Is it time to check on your compliance?

Getting employment compliance right is a constant struggle for every industry.  In the Petrol & Convenience industry, where everything is more complicated, achieving compliance in the employment space is even harder.  ACAPMA is often asked “Where do I start?” the answer is with a 2 minute self check.

  • Do you know what guaranteed hours are (hint, this is not a total number of hours a staff member will/does work)?
  • Do you know who guaranteed hours apply to?
  • Do you know how guaranteed hours impact on overtime payments?
  • Are you able to show an inspector today that you have given all of your staff a copy of (or link to) the Award?
  • Are you able to show an inspector today that you have told all of your staff what their classification is in the Award?
  • Are you able to show an inspector today that you have told all of your staff if they are casual or permanent?
  • Are you able to show an inspector today that you have written agreement with all of your staff of guaranteed hours?
  • Are you able to show an inspector today that you have provided all of your staff with a copy of the Fair Work Information Statement?
  • Are you able to show an inspector today that you have provided all of your casual staff with a copy of the Casual Employment Information Statement?
  • Do you know what shift loading applies to work started after noon on a weekday?
  • Do you know what changes the shift loading rates?
  • Do you know when the shift loading does not apply?
  • Do you know when overtime applies?
  • Do you know if there is a minimum shift length?
  • Do you know if there is a minimum standdown between shifts required?
  • Do you know if there is a requirement to provide or pay for breaks?
  • Do you know the restrictions on hours that apply to staff under 18y?
  • Do you know when leave loading applies?
  • Do you know how to calculate correct leave loading?
  • Are you provisioning for long service leave for ALL staff (yes including casuals)?
  • Do you provide all staff with a copy of their payslip?
  • Does the payslip you provide to staff include note of shift loading and penalty amounts separately?
  • Does the payslip you provide to staff include the superannuation fund details?
  • Are you able to show an inspector today exactly when staff started and finished work on each day for the last 7 years?

If you answered no to any of these questions, or were even a little unsure, it is time to talk to a professional about checking your employment systems for compliance and fixing it up if required.

The reality is that employment compliance is a moving target, and things that were right last year have changed, things that were acceptable are no longer so, and businesses are all on notice that ignorance is no excuse, nor is remote operations.  The Fair Work Inspectors are actively conducting audits in person and remotely, so today is the day to make time to identify your particular compliance gaps, and address them…before an inspector asks the question.

ACAPMAs Assisted Compliance Audit is a desktop employment health check that sees ACAPMAs Employment Professionals assess the sites current compliance status, identify gaps – and most importantly – provide assistance, guidance and resources to correct those gaps in a safe, confidential and industry leading manner.  ACAPMA Assisted Compliance Audits are available to Members for $435 inc GST per site.  To learn more about the ACAPMA Assisted Compliance Audits contact employment@acapma.com.au

Elisha Radwanowski BCom(HRM & IR)
Executive Manager for Employment and Training
ACAPMA

Adapted from an ACAPMA article first published in Convenience World June 2022

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