Sarina L Cowle & Associates in Heathmont, Victoria, Australia | Local service

Sarina L Cowle & Associates

Locality: Heathmont, Victoria, Australia

Phone: +61 3 9870 4246

Address: Canterbury Road Heathmont, VIC, Australia

Website: http://www.slclaw.com.au

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25.01.2022 Casual Loadings - And Payment of Annual Leave Regular ongoing casuals workers being paid the 25% loading may be able to claim back pay for annual leave, personal leave and compassionate leave and the additonal loading cannot be offset against such entitlements according to the latest Federal Court decision. This means that regular and ongoing casual workers may have large entitlements to claim against employers. The Government may seek to overturn this approach by legislat...ion. Any long term employment of casuals should carefully be reviewed.

25.01.2022 LCR 2020/1 has now been issued by the ATO on the JobKeeper decline in turnover test. It addresses various methods on methods to calculate GST turnover. The ATO said The reason for this ruling is that we are continuing to receive questions about some aspects of the turnover test that require further explanation in a product of this type,. It is intended to assist those who have not yet applied the turnover test and are still considering if they are eligible for JobKeeper...." It is not our intent to focus compliance resources on circumstances where you have already used guidance on our website in good faith to determine whether you satisfy the decline in turnover test. There is a 3 step process what supplies are relevant when calculating projected GST turnover and current GST turnover; how supplies are allocated to relevant periods and how to determine the value of each supply that has been allocated to a relevant period. The ruling also seeks to clarify the issue of cash v accruals basis. We accept that there may be practical compliance difficulties in linking amounts you have received or invoiced based strictly on the time a supply is made or likely to be made, the ATO said.

25.01.2022 NEW LEASE NEGOTIATION REGULATIONS JUST OUT New regulations dealing with how leases are to be re-negotiated during the Covid period have been made for Victoria. Contact us for any help on dealing with a commercial tenant or landlord.

25.01.2022 For law firms already cognisant of the need to be adaptable in ever-changing professional environments, the coronavirus-inspired pivot should have been easy. Being boutique means being able to quickly adapt and remain customer-focused and client-centric, particularly in comparison to the big end of town. That is the viewpoint of Resolve Divorce founder Rose Cocchiaro, who told Lawyers Weekly that, for her firm, the pivot was easy once COVID-19 hit.... Shifting our staff to working from home, and working primarily online was seamless given we were already online and paperless. Communicating the change to our clients and ensuring they still felt supported and serviced happened without difficulty, as we had strong and authentic relationships already built, she explained. Operating entirely using cloud-based technology meant offering online consultancy and negotiations methods [were] simple, given our clients were already familiar with our modern approach. It was also necessary, Adelaide-based Ms Cocchiaro continued, for firms like hers to quickly move to offering fixed pricing and new payment options for clients.

24.01.2022 FLEXIBILITY arrangements in the Fair Work Act Where an employer qualifies for JobKeeper there are new powers in the Fair Work Act Part 6-4C that allows an employer to temporarily modify employment terms and conditions. The new powers include new options for workforce flexibility and reducing workforce costs, such as reducing working hours and having employees take annual leave. ... A business must qualify for JobKeeper to use Part 6-4C.

23.01.2022 Here is the ATO link to the procedure for JobKeeper https://www.ato.gov.au//JobKeeper-guide---employers-repor/

22.01.2022 You Tube link to employment law webinar....please use this link if you wish to view our latest webinar with Suzanne Diprose of Performance Advantage HR https://www.youtube.com/watch?v=3w2BQmwgZos&t=338s

20.01.2022 Business owners who underpay workers in Victoria may be prosecuted and have prison sentences imposed once the Andrews government criminalises wage theft. This will be in addition to penalties imposed under the Fair Work Act. The Wage Theft Bill 2020 will create a state watchdog to handle cases of underpayment, with penalties of up to 10 years jail.

19.01.2022 Rent increases and evictions will be illegal for six months and tenants will be able to access assistance payments of up to $2000 under new Victorian laws to protect renters and landlords during the coronavirus pandemic. The Andrews government will next week introduce new laws granting $420 million in land tax relief to landlords, to encourage them to do the right thing by tenants with about half of that money expected to go to commercial property owners. Another $80 mill...ion will be spent by the state on direct rental payments to tenants who are struggling to pay their rent because of the impact of coronavirus. The laws will be introduced to State Parliament during a one-day emergency sitting next Thursday. The ban on evictions will apply to both residential and commercial tenants. Landlords who offer rent relief to coronavirus-affected tenants will be eligible for a 25 per cent discount on land tax. They can also defer land tax payments until next March. See more

18.01.2022 https://www.justice.vic.gov.au/permitted-worker-scheme See the link above to download the permitted worker scheme form. From 11:59pm on Wednesday 5 August, employers must issue a permit to their employees where they require their staff to attend a work site. A work site could be any work site eg. a bank, post office, client site etc.

17.01.2022 The Victorian Government has announced that the Commercial Tenancy Relief Scheme (the Scheme) will be further extended until 28 March 2021. Once the Scheme has been extended, you need to make a separate or second application if you want to request rent relief for the period 1 January 2021 to 28 March 2021.

17.01.2022 Amendments to the Fair Work Act were made on 9 April 2020, They provide temporary amended to facilitate the JobKeeper payment scheme. The new provisions will enable employers who are entitled to JobKeeper to: 1. give the employee temporary and partial stand down directions in certain circumstances 1. temporarily alter the employees usual duties and locations of work in certain circumstances 3. agree with the employee on altering an employees days and times of work, and ...use of annual leave in certain circumstances. The Fair Work Commissions will deal with any dispute arising from the above. Administration of the JobKeeper payments is being done by the ATO and there is clear information on its website. The first of the JobKeeper payments are rolling through now.

16.01.2022 The Fair Work Commission has varied the Clerks Private Sector Award (December 2020) to manage work from home and flexible work arrangements. They include - an extended spread of ordinary hours for day workers;... an ability for employees to elect not to work ordinary hours continuously; flexible starting and finishing times for part-time employees; an ability for part-time employees to work non-consecutive hours; and arrangements for taking meal and rest break while undertaking remote work. Employers and employees can use these flexibility provisions to re-think their working arrangements.

15.01.2022 Wage THEFT! Under new legislation to go through Parliament this week, the most serious cases of wage theft, will trigger criminal penalties of up to four years in jail and $5.5 million fines as the government cracks down on underpayment to help honest businesses. Contact us for any concerns about Award payments and minimum entitlements.

15.01.2022 SMALL BUSINESS COMPANY TAX REDUCTION From Wednesday, the small business company tax rate will be reduced from 27.5 per cent to 26 per cent for businesses with a turnover of less than $50 million, decreasing to 25 per cent from the 202122 income year. This brings forward tax reductions originally scheduled by the Federal Government to come in over a longer period. The full company tax rate of 30 per cent applies to all companies that are not eligible for the lower company tax rate.

15.01.2022 If you March Quarter BAS is lodged you may receive the cash flow boost equal to $10,000 or the amount withheld for PAYG, whichever is the later (up to a maximum of $50,000) You dont need an application form. If youre eligible, the cash flow boost will automatically be credited when you lodge your March activity statement. Some business may not be eligible depending upon when they commenced business.... Make sure your business details are up-to-date by checking and updating associated bank accounts through the Business Portal or myGov.

15.01.2022 INCREASE IN NATIONAL MINIMM WAGE & AWARD PAY The Fair Work Commission has announced a 1.75% increase to the National Minimum Wage (NMW) following its 2020 Annual Wage Review. The increase applies to awards in 3 stages, which start from the first full pay period on or after:... 1 July 2020 1 November 2020 1 February 2021. For anyone not covered by an award or an enterprise agreement, the new national minimum wage will be $753.80 per week or $19.84 per hour. This applies from the first full pay period on or after 1 July 2020. What do I need to do? Were working to update our pay tools, information and resources with the new pay rates. Well send you another email when the updated pay rates are available. See The Commission has announced a 1.75% increase to minimum wages for more information.

15.01.2022 Workplace Information on You Tube If you would like to know more about the Fair Work Act recent and temporary changes, and about the JobKeeper program, please see the YouTube link below for contemporary information and advice for small business. https://youtu.be/yH9A0lwxFak... Talk to us if you want more information and advice (Sarina) or practical HR actions and solutions (Suzanne Diprose of Performance Advantage HR).

15.01.2022 JobKeeper 2.0 will kick off on 28 September as a two-tiered, scaled-down scheme with a six-month lifespan. To be eligible for JobKeeper payments under the extension, businesses with an aggregate turnover of $1 billion or less will need to demonstrate that they have experienced a drop in turnover of at least 30 per cent; for those with turnover above this limit, the drop is 50 per cent; and charities are expected to show a 15 per cent shortfall. But, from 28 September, busin...esses wanting to remain on JobKeeper will also need to prove they suffered an actual decline in turnover for the June and September quarters. Subsequently, to keep receiving JobKeeper into 2021, on 4 January businesses will need to reconfirm their turnover shortfall for each of the June, September and December 2020 quarters.

14.01.2022 Stand Down of Employees Employers may be able to stand their employees down without pay during the coronavirus outbreak for a number of different reasons. These can include where: 1. the business has closed because of an enforceable government direction relating to non-essential services (which means there is no work at all for employees to do even from another location) 2. a large proportion of the workforce is in self-quarantine meaning the remaining employees cant be usef...ully employed 3. theres a stoppage of work due to lack of supply for which the employer cant be held responsible 4. a qualified employer is using a JobKeeper enabling stand down direction in accordance with the new temporary JobKeeper changes to the Fair Work Act.1.1. See more

14.01.2022 Regulation of the Economy? The Prime Minister has announced new proposal to give tax reform business and deregulation to lessen the burden on small businesses to re-instate the economy. "JobMaker" is a plan to avoid the suggested outcome of 10 per cent unemployment and government debt above 30 per cent of the GDP.... The plan is for more efficient taxes, less regulation, award simplification, access to finance and more. Just what we predicted! Will keep you posted

14.01.2022 Court decision on Casual Work could mean less jobs A recent court decision that allows permanent casual staff entitlements, including sick and holiday pay, could deter businesses from hiring new staff, according to new research. Analysis by Roy Morgan shows the Federal Courts ruling on casual staff will have an impact on 794,000 businesses in Australia, leaving one in three having to seriously consider staffing needs.... A quarter of businesses, 567,000 (24.5 per cent), said the ruling will deter them from hiring casual employees, while over one in 10 businesses, 245,000 (10.5 per cent), said the ruling will have a large financial impact. Most worryingly is as many as 123,000 (5.5 per cent) businesses said they will be forced to close because of the ruling. Roy Morgan CEO Michele Levine said the Federal Courts ruling on casual employees has the potential to have a significant impact on hundreds of thousands of Australian businesses. She added: The biggest direct impact forecast by around a quarter of businesses is that they will be deterred from hiring casual employees in the future. Many businesses mentioned double dipping and the fact that casual workers already get a 20 per cent loading for sick pay and annual leave etc. Small and medium-sized businesses with 5199 employees will suffer the biggest impact According to Roy Morgan, smaller businesses are likely to bear the brunt of the additional costs in labour.

14.01.2022 New legislation proposed Employers covered by the most common 12 award areas will be granted exemptions under the Fair Work Act for two years, enabling them to check and alter their terms of employment. As well, the better off overall test (BOOT), the safety net that underpins the enterprise bargaining system, will be altered to make its interpretation by the Fair Work Commission less rigorous.... Christian Porter says businesses in the hardest-hit areas needed flexibility to get back on their feet.

12.01.2022 INDUSTRIAL MANSLAUGHTER LEGISLATION COMES INTO EFFECT TODAY Fines up to $16.5 million and goal terms of up to 25 years could be ordered against business owners under the new industrial manslaughter legislation applying from today. The Andrews Victorian government may include in the definition of a workplace death, cases of suicide resulting from workplace bullying exposure to silica dust and death on the roads and thereby increasing even more employers exposure to these fines and goal terms.

12.01.2022 Talk to me about joining with 50 plus other motivated small business owners who want to give you referrals!

11.01.2022 Commercial Rent Relief The Victorian Commercial Leasing Code of Conduct will be extended beyond the September expiry date to the end of the calendar year. Small business will benefit from relief in regard to commercial lease commitments but need to follow the Regulations carefully when they deal with landlords. The Victorian Treasurer has stated We need to provide certainty to people who lose their homes or their businesses, and we need to help tenants and landlords find some common ground.

10.01.2022 The Govt has introduced new COVID-19 employment measures. The first, is the JobMaker Hiring Credit assisting with the employment of people aged 16 to 35 years. It is intended that the program will be extended beyond 6th October, 2021. Eligible employers can claim $200 per week for anemployee hired during this period aged 16 to 29 years. For employees aged 30 to 35 years employers the claim is $100. Employment can be on a permanent, casual or fixed-term basis. The second is... paid parental leave work test period amendment Any queries may be directed to us.

09.01.2022 NEW STATEMENT FROM KATE CARNELL - Australian Small Business and Family Enterprise Ombudsman A new industry award, a federal claims tribunal, a government-backed revenue-contingent loan and a small business procurement panel these are just some of the reforms that the small business ombudsman believes are vital to kick-start the post-COVID-19 recovery phase. The Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, has released a comprehensive plan, propos...ing a number of structural changes to improve the legal, regulatory and compliance environment for small businesses. The plan, pitched to the Morrison government, is divided into six sections, each covering a vital area of doing business in post-COVID-19 times. Among Ms Carnells headline recommendations is the abolishing of fringe benefits tax for small business, the creation of a federal small business claims tribunal, and the enactment of a permanent small business instant asset tax write-off of $150k. Also in the plan is the introduction of a small business award and 30-day payment terms for small business, as well as the creation of a small business procurement panel for any government contract under $10 million. The ombudsman warned that without these changes, the consequences will be dire for the Australian small business community. Small businesses have never done it tougher, Ms Carnell said. The devastating bushfire season has been overshadowed by the impact of the COVID-19 crisis. A collapse in local employment, tourism and events industries and the flow of goods and services around our country has led to economic conditions weve never seen before.

09.01.2022 Underpayment of Staff - Serious Fines Two restaurant owners have been penalised for underpaying their employees tens of thousands of dollars. The Fair Work Ombudsman has warned all employers who dont pay their workers correctly. Over $200,000 in fines have bee imposed on a Melbouren restaurant owner and a similary situation is happening in Hobart. Most employees underpaid are migrant workers.... Fair Work Ombudsman Sandra Parker urged businesses to check their workplace compliance and stop exploiting vulnerable workers. The exploitation of migrant workers is unacceptable as they can be particularly vulnerable in the workplace due to language barriers or visa status. Minimum wage rates apply to everyone in Australia, including visa holders, and they are not negotiable, Ms Parker said.

06.01.2022 Government support for small business matrix...contact us by email if you wish to obtain this matrix

06.01.2022 Letters for Rent Relief COVID-19 OMNIBUS (EMERGENCY MEASURES) (COMMERCIAL LEASES AND LICENCES) REGULATIONS 2020 - REG 10 Rent relief requests to Landlords must include the statement in sub-paragraph 2 of Regulation 10 (1) A tenant under an eligible lease may request rent relief from the landlord under the eligible lease....Continue reading

04.01.2022 Code of Conduct For Commercial Leases Many tenants are receiving unreasonable requests for information from landlords - the new Code party regulates this. Please contact us to request information.

04.01.2022 Premier Daniel Andrews has announced that up to 50% of office workers in the private sector and 25% of public service workers will be able to start returning to on-site work from Monday 18 January 2021. Why public servants are more special is not clear! From Monday 18 January offices with fewer than 40 staff can have 20 staff on-site subject to density quotients. The restrictions regarding wearing masks indoors will also be relaxed from 11.59 pm on Sunday 17 January 2021 an...d will no longer be required to be worn in offices. It is still recommended that you wear a mask whenever you cannot keep 1.5 metres distance from others. Record keeping requirements for workplaces will remain unchanged, which means that an employer must keep a record of all workers and all visitors who attend the premises for longer than 15 minutes.

04.01.2022 Prime Minister Scott Morrison has announced that employees who need to self-isolate in accordance with public health orders but have no sick leave available will be able to access a one-off pandemic leave disaster payment. In a press conference on Monday, Mr Morrison said those with no sick leave available to them will be eligible for a $1,500 payment for the fortnight they would be required to be in isolation. He said that payment will be modelled on the exact same set of cr...iteria that the Victorian government has put in place for its paid pandemic leave scheme. Those payments are principally made to those who are on short-term visas who otherwise wouldnt have accessed Commonwealth payments, Mr Morrison said. We will make sure that everyone else who finds themselves in this situation and they dont have that leave available through their sick leave because its been exhausted will get a $1,500 payment for that fortnight.

03.01.2022 Ask me about joining a team of 51 motivated business people who want to get and give you qualified referrals..

03.01.2022 REDUCTION IN REDUNDANCY PAYMENTS DUE TO FINANCIAL HARDSHIP The Fair Work Commission has agreed with an employers decision to cut redundancy payouts to four employees by nearly $30,000, after the company argued that the COVID-19 pandemic has put it under significant financial strain. The company was unable to pay the full $44,000 it owed its employees under the Act, and so asked the FWC to seek a variation. It argued that the COVID-19 pandemic had caused the closure of their plant.

03.01.2022 The Fair Work Ombudsman has warned businesses underpaying migrant workers, following a decision in the Federal Cour imposing a $891,000 penalty against a food outlet. The business had deliberately underpayed 94 staff to the amount of $700,832.88 between April 2015 and July 2016. Justice Geoffrey Flick said: This is a case about greed and the exploitation of the vulnerable....Those in a position to ruthlessly take advantage of others pursued their goal of seeking to achieve greater profits at the expense of employees.

03.01.2022 JobKeeper calculations - do you use cash v accruals basis for your GST? The ATO clarified its approach to how to make the calculations for JobKeeper. Businesses need to show a 30% or more reduction in turnover. But how is this calculated? The ATOs now suggest that if you use cash or accrual for your BAS then you would have to explain why you should use another method for the turnover calcuations.... Whatever basis used by a business must be used in comparing the month or quarter in 2020 with the comparison month or quarter in 2019

02.01.2022 Modern awards update - 99 awards have been varied to insert Schedule XAdditional Measures During the COVID-19 Pandemic. The variation operates from 8 April 2020 until 30 June 2020. The updated awards can be viewed on fwc.gov.au The special provisions provide for unpaid pandemic leave, annual leave with 1/2 pay, Contact us via email for any enquiries.

01.01.2022 A business eligible for JobKeeper remains eligible for the duration of the measure A business eligible for JobKeeper remains eligible for the duration of the measure By Maja Garaca Djurdjevic|06 May 2020 A business that complies with the JobKeeper eligibility criteria in April will continue to receive the $1,500 per fortnight wage subsidy for the remainder of the JobKeeper period, until 27 September, the ATO has confirmed.... Speaking on a webinar hosted by Lawyers Weeklys sister brand MyBusiness, Deputy Commissioner for the ATO Deborah Jenkins confirmed businesses that met the JobKeeper eligibility criteria upon their enrolment will continue to receive the $1,500 wage subsidy per fortnight even if they experience a boost in revenue in subsequent months. Ms Jenkins stressed that businesses only have to prove their eligibility once, at the very start of the process. The monthly reporting obligations have a different purpose, she added. Once you are eligible, you remain eligible for the period until September, Ms Jenkins said. She reiterated that while businesses do have to report to the ATO on a monthly basis and predict their turnover each month, this no longer affects their eligibility. People cant predict the future. They dont have a crystal ball. Wouldnt it be wonderful if businesses are doing well in that period and didnt have a drop of 30 per cent, but they continue to be eligible even though, later on, they might find their business has kicked in, and people are shopping again, buying again, out in the restaurants and cafs, Ms Jenkins said.