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Tax Return Mistakes
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SMSF advice appetite strong, says ASIC
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Common STP set-up mistakes - ATO
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Proposal to hold directors liable for GST set to pierce corporate veil
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September 2019 - vital statistics for Australia
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Tax Commissioner wants to turn black economy to ‘lighter shade of grey’
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Changes to the Private Health Insurance Statement
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Up to 9 in 10 ‘other’ expenses adjusted as ATO reveals dodgy claims
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Downsizer Super Contribution
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Tax payers to receive beefed up tax returns.
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10 top global corporations since 1998
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Catch-up Contributions
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Life Insurance
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Community tip-offs trigger ATO visits
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Australia at a glance
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2019: Tax Time Checklists - Individuals; Company; Trust; Partnership; and Super Funds
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Small business clients need to be ready for STP by 30 September
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Big four firm outlines new financial year checklist for SMSFs
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Alert - Online Share Accommodation
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ATO flashes warning over $7.2bn car expenses claims
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Vital statistics for our great nation.
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3 out of 4 tax dob-ins are about business
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Tax on compensation received for inappropriate advice
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‘Extra care’ crucial in avoiding ATO spotlight this tax time
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ATO clears up FAQs about Single Touch Payroll
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GST reporting: common errors and how to correct them
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LRBAs, guarantees in need of review after property market falls
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Victorian Property Valuation Cycle
Article archive
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Quarter 4 October - December 2014
Quarter 2 of, 2015 archive
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SMSFs may be missing out on allowable deductions
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Change to Early Access Rules
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Capital Gains Tax – which year?
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Checklist for Employers Year-end
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Year-end Tax Planning – Small Business
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Year-end Tax Planning – Trusts
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Reminders and Tax Strategies for SMSFs pre-year end
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Year-end Tax Planning – Individuals
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Overtime Payments May Eliminate Claims for Unfair Dismissal
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Tips and traps for acquiring SMSF assets from related parties
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ACCC issues scam warning
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SME Dispute Resolution
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Land Tax – Victoria
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R&D incentives at risk
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ATO adds ‘hot issue’ to its SMSF target list
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Additional Super Contributions Not Appropriate for all
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Issues arising from an underpaid pension
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Salary and Superannuation after the death of an employee
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IPA calls for zero pc tax rate
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Australian Government - Budget 2015
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Budget 2015 - some professional opinions
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Looming end to SMSF Borrowings?
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ATO warns SMSFs on franking credits scheme
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Lump Sum Payments - Employer Reporting
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Small business tax cuts 'not enough', says IPA
Overtime Payments May Eliminate Claims for Unfair Dismissal

 

The Fair Work Commission (FWC) has ruled than an employee’s overtime payments ....

.... can be considered part of an employee’s annual earnings under the Fair Work Act 2009 (FW Act) where such overtime is determinable in advance.

       

Overtime payments that are determinable in advance are to be counted as part of an employee’s annual earnings when determining whether the employee falls above or below the high income threshold for unfair dismissal claim purposes.  

Employers may wish to consider formalising their overtime arrangements to provide clarity around whether the overtime payments are determinable in advance.

For employees to be able to bring an unfair dismissal claim under the FW Act, they must meet certain jurisdictional thresholds, including:-

  • The employee must either be covered by an award or an enterprise agreement (in which case no income cap applies); or
  • The employee must earn less than the high income threshold (currently $133,000 per annum).

This case was to determine whether employee earnings included regular and systematic overtime.

The Fairwork Commission and the Full Bench of the Commission agreed that the payments in this case were either anticipated or agreed in advance and whether they were guaranteed or not, was irrelevant.

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