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Tax Time Checklists - Individuals; Company; Trust; Partnership; and Super Funds
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ATO zeroes in on work expenses, crypto investments
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Forget the Tim Tams in your WFH claim, say ‘fun police’
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Inflation will force a third of businesses to raise prices
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State and Federal Disaster support --- June 2022
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Year-end tax planning
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World GDP Ranking (1960~2025)
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100A ruling ‘turns tax avoidance logic on its head’
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Be alert for phoenix activity, businesses told
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Equifax signs data agreement with ATO
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E-invoicing will reduce emissions, says PwC
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Largest cities in the world 1500 to 2100
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Last chance to claim the loss carry-back
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Changes to recovery loan scheme for small and medium enterprises
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About the cash flow forecasting template
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Federal budget 2022: Winners and Losers
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ATO puts 50,000 directors on notice.
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FBT Reminder – Odometer Reading
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Data matching program: government payments
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Budget: Big wins for SMEs
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Small businesses show sign of omicron rebound
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Federal Budget 2022 - Overview
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Federal Budget 2022 and YOU - Part 1
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Federal Budget 2022 and YOU - Part 2
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Budget at a Glance - Video
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 – Trusts
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Year-end Tax Planning – Small Business
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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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