We see now each state government are starting to lift restrictions. This is good news, I hope you all have registered and are on Covid 19 app, I am sure this will give government some comfort in deciding to lift more restrictions.
This appears to be in patches. Speaking with a number of retailers at the AACS board meeting tonight it was alarming to hear what is happening in the market.
This is a very sad state, a lot of people are out of work and as hard as it is for us all, there is always someone out there that is worst off. Unfortunately I fear as time goes on we are going to see more and more desperate people. I have and I am sure we all have a lot of empathy for people doing it tough but we cannot tolerate anything that will put our people or our business at risk.
We need to think about this and how this will impact our people. There are two areas in our business I suggest we all review over the next few days.
I am not suggesting its easy, however all staff need to know how to react to aggression . There are many methods, this is a method I was taught when I was a young Masters of Origami in a company called Caltex and I believe it is still used by Qantas today.
Acknowledge - I am really sorry you feel that way, or I am really sorry this has happened to you
Solve – is there anything I can do ? , if not ….. I will let my manager know
Also review you teams understanding of how to behave in a robbery. The method I was taught when I was a young lion trainer in the circus called 7eleven
I truly hope you and your people do not experience any of this.
Daily COVID-19 Roundup | as at 17:00 29/04/2020 (last Roundup 27/04/2020)
This message has been sent to the Principle for each business as per the ACAPMA Member Register. Please feel free to forward through your business as required.
Follow ACAPMA on LinkedIn for articles and resources as they are released, so you don’t have to wait until COB to get your information; https://au.linkedin.com/company/australasian-convenience-and-petroleum-marketers-association-acapma-
Whats New - Changes and Items of Interest
- JobKeeper Juniors Eligibility changes – business response required
When the JobKeeper was announced as long as an employee met all of the other criteria the only age related criteria was that they were over the age of 16 year. Many businesses and staff have prepared for the JobKeeper on this basis. However as noted in the last Roundup, after the Rules Change on 25/4/2020, an additional criteria has been added to the age element. Now Juniors will be subject to an additional eligibility criteria that will see those 16 year olds and 17 year olds that are full time students and not financially independent as being ineligible. For the Transition Period (30/3/2020-26/4/2020), if the business has already met the Wage Condition (paid the minimum $1,500 before tax per fortnight) then the business will be able to claim for those Juniors that fall into the (student/ineligible) new criteria. However for the Active Period from 27/4/2020 businesses will need to ensure that NO 16 or 17 year old who is a full time student and who is not financially independent receives the JobKeeper. This will mean reaching out to Junior staff again to confirm their student and financial independence status. See the Q & A Section below for a copy of the suggested Declaration Letter.
- JobKeeper Transition Period Backpay to eligible staff deadline extended from 30/3/2020 to 8/5/2020
The ATO has extended the deadline for the payment of the Transition Period Backpay Top Up amounts for eligible staff (to meet the Wage Condition and bring them up to the minimum $1,500 before tax per fortnight). The Transition Period (30/3/2020-26/4/2020) is the only period for which a business can Backpay staff to meet the Wage Condition. Previously the deadline for completing these payments was 30/3/2020…it has now been extended to 8/5/2020. This is great news for businesses that have been securing bridging finance.
It also needs to be noted however, that the Active Period of the JobKeeper started on 27/4/2020. For the Active Period the staff must receive the minimum $1,500 before tax per fortnight (Wage Condition) WITH their normal pay – it can not be backpaid at a later date. So it is vital that businesses take the time to work out now, based on their pay periods when they need to make the payments.
For example a business that pays weekly on a Thursday for the previous Thursday to Wednesday period would be making a normal payment on 30/4/2020 to staff that would include the three days of the Active Period 27/4/2020, 28/4/2020 and 29/4/2020 (noting that the other days in the pay period will fall into the Transition Period and will have been pro rataed and paid as JobKeeper BackPay).
The business will need to ensure that the payment it makes on 30/4/2020 incorporates any necessary top up amount.
If the employee worked 4h on each of these days and for example the value of these three days amounts to $86.16, then the business will need to do a JobKeeper Top Up amount on this payslip.
The fortnightly JobKeeper minimum amount is $1,500 before tax, making the weekly amount $750, and the daily amount $107.14.
So in this simple example the Payslip should record the hours worked AND a JobKeeper Top Up (27/4/2020-29/4/2020) amount of $235.26 (which is three days at $107.14 = $321.42 LESS the amount worked on those three days)
The good news for business is that after doing all of the tedious pro rata adjustment to align the JobKeeper Transition Period and the Active Period to the businesses payroll periods, the future periods will be more simple – in our example of above all future payslips (until the end of the Program) will be a simple matter of Hours Worked as normal AND JobKeeper Top Up (where the Top Up will be $750 LESS the amount earnt before tax for the hours worked that week).
If you are struggling to do the splits required to align your payroll periods to the JobKeeper Transition/Active Periods please email employment@acapma.com.au and we will give you a hand.
For more on the payment deadline extension please see; https://www.ato.gov.au/general/jobkeeper-payment/employers/paying-your-eligible-employees/
- JobKeeper Directives to Reduce Hours – what needs to be done?
The changes that were made to the Fair Work Act when the JobKeeper was legislated, often called the JobKeeper Flexibility Provisions, allow for businesses that are participating in the JobKeeper Program to issue Directives, including Directives to Reduce Hours, to employees that are also participating in the JobKeeper Program. There are specific requirements for these Directives including consultation, reasonableness and written notice. There is provision in the Act for the format of the Consultation Record and the Written Directive to be in a particular or ‘required’ format. To date a required format has not been released. As such ACAPMA has produced Sample Consultation to Reduce Hours and Sample Directive to Reduce Hours templates. See the Q & A Section below for a recap on the requirements of Directives and for copies of the Samples. If your business is considering issuing a Directive on any of the other eligible areas (change in duties, change in location, forced annual leave) please reach out to employment@acapma.com.au and we will assist you in drafting appropriate communications.
- JobKeeper Disputes already…
Only 9 days after the enrolments for JobKeeper opened, the Fair Work Commission has received over 120 claims and cases from employees pertaining to the JobKeeper Program. The ACTU is preparing another 250 cases that are expected to be lodged later this week. The Fair Work Commission has the jurisdiction to address disputes pertaining to JobKeeper and today has published the JobKeeper Dispute Benchbook (a how to lodge and defend a claim guide). While the restrictions are being eased and the public is looking towards the end of the crisis, it is clear that this is just be beginning of disputes as businesses, regulators and employees try to navigate the complicated waters of this new program. For a copy of the Benchbook on JobKeeper Disputes see; https://www.fwc.gov.au/documents/documents/benchbookresources/jobkeeper-disputes/jobkeeper-disputes-benchbook.pdf
- $5 an hour COVID-19 Allowance for frontline workers
In an application in front of the Fair Work Commission, Disability and Healthcare workers may receive a temporary COVID-19 Allowance amounting to $5 per hour, in recognition of the additional risk of infection due to the “frontline” nature of their work. This is the first of the petitions for COVID-19 Pay Increases, but more are expected to come. ACAPMA stands ready to engage on the industry’s behalf if there are suggestions of changes to the relevant industry Awards…watch this space.
- Restrictions are easing on the weekend, but retailers will need to be on their game
Today is day 48 for me in isolation (but hey…whose counting right!), so I take great pleasure in adding this tidbit of long awaited news announced the by NSW Premier yesterday – from Friday two adults (and accompanying children) will be able to visit the home of another. This is great news, not only for my children (who are going stir crazy) but also for retailers generally. The easing is happening at different paces in different States, but there has been announced a trend towards lifting of some restrictions, with more to come if everyone behaves and the case numbers don’t spike unreasonably. The easing of restrictions should see an increase in vehicle movements and associated increased retail sales. It is important for all retailers to refresh their maximum and Safe Shopping person limits and ensure that customers are not exceeding these numbers and are maintaining the required social distance, particularly as we see more and more people on the road. Review the minimum and Safe Practical Shopper Limits here; https://acapmag.com.au/2020/03/safe-distancing-in-retail-maximum-vs-practical-limits-and-communications-to-customers/
- Restriction Easing Details
- SafeWork Australia releases COVID-19 Risk Assessment Guides
Following on from the release of general controls guidance earlier in the month, SafeWork Australia has now released detailed guides and templates for conducting risk assessments and completing risk registers in addition to a Emergency Plan Template pertaining to COVID-19. For a copy of the templates;
Q & A with ACAPMA
Q: I have Juniors in my business. I know their ages but I am not sure about their status as students or their home life and if they are or are not financially independent. What should I do to make sure I don’t end up paying them $1,500 before tax a fortnight that I then don’t get back from the ATO?
A: Ideally the declarations of student status and financial independence would have been included on the Employee Nomination Form along with all of the other declarations, however, since this requirement is new (announced on 25/4/2020) they were not part of the forms design. So the business should seek to gather this information via a Declaration Letter. This letter should clearly outline why the business is asking these questions (as they are a bit invasive) and what the impact of the answers could be. A sample letter would look like;
Dear [name],
Thank you for providing your Employee Nomination Form for the JobKeeper Wage Subsidy Program. As you know the business has enrolled in the JobKeeper Program, and has enrolled you based on the eligibility criteria that was outlined on the ATO Employee Nomination Form. On 25/4/2020 the Treasurer changed the rules of the JobKeeper Program and added additional eligibility criteria that applies to Juniors who are 16 years old and 17 years old.
Because of this change we are writing to you now to gather more information about your status so that we can continue to participate in the Program.
The business needs to know if your are;
- A full time student - this means attending High School, or attending TAFE or other institution (as a registered full time student)
Yes I am a Full Time Student / No I am not a Full Time Student
- If you are financially independent – this means you are responsible for paying for, in your own name, bills associated with living (such as rent, utilities, phones, food, medical etc). You will not be considered financially independent if you live at home with your parents and they pay the bills in their own name, even if you pay ‘board’
Yes I am financially independent / No I am not financially independent
Please circle the elements that apply to you and sign and date below and then return this letter to us (we can make a copy for you to keep if you like).
Name: ____________________
Signed: ____________________
Dated: ____________________
Depending on your answers above your eligibility may be revoked (because of the Treasurers changes) and you may no longer be eligible to receive the JobKeeper Payment for the periods from 27/4/2020 onwards. If your eligibility is revoked you will still receive the JobKeeper Payments for the Transition Period (30/3/2020-26/4/2020) which will be backpaid by 8/5/2020.
This is a complicated and confusing time, if you or your parents would like to discuss this please do not hesitate to contact me.
Kindest Regards
[name]
Q: My business is participating in JobKeeper and we need to Reduce Staff Hours, what do we need to do?
A: It is vital to note that Directives, including a Directive to Reduce Hours, can only be given by businesses that are participating in the JobKeeper Program and only to employees that are also participating.
So if your business is enrolled and participating in the JobKeeper Program, but you have an employee who is not eligible (a non resident for example) for the JobKeeper Program, then your business can not issue a JobKeeper Directive to those staff. For staff that are not eligible for the JobKeeper Program the business can only reduce hours by genuine agreement.
For businesses that are participating in JobKeeper, they are able to issue Directive to staff that are also participating in the JobKeeper Program.
Directives can be issued to reduce hours (even down to zero), to change the duties, to change the location and to take annual leave.
Requirements for Directives
- All Directives must be reasonable
- All entitlements accrue based on the Not-Reduced Hours of the employee when they are on a reduction Directive
- All hours the employee works they must still receive full and normal pay for
- The Wage Condition (payment of minimum $1,500 before tax per fortnight) must be met for all eligible staff even if they are subject to a Directive
- A Directive can only be given after Consultation (a record of which must be kept)
- A Directive must be given in writing and can only come into effect 3 days AFTER the date of the Directive (unless the employee agrees to it starting earlier)
With all of this in mind below is a Sample Consultation to Reduce Hours and a Sample Directive to Reduce Hours;
Sample Consultation to Reduce Hours
Memo: Consultation on Reduction of Hours
Further to our discussions the business will be reviewing the current operations in relation to the COVID-19 pandemic and its impact on the business and on customer demand and staff requirements. This will include reviewing the possibility of reducing staff hours.
In the event that the business does decide to issue Directives to staff to reduce hours such Directives would be temporary and would have the following impact on staff;
- You will still receive full payment for all of the hours that you work
- You will receive a JobKeeper Top Up amount if the amount you earn is less than $1,500 before tax per fortnight. The amount of the JobKeeper Top Up amount that you receive will depend on the amount that you receive for working
- Your entitlements (like annual leave etc) will continue to accrue on the basis of your normal guaranteed or standard hours, even if your working hours are reduced to zero by any Directive.
For Example;
- Mary has had her hours reduced to zero, she is working 0 hours in the fortnight and earning $0 before tax in the fortnight. Mary will receive a payslip that shows her earnings of $0 before tax AND a JobKeeper Top Up amount of $1,500.00 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Darren works 22 hours in the fortnight, earning $480.48 before tax for the fortnight. Darren will receive a payslip that shows his earnings of $480.48 before tax AND a JobKeeper Top Up amount of $1,019.52 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Sarah works 60 hours in the fortnight, earning $1,292.40 before tax for the fortnight. Sarah will receive a payslip that shows her earnings of $1,292.40 before tax AND a JobKeeper Top Up amount of $207.60 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Mark works 70 hours in the fortnight, earning $1,507.80 before tax for the fortnight. Mark will receive a payslip that shows his earnings of $1507.80 before tax. Mark will not receive the JobKeeper Top Up amount for this period, because his earnings are more than the minimum of $1,500 before tax.
The business is seeking your comments and concerns before it makes its final decisions. Please forward any comments or concerns to [name and contact details] by [time] [date – usually 2-3 days from the date of the Memo]
Again the business would like to thank you for your efforts in responding to this crisis. We will get through this together and will get back to normal as soon as possible.
Sample Directive to Reduce Hours
Dear [name]
Further to the consultation and memo of [date of consultation memo] this letter is a formal notification of a Directive, made as per the JobKeeper amendments to the Fair Work Act, temporarily to reduce your standard hours.
In response to the pressures of the COVID-19 pandemic the business has had to modify trading and as a result is in a position of needing to reduce staff hours.
DIRECTIVE
- This Directive is issued on [date of issue of the Directive Letter – this letter]
- This Directive is to reduce your hours to [number of hours] to be worked as per the attached roster. It is noted that this roster may change over time in the usual manner.
- This Directive is to be temporary.
- This Directive will apply from [date – at least 3 days from the date of the Directive letter] to 29/9/2020 unless removed earlier.
- This Directive will be regularly reviewed and will be removed in writing as soon as practical.
The impact of this Directive on you and your payment will be as follows;
- You will still receive full payment for all of the hours that you work
- You will receive a JobKeeper Top Up amount if the amount you earn is less than $1,500 before tax per fortnight. The amount of the JobKeeper Top Up amount that you receive will depend on the amount that you receive for working
- Your entitlements (like annual leave etc) will continue to accrue on the basis of your normal guaranteed or standard hours, even if your working hours are reduced to zero by this Directive.
For Example;
- Mary has had her hours reduced to zero, she is working 0 hours in the fortnight and earning $0 before tax in the fortnight. Mary will receive a payslip that shows her earnings of $0 before tax AND a JobKeeper Top Up amount of $1,500.00 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Darren works 22 hours in the fortnight, earning $480.48 before tax for the fortnight. Darren will receive a payslip that shows his earnings of $480.48 before tax AND a JobKeeper Top Up amount of $1,019.52 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Sarah works 60 hours in the fortnight, earning $1,292.40 before tax for the fortnight. Sarah will receive a payslip that shows her earnings of $1,292.40 before tax AND a JobKeeper Top Up amount of $207.60 before tax. These two elements (earning and Top Up) add up to the minimum $1,500 before tax.
- Mark works 70 hours in the fortnight, earning $1,507.80 before tax for the fortnight. Mark will receive a payslip that shows his earnings of $1507.80 before tax. Mark will not receive the JobKeeper Top Up amount for this period, because his earnings are more than the minimum of $1,500 before tax.
This can be a complicated and confusing program, so please let me know if you have any questions. Again the business would like to thank you for your efforts in responding to this crisis. We will get through this together and will get back to normal as soon as possible.
Kindest Regards
[name]
ACAPMA Consolidated COVID-19 Articles and Resources (updated daily)
EMPLOYMENT
OPERATIONS
BORDER CLOSURES
BUSINESS RELIEF MEASURES
HAVE QUESTIONS?
Email employment@acapma.com.au and we will get you answers and fold those answers into these consolidated articles
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Stay safe everyone – long distance hugs and high fives for you all!
E
Should you require any further information or assistance please do not hesitate to contact me.
Kindest Regards
Elisha Radwanowski