JobKeeper, Government Grants, Fair Work
Just a wee update on where we’re at
1. Jobkeeper payments
If you have enrolled & reported, you should (or will very soon will) see payments hitting your bank account.
If you are yet to see this - it might be that you haven't completed all the required steps.
Still yet to complete your Jobkeeper monthly report?
After all the hours of pouring over Treasury legislation, ATO guidance notes, webinars that we have watched, run & the countless conversations over the topic with other professionals, we are in a pretty darn good position to help.
We understand that you might prefer to avoid costs and manage yourself - no offence taken.
If you do want us to get involved, we have worked out 2 ways that could help:
One off advice to set your on your way
Cloudhouse to manage lodgments ongoing
2. The Victorian Business Support Fund Grant has been extended
You might have not applied or perhaps you were knocked back due to being in the wrong industry. The gate has been widened, and you can now apply (and receive payment) if:
You run a business in Victoria
You pay wages to employees (but less than $650,000)
You are registered for Jobkeeper
Apply here & have your lodgment receipt from Jobkeeper handy.
3. The NSW Business Grant
Applications close 01 June 2020 and you can now apply (and receive payment) if:
You run a business in NSW
You were registered with an ABN as at 1 March 2020
Have an annual turnover of more than $75,000 (a Business Activity Statement must be provided as evidence)
Have between 1-19 employees
You pay wages to employees (but less than $900,000)
have been highly impacted by Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 effective on 31 March 2020
have experienced at least 75% decline in turnover compared to the same two-week period in 2019, as a result of COVID-19 (for businesses that have been in operation for less than 12 months, refer to the guidelines)
Click here & have your Jobkeeper and other documentation handy.
4. JobKeeper and Dismissal
I had an interesting conversation with a lovely client today so I have included some resources for further information.
Amendments
In short, the Fair Work Act has been amended to enable employers to direct employees to:
– reduce hours;
– change duties; or
– change locations.
An employee must consider the request and must not unreasonably refuse it.
All directions regarding those changed must be in writing, a minimum of $1,500 must be paid (“wage condition”) and an employees hourly rate cannot be reduced (“minimum payment guarantee”).
All other laws still apply including those around dismissal.
Dismissal
Valid reasons for dismissal including:
– conduct;
– capacity;
– performance; and
– redundancy.
With the exception of redundancy, it is clear that employees cannot be dismissed if they have been given a full stand-down direction.
Dismissal due to conduct and performance is relatively straight forward; where the line becomes blurred is around capacity. This is where the majority of confusion appears to be arising.
Capacity refers to an employee’s ability to do the job required by their employer and the work they are employed to do, that is, the ‘inherent requirements’ of their position of employment. If an employee is unable or unwilling to perform the inherent requirements of their role then that may be a valid reason to terminate their employment.
Should an employee want to stay home because they have a reasonable concern about an imminent risk to their health or safety, they either need to come to an arrangement with their employer (including leave) or provide evidence (including in the form of a medical certificate) as to why they shouldn’t be present at their workplace. Should neither of these occur, and work still be available, this may be a valid reason to terminate their employment.
During this period, ensure ALL requests are well documented and that you assess the Health & Safety In The Workplace During Coronavirus requirements contained at Fair Work before commencing dismissal proceedings. Click here
See the Small Business Fair Dismissal Code for businesses employing less than 15 people.
For those employing more than 15 people, we suggest seeking independent advice from an HR professional or related advisor.
It’s important to consider where all of your employees stand as JobKeeper payments begin, and some workplaces resume operating.
Post Covid-19
Is your workplace prepared for the welcoming party - A look at what the new Safe Work guidelines are for running your workplace. Their Covid-19 resource Kit is also pretty useful.
Your business
Over the past 2 months you have probably learned a bunch of skills that you never had before such as:
How to build a cashflow and workshop scenarios
Negotiating rental agreements
Putting appropriate HR policies in place for your employees
How to lay bright red tape on the floor with big "X" to let people know where to "socially distance" themselves
What have you learned about your business?
Many clients we have spoken with have had a bit of a wake up moment. This business you have - It Is Yours - and that means it should be running for your ultimate benefit.
A lot of people have realised that they might have been a bit lax when it came to:
Spending habits
Understanding what it take to run a successful business
Defining their purpose in business - and how it provides for their personal goals
If you’d like to explore this further, book in a one on one session.
And that’s all. We love hearing your wins, and watching the innovation happening in businesses, so keep the emails flowing in.
Thank you and good night!