Trading or financial activities can include selling goods or services such as merchandise , or fundraising. Trading activities can also include receiving money from grants or other funding, where the grant or funding has a commercial nature. A foreign corporation, meaning a body incorporated outside of Australia, is also a constitutional corporation.
Determining whether your organisation is a constitutional corporation or not can be a complex process. If you are not sure whether your organisation is a constitutional corporation, you should get legal advice. The Fair Work Ombudsman may be able to help Western Australian not-for-profit organisations work out whether they are a constitutional corporation and covered by the Fair Work Act and other federal laws. If a Western Australian not-for-profit organisation is not a constitutional corporation, it will be covered by the Western Australian industrial relations system.
Legal duties for board and committee members. Choosing the right legal structure is the most important legal decision your group will make when starting out. Volunteers and not-for-profits have rights and obligations that apply to the volunteering relationship. In Australia there are different laws in different states, as well as Commonwealth laws that apply in all states.
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While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. However, some States do have laws under which such claims sometimes including fringe benefits may be filed. Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.
The above matters are for agreement between the employer and the employees or their authorized representatives. All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA.
A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and —. Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production.
Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce.
Domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered if:. The employer who elects to use the tip credit provision must inform the employee in advance and must be able to show that the employee receives at least the applicable minimum wage see above when direct wages and the tip credit allowance are combined.
Also, employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry where safety and health hazards are not involved. If you have questions on whether a certain type of work is restricted, or who is eligible for a homework certificate, or how to obtain a certificate, you may contact the local WHD office.
The FLSA provides for the employment of certain individuals at wage rates below the statutory minimum. Such individuals include student-learners vocational education students , as well as full-time students in retail or service establishments, agriculture, or institutions of higher education.
Also included are individuals whose earning or productive capacity is impaired by a physical or mental disability, including those related to age or injury, for the work to be performed.
Employment at less than the minimum wage is authorized to prevent curtailment of opportunities for employment. Such employment is permitted only under certificates issued by WHD. Employers are prohi-bited from taking any action to displace employees in order to hire employees at the youth minimum wage. Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions.
Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from local WHD offices. Check out our Beta site to see a sample and provide feedback. Fair Work Commission Australia's national workplace relations tribunal.
Menu is closed. Search Search our website. Search documents. Search our website. Enter your search term. Home Unfair dismissals benchbook Coverage for unfair dismissal. Back to top. High income threshold. Print this page. Table of contents On this page Introduction What are earnings?
Case examples References. Introduction Contains issues that may form the basis of a jurisdictional issue. What are earnings?
See Fair Work Act s. Non-monetary benefits are benefits other than an entitlement to a payment of money: to which the employee is entitled in return for working, and for which a reasonable money value has been agreed by the employee and the employer.
Per diem means 'by the day' — a sum of money paid to an employee every day, such as a meal allowance or accommodation allowance. Case examples Earnings. Updated time Last updated 01 July Page feedback Did you find what you were looking for?
Leave this field blank. Mini sites Annual Report —14 Reader's guide 1. Overview President's introduction General Manager's overview Performance summary Major achievements —14 2. Performance reporting Overview Legislative amendments Workload Timeliness benchmarks Resolving disputes Determining unfair dismissal applications Setting the minimum wage In focus—Pay Equity Unit Orders relating to industrial action Case study—Emergency Services Telecommunications Authority Case study—Sydney Water Processes relating to modern awards In focus—4 yearly review of awards Approving agreements Case study—Catholic Education Victoria Case study—Orora Fibre Packaging Regulating registered organisations Determining anti-bullying applications In focus—Setting up the anti-bullying jurisdiction Case study—Anti-bullying Key performance indicators 4.
Management and accountability Corporate governance Planning and development Ethical standards Accountability Our workforce Employee pay and entitlements Service Charter, complaints and Code of Conduct Financial management 5. A guarantee for a shorter period may apply in the case of a short-term, fixed-term contract or a particular type of work on a short-term basis. A guarantee does not apply to employees to whom an enterprise agreement applies.
The employer and employee must reach agreement about the undertaking before it commences operation. A guarantee may be given as a condition of accepting employment but an employer must not apply pressure to an employee in connection with the offer or acceptance of a guarantee of annual earnings. A guarantee can be given in respect of prospective employees. The Fair Work Commission was previously able to review modern awards every four years to maintain a relevant and fair minimum safety net and make sure it continued to meet the needs of the community.
However, from 1 January the sections of the Fair Work Act Cth that covered the 4 yearly review process were repealed by an amending Act. An review of modern awards took place in , two years after modern awards commenced. This review examined whether modern awards:. The first regular review took place in , four years after modern awards commenced on 1 January Fair Work Australia was able to vary, make or revoke modern awards during this process.
Each award was subject to review. In limited circumstances, the Fair Work Commission has the power to vary, make or revoke modern awards outside the system of four yearly reviews for example, if it is satisfied that to do so is necessary to achieve the objectives of modern awards or to remove ambiguity, uncertainty or discriminatory terms [s ].
The main power to vary modern award minimum wages is in annual wage reviews. Otherwise, the Fair Work Commission may only vary modern award minimum wages in a four yearly review or outside a four year review where the variation is necessary to achieve the modern awards objective if the variation is justified for work value reasons, or to update or omit a name of an employer or organisation etc, or to remove or correct an error or uncertainty, or to remove a clause that would be unlawful under discrimination laws [ss , , see also ss ].
An application was able to be made to the Fair Work Commission for a modern enterprise award between 1 July and 31 December After that time period no new modern enterprise awards were able to be made.
If an application to modernise an enterprise award was not received by the Fair Work Commission by 31 December that instrument ceased to operate, and the applicable modern award would then apply.
The 11 National Employment Standards applies to all employees—whether they are covered by an award or not. Modern awards apply to most, but not all employees. The Minimum Wage Panel makes a national minimum wage order for employees who are not covered by a modern award. The order includes a national minimum wage and special national minimum wages for junior employees, employees to whom training arrangements apply and employees with a disability.
It also includes a set safety net casual loading for casual employees who are not covered by either an award or an agreement. Further information about the Minimum wage panel and the current national minimum wage is available on Fair Work Commission's website.
Workplace rights can be broadly described as employment entitlements and the freedom to exercise and enforce those entitlements. The Fair Work Act Cth sets out the following categories of workplace rights:.
The workplace rights protections prohibit taking adverse action against a person because they have a workplace right or because they do or do not exercise their workplace right. The general protections provisions protect people from adverse action. This is a key definition that intersects with a number of the protections.
What constitutes adverse action in a particular case depends on the nature of the relationship between the relevant persons. For example, adverse action taken by an employer against an employee includes dismissal, discrimination, refusing to employ a person, or prejudicially altering the position of the person. The definition covers certain conduct of employers, employees, industrial associations, independent contractors and principals.
It also extends to protect prospective employees from adverse action in certain circumstances [s ]. The protections prevent adverse action being taken against a person in connection with these industrial activities. The protections also prohibit incentives in relation to a decision to become or not become a member of an industrial association [s ].
Coercion, misrepresentation and undue influence or pressure. Coercion and misrepresentation in relation to workplace rights and industrial activities is also prohibited. For example:. The general protections prohibit all adverse action victimisation, refusing to employ, etc. The unlawful termination protections for discriminatory reasons e. The general protections also prohibit a person from discriminating against an employer for reasons including, that employees of the employer are covered, or are not covered, by a particular type of workplace instrument for example, coverage by a modern award instead of an enterprise agreement.
In addition, there are also protections to prohibit coercion of a person to make or not make certain employment or management decisions for example, to allocate particular duties to a particular employee. A employer is further prohibited from taking adverse action against a casual employee for making a request for casual conversion a National Employment Standard under Division 4A of the Fair Work Act Cth.
There are also protections against sham contracting which relate to circumstances where employers try to disguise genuine employment arrangements as independent contracting arrangements [ss ]. To see if you should be an independent contractor or employee, see the Fair Work Ombudsman's website: www.
Where a person alleges a contravention of the general protections, the Fair Work Commission is able to hold a conference to attempt to resolve the matter. In cases involving dismissal, the conference is mandatory.
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