There’s no question that Fair Work has taken a strict approach to companies that fail to meet compliance obligations and continue to under-compensate their employees.
They have no problem naming and shaming companies that have breached their payroll compliance regulations. Take Woolworths, for example. They were recently exposed for major underpayments of salaried managers.
And they’re not alone. There is a myriad of companies that continue to (intentionally and unintentionally) violate payroll compliance, including cafes, hairdressers and disability services providers.
The Fair Work website has a long list of media releases that are specifically aimed at naming and shaming employers who fail to meet their employer obligations and comply with payroll legislation.
So, how do you know you’re 100% compliant?
Well, the first place to start is a payroll audit.
The Fair Work Commission has found that wage theft (or wage underpayments) is a direct result of failing to conduct annual audits to ensure that their staff, including annualised staff, are being compensated correctly.
Australia has one of the most complex workplace laws in the world. So, there’s no doubt that interpretation of the jargon-heavy Modern Awards has become a tricky, time-consuming task for many employers.
Suppose you’re feeling concerned that you may not have interpreted your industry’s Modern Award correctly, or you just want to make sure you’re not in breach of your obligations. In that case, you may want to consider undertaking a payroll audit before the Fair Work Commission comes knocking on your door.
Pre-emptive payroll audit procedures generally involve assessing and analysing your payroll process. The payroll audit typically includes:
If you are currently manually interpreting your Modern Award pay conditions, you may want to consider engaging the services of a third-party organisation that specialises in conducting payroll audits.
If the Fair Work Ombudsman has already approached your organisation, and you have entered into an agreement for an Enforceable Undertaking. In that case, the agreement likely mandates regular payroll audits by a third party.
Before diving into your employee records, it’ll help to have a foundational understanding of the applicable Modern Award, or Enterprise Agreement is:
If you answered no to any of the above questions, you’d need to do some homework before proceeding to the next step.
Interpreting the Modern Awards can get quite complex. So Pay Cat has drafted several eBooks for various Modern Awards that aim to simplify the interpretation process.
Now that you know which Modern Award is applicable, you can compare your current pay rates in relation to the updated pay conditions and your employee’s time and attendance records:
This step of the payroll audit is especially important for annualised salary staff.
One of the most significant concerns was that some employers did not ensure the annual salary was high enough to cover all the entitlements and their annualised salary arrangement was placing employees at a disadvantage.
The new annualised salary changes introduce various processes that employers must follow to ensure that their annualised salary arrangement doesn’t disadvantage their employees.
Make sure to check out our annualised salary guide on how to navigate these changes.
There is a common misconception that payroll compliance simply involves making sure that you are paying your staff enough for each pay run.
However, payroll compliance goes beyond that and includes meeting your payroll tax obligations and performing all your superannuation contributions.
We recommend working closely with your accountant or payroll manager to ensure that you haven’t failed to register for payroll tax.
For more information, make sure to check out our guide to payroll taxes, where we break down everything you need to know about your tax obligations.
Many business owners don’t realise that they are required to keep time and attendance and pay records of employees for a minimum of seven years, including:
If your business is subject to payroll auditing, these records must be readily accessible to a Fair Work Inspector.
So, during the audit process, make sure that you have all your records organised and easily accessible.
If during the payroll audit, you identified discrepancies in your reporting obligations and your pay runs, it’s important to remedy them immediately to prevent further non-compliance.
This may involve:
Take the payroll audit process, for example. Without all your information stored in a centralised system, you’ll have to leverage several resources and staff to complete the process. And even then, there is no guarantee that you’ll be 100% compliant at the end of your payroll audit.
Implementing an automated cloud payroll system, such as Employment Hero Payroll, will not only guarantee accuracy in the application of Modern Awards and NES conditions but also create a far more streamlined method of processing payroll to improve efficiency and workforce management.
To further streamline your payroll and rostering process, Pay Cat strongly recommends using an integrated cloud payroll and time and attendance software, which can help mitigate labour budget blowouts and manage attendance in real-time.
As the Fair Work Commission continues to renew its focus on ensuring employers comply with minimum employment conditions and entitlements combined with a more informed workforce, businesses are extremely vulnerable to regulatory breaches and subsequent penalties.
Conducting a payroll audit could be your answer to identifying these possible breaches so that you can remedy them accordingly. To help you navigate your next payroll audit, we've put together this checklist.
We often encounter businesses navigating these complex payroll conditions using manual payroll processing and a “hope” strategy that they might pass with flying colours in the event of an audit.
But that is not enough to guarantee compliance.
By adopting automated cloud payroll software in conjunction with time and attendance software, you can mitigate any non-compliance risk factors of paper timesheets and improve the productivity of the entire business' payroll process.
Pay Cat are payroll professionals and leading experts in Australian payroll compliance. As experts in payroll solutions, we have decades of experience helping Australian businesses shift from inefficient payroll processes to a more streamlined and automated solution.
The Pay Cat team will help your business to implement Employment Hero's Payroll system.
Here’s how Employment Hero Payroll works:
If you’re interested in moving from a manual payroll system to Employment Hero Payroll, get in touch with us today for a free demo.