Modern Award Audit

Modern Award Audit Package (fixed fee) = $2000.00 plus GST

Contact us now on (02) 9222 1691 or enquiries@salaw.com.au to book in your Modern Award Audit or ask any questions.

Stevens & Associates Lawyers now offers clients a Modern Award Audit Package designed to help employers review their company compliance obligations as set out in the Fair Work Act 2009 (Cth), Fair Work Regulations 2009, associated Acts and Regulations, and relevant Modern Awards and/or Industrial Instruments.

This Audit Package is designed to give employers the ‘peace of mind’ to ensure they are correctly paying their employees’ wages and entitlements.

Audit Procedure

As part of the Modern Award Audit, our firm will conduct a comprehensive review of your Company’s current practices and compliance with applicable Modern Award/s, prepare a schedule listing your obligations under the relevant modern award applicable to your workforce, and flag any areas of concern where necessary (the Audit Schedule). The Audit Schedule will include a detailed breakdown of your obligations with respect to the following areas (although, this is not an exhaustive list):

  • Minimum rates of pay;
  • Overtime;
  • Penalty rates;
  • Loadings;
  • Annual Leave;
  • Other Leave Entitlements i.e. parental, compassionate, personal, community service leave;
  • Allowances;
  • Consultation;
  • Record Keeping obligations;
  • Break Arrangements.

As part of the Audit, Stevens & Associates Lawyers will assist you with the following:

  • Conducting a comprehensive initial audit of the Modern Award/s applicable to your employees and conduct ongoing checks as instructed;
  • Assisting you with avoiding, minimising, or limiting the effect of potential wage underpayment issues;
  • Completing an additional review your obligations pursuant to the National Employment Standards, if so instructed;
  • Providing you with a sound understanding of what you should be paying your employees depending on your obligations under the Modern Award/s applicable to your employees;
  • Updating or amending your policies and procedures to ensure they adhere to applicable Modern Award/s following our Audit;
  • Reviewing relevant changes to award conditions and minimum rates of pay, and advising you of your obligations in light of these changes;
  • Observing your obligations with respect to allowances, overtime, and other entitlements, and advising on any non-compliance issues that may arise during the Audit; and
  • Explaining in plain English what your consultation requirements are under the applicable Modern Award.

FAQs

What do Modern Awards provide?

Modern Awards contain all the minimum terms and conditions of employment to be afforded to all national systems employees, in addition to the national employment standards under the Fair Work Act 2009 (Cth).

Sounds great, but what will the Modern Award Audit involve?

As part of the Audit process you can expect our firm to review your company/business’ activity and provide your with a rundown of what you are doing right or wrong and whether there is any identifiable non-compliance with applicable Modern Award/s.

What do you need from me to get the ball rolling?

To analyse your company/business’ activities, we will require any and/or all documents such as payroll documents (i.e. pay slips), letters of appointment, employment contracts, rosters of your employees, and current policies and procedures.

After you conduct your Audit, what will you send me?

Following our review of any requested documents by our firm, and analysis of the same, we will finalise a report indicating areas requiring improvement, particularly with respect to wages and/or potential underpayment of wages.

Why is the Audit important?

If any of your employees are award covered, then you as an employer must give your employees at least the minimum pay and entitlements as stated under any relevant award for the:

  • duties they perform;
  • depending on the level employees are classified (subject to qualifications and/or experience);
  • for the hours that they work; and
  • when they work them.

As you may be aware, the Fair Work Act 2009 (Cth) contains the minimum standards that apply to all employees that employers must ensure are available to them. Certain industries and employees may be covered by a Modern Award (or your company/business may have a registered agreement, in which circumstances a modern award does not apply). In light of serious wage underpayment cases that have emerged recently, involving employers such as Woolworths, CBA, Bunnings, and more, all employers of employees that are covered by awards should be reviewing their employees’ rates of pay, and modern award obligations, to ensure that employees are being paid at least the minimum required to be paid under the relevant award. To sum it up, our Audit will give you the ‘peace of mind’ knowing that you are compliant with your obligations under the Fair Work Act 2009 (Cth).

What if I have some employees covered by one Modern Award and other employees covered by another Modern Award?

Leave the technical analysis to us! As it is possible for your employees to be covered by multiple awards, we believe it is prudent that the Audit is conducted by way of a ‘duties-based’ approach to ensure employees are classified correctly and receive minimum rates of pay and entitlements owed to them depending on the specific duties they perform for your business/company. For example, a plumbing company may employ both plumbers and office administrators, however such employees will fall under 2 separate awards. Accordingly, if employees are incorrectly grouped together under the one award and paid under the same award, this may give rise to an underpayment offence under the Fair Work Act 2009 (Cth).

What if Modern Awards change and what should I do?

Modern awards change regularly, so you must stay up to date with the latest changes to remain compliant.  With awards being reviewed and potentially amended every four years, it is critical that you monitor and review your employment practices continually to ensure they are compliant with current modern awards.

Stevens & Associates Lawyers provides modern award audits and high level wage remuneration advice for organisations of any size and small business employers. If you would like any further information please contact us directly on (02) 9222 1691 or email us at enquiries@salaw.com.au and we will happily guide you through the packages we offer.