Bookkeeping & Payroll Services for Small Businesses

  Australia’s largest car dealership business, Eagers Automotive Limited (EAL), has back-paid over $16 million, including interest and superannuation, to staff underpaid by five of its subsidiaries. These subsidiaries have also signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. EAL, formerly known as AP Eagers, is an Australian public company operating automotive dealerships across all Australian states and territories, and in New Zealand. The five subsidiaries involved in the EU were acquired in 2019. The underpaid employees were primarily based in Newcastle, Sydney, Brisbane, Melbourne, and Perth. EAL’s dealerships sell nearly all major vehicle brands, including Toyota, Ford, Mercedes-Benz, Kia, Volkswagen, and Hyundai. In 2019, AP Eagers acquired Automotive Holdings Group Limited (AHG), the holding company for 19 businesses. This acquisition made EAL Australia’s largest car dealership business, with an annual revenue of $9.85 billion. EAL self-reported ...

 

  The Federal Court of Australia recently ruled on a case involving an employer’s failure to pay a worker’s accrued annual leave entitlements upon termination, underscoring the importance of compliance with the Fair Work Act 2009 (Cth) and the severe repercussions of non-compliance. Case Background The case focused on the worker’s claims that the employer had dismissed him for exercising his “workplace rights,” imposed unreasonable working hours, and failed to pay his accrued entitlements upon termination. The court found the employer in breach of section 90(2) of the Fair Work Act for not paying the worker the amount equivalent to his accrued but untaken annual leave when his employment ended on December 9, 2021. The owed amount of $8,022.82 was paid only on March 30, 2022, nearly three months after the termination. Seriousness of Breaching the NES The court emphasized the seriousness of breaching the National Employment Standards (NES), stating that “any breach of the NES...

  The Federal Court of Australia (FCA) has imposed record penalties of $10.34 million against two related entities for multiple violations of the Fair Work Act 2009 (FW Act), resulting in significant underpayments. The Fair Work Ombudsman (FWO) initiated legal action against the Commonwealth Bank of Australia (CBA) and its subsidiary, Commonwealth Securities Limited (CommSec), following their voluntary disclosure of underpaid entitlements to approximately 7,400 employees between October 2015 and January 2021. In the case Fair Work Ombudsman v Commonwealth Bank of Australia [2024] FCA 81, the FCA determined penalties for the following admitted violations: The Better Off Overall Test (BOOT) The enterprise agreements required CBA and CommSec to conduct BOOT assessments to ensure employees were better off overall. This involved: – Comparing entitlements under the enterprise agreement with those under the relevant modern award at the end of each “relevant period” and making to...

  As the 2024 fringe benefits tax (FBT) period approaches, it’s essential to note key dates and obligations. Employers who have provided fringe benefits to their employees or their associates between April 1, 2023, and March 31, 2024, are required to lodge and pay their 2024 FBT returns promptly.  Notable dates to remember include: The conclusion of the 2024 FBT year on March 31, 2024. The deadline for lodging FBT returns and settling any outstanding liabilities to avoid penalties and interest is May 21. For electronic lodgments through tax practitioners, the due date for lodging and payment is June 25. Employers new to lodging with a tax practitioner must ensure inclusion on their FBT client list by May 21 to be eligible for the June lodgment and payment timeline. Even if no FBT return is necessary, registered employers must inform the Australian Taxation crucial, the ATO recognizes exceptional circumstances and encourages proactive communication for those experie...