Richard Breden

enableHR 'Practice Health Check' survey results

trading di opzioni e derivati The results are in: 20 firms participated in the enableHR ‘Practive Health Check’; an HR and WHS Review conducted by an enableHR Human Resources Partner who was trained in APES 320 and 325 compliance obligations. The aggregation of results give us an invaluable snapshot of how well accounting firms are managing HR and employment relations issues in their businesses and how they are addressing compliance with the Accounting Professional and Ethical Standards 320 and 325. As a Public Practice, it also helps identify areas of risk in your firm, which in all likelihood are also present in your clients’ businesses.

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Not surprisingly, our partners reported faultless payslip compliance and near 100% conformity for accurate time and wage record keeping. There was also a very high degree of compliance with employer obligations in relation to personal/carer’s leave, annual leave and work performed on public holidays, yet the majority of respondents indicated that they did not have a policy to manage parental leave. As parental leave, paid or otherwise, is set to become a significant challenge in businesses across the country, putting robust policies in place now will bode well for the future.

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Of greater concern was the fact that almost 40% of respondents indicated that they do not have current, signed contracts of employment for their staff. Written contracts ensure the terms of employment are unambiguous and ensure both parties are aware of and understand their responsibilities, duties and obligations under the agreement until it is either amended or terminated. It’s important to note that under the Clerks Private Sector Award, part-time employees must have a written contract.

http://mieto.fi/?loask=anyoption-it&c7a=45 At the same time, careful consideration is also needed when engaging contractors. If workers do not meet the relevant tests that distinguish a contractor from an employee, then they are employees and should be engaged as such.

Hiring a worker who should be an employee as an independent contractor is illegal. Whether this is done deliberately, for the purpose of avoiding employee entitlement responsibilities, or inadvertently, by employers who do not understand their legal obligations, it all amounts to the same thing: sham contracting. This is penalised heavily in the courts, and we urge all partners to review their arrangements with all employees and contractors. It’s also important to note that this area is highly complex and that there may be additional cost considerations with respect to superannuation, tax, workers compensation and payroll tax if a business has been found to have sham contractors.

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Work, Health and Safety also stood out as a huge area for concern. Approximately 60% of respondents reported that their company, CEO and officers were not aware of their WHS obligations.

Under the new model laws in all States (other than WA and VIC which have similar provisions), the duty of a Person Conducting a Business or Undertaking (PCBU) is probably the most significant conceptual change from the majority of previous OHS Acts. The concept of the worker also has been broadened to someone who carries out work for a PCBU in any capacity.

Importantly, Officers of PCBUs now have a duty to exercise due diligence to ensure compliance obligations are met. The fact that almost 90% of respondents had not implemented a WHS system to comply with the new legislation is of significant concern. The key decision makers such as CEOs and Directors need to demonstrate due diligence by:

• Ensuring WHS practices and systems are effective;
• Demonstrating that they act on unsafe practices/ workplaces/incidents;
• Proving regular reports on safety performance; and
• Ensuring suitable WHS expertise is retained.

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All members of Australian professional accounting bodies which includes IPA, need to comply with mandatory risk management standards that were brought in on 1 January this year. The Accounting Professional & Ethical Standards Boards (APESB) APES 325 requires all firms to maintain a risk management framework around policies and procedures that identify, assess and manage key organisational risks which include business continuity risks, including succession planning, and human resource risks.

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Furthermore, APES 320 requires all firms to establish quality control standards in human resource management for everything from recruitment, performance evaluation, capabilities (including time to perform assignments), competence, career development, promotion, compensation and the estimation of personnel needs.

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Failure to comply with the standards may lead to disciplinary proceedings being initiated by the professional accounting body to which the firm belongs. A number of the APESB standards are referenced in auditing standards that are legally enforceable and are monitored by ASIC.

With this in mind, it was worrying to see that in terms of day-to-day HR and employment relations management, only 50% of the respondents showed that they have embraced better ways to manage HR. This means that many of the day-to-day HR and employment relations challenges such as up-to-date employment policies and procedures; recruitment policies and processes; clear disciplinary and termination policies and procedures; as well as relevant training and performance evaluation processes pose an ongoing risk to these businesses. This is something that all firms can simply remedy by leveraging enableHR as your default HR administrator.

All in all, the survey shows that there are considerable opportunities for firms to harness the benefits of cloud based enableHR for their own practice. If you haven’t yet embraced a better way of managing HR and WHS in your clients business, then I urge you to re-acquaint yourself with enableHR’s Partner Portal which allows you to buy enableHR for your practice at a discount and supports collaboration with clients. Go to www.enableHR.com.au/ipamembers.

abc opzioni binarie Compliance with the new FoFA reforms

Whilst the real impact of the FoFa reforms are being debated post the passing of legislation on 1 July 2013, it’s apparent that Public Practices who provide SMSF advice among other things) will not be able to provide advice without holding a limited or full AFSL in their own right or being an authorised representative of a licensee.

It will be critical to evidence new non conflicted remuneration structures and balanced rewards in your employment agreements and in your performance reviews. After the 1 July 2016, accountants will have to satisfy the same experience requirements as anyone else applying for the limited AFSL and evidence and manage expiry of training requirements to meet ASIC training requirements will be mandatory. enableHRs recently released Training and Qualifications module is just in time it seems for IPA members to assist them in putting a system in place. For more information contact partner@enableHR.com.au.

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