Legal Tips

The maximum hours under the National Employment Standards is 38 hours per week plus reasonable additional hours. Where agreed upon by the employer and employee, an annualised salary arrangement may be entered between the parties whereby the arrangement may incorporate the minimum wage, allowances, overtime and penalty rates and annual leave loading. It should be noted that the employee must be better off overall than they would have been under the Award. If you have any questions concerning annualised salary arrangements, contact CTI Lawyers on 1300 361 099 or email law.clerk@neca.asn.au. NECA members receive a free 20-minute phone consultation.

You can terminate an employee for serious misconduct where the employee has engaged in wilful/deliberate conduct causing serious and imminent risk to a person’s health and safety or the reputation, viability or profitability of the business. Employees can also be terminated for serious misconduct where they engage in theft, fraud, assault, or are intoxicated at work. If you have any questions concerning an employee’s behaviour or conduct, contact CTI Lawyers on 1300 361 099 or email law.clerk@neca.asn.au. NECA members receive a free 20-minute phone consultation.

If you are intending to make a payment claim, you must include a statement on all payment claims or invoices stating that the claim is made in accordance with the Building and Construction Industry (Security of Payment) Act 1999 (NSW). To ensure you have a valid payment claim for all works, contact CTI Lawyers on 1300 361 099 or email law.clerk@neca.asn.au. NECA members receive a free 20-minute phone consultation.

If so, your contract must include the relevant qualifying cause of delay. This may include events caused by or within the control of the principal such as variations or suspension of works, or events beyond the control of either party such as continuous inclement weather. If you would like to know your rights to an extension of time under your contract, Contact CTI Lawyers on 1300 361 099 or email law.clerk@neca.asn.au. NECA members receive a free 20-minute phone consultation.  

Examples include inclement weather, a failure to give possession to the site, delays caused by other contractors, and any pandemic. Check your contracts to see what qualifying cause of delay applies to your work.

An employee can be lawfully terminated for reasons in connection with their conduct or performance, or the operational requirements of the business such as redundancy.  

Are you aware of what grade of Electrical worker your employee falls under? An employee who has completed their apprenticeship and holds a valid licence is a Grade 5 Licensed Electrical worker.  

  Do you know that whilst on a period of probation, employees remain entitled to accrue and access their leave entitlements such as annual leave and personal/carer’s leave?  

  Good news for electrical contractors and residential builders in NSW! As of 1 March 2021, electrical contractors and residential builders can claim monies from an unpaying homeowner under the Security of Payment Act.  

  CTI Lawyers can assist you in various aspects of Security of Payment legislation; preparation of payment claims, payment schedules, Statutory Notices, Adjudication Applications and responses.  

From 20 November changes to overtime calculations for casual employees came into effect. Employees are now required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the employee is required to pay time and a half, double time and double time and a half on the rate that is inclusive of the casual loading. CTI Lawyers has made a summary of these changes here: https://ow.ly/4L2w50Cw3ca

RDO’s accrue during personal leave, annual leave, public holidays, long service leave, and workers compensation. However, when taking an RDO or on unpaid leave, they do not accrue. CTI Lawyers is currently working on a RDO and public holiday calendar for 2021. Keep an eye out through your emails and socials.

  Changes to overtime calculations for casual employees affective from 20 November, 2020 where employers are now required to apply the compounding approach when calculating the pay of their casual employees who work overtime. This means that the employee is required to pay time and a half, double time and double time and a half on the rate that is inclusive of the casual loading.

  Bullying and harassment in the workplace can pose a potential risk to the health and safety of the victim, often leaving the victim feeling shame and helplessness, loss of self-esteem, poor work performance and possibly stress, anxiety and depression. Employers have an obligation to treat bullying and harassment complaints very seriously and promptly. CTI Lawyers can assist as an independent investigator for any bullying complaints they receive and provide recommendations for the employer. CTI Lawyers are experienced in conducting these investigations in a quick, effective and cautious manners with minimal disruption to the workplace. Read more on how you can manage workplace bullying and harassment: https://ow.ly/SRYZ50BHkMi