COVID-19 Leave, Testing & Isolation Requirements

Posted on 22 February 2022 | by Allan Hall

COVID-19 Guide to Leave, Testing and Isolation Requirements

Navigating changes in employment legislation related to Covid-19 has been difficult for many business owners across Australia.

As COVID-19 hospitalisation/ ICU numbers decrease and vaccination numbers increase, the NSW Government is committed to easing restrictions, including no longer needing to wear masks in offices from Friday 25 February 2022. Although testing and isolation requirements have been in place across each State for some time now, with many employees returning to work in communal office environments in NSW it will remain important for employers to have access to up-to-date Covid-19 related processes and leave options.

The below information provides a guide regarding leave, testing and isolation requirements to support you in managing your employees. For assistance in resolving employee-related queries or situations which are not covered below, please get in touch with our HR Consultants for support on 1300 675 393 or at [email protected].

Illness

Employees should stay home if they have cold symptoms, such as coughing/fever/sore throat/shortness of breath/loss of taste or smell or other symptoms of COVID‑19.

If employees develop symptoms while at work, they should be directed to:

separate themselves from other employees;
notify their manager; and
make arrangements to go home immediately.

If employees are unfit for work due to symptoms, they can access their Personal (Sick/Carer’s) Leave. If the symptoms are mild, employees may request to continue working from home and this may or may not be suitable depending on their position and specific situation.

Close contact of COVID-19 positive

If your employee is notified that they are a close contact of a person with COVID-19, advise them to separate themself from other employees, notify their manager and make arrangements to go home immediately. You can advise them to follow the Testing and Isolation Rules that apply in your state as per the table below.

Confirmed Case of COVID-19

If an employee tests positive for COVID-19 they should self-isolate immediately and notify their manager. You can advise them to follow the Testing and Isolation Rules that apply in your state as per the table below.

Employees should follow all medical advice to recover from their infection as soon as possible. Employers must take the necessary steps to determine possible exposure to COVID-19 by colleagues in the workplace and undertake appropriate sanitisation and quarantine if necessary. Employees may return to the office only in accordance with advice from the relevant health authorities in each State or Territory.

If an employee has contracted the virus (or has caring responsibilities for someone who has contracted the virus) and has consequently fallen ill, they will be entitled to Personal (Sick/Carer’s) Leave. An employer’s standard Notice and Evidence requirements will apply.

Quarantining or Self-Isolating

Employees may be required to quarantine or self-isolate, and consequently not be able to work, for a number of different reasons, including but not limited to:

contracting the COVID-19 virus;
an enforceable government direction;
a government-imposed travel restriction; or
a lawful and reasonable direction made by the employer to get tested which has led to a quarantine/self-isolation period.

Payment during Self-Isolation Period:

If an employee is unwell and unfit to work (or caring for a family or household member who is unwell) during the quarantine/self-isolation period they will be eligible for paid personal (sick/carer’s) leave (full-time/part-time employee) or unpaid personal (sick/carer’s) leave (casual employee)
If an employee is fit to work and has the capacity to continue to work during their quarantine or self-isolation period (which will be dependent on their role and eligibility to work from home), they will continue to be paid for the work they are doing.
If an employee is fit and able to work, however cannot continue to safely perform work whilst quarantining at home, they may have other paid or unpaid leave options or other flexible work arrangements available to them, including:
- access to untaken paid Annual Leave entitlements
- access to paid Long Service Leave entitlements (as applicable)
- access to Unpaid Pandemic Leave for up to 2 weeks (this entitlement is only available to certain award covered employees – see below for further information)
- access to Leave Without Pay
- access to Pandemic Leave Disaster Payment through the Government for eligible employees (see below for further information)
- other flexible work arrangements, such as an agreement to work to make up time upon conclusion of the isolation period

Unpaid Pandemic Leave – Award covered employees

Most Awards have been temporarily amended to give employees access to Unpaid Pandemic Leave. Two weeks of unpaid pandemic leave is available to all employees (including casuals). The employee will not receive payment, however, any time taken under this leave type will count as service and the employee will continue to accrue paid leave entitlements as if they were working.

Note: Unpaid Pandemic Leave does not apply to non-award covered employees.

Pandemic Leave Disaster Payment:

If any employee cannot work and earn an income, has no sick leave entitlements and has been directed to self-isolate or quarantine or needs to care for someone who needs to self-isolate or quarantine they may be eligible for the government funded Pandemic Leave Disaster Payment. There are eligibility criteria for the lump sum payment. Further details can be found here: https://www.servicesaustralia.gov.au/pandemic-leave-disaster-payment

State and Territory Testing and Isolation Rules

NSW / ACT / VIC / QLD: The Eastern States of Australia reached agreement on 5 January 2021 on COVID-19 Test & Isolate National Protocols which can be found here: https://www.health.gov.au/news/updated-covid-19-test-and-isolate-national-protocols
WA: Testing https://www.healthywa.wa.gov.au/Articles/A_E/Coronavirus/COVID19-testing
- Isolation https://www.healthywa.wa.gov.au/Articles/A_E/Coronavirus/Quarantine-and-isolation
SA: Testing and isolation https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/infectious+diseases/covid-19/testing+and+tracing/test%2c+trace%2c+isolate+and+quarantine
NT: Testing https://coronavirus.nt.gov.au/stay-safe/symptoms-testing
- Isolation https://coronavirus.nt.gov.au/stay-safe/covid-19-positive
TAS: Isolation https://www.coronavirus.tas.gov.au/travellers-and-visitors/quarantine-and-isolation-directions/isolation
- Testing https://www.coronavirus.tas.gov.au/keeping-yourself-safe/contact-tracing/types-of-contacts

Our experienced HR Consultants are available to support you with any employee-related questions. Please get in touch with us today on 1300 675 393 or at [email protected].

NSW COVID business support package released

Posted on 31 January 2022 | by Allan Hall

NSW Government announces $1bn support package for struggling NSW small businesses.

Targeted package provides support for businesses that experienced cash flow issues and the immediate economic impacts of the Omicron outbreak.

Key points:

Business support to help reimburse the cost of rapid antigen tests
Extension of the Commercial Landlord Hardship Grant
Additional funding for the performing arts sector.

Businesses, workers and the performing arts across NSW are all set to benefit from a major financial support package of more than $1 billion to help those that have been hardest hit by the Omicron wave.

The package includes financial support for small business to buy rapid antigen tests (RATs) to help keep employees safer and a new Small Business Support Program to assist businesses to help keep workers employed.

Whilst COVID-19 case numbers are now declining, the NSW Government is determined to support businesses that have been most affected during the Omicron wave of the pandemic.

Small Business Support Program

Employing businesses with an annual turnover of between $75,000 and $50 million, who have experienced a decline in turnover of at least 40%, will receive a lump sum payment covering up to 20% of weekly payroll, up to a maximum of $5,000 per week for the month of February 2022. The minimum weekly payment for employers will be $750 per week.

Eligible non-employing businesses will receive $500 per week (paid as a lump sum of $2,000).

The support package only covers the month of February 2022. Applications for support are expected to open mid-February and we are awaiting further details to be provided by Service NSW.

NSW fees and charges rebate increased and extended to RAT tests

In addition, the existing Small Business Fees, Charges and Rebate will be increased by 50% from the current $2,000 limit to $3,000 and employing businesses will be able to use the rebate to obtain RATs. This will support worker availability by helping reduce costs to small businesses and enabling healthy staff who have been exposed to COVID-19, but test negative, to return to work.

Commercial landlord relief extended

The protections under the Retail and Other Commercial Leases (COVID-19) Regulation 2021 for small retail and commercial tenants will be extended for an additional two months, until 13 March 2022. This regulation prohibits certain actions by landlords (such as lockout or eviction) unless they have first renegotiated rent with eligible tenants and attempted mediation.

NSW Performing Arts Package extended

The existing NSW Performing Arts COVID Support Package has been extended until April 2022. See CreateNSW for full package details.

Please be aware that there is a high level of scamming activity around COVID-19 rules and regulations and, in particular, grants and relief. These scams are increasingly sophisticated and many involve impersonation such that they may appear to come from legitimate advisors (such as Allan Hall).

At Allan Hall, we will never request money upfront, deposits, transfers to personal accounts, payments via gift cards or other unexpected or unusual payment methods. If in any doubt, contact us via phone before taking actions that appear to be at the request of Allan Hall.

Employers’ Biggest Challenges for 2022

Posted on 3 December 2021 | by Allan Hall

3 Tips for Employers

Attracting and retaining good employees has always been a big challenge for businesses, however we now see it looming as a major obstacle for employers in 2022.

Business is looking to boom, but you will need the right team to be able to take advantage of the opportunities.

Why now?

As we come out of nearly two years of unprecedented business disruption and uncertainty due to the COVID-19 Pandemic, a number of factors have combined to produce an extraordinary set of circumstances, including:

business confidence has surged as we come out of lockdown and economic activity is rebounding quickly
the Reserve Bank has increased its forecast GDP growth for 2022, to 5.5%
recruitment activity is now nearly 50% above pre-pandemic levels and job advertisements are now at historical highs
at the same time, unemployment is historically low, and there are now serious and persistent shortages of skilled labour across the country, with trades and technical areas particularly in short supply
with easing concerns over COVID-19, a number of employees are taking the opportunity to re-evaluate their careers and how they want to work in the future, and it has been predicted that this trend will develop further next year as the economy takes off. This phenomenon has now come to be known as, “the Great Resignation”.

As you wind down from 2021 and before the new year gets into full swing, we recommend that you get ahead of the game by following these three tips for employers.

3 tips to attract and retain good employees in 2022

Tip 1: Conduct an employee satisfaction/engagement survey

Take the time to understand how satisfied your employees are with their work and how engaged they are with your business. Employees who are satisfied and engaged, rarely leave, even when offered more money. Consider undertaking an employee survey to help you better understand your employees’ thoughts and feelings and identify any “imminent flight risks”.

Tip 2: Review your employee remuneration, benefits and rewards

With surging economic activity, a booming recruitment market, and skilled labour in short supply, there is likely to be pressure on increasing wages and salaries, particularly as they have remained flat for a number of years. Many employers are also looking at new and different benefits and rewards to make their offer more attractive than their competitors. It is suggested that all employers take the opportunity now to review salaries, wages, benefits and rewards to ensure you remain competitive and well-positioned to retain your valued staff.

Tip 3: Proactively source quality talent

Spend some time forecasting your labour requirements for 2022 and determine if you are likely to need additional skilled staff. The tightening labour market over recent months has seen the number of applicants per job advertised, decline steadily, and clients report that quality candidates are becoming increasingly hard to find. This means that if you are in the market for staff in 2022, you will most likely need to be more creative in how you find the “right” people for your business, and you should consider seeking professional assistance to proactively source the highest quality talent.

Our highly skilled and experienced team at Allan Hall HR have assisted our clients in all these areas, such as engagement surveys, salary reviews and quality sourcing and recruiting of talent.

Please contact us if you would like to discuss your current business situation and people needs. We would be excited to help you prepare for the year ahead with the right team in place to seize all the opportunities coming your way!

Contact Allan Hall Human Resources in Brookvale

Extension to the JobTrainer Enrolment Period

Posted on 22 October 2021 | by Allan Hall

JobTrainer enrolment period extended

The current JobTrainer enrolment period has been extended from the current end date of 30 September 2021 to 31 December 2021.

This extension will give providers the opportunity and added flexibility to continue to deliver courses this year once COVID restrictions start to ease across NSW.

The following key dates now apply regarding enrolment of students and commencement and/or completion of training under JobTrainer:

Full qualifications
- Providers can enrol students up until 31 December 2021 and students may commence training up until 31 March 2022.
Part qualifications
- Providers can enrol students up until 31 December 2021 and students must complete training by 30 June 2022.
Security Operations program (training to support the NSW Government Hotel Quarantine Program)
- Providers can enrol students up until 31 December 2021 and students must complete training by 31 March 2022.
Extensions to existing JobTrainer (Skilling for Recovery) part qualification PASs
- Requests for extensions to the enrolment/commencement periods in existing PASs will be considered on a case by case basis.
- Any extensions granted will be limited to a maximum of six weeks extension to the training commencement period.
White card training
- White card training to school students is currently on hold
- There will be no extensions to PASs or new TNIs for school students
- Extensions for PASs for non-school student cohorts will be considered.
New TNI applications
- Providers can continue to submit TNI applications to their Training Services NSW regional office for JobTrainer training, ensuring all information requirements are met.

The NSW government has committed to 103,000 additional free training places as part of a $100 million economic recovery package to turbocharge skills training and future-proof the workforce.

The recovery package contains new funding to extend the successful JobTrainer program, hundreds of fully funded school-based apprenticeships and traineeships for Indigenous students, and funding for new ICT traineeships in the public sector. Read more at Training Services NSW.

cash flow can make or break your business

Improve cash flow and sleep better at night

Posted on 5 October 2021 | by Allan Hall

Cash flow can make or break your business, so take time to safeguard it

According to a survey by research firm East & Partners for lender Scottish Pacific, nearly 80 per cent of owners of small and medium enterprises said cash flow issues caused them the most sleepless nights.

So what might you do to improve your cash flow and sleep better at night? Here are five tips.

1. Build a cash reserve

Cash flow is the lifeblood of any business. To ensure that it makes, not breaks, your business, it’s important to build a robust cash reserve. This may help you meet your financial obligations in difficult times and allow you to take on opportunities to grow your business.

2. Separate business and personal money

By keeping business and personal expenses separate, you may better understand your business’s cash position. It may also ensure that you don’t use money meant for your business on personal expenses; for example, a holiday or your mortgage.

3. Get paid on time

If your business hasn’t been actively pursuing unpaid invoices, you may want to make it a practice – and have a strategy – to regularly chase up payment. Finding ways to encourage prompt payment, such as offering a discount to early payers, may help.

4. Control business costs

Controlling costs might help you to maintain a healthy cash flow. Experts suggest taking stock of your business expenses regularly to identify where you can cut costs without sacrificing growth. This may include reviewing your suppliers and negotiating better rates with them.

5. Protect your business

By taking out business expenses insurance and key person insurance, you may help ensure your business can meet its running costs if you or a key employee is too ill to work. Both insurance plans provide a monthly benefit if you or a key person in your business become incapacitated.

Work with a professional

Your professional financial adviser can tailor your insurance plans to your business’s cash flow protection needs, safeguarding what you’ve worked so hard to build.

General Advice Warning

The information contained on this website is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.

Mark O’Connell, Robin Bell and Allan Hall Financial Planning Pty Ltd are Authorised Representatives of Consultum Financial Advisers Pty Ltd ABN 65 006 373 995 AFSL 230323.

Casual Employee Conversion deadline

Posted on 23 September 2021 | by Allan Hall

Casual Employee Conversion deadline is 27 September 2021

In our article in March this year, we provided information about recent changes to legislation relating to casuals.

The legislation introduced the requirement that all employers must issue all current and future casual employees with the Casual Employment Information Statement.

In addition, under the changes, employers with more than 15 employees are required to assess all casuals employed before 27 March 2021 to determine whether they are eligible to be offered conversion to permanent employment. This assessment needs to be done by 27 September 2021. This requirement does not apply to small business employers (with 15 employees or less).

In summary, unless there are reasonable business grounds not to make an offer, casuals must be offered casual conversion if they:

(a) have worked for the employer for 12 months; and

(b) have worked a regular pattern of hours for at least the last six of those months on an ongoing basis; and

Within 21 days of the assessment, employers are required to notify each casual employee of the outcome of the assessment, even if the employee is not eligible for conversion.

There is an ongoing obligation to assess each casual employee for eligibility to be converted to permanent employment on the anniversary of their employment each year.

Allan Hall HR can assist you with the assessment of your casual workforce, drafting the required communications to your casuals and implementing processes to ensure ongoing compliance with the legislation.

As there are penalties for non-compliance with the legislation, we encourage you to act now.

If you have any questions or require support, please do not hesitate to contact us directly at [email protected].

Stapled super funds

Posted on 20 September 2021 | by Allan Hall

Extra ‘super’ step when hiring new employees

Most new employees are eligible to choose the super fund into which employers pay their super guarantee contributions.

Currently, when a new employee doesn’t choose their own super fund, the employer must pay super contributions into their default fund.

From 1 November, if any new employees start, the employer may have an extra step to comply with the choice of fund rules.

If a new employee doesn’t choose a super fund, the employer may need to request their ‘stapled super fund’ details from the ATO.

A stapled super fund is an existing super account that is linked, or ‘stapled’, to an individual employee so that it follows them as they change jobs.

The change aims to reduce account fees by stopping new super accounts from being opened each time they start a new job.

From 1 November, employers will be able to request stapled super fund details for new employees using Online services for business.

What employers can do now

To make sure you’re ready when the time comes, check and update the access levels of your authorised representatives using Online services on behalf of your business. This will also protect the personal information of your employees.

Please contact Allan Hall’s Accountants in Brookvale on 02 9981 2300 if you have any queries about stapled super funds prior to 1 November.

NSW JobSaver eligibility

Posted on 13 September 2021 | by Allan Hall

Confirm your business is still eligible for JobSaver

Service NSW has advised that if you’re receiving the JobSaver payment, you’ll need to reconfirm your eligibility each fortnight to continue receiving payments.

How to confirm

Select the ‘Confirm your eligibility’ button.
Log in to your MyServiceNSW Business Profile.
Follow the steps to confirm your eligibility

Confirm your eligibility here »

You will receive fortnightly reminders via email.

If you no longer require support, you may request to withdraw from receiving payments.

Eligibility

You must be currently receiving the JobSaver payment and confirm that you:

have continued to experience a decline in turnover of 30% or more, compared to:
- the same period in 2019, or
- the same period in 2020, or
- the 2-week period immediately before lockdown started in your area.
are maintaining your employee headcount stated in your application, if you are an employing business.

UPDATE JobSaver expanded following NSW lockdown extension

COVID-19 employee vaccinations

Posted on 16 August 2021 | by Allan Hall

COVID-19 Vaccinations for employees

The Fair Work Ombudsman has released additional guidance to employers on the circumstances in which it could be appropriate to require their employees to be vaccinated.

See link: https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/covid-19-vaccinations-and-the-workplace/covid-19-vaccinations-workplace-rights-and-obligations#lawful-and-reasonable-directions-to-get-vaccinated

Employers can only require their employees to be vaccinated where:

a specific law (including the public health orders) requires an employee to be vaccinated
the requirement is permitted by an enterprise agreement, other registered agreement or employment contract, or
it would be lawful and reasonable for an employer to give their employees a direction to be vaccinated, which is assessed on a case-by-case basis.

As to whether or not a direction is reasonable requires a case-by-case assessment based on factors which include:

the nature of the workplace (are employees in public-facing roles and is the business an essential service?)
The extent of community transmission in the location of the workplace, including the risk of transmission of the Delta variant
WHS obligations and the effectiveness of vaccines
Each employee’s circumstances including if there is a legitimate reason not to get vaccinated
Vaccine availability

To guide employers in the case by case assessment, the Fair Work Ombudsman has divided workplaces into four tiers:

Tier 1 work where employees are required as part of their duties to interact with people with an increased risk of being infected with coronavirus (for example, employees working in hotel quarantine or border control).
Tier 2 work where employees are required to have close contact with people who are particularly vulnerable to the health impacts of coronavirus (for example, employees working in health care or aged care).
Tier 3 work where there is interaction or likely interaction between employees and other people such as customers, other employees or the public in the normal course of employment (for example, stores providing essential goods and services).
Tier 4 work where employees have minimal face-to-face interaction as part of their normal employment duties (for example, where they are working from home).

As you would be aware from our recent article, the NSW Government has imposed a number of restrictions to combat COVID-19 including making specific public health orders which require workers in certain industries to have had a vaccination (or have an exemption) in order to work.

From 11 August 2021, additional restrictions were imposed on employees from “areas of concern” which are currently the local government areas of Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Parramatta and some suburbs of Penrith. To keep up to date with changes to the public health orders and updates to the local government “areas of concern” go to https://www.nsw.gov.au/covid-19/rules/affected-area#summary-of-restrictions.

Construction industry

Since 31 July 2021, work has been allowed to resume on construction sites in Greater Sydney including in local government areas of concern. However, construction sites in local government areas of concern must comply with a number of requirements listed here: https://www.nsw.gov.au/covid-19/rules/construction-rules-and-restrictions#rules-for-construction-sites.

One of the requirements is that from 11 August 2021 workers who live in or are temporarily staying in a local government area of concern must comply with vaccination requirements in order to work at or enter a construction site in Greater Sydney. A person from these areas must not enter or remain at a construction site in Greater Sydney unless they have:

had 2 doses of a COVID-19 vaccine or
had one dose of a COVID-19 vaccine before Wednesday 21 July 2021 or
had one dose of a COVID-19 vaccine after Wednesday 21 July 2021 and you have been tested for COVID-19 in the past 72 hours (3 days) or
evidence of a medical exemption and you have been tested for COVID-19 in the past 72 hours.

If a person is required to have a COVID-19 test to enter or remain at a construction site, they must have a COVID-19 test once every 72 hours.

Construction workers can request a COVID-19 vaccination exemption for medical reasons.

Further information in relation to the evidence requirements is here: https://www.nsw.gov.au/covid-19/health-and-wellbeing/covid-19-vaccination-nsw/covid-19-vaccination-for-workers.

Other industries

There are also vaccination requirements for quarantine facilities, transport providers and airport workers. Further information is available here: https://www.nsw.gov.au/covid-19/health-and-wellbeing/covid-19-vaccination-nsw/covid-19-vaccination-for-workers

Residential Aged Care

From 17 September 2021, COVID-19 vaccinations will be mandatory for all residential aged care workers. For further information see: https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/information-for-aged-care-providers-workers-and-residents-about-covid-19-vaccines/information-for-residential-aged-care-workers-about-covid-19-vaccines.

Assisting your employees to get vaccinated

The NSW Government has released a number of resources for businesses to use to encourage their employees to get vaccinated and to ensure that employees have access to accurate information on the vaccination program.

The information is available here: https://www.health.gov.au/resources/collections/covid-19-vaccination-business-kit#information-sheets.

Allan Hall HR will continue to provide updated information about managing vaccinations in workplaces and keep you apprised of changes to the COVID-19 restrictions which impact you and your employees. If you need advice and assistance in relation to the specific circumstances in your workplace, please get in touch with our team on 1300 675 393.