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IRAS


INDUSTRIAL RELATIONS ADVISORY SERVICE
PO Box 298
The Entrance , 2261

Phone Numbers

Employers Call
(02) 4334 4176

Employees Call
(02) 4334 4963

Fax (02) 43326127

A.B.N. 45 000 982 918

LATEST ISSUE

Feature heading for subscriber newsletter

WORKCHOICES AND NON - PROFIT ORGANISATIONS

“Trading” and “financial”

Under the Workplace Relations Act a Constitutional Corporation must be a trading organisation that is incorporated under the Corporations Act 2001. The substantial part of its activities being trading activities ( not necessarily the predominant work) and that it engages in significant financial activities (regardless if it was formed for such purpose).

In a decision of the Full Bench of the NSW Industrial Court the Children’s Medical Research Institute, a non-profit organisation, was found not to be covered by the Federal Industrial Relations system as the institute’s trading activities were secondary to its primary charitable activities.

The Children’s Medical Research Institute’s constitution clearly stated that where its objects encompassed any trading activities, they were secondary to its primary charitable objects.

The institute did not derive revenue from any financial activities as such, but rather from a mixture of grants, donations and passive investments (whereby money is given to another corporation to manage those investments over a period of time).

The Full Bench said:

“The expression ‘financial corporation’ is not a term of art and does not have a special or settled legal meaning”.

“It is by virtue of the discussion of a commercial element and its application to the facts of the corporations in the authorities, which illustrate the threshold test for financial activities of the nature engaged in by the respondent, the test being whether the corporation engages in commercial dealings” .

“The financial activities of the respondent consist of investments which have a capital value and produce revenue through dividends. It has savings accounts which produce some income through interest. The financial investments that generate investment income and dividends for the respondent were initially derived from non-commercial sources, such as a public appeal in securities, government funding and charitable donations. They are now sourced from similar non-commercial, charitable sources in addition to reinvested dividends and investments”

It should be noted that the Full Bench not only relied on these observations but also from a closer analysis of the financial activities of the respondent.

 

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         INDUSTRIAL   RELATIONS

   
 
 

IRAS PTY LTD is an Industrial Relations Organisation established in New South Wales since 1972.

The staff of IRAS have literally answered tens of thousands of phone calls on every aspect of employment relations that exist between employers and employees. We understand how problems arise and how disruptive they can be for everyone.

With all our years of Employment Relations knowledge we can assist you with your day to day employment requirements usually within a matter of moments, we are able to act as an independent third party giving the matter/problem immediate attention and clarification.

Our advice can cover all employees from award to managerial and professional.

As a general rule we find that interpretation is where the initial  conflict arises, some callers already have an interpretation of a particular piece of legislation or situation and are looking for an informed sounding board with supporting evidence, we can help.

We are here to help you avoid  errors that could result in significant costs for backpayment of wages or damages and loss of credibility. 

We listen to your interpretation,  should you already have one, and then take you through any legislative requirements that either gives confirmation and authority or is prohibitive.

Our current subscription base ranges from employers of more than 500 employees to employers with fewer than 5.  We have assisted nearly all all with telephone or written  advice.

We have maintained a healthy client base through promotions and word of mouth satisfied employers/employees moving to other industries or starting new businesses have wanted the service continued.

We keep track of frequently changing State and Federal legal employment requirements and  as a  subscriber to “IRAS”  you can be assured that everything you need to know and understand can be supplied to you.

We have always been  the Registered company of IRAS PTY LTD and have always owned and produced the “IRAS” loose leaf publication service. 

This service gives you everything you need at your fingertips in a  completely up-to-date easy to understand publication. Replacement pages for the service are produced and mailed immediately any variation occurs to its the IRAS contents along with additional Fax or Email newsletters. Where an important issue or change arises that needs to be brought to your attention you will also be notified. 

 

 

            AWARD SERVICES

   
 
 

AWARDS and AGREEMENTS

Our loose leaf publication service, IRAS, details information on the most common award in NSW, the Clerical and Administrative Employees (State) Award. This award applies through all industries as it is as a Common Rule Award.

The IRAS service can be altered to accomodate  most industries awards or agreements.

With the introduction of  Work Choices, through the Federal Workplace Relations Act, the service has been modified to recognise the needs for those that are Incorporated Organisations and those non-incorporated organisations (not PTY LTD companies).

Two distinct rates of pay are now dealt with by the Australian Fair Pay Commision (Federal) and the NSW  Industrial Relations Commission (State) all part of the "IRAS" service. 

The provisions for previous State employees now adhering to the and Federal Act have also been implemented into the "IRAS". 

We can assist with all agreements and view any proposed agreements that an employer may be wanting to introduce for acceptance and prohibitive content.

LEGISLATIVE REQUIREMENTS

The IRAS service contains the following legislation:-

  • Termination Provisions as required by the Federal Workplace Relations Act.
  • Overview of the Federal Workplace Relations Act.
  • The Annual Holidays Act and a summary of its provisions.
  • The Long Service Leave Act and a summary of its provisions.
  • Employment Protection Act.
  • Occupational Health and Safety (First Aid) Regulations.
  • Current Taxation Deduction Schedules. (Weekly, fortnightly, monthly and Quarterly)
  • Taxation Deduction Schedules re: Termination
  • Annual Leave & Long Service Leave Calculation Tables
    Calculation Tables for Ordinary Rates and Overtime, Pro Rata  Annual Leave, 17 ½% Annual Leave Loadings and Long Service Leave.
  • Parental Leave provisions of the NSW Industrial Relations Act.( Maternity, paternity & Adoption).
  • NSW Public Holidays & NSW School Holidays for current and forthcoming years.
  • Statutory Regulations of the NSW Industrial Relations Act, as to the Payment of Unclaimed Wages.
  • Federal Workplace Relations Act provisions for Records and Payslips
  • Paid in Money; Particulars of Wages to be Supplied; Time Sheets and Pay Sheets to be kept.
  • Termination Guidelines.
  • Smoking Regulations Act.
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IRAS PTY LTD is not an legal firm and does not engage legal practitiors - the advice we give cannot be used in any legal context
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