1 Fund 1 Employer Information Fund 1 Employer Information Updated May 2015
2 Incolink was established in 1988 as the industry redundancy scheme to support workers between jobs. As well as managing funds for workers, Incolink supports the Industry with a range of benefits and services. Phone: (03) Website: Address: 1 Pelham Street, Carlton VIC 3053 IMPORTANT Please note that while every effort has been made to ensure the accuracy of the information contained in the guide at the time of publishing, it does not purport to contain all the information that may be relevant to the matters contained in it, and is provided as a matter of interest only. No liability attaches to Incolink in relation to any statement made, expressly or implied in this brochure. All statutory or implied conditions and warranties are excluded to the extent permitted by law. A reader of this brochure should not rely on its contents but should obtain further information in relation to any product or services provided. COPYRIGHT This work is copyright and apart from any use as permitted under the Copyright Act, no part may be reproduced by any process without prior permission from Incolink. This Booklet is designed to provide information to the most common questions but is not a substitute for the Trust Deeds which govern the Incolink Redundancy Funds. The information contained herein is correct as of April Information provided is of a general nature, and Incolink recommends seeking your own independent advice.
3 Redundancy Scheme Employer Information Getting Set Up with Incolink 6 EmployerLink 7 Payment Methods 8 Payment Due Date 9 Tax Invoices 10 Manage your company details 11 Managing Workers 12 Registering Workers 12 5 Contents Adding Workers 12 Terminating Workers 13 Change Workers Employment 13 Apprentices 14 Privacy Terms & Conditions 15 EmployerLink FAQs 17 Worker Accounts 19 Claims 20 Severance Account 20 Claiming Initial Benefit 20 Claiming the Balance of Funds 21 Genuine Redundancy Claims 22 Apprentice Claims 23 Tax Rates 24 Helpful Information 26 ComplianceLink 28 Employer Information This brochure is designed to provide answers to the most common questions but is not a substitute for the Trust Deed which governs the Funds. The information contained herein is correct as of July
4 Incolink Building & Construction Industry Accident & Illness Benefits Program Personal Accident Leisure Time Insurance Benefits Program Income Protection & Trauma (IPT) Insurance Portable Sick Leave (PSL) Scheme 35 Agreement to Join and Participate in the PSL Scheme 37 Contributions to Portable Sick Leave (PSL) Scheme 37 Workers Returning to their Previous Employer 38 Claiming Portable Sick Leave 39 Work Injury Management Service Contents Industry Training Levy 42 Incolink Member Service Department 43 Job Placement Services 43 Support for Building & Construction Workers 44 Financial Rights Counselling Support Program 44 Personal Counselling 44 Critical Incident Report 44 Alcohol & Drug Program 44 Grief Counselling 45 Apprentice Support Workers 45 Life Care 45 Supporting Members 46
5 Redundancy Scheme Employer Information The Trust Incolink is the trading name of the Redundancy Payment Central Fund Ltd, a company incorporated in Victoria. The Company acts as the Trustee of the Trust which governs the Redundancy Payment Approved Worker Entitlement Fund No. 1, applicable to employers and their workers within the commercial construction sector. Parties to the Deed of Trust are Incolink, Master Builders Association of Victoria (MBAV), Construction, Forestry, Mining and Energy Union (CFMEU), and the Communications, Electrical, Plumbing Union (CEPU). Workers are entitled to redundancy payments in accordance with: The terms of their Enterprise Bargaining Agreement (EBA) The Contract of Employment A copy of the full Trust document is available on request. 5 Redundancy Scheme Employer Information
6 Getting Set Up Agreement to Join & Contribute to the Fund Employers agree to join and contribute to Incolink in accordance with the Building Industry Redundancy Pay Scheme through: Application for Membership and Deed of Adherence (this is to be completed online at incolink.org.au/employerlink). Contact Incolink for further information. Industrial Instrument If you are currently working under an Industrial Instrument (EBA) other than the main industry instruments (eg CFMEU or CEPU EBA) you will need to provide us with a copy of this Agreement. Processing Applications for Membership Subject to all applications for membership being completed correctly and all relevant documentation being supplied, it takes approximately two working days for Incolink to approve and process an application. Employers will receive a confirmation of approval and their Incolink Employer Member Number via once the registration process is complete. When completing the Application for Membership, you will need to provide company details including nominations a Super User (see page 13) 6 Fund 1 Employer Information
7 EmployerLink EmployerLink is Incolink s easy contribution management system, which is designed to be user friendly, save time and reduce the paperwork associated with managing redundancy contributions, insurance and training levy s. From 1 June 2015 employer members will be able to complete their monthly returns online, using EmployerLink. It is a convenient and easy way to manage your workers and the relevant payments. To access EmployerLink - Employers will be provided with details of how to set up access to EmployerLink prior to 4 May 2015 when registered with Incolink. If you are already a registered employer member please ensure your contact details are correct with Incolink. - EmployerLink is available 24/7 via the Incolink website. Getting Set Up To register for EmployerLink, you must accept the terms and conditions as part of completing the Application for Membership and Deed of Adherence; these are included in the Incolink registration form which is available online. To complete your registration you must print and sign the terms and conditions and return this form to Incolink before your membership will be completed. 7 EmployerLink Call Incolink s Operation Department: (03) or or if you have any queries. Call (03)
8 Benefits of using Monthly return processing available 24/7 Reduced paperwork Online worker management o Register o Terminate o Confirm claim information o Provide other information Tax invoices online Automated calculations BPAY and credit card payments available Electronic notifications Online management of your company details Access to online job placement service Access anywhere Friendly and innovative Dedicated Incolink Support Team available Monday - Friday 8am - 5pm. Payment Methods Incolink accepts a number of payment methods for employers making monthly contribution payments for their workers, including; BPay Credit card (VISA / MasterCard)* Cheque^ Employers are required to pay Incolink in accordance with the invoice periods as defined in the Trust Deeds and other agreements governing the funds. *Please be advised, fees associated with making payments via credit card will be advised and paid when payment is authorised. ^Employers who continue to pay via cheque are reminded that cheque payments are subject to bank clearance and may therefore delay the process of your monthly return. 8 Fund 1 Employer Information
9 Payment Due Date Incolink redundancy contributions are due on the last day of the month to which it relates however payments will be accepted until the 14 th of the following month. EmployerLink will automatically calculate your monthly invoice to reflect changes in the workforce. Please remove or adjust for workers who did not work on a commercial or industrial site the entire month. When adding new workers please ensure you provide their full name, address, date of birth, start date and their trade. If a worker has left your employment please update the termination date. Late Payments Payments received after the last day of the month following the month in which they were due will be subject to a 10% Late Payment Fee as prescribed in the Trust Deeds and any subsequent amendments to the Deed. For example: The August invoice is due for payment by 30 th August, however, because we collect payments in arrears we allow you until 14 th September to make payment before taking action. Payments received after 30 th September will incur the Late Payment Fee. 9 EmployerLink Invoice Periods In accordance with the Trust Deed governing the funds, Incolink invoice periods are either four (4) or five (5) weeks dependent upon the number of weeks (Monday to Friday) that fall in the invoice period (month). Returns will not be able to be processed if they are not calculated according to Incolink invoice periods.
10 Tax Invoices Incolink will send you an notification when your invoice is available. To process your invoices, log into your EmployerLink account and click on Invoices. This page displays provisional and paid invoices. If the invoice is finalised it will display accordingly in the status column. Where more than once invoice is provisional you must finalise the oldest invoice first. To process an invoice, click on the invoice number. Please note that GST, if applicable, is payable on invoices. You will receive a provisional invoice where you will be able make the necessary amendments and return to Incolink with your payment. A Tax Invoice receipt will be issued to you once the provisional invoice and payment have been processed. 10 Fund 1 Employer Information
11 Manage your company details Simply log into your EmployerLink account, click Company Details and click Update. PLEASE NOTE: only Super Users can edit all company details. Super Users Each employer member is required to nominate a Super User of EmployerLink. The Super User must be an authorised officer for your company as the super user will be able to set up and manage Authorised Users for their company. Further they are able to manage user contacts, including logins and password. The Super Users will be able to update your company details such as address, telephone numbers and telephone security pin. A Super User can manage their company s EmployerLink Authorised User permissions; thorough login in and updating User details. 11 Manage your company details Authorised Users Authorised Users are able to access EmployerLink and to complete monthly returns and manage workers on behalf of the company. The Super User must add new Authorised Users contact information by following the steps to update Company details. This is done by following the New Iink and entering the Authorised Users personal details, and adjusting the EmployerLink Permissions details, it is important to ensure all mandatory fields are complete, and then click save.
12 Managing Workers EmployerLink makes it easier to manage your workers to ensure accurate monthly returns are calculated. Registering Workers To register workers with Incolink, log into your EmployerLink account and click on Manage Workers menu option then My Worker is not currently registered with Incolink. Enter the workers personal and employment details, ensuring all mandatory fields are completed, and then click Save. When registering new workers you will need to supply the following details: - Full Name - Current residential address - Date of Birth - Mobile Phone - Incolink Number (If previously registered with Incolink) Adding Workers - Commencement date - Trade / job title - address - Employment type ie; permanent / casual If available, we also request that you provide us with the worker s contact details such as: Mobile or home telephone; address To add a worker to your Incolink account, log into your EmployerLink account, click on Manage Workers then New Worker. Enter the workers Incolink Member Number, date of birth and surname then click Search. If successful, a message will appear, click Ok. Who is an Eligible Worker? Eligible workers are those who are currently working on a commercial building or construction site in Victoria, where an Enterprise Bargaining Agreement (EBA) applies. Construction work includes maintenance in accordance with the definition contained in the relevant awards. 12 Fund 1 Employer Information
13 If a worker is not already registered as an Incolink worker member, upon receiving your list of names we will then register the worker. We will issue them an Incolink Member Number, and post their Membership Card to their home address. When the worker receives their card it is important that they activate it by going online to activate and confirming some personal details. By activating their card, the worker will be issued with a login and password to access their Incolink account online using WorkerLink. Terminating Workers To terminate workers no longer working for you on Incolink s system, log into your EmployerLink account and click Manage workers. A list of workers registered as working for you will appear including the workers Incolink Member Number, full name, address, employment type and start date with company. Click on the Incolink Member Number of the worker you would like to terminate and then click Terminate worker. You are then required to provide: - Workers end date or termination date - Select a termination reason and from the drop down box. I.e. genuine redundancy. - Unused sick leave days, this only applies of you contribute PSL for your worker. Change Workers Employment Details To change a workers employment details, log into your EmployerLink account and click Manage workers. Similar to terminating a worker, click on the Incolink Member Number of the worker you would like to change the employment details of. Click on Change Employment Details; please be aware that changes to a worker s employment type will update all invoices which have not been finalised. From here you can change the employment type, start date, trade of work and if the worker goes on WorkerCover you can provide the WorkCover start date. Once completed click Save. 13 Managing Workers
14 Apprentices To register apprentices it is similar to when you set up a worker with Incolink, log into your EmployerLink account. Click on Manage Workers menu option then My Worker is not currently registered with Incolink. Enter the workers personal and employment details, ensuring all mandatory fields are completed, and then click Save. When registering new apprentices you will need to supply the following details: - Full Name - Current address - Date of Birth - Mobile Phone - Incolink Number (If previously registered with Incolink) In addition for apprentices please supply: - Start date of their apprenticeship - Apprentice trade - Commencement date - Trade / job title - address Apprentices wil be included on your monthly invoice as they receive apprentice days so you need to nominate the number of days they have worked on a commercial construction site during the month. In addition if the apprentice works under an EBA you will need to pay PSL and IPT payments as required. When adding new apprentices please ensure you only register them with Incolink when they start work on a commercial or industrial site and provide the date they commenced their apprenticeship. This may differ from the date they commenced employment with you, if they started their apprenticeship with another employer. Please include the year of indenture and their trade on the invoice under the column Days Worked this Month the number of days the apprentice worked on a commercial or industrial site (Monday to Friday only). This includes days on leave, days on worker s compensation, days spent attending school, rostered days off and public holidays. If an apprentice has completed their apprenticeship, please provide the completion date in writing on the invoice or on company letterhead. 14 Fund 1 Employer Information
16 If you are an employer member of Incolink, additional terms and conditions apply to your use of the EmployerLink service on the Website. You can view those terms and conditions by logging in to EmployerLink. A full copy of the website use terms and conditions is available on our website: Website-Terms-And-Conditions.aspx. 16 Fund 1 Employer Information
17 EmployerLink Frequently Asked Questions Q. What is EmployerLink? A. EmployerLink is an online system designed to save time and reduce the paperwork associated with managing employers redundancy contributions, insurance and training levies. Q. Are there any fees or charges for using EmployerLink? A. Incolink provides EmployerLink free of charge to registered Incolink employer members. Q. How do I register to use EmployerLink? A. The Application for Membership can now be completed online via Incolink s website: Q. Why should I use EmployerLink? A. As of June 2015, Incolink s new EmployerLink system provides the processing of Incolink payments online. Payments and lodgement of invoices are made via the system. Live registration and termination of workers online Payments will be made by credit card and BPay Monthly invoice processing reminders will be sent via Online use of Incolink s Employment Placement Service All returns will be solely processed online 17 EmployerLink Frequently Asked Questions Q. How do I obtain a receipt once my payment is made? A. Once payment has been received and processed by Incolink you can log on to EmployerLink and print a tax invoice.
18 Q. When can I use the EmployerLink service? A. The EmployerLink service is accessible 24 hours a day, 7 days a week. Q. Must I be connected to the Internet to use EmployerLink? A. Yes; EmployerLink runs through the Internet. Q. Do I require an address to use EmployerLink? A. Yes; EmployerLink requires a business-specific address to enable us to communicate with You. You need to provide your address when you complete the Application for Membership. Q. Who do I contact if I have questions or comments regarding the EmployerLink service? A. You can contact the Incolink Operations Department on (03) Q. What happens if I forget my login or password? A. If you have misplaced your login, you will need to contact Incolink during business hours (Monday to Friday 8am to 5pm). If you forget your password, you may retrieve it online by accessing the Forgot your Password page. The password will then be sent to your registered address. 18 Fund 1 Employer Information
19 Worker Accounts Workers are able to select how their redundancy funds are treated. Funds can be held in either: an Incolink Severance Account (default account provided to Incolink worker members), which provides access to funds for workers if their employment is terminated for any reason. Severance termination payments are taxed at the concessional tax rate; or an Incolink Genuine Redundancy Account (GRA) enables workers to claim a genuine redundancy payment if their employment is terminated because their position is made genuinely redundant, at a nil or reduced tax rate, on being made genuinely redundant. 19 Worker Accounts PLEASE NOTE: workers should seek independent advice before selecting a Genuine Redundancy Account. To select a Genuine Redundancy Account, workers will need to complete the Incolink Genuine Redundancy Account Application Form. To obtain a copy of this form visit: or contact Incolink. There will be nil cost for workers to select and transfer their redundancy account balance into an Incolink Genuine Redundancy Account (GRA). Incolink does not charge any fees to workers to claim their funds. For more information on the above account types please visit or contact Incolink (03) PLEASE NOTE: Casual workers, due to the nature of their employment conditions, are not eligible for an Incolink Genuine Redundancy Account (GRA).
20 Claims Severance Account Workers can apply for an initial benefit which increase annually in line with movement in the CPI, when they become unemployed, by completing the Initial Claim Form and forwarding it to Incolink via fax, mail, or delivering it to Incolink s office. Employers will be required to confirm the workers termination by completion of Termination of Worker via EmployerLink. Workers will be able to apply for their Initial Claim via WorkerLink; alternatively the Initial Claim Form can be downloaded from our website. If a worker is still unemployed after 4 weeks, they are then eligible to claim the balance of funds from their account. The Balance of Funds Claim form can be downloaded from our website. Claiming Initial Benefit On termination of employment of a worker you are required to specify the end date of the employment and the reason of the termination. If your company is paying PSL for the worker, you will be prompted to specify the number of sick days taken during the worker s employment with you. This is required under the terms of the Portable Sick Leave Trust Deed and is necessary for calculating the worker s PSL entitlements. You must supply this information if you are paying PSL for the worker or you will be unable to finalise the request. Please note: Submitting sick days taken will not be required for casual workers as they are not required to receive PSL. When you terminate an apprentice, details regarding the end of the apprenticeship such as if the apprentice completed their apprenticeship must be provided. 20 Fund 1 Employer Information
21 Claiming the Balance of Funds Eligible workers holding an Incolink Severance Account can withdraw the balance of funds remaining in their account after the Initial Benefit has been paid, provided the worker: Has been unemployed for four (4) weeks and registered with: o Centrelink o Incolink s Member Services Employment Department. o Have not worked in the Industry for 39 weeks; the Statutory Declaration must be competed and executed. PLEASE NOTE: If registered with Centrelink, proof of registration in the form of an official document from Centrelink is required. If the worker is not registered with either organisation, the statutory declaration must be competed and executed. Is retiring from active employment and is over 55 years of age; the Statutory Declaration must be completed and executed. Is unemployed and leaving Australia for more than two years (a certified copy of a current passport and airline ticket must be provided as proof); the Statutory Declaration must be completed and executed. To make a claim on the remaining balance of funds workers need to complete and submit the Redundancy 21 Benefits Claim Form. If the statutory declaration is completed, this claim form cannot be faxed or ed and the original document must be posted or brought into the Incolink office. Claims Contact Incolink for further information about redundancy claims or download forms from:
22 Genuine Redundancy Claims Workers holding an Incolink Genuine Redundancy Account (GRA) will be able to claim a genuine redundancy payment if their employment is terminated because their position is no longer needed. A workers entire balance will be paid when a claim is made. Other situations where payments from an Incolink Genuine Redundancy Account may be claimed include: Termination of Employment due to Permanent Disability or Death. Retirement Termination for any reason, on or after 65 years of age. (Taxed at the concessional rate plus Medicare Levy.) Reaching age 66. (Taxed at the top marginal tax rate plus the Medicare Levy.) The employer is required to confirm the workers redundancy is a genuine redundancy by nominating the reason for termination as a genuine redundancy via EmployerLink. Tax free amounts will be calculated on the workers completed years of employment using the ATO s genuine redundancy Tax rules. ATO s Genuine Redundancy Tax rules. Workers must submit their Genuine Redundancy Claim to Incolink within 30 days of being made genuinely redundant. If Incolink receive the completed claim form by 10am, the claim will be processed the same day: If we are provided with bank details, the funds will be directly transferred on the same day and the worker will have cleared funds in their account the following day, or A cheque will be posted to the worker the same day. The GRA Claim Form can also be downloaded from our website. Need Support? Contact Incolink Visit Call Incolink s Operation Department: (03) Regional Areas: Fund 1 Employer Information
23 Apprentice Claims During an apprenticeship, if an apprentice is made redundant due to lack of work, they may be eligible to make a claim. Under the Incolink Trust Deeds, an apprentice can claim their apprenticeship days as redundancy in the following situations if they become unemployed: An apprentice completes their apprenticeship, and then completes 52 weeks within the commercial building industry, and their employer/s has paid 52 weeks redundancy contributions into Incolink during the period. An apprentice who has not yet finished their apprenticeship is laid off due to a shortage of work, and there is no arrangement with their employer to re-employ them. An apprentice completes their apprenticeship, and is then laid off due to shortage of work within the next 52 weeks, and there is no arrangement with the employer to re-employ them. 23 Claims Call (03)
24 Tax Rates Incolink has an Australian Taxation Office (ATO) Tax Ruling that allows us to provide employment termination payments to workers in the building and construction industry. All claims are processed in accordance with ATO regulations. If a worker pays more tax than required they may be eligible to claim a refund when completing their annual tax return. When processing claims, if there is any taxable portion of a worker s claim, Incolink will deduct tax at the current rate determined by the ATO. It is not against the law for workers not to provide Incolink with their Tax File Number (TFN), however workers who do not provide their TFN will have tax deducted at the maximum marginal tax rate. Severance Accounts Aged under 55 years* Aged over 55 years* Any Age Any Age Age Time Maximum Tax Rate Claim made within 12 months of termination Claim made within 12 months of termination Claims made more than 12 months after termination If no Tax File Number (TFN) is provided 32% 17% 49% 49% *move up by one year up to age of 60 for every birth year after 1/7/1960 up to 30/6/1964. (See Preservation Age table on page 15) *rate correct as of 1 January Fund 1 Employer Information
25 Genuine Redundancy Accounts (GRA) Tax Treatment of Payments 2014/2015 Reason for Payment Genuine Redundancy Before Preservation Age* Genuine Redundancy After Preservation Age* and Before Age 65 Genuine Redundancy After Age 65 Retirement After Age 65 Retirement Before Age 65 Death Disability up to Age 65 and Before Preservation Age* Disability up to Age 65 and After Preservation Age* Genuine Redundancy Account Tax free up to $9,514 plus $4,758 pa. Excess up to cap of $185K at 30% plus the Medicare levy. Tax free up to $9,514 plus $4,758 pa. Excess up to cap of $185K at 15% plus the Medicare levy. 15% tax up to $185K cap amount plus the Medicare levy. 15% tax up to $185K cap amount plus the Medicare levy. N/A no payment available from GRA Tax free up to $185K cap if payment is made to a dependant. Otherwise 30% tax plus the Medicare levy up to $185K cap amount. Tax free up to invalidity component. Excess up to cap of $185K at 30% plus the Medicare levy. Tax free up to invalidity component. Excess up to cap of $185K at 15% plus the Medicare levy. 25 Tax Rates Tax Free amount is for 2014/2015, the amount shown is indexed on the 1 st of July each year. The tax free amount does not apply to all situations. Please refer to the ATO for the most recent Medicare levy. Preservation Age* A person s preservation age depends on their date of birth, as set out in the following table: Date of Birth Preservation Age Before 1 July July 1960 to 30 June July 1961 to 30 June July 1962 to 30 June July 1963 to 30 June From 1 July