Home – New Forums Starting your journey Are industrial instruments applicable to owner/director

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  • #972467
    Rachael Spicer
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    Hi,

    I’m the sole owner of a business, and the company director. I’m effectively an employee though as I pay myself wages in a commission like manner – i.e. if there’s funds in the business that I don’t need for business expenses, I get paid including salary and super.

    As I’m “flying solo”, I haven’t really though about if there’s any industrial instruments (i.e. awards or agreements) that apply to me.

    I’m currently applying for a tender though which asks if there’s any industrial instruments that apply to the employees of my business. I’ve tried delving through the Fair Work Australia website, but haven’t found it very helpful. I think I’ve figured out if an award did apply to me, it would most likely be the Professional Employees Award, but I haven’t been able to figure out if as the owner and director of the business Awards actually apply to me.

    Does anyone know if an industrial instrument does actually apply to me? There’s probably an interesting article in there for Flying Solo if the industrial instruments do apply!

    Thanks,

    Rachael

    #1056289
    abacus
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    Maybe you need to write yourself up a Contract of Employment? If you were to do your job as an employee of another firm, how would you be paid?
    It is probably a good exercise to do now, as you will then have te procedure in place when you do employ staff.

    #1056290
    victorng
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    Rachael Spicer, post: 69054 wrote:
    Does anyone know if an industrial instrument does actually apply to me?

    Impossible to answer that question without knowing what it is you do :)

    As you’re a one woman show, it prob doesn’t matter anyway. You’re hardly likely to complain that you’re not getting your full entitlements.

    Cheers,
    Victor

    #1056291
    Rachael Spicer
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    Thanks Abacus and Victor.

    I provide B2B Marketing services, and Business Analysis services.

    As Victor pointed out, from my personal perspective it’s a moot point, I’m a one women show and planning on staying that way for the foreseeable future – so won’t be complaining about my entitlements.

    Unfortunately for the tender I’m responding to I need to know as it’s a mandatory answer. I’m curious from a legal stand-point too though. While I may not personally care, as I Director I may have legal obligations to myself as an employee that I should be meeting.

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