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  • 25-Jun-2024 13:35 | Cassidy Lau (Administrator)

    In February 2024, the Federal Government passed its second tranche of ‘closing loopholes’ reforms to the Fair Work Act 2009. These reforms identify and seek to fix areas where the law fails to protect worker rights (e.g. wage theft) or where recent court decisions have increased uncertainty around employee rights and responsibilities (e.g. the definition of casual vs permanent employment).

    Amongst the amendments heralded by the closing loopholes reforms is the introduction of a new employee ‘right to disconnect’. The right is targeted at improving employee mental health by promoting greater work-life balance, and to protect employees against exploitation from additional or excessive working hours.


    Right to Disconnect

    In summary, the ‘right to disconnect’ amendments to the Fair Work Act 2009:

    • confer a new positive right on national system employees to refuse to ‘monitor, read or respond to contact, or attempted contact’ from their employer outside of their working hours, unless the refusal is unreasonable
    • cover contact and attempted out-of-hours contact by both the employer and third parties related to the employee’s employment (e.g. customers, suppliers and patients)
    • requires the employer to establish that an employee’s refusal to respond to out-of-hours contact is unreasonable (e.g. in the case of disputes or disciplinary proceedings)
    • provides that an employee’s refusal to respond to out-of-hours contact is a ‘workplace right’ – and is therefore subject to protection from adverse action


    Factors for Determining Reasonableness

    The right to disconnect will not apply to circumstances in which an employee’s refusal to respond to out-of-hours contact is determined to be unreasonable. Whether an employee’s refusal to respond to out-of-hours contact is reasonable or unreasonable will depend on the circumstances, including:

    • the reason for the contact
    • the timing of the contact and how the contact is made
    • the extent to which the employee is compensated for (a) being available outside their ordinary hours of work, or (b) working additional hours outside their ordinary hours if/when requested
    • the nature of the employee’s role and level of responsibility
    • the nature of the employer’s industry
    • the consequences for the refusal (e.g. for the employer or any customers, suppliers or patients of the employer)
    • the employee’s personal circumstances, including family or carer responsibilities


    Dispute Resolution Process

    In the event of a dispute over the reasonableness of out-of-hours contact by an employer and/or the refusal by an employee to respond to that out-of-hours contact, the employer and employee must first attempt to resolve the dispute informally at the workplace level. If these informal attempts are unsuccessful, only then may the employer or employee apply to the Fair Work Commission to deal with and arbitrate the dispute.

    Orders that the Fair Work Commission may make in respect of a dispute include:

    • declaration that an employer’s out-of-hours contact with its employees is unreasonable, and/or a declaration that an employee’s refusal to respond to that out-of-hours contact is unreasonable
    • an order directing an employer to stop making unreasonable out-of-hours contact with its employees
    • an order directing an employee to stop unreasonably refusing to respond to out-of-hours contact by the employer
    • an order that an employer stop taking adverse action against an employee because of the employee’s reasonable refusal to respond to out-of-hours contact


    Commencement Dates

    The ‘right to disconnect’ amendments to the Fair Work Act 2009 will come into effect on:

    • 26 August 2024 for all national system employers other than small business employers; or 
    • 26 August 2025 for all national system small business employers (i.e. employers that, when taken together with their associated entities, have fewer than 15 employees).

    Additionally, all modern awards will be varied to insert a ‘right to disconnect’ term by 26 August 2024, with these terms being tailored to explain how the right will apply in practice in relation to the relevant industry and professions covered by the award.

    Industries with specialised ‘right to disconnect’ terms will likely include the medical industries, the legal services industry, and the manufacturing industry (given the use of 24/7 roster arrangements).


    What Does this Mean for Employers? 

    In advance of the new ‘right to disconnect’ amendments coming into effect, employers MUST:

    • identify those employees or classes of employees who will (or are likely to) be contacted outside of working hours from time to time
    • review employment agreements and position descriptions for those employees, ensuring that they contain terms confirming the reasonableness of out-of-hours contact with the employee (and the employee’s requirement to respond to such contact), having regard to the employee’s position, responsibilities and remuneration
    • review and update any relevant existing policies and procedures affected by the new provisions (e.g. any ‘on-call’ policy and any dispute resolution/grievance policy)
    • provide training and instruction to senior managers to ensure they are aware of these new provisions as well as the restrictions they impose in respect of out-of-hours contact with subordinate staff
    • demonstrate increased caution before disciplining or terminating under performing employees who had previously refused to respond to out-of-hours contact (as this protected ground is liable to give rise to a General Protections/Adverse \Action claim)


    For More Information

    Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions team to speak with one of our employment lawyers if you require any assistance or advice in respect of the above and/or any other workplace matters.


    Stewart Gough 
    Principal
    T: (02) 9806 7483
    M: 0458 586 444
    stewartg@matthewsfolbigg.com.au


    Peter Doughman
    Senior Associate
    T: (02) 9806 7412
    M: 0404 020 409
    pdoughman@matthewsfolbigg.com.au


    DISCLAIMERThis article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law.

    Liability limited by a scheme approved under Professional Standards Legislation.



  • 25-Jun-2024 13:26 | Cassidy Lau (Administrator)

    The Newmarket Room is located on the ground floor of The William Inglis Hotel, Warwick Farm.

    Inspired by over 150 years of Inglis History, our award winning restaurant offers a unique and modern culinary experience. The Newmarket Room has a stunning indoor set up that showcases the boutique equine theme and an alfresco dining area that overlooks the gardens and Riverside Stables.

    Centered around a paddock to plate menu that features a range of local produce, The Newmarket Room is open seven days a week for breakfast, lunch and dinner.

    Warm up this winter with our special offer of 1 Main, 1 Side and 1 House Beverage for $39.00.

    Book Your Lunch here



  • 25-Jun-2024 13:20 | Cassidy Lau (Administrator)

    For a competitive fee, Matthews Folbigg Lawyers will review your company’s legal policies and/or documentation and provide our advice and observations in respect of those policies and documentation, for your consideration.

    If required, Matthews Folbigg Lawyers can also assist with redrafting the existing or preparing new legal policies and/or documentation, for a separate fee.

    This offer is only available until 31 July 2024. To take advantage of this offer, or for any further information, please email info@matthewsfolbigg.com.au or telephone on 9635 7966.


    WHY A LEGAL HEALTH CHECK?

    With the regulatory landscape constantly changing, it is important to ensure that your business remains compliant with its obligations. Non-compliance can result in:

    1. increased risk;

    2. damage to the goodwill and reputation of your business; and

    3. significant pecuniary penalties to both the company and its directors.

    The objective of our Business Legal Health Check is to assist in minimising unforeseen legal risks to your business and give you peace of mind. You will receive confidential feedback at the conclusion of our review, which will enable you to assess risk and determine whether any action is required.

    The last thing any business needs is to learn that it has been exposed to potential legal or regulatory implications which may result in adverse consequences, as a result of outdated and non-compliant legal policies and/or documentation.


    WHAT DOES IT COVER?

    Our basic business health check entails undertaking a review of legal policies and documentation of your business, including the following:

    • Consumer law compliance
    • Corporate governance essentials – Company constitution and shareholders agreement
    • Employee contracts, including standard conditions of employment
    • Website terms and conditions, privacy policy and disclaimers
    • Standard trading terms and conditions
    • Structure, including asset protection advice


    MATTHEWS FOLBIGG LAWYERS

    Matthews Folbigg Lawyers has been a trusted legal adviser to Australian businesses for more than 60 years. We understand that it may be overwhelming for business leaders to give the necessary attention to compliance and legal obligations while focusing on the success and growth of business.


  • 25-Jun-2024 12:42 | Cassidy Lau (Administrator)

    Accountancy firm William Buck, long standing member of the Western Sydney Business Connection, organised a dedicated charity night at Sydney Zoo’s GLOW Festival on the 4th of June. The successful event, attended by children and families from various organisations, including Variety Children's Charity, Ronald McDonald House Charity, WhatAbility, and Sydney Children's Hospital Network, underscored the firm’s dedication to making a positive impact in the community.


    John Spencer, Director at William Buck, was delighted about the evening: “We were able to welcome well over 3000 children at no cost to disadvantaged families. When children who are just out of hospital can enjoy an evening like this with their families, that is magical”. He shares the story of one of the visitors, 9-year-old Tommy Adams-Bennett, who is battling Diffuse Intrinsic PontineGlioma (DIPG). As part of the night William Buck donated $10,000 to Run DIPG to help fund research and awareness for this form of cancer. John also praised Sydney Zoo for hosting a spectacular festival that is getting bigger and better every year.

      

    The evening was William Buck’s third charity night at the Sydney Zoo. When asked why the accountancy firm puts so much effort into its charity night John doesn't hesitate:"I was involved in opening the Parramatta office ten years ago and it has always been clear to me that connecting with the community and making a difference is a huge part of our corporate responsibility". He explains that the ethos of giving is not only key to the Parramatta office, but an important part of the firm’s organisational culture. The William Buck Foundation and staff-driven community giving programs have supported and continue to support various charities and causes across Australia and New Zealand.


    Interview written by Jacqueline Clements from Westgate Executive Search



  • 06-Jun-2024 13:57 | Cassidy Lau (Administrator)

    The Connection would like to welcome our newest Gold Member:

    The Leadership Think Tank As a CEO, Managing Director or Senior Executive, you can learn from the experience of others and be kept accountable to do what you say you want to do. In challenging times, it is great to be supported by smart, honest and constructive people who want to see you succeed. Leadership Think Tank brings together the three elements that make the biggest difference to your performance. Together, the total offering is much greater than the sum of the individual parts: Peer Advisory Groups, Executive Coaching and Industry Leading Speakers. These are the most valuable parts of CEO and Senior Executive mentoring and at Leadership Think Tank, they have now been distilled into a highly accessible and compelling package that makes it possible for every leader to gain an unfair advantage.


    The Connection would like to welcome our newest Silver Members:

    Tritech Solutions Tritech Solutions has been a trusted partner for over 20 years (established in 2004) for multiple Government Agencies, Corporate Organisations, and Large-scale Development Projects. Providing custom Electronic Security Solutions, which create secure, safe, and efficient environments. Our involvement extends beyond the initial installation to ongoing support, life cycle replacement and system uplifts. This ensures optimal operational benefit for our client’s facilities.


    The Connection would like to welcome our newest Bronze Members:

    CIB Accountants and Advisers Formerly known as Coulton Isaac Barber, CIB was established in 1985 to provide clients with proactive, personal & professional advice. Since its inception CIB has enjoyed continued growth & is committed to becoming the number one accounting firm in Western Sydney by delivering on our promise & providing a holistic approach for the financial needs of our clients.  CIB are professional chartered accountants & advisers, registered tax agents, registered auditors and financial planners with offices operating in Parramatta Sydney & Penrith.

    dVT Group - dVT Group is a specialist accounting and advisory firm that helps individuals and businesses through our services in Business Turnaround, Business Strategy, Corporate & Personal Insolvency and Investigations and Forensic Services.

    Judo Bank - Judo Bank is the relationship-driven bank that’s built for small and medium businesses. Our relationship-led model puts people back on the balance sheet, so your business can benefit from banking as it used to be, as it should be. That means we get to know both you and your business from the beginning, so that we can assess on the character of the business owners, not just credit scores.

    Wealth of Advice - We are a Financial Services Firm who would like to team up with you in not only the financial areas of your life but also in all the other areas where you may be needing sound advice, direction, and guidance. We are partners with you every step of the way.

     

    The Connection would like to welcome our newest Small Business Members:

    CDC Building CDC Building are a team of highly experienced professionals with complementary skill sets who enjoy nothing more than sharing our enthusiasm, dedication, and expertise with our clients. CDC Building have been delivering the high-quality fit outs, building works, refurbishment & Maintenance projects in the Commercial, Domestic, Retail, Health, industrial & education sectors for years. A specialist building and management firm, we take a holistic approach to deliver customized solutions catering to our clients unique & individual requirements. Our strengths lie in our comprehensive understanding of the construction industry, and the processes involved in seeing our projects through from concept to completion. Using our insight of experience in construction and design, we guide and support clients in achieving a quality project, With longevity and value in mind.

    Embedded Logic Solutions For more than 10 years, Embedded Logic Solutions Pty Ltd has been supporting ANZ design engineers with ‘State of the Art’ Hardware and Software EDA tools as well as End-to-End prototyping solutions from world renowned manufacturers and vendors. Coming through a roadmap of strategic alliances and business milestone achievements, consistently focused on the R&D and prototyping phases of product manufacturing, we have come to the unique position of offering our ANZ customers the one stop shopping node for their increasingly demanding prototyping requirements.

    Planwave  Planwave are an urban planning consultancy that help our clients navigate the complexities of the planning system throughout all stages of their development journey. We provide a wide array of services including, planning advice, exempt and complying development, development applications, strategic planning, and expert representation at the Land and Environment Court.

    Xmirus Xmirus Pty Limited (XMIRUS) is a boutique professional management consultancy offering a range of specialist advice and consultancy services to the property, construction and events industries. We are a company committed to adapting to meet each Project and Clients individual needs and unique requirements. We work collaboratively to Deliver Success with integrity and navigate the multitude of complex interactions between Clients, Authorities, Financiers, Designers, End Users, and Other Stakeholders for a Project’s Total Life-Cycle – from Concept through Commissioning to Completion and Close-Out. Our core services offering includes Total Cost Management, Peer Review Services, Quantity Surveying, Commercial Management, Independent Certifier Roles, Expert Witness & Dispute Resolution and Project Advisory.


    Looking to connect with fellow members? Let The Connection be your guide! Reach out to us today to explore how we can facilitate those introductions for you.


  • 02-Jun-2024 13:08 | Cassidy Lau (Administrator)

    Introducing the second edition of the Western Sydney Business Connection's 'Meet the Member' Series: our ongoing initiative that shines a spotlight on our diverse and dynamic members. Through this series, we delve into the stories behind their businesses, celebrate their achievements, and share their unique insights. Stay with us as we feature more members, welcome new faces, and strengthen the bonds within the Western Sydney business community.


    Meet Pullman, Novotel and Ibis
    Sydney Olympic Park


    Accor's Sydney Olympic Park hotel precinct offers winning conference and event options at its Pullman, Novotel, and Ibis hotels. With 545 accommodation rooms and over 1700m2 of space across 19 meeting and event rooms.


    With over 430 hectares of natural beauty throughout the parklands and world-class venues, Sydney Olympic Park is truly built for events and is perfect for corporate stays. Located under 30 minutes from the Sydney CBD and Sydney Airport, Sydney Olympic Park is easily accessible by rail, coach, ferry, or car.

    Our exclusive event spaces and packages are designed to be flexible, allowing you to bring your unique vision to life. We empower you to create the perfect setting for your event.


    Sydney Olympic Park Events | Business Hotel Sydney Website

    Meetings and Events At Sydney Olympic Park | Accor Novotel Sydney Olympic Park Website

    Don't miss out on our fantastic offer! Book your next meeting or event before June 30, 2024, with the event held between June 1 and July 31, 2024, to receive a generous 24% off. It's our way of rewarding you for choosing us.
    Plus, ask about our special corporate rates on offer.

    Contact Jasmine Camilleri, Senior Business Development Manager, MICE - M:+61 408 779 024 or E: jasmine.camilleri@accor.com, to assist with your enquiry or further details.


    MEETING PLACE OF CHAMPIONS - RECEIVE 24% OFF!

    SAVE 24% AT PULLMAN AT SYDNEY OLYMPIC PARK

    SAVE 24% AT NOVOTEL SYDNEY OLYMPIC PARK




    Seeking connections with our members? Reach out with The Connection to learn how we can help facilitate those introductions for you.


  • 23-May-2024 13:27 | Cassidy Lau (Administrator)

    This year, the true stars of Northcott’s Winter Campaign are Gabrielle and her dedicated Northcott Support Worker, Mele.


    Gabrielle is a 25-year-old baking enthusiast who loves baking cakes and sweets that are simply extraordinary. While she has a Cert II in baking, she faces many challenges in securing a job as a baker.

    Prospective employers have overlooked her abilities due to their misconceptions about people with disability. But without a job, Gabrielle will not have the opportunity to get her full qualifications or achieve her career goals.

    Despite these challenges, Gabrielle remains determined to work at a bakery. Gabrielle met Mele, her support worker at Northcott's Work & Study program. With Mele’s support, Gabrielle has now become more confident and independent.

    Mele encourages and motivates Gabrielle and supports her in preparing for mock interviews and all other aspects of job hunting. Through the Work & Study program, Gabrielle has developed excellent customer service skills, honed her barista skills, and gained invaluable experience in event catering, budgeting, and menu planning.


    Gabrielle’s story is just one of many. Like Gabrielle, many young adults with disability need access to personalised learning programs that cater to their individual learning needs.

    A recent report published by the Australian Institute of Health and Welfare highlights the stark reality for young adults with disability. According to the report, young adults with disability have a lower employment rate (48%) than those without disability (80%).

    Northcott aims to change that narrative by providing personalised support and vocational training, equipping young adults like Gabrielle with the skills and confidence needed to secure employment.

    This is where you can help! Your donations mean we can extend our Work & Study service to more young adults with disability. Additionally, your generosity allows us to enhance the program with new equipment like assistive technology, hearing loops, SMART Boards, and sensory spaces.

    Together, we can build a more inclusive society where everyone can pursue their dreams and contribute meaningfully to the workforce.

    Watch Gabrielle’s charming story here and share it with your network. When you donate now, you will also receive a personalised email from Gabrielle, updating you on her journey to finding a job at a bakery.

    Thank you for your generosity and for making dreams a reality. We are very grateful.

    Donations can be made here

    The Northcott Team



  • 30-Apr-2024 14:07 | Cassidy Lau (Administrator)


    Join us on Sunday 12 May 2024  for a luxurious Mother’s Day High Tea located at The William Inglis Hotel. Upon arrival, you will be greeted with your choice of sparkling wine, orange juice or mineral water, followed by unlimited tea and coffee, and centerpieces filled with sandwiches, pastries and sweet treats to share.

    Let’s not forget about the little ones! Children under 12 will receive their own high tea filled with kid friendly favourites.

    To make the day even more special, a portion of your tickets will also be donated to Liverpool Hospital’s Nursing and Midwifery Ward. Celebrate with live music and market stalls of goodies available for purchase.

    Event: Mother’s Day High Tea

    Venue: The William Inglis Hotel

    2 Sessions Available:

    Morning Tea: 10:00 AM – 12:00 PM

    Afternoon Tea: 2:00 PM – 4:00 PM

    Tickets:

    $75.00 per adult
    $45.00 per child

    Book Your Tickets Here




  • 30-Apr-2024 12:39 | Cassidy Lau (Administrator)

    By Jack Qi

    This article was first published in Startup Daily

    (Note: the following are general observations only and do not constitute tax advice)

    News of Macquarie Bank writing off its $46m investment into software company Plutora brought to light the devastating impact that denied Research and Development (R&D) tax incentive claims can have on a startup. Whilst the exact circumstances of Plutora’s situation is not known to members of the general public, articles in the news quote the founder as attributing the recent disruption to Plutora’s operations as having been triggered by the Australian Taxation Office unexpectedly denying the refundability of the company’s past R&D tax incentive claims.

    The point of contention

    At first glance, the apparent trigger for the ATO challenging Plutora’s prior year R&D tax incentives is not actually to do with the merits of its R&D activities. It seems that it has to do with a little understood tax concept called ‘aggregated turnover’, and whether Plutora’s figure was less than $20m.

    Essentially, the tax rules say that only companies with revenues of less than $20m are entitled to the refundable version of the R&D tax incentive. For other companies, their R&D incentive is non-refundable i.e. its only use to the company is reducing its tax liabilities, which is cold comfort for loss-making tech startups who don’t have a tax liability in the first place.

    Whilst it is usually fairly easy for a startup to determine whether its revenues are less than $20m, this issue gets much murkier for companies with major shareholders who either have significant revenues themselves or own significant stakes in other companies with significant revenues.

    Without getting overly technical, the aggregation of revenues occurs where there is a common 40 % direct or indirect ownership interest. Making this issue even more tricky is the fact that ownership interest in this context could mean dividend rights, capital rights or voting rights. So, it is theoretically possible for a startup to have multiple related parties whose revenues are aggregated together with the startup.

    A rule of thumb for startup founders and CFOs is that whenever a shareholder’s interest reaches 40 %– and this includes the founder – tax advice should be sought on how the shareholder’s revenues and other investments affect the startup’s R&D tax incentive.

    Why is tax even relevant?

    “Startups usually make losses, so why is tax even relevant to the R&D claim?” I hear you say. The reason why tax has a profound impact here lies in the name, the R&D tax incentive. The relevant rules are mostly found in the Tax Act, which means a company’s tax affairs affect its R&D rebate, and its R&D rebate affects its tax. Put simply, a startup should never consider the R&D tax incentive in isolation whilst ignoring tax issues.

    Other common pitfalls

    ‘Aggregated turnover’ is joined by a lengthy list of other common landmines when a startup makes an R&D tax incentive claim. Here are a handful of common ones, in no particular order:

    • For R&D expenses incurred to related parties, an R&D rebate only arises if the expenses have been paid before the end of the financial year as opposed to merely being owed to the related entity

    • R&D expenses already reimbursed by another government grant, such as the Accelerating Commercialisation grant that was recently rebranded to the Industry Growth Fund, and the MVP Grant, cannot be claimed again for the R&D tax incentive

    • Where a startup’s development work is done by an Australian contractor, but the actual work is performed overseas, there this generally no eligibility for the R&D tax incentive unless an ’Overseas Finding’ is obtained before the end of the financial year. Such findings are generally very difficult to obtain for software development work. Unfortunately, many startups do not ask their contract developer the right questions and get caught out

    • Where a startup has a group of companies, if the companies are not structured correctly for tax purposes then R&D eligibility will suffer

    • Poor substantiation of expenses is one of the most common reasons for R&D claims being struck down. In an ATO review or audit, you can be assured that the ATO will ask for timesheets for the wages component of the R&D expenses. Remember, timesheets are ‘Boring but important.’

    In addition to the ATO, startups must also satisfy the requirements of AusIndustry, the government body that assesses the R&D claim from a technical/scientific perspective. AusIndustry has the power to direct the ATO to deny R&D claims where it finds any of the following common deficiencies:

    • The R&D hypothesis is weak or too general

    • The R&D is focused on something commercial in nature as opposed to technical, for example, if the R&D is on whether your customer will like your product, it could easily be rejected by AusIndustry

    • The R&D ’Core activity’ is focused on marketing, mining, social sciences, reverse engineering or complying with statutory standards. You may think ‘None of these apply to me’, but as an example, last year we were asked to help a fintech company whose self-prepared R&D claim got denied by AusIndustry because instead of focussing on software development the claim was focused on financial market behaviour and therefore economics, which is a social science that is not eligible.

    Quality is key

    A common misconception is that once a startup receives the R&D incentive in its bank account, it must all be okay. It then comes as a rude shock to learn that the ATO generally has 4 years, and sometimes more, to challenge an R&D claim. There is no secret to avoiding all this trouble, take the time and prepare the best R&D claim that you can, don’t be afraid to ask uncomfortable questions and make doubly sure that your R&D advisor understands your tax.

    If you believe your company may need help with the R&D tax incentive, now is the time to speak to your local William Buck tax specialist.

    Find out more




  • 30-Apr-2024 12:38 | Cassidy Lau (Administrator)

    By Nicholas Mirarchi

    In the dynamic world of manufacturing, where innovation, efficiency and collaboration are paramount, the significance of fostering a motivated and engaged workforce cannot be underestimated.

    We find that corporates may not consider certain tools that exist to help align the interests of employees with the long-term success of a business. One of these tools is the employee share scheme (ESS), which can be relevant for start-ups and mature companies.

    An effective and well-crafted employee share scheme is a powerful tool for recognising, retaining and rewarding talent, whilst engaging a culture of ownership and commitment. Having an advisor with a sound and commercial understanding of these tools, and the needs of your business, is crucial when embarking on a journey looking to implement an ESS.

    An employee share scheme can come in a variety of forms, each with its own tax implications for the employee. The financial outcomes for the employee need to be modelled so that they understand the value proposition.

    An option plan

    One common type of ESS is the option plan, where employees are granted options to acquire shares at a predetermined price after a specified time, or once performance conditions are satisfied. Typically, the taxation of these plans occurs at the time the options are exercised, but depending on how the plan is drafted, this may also be deferred until an exit event such as a share buy-out.

    Our experience is that option plans are particularly effective in closely held companies, as they help in retaining key staff over the long term and maintaining their commitment to the underlying business. An effective option plan is one that goes hand in hand with an overarching remuneration strategy.

    For option plans, the employee is taxed on the difference between the market value of the shares at exercise and the exercise price. We find a key factor in obtaining employee buy-in is whether the option plan has been appropriately modelled and communicated. There are also tax concessions available in specific circumstances that further bolster the value of the plan and provide significant tax benefits to employees.

    A share plan

    Alternatively, the popularity of the share plan, where the employee is granted shares outright but with certain restrictions such as vesting periods or performance goals like an option plan, is on the rise. Share plans are generally taxable at the time they are granted but it is sometimes possible to defer this tax when the plan is offered to a broad number of employees and certain restrictions exist on vesting. These plans are most effective when coupled with a sound shareholder agreement.

    Like option plans, the market value of the shares is treated as taxable to the employee, reduced by any amount that the employee paid to acquire the shares.

    Only one tool in the remuneration strategy

    An ESS is only one tool in demonstrating a company’s commitment to recognising and rewarding the contributions of its workforce. By providing employees with a stake in the company’s performance, businesses can foster a sense of ownership and accountability, driving productivity and innovation. The potential financial benefits of participating in these schemes can also enhance employee determination and satisfaction, leading to higher levels of loyalty.

    Key management staff play a crucial role in shaping the strategic direction and success of manufacturing businesses. Along with a sound remuneration plan, an ESS can be particularly effective in attracting and retaining top talent for the long term. By offering non-cash incentives tied to performance goals and company objectives, businesses can incentivise management to drive growth and profitability, while simultaneously reinforcing a culture of collaboration and teamwork.

    A well-designed ESS can represent a strategic tool for manufacturing businesses looking to thrive in today’s competitive landscape. It must always address the unique needs of the company. By tapping into the skill and knowledge of an experienced advisor to help model, implement and execute a tailored plan, companies can unlock the full potential of their workforce.

    The takeaway for manufacturers

    An ESS can be particularly beneficial to manufacturers in the following circumstances:

    • Attracting board level expertise where there is a desire to grow the business over the long term into new markets or product offerings. We have found in these circumstances an ESS helps provide certainty to both parties of what success will look like and ensures a sense of continuity in key expertise around the board table.

    • Attracting or retaining key technical expertise where there is a skill shortage for a particular technical skill. This has been common within the post-covid period and we have found an ESS to provide a point of difference in remuneration packages, with the potential for more upside for the individual over the long term as compared to a bonus-based structure.

    • Achieving key business performance indicators where the success of the business, or a new product offering, is dependent on the collaboration of one or more technical staff members. Having an ESS in place can ensure a cohesive and collaborative environment and allow staff to participate in the upside of their success.

    • Succession planning in family operated businesses is where an ESS can serve as another alternative within a manufacturing business. By enabling staff to gradually acquire ownership stakes in the company over time, businesses can cultivate a pipeline of future leaders. This helps strengthen the fabric of the company culture, a sense of camaraderie and a shared purpose at all levels.

    If you are interested in understanding how an employee share scheme could apply to you or want to discuss the effectiveness of your overarching remuneration strategy, William Buck’s advisory team will be more than happy to discuss your needs and become part of your journey.

    Find out more



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