AUSTRALIAN CHAPTER

Equity compensation is increasingly popular among employers as a means to attract and retain talent, with 72% of companies offering some form of it, according to a Morgan Stanley survey. Stock options, restricted stock units (RSUs), and employee stock purchase plans (ESPPs) are three common types of equity compensation, each with its own tax implications and considerations for employees. While these perks can offer potential financial rewards, there are risks involved, such as stock price fluctuations and tax complexities, prompting experts to advise careful planning and consideration of individual financial goals.

Employee Share Schemes (ESS) are instrumental in Australian companies, fostering teamwork and growth by granting employees equity ownership. This comprehensive guide explores the nuances of ESS implementation, covering stock options, restricted stock units (RSUs), and employee stock purchase plans (ESPPs), offering practical insights for navigating regulatory requirements and fostering a culture of ownership. By tailoring ESS programs to align with organizational goals, providing clear communication and education, and evaluating effectiveness over time, companies can maximize the benefits of ESS, enhancing employee engagement, retention, and organizational performance. Additionally, exploring emerging trends such as technology integration and alternative performance-based incentives presents opportunities for innovation and growth in ESS implementation.

Gallup reports that 22% of Americans in 2023 fear job displacement due to AI and emerging technologies, up from 13% in 2017. Although upskilling is crucial for adapting to technological changes, low employee engagement hampers the desire to learn new skills, suggesting that expanding employee ownership could motivate workers by giving them a stake in their company's success. Amid rising income inequality and cost of living, employee ownership offers a bipartisan solution, enhancing engagement and financial security while encouraging upskilling to counteract labor market polarization.

Boeing's CEO Dave Calhoun and former Executive Vice President Stan Deal, despite announcing their departures amid scrutiny over manufacturing flaws, stand to collect a combined $45 million in compensation. They won't likely face internal clawback policies since they weren't fired due to quality management issues. However, shareholders are expected to approve a proposal tying executive compensation to safety improvements, as Boeing faces intense scrutiny following incidents like a door panel detaching from a 737 Max 9 jet. The company's compensation structure is being retooled, and leadership changes are expected to address concerns and improve performance.

Imagine getting a job offer from your dream company, but they refuse to disclose the currency of your salary—this is how the startup equity compensation market often operates. Employers offer stock options or RSUs without revealing the total number of company shares, leaving employees uncertain about their actual ownership stake. Current regulations do not require startups to provide comprehensive valuation information, leading to an overestimation of equity grants and undermining the high-tech labor market's competitiveness.

EY's 2024 Mobility Reimagined survey reveals that only 25% of employers have fully developed mobility functions, despite 64% of employees expressing a higher likelihood of staying after long-term global assignments. Companies face increasing cross-border risks, with 71% of respondents noting heightened challenges, including tax/regulatory and data privacy risks, highlighting the need for robust policies and integration of mobility functions to attract and retain top talent and ensure business resilience.

Australia is trailing behind the US and advanced European economies in implementing employee share schemes, as revealed by the first global survey spearheaded by tax partner Shaun Cartoon and lawyer Eileen Liu. Conducted by a team of specialists from Arnold Bloch Leibler, Baker McKenzie, KPMG, and Tapestry Compliance, along with issuers and academics, the survey measured operating environments across 26 countries. Australia's complex tax rules and regulatory constraints on unlisted companies have hindered the scaling up of share plans, with tax incentives playing a significant role in decision-making for companies.