On 23 May 2008 a Workplace Relations Ministers' Council (WRMC) meeting in Brisbane agreed on a set of principles that will guide the development of a uniform national workplace relations system.

State and federal industrial relations ministers unanimously agreed on the principles which will see all governments commit to a national workplace system built on key pillars, including:

• a strong safety net of minimum standards,
• collective bargaining at the workplace level,
• protection from unfair dismissal and
• fair and effective remedies through an independent umpire.

NSW Industrial Relations Minister, John Della Bosca reported that at the WRMC meeting the Deputy Prime Minister, Julia Gillard, had given an undertaking to provide the States and Territories with draft legislation on a substantive bill to replace Work Choices in October.

'There was agreement on the development of an Inter-Government Agreement to provide assurance to the States and Territories of the on-going management of a national system and the consultation required to make future changes to legislation', the Minister said.

'Importantly, Julia Gillard listened carefully to NSW's commitment to co-operating in the development of a national system through harmonisation.

'As well as the important role State and Territory agencies have to play in terms of an independent umpire and the setting of a broad safety net for workers', Mr Della Bosca added.

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The NSW Government appeared at the Australian Industrial Relations Commission's public consultations into award modernisation on 28 May 2008. Under federal law, the Commission has responsibility for creating a system of modern awards that will take effect from 1 January 2010.

In its submission, the NSW Government stressed the importance of using thorough and proven processes to create modern awards. The Minister for Industrial Relations, John Della Bosca, recommended test cases in specific industries and warned that an award flexibility clause would need to include adequate safeguards for employees.

'Any modernisation process must retain a strong, effective and relevant award system, together with an independent tribunal with broad powers', the Minister said.

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Unions NSW filed a State Wage Case claim seeking a 4.5 per cent increase in NSW award rates of pay on 31 January 2008.

On 11 April 2008, the NSW Government submission to the NSW Industrial Relations Commission sought a weekly increase of $20 to award wages.

The New South Wales Government is committed to working with industrial parties to ensure that the state continues to provide a fair and balanced safety net for award-reliant workers while maintaining a healthy and stable economy.

The number of employees who are reliant upon the State Wage Case for an increase in their weekly rate of pay is estimated to be between 187,000 and 252,000.

The State Wage Case hearings took place on 13 and 14 May 2008 and a decision is expected to be handed down soon.

The outcome of the hearings will be reported in Your Workplace Online.

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The Federal Government has asked the Productivity Commission to inquire into the economic and social costs and benefits of paid maternity, paternity and parental leave.

The Productivity Commission will explore the extent of paid parental leave provided by employers in Australia and identify models of paid parental leave that could be used in Australia.

The Commission is required to assess those models for their potential impact on:

the financial and regulatory costs and benefits for small and medium-sized businesses,
the employment of women, their workforce participation and earnings and the workforce participation of both parents more generally,
the work/family preferences of both parents in the first two years after the child's birth
the post-birth health of the mother,
the development of young children, including the particular development needs of newborns in their first two years and
relieving the financial pressures on families.

An issues paper and information on how to make a submission are available through the Productivity Commission  website.

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Monday 9 June 2008 is the Queen's Birthday public holiday.

There are no restrictions on shops opening on Monday 9 June 2008. Employees who work on the Monday must be paid the appropriate penalty rates for working on that day.

Sunday, 8 June, is an ordinary Sunday trading day. Employees who work on the Sunday must also be paid the appropriate penalty rates for working on that day.

For information on rates of pay on public holidays phone 131 628.

For more information on NSW awards, please visit: Awards Online.

More information on pubic holidays, please visit: NSW public holidays.

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The World Youth Day event is being held in Sydney from Tuesday 15 to Sunday 20 July 2008. It is expected to be the largest event Australia has ever hosted, attracting over 125,000 international visitors to Sydney.

World Youth Day is a week-long series of events attended by the Pope. Sunday 20 July 2008 is the actual World Youth Day.

The World Youth Day event is not covered by a Public Holiday but the influx of visitors to the Sydney Central Business District may mean that some employers might wish to consider making alternative business arrangements over this period.

Employers may need to consider staffing arrangements for the week of World Youth Day. In some cases (depending on transport restrictions) the ability of their employees to attend their workplace may be affected.

Rostering and employment of additional staff may have to be considered in the hospitality industries.

Any additional hours worked are subject to the provisions of the relevant award or workplace agreement re payment of overtime or penalty rates.

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Justice Roger Boland was sworn in as President of the Industrial Relations Commission of New South Wales and the Chief Judge of the Industrial Court of New South Wales on 9 April 2008.

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The Office of Industrial Relations is introducing RSS news feed technology on its website for 130 of the most frequently used NSW industrial awards to help clients keep up to date. RSS feeds notify you when new content has been added to a website.

The Office of Industrial Relation's email-based Pay Rate Update service currently has over 90,000 subscriptions. The new RSS feed service bypasses email problems, streamlines the process and hands selection and control of information alerts back to our clients.

For those unfamiliar with RSS technology, a link follows to explanatory information: What are RSS Feeds?

To subscribe to awards via RSS, please visit: Pay Rate Update RSS Feeds.

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Question: How do I determine which industrial relations system applies to my workplace?

Answer: If you work in a business which is a sole trader or a partnership (an unincorporated business) the NSW industrial relations laws apply.

Federal industrial relations laws apply to all businesses defined as 'constitutional corporations', generally known as Pty Ltd or Ltd companies.

A constitutional corporation is a body incorporated under an Australian law and engaged in, or substantially engaged in, trading or financial activities. Generally, these are companies which carry out commercial activities with a view to earning revenue. Incorporated associations and co-operatives may also be constitutional corporations if they have trading or financial activities.

The Office of Industrial Relations has developed an online tool to assist in determining which jurisdiction businesses fall in. Type in a business name or Australian Business Number (ABN) and you will receive information outlining the jurisdiction for your business.

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Question: I would like to know if Annual Leave is cumulative from year to year?

Answer: The Annual Holidays Act 1944 provides full-time and part-time NSW employees with an entitlement of four weeks paid leave for every year of completed service.

An employee is entitled to their four weeks annual leave for each twelve months of employment which falls due on the anniversary date of employment.

Employers must approve leave within six months of it falling due, and it must be taken by the employee. The written consent of the Industrial Registrar must be obtained to postpone an employee's annual leave beyond that six-month period.

On termination of employment, an employee who has been employed for more than one year must be paid any annual leave entitlement not taken. They must also be paid a pro-rata payment for the period from their last anniversary date to the last day of their employment.

If they have been employed for a period of less than one year, a pro-rata payment calculated from the commencement date of employment must be paid.

The employer is required to give the employee four weeks notice of the requirement to take the annual leave.

The Annual Holidays Act applies to all employees in NSW except the following:

1. employees covered by Federal awards
2. employees entitled to more beneficial entitlements
3. under NSW industrial awards or agreements State and Federal public servants
4. Employees specifically excluded by another State or Federal statute.

For other details regarding annual leave, please see: A guide to annual leave entitlements.

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Question: I have been working with my current employer for less than three months and took a sick day. I was not paid for this day, but am I eligible to be paid for this day after the three months are up?

Answer: If you are working under a NSW award it is likely that your award will state that payment for any absence on sick leave during the first three months of employment may be withheld by the employer until you complete three months of employment, at which time the payment shall be made.

To check details of NSW state awards see Awards Online. The Office of Industrial Relations website also has a page of general information on awards. For telephone assistance please call: 131 628.

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The Office of Industrial Relations will be conducting the following workshops during June - December 2008. Please see the website for more details or contact Workplace Advice on 9020 4612.

Industrial Relations in NSW - 3 hours
Castle Hill, Sydney CBD, Taree, North Ryde, Gosford, Liverpool, Nowra, Scone, Parkes, Sutherland, Wollongong, Newcastle, Gunnedah, Queanbeyan, Batemans Bay, Wagga Wagga, Coffs Harbour, Dubbo

Recruit and retain staff - 4 hours
Sydney CBD, Castle Hill, Parkes, Taree, Lidcome, Scone, Liverpool, Gunnedah, North Ryde, Nowra, Wollongong, Newcastle, Queanbeyan

Managing employees - problem free workplace - 4 hours
Bowral, Maitland, Gloucester, Bankstown, Armidale, Newcastle, North Ryde, Liverpool, Sydney CBD, Lidcombe, Wollongong, Gosford, Nowra, Queanbeyan, Taree, Ballina, Sutherland, Dubbo

Workplace policies - write your rules - 4 hours
Burwood, Kogarah, Gloucester, Maitland, Port Macquarie, Wollongong, Campbelltown, Newcastle, Castle Hill, Lidcombe, Batemans Bay, Wagga Wagga, Armidale, Liverpool, Wollongong

Workplace negotiations - 6 hours
Nowra, Newcastle, Sydney CBD

Workplace arrangements - understanding awards and agreements - 3 hours
Bowral, Campbelltown, Port Macquarie, Ballina, Maitland, Armidale, Newcastle, Gosford, Sydney CBD, Sutherland, Wollongong, North Ryde, Taree, Lidcombe

Employing clerical staff - 3 hours
Bowral, Parramatta, Newcastle, Wollongong, Batemans Bay, Sydney CBD, Castle Hill, Lidcombe, North Ryde, Queanbeyan

Employing staff in kindergartens - 3 hours
Wollongong, Maitland, Newcastle

Employing staff in the building and construction industry - 3 hours
Newcastle, Coffs Harbour, Sydney CBD, North Ryde

Employing staff in hair & beauty - 3 hours
Wollongong, Nowra, Sutherland

Employing staff in social and community services - 3 hours
Newcastle, Chatswood, Sydney CBD, Ballina, Armidale

Please see the OIR website for further information. Booking is available online, or to speak to a workplace advisor please call 9020 4612 or email win@oir.commerce.nsw.gov.au.

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The Office of Industrial Relations has launched a video competition for Year 7 -10 NSW secondary school students.

The competition is designed to encourage young people to have fun while learning essential information about starting work.

Individuals and schools who enter will be in the running for several cash prizes.

Information for students starting work can be found on the Young People at Work website.

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Office of Industrial Relations inspectors have conducted extensive compliance campaigns across the state. Over 3 million dollars have been recovered so far this financial year for employees who have been paid incorrect wages as well as non-payment of penalties and overtime.

Inspectors reported that the majority of businesses comply with industrial relations laws. Where breaches were identified, corrections and payments were made promptly in the overwhelming majority of cases.

Industrial relations responsibilities and rights can be checked on the Office of Industrial Relations website or via the following:

For businesses in the NSW jurisdiction, please phone: 131 628
For businesses in the Commonwealth jurisdiction: 1300 363 264

Unsure of which jurisdiction you come under? Look on the OIR website.

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The Office of Industrial Relations community relations program delivers a range of presentations and information sessions to vulnerable job seekers and employees throughout NSW. Over the next 6 months the program will include presentations on the following:

• workplace rights & entitlements in NSW (e.g. pay and holidays)
• what you need to know when you are looking for work or have been offered employment
• information about Award conditions for various types of work, including child care, clerical, hair & beauty, hospitality, metals industry, and social and community services.

Presentations are held in a variety of locations including TAFE colleges, schools, youth and cultural centres. The presentations are suitable for young people, women returning to study and work, or those from culturally and linguistically diverse communities.

To book one of these presentations please email crt@oir.commerce.nsw.gov.au or call 9020 4577.

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A forum on 16 June 2008 will bring together Australia's leading labour law researchers and practitioners to debate the fundamental question 'what should an industrial relations system seek to achieve in contemporary Australia?'

The discussion will include: a distillation of the lessons from previous industrial relations reform experiences; assessment of the current direction of the industrial relations reform; and identification of the critical details that the Forward with Fairness legislation needs to contain if it is to be successful in promoting equity and efficiency at work.

Cost is: $66. Please follow the link to register online.

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Workplace Information Survey Winner!
Congratulations to Yaling from Northern Sydney. Yaling is the lucky winner of a $100 gift voucher for her participation in the Workplace Information Survey in the March 2008 edition of Your Workplace Online.

We are pleased that the new "look and feel" of the newsletter has been received positively.

Thank you to all participants for your suggestions for improvements to the newsletter. You will notice changes to the newsletter in this and successive issues that are as a result of your feedback.

Please send your feedback and questions to library@oir.commerce.nsw.gov.au

If you cannot view the images in this email, click here to view it online.

The next issue of Your Workplace Online will be in September 2008.

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