There is an APEC public holiday for people who work in Sydney on Friday September 7, during the Asia-Pacific Economic Co-operation (APEC) Summit.

This is the first time such an important meeting of international leaders will have been held in Australia, involving Presidents and Prime Ministers from around the world, including Russia, China, the United States and Japan.

There will be thousands of support staff in Sydney at the time of the Summit, as well as delegates and media.

A public holiday was declared to help minimise disruption and to make sure that there will be less traffic than usual in the Sydney metropolitan area. This will make it easier for visitors to the Summit and the general public to move around the city.

Who is covered by the APEC public holiday?
The APEC public holiday only applies to people who work in the Sydney metropolitan area, including the Penrith, Camden and Campbelltown council areas.

Will you get the APEC public holiday?
The APEC holiday will be treated like any other public holiday for you if:
   1.  you are a permanent employee
   2.  your normal place of work is located inside the APEC public holiday areas
   3.  your award or workplace agreement allows for public holidays in NSW, and
   4.  your employer asks you to stay at home on that day.

This means that you are eligible to get the APEC public holiday and if you don't work on that day, you should be paid your normal day's wages.

What if your employer asks you to work on 7 September?
If you are entitled to the APEC holiday but your employer needs you to work on that day, you should be paid at the public holiday rate - any appropriate additional payments that are in your award or agreement.

Check with your employer
If your place of work is inside the APEC public holiday areas it's a good idea to check with your boss so you'll know what will happen at your workplace on 7 September.

More Information
For workers under the State IR system, call the Office of Industrial Relations on 131 628 or visit www.industrialrelations.nsw.gov.au

For workers under the federal Work Choices system, call the Workplace Information Line on 1300 363 264.

For general information about arrangements for the Summit
You can go to the APEC website - www.apec2007.org
You can call the APEC Hotline on 1300 273 201
Press 1 for information on trains, buses and ferries; Press 2 for information on Sydney roads; and Press 3 for all other questions

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In June this year OIR recovered nearly $3000 in wages for two junior employees under the NSW child employment laws, the first wages recovered by OIR using these new laws.

These laws ensure that all workers, even those under the federal Work Choices system, who are under 18 years of age are treated fairly. They must now receive at least the same wages and entitlements as they would under the State award for the same type of work.

In this case, two junior employees working for a catering contractor were not receiving as much pay under their registered Australian Workplace Agreements (AWAs) as they would have received under the relevant State award (the Club Employees Award).

After discussions with the employer's book keeper and accountant, a total adjustment of $2,865 was made to cover the three month period when the underpayment occurred.

This underpayment was discovered during a routine workplace assessment by an OIR inspector, undertaking a compliance program on the South Coast.

Junior wages recovery after a complaint to OIR

The OIR also recovered $444.83 in wages for a junior shop assistant under the NSW child employment laws in June.

In this case, the discovery of the underpayment came from a complaint made by the junior worker's mother.

The 16 year-old woman, Ms A, had worked on a casual basis for seven weeks in a bakery where none of the workers received regular or correct payments. At the time of the complaint, made by her mother, Ms A had not received any pay for three weeks of work.

This case was resolved out of court and that is how most of the problems are sorted out between workers and their bosses with the help of OIR.

However some employers refuse to fix what is wrong. If they continue to ignore attempts by OIR to get them to do so, they could end up in court and eventually have to pay a lot of money.

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If you know someone who thinks they may have been underpaid or haven't been given their correct entitlements, they should take the following steps:

Step 1 - Discuss the matter with their employer, who may have made a genuine mistake and be happy to rectify the problem.

Step 2 - Contact OIR on 131 628 and talk to a customer service officer who can provide information about the pay rates and entitlements they should be getting. Once they have this information, they should then discuss the matter again with their employer.

Step 3 - If this doesn't resolve the issue, they can put a complaint in writing to the OIR - making sure to include as much information as they can and also copies of any paperwork that their employer may have given them. They can send this in a letter to OIR or fill in an OIR complaint form and send the completed form to OIR along with any relevant paperwork from their employer.

To obtain an OIR complaint form, call the contact number above.

Complaining about a previous employer

It is important to make a complaint within six months of leaving the workplace where the problem happened. After that time, OIR may not be able to investigate the problem.

However, OIR can still help the person who wants to make a complaint (the complainant) with information and provide them with a copy of the Resolving Industrial Complaints kit. The complainant will then have to take their own action.

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Many small businesses rely on their accountants for important business and financial information. OIR offers a short course on Industrial Relations for Accountants, which is also suitable for business owners and employers.

The course outlines key industrial relations legislation, and explains the differences between state and federal laws.

We are keen to find out if there is interest in this course being presented in Vietnamese and Chinese.

If you have clients who are small business owner/operators, employers or accountants and you think they would be interested in a community language version of the above presentation, please email the Community Relations Team and let us know.

These workshops would be held on a weekday, after working hours.

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The OIR offers a range of free one-day courses in English for employers and business operators to help them understand industrial relations and human resources issues. These courses are offered at a range of venues throughout New South Wales.

OIR presenters have a wide range of experience in providing professional employment and workplace advice and training. They have held positions such as industrial relations consultants, national trainers, representatives of employer associations and unions. All presenters have specialist knowledge of NSW and federal industrial relations laws and awards.

The following free courses are now open for enrolment:

• Industrial Relations in NSW - Rights and Responsibilities
• Workplace Arrangements - Understanding Awards & Workplace Agreements
• Employing Staff

The OIR also offers some short courses and workshops for a small cost, including:

• Recruitment, Retention and Termination - from start to finish
• Managing Employees - problem-free workplaces
• Workplace Policies - write your rules
• Workplace Negotiations - developing practical skills
• Workplace Flexibility - introducing flexible workplace practices
• Industrial Relations for Accountants

More information about all of these courses can be found on the OIR website.

Please call OIR's Workplace Advice Unit on 9020 4612 for more information or to reserve a place or email win@oir.commerce.nsw.gov.au

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In the May edition of this newsletter, the new Look & Listen website resources were introduced to you.

These resources were designed for young people and those from culturally and linguistically diverse communities as well as the people who work with these groups.

However we understand that many young workers and people who are not confident with English or with using new technology may not be comfortable using such online resources. We are also aware that many people do not have access to the internet.

To help you and your clients use these videos and recordings, we are planning to hold a workshop on how to access and utilise the Look & Listen section of our website with small groups.

This workshop is for anyone who works with young people or people from culturally and linguistically diverse backgrounds.

If you are interested in learning how to use some of these recordings or videos with your clients or students please email the Community Relations Team and let us know.

We will confirm the workshop details once we have received your request.

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Q.  What is an individual workplace agreement?
A.  An individual agreement gives detailed information about your pay and working conditions that you and your employer have agreed to through negotiation. The pay and conditions are written down in an Australian Workplace Agreement (AWA) or an individual employment contract.

While negotiating your individual agreement it is a good idea to think about what is being offered and to ask for any changes that will help you to balance your work with family or study responsibilities.

Q.  What is a collective workplace agreement?
A.  A collective agreement gives detailed information about your pay and working conditions that have been negotiated between your employer and the employees at your workplace. You may have been part of these negotiations or they may have taken place before you joined the workplace. The pay and conditions are written down in an agreement, which is a legal document. Your employer must give you the pay and conditions written in the agreement or they will be breaking the law. A collective agreement will apply to you even if you joined the workplace after it was made.

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It can be confusing to know which IR scheme you are under and what kind of agreement covers your pay and conditions. The OIR provides a range of services to help both employees and employers with their rights and obligations under the NSW state system and also young workers under 18 working for employers in the federal system. Please call us if you need more information.

Help for rural businesses and workers

Working on the Land
The NSW Government is committed to providing information and support to people in our regional and rural areas.

The link above takes you directly to Working on the Land, a new service provided by the Office of Industrial Relations that was developed to assist workers and businesses in regional New South Wales.

Women and Work Choices

Down and out with Work Choices report
The results of a research project by the Women and Work Research Group, University of Sydney for the Office of Industrial Relations. These research results show the impact of Work Choices on the work and lives of women in low-paid employment.

Similar research has been conducted by other state governments and the case studies of 120 women have been combined to present a national assessment of the Work Choices changes faced by women workers.

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Other links

• Young People at Work website
• New laws for workers under 18 - Information for employers
• New child labour laws for NSW - What young workers need to know
• OIR publications
• OIR customer service centres

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