It is now easier than ever before for young people to get help with workplace problems following the launch of the new electronic Is Your Deal for Real Enquiry Form.

This online form is designed especially for young people, who may prefer accessing government information and communicating with our staff online rather than face to face or by telephone. It provides another way for them to get the information and help they need.

The Is Your Deal for Real Enquiry Form is an important practical tool that will help young workers understand their workplace rights and entitlements and obtain help with a range of workplace issues, including problems with their employers.

Development of this online form by OIR complements the steps already taken by the NSW Government to improve protection of the State's young workers.

In December last year the NSW Government amended the State's industrial relations laws to provide all workers under 18 years of age with access to fair pay and conditions, regardless of whether the State or federal industrial relations system covers their employment.

These amendments to the Industrial Relations (Child Employment) Act NSW 2006 set the State award as the minimum standard for all young workers under 18 years of age and extends to them the protections provided by the State award system including assistance with claims of unfair dismissal.

It is important to check with the employer before making a formal complaint. OIR recognises that most employers are trying to do the right thing by their employees and problems could be the result of a genuine mistake.

That is why we usually suggest that employees and employers talk to each other first - as it is often possible for problems to be resolved before more formal action is taken.

OIR staff can provide information about the pay rates and entitlements workers should be receiving. Young workers can access this information via the new online enquiry form or by calling the OIR hotline on 131 628.

Having an understanding of their entitlements, young people are more likely to feel confident discussing workplace issues with their employer.

The Is Your Deal for Real Enquiry Form is available at www.youngpeopleatwork.nsw.gov.au via the OIR can help link, along with easy to understand information about basic workplace rights and entitlements and details of how OIR can help young workers.

Information about workplace rights and entitlements is available to all workers via the OIR hotline (131 628) which receives around 2500 phone calls each week, and via the OIR website.

Go to the Check Your Pay or Awards Online sections for more information, or access the general OIR email address and ask a question online.

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For the first time ever, the OIR is using popular street press to deliver important messages to young people.

This month, OIR is running an advertising campaign in one of the State's biggest music street press publications, the Drum Media.

With a readership of 125,000 mainly young people, the Drum Media was selected as an ideal forum for promoting key messages about workplace rights and entitlements including working conditions, wages and unpaid trial work. More information about these issues can be found at www.youngpeopleatwork.nsw.gov.au

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NSW Minister for Industrial Relations, John Della Bosca, is again warning young people who are looking for part-time or casual work over the December/January period to be wary of employers offering unpaid work trials.

It is illegal under existing NSW law for employers not to pay workers at the appropriate rate for any work that they do. Those who employ workers on an unpaid trial basis can be prosecuted.

"So if you are offered work, even if only for a few hours, to cover the Christmas period or for the New Year sales, you must be paid. There is no such thing as 'unpaid' trial work," Mr Della Bosca said.

Each year, OIR helps people with complaints about unpaid trials, with a sharp increase over the Christmas/New Year period.

This is an issue for young people in particular as they are often looking for ways to earn extra cash over the holiday period and they may be unaware of their rights and entitlements at work.

Some examples of recoveries made by OIR inspectors in relation to unpaid trial work include:

• $367 for a Singleton junior shop assistant
• $70 for a Pennant Hills café worker
• $85 for an 18 year old kitchen hand from Lismore
• $157 for a Sutherland restaurant worker

Contact the OIR on 131 628 for more information if this has happened to someone you know!

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Some of your clients/students may be asked to work on a public holiday during the Christmas break.

Any permanent employees covered by the State industrial relations system who work on a public holiday must be paid at the public holiday rate as outlined in their award or agreement.

The following days are public holidays in New South Wales:

• Christmas Day, Tuesday 25 December 2007
• Boxing Day, Wednesday 26 December 2007
• New Years Day, Tuesday 1 January 2008
• Australia Day, Monday 28 January 2008

To check their entitlements, workers can call the OIR Hotline on 131 628.

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OIR delivers a range of talks in plain English about industrial relations laws and how they affect you and your clients in New South Wales. We offer presentations to employers, employees, job seekers and anyone working with these client groups.

In the last issue of Work Smart, we mentioned that OIR is offering free short courses in Vietnamese and Chinese (Cantonese & Mandarin) that have been designed for accountants, employers, owners and operators of small to medium sized businesses. These courses explain the key industrial relations laws including the differences between state and federal legislation.

You can now also book a free Vietnamese or Chinese information session for your clients. These sessions focus on workplace rights, the differences between state and federal industrial relations systems and what employees can do to protect themselves in the workplace.

For more information or to book a Vietnamese or Chinese presentation, please contact Community Relations Coordinator, Carol Hines, on 9020 4577.

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The Community Relations Team at OIR is dedicated to helping vulnerable workers, particularly those from culturally and linguistically diverse (CALD) communities and young people. We are very keen to make sure these workers and job seekers better understand their workplace rights and entitlements. We also want to make it easier for these groups to access the services and resources available through OIR.

Since March last year, OIR has delivered 227 presentations to 5,854 vulnerable workers, job seekers and students.

Almost one third of these presentations were delivered to people from culturally and linguistically diverse communities including students at TAFE outreach classes and those studying English via the Adult Migrant English Program and at community colleges. Feedback from the teachers/coordinators of these groups has been consistently positive with repeat bookings being made after each presentation.

The past two months have seen an even stronger growth in the team's involvement with people from these communities, with the delivery of a series of presentations in Goulburn and Moss Vale to students involved in Work Opportunities for Women (WOW) courses and eight similar presentations in November at Meadowbank, Lidcombe, Hornsby, Surry Hills, Campbelltown, Granville, Wollongong and Dapto colleges of TAFE.

The Community Relations Team has developed a plain language version of its Working in NSW presentation and we invite all Migrant Resource Centre staff and others working with people from culturally and linguistically diverse communities to book a presentation for their clients and work colleagues.

To book a presentation, click here to download a booking form, or send an email to crt@oir.commerce.nsw.gov.au and ask for a copy.

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The Compare What's Fair section on the OIR website helps you to compare your current award entitlements with a proposed Australian Workplace Agreement (AWA) for your typical working week.

You can check if you will lose any current rights or entitlements under a proposed AWA.

You can also use the comparison calculator to work out how much money you would earn over a year, including entitlements, based on your typical working week under an existing award and a proposed AWA.

Compare What's Fair lets you evaluate the minimum hourly rate required under an AWA, to give you the same annual salary as the current NSW award, applying to the type of work that you do.

You will need a pay slip and a copy of an AWA to compare working conditions using the site. State awards currently available for comparison cover the following areas of work:

• Clerical and Administrative
• Hairdressing
• Metal, Engineering and Associated Industries
• Miscellaneous Workers - Kindergartens and Child Care Centres
• Pastoral Employees
• Restaurants & Shops
• Transport Industry

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Since 1 July 2007 OIR has directly supervised the recovery of $1,375,547 in back-payments from 438 employers.

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Q. What is the difference between a part-time and casual employee?

A. Part-time employees are usually employed under similar conditions as full-time employees but work fewer hours. They are entitled to pro rata annual leave and sick leave. That means they get a percentage of annual and sick leave, depending on how many hours per week they work.

Casual employees usually work irregular hours (not the same hours each day or week) and may not have to work every week. They usually receive a loading (some extra money) to make up for not having regular or continuous work or sick leave entitlements. Casuals only receive payment for public holidays if they work on those days.

Q. If I am not covered by a NSW Award or Enterprise Agreement, am I still entitled to Annual Holidays?

A. Yes. Entitlement to an annual holiday comes from the Annual Holidays Act 1944. However, leave loading is an entitlement payable under most Awards or Enterprise Agreements. If you are unsure about your entitlements, please contact the Office of Industrial Relations online or telephone 131 628. Remember, you can ask for an interpreter if you would prefer to speak to someone in a language other than English.

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It can be confusing to know which IR scheme you are working under and what kind of agreement covers your pay and conditions. If you need more information or help 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 either the State or the federal system.

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Web 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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