What's New: Work Smart online survey - your feedback is important
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We would really like to find out how useful the information in the newsletter is for you, how easy it is to understand and what you would like us to include in future editions. Please take a few minutes to fill in the quick online survey to help us improve this newsletter so it meets your needs more closely.
Your response will be put in a draw for a $100 voucher.
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NSW award updates now available via RSS
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In May, we added RSS news feed technology to our website for 130 of the most frequently used NSW industrial awards. RSS feeds notify the subscriber when new content has been added to a website they are interested in, helping clients keep up to date.
The new RSS service option means our customers can avoid email problems such as sensitive spam filters or delivery delays, and have peace of mind that important information will be sent to their RSS reader as soon as there is an update.
RSS feeds are easy to set up, all you need is a 'News reader' such as Google or My Yahoo, and you subscribe to your chosen RSS feeds via the news reader. Once you have subscribed the news reader automatically checks the RSS feeds and alerts you to any new information that has been added.
Click here to set up an RSS feed to any of the 130 most frequently used NSW industrial awards. If RSS technology is new to you click here for more help to get you started.
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'Know the deal' video competition
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A new competition is being run by the OIR through NSW high schools, which meets the learning outcomes from the Year 7 - 10 commerce curriculum in relation to employment issues.
The video competition called 'Know the deal' will help students learn about their rights when starting their first job and encourage them to have fun and be creative in the learning process.
The competition task invites students to get creative and produce a video that will appeal to their friends and fellow students, no longer than two minutes in length, covering an important message about workplace rights.
Students are asked to visit the OIR's Young people at Work website where they can research a suitable message to use within their video.
Information has been sent to all head commerce teachers during May inviting them to encourage their students to participate and the competition closes in August.
You will be able to watch the winning entries on the Young people at Work website.
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Remaking Industrial Relations
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In 2006, the federal government made laws, commonly known as Work Choices, which resulted in substantial changes to the industrial relations rules that apply to employers and employees in NSW.
The federal government changed at the 2007 election, partly as a consequence of the commitment to change Work Choices. One of the first things the new government did was put an end to individual employment agreements, also known as Australian Workplace Agreements or AWAs. Plans are now being put into place for a new national workplace relations system that the federal government hopes to implement by 2010. The federal government is consulting closely with the state and territory governments on the development of this new system.
In May, the Workplace Relations Ministers' Council (WRMC) met in Brisbane to discuss plans for a new national workplace relations system. They unanimously agreed on some key principles that they believe will guide the development of a fair and effective national workplace relations system in Australia.
These key principles included:
- 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.
Draft legislation is expected to be released by the Commonwealth before the end of the year.
Stay tuned for further updates in the next issue of Work Smart.
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Check your jurisdiction
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OIR has developed a new tool called 'My IR Rules', that lets people put in the ABN number of their employer or the business name and search whether they fall in the state or federal IR system. This service has been developed to assist people who may be unsure about which IR system they fall under.
Additional information has been included on the OIR website to help them find the answer. My IR Rules and the information page is a link direct from our home page.
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Offered a Job? |
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We have updated our handy pocket sized Offered a Job? booklet.
While the publication, which is small enough to fit in your wallet, is designed for young people just starting out in the workforce, it also provides accessible information for people who may not have English as a first language.
The booklet provides useful contact info and handy tips in plain English, helping people to understand their legal rights in NSW workplaces.
What's changed?
Some important updates have been made in light of recent changes to IR laws following the end of Work Choices. We have also added some useful information about apprenticeships and traineeships.
Copies of Offered a Job? can be ordered for FREE - please send your name, postal address and quantity required to this email publication.sales@oir.commerce.nsw.gov.au
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Focus on - Unpaid trial work
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Employees MUST be paid for any work that is done during a trial/probation period.
Employers often ask new employees to work for a trial period, also known as a probation period. This is not unusual and gives both the employee and employer the chance to see if the working arrangements will work out for both parties.
When is no pay ok?
- work experience for no pay - usually done through a registered educational training organisation - like a school, TAFE or university
- volunteer work e.g. for a charity.
Unless you are involved in either of the two activities above - there is no such thing as 'unpaid trial work' and you must be paid for any work you do.
Know your rights:
- an employer must tell an employee how long the probation or trial period will be (it can only be for a maximum of three months)
- employees must be paid for any training required
- the cost of the training course must also be covered
- payment must be received for any work done.
Employers who do not pay workers for all work they carry out are breaking industrial laws.
If you know that an employer is doing this, call the OIR on 131 628 for confidential advice and help.
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World Youth Day
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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.
Employees should remember that any additional hours worked are subject to the provisions of the relevant award or workplace agreement re payment of overtime or penalty rates.
For more information, please visit our dedicated World Youth Day web page or call the OIR hotline 131 628.
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OIR Recoveries
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During the past year, inspectors from the NSW Office of Industrial Relations (OIR) have completed more than 11,000 investigations into cases where workers are being treated unfairly by employers.
This has resulted in the recovery of $4 million in underpayments of wages and other entitlements for NSW workers and their families!
How OIR has been helping this financial year:
- we received more than 180,000 calls from workers and employers seeking guidance and advice
- work records for nearly 28,000 people were checked
- 10,000 breaches were detected;
- with more than 2,500 underpayments being reclaimed for workers.
If you think that an employer is treating workers unfairly please call us to discuss it in more detail on 131 628 or try these tools:
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Frequently Asked Questions
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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.
Question: Is a bank holiday also a public holiday in NSW?
Answer: No, bank holidays in NSW are not state-wide public holidays. The next bank holiday in NSW falls on Monday 4 August 2008 and all banks in NSW must be closed on that day. Employees in various financial and commercial jobs will have a day off if the bank holiday is included as a paid holiday in their award or agreement.
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Need more help? Call us on 131 628
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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 assistance 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 |
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Unsubscribe me
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To unsubscribe, please send an email to: crt@oir.commerce.nsw.gov.au with your email address in the subject line type the word 'Unsubscribe' and we will take your email address off the list.
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