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Your Workplace Online

Issue 41 - June 2007

• News
  »  State Wage Case 2007 awards $20 increase

  »  New laws to provide APEC holiday entitlements

  »  Guidelines to protect young workers in NSW

  »  Australia Day 2008 public holiday

  »  Southern NSW companies fined $91,900

  »  Your Workplace Online goes quarterly
  
  

• Practical Tips
  »  Q&A – Bank Holiday 2007
  

• What's On
  »  Workshops and short courses

  »  Managing Employees - problem free workplaces - feature workshop
  »  OIR Community Newsletter
  »  Community events

• Feedback
  Please send comments and questions to the editor

  

News

State Wage Case 2007 awards $20 increase

 

Workers on NSW awards will receive a $20 per week increase after the Industrial Relations Commission of New South Wales handed down the State Wage Case 2007 on 8 June 2007.  

 

For workers on the lowest rates of pay, there will be a higher increase. This will mean that the minimum that any award rate can pay is rising to $531.40, from the previous minimum of $504.40.

 

As usual, the State Wage increases will flow to individual awards on the anniversary of the last State Wage increase on application by the relevant union.

 

About 250,000 workers in NSW will benefit from these increases, many of them women and part-timers.

 

Although the above increases are applied to adult award rates of pay only, children employed under state awards will enjoy proportionate increases in their wages.

 

For further information about any aspect of the State Wage Case, please contact the Office of Industrial Relations on 131 628.

 

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New laws to provide APEC holiday entitlements

 

NSW Minister for Industrial Relations, John Della Bosca, has announced new legislation introduced to State Parliament on 7 June 2007, to ensure workplace entitlements for Sydney workers are protected during the APEC holiday.

 

"Where NSW State awards and agreements provide for public holiday entitlements, the legislation will ensure these are extended to cover the APEC holiday – Friday 7 September," the Minister said.

 

"The legislation is necessary as not all State awards recognise regional holidays.

 

"These arrangements make it clear to all employers who are subject to State awards that the APEC public holiday is to be treated like any other public holiday.

 

"This means that workers can have the day off and be paid, or if they have to work they should receive the appropriate penalty rates.

 

"These arrangements will cover people who would normally work in the Sydney metropolitan area but have been asked to keep away to assist with the smooth operation of the APEC event," Mr Della Bosca said.

 

"The legislation will also allow the Iemma Government to close general shops, including department stores, supermarkets, furniture, electrical, hardware, jewellery and clothing stores, in the affected local council areas, if security concerns arise.

 

"At this stage, we anticipate that shops in the city will be able to trade as usual but we need to make sure we have adequate powers to protect the safety of visitors and residents," Mr Della Bosca said.

 

"It was recognised by NSW and the Commonwealth last year that a public holiday would be the best way to minimise disruption during the APEC summit," the Minister said.

 

Industrial and Other Legislation Amendment (APEC Public Holiday) Bill 2007

 

For more information, including Local Council Areas affected.

 

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Guidelines to protect young workers in NSW

 

On 22 May 2007 the NSW Industrial Relations Commission approved guidelines for employers to follow to protect young workers' pay and conditions in NSW.

 

The guidelines, formally known as the No Net Detriment Principles of the Industrial Relations (Child Employment) Act 2006, ensure that workers under 18 years of age covered by federal workplace relations laws, will have wages and conditions that are at least equal to the State award.

 

Employers operating in NSW under the federal industrial relations system are now obliged to provide young workers with the following conditions, where they are provided for in the comparable NSW award or legislation:

• payment at the base rate and pay for wage related allowances (eg uniform)
• payment for all work performed, including probationary periods and overtime
• regular payment in money and in full, without deductions for breakages, shortages or deductions for any goods or services supplied by the employer (eg drinks)
• special requirements for children (including supervision)
• limits on working late at nights or early in the morning
• late night transport arrangements
• reasonable notice of rosters and changes of shift or working hours
• entitlements to annual leave and other forms of leave (eg sick)
• occupational health and safety (including provision of safety equipment)

Minister for Industrial Relations, John Della Bosca, welcomed the new guidelines set by the NSW Industrial Relations Commission.  "With the implementation of this legislation and guidelines, all young workers, no matter what industrial relations system they belong to, will be given a fair go", Mr Della Bosca said.

 

For more information please see the links below or phone the Office of Industrial Relations on 131 628.

 

Information on the No Net Detriment Principles for Work Choices employers

 

Child Employment Principles Case 2007 [2007] NSWIRComm 110

 

 

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Australia Day 2008 public holiday

 

The Australia Day public holiday for New South Wales in 2008 will be observed on Monday 28 January 2008.

 

Australia Day, 26 January, will fall on a Saturday next year.

 

On previous occurrences in 1991 and 2002 when 26 January fell on a Saturday, the Government has had the discretion to declare a public holiday on the following Monday.

 

The Premier, Morris Iemma, has agreed that the 2008 Australia Day public holiday will be observed on the following Monday and that the normal public holiday arrangements will apply.

 

For more information on public holidays.

 

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Southern NSW companies fined $91,900

A decision by an Industrial Magistrate in May 2007 has issued penalties totalling $91,900 against two caterers in a Southern NSW club, relating to their failure to pay employees the correct rates of pay under the Club Employees (State) Award. The companies pleaded guilty to a combined total of 32 charges.

The Magistrate issued a $50,000 global penalty for award contraventions and various other penalties, including a $7,500 fine relating to wage records.

Noted in the decision, was the fact that the majority of the underpaid workers were women and that the action taken by the companies to pay them less than the appropriate award was deliberate. In her findings, Industrial Magistrate, Ms Pat OShane, commented that she found the wage disparities very significant and went totally against legislation that ensures equal pay for women.

An appeal is currently underway at the NSW Industrial Relations Commission.

To check award rates of pay please visit Awards Online or ring 131 628.

Employers IR compliance checklist

 

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Your Workplace Online goes quarterly

 

As of June 2007 Your Workplace Online will be a quarterly newsletter. The next issue of Your Workplace Online will be in September 2007. Previous issues of Your Workplace Online are available on the OIR website. 

 

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Practical Tips

 

Q&A – Bank Holiday 2007

 

Question: Is August 6 a public holiday?

 

Answer: The August Bank Holiday will be held on 6 August 2007 and under the Banks and Bank Holidays Act 192 all banks in New South Wales are required to be closed. However, the August Bank Holiday is not a proclaimed public holiday in New South Wales. Employees within various financial and commercial sectors enjoy the August Bank Holiday by virtue of its inclusion as a paid holiday in their arbitrated awards or bargained agreements. Therefore, you will have to check your award or agreement to see it you are entitled to a paid absence for the celebration of this day.

 

For more information on public holidays.

 

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What's On

 

Workshops and short courses

 

The Office of Industrial Relations will be conducting the following workshops during the July – September 2007 period:

 

WORKPLACE POLICIES

10 July, CBD, 9am - 1pm

18 July, Newcastle, 9am - 1pm

24 July, Wollongong, 9am - 1pm

20 September, Castle Hill, 9am - 1pm

 

RECRUITMENT AND RETENTION

2 August, Wagga Wagga, 1pm - 5pm

25 September, CBD, 9am - 1pm

26 September, Newcastle, 9am - 1pm

8 August, Dubbo, 9am - 1pm

9 August Castle Hill, 9am - 1pm

11 September, Nowra, 9am - 1pm

13 September, Campbelltown, 9am - 1pm

19 September, Forster, 1pm - 5pm

 

EMPLOYING STAFF IN KINDERGARTENS AND CHILD CARE CENTRES

27 September, Castle Hill, 9am - 12pm

 

EMPLOYING CLERICAL STAFF

11 July, Coffs Harbour, 9am - 12pm

2 August, Wagga Wagga, 9am - 12pm

 

IR FOR ACCOUNTANTS

26 September, Wollongong, 7:30am – 9:30am

 

IR IN NSW

10 July, Coffs Harbour, 9am - 12pm

26 July, Castle Hill, 9am - 12pm

7 August, Dubbo, 2pm - 5pm

15 August, Ulladulla, 11am – 2pm

16 August, Campbelltown, 9am - 12pm

21 August, Merimbula, 2pm - 5pm

30 August, Nowra, 9am - 12pm

5 September Wollongong, 9am - 12pm

12 September, Newcastle, 9am - 12pm

19 September, Forster, 9am - 12pm

20 September, CBD, 9am – 1pm

 

WORKPLACE ARRANGEMENTS – UNDERSTANDING AWARDS AND AGREEMENTS

4 July, Newcastle, 9am - 12pm

11 July, Wollongong, 9am - 12pm

17 July, CBD, 9am - 12pm

1 August, Wagga Wagga, 2pm - 5pm

7 August, Coffs Harbour, 2pm - 5pm

14 August, Nowra, 9am - 12pm

29 August, CBD, 9am - 12pm

6 September, Castle Hill, 9am - 12pm

 

MANAGING EMPLOYEES

1 August, Newcastle, 9am - 1pm

8 August Coffs Harbour, 9am - 1pm

22 August, Merimbula, 9am - 1pm

23 August, Castle Hill, 9am - 1pm

19 September, Wollongong, 9am - 1pm

27 September, Nowra, 9am - 1pm

 

EMPLOYING STAFF IN THE SACS AREA

7 August, Wollongong, 9am - 12pm

30 August, Campbelltown, 9am - 12pm

 

EMPLOYING CLERICAL STAFF

22 August, Merimbula, 2pm - 5pm

29 August, Newcastle, 9am - 12pm

4 September, Nowra, 9am - 12pm

11 September, CBD, 9am - 12pm

 

WORKPLACE NEGOTIATIONS

15 August, Newcastle, 9am - 4pm

 

WORKPLACE FLEXIBILITY

21 August, CBD, 9am - 1pm

 

 

A new June – Dec 2007 calendar of workshops is now available on the OIR website

 

For more information email WIN@oir.commerce.nsw.gov.au or call Workplace Advice on 9020 4612.

 

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Managing Employees - problem free workplaces - feature workshop

 

This issue we focus on the Managing Employees - problem-free workplace workshop

 

Keeping staff motivated and performing well is critical to any business. This workshop looks at identifying some of the basic motivators that can drive an employee, from paying wages and monetary rewards to recognition and a challenging job. These issues will be discussed and their impact on a business explained.

 

This workshop highlights good employment practices when it comes to the performance management of employees, from regular performance reviews to dealing with a poorly performing employee and how to conduct the different sessions. When conducting a performance review, a key issue is the establishment of performance targets or indicators. The workshop will look at some of the basic principles to consider when developing targets for your employees which aim at improving their performance.

 

Often, when dealing with an employee that may not see a problem, conflict and difficult situations often arise during the review or counselling sessions. This workshop will look at ways to try to avoid them. But if they do occur, information on how to handle difficult situations constructively will be covered.

 

The concept of good employment practices will be explained. When an employee is performing badly, counselling or warnings need to be given. What is reasonable action and some of the pitfalls to watch out for are covered.

 

Overall, this workshop will aid a small business in managing their employees, keeping them motivated and performing well.

 

The next featured workshop will be Workplace Polices

 

For more information on this or other OIR workshops, please email WIN@oir.commerce.nsw.gov.au or phone Workplace Advice on 9020 4612

 

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OIR Community Newsletter

 

The first edition of OIR's new electronic newsletter Work Smart - helping communities with workplace info is now available.

 

This free, quarterly newsletter is designed for people working with, or interested in, the employment rights of young people and those from culturally and linguistically diverse communities in NSW. Written in plain English, the newsletter provides up-to-date information to assist job seekers, employees and employers. It contains material that can be copied for use with clients.

 

To view the newsletter online.

  

To subscribe to the newsletter or to request a copy of the letter and resources, contact the Community Relations Coordinator, Carol Hines, at crt@oir.commerce.nsw.gov.au. Subscribers will be able to unsubscribe at any time.

 

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Community Events June – Sept 2007

 

During the coming months the Office of Industrial Relations Community Relations Team will be attending a number of expos across Sydney with a focus on career expos. Some of the events and expos OIR are participating in include:

 

Liverpool Refugee Week Festival 22nd June

Career Search 2007 at Milperra 27th - 28th June

Nepean Careers Market 19th - 20th July

 

As well, during the next few months the team will be doing presentations at;

 

Gymea TAFE for hairdressing apprentices

Randwick TAFE English for Work students

Parramatta ACL English for Work students

Burwood AMES Child Care certificate students

Surry Hills AMES English students

 

Please contact Carol Hines on 9020 4577 if you would like to discuss the possibility of OIR attending your community event or Neil McGarvie on 9020 4528 for doing a presentation at your TAFE or school.

 

 

Feedback

 

Please send your feedback to the editor.