NSW Minister for Industrial Relations, John Della Bosca attended the 75 meeting of the Workplace Relations Ministers' Council (WRMC) in Melbourne on 1 February 2008.

At the meeting the Deputy Prime Minister, Julia Gillard, reported on the development of legislation to commence the implementation of workplace relations arrangements detailed in the Federal Government's Forward with Fairness policy implementation plan.

The transitional legislation, which was introduced into Parliament 13 February 2008, will:

• prevent the making of Australian Workplace Agreements (AWAs);
• create a new form of individual agreements (Individual Transitional Employment Agreements) for limited use during the transitional period;
• put in place a no-disadvantage test for all new agreements; and
• enable the Australian Industrial Relations Commission to undertake the award modernisation process.

Also noted was the Federal Government's intention to introduce further legislation to implement its substantial workplace relations reforms into Parliament in 2008. Ministers welcomed the Government's commitment to engage actively with States and Territories in developing the legislation.

Key features of the legislation will be:

• ten legislated National Employment Standards, (an exposure draft was released on 14 February 2008 for public comment)
• the formation of a modern award system,
• the introduction of a new collective bargaining framework as well as
• the creation of new unfair dismissal laws and the
• establishment of a new independent umpire, Fair Work Australia.

The new workplace relations system will be fully operational from 1 January 2010.

Ministers also discussed options for achieving a genuinely national, uniform and stable workplace relations system. Ministers endorsed Forward with Fairness as providing the basis for a modern, fair and flexible workplace relations system and in that context noted the Williams report and agreed to actively engage in the development of the Federal Government's substantive workplace relations reforms.

The Office of Industrial Relations is running a series of workshops to help you understand how these changes will affect your business. Please see Industrial Relations in NSW for more information.

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On 31 January 2008, Unions NSW filed its State Wage Case claim for 2008. They are seeking a 4.5 per cent increase in NSW award rates of pay.

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 246,000.

The State Wage Case hearings are scheduled to commence on 19 May 2008 and a decision is expected to be handed down in mid to late June.

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

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Good Friday, 21 March 2008 and Easter Sunday, 23 March 2008
All general shops in NSW are to remain closed except for those shops located in:

• City of Sydney CBD
• City of Newcastle CBD
• Cabramatta and
• those local council areas which have a current Section 89B order (List of these locations).

Easter Saturday, 22 March 2008 and Easter Monday, 24 March 2008
All general shops in NSW are permitted to open on these days.

All general shops in NSW are permitted to trade from 1pm on this day.

There is no restriction on the opening and closing times for small shops and scheduled shops on these days.

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With the widespread use of internet and email in the workplace, some employers are grappling with how to manage staff use of the technology. Productivity, liability and network demands are issues of concern, particularly where employees spend excessive amounts of time on personal emails and the internet.

Employers are advised to develop their own written policy to make sure their employees understand what is and what is not acceptable.

Key points to consider in developing a workplace policy for computer, email and internet usage:

• Consult with staff in developing and implementing the policy.
• Address the issue of sending, accessing or forwarding emails with inappropriate, menacing, harassing or offensive content.
• Cover the issue of accessing and downloading internet websites that contain inappropriate or offensive material.
• Reasonable private use of technology may be permitted provided it is infrequent and brief, and does not intrude on work time, impact on service delivery, or incur costs.
• The employer's right to block emails that are spam, or emails that contain content that could result in unauthorised interference, damage or operation of employer computer systems, programs or data.
• The Computer Policy cannot provide for blocking email or internet access 'merely because' they contain information sent by a union or concerning industrial matters.
• Disciplinary action to be taken up to and including termination of employment for breaching the policy.

As internet and information technology is constantly developing, policies will need to be reviewed regularly to keep up with advancements. When a significant change is made to the policy, have it re-issued to all staff.

The guide Workplace Policies and Procedures may be of further assistance.

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Question: Is it a requirement that employers must display annual leave hours on payslips? We don't get this information where I work and I find it inconvenient keeping track of how much leave I have.

Answer: The Industrial Relations Act 1996 sets out minimum requirements for employee payslips and employment records to be kept by employers.

There is no requirement under this legislation that an employer must display an employee's annual leave accrual on their payslip.

An employer must provide employees with pay slips each time they are paid. The pay slip must contain the following information:

• name and ABN of the employer
• name of employee
• classification of the employee under their award or enterprise agreement (including full-time, part-time and casual status)
• date when the payment was made
• period of employment to which the payment relates
• the amount of money paid before tax (gross amount) (including overtime and other payments)
• amount paid as overtime or information to allow the employee to calculate the amount of
• overtime
• amount deducted for tax
• any amount deducted by the employee for superannuation
• particulars of all other deductions
• amount paid after tax (net amount).

Please visit the Pay slips page on the OIR website for more information.

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Question: What are a worker's rights and their employer's obligations in relation to exposure to cigarette smoke? I have a job in community care and have to work in a private residence where the client smokes.

Answer: If the private residence is owned by the smoker they can smoke if they want to. Your employer may request that they do not smoke while you are there which may make them stop while you are working there.

If the private residence is a group home they should be smoking outside. In this case, you will need to take the issue up with the manager of the group home as it is an OHS issue for everyone there.

WorkCover have guides on passive smoking and related topics that may be of further interest to you on their website.

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The Office of Industrial Relations will be conducting the following workshops during March 2008.

Industrial relations in NSW - rights and responsibilities
This workshop will help you understand the recent federal industrial relations changes and the effect this will have on your workplace.
Chatswood, 6 March 2008, 9am - 12pm
Parramatta, 6 March 2008, 9am - 12pm
Burwood, 11 March 2008, 9am - 12pm
Penrith, 11 March 2008, 9am - 12pm
Wollongong, 12 March 2008, 9am - 12pm
Bankstown, 12 March 2008, 9am - 12pm
Newcastle, 13 March 2008, 9am - 12pm
Kogarah, 18 March 2008, 9am - 12pm
Ballina, 18 March 2008, 2pm - 5pm

Industrial relations for parents
Newcastle - South, 11 March 2008, 6pm - 8pm
Shellharbour, 11 March 2008, 6pm - 8pm
Cardiff, 26 March 2008, 6pm - 8pm

Recruitment and retention
CBD, 18 March 2008, 9am - 1pm
Ballina, 19 March 2008, 9am - 1pm
Chatswood, 19 March 2008, 9am - 1pm

Employing clerical staff
Wollongong, 26 March 2008, 9am - 12pm
Newcastle, 27 March 2008, 9am - 12pm
Employing clerical staff, 27 March 2008, 9am - 12pm

For a complete listing of workshops from March to June 2008 please see the OIR website.

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During March 2008 the Office of Industrial Relations (OIR) is to participate alongside the Office of Fair Trading (OFT) in a variety of education and compliance programs. OIR and OFT Inspectors are jointly conducting compliance and education programs in defined geographical areas.

OIR Inspectors will be conducting the Mount Druitt Hairdressers Campaign to coincide with the OFT Regional Access Program being held at Mount Druitt in the week commencing 17-20 March 2008. OIR workplace inspectors will be providing information to employers about their workplace responsibilities and these visits also offer an opportunity for employers to ask questions to ensure they are meeting their obligations to their staff.

OIR and OFT will also be maintaining a presence at the Royal Easter Show.

OIR Inspectors will be visiting 65 stalls at the show this year from 25 March as part of a State-wide campaign.

Inspectors will be providing information and advice on workplace rights and obligations under NSW industrial laws, including child employment laws.

It is illegal under existing NSW law for an employer not to pay workers for any work that they do. Those who engage workers on an unpaid trial basis can be prosecuted.

So if you are offered work, even if only for a few hours at the Easter show or any other shop over the Easter period, you must be paid. There is no such thing as 'unpaid' trial work.

For more information on workplace rights and obligations for both employers and employees, contact the Office of Industrial Relations on 131 628 or visit www.industrialrelations.nsw.gov.au.

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With 21 TAFE presentations to around 600 people already confirmed, nine tentatively booked and a further ten being negotiated, the Community Relations Presentation Program is off to an excellent start for 2008.

The program delivers a range of presentations and information sessions to vulnerable job seekers and employees throughout NSW, including:

• Working in NSW (covers workplace rights & entitlements in NSW, like pay and holidays)
• Offered a Job (covers what you need to know when you are looking for work or have been offered employment)
• Award Specific (information about Award conditions for various types of work, including child care, clerical, hair & beauty, hospitality, metals industry, and social and community services)
• A combination of the above

To book one of these presentations for young people, women returning to study and work, or those from culturally and linguistically diverse communities, email crt@oir.commerce.nsw.gov.au or call 9020 4577.

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