The new federal Labor government has announced that it intends to implement its Forward With Fairness industrial relations policy, with transitional legislation expected early next year.

For workplaces using state awards, industrial instruments remain unchanged at this stage.

Any concerns or questions can be addressed by viewing Awards Online or by contacting the hotline on 131 628.

Remember that by subscribing to the free electronic updating service, Pay Rate Updates, you will automatically receive any changes to your state award via email.

To help employers keep up with the changes, OIR's Workplace Advice will be conducting information sessions on IR in NSW throughout 2008.

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Christmas Day, Tuesday, 25 December 2007
Boxing Day, Wednesday, 26 December 2007
New Year's Day, Tuesday, 1 January 2008
Australia Day, Monday, 28 January 2008

For more information on public holidays contact the Office of Industrial Relations on 131 628 or view the public holidays information online.

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Restrictions to general shops over the Christmas/New Year have been published on the Office of Industrial Relations website.

There is no restriction on the opening and closing times for small shops and scheduled shops during this period.

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Over the Christmas period many businesses take on more staff to cope with increased demand. Employers are reminded that any new employee must be paid for any work whilst undertaking training or on probation.

If you require information on pay rates please visit Awards Online or ring 131 628.

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NSW Minister for Industrial Relations, John Della Bosca, welcomed the announcement in October 2007 of a new Local Government State award which will provide wage certainty for 50,000 council workers across NSW.

The NSW Local Government and Shires Association (LGSA) and the United Service Union submitted the new award to the NSW Industrial Relations Commission.

The LSGA endorsed an agreement that council workers receive a $22 per week pay rise which was to take place from the first pay period after 1 November 2007.

Local Government (State) Award 2007 [2007] NSWIRComm 266

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From 1 December 2006, the New South Wales Transport Industry Mutual Responsibility for Road Safety (State) Award and the Transport Industry Mutual Responsibility for Road Safety (State) Contract Determination requires transport operators, employers, employees, contract carriers and labour hire employees connected with the road transport of goods to take responsibility for road safety and to prepare and follow safe driving plans.

These obligations apply to companies, trusts, partnerships and sole traders who engage long distance truck drivers. Long distance work covers driving more than 500 kilometres in any one shift in a vehicle with a gross mass of over 4.5 tonnes.

Please visit the OIR website for further details.

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Question: I am approaching local businesses looking for a part time job over the Christmas holidays. I am 15 years old and am in year 9 at high school. How much will I be paid working in a shop?

Answer: As a guide, a junior shop assistant (under 16 years of age) earns $6.135 per hour, if employed part time, or $7.055 per hour plus an additional $0.59 cents per hour for holiday pay, as a casual. These are the minimum (or least amount of payment) that you can be paid under the Shop Employees (State) Award. Businesses can pay more than the minimum rate, but by law cannot pay less.

Working as a casual means you work on an hourly or daily basis rather than the same times each week. Casuals get more than normal wages because they do not receive benefits such as paid sick leave, payment for public holidays not worked or annual holidays. The above hourly allowance is compensation for not receiving annual holidays.

If you have any further questions please call the industrial relations help line on 131 628 or visit the Young People at Work website.

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Question: I have a small restaurant and will be opening over the Australia Day weekend in January 2008, including the Monday. What should I pay my employees for working the Saturday (the real Australia Day) and the Monday?

Answer: As the Monday has been substituted as the public holiday the following will apply:

For all ordinary time worked on Saturday, the usual penalty rate of time and a quarter will be payable.

All ordinary time worked on the Monday will attract the public holiday penalty of two and a half times the ordinary rate of pay.

If you have any further questions please call the OIR help line on 131 628 or visit the Office of Industrial Relations website.

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The Office of Industrial Relations has published a new page on the Young People at Work website aimed at assisting students with their homework. Information includes:

• State and federal industrial relations systems
• Jargon buster
• History of industrial relations in Australia and New South Wales
• Internet Guides to Industrial Relations
• Australian Industrial Relations Commission - Student Guides
• Other resources

To access this page please visit Homework Help - Resources for Students.

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Short courses and workshop programs for 2008 will shortly be appearing on the OIR website. The program has been extended this year to include a short course on "IR for Parents" to assist parents, particularly of school aged children who may be working part-time. The course will outline the Industrial Relations (Child Employment) Act, and will cover issues in relation to the impact of that Act on child employment and other topics of concern to parents when their children enter the workforce.

Industrial Relations in NSW and Workplace Arrangements are 2 free courses which will assist employers with dealing the proposed changes to federal industrial relations law of the new federal government.

Due to increasing requests from participants, we have altered our Recruitment, Retention and Termination workshop to concentrate on Recruitment and Retention. Retention issues are of particular concern to employers in this time of skill shortages and a buoyant employment market. Termination issues will be included in the Managing Employees workshop.

Check the OIR website for the full list of short courses and workshops which will be conducted from March to June 2008 and remember that any course can be run in-house by request. The new workshops calendar for the first half of 2008 will be placed on the website shortly.

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The Office of Industrial Relations Community Relations Team is dedicated to helping vulnerable workers, particularly young people and those from culturally and linguistically diverse communities.

Since March 2006, the team has completed 227 presentations to 5,854 vulnerable workers, job seekers and students about their rights and entitlements at work. Almost one third of these presentations were delivered to people from culturally and linguistically diverse communities.

The team recently extended its program to include free presentations specifically designed for small business owners, operators, employers and accountants with a new series of presentations in Vietnamese and Chinese (Cantonese and Mandarin).

These presentations explain the key industrial relations laws including the differences between state and federal legislation. They also provide information about the resources and assistance available through the Office of Industrial Relations.

For more information, contact OIR's Community Relations Coordinator, Carol Hines, on 9020 4577 or email your request to crt@oir.commerce.nsw.gov.au

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During 2006/07, inspectors from the Office of Industrial Relations (OIR) undertook 425 targeted compliance campaigns. These campaigns involve checking compliance by employers with New South Wales employment laws, and providing the Government with an analysis of employment levels across key industries in New South Wales.

Over 10,300 New South Wales workplaces were inspected as a result of these campaigns, covering the employment of more than 35,000 workers. During these investigations Inspectors identified 3,600 employers committing 10,400 breaches of New South Wales industrial relations laws, including 1,890 underpayments of wages.

In most instances, employers voluntarily comply with the law, once breaches are identified and explained. The majority of inspections result in the employer either demonstrating compliance with the law at the time of the inspection or following information supplied by an inspector.

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Please send your questions and feedback to library@oir.commerce.nsw.gov.au

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Christmas greetings to all NSW employers and employees and best wishes for 2008.