A public holiday for the Sydney metropolitan area has been declared for Friday 7 September 2007 to coincide with the 2007 Asia-Pacific Economic Co-operation (APEC) Summit.

The public holiday has been declared to minimise disruption to the general public during the APEC Summit and follows extensive consultation with employer groups and unions.

The public holiday will apply to the following Local Council Areas:
Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sydney, Sutherland, Warringah, Waverley, Willoughby, Woollahra

Legislation has been introduced to ensure the workplace entitlements for Sydney workers. Where NSW State awards and agreements provide for public holiday entitlements, these have now been extended to cover the APEC holiday. The introduction of the legislation was necessary as not all State awards recognise regional holidays.

These arrangements provide clear guidelines 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 work they should receive the appropriate penalty rates.

Employers and employees should check their relevant award or agreement for more information on public holiday entitlements.

APEC Q&A

APEC website or phone APEC inquiry line on 1300 2792 01

Transport arrangements for APEC or phone 131 500

To find out which Local Council Area covers your suburb.

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NSW Minister for Industrial Relations, John Della Bosca, announced on 9 August 2007 that an inquiry into a national industrial relations system will be undertaken by the Iemma Government.

Mr Della Bosca said the aim of the inquiry would be to develop a series of options for a national system to replace the Federal government's Work Choices system.

"We are supportive of greater harmonisation between the States and Territories and co-operative federalism," the Minister said. "This is an area we want to investigate further to see how we can get the best outcomes for employers and workers in NSW."

"We need a system in Australia that is fair, protects the rights and entitlements of families, has a real safety net and an independent umpire - all the things that have been removed by Work Choices."

Mr Della Bosca said the inquiry would be headed by eminent constitutional expert Professor George Williams, the Anthony Mason Professor and Director of the Gilbert + Tobin Centre of Public Law at the University of New South Wales.

The inquiry will:

• Identify principles to underpin a harmonised national industrial relations system within a framework of cooperative federalism;
• Consider the range of options for achieving such a harmonised national
• Recommend the optimum model for NSW.

Professor Williams is preparing an Issues Paper which will be released for public comment in September 2007. The Issues Paper will be posted on the Office of Industrial Relations (OIR) website, and you will have the opportunity to lodge your views electronically.

For more information on the inquiry and terms of reference please visit the OIR website.

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Monday 1 October 2007 is the Labour Day public holiday. There are no restrictions on general shops opening on Labour Day. Employees who work on Labour Day must be paid the appropriate penalty rate prescribed by their industrial instrument for working on that day.

For further information please call 131 628.

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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 2008, 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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The World Health Organisation has reported that the world is moving closer to an influenza pandemic, and recommends all countries prepare. A pandemic will directly affect many people's health and well-being, and potentially will impact on workplaces.

To assist employers and employees in New South Wales, the Office of Industrial Relations has published a Guide and Fact Sheet to help employers and employees to plan ahead and be better equipped to respond in the event of an influenza pandemic.

The NSW Government encourages employers and employees to take a cooperative approach to managing their responsibilities in a fair and equitable manner. It is in everyone's interest for businesses to continue to trade and survive a pandemic whilst allowing people to manage their important and legitimate personal, family and community responsibilities.

The information in the following resources outlines the practical steps to manage an influenza pandemic, responds to workplace questions that may arise and provides details of further resources to assist both employers and employees.

Workplace Guide to Managing Influenza Pandemic (pdf - 116Kb)

Managing an Influenza Pandemic (fact sheet pdf - 130Kb)

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Fees charged in the NSW Industrial Relations Commission increased on 2 July 2007. A summary of fees is available from the NSW IRC website.

The Industrial Registrar will continue to exercise the discretionary power to waive fees in cases of financial hardship.

Certain fees do not apply to industrial organisations, government departments or statutory bodies (other than the WorkCover Authority).

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As of 1 July 2007, the salary cap for award-free employees in unfair dismissals has risen to $101,300. For more information please visit the NSW Industrial Relations Commission website.

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A report launched on 31 July 2007 by the NSW Minister for Industrial Relations, John Della Bosca examines the impact the federal government’s Work Choices legislation has had on women at work.

Down and Out with Work Choices: the impact of Work Choices on the Work and Lives of Women in Low Paid Employment (pdf) describes the experiences of 25 women across NSW whose working lives have changed since the introduction of the federal workplace relations changes.

The report forms part of a national report called Women & WorkChoices: Impacts on the Low Pay Sector (pdf).

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‘Restoring the Balance’, a national Industrial Relations Conference will be held in Brisbane on Tuesday 11 September 2007. The Queensland government is hosting this third conference in the ‘Fair Go Series’ on behalf of the joint State and Territory Governments.

After 18 months since the introduction of Work Choices, this conference offers practitioners and policy-makers the latest research findings about the reality of Work Choices, its impact on fairness & productivity and explores ways to restore the balance.

The proceedings of the previous National Industrial Relations Conferences are available for 2005 and 2006.

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Question: I have been a full time employee (1st year apprentice) since Nov 2006. What sick leave am I entitled to?

Answer: If your employer is a sole trader or partnership, the appropriate award is the Hairdressers', & (State) Award.

Clause (24.) of this award states: Sick Leave provides that full-time employees are entitled to the following sick leave:
After 3 months completed service - 22.8 hours
After 4 months completed service - 30.4 hours
After 5 months completed service - 38 hours
After 6 months completed service - 60.8 hours

In the second and subsequent years of service, the employee will be entitled to 60.8 hours sick leave per year.

For further information, please contact the Office of Industrial Relations on 131 628 during business hours (8:30am to 5pm, Monday to Friday).

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Question: Our receptionist has accrued 16 weeks annual leave since 1994. If back leave hasn't been taken - does she lose it? Or if we stipulate that it should be taken over a certain period and isn't, is it lost? We were wanting to payout 12 weeks back leave and were told it was illegal. What should we do in this situation?

Answer: The Annual Holidays Act 1944 (NSW) provides state system employees with an entitlement of four weeks of paid leave for every year of completed service. Leave falls due on the anniversary date of when employment originally commenced and must be taken within 6 months of it falling due.

An employer can direct the employee to take up to 4 weeks of the leave by providing 4 weeks notice. To postpone leave, written consent from the Registry at the NSW Industrial Relations Commission must be obtained. The employee cannot lose the leave, however they can lose the right to take the leave (ie it would be paid out on termination).

The OIR website has information that covers the key features of the Annual Holidays Act.

Also on the OIR website, the Clerical and Administrative Employees (State) Award or access our annual leave calculator.

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Many businesses close temporarily over the Christmas period each year as part of a scheduled 'annual close down'.

Employers must give their staff one month's notice prior to the close down commencing and can only give one close down notice per calendar year.

If an employee does not have a full year's leave entitlements and is required by their employer to take annual holidays because of a scheduled close down, the balance of the leave owing must be taken without pay.

The Annual Holidays Act 1944 allows for pro rata payments for employees who have worked less than 12 months.

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WorkCover has developed a new service which provides employers with a quick and simple way to determine who needs to be included in their workers compensation policy wage declaration.

This service can be accessed by calling the worker status service hotline, using the interactive web-based self-assessment tool or simply applying for a private ruling for their particular situation.

For more information call the Worker Status Service on 1800 024 205 or visit www.workcover.nsw.gov.au/workerstatus

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The Office of Industrial Relations will be conducting the following workshops during the September - December 2007 period in the following regional and metropolitan areas:

A complete list of locations and courses follows:

COFFS HARBOUR
Employing staff in kindergartens and child care centres, 27 November 2007, 2pm - 5pm
IR for Accountants, 28 November 2007, 7am - 9am

FORSTER
IR in NSW – rights and responsibilities, 19 September 2007, 9am - 12pm
Recruitment, retention and termination, 19 September 2007, 1pm - 5pm
Workplace arrangements – understanding awards and agreements, 16 October 2007, 9am - 12pm
Managing employees, 16 October 2007, 1pm - 5pm

NEWCASTLE
IR in NSW – rights and responsibilities, 12 September 2007, 9am - 12pm
Recruitment, retention and termination, 26 September 2007, 9am - 1pm
Workplace flexibility, 11 October 2007, 9am - 1pm
Employing staff in hairdressers and beauty salons, 24 October 2007, 9am - 12pm
Workplace arrangements – understanding awards and agreements, 8 November 2007, 9am - 12pm
Employing staff in kindergartens and child care centres, 21 November 2007, 9am - 12pm
Managing employees, 5 December 2007, 9am - 1pm

NOWRA
Employing clerical staff, 4 September 2007, 9am - 12pm
Recruitment, retention and termination, 11 September 2007, 9am - 1pm
Managing employees, 27 September 2007, 9am - 1pm
IR for Accountants, 9 October 2007, 5pm - 7pm
Workplace policies, 25 October 2007, 9am - 1pm, Nowra

WOLLONGONG
IR in NSW – rights and responsibilities, 5 September 2007, 9am - 12pm
Managing employees, 19 September 2007, 9am - 1pm
IR for Accountants, 26 September 2007, 7:30am - 9:30am
Workplace flexibility, 17 October 2007, 9am - 1pm
Employing staff in kindergartens and child care centres, 15 November 2007, 9am - 12pm
Employing staff in shops, 21 November 2007, 9am - 12pm

KATOOMBA
IR in NSW – rights and responsibilities, 20 November 2007, 9am - 12pm
Recruitment, retention and termination, 29 November 2007, 9am - 1pm
Workplace arrangements – understanding awards and agreements, 4 December 2007, 9am - 12pm

LISMORE
Workplace arrangements – understanding awards and agreements, 30 October 2007, 2pm - 5pm
Employing clerical staff, 31 October 2007, 9am - 12pm
Managing employees, 31 October 2007, 1pm - 5pm

SYDNEY CBD
Employing clerical staff, 11 September 2007, 9am - 12pm
IR in NSW – rights and responsibilities, 20 September 2007, 9am - 12pm
Recruitment, retention and termination, 25 September 2007, 9am - 1pm
Employing staff in kindergartens and child care centres, 9 October 2007, 9am - 12pm
Workplace negotiations, 23 October 2007, 9am - 4pm
Managing employees, 13 November 2007, 9am - 1pm
Workplace policies, 27 November 2007, 9am - 1pm
Workplace arrangements – understanding awards and agreements, 4 December 2007, 9am - 12pm
Recruitment, retention and termination, 11 December 2007, 9am - 1pm

BANKSTOWN
IR in NSW – rights and responsibilities, 11 October 2007, 9am - 12pm
Recruitment, retention and termination, 25 October 2007, 9am - 1pm
IR for Accountants, 30 October 2007, 5pm - 7pm
Employing staff in kindergartens and child care centres, 8 November 2007, 9am - 12pm
Workplace arrangements – understanding awards and agreements, 22 November 2007, 9am - 12pm
Managing employees, 6 December 2007, 9am - 1pm

CAMPBELLTOWN
Recruitment, retention and termination, 13 September 2007, 9am - 1pm
Employing staff in hairdressers and beauty salons, 18 October 2007, 9am - 12pm
Managing employees, 1 November 2007, 9am - 1pm
Workplace arrangements – understanding awards and agreements, 15 November 2007, 9am - 12pm
Workplace policies, 29 November 2007, 9am - 1pm
Employing staff in the SACS area, 6 December 2007, 9am - 12pm

SUTHERLAND
IR in NSW – rights and responsibilities, 4 October 2007, 9am - 12pm
Workplace arrangements – understanding awards and agreements, 1 November 2007, 9am - 12pm
Recruitment, retention and termination, 27 November 2007, 9am - 1pm
Managing employees, 11 December 2007, 9am - 1pm, Sutherland

CASTLE HILL
Workplace arrangements – understanding awards and agreements, 6 September 2007, 9am - 12pm
Workplace policies, 20 September 2007, 9am - 1pm
Employing staff in kindergartens and child care centres, 27 September 2007, 9am - 12pm

For more information email or call Workplace Advice on 9020 4612.

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This Workplace Policies workshop looks at the key issues to consider when identifying policies that your workplace may need to develop and implement.

To ensure staff are fully aware of what is expected of them, know what you consider unacceptable behaviour or appearance, and understand appropriate use of company equipment and facilities, you need well structured and clearly understood rules. Workplace policies will assist you in communicating these requirements to employees.

The workshop will explore the benefits that can be gained from having workplace policies, discuss the advantage of involving employees in the process, and cover the steps to be undertaken when developing and then implementing policies.

During the course of the workshop we will examine critical aspect of policy implementation, including dealing with existing staff and policy obligations in induction programs for new employees. The issues of regular reviews, employee access, and employer obligations to support adherence to policies are all covered. Participants will also be able to take part in group work to develop policies relevant to them.

This workshop highlights good employment practices when it comes to developing, implementing and regularly reviewing the content of a policy to ensure it remains relevant.

Workplace Policies workshops will be held on the following dates in the forthcoming months:
20 September 2007, 9am - 1pm, Castle Hill
25 October 2007, 9am - 1pm, Nowra
27 November 2007, 9am - 1pm, CBD
29 November 2007, 9am - 1pm, Campbelltown

For more information email or call Workplace Advice on 9020 4612.

The next featured workshop will be Industrial Relations for Accountants

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Office of Industrial Relations inspectors will continue to visit businesses in metropolitan and regional NSW during the next 3 months to inform and employers of their rights and assist them in meeting their industrial relations responsibilities.

Some of the industries that will be visited over the next 3 months include:
Commercial precincts
Child Care
Restaurants
Hairdressing
Manufacturing
Accountants
Marine-Charter Vessels
Dentists

Following recent legislative changes, OIR will be conducting additional compliance campaigns, focusing on child employment, transport mutual responsibility scheme (new award provision to do with industry safety) campaigns and ethical clothing.

During their visits, inspectors may ask to see time, pay and leave records and may also check that relevant award information is displayed in the workplace.

The visits are an opportunity for inspectors to assist employers in complying with industrial relations laws.

The office of Industrial Relations Employer Checklist outlines what employers must do to comply with NSW industrial relations laws.

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Over the next few months, the OIR Community Relations Team will be participating in and delivering presentations at the following events:

• Shoalhaven Job Seekers Day - 14 September
  
• NSW Youth Work Conference - 19, 20, 21 September
  
• Cabramatta Moon Festival - 23 September
  
• St George Migrant Info Day - 24 October
  
• NSW Careers Advisers Assoc. Annual Conference 2007 - 23 & 24 November

In addition, the team will deliver presentations for hairdressing apprentices and students at the following TAFE colleges:
Granville, Moorebank, Ultimo, Wollongbar, Wollongong West and Petersham

Working in NSW presentations will be held for students at:
ASPECT English College
Rockdale English Centre
St George TAFE
Marrickville Youth Resource Centre

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The OIR community e-newsletter Work Smart is distributed on a quarterly basis. The e-newsletter contains important information on workplace rights and entitlements for young people and those from culturally and linguistically diverse communities.

To view the most recent edition of this publication.

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Small Business September 2007 is a month-long program of workshops, seminars, expos and more to assist business owners and operators across the spectrum of small to medium sized enterprises.

A calendar of events is available via the Department of State and Regional Development website.

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

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