March 2004
ISSN 1447 9362
Two Rivers is a quarterly newsletter produced by the Aboriginal and Torres Strait Islander Unit of the Office of Industrial Relations to provide Aboriginal and Torres Strait Islander communities with information, stories and updates on happenings within the world of industrial relations.
Information forum in Tamworth
The forum held in Tamworth in December last year brought together Aboriginal and non-Aboriginal advisers from the Office of Industrial Relations, WorkCover, the Anti-Discrimination Board, Office of Fair Trading, Australian Taxation Office, Department of Employment and Workplace Relations and the Working Women's Centre.
The forum discussed:
- the role of the Office of Industrial Relations and CDEP organisations
- differences between state and federal industrial relations jurisdictions and coverage of CDEP and other Aboriginal organisations
- developing workplace policies and procedures
- returning purchased goods
- injured workers returning to work
- tax rates for CDEP workers
Participants at the Tamworth forum.
Back row L to R: Kim Connor, Margaret Quinlan,
Donna Taylor. Front row L to R: Will Paulson,
Carol Duke, and Troy Cochran
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New England Area Information Forum
18 & 19 March 2004
Armidale Ex-Services Memorial Club
Dumaresq Street, ARMIDALE
Central West Area Information Forum
1 & 2 April 2004
Orange Ex-Services Club
231-243 Anson Street
ORANGE NSW 2800
Aboriginal and Torres Strait Islander employees, managers and employers in the area are invited to these free information forums to get information and advice about their rights and obligations on:
- harassment and discrimination
- workplace safety and workers compensation
- employment and industrial laws in NSW
- tax and superannuation
- consumer rights and fair trading
For more information on upcoming forums in 2004 call Rae Hamilton or Chris Capper on 1300 361 968.
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The Aboriginal and Torres Strait Islander Unit employment information sheets are a quick and effective way to answer some of the most frequently asked questions.
There are now 13 fact sheets, including:
- Employment rights and responsibilities
- Developing policies and procedures
- Unfair dismissals
- Ending employment
- Grievance handling procedure
- Counselling and disciplinary procedures
- Contracts of employment
- Job descriptions
- Illegal deductions
- Trial work
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In New South Wales, the Industrial Relations Act 1996 provides employees with minimum entitlements to parental leave including adoption leave.
Adoption leave is leave taken by either the adoptive father or mother when adopting a child. Short adoption leave is an unbroken period of up to three weeks leave taken at the time of the child's placement. Extended adoption leave is a further unbroken period of up to 49 weeks leave in order to be the primary carer to the child.
Changes to the legislation in October 2003 mean that adoption leave may now be taken when adopting a child up to 18 years of age.
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Trial Work and Probationary Employment
Work Experience
School or government-sponsored work experience programs are valuable. However, be careful of other offers of unpaid work experience, even if they seem like a good idea. Unless it is legitimate work experience, organised through your school or university, you should be paid.
Trial Work
Most job offers are made after an interview. But some employers like to take people on for a trial period to see whether they can do the job. A good employer will tell you how long the trial will last and pay you a proper wage during the trial period.
Probationary period of employment
A probationary period of employment provides the employer with the opportunity to assess the performance and suitability of a new employee in the job.
A reasonable period of probation may be three months or longer depending on the nature and circumstances of the employment. The period of probation should be determined in advance and the employee paid for work done.
Your pay
What should I be paid?
Most employees are entitled to a minimum rate of pay, which is set out in the award or enterprise agreement, depending on the type of work carried out and the time of day or week worked.
The wage clause in an award specifies the minimum wage paid for each classification or grade of employee covered by the award. It may also specify pay rates for casual and part-time employees and, where applicable, the additional loading they receive.
Of course, you can be paid more than the amount stated in an award.
The weekly pay may consist of a normal award wage plus compulsory additional components such as industry allowances or tool allowances. Additional rates may apply for working overtime, outside regular hours, at nights, on weekends or public holidays. Special rates may also apply for work in specific circumstances, such as working in the wet or dealing with toxic substances.
Junior pay rates
Some awards specify a separate pay scale for junior employees. This may be paid at a percentage of the adult rate, or a specific rate, depending on the age of the employee.
Pay deductions
Except by Court order or a request by Centrelink, your employer may only make a deduction from your pay:
- if you authorise them to do so in writing; and
- where the deduction is principally for your benefit.
Your employer cannot make deductions for shortages in the cash register.
Deductions authorised by you, such as union dues and health fund contributions and all other deductions such as income tax and superannuation payments should be detailed in your pay slip.
How often do I get paid?
Generally, wages are paid on the same day each week or fortnight. The award or enterprise agreement, which covers your industry or occupation, will specify how often you are paid.
You may ask your employer to pay you at least once each fortnight.
Your employer must also give you a payslip, which explains what you are being paid.
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For information about your pay, or back issues of this newsletter, please contact Rae Hamilton or Chris Capper on 1300 361 968 (local call cost) or e-mail Rae.Hamilton@oir.commerce.nsw.gov.au.
Aboriginal and Torres Strait Islander Unit, PO BOX 847, Darlinghurst NSW 1300
Phone: 1300 361 968 Fax: 02 9020 4734
e-mail: atsi@oir.commerce.nsw.gov.au or website:www.industrialrelations.nsw.gov.au/workplace/atsi.
Phone: 131 628
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