Autumn 2005 Number 14
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.
New year - new photo
OIR's Aboriginal and Torres Strait Islander Unit
Chris Capper (left) and Rae Hamilton (right)
What has happened since the last newsletter?
Award rate increase
Recent changes to the Social and Community Services Employees (State) Award mean that staff employed under that award received a pay rise in the first full pay period starting on or after the 6 December 2004.
For more information on this change or other award pay rises, please contact Rae or Chris on 1300 361 968.
Pay slips
The Unit has received a number of enquiries over the last few months about employee payslips and the information they should contain. The following should help answer many of your questions.
An employer must provide employees with pay slips each time they are paid, containing the following information:
· the full name and Australian Business Number (ABN) of the employer
· full name of employee
· classification and employment status of the employee under the applicable industrial instrument (for example, the award or enterprise agreement)
· date on which the payment was made
· period of employment to which the payment relates
· gross amounts of remuneration (including overtime and other payments)
· amount paid as overtime or enough information to allow the employee to calculate the amount of overtime
· amount deducted for taxation purposes
· any amount deducted as employee contributions for superannuation purposes
· particulars of all other deductions
· net amount paid.
For a sample payslip or information about payslips and keeping employment records call Chris or Rae on 1300 361 968.
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Upcoming Forums
Lismore – 15 and 16 March 2005
Deniliquin – 7 and 8 June 2005
Taree – 9 and 10 August 2005
Bourke – 25 and 26 October 2005
A full list of participating government agencies and program of topics will be available at least two weeks before each forum.
Registration for these forums is essential for catering and administrative purposes. It will also enable us to let you know if information forums have to be re-scheduled or cancelled. To register please call Rae Hamilton or Chris Capper on 1300 361 968.
WorkCover information session at Moree in 2004.
Workshops and seminars
A new program of OIR seminars and workshops across NSW for March – July 2005 is now available under seminars and workshops.
Also, don't forget the Annual Leave calculator and the Long Service Leave calculator are also available on our website.
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Your Rights at Work - Part 8
Leave Entitlements
Annual Holidays Act 1944
All full-time and part-time workers in NSW are entitled to four weeks paid leave per year. Casual employees are also entitled to be paid one-twelfth of the employee's ordinary pay, as defined in the Annual Holidays Act 1944, to pay for the employee's annual holiday entitlement.
Long Service Leave Act 1955
Full-time, part-time and casual workers in NSW are entitled to two months paid long service leave after working for an unbroken period of 10 years with an employer. Long service leave then accrues at the rate of one month paid leave for each additional five years of service.
Upon termination, an employee with at least 10 years service must be paid for any long service leave accrued. Employees with at least five years service may also be entitled to a payment upon termination in some instances.
Parental Leave
Parental leave is leave taken by an employee as:
· maternity leave in connection with a pregnancy or the birth of a child
· paternity leave in connection with the birth of a spouse's child (including de-facto spouse's child) child
· adoption leave in connection with the adoption of a child up to 18 years old.
Parental leave is unpaid leave.
There is no requirement to provide part-time work to a full-time employee who is returning from parental leave. However, employers are advised to give reasonable consideration to such a request.
Personal/carer's leave
All full-time and part-time employees are entitled to personal/carer's (or family) leave. This is leave taken by an employee to care for and support a member of their family who is ill and for whose care they are responsible. Employees with personal/carer's responsibilities may also have access to flexible work practices, such as time-off-in-lieu of overtime and part-time work arrangements.
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Bereavement leave
All full-time and part-time employees are entitled to up to three days each year, without loss of pay for the death of a family member. Family members are:
· a spouse, de facto spouse or same sex partner
· a child, including adopted, foster, ex-nuptial or stepchild
· a parent, including foster, parent or guardian
· a grandparent, grandchild or sibling
· siblings of the employee's spouse or de facto
· a relative who is a member of their household.
Employers should check the relevant award or industrial instrument for conditions and industry variations.
Sick leave
If employees are unable to attend work because of illness or injury they are entitled to have time off without losing their pay. Most awards provide for at least five days in the first year and eight days in the second and subsequent years. Untaken sick leave can usually be carried forward for several years.
Some awards provide for a 'qualifying period' for sick leave in the first year of employment. This is usually up to three months. During this time employers may withhold payment for sick leave until after the qualifying period.
Part-time employees have a proportional entitlement to sick leave, depending on the number of hours worked.
Casual employees have no entitlement to sick leave.
Other leave entitlements
Other leave may also be provided to full-time and part-time employees, such as leave to perform jury service. Check the relevant award for details.
If you would like any further information on any of the leave entitlements mentioned here, please contact either Rae or Chris on 1300 361 968.
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