Autumn 2006 Issue 18
ISSN 1447 9354
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.
What has happened since the last newsletter?
New workplace relations laws
In December 2005 the Australian Parliament passed the Workplace Relations Amendment (Work Choices) Act 2005, which introduced substantial changes to employment laws.
What do the new laws mean?
The new laws, most of which are due to take effect in March 2006, will change the way of determining if businesses are covered by State or Federal industrial relations laws.
Am I going to be affected by these changes?
Once the laws take effect, any organisation which is considered to be a 'constitutional corporation' will automatically be covered by the Federal industrial relations system.
What is a 'constitutional corporation'?
A 'constitutional corporation' is defined as a 'body incorporated under corporations law of a state or territory and engaged in, or substantially engaged in trading or financial activities'.
Businesses which are not constitutional corporations will continue to have the employment conditions of their staff covered by NSW industrial relations laws.
Partnerships, sole traders and unincorporated associations are not 'constitutional corporations', as such they will remain covered by the State industrial relations laws.
You should get independent legal advice to determine the status of your organisation and to find out if you will be affected by these new laws.
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What happens if I am currently in the NSW industrial relations system?
Unincorporated businesses with employees covered by NSW awards or agreements will remain in the NSW industrial relations system. That is, NSW employment laws will continue to apply and employees will remain covered by NSW awards.
Incorporated businesses with employees covered by NSW awards will move to the federal system. Information about employment conditions for these organisations is available from the federal Department of Employment and Workplace Relations.
What are the other major changes?
Under Work Choices, a new body called the Australian Fair Pay Commission (AFPC) will be established to set and adjust:
- standard federal minimum wage
- minimum wages for award classifications
- casual rates of pay
- piece rates of pay
- minimum wage rates for:
- juniors
- trainees and apprentices
- employees with disabilities
Work Choices sets the following minimum standards that all federal agreements must be measured by. These employment conditions are:
- a new minimum rates of pay
- 38 hours ordinary hours per week
- four weeks annual leave per year
- 10 days paid personal leave each year (this includes sick, family /carers and compassionate leave)
- 52 weeks unpaid parental leave (maternity, paternity and adoption leave).
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I have heard that there are to be changes to the unfair dismissal laws. Is this true and what may happen?
Unfair dismissal laws remain unchanged, except for those businesses covered by the federal industrial relations system.
For those covered by the federal industrial relations system, the changes mean that:
- employees of businesses with 100 or less employees will not be able to lodge an unfair dismissal claim
- employees of businesses with more than 100 employees cannot lodge an unfair dismissal claim within six months from the date they start employment
- redundancy will no longer be grounds for lodging unfair dismissal claims.
NSW laws which will still apply to all businesses
Several NSW laws will continue to apply to businesses operating in NSW, regardless of your industrial relations coverage. These include NSW laws on occupational health and safety and workers compensation, trading hours, public holidays, long service leave, jury service and anti-discrimination.
Where to get more information and help
- Your independent legal adviser to find out if , and how, the new federal industrial relations laws will affect you.
- OIR's Aboriginal and Torres Strait Islander Unit on tel: 1300 361 968.
FREE Information sessions
The OIR's Aboriginal and Torres Strait Islander Unit is running a number of information sessions over the coming months to help employers and employees understand the new federal industrial relations laws.
Please refer to the enclosed flyer for dates and locations of the sessions, or call Chris or Rae on 1300 361 968. |
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Changes to Clerical and Administrative Employees (State) Award
5 December 2005, following applications by Employers First and the United Services Union, the NSW Industrial Relations Commission varied the Clerical Award to:
- extend the span of ordinary hours on Mondays to Fridays from 6.00a.m-6.00p.m to 6.00a.m- 7.00p.m, with a 17% penalty to apply for work between 6.00 and 7.00p.m.
- enable employers to roster employees to work ordinary time on Saturdays and Sundays between 6.00a.m - 6.00p.m, with payment of penalty rates of time and one-half on Saturdays and time and three-quarters on Sundays
- require employers to give 28 days notice to employees required to work ordinary hours on Saturdays or Sundays
- provide employees, other than shift workers, working ordinary time on weekends to get unpaid meal break or a 20 minute paid meal or crib break by agreement with their employer
- provide meal allowances to be paid where employees are required to work past 7.00p.m.
Existing employees who receive overtime or additional payments for working on weekends will continue to receive such payments until 31 December 2006
The variations take effect from the first pay period commencing on or after 30 January 2006
For information about these and other changes to the award please contact the OIR's Aboriginal and Torres Strait Islander Unit on 1300 361 968.
Phone: 131 628
| Award Enquiries
©Office of Industrial Relations, NSW Department of Commerce
