State Wage Case
On 26 June 2006, the NSW Industrial Relations Commission (IRC) handed down its decision in the 2006 State Wage Case, granting a $20 increase in award rates of pay to NSW employees. This increase will only apply when the relevant award is varied by the IRC.
The State Wage Case increase applies to employees who are not subject to the federal government's Work Choices legislation.
To check if your award has been varied, please contact the Aboriginal and Torres Strait Islander Unit on 1300 361 968.
New unfair dismissal salary cap
For award free employees to be able to seek a remedy through the unfair dismissal procedure, the employee must earn less than a certain salary. If an employee earns more than the salary stated, the employee is not able to lodge a claim for unfair dismissal with the Australian Industrial Relations Commission or the NSW Industrial Commission.
On 1 July 2006, the new salary cap for the purposes of unfair dismissal is $98,200 per annum. This amount is automatically varied each year.
Your Rights at Work
The Your Rights at Work series was designed to answer some of the frequently asked questions received by the Aboriginal and Torres Strait Islander Unit.
A topic that comes up regularly is the issue of injured workers - what are the rights of the employer and the rights of the injured worker.
Last issue, we discussed - getting injured at work, responsibilities of the employer, what information needs to be provided to the insurer, and the responsibilities of the worker.
Now to part two -
What are the responsibilities of the insurer?
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contact the worker, the employer, and the treating doctor (if required) within three days, and consult with all relevant parties to ensure that the worker receives necessary assistance to recover and return to work
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develop an injury management plan for the worker in consultation with the employer, the doctor and the worker
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provide the employer and worker with information regarding the injury management plan
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keep the employer informed of significant steps taken or proposed under the injury management plan.
Injury Management and Return to Work Programs
What is injury management?
Injury management is about ensuring the prompt, safe and durable return to work of an injured worker.
Injury management includes the treatment of the injury, rehabilitation back to work, retraining into a new skill or a new job, management of the workers compensation claim and the employment practices of the employer.
Everyone involved is required to co-operate and participate in injury management, including the insurance company, employer, injured worker, treating doctor and all treating practitioners.
What is a return to work program?
A return to work program consists of the formal policy and procedures that an employer must have in place to help injured workers with their recovery and return to the workplace.
It outlines an organisation's commitment to assist injured workers with accessing necessary treatment and rehabilitation, and specifies the steps to be taken to achieve a safe, timely and durable return to work.
A return to work program must be displayed at the workplace and workers must be notified of the program. A copy of the program must be given to any employee who requests one.
All employers in NSW must develop a written return to work program within 12 months of becoming an employer. Failure to establish a return to work program is an offence under section 52 of the Workplace Injury Management and Workers Compensation Act 1998. Penalties apply.
I am an employer, why should I get involved in injury management?
Employers who work closely with the insurance company and the injured worker will be able to influence the progress of the worker's injury. The earlier an injury is treated and managed, the sooner the worker will return to work and recover from the injury.
This means less downtime and lost productivity, as well as saving in claims costs (and therefore lower premiums) for employers.
Key Points
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Injury management helps an injured worker get back to work quickly and safely
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The cooperation and participation of the employer, the treating doctor and the insurance company in the injury management process is essential for achieving the best possible outcomes
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Having policies and procedures in place before an injury happens, and knowing how to develop plans to help injured workers, is the responsibility of both the employer and the insurance company.
For further information, visit the WorkCover website or contact WorkCover on 131 050.
Please note - the above information is an overview and should be read in conjunction with the appropriate WorkCover legislation. For more information please contact WorkCover on the number provided above.
Last Issue – Part 1 of Getting Injured at work
Next issue - Termination, Redundancy and Dismissal
Industrial Relations changes - what can the Aboriginal and Torres Strait Islander Unit help you with now?
Whilst there have been many changes to the Industrial Relations system over the last few months, the Aboriginal and Torres Strait Islander Unit will still be able to provide you with information, advice and assistance.
Phone: 131 628
| Award Enquiries
