Summer 2007 Number 21
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.
The NSW industrial relations system covers most unincorporated businesses in NSW (e.g. sole traders and partnerships) as well as some incorporated businesses operating in NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
What has happened since the last newsletter?
Legislation Changes
Protection of Injured Workers
For the most part, any query with regards to Workers Compensation would be handled by WorkCover NSW. The only exemption to this was the provision under the NSW Industrial Relations Act 1996, which protected injured workers from dismissal due to the injury.
This provision, due to the passing of a new Act called the Industrial Relations Further Amendment Act 2006, now places the provision for the protection of injured workers in the NSW Workers Compensation Act.
This took effect from 1 December 2006.
What does this mean for me?
What this means is that no matter whether the organisation is a constitutional corporation and is covered under Work Choices or an unincorporated organisation, an employee will still be protected from being terminated because of injury or illness whilst on Workers Compensation during the first 26 weeks.
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New Child Employment Laws
Information for employers who are constitutional corporations
On 1 December 2006, the Industrial Relations (Child Employment) Act 2006 (the Act) became effective. This Act means all employees under the age of 18 who are employed by a constitutional corporation and who are employed on an agreement or arrangement which commenced on or after 27 March 2006 are entitled to minimum pay and conditions as set out in the comparable State award for each employee.
As well as minimum wages and conditions, an employee under the age of 18 will also have access to the unfair dismissal provisions in the NSW system if the employee has been terminated since 24 October 2006.
Workers under 18 years of age who are not employed by a constitutional corporation will continue to receive the entitlements and conditions of the NSW award and legislation.
Who do these laws apply to?
Employers who are constitutional corporations employing workers under 18 years of age who are employed under an agreement or arrangement which commenced on or after 27 March 2006.
An employer must also display a copy of the comparable (State) Award which is easily accessible to all young workers.
Employers who are constitutional corporations must provide their young workers with employment conditions which do not on balance, provide a detriment to the young worker when compared against the comparable NSW award and legislation.
From 1 December 2006, employers who are constitutional corporations must keep records about their young workers which comply with the Industrial Relations (Child Employment) Act 2006.
For each worker under the age of 18 years of age you must keep records of:
· The name of the employer
· The ACN (if any) and the ABN of the employer
· The child's name
· The child's date of birth (as provided to the employer)
· The date the child's employment began
· Whether the child works full time or part time
· Whether the child's employment is permanent, temporary or casual
· Any remuneration paid to the child
· The days the child works, the start and finish times of the work and the total number of hours worked on each day
· If the child's employment is terminated, the date of termination
· And any other matters prescribed by the regulations
You must keep these records for at least six years as required under Work Choices.
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Information for employees
Who does the law apply to?
All employees under the age of 18 who are employed by a constitutional corporation and who, either on or after 27 March 2006 have been employed under an agreement or arrangement.
Workers under the age of 18 who are not employed by a constitutional corporation will continue to receive the entitlements and conditions of the NSW award and legislation.
How do I know if I work for a corporation?
The easiest way to check if your employer is a corporation is to look for the letters Pty Ltd or ACN on –
The easiest way to check if your employer is a corporation is to look for the letters Pty Ltd or ACN on:
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Your pay slip
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Other documents that your employer has given you- for instance the letter of offer that your employer should have given you when you started work which described your pay and conditions
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Receipts or invoices which are given to customers
If the business is a sole trader or partnership, then they continue to be covered by NSW awards and legislation.
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What does this new law mean for my pay and conditions?
This new law requires all NSW corporations to provide all workers who are under 18 years of age to fair pay and employment conditions.
If you are employed by a corporation and you work under an AWA, a collective agreement or any other type of employment agreement that your employer may give you, your pay and conditions of employment cannot be less overall than an existing NSW Award which covers the work that you do.
For more information on the Industrial Relations (Child Employment) Act 1996 or any other queries, please contact the Aboriginal and Torres Strait Islander Unit.
What are individual and collective agreements?
This means that your pay and conditions will be written down in either:
Australian Workplace Agreement
An Australian workplace agreement (AWA) is an individual agreement between an employer and an employee that sets out terms and conditions of their employment.
Collective Agreement
A collective agreement is made between an employer and a group of employees or union who will be covered by the agreement.
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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
