Spring 2004 Number 12
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?
State Wage Case 2004
On 25 May the NSW Industrial Relations Commission handed down the 2004 State Wage Case decision, granting workers covered by New South Wales private sector awards a $19 per week wage increase.
The decision was a flow on from the National Wage Case Decision delivered by the Australian Industrial Relations Commission in early May 2004.
Award wages for NSW employees will rise in the coming months as parties to individual awards make application to the Commission to vary monetary rates in line with the $19 per week increase. A full copy of the decision is available on the OIR website.
New! Plain English employment guides
The OIR has just produced three new plain English guides specifically to guide employers who employ Aboriginal and Torres Strait Islander staff, people in kindergarten and childcare centres and staff in the social and community services sector. A copy of the guide to employing Aboriginal and Torres Strait Islander staff is enclosed with this newsletter.
Contact the Aboriginal and Torres Strait Islander Unit on 1300 361 968 for further information.
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Upcoming Forums
South Coast Information Forums
29 and 30 July 2004
NSW Government Offices
84 Crown Street
Wollongong
Batemens Bay Information Forum
9 and 10 September 2004
Batemans Bay Community Centre
2 Museum Place
Batemans Bay
Moree Information Forum
21 and 22 October 2004
Moree Services Club- Albert Street
MOREE
Registration
Registration is essential for catering and administrative purposes. They are also a means of contacting people if information forums have to be re-scheduled or cancelled if there is insufficient interest from the community.
To register please call Rae Hamilton or Chris Capper on 1300 361 968.
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Your Rights at Work - Part 6
We continue our series on rights of employers and employees at work.
Basic Entitlements
What is an award?
An award is a legal document setting out the minimum rates of pay and conditions of employment which apply to employees in a particular industry or occupation. Employers and employees cannot agree to 'contract out' of an award. That is, offer pay or conditions lower than those in an award.
The parties to an award are an employer, one or more employer organisations and unions representing the employees. The award must be approved by the Industrial Relations Commission of New South Wales (the Commission).
An award is legally enforceable. This means that if a person or an organisation breaches the award, penalties may be imposed.
Which awards cover employees at my workplace?
Employers need to find out which award covers their employees. Information about the type of work covered by an award is contained in the Area, Incidence and Duration clause of each award.
To find out if your employees are covered by a NSW award contact the Aboriginal and Torres Strait Islander Unit on 1300 361 968.
What happens if employees are award free?
If there is no award covering the employees, the employer and individual employee can mutually agree to the terms and conditions of the contract of employment. The exceptions include annual holidays, long service and parental leave which are covered by NSW employment laws.
Hours of Work
Each award states the maximum number of hours and days an employee can work without receiving any extra payment such as overtime. These hours are called 'ordinary hours'. The award specifies the earliest starting time and the latest finishing time for ordinary hours. Hours worked outside these limits, or more than the maximum daily or weekly limits, must be paid as overtime.
Most awards provide for a five-day week with the maximum number of ordinary hours set between 35 and 40 hours. Awards where hours have been reduced to less than 40 hours per week may provide flexible rostering arrangements
Public Holidays
There are ten standard public holidays in NSW each year. In addition, the government may declare special public holidays from time to time. Most awards provide for a union picnic day or other additional holidays which are treated much the same as normal public holidays.
Work performed on public holidays is usually paid at double-time and one-half (an extra 150%) with a minimum payment for four hours' work. Employees engaged on a weekly basis whose ordinary hours of work coincide with a public holiday are entitled to the day off without loss of pay. Many awards provide that if employees are absent without reasonable cause, the day before or after a public holiday they forfeit payment for those days.
Major public holidays in New South Wales are:
New Year's Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queens Birthday
Labour Day
Christmas Day
Boxing Day
Sick Leave
The minimum period for sick leave in most awards is five days during the first year and eight or ten days per year during subsequent years. Untaken sick leave is usually carried forward cumulatively for a number of years. Often there is a qualifying or withholding period of three months in the first year before payment for sick leave becomes due. Payment within this qualifying or withholding period is normally required by awards when that period has expired. Check the relevant award for details or contact the Aboriginal and Torres Strait Islander Unit on 1300 361 968.
PREVIOUS ISSUE: Starting Work
NEXT ISSUE: Pay and Leave Entitlements
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Pay Rate Updates
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The Office of Industrial Relations provides a free service to keep you up to date with changes to NSW awards that affect your workplace. Pay Rate Updates is a new service from the Office of Industrial Relations that offers you a quick and easy way to stay informed.
To sign-up for this free service go to the Pay Rate Updates page.
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
Phone: 131 628
| Award Enquiries
