Winter 2006 Number 19
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.
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?
Work Choices
The Federal government's Work Choices legislation took effect on 27 March 2006.
Launch of Compare What's Fair
The NSW Minister for Industrial Relations, John Della Bosca launched a new online calculator, called 'Compare What's Fair' on 2 March 2006. Compare What's Fair is designed to help employers and employees compare current state award entitlements with a proposed Australian Workplace Agreement (AWA).
Compare What's Fair is a new feature of the NSW Government's Fair Go Advisory Service, launched by Premier Iemma last year.
Provided by the Office of Industrial Relations, the Fair Go Advisory service features:
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a hotline for information on current award entitlements
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a checklist of issues to consider before signing an AWA
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a statewide program of seminars on the impact of the Work Choices legislation
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a range of web resources and publications.
The following awards are available on the calculator:
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Shops Employees (State) Award
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Clerical and Administrative Employees (State) Award
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Restaurant Employees (State) Award
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Hairdressers (State) Award
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Metal, Engineering and Associated Industries(State) Award
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Social and Community Services Employees (State) Award
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Transport Industry (State) Award
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Miscellaneous Kindergartens and Child Care Centres (State) Award
Compare What's Fair can be accessed through the OIR website.
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Pay increase for child care workers
On 7 March 2006 the Full Bench of the New South Wales Industrial Relations Commission awarded child care workers in NSW an increase in pay and working conditions. The increases are to be paid in equal instalments from 7 March 2006 through to 1 March 2008.
There has also been a change to the classification structure for all employees under this award as well as an increase in sick leave entitlements for all full time child care staff to 15 days a year for the first year.
For further information please call either Rae or Chris on 1300 361 968.
Pay increase for community service workers
On 3 March 2006 a Full Bench of the New South Wales Industrial Relations Commission awarded community services workers under the SACS award (Social and Community Services Employees State Award), wage and allowance increases totaling 10.5%. The increases are to be paid in three equal, annual installments. The first installment of 3.5% is payable from 1 July 2006. Further installments will become payable from 1 July 2007 and 1 July 2008.
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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.
Over the next two issues of Two Rivers, we hope to give both employers and employees an overview of the process, as well as contact information for further details.
Getting injured at work - what happens next?
Responsibilities of the employer
When there is an injury at work the employer must provide the employee with the following:
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First aid and/or transport to medical treatment
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The name of the employer's insurance company
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The company name and the contact details of the employer
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A workers compensation form (if requested by the employee) and
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Suitable duties and any assistance that will assist the employee's return to work
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Notify WorkCover on 131 050 for any serious incidents involving illness or injury
The employer must also do the following:
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For incidents that are not immediately life threatening, WorkCover must be notified within seven (7) days using the on line form or by calling on 131 050
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Notify the insurer – either electronically, in writing or verbally (either in person or by phone) of workplace injuries within 48 hours.
The insurer must be provided with -
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date and description of injury, and details of how the injury happened
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name, address, date of birth and contact number of the injured worker
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name and address of the company
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name of the treating doctor and contact number, or name of the hospital where the worker is hospitalised
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name and contact details of the person making the initial notification, and their relationship to the employer or the worker
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date of consultation with the treating doctor and the diagnosis
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when is the employee expected to return to work
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details of any time off work and the workers pay details and how payments are to be made.
What information needs to be forwarded to the insurer?
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A WorkCover medical certificate if provided by the employee, within seven days and;
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Ongoing medical certificates, receipts and accounts for medical and other treatment.
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Responsibilities of the Worker
When there is an injury at work, the injured worker must:
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Seek medical attention
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Notify the employer
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Record their name, the date and the cause of injury in the employer's register of injuries
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Sign the WorkCover certificate if one is required to:
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Participate and co-operate in the development and implementation of an injury management plan
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Comply with requests made by the insurer within seven (7) days (this may include obtaining a WorkCover medical certificate or completing a claim form)
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Make all efforts to return to work as soon as possible
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Participate in a return to work program.
Key Points
When there is an injury at work, the employer, the worker and the insurer have responsibilities. Full co-operation of all parties is needed so that the employee can return to work as quickly and safely as possible.
For further information, log on to the WorkCover website or contact WorkCover on 131 050.
Next issue - part two – Getting Injured at Work- the responsibilities of the insurer and injury management and return to work programs.
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
