Know the deal
So, it is important to know which system covers your employer or potential employer, as it affects your rights and entitlements as a worker.
The NSW state award system covers employers who are unincorporated. This means they are a sole trader or in a partnership. They haven't formed a company and don't have Pty Ltd in their business name.
Employers under the state scheme can continue to use the award system to set pay levels for their workers. They must pay, at least, the minimum rate set out in the appropriate award or agreement and any specified allowances or entitlements.
State system employers and their workers can use the NSW Industrial Relations Commission to resolve disputes about wages, entitlements or unfair dismissal issues. They can also use the Commission to make collective enterprise agreements to suit their workplace.
The federal system covers most employers who are incorporated (for example Pty Ltd is part of their company name).
If an employer is incorporated, their workers could be under a federal award or an Individual Transitional Employment Agreement (ITEA) or other agreement.
However, some NSW laws continue to apply to all businesses and workers in NSW, regardless of their industrial relations coverage. These are laws about occupational health and safety, workers compensation, payment of wages, public holidays, long service leave, jury service, trading hours and anti-discrimination.
Important - are you under 18 years of age?
Laws introduced by the NSW Government now ensure that any worker under 18 years of age, regardless of which industrial relations scheme their employer uses, must be given fair pay and conditions.
The laws also provide protection from being unfairly dismissed by ensuring young workers who are under 18 have access to help from the OIR and the Industrial Relations Commission.
If a worker is under 18 years of age and is employed by a corporation, their employer will now need to ensure they receive pay and conditions in their ITEA or other agreement that are not less overall than the existing NSW award which covers the work they do.
Need more information?
It can be a bit confusing to know which scheme you are, or will be, under. If you need more information or help the Office of Industrial Relations (OIR) provides a range of services to help both employers and workers with their rights and obligations under the NSW state system and also young workers under 18 working for employers in the federal system.
Contact us on 131 628.
