At the request of Members we have now created a Business Solutions Contact newshub page specifically related to the items that impact your business through WorkPlace Relations, Occupational Health and Safety, Taxation and other compliance issues – this page will be updated as new items become available so please add to your favourites

Information and Resources for Modern Awards

NEW INFORMATION: Modern Award Mapping Tool Released by AIRC

The AIRC has released a Modern Award Mapping Spreadsheet which can be used as a guide to determine which Modern Award may cover an employer (on-hire firm and/or client).

The spreadsheet provides a list of Federal Awards and NAPSA’s (applicable before 1 January 10) and then provides information on the possible Modern Award which, from 1 January, is likely to cover the work previously covered by such Award or NAPSA.

In the opinion of BSC workplace relations service provider Stratecom, it is a useful tool but it is not fail safe! 

Therefore, it is recommended that you use this spreadsheet as an initial guide only and then seek professional confirmation of your result from a professional service provider READ MORE

Memo: Calculation of Penalties for Casuals under Modern Awards

Following discussions with a range of parties, it now appears that there is some common understanding on the calculation of penalties for casual employees under Modern Awards. READ MORE

Modern Award Audits and other Support Programs are available through Stratecom. Read More

Modern Awards for Recruiters – if you missed this session then purchase the download NOW – ONLY 14 days to go!  Are you ready? Order Form

BSC Templates to Purchase, including updated templates for Modern Awards. Order Form

UPDATE BSC Management Guide – Termination of Employment in Recruitment and On – Hire – this FREE template has been revised and is now available to download using your Corporate login.

A new template has been added to the comprehensive list available for purchase. This template is to assist those Members wishing to make an Enterprise Agreement.

Be sure to register for the first webinR session in 2010 - The Underbelly of the National Employment Standards - understand what to watch out for. Register Here

FREQUENTLY ASKED QUESTION RE MODERN AWARDS AND PAYSLIPS

There is no requirement to specify the applicable Modern Award on a payslip under the Fair Work legislation. However, there is an obligation is most Modern Awards (see example Modern Award for Clerks attached – clause 5) to provide employees with access to a copy of the Modern Award and NES and where employees have access to internet, this may be done online.

This may be very difficult to maintain for on-hired employees therefore, you may wish to notify employees with internet access of the applicable modern award and ability to access this award and the NES via your website and reference it on the payslip. We have not determined yet whether this will satisfy your obligation under the award but it is probably the most practical option given employees may regularly change award coverage under the new modern award scheme. This may not be suitable for those employees without internet access. READ MORE

Work Health and Safety Bill
(previously known as Model OHS Act)

Nationally consistent OHS law will begin in all Australian States and Territories on 1 January, 2012 the Workplace Relations Minister’s Council has confirmed.

In the meeting held in Melbourne on 11 December, the Council also approved the content of the Model OHS Act, now called ‘Work Health and Safety’ Bill.

In an exciting development, RCSA’s principal submission points on the Model Legislation were adopted, which we are delighted with.

In response to question 11 of the discussion paper questions, RCSA strongly submitted that clause 18(4)(d) of the model law be amended so that PCBU’s (new name for employers and others conducting a business or undertaking) have the duty to ‘ensure’ the primary duties under the Act. 

This is important for on-hire firms as it will be open to a duty holder to work with other duty holders to meet their obligations under the Act in the most effective manner and will hopefully limit unnecessary duplication.

We are also delighted with the retention of clause 15(3)(b) which outlines a principle that a person with concurrent duties must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

Other aspects of the RCSA were adopted such as:

• The incorporation of a definition of ‘Due Diligence’ for Officers
• The incorporation of a new part which requires the ‘negotiation’ and ‘agreement’ on the introduction and composition of ‘multiple business work groups’ from clause 54 to 58, which will reduce the difficulties associated with multiple employer representation by representatives.

We are however, disappointed that the model law was not amended to require a notice (PIN or Prohibition Notice) to be copied to all PCBU’s that may be affected by it and that the law will simply require it to be displayed within the workplace and issued to the relevant PCBU.  This is something on-hire firms will need to require as part of their terms of business and OHS agreements.

The Modern Work Health and Safety Bill can be read Here

The RCSA Submission can be read Here

The BSC is running a webinR on the new model law and how to start preparations:

Prepare Now for the Work Health and Safety Bill  Register Here

457 VISA Update

Amendments to Preserve the Base Rate of Pay for 457 Visa Holders who Perform an ICT Activity

From 01 January 2010, the Migration Regulations have been amended to preserve the base rate of pay (at the existing Minimum Salary Level) for people who were granted a Subclass 457 visa on the basis of a nomination approved prior to 14 September, 2009 to perform an Information Communication Technology (ICT) activity in an designated ICT ASCO occupation. READ MORE

Modern Awards

Last Friday the Full Bench of the Australian Industrial Relations Commission handed down its decision in relation to the Stage 4 Modern Awards, which included coverage of on-hired employees and recruitment staff.

In relation to the coverage of on-hired employees the decision reflects the submission of RCSA and Ai Group in almost every facet.  In short, Modern Award coverage provisions will, in most circumstances, be amended to incorporate the model clauses proposed by us such that the Modern Award applying to client employees performing the same work will apply to on-hired employees.

A copy of the decision can be read Here.

The model provisions are, with an amendment to reflect relevant exclusions, as per the model clauses proposed on 17 November (decision available Here)

RCSA and AiG’s final submission can be read Here

Recruitment Consultant and Staff Modern Award Coverage Appears to have been Avoided

However, in relation to the coverage of recruitment staff who were previously award free e.g. recruitment consultants, the decision is not so clear.  In an attempt to avoid coverage of positions currently award free, the Full Bench will insert the following exclusion in to the Miscellaneous Award:

“4.2 The award does not cover those classes of employees who, because of the nature or seniority of their role, have not traditionally been covered by awards including managerial employees and professional employees such as accountants and finance, marketing, legal, human resources, public relations and information technology specialists.”

Upon first consideration we do believe that this exemption should exclude coverage of recruitment staff who are currently award free given it falls within the scope of the ‘nature of their role’.  Furthermore, we would argue that recruitment staff are essentially human resource specialists of a professional nature and thus covered by the inclusive example.

Whilst the exemption is not as clear cut as we would have liked, it is a lot better than what we previously proposed within the exposure draft.

Additional BSC Templates for Workforce
and Candidate Management

The following BSC Templates have been updated in preparation for the commencement of the National Employment Standards (NES) and Modern Awards from 1 January, 2010.

Employment Contract – Permanent (Recruitment Staff)

Employment Contract – On-Hire Casual

Where Members use these templates to update existing employment contracts it is recommended that it is undertaken prior to, or shortly after, 1 January.  Whilst the changes are small they are important to reflect the changes to terminology and procedure introduced by the Fair Work legislation of which stage 2 begins on 1 January.

Employees may be advised that these templates do not significantly change any benefits to employees other than the reflection of statutory changes.

Access the complete suite of Workforce and Candidate Management Templates (including the updates just announced) using your Corporate log in Here.

For further information on the templates and how to introduce for existing employees email the Business Solutions Contact at bsc@rcsa.com.au

Member demand has also resulted in the development of a template for Candidate Registration for Permanent Placement only- this template is suitable for use in Australia and New Zealand. The template suggests wording for a number of understandings that might commonly exist between an employment service provider and a candidate. 

It is designed so that in jurisdictions other than Australian Capital Territory, Queensland and South Australia documents that follow its drafting operate as a contract.  The complexity of the document has resulted in the BSC advisers undertaking a controlled release.

This template is part of the suite of FREE documents but in order to ensure it is used and understood correctly it can only be accessed by emailing info@rcsa.com.au with the subject line Candidate Registration/Permanent.

BSC Memos available using your Corporate login

VICTORIA: WorkSafe warns on-hire firms of the risks of fumigant exposure when unloading shipping containers READ MORE

$90,000 Fine for On-hire Company Failure to Perform Risk Assessments and JSA’s

A Victorian On-hire firm has been fined $90,000 for failing to ensure the safety of an on-hired worker who lost three fingers in a meat processing machine whilst on assignment to a client.

The fine, which was double that of the client, was handed down because the on-hire firm failed to fulfil its duties under the OHS Act. read MORE

Fair Work Australia, Matters Pertaining, Contracting Out and Labour Hire

Fair Work Australia (“FWA”) has recently released decisions dealing with proposed collective agreement clauses which focus on an employer’s ability to contract labour hire employees. Fundamentally, clauses that place significant restrictions on the employer’s ability to engage labour hire employees will not be allowed in a collective agreement. read MORE

Fair Work Australia Rules on Representational Rights, Notifying Period and the Enterprise Bargaining Vote

Fair Work Australia (FWA) has ruled that the required minimum 21 day notice period between giving employees their representational right notice and voting on the agreement, commences the day after the giving of the representational rights notice. read MORE

All Private Sector Employers Under Fair Work from 1 January Except WA

In addition to the passing of the Fair Work Act 2009 (“Act”) through Parliament earlier this year, a number of other laws relating to the Act have also passed. These other laws deal with the transition or implementation of the Act into the national system, including laws redefining the relations between Federal and State Governments regarding industrialrelations. read MORE

All Care – No Responsibility Provisions May Leave Recruiters with Liability to Ensure Candidate Suitability

Four recent cases have highlighted the view that, in the absence of an effective exclusion clause, recruiters may be left facing legal liability if they have not exercised reasonable care in selecting the candidates whom they put forward for interview.  This can remain the position even if they have used some form of the familiar “all-care-no-responsibility” provisions frequently found in recruiters’ terms of business; and even though they may have left the “ultimate decision” to the client. read MORE

Clerks Modern Award Loses High Income Exemption but Wins Annualised Salary Exemption

A recent decision made by the Australian Industrial Relations Commission has lead to the removal of an exemption for highly paid employees previously contained in the Clerks - Private Sector modern award. Before this decision employees covered by the Clerks Private Sector who were paid more than 15% over the highest classification were exempt from obligations to pay entitlements such as overtime. A similar decision has been handed down in relation to the Banking, Finance and Insurance Industry modern award. read MORE

Other Memos and Guidance Notes related to employment topics

read more

 

Fair Work Act Information Centre

BSC legal advisers Lander & Rogers have issued the following notice for RCSA Members:

The Fair Work Ombudsman has now released the Fair Work Information Statement, which must be provided to all new employees from 1 January 2010 in accordance with the National Employment Standards. 

A copy of the Fair Work Information Statement is available here.

The Fair Work Information Statement gives employees information on workplace matters including:

• the National Employment Standards;
• modern awards;
• agreement-making;
• the right to freedom of association;
• the role of Fair Work Australia and the Fair Work Ombudsman;
• termination of employment;
• individual flexibility arrangements; and
• right of entry (including the protection of personal information by privacy laws).

Employers may provide the Fair Work Information Statement to their employees by various means including:

• giving a hard-copy to each employee personally;
• posting, emailing or faxing a copy to each employee;
• emailing to each employee an electronic link to the page of the Fair Work Ombudsman's website
• on which the statement is located; or
• any other manner of giving the statement to an employee.

Opportunities for Members

Pacific Seasonal Worker Pilot Scheme – New Expressions of Interest Requested

Call for expressions of interest from companies interested in participating in the Pacific Seasonal Worker Pilot Scheme as employers of Pacific seasonal workers has been launched on the Pilot's website.    

For the Expression of Interest documentation please refer this link.

EOIs will be assessed against the selection criteria set out in the EOI documentation as they are received. The call for EOIs closes 15 Feb 2010.

Labour hire companies that have registered with the Pilot's mailbox will also be informed of the further call for EOIs and companies that did not meet the selection criteria for the July/August 09 EOI process will also be invited to submit a further EOI.

If you have any questions about the EOI process please contact Susannah Smith on (02) 6121 9219.

Inquiries and Reviews of Interest to Members

AUS: Inquiry into Exceptions and Exemptions to the Equal Opportunity Act 1995

The Scrutiny of Acts and Regulations Committee received a reference from the Governor in Council to inquire into, consider, and report to the Parliament on whether any amendments should be made to the exceptions and exemptions provided for in the Equal Opportunity Act 1995 [Victorian Government Gazette, G51, 18 December 2008].

The Final Report relating to this Inquiry is now available from this website via this link

Email bsc@rcsa.com.au and quote Inquiry EOA if you have any feedback you want RCSA to consider and/or you have made a submission on behalf of your organization.

General Business News

RCSA has made a submission to the SA WorkCover consultation on the framework for employer incentives. READ MORE

 

Australian Government report: Making it Fair - Pay equity and associated issues related to increasing female participation in the workforce READ MORE

Payroll Tax Updates

NSW: New nexus provisions to determine liability for payroll tax in NSW have now been issued READ MORE

The following legislation has also been amended.

 The Duties Act 1997

 The Parking Space Levy Act 2009

The Payroll Tax Act 2007read MORE

VIC; The Bulletin has been issued as a result of the changes to state taxes introduced by the State Taxation Acts Further Amendment Act 2009.

The Bulletin explains the changes to the First Home Owner Grant Act 2000, the Land Tax Act 2005, the Payroll Tax Act 2007 and the Taxation Administration Act 1997 (TAA). It also discusses the repeal of the Taxation (Reciprocal Powers) Act 1987, and the incorporation of the powers and responsibilities previously contained in that Act into the TAA. read MORE

 

 

Back to top