NewsJanuary/February 2005Happy New Year from Australian Workplace Agreements for 2005! The new year brings about a significant change for visitors to the AWA website. The newsletter service previously only available via paid subscription will now be made available to all users free of charge! Copies of all past newsletters are now available for download in PDF format from the Downloads area of this website. The newsletter contains a goldmine of invaluable information for the small and medium business operator: workplace and industrial relations advice, handy tips and templates, and the outcomes of current legislation and recent court cases. Newsletters will continue to be released throughout 2005, now on a bi-monthly basis. And of course you can still buy the Australian Workplace Agreements Workplace Bargaining Manual via the Downloads area. At $295 (plus GST), the Workplace Bargaining Manual is an outstanding investment for business owners looking at establishing or overhauling an Australian Workplace Agreement. The Manual takes you through the AWA process step-by-step, via a template that is easily customised for your own business' needs. We trust you will find the a-w-a.com.au website an even more valuable resource this year, and hope that you make it your first stop for reliable advice on Australian workplace relations. November/December 2004 |
Christmas Day |
Tuesday, 28 December 2004 |
Boxing Day |
Monday, 27 December 2004 |
New Years Day |
Monday, 3 January 2005 |
Australia Day |
Wednesday, 26 January 2005 |
For further information in relation all other gazetted Public Holidays for 2005 and the impact they will have upon your business operations please refer to our Newsletter service in the Downloads.
Entitlements of employees
In Victoria, the entitlements of employees to Public Holidays can vary depending on whether the employees are covered by a Federal Award or a registered workplace agreement.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Employees not covered by a Federal Award or agreement
Permanent employees in Victoria who are not covered by a Federal Award or a registered workplace agreement who would normally work on the day of a public holiday are entitled to the holiday without loss of pay.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Employees covered by a Federal Award or agreement
Many Federal Awards and registered workplace agreements provide additional penalty rates for work performed on a public holiday. You should consult your Federal Award or agreement to find out if any specific public holiday entitlements apply to your workplace.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Overtime
At this time of year some businesses may take on additional work, or open for extended hours. Employers may require an employee to work reasonable overtime. Where a Federal Award or a registered workplace agreement is in place the appropriate penalty rates will apply to any overtime worked.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Requirement to work
Federal Awards and registered workplace agreements generally allow the employer to require an employee to work on a public holiday to meet the needs of the business. The relevant penalty rates will apply to anyone directed to work.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Annual close down
Many businesses close down for a time over the Christmas period. For Victorian businesses covered by a Federal Award or a registered workplace agreement, the award or agreement may contain provisions relating to an annual close down. This may include the period of notice required to be given by the employer and what happens when employees do not have sufficient annual leave to cover the close down period.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Annual Leave
Where a public holiday falls during an employee's period of annual leave that day will count as a public holiday and is not deducted from an employee's annual leave balance.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Annual Leave Loading
Many a Federal Award or registered workplace agreement provides for a loading to be paid on top of an annual leave entitlement. You should check your award or agreement to see if it contains this loading.
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Common Rule Awards
Finally please do not forget, as of 1 January 2005 all employers in the state of Victoria not covered by a Federal Award will be covered by a Victorian common rule Award. By law you will be required to commence paying the wages, penalties and allowances contained in the awards from the first pay period beginning on or after Monday 3 January 2005 and no later than 5 January 2005 .
For further information in relation to this matter and the impact it may have upon your business operations please refer to our Newsletter service in the Downloads.
Recent court cases and their impact upon your business
Given the thousands of cases, which are heard before the Australian Industrial Relations Commission each year, we have selected for you our readers of the Australian Workplace Agreements ® newsletter the following case, which we believe will have a significant impact upon your business.
In the majority of cases it can often be found, had the parties been able to discuss and seek a resolution in the relevant matter or sought advice before making any significant decision in the matter, then unnecessary time, cost and anguish could have been avoided.
In this matter the Commission heard that an employee was terminated as a result of his having used his organisations credit card on five occasions, to obtain cash or a service for his own personal use and not the departments.
For more details involving this case and its potential impact upon your business please refer to our Newsletter service in the Downloads.
October 2004
Victorian Common Rule Awards
On Monday 18 October 2004 the Australian Industrial Relations Commission declared the following Federal Awards currently operating in the hospitality industry to be common rule in Victoria effective from 1 January 2005 :
• The Hospitality Industry – Accommodation, Hotels, Resorts and Gaming Award 1998
• Licensed Clubs (Victoria) Award 1998
• Motels, Accommodation and Resorts Award 1998
• Liquor and Accommodation Industry – Restaurants – Victoria – Award 1998
For further information in relation to the outcome of these and other decisions and the impact they will have upon employees who are engaged by your business please refer to our Newsletter service in the Downloads.
Impact of Victorian Common Rule Awards
As stated in Edition 8 of the Australian Workplace Agreements ® newsletter the Australian Industrial Relations Commission made its first decision on common rule Award applications for Victorian employees on 17 August 2004. As a result of that decision, 11 Federal Awards will now apply as common rule throughout Victoria from 1 January 2005 .
The titles of the Victorian common rule Awards give an indication of the industry sectors the Awards will apply to. Victorian common rule awards contain a clause called ‘the industry' which outlines the type of work covered. This is the clause the employer should check in the relevant Victorian common rule award to see if it applies to their workplace.
For further information in relation to the outcome of these and other decisions and the impact they will have upon employees who are engaged by your business please refer to our Newsletter service in the Downloads.
Recent court cases and their impact upon your business
Given the thousands of cases which are heard before the Australian Industrial Relations Commission each year, we have selected for you our readers of the Australian Workplace Agreements ® newsletter the following case which we believe will have a significant impact upon your business.
In the majority of cases it can often be found, had the parties been able to discuss and seek a resolution in the relevant matter or sought advice before making any significant decision in the matter, then unnecessary time, cost and anguish could have been avoided.
The case I will be referring to relates to an employee who was terminated, due to the employee's alleged unsatisfactory work performance during a trial period of employment. The letter of dismissal referred to the employee clearly disobeying a lawful instruction at the commencement of his employment, to cease with the practice of taking money from petty cash to “shout” customers a free drink.
For more details involving this case and its potential impact upon your business please refer to our Newsletter service in the Downloads.
September 2004
Unfair Dismissal
Each year pursuant to the Regulations of the Workplace Relations Act 1996 (Cth) , the ceiling limit for compensation is indexed in accordance with cost of living and CPI adjustments. Also the filing fee is reviewed in relation to those employees who make such an application.
For further information in relation to the revised salary limits of those employees who are able to file an application and the maximum compensation levels which came into effect from 1 July 2004 please refer to our Newsletter service in the Downloads.
2004 Safety Net Review [Victorian Employees]
Further to Edition 5 - May 2004 of the Australian Workplace Agreements ® newsletter regarding the 2004 Safety Net Review adjustment, we can advise Victorian employees who are presently Award free and covered by a relevant industry Minimum Wages Order are now entitled to the same increase.
For further information in relation to the wage increases of those Victorian employees who are not covered by a Federal Award please refer to our Newsletter service in the Downloads.
ACTU Personal Leave Hearing
For some time now the Australian Council of Trade Unions has been negotiating with peak employer associations for a test case to be heard before the Australian Industrial Relations Commission.
For further information in relation to the outcome of those discussions and the impact such a decision will have upon employees who are engaged by your business please refer to our Newsletter service in the Downloads.
Recent court cases and their impact upon your business
Given the thousands of cases which are heard before the Australian Industrial Relations Commission each year, we have selected for you our readers of the Australian Workplace Agreements ® newsletter the following case which we believe will have a significant impact upon your business.
In the majority of cases it can often be found, had the parties been able to discuss and seek a resolution in the relevant matter or sought advice before making any significant decision in the matter, then unnecessary time, cost and anguish could have been avoided.
The case I will be referring you to involved an employee who had been employed by the same organisation on a Casual basis every weekend for the past 20 years, and had not been paid their Long service Leave. The matter which was heard in the Melbourne Magistrates Court, may have implications upon your business and the manner in which you engage employees.
For more details involving this case and its potential impact upon your business please refer to our Newsletter service in the Downloads.
August 2004
Victorian award update
In Edition 6 : June 2004 of the Australian Workplace Agreements ® newsletter we provided our many readers with further details of the soon to be introduced changes to the workplace relations system in Victoria resulting from the Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003.
As previously advised on 1 March 2004 employers and unions sought a common rule award test case in Victoria by making application to the Australian Industrial Relations Commission to have various Federal Awards declared common rule in Victoria.
The outcome of this process in addition to formal hearings before the Commission, was the delivery of the Commissions long awaited decision on Tuesday 17 August 2004.
A Full Bench of the Australian Industrial Relations Commission after having considered applications to declare 11 industry awards Common Rule, determined a set of principles in dealing with a further 174 applications, which will come into effect from 1 January 2005.
For more details involving these soon to be introduced changes please refer to our Newsletter service in the Downloads.
Recent court cases and their impact upon your business
Given the thousands of cases which are heard before the Australian Industrial Relations Commission each year, we have selected for you our readers of the Australian Workplace Agreements ® newsletter the following case which we believe will have a significant impact upon your business.
In the majority of cases it can often be found, had the parties been able to discuss and seek a resolution in the relevant matter or sought advice before making any significant decision in the matter, then unnecessary time, cost and anguish could have been avoided.
The case I will be referring you to involved an employee who had admitted they had sent 23 inappropriate emails including pornographic or otherwise sexually explicit images on the employer's email system both to other employees and to external recipients.
For more details involving this case and its potential impact upon your business please refer to our Newsletter service in the Downloads.
The importance of a registered Workplace Agreement
In every edition of the Australian Workplace Agreements ® newsletter we provide our many readers with advice and informed comment regarding changes both by legislation and by case precedent, which can effect your business.
One of the most contentious issues which has been around since the commencement of Australia's industrial relations system are the grounds by when an employer may safely terminate the services of an employee.
For more information involving such matters and the benefits of having procedures in place for your business please refer to our Newsletter service in the Downloads.