Your Workplace Online
Seasons Greetings
December 2008 News Fair Work Bill introduced Caring Works - employing mature age staff with caring responsibilities Know the Deal - video competition winners announced Master of the Mall - interactive game for high school students Christmas and New Year public holidays Trading hours for Christmas and New Year Workplace advice in Vietnamese and Chinese Maternity at Work Practical Tips Pay for work done on trial basis Q&A – Anzac Day and Boxing Day holidays 2009 Q&A – Working for parents Q&A – Keeping up to date with pay rates via RSS What's On Workshops Community Relations Inspector visits Feedback
News
Fair Work Bill introduced
On 25 November 2008 Deputy Prime Minister and Workplace Relations Minister Julia Gillard introduced the Fair Work Bill into the Commonwealth Parliament. This legislation outlines the Rudd Government's new workplace relations system. The Bill: contains a set of ten legislated minimum requirements for all employees (the National Employment Standards) provides for modern awards which will contain wage rates and will cover industries and occupations as defined in each award. Minimum wages will be reviewed annually, and modern awards will be reviewed every four years emphasises collective bargaining at the enterprise level includes the ability for enterprises with a common interest to bargain together, as well as groups of low paid workers (eg child care workers, cleaners etc) contains no provision for statutory individual agreements, but modern awards and agreements must include provisions that permit individual employees and their employer to make agreements that apply conditions flexibly establishes a new tribunal to replace the Australian Industrial Relations Commission called Fair Work Australia (FWA). FWA's main role is to assist in bargaining and to approve agreements. FWA will also review modern awards, adjust minimum wages, assist in dispute resolution and deal with allegations of unfair dismissal. FWA will be
able to make workplace determinations where bargaining has broken down because of industrial action causing serious harm or in the event of a serious breach of good faith bargaining orders. The establishment of FWA, the bargaining provisions and the unfair dismissal provisions are all intended to commence on 1 July 2009. The NES, modern awards and the new wages system will commence on 1 January 2010. Second Reading Speech (plain English overview of Fair Work Bill, 14 pages) Fair Work Bill 2008 (613 pages) Explanatory Memorandum (518 pages) The Bill has been sent to a Senate Committee for inquiry and report back to Parliament by 27 February 2009. Anyone may make a submission to this inquiry.
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Caring Works - employing mature age staff with caring responsibilities
NSW Industrial Relations Minister, John Hatzistergos, launched a DVD and focus group report on 23 October 2008 based on an 18 month research project conducted by the Office of Industrial Relations which focused on the specific issues in relation to mature aged workers with caring responsibilities. Many older workers care for elderly parents, children or grandchildren, which means that businesses need to consider offering more flexible conditions to accommodate their workers. The project stems from the NSW Carers Action Plan, a five year whole of government strategy outlining the NSW Government's commitment to carers. The focus group report called Bringing out the Best, the video called Caring Works, and a Discussion Board are now available on the OIR website. Members of the public and interested parties are invited to log on and participate.
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Know the Deal - video competition winners announced
20 students from regional and Sydney metropolitan high schools have been congratulated for their prizewinning efforts in promoting workplace information to their peers at a presentation held at NSW Parliament House on Wednesday, 29 October 2008. The Know the Deal video competition was an initiative by the Office of Industrial Relations to raise awareness amongst high school students about workplace issues and of the Office's Young People at Work website. Students were asked to produce a video, not more than two minutes in length, which delivered at least one key message about workplace rights. The video had to appeal to young people aged between 14 and 20 years, and it also had to promote the Young People at Work website. The competition, which was aligned with appropriate school curricula, provided an opportunity for students to learn more about the issues they face when starting work, such as unpaid trials, rates of pay, leave entitlements and other workplace issues.
The successful students and schools are: Regional High Schools First Prize - James Fallon High School, Albury Alexandra and Madi Second Prize - Peel High School, Tamworth Amie, Elyse, Danielle and Abbey Third Prize - John Paul College, Coffs Harbour Jack, Jacob and Martin
Sydney Metropolitan High Schools First Prize - MLC School, Burwood Harriet, Nadia and Marissa Second Prize - Normanhurst Boys High School Matthew, Gary, Jeffrey and Jonathan Third Prize - Erskine Park High School Scott, John, Brad and Robert
You can watch the winning videos on the Young People at Work website.
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Master of the Mall - interactive game for high school students
The Office of Industrial Relations has been working collaboratively with the Office of Fair Trading in the development of workplace scenarios for their interactive computer-based education tool The Master of the Mall. This fun, interactive resource covers a broad range of shopping, work-related and financial literacy topics from the years 7 to 10 high school Commerce syllabus. The Master of the Mall game was launched by the Minister for Fair Trading last month as part of Fair Trading Week initiatives.
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Christmas/New year public holidays
The following days are the official public holidays for Christmas, New Year and Australia Day: Christmas Day, Thursday, 25 December 2008 Boxing Day, Friday, 26 December 2008 New Year's Day, Thursday, 1 January 2009 Australia Day, Monday, 26 January 2009 For more information on public holidays contact the Office of Industrial Relations on 131 628.
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Trading hours for Christmas and New Year
There are no restrictions on shops trading on any day of the week, including any Saturday or Sunday, unless it is a restricted trading day. The Shop Trading Act 2008 defines restricted trading days as: Good Friday Easter Sunday prior to 1pm on ANZAC Day Christmas Day Boxing Day
Under the Act, some shops are to remain closed on Christmas Day and Boxing Day, unless they have an exemption. New Year's Day is no longer a restricted day, and shops are free to either open or remain closed on this day. For more information on trading hours and what types of shops need to seek an exemption to trade on a restricted day, please visit the Office of Industrial Relations website.
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Workplace advice in Vietnamese and Chinese
NSW Minister for Industrial Relations, John Hatzistergos, has announced the availability of Vietnamese and Chinese versions of a range of workplace advice publications provided by the NSW Office of Industrial Relations. The on-line publications provide information on the following topics: Long Service Leave Annual Holidays Payslips Parental Leave Awards and Enterprise Agreements.
These publications cover the most common workplace information requested by members of the Chinese and Vietnamese communities.
An employer's checklist is also available in Chinese, Vietnamese and Korean, providing an easy to read, basic list of what employers must do to make sure they meet their obligations to their employees under our workplace laws. Additionally, the Working in NSW publication provides an easy to understand overview of workplace rights and responsibilities for workers and is available in Arabic, Chinese, Croatian, Korean, Macedonian, Serbian, Spanish, Turkish and Vietnamese. Mr Hatzistergos invites people to visit the Office of Industrial Relations website and access this translated information which provides helpful information about how they should be treated in the workplace. The publications are available at www.industrialrelations.nsw.gov.au
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Maternity at Work
A revised edition of Maternity at Work, a free booklet detailing the latest workplace rights regarding maternity leave is now available from NSW private and public hospitals and on the Office of Industrial Relations website. This is a step-by-step guide to maternity leave for new mothers, as well as their partners and employers. The booklet contains lots of practical information, such as exactly how and when you should notify your employer that you intend to take maternity leave and how long you need to have worked for an employer before you are entitled to maternity leave. Sample letters that women can use to arrange maternity leave and a list of helpful contacts are also included.
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Practical tips
Employers must pay for work done on trial basis
At this time of year many businesses are looking to take on extra staff to cope with the Christmas rush. Students are often keen to take up this holiday work for some extra cash. Employers are reminded that all work is to be paid for, including any training time or work undertaken on a trial basis. Q&A Question: Your website does not list a day off work for either the Anzac Day or Boxing Day Public Holidays in 2009. However, my 2009 diary shows that we are given the following Monday for these 2 days as a Public Holiday. Is this correct? Answer: When Boxing Day falls on a Saturday, the NSW government looks at past precedent and what other States and Territories may be doing to determine whether an additional Monday holiday will be given in NSW for that year. The situation regarding the 2009 Boxing Day holiday will be considered in mid-2009.
While the New South Wales Government is yet to consider the issue of Anzac Day falling on a Saturday in 2009, this occurrence has not previously resulted in the appointment of a Monday public holiday. Any decisions about additional or alternative public holidays are published in the New South Wales Government Gazette and announced through the Office of Industrial Relations website and future issues of Your Workplace Online. Question: I work for my father and we have had an argument outside work and he has sacked me as a result. I have outstanding payments for work I did for him from previous weeks. How do I go about getting my pay? Answer: Unless you are employed through a business, you will have to resolve the issue directly with your father. Work done for your parents is not considered to be working for an employer. Question: What is the best way to keep up to date with pay rate information? Answer: The Office of Industrial Relations has introduced RSS news feed technology on its website for 130 of the most frequently used NSW industrial awards to help clients keep up to date with pay rates. RSS feeds notify you when new content has been added to a website. RSS feeds allow you to see when new content has been added without receiving an email. Once installed, your news reader automatically sends you information about any changes to the areas of the OIR website you have nominated. RSS feeds are not affected by spam and viruses and can help you to manage your information updates more efficiently. Areas of the OIR website that have been set up for RSS feeds are indicated by this symbol .
For more information about how RSS feeds work, the benefits of subscribing to the service and how to set up your individual RSS feed subscriptions, access this link What's this? Subscribers to the Office of Industrial Relations Pay Rate Update email service please note that this service will be phased out over the next 12 months in favour of the RSS newsfeed service.
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What's on
Workshops
The Office of Industrial Relations (OIR) 2009 workshop program is now available on the OIR website. Industrial Relations in NSW and Workplace Arrangements are free courses which will assist employers to understand both the NSW industrial system and proposed changes to federal industrial relations law. Some free award specific workshops will also be conducted throughout the year. Industrial Relations in NSW will be continually updated during 2009, as the Fair Work legislation progresses and more information on the impact for employers and employees are known.
If you attend our Better Workplace Management series of workshops, made up of Recruitment and Retention, Writing Workplace Policies and Managing Employees the cost is $225, which is a saving of $75. You may also choose to do any single workshop from this series for $99. Check the OIR website for the full list of workshops and locations which will be conducted from February to July 2009 and remember that any course can be run in-house by request.
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Community Relations
The Office of Industrial Relations (OIR) Community Relations Program helps vulnerable workers, particularly young people and those from culturally and linguistically diverse (CALD) communities to better understand their rights and responsibilities in the NSW workplace. Since March 2006, the presentation team has delivered 418 information sessions to over 10,500 vulnerable workers, job seekers and students about their rights and entitlements at work. Almost 200 of these presentations were conducted during 2008. In addition to providing information about the industrial relations laws affecting workers in NSW, the presentations explain the range of resources and assistance available through the OIR. This year, the program's free online community newsletter, Work Smart, has become OIR's principal tool in connecting with vulnerable workers and job seekers, via important community networks. The newsletter is written in plain English and articles are written specifically so they can be used directly with students and clients. For more information, contact OIR's Community Relations Coordinator, Carol Hines, on 9020 4577 or email crt@oir.commerce.nsw.gov.au
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Inspector visits
To date during 2008, workplace inspectors have undertaken 488 targeted compliance campaigns. These campaigns involve checking employer compliance with New South Wales employment laws, and provide the Government with an analysis of employment levels across key industries in New South Wales. Over 12,000 New South Wales workplaces have been inspected this year, covering the employment of more than 37,000 workers. During these workplace visits, inspectors identified more than 3,300 employers committing breaches of New South Wales industrial relations laws, including 1,590 underpayments of wages, amounting to recoveries of over 3.25 million dollars. In most instances, employers voluntarily comply with the law, once breaches are identified and explained. The majority of inspections result in the employer either demonstrating compliance with the law at the time of the inspection or following information supplied by an inspector. Another highlight for the inspectorate during 2008 was the commencement of a co-ordinated program targeting regional NSW, called 'Out in the Regions'. The first event was held in Orange during November. The Office provided a range of inspection and education activities including workplace visits, workshops and an information stand located in the Orange City Centre Complex. Also present at the stand were staff from of the Office of the Workplace Ombudsman. OIR's availability to provide face to face information on workplace issues was welcomed by those visiting the stand.
This is an ongoing strategy that will see OIR visiting other regions in NSW during 2009, such as Broken Hill and Armidale.
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Feedback
This is the last issue of Your Workplace Online for 2008. Thank you for your feedback and questions throughout the year. The next issue will be in March 2009. Best wishes to all NSW employers and employees over the festive season and for 2009. Please send your feedback to the editor.
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