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About Our Blog From the HR department – many Award and Industrial Relations changes … Just give me the facts!
About Our Blog From the HR department – many Award and Industrial Relations changes … Just give me the facts! 9MarFrom the HR department – many Award and Industrial Relations changes … Just give me the facts!
Posted on 9/03/2017 by Nine2Three
In the last few weeks, there have been many changes to the Industrial Relations landscape including the changes to the penalty rates for some weekend workers and the changes to the 457 visa conditions. There has also been a bevvy of information from all sources giving advice and background to these changes. As a busy business owner, I know that sometimes, I just want the facts only – in a concise and easy to read format – just give me the info I need to know, so I can be informed and move on! So here, it is … Just the facts and what you need to do about it …
The only awards dealt with in the Order are:
• Award: Fast Food Industry Award MA000003
• Award: General Retail Award MA000004
• Award: Hospitality Industry General Award MA000009
• Award: Pharmacy Industry Award 2010 MA000012
• Award: Restaurant Industry Award 2010 MA000119
• Award: Registered and Licensed Clubs Award 2010 MA000058
The main changes for these awards are:
Award: Fast Food Industry Award MA000003
- Level 1 casual employees working on a Sunday have their rates reduced from time and three quarters to time and a half (175% to 150%)
- Make sure you have classified your employees, as level 1 permanent employees have reduced Sunday penalty rates from time and a half to time and a quarter (150% to 125%)
- Public holiday penalty rates reduced to double and a quarter time (225%) for permanent full time and part time staff
- Public holiday penalty rates reduced to double time and a half (250%) for casual staff.
- Review early/late night loadings for additional changes from March 2017
Award: General Retail Award MA000004
- For casual employees, Sunday penalty rates will reduce from double time to time and three quarters (from 200% to 175%)
- Sunday penalty rates for all permanent employees will reduce from double time to time and a half (from 200% to 150%)
- Public holiday penalty rates reduced to double and a quarter time (225%) for permanent full time and part time staff
- Public holiday penalty rates reduced to double time and a half (250%) for casual staff.
Award: Hospitality Industry General Award MA000009
- There are no changes for casuals under this award
- Sunday penalty rates for all permanent employees will reduce from time and three quarters to time and a half (from 175% to 150%)
- Public holiday penalty rates reduced to double and a quarter time (225%) for permanent full time and part time staff
- Public holiday penalty rates reduced to double time and a half (250%) for casual staff.
Award: Pharmacy Industry Award 2010 MA000012
- Permanent employees working from 7.00am – 9.00pm on Sundays will have their penalties reduced from double time to time and a half (200% to 150%)
- Casual employees working the same hours (7am-9pm) on a Sunday will also have their rates reduced from double time to time and three quarters (200% to 175%).
- Public holiday penalty rates reduced to double and a quarter time (225%) for permanent full time and part time staff
- Public holiday penalty rates reduced to double time and a half (250%) for casual staff.
Award: Restaurant Industry Award 2010 MA000119
- Public holiday penalty rates reduced to double and a quarter time (225%) for permanent full time and part time staff
- No changes for casual staff to Public holiday penalty rates.
- Review early/late night loadings for additional changes from March 2017
Award: Registered and Licensed Clubs Award 2010 MA000058
- No changes to Public holiday penalty rates for either permanent or casual employees
Implementation:
Fair Work, has not yet been briefed, about the exact implementation, but will most likely include a transition period. We know these changes will come into effect in July 2017 but not the exact details of how, they will be implemented. Releases will be posted when available.
For best practise, use the consultancy clause in your award, to consult with your workers in regard to the changes, as these are significant changes. For awards, levels and classifications not mentioned in the Order, there are no changes.
In other landmark decisions that may affect your business, the Fast Food Industry Labour Agreement, which allowed Fast Food businesses to utilise foreign workers, has ended which will see hundreds of migrant workers needing to leave the country unless the business can prove at an individual level the need for them to stay.
This has been instigated in order to give young Australians the chance to take up these work opportunities over foreign workers. This effects many workers of 457 visas and is the first time an entire industry sector has been banned from employing under this visa.
And finally, if you own a franchise or are a Franchisor, you need to be aware of forthcoming legislation; The Protecting Vulnerable Workers Bill. This Fair Work Amendment is to increase protections for vulnerable workers and is in response to the many cases we have seen of Franchisors, washing their hands, of the HR practises of their franchisees, when they have been caught for sham contracting or under award payments.
This legislation ensures that franchisors and parent companies take reasonability for non-compliance within their franchise networks concerning industrial relations and human resources. If this proposed legislation takes effect, franchisors will be liable for underpayment of the workers of their franchisees.
If all of this makes no sense to you, call Nine2Three as your outsourced HR partner for further explanation and assistance to protect your business from the ever changing HR and IR landscapes. 1300 923 000
Important Note: These articles have been prepared for general circulation and are circulated for general informational purposes only; these articles should not be regarded as business or investment advice. The articles represent the views of the writers and are subject to change without notice. Additionally, while every care has been taken in the preparation of the articles no representation or warranty as to accuracy or completeness of any statement is given. An individual or organisation should, before any business or investment decision is made, consider the appropriateness of the information in this document, and seek professional advice, having regard to objectives, situation and needs. This document is solely for the use of the party to whom it is provided.
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