Our Clients
WorkSight Topics
Newsletters
Links

WorkSight Newsletter
April 2002

Plans to extend Victoria's minimum employment conditions

The Government has introduced a Bill into the Federal Parliament that plans to extend Victoria's minimum employment conditions.

Victoria's minimum employment conditions and wage orders cover thousands of workers in Victoria who are not covered by an award or an agreement. The Government's Bill proposes that all hours worked in excess of 38 hours must be paid at the hourly minimum rate contained in the wage orders. There is currently no requirement to pay hours in excess of 38.

The new provisions will allow employees to negotiate a higher rate of pay for those hours in excess of 38. The new provisions will also introduce 8 days of personal leave that can be taken as either sick leave or up to 5 days of carer's leave. Carer's leave allows an employee to take paid leave to look after a dependant (eg a sick child or elderly relative). The Bill would also provide for 2 days paid bereavement leave.

It should be noted that this Bill would not become law until passed through both Houses of the Federal Parliament. WorkSight will keep you advised of the progress of this proposed legislation.

For further information on this contact WorkSight.

National Wage Case hearing

This year's National Wage Case has begun. The ACTU has lodged its submissions in its Living Wage Claim before the Australian Industrial Relations Commission. The ACTU is pursuing a $25.00 per week increase for all employees covered by minimum rates of pay under federal awards. If successful, the minimum wage would increase from:

The Commission is expected to complete its hearings in April and to hand down its decision in May 2002.

Small businesses and unfair dismissal

The Federal Government is once again attempting to exempt small businesses (i.e. those with less than 20 employees) from the unfair dismissal laws. The Government is proposing that the Industrial Relations Commission can dismiss a claim of unfair dismissal by an employee of a small business without a hearing. Small businesses would not however be exempt from the unlawful dismissal laws that prevent dismissal on the grounds of:

• Temporary absence from work because of illness/injury.
• Membership of a trade union or activity within the union.
• Non-membership of a trade union.
• Filing of a complaint against the employer.
• Race, colour, gender, age, marital status, sexual preference, physical or mental disability, religion, pregnancy, family responsibilities, political opinion, national extraction, social origin.
• Refusal to negotiate an Australian Workplace Agreement.
• Representation of other employees.
• Absence from work during maternity or paternity leave.

It is important to note that this Bill will not become law until passed through both Houses of the Federal Parliament. Until this Bill becomes law all employers are covered by both the unfair and unlawful dismissal provisions of the Workplace Relations Act. WorkSight will keep you advised of the progress of this proposed legislation.

Casuals unfair dismissal - update

In our December newsletter we advised the Federal Court had determined that all casual employees could have access to the unfair dismissal laws and the Australian Industrial Relations Commission if they were dismissed. Immediately following this decision the Federal Government made amendments to the Workplace Relations Regulations to ensure that casuals with less than 12 months service with an employer could not claim unfair dismissal. The new regulations commenced on 7 December 2001.

The Government is currently attempting to have these regulations confirmed in legislation.

Employers should be aware that where they have employed a casual employee for 12 months or more that employee does have access to the Australian Industrial Relations Commission and the unfair dismissal laws if they are dismissed.