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Gail
18-11-2007, 08:23 PM
I have been looking at some payrates on the workchoices website vs the Office of Industrial Relations website and they are different and have some questions:

1 Does anyone know why this could be? In some instances the OIR website rates are more generous.

2. The award that I am querying is a NAPSA award but I am really confused as to why the different payrates between what is contained in the award which appears to be higher vs. what is shown on the website. Could you give me an explanation as to what a NAPSA award means?

3. When would one go to the workchoices website for awards and conditions of employment and when does one go to the OIR?

Can some award provisions still provide for 5 days sick leave in the first year and 8 days in the second year?

Thanks in advance for your help

SoniaK
22-11-2007, 03:25 PM
Hi Gail

I presume you are talking about the NSW Office of Industrial Relations?

When WorkChoices was introduced in March 2006, a lot of employers who were previously in the state system (i.e. covered by state awards and relevant IR legislation) were forced into the federal system if they were constitutional corporations (I'll call these WorkChoices employers). At this time, for WorkChoices employers, the award was "frozen" and became a NAPSA (Notional Agreement Preserving a State Award). The pay rates were taken out of the NAPSA and put into a Pay Scale. Conditions in the NAPSA can't be changed, but the pay rates are reviewed and adjusted by the Australian Fair Pay Commission (AFPC).

For those employers not covered by WorkChoices, the state award remains in place. The pay rates are reviewed and adjusted by the state IR commission.

If you are a WorkChoices employer, most of the information on the OIR website will NOT apply to you. For pay rates, you will need to look at the Pay Scales on the WorkChoices website.

The awards on the OIR website will reflect pay increases handed down by the state IRC. The Pay Scales reflect increases handed down by the AFPC. That is why the pay rates on the two websites are different. They started from the same "base" in March 2006, but generally the state increases have been higher.

If you are a state system employer (i.e. not a WorkChoices employer), the 5 and 8 days of sick leave will still apply if that's what is in the award.

Under WorkChoices, the Australian Fair Pay and Conditions Standard prescribes a minimum of 10 days "personal leave" (sick leave and carer's leave) for each year. Unless there is a workplace agreement in place (e.g. an EBA), the Standard will over-ride the NAPSA and WorkChoices employers are obliged to provide 10 days per year. If there is a workplace agreement in place from before WorkChoices, the 10 days personal leave will apply from when the agreement is renegotiated.

Hope this helps.

Gail
23-11-2007, 05:13 AM
Hi

Thanks for such a clear answer which really makes sense. I am refering to the Office of Industrial relations website.

I have one further question, now that I am clear that I have to use the workchoices leave provisions and payscales (i.e. the grades for each level) and not the leave provisons/payscales stated on the award, how does it work when it comes to penalty rates and overtime rules? Do I refer to the award for that?

Many thanks in advance
Gail

SoniaK
23-11-2007, 08:35 AM
Hi Gail

The penalty rates and overtime provisions in the NAPSA apply (so, for example, if the pay scale says the pay rate is $20 per hour and the NAPSA says double time applies for a Sunday, the correct rate for Sunday is $40 per hour).

You can download copies of most NAPSAs from the WorkChoices website on the "search for Award" page.

Cheers
Sonia

Gail
23-11-2007, 04:54 PM
Hi Sonia,

Thanks for your help which has been brilliant.

One last question and then I think I am all clear :-)

Can you please let me know when you add the additional 1/12th to the casual loading?

Thanks

SoniaK
26-11-2007, 08:38 AM
Hi Gail

Sorry, I'm not familiar with the 1/12th loading. I'm obviously not familiar with the award/NAPSA from which you're working.

Cheers
Sonia