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WORKCHOICES AND AWARDS IN MELBOURNE

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Australian Awards & Workchoices

AWARDS AND WORKCHOICES

Matters provided for by the Australian Fair Pay and Conditions Standard that is not allowable award matters come under section 516, whilst allowable award matters under section 513(1) include:

a)    Ordinary hours of work, rest breaks and variations to working hours

b)    Incentive based payments and bonuses

c)    Annual leave loading

d)    Ceremonial leave

e)    Leave for seeking employment after receiving a notice of termination from the employer

f)    Observance of state public holidays, and entitlements of employees to payment on those days

g)    Monetary allowances

h)    Overtime or shift work loading

i)    Penalty rates

j)    Redundancy

k)    Stand-down provisions

l)    Type of employment

m)    Conditions for outworkers

However, Division 3 of Part 8 of the Act allows for the preservation of certain award terms, namely annual leave, personal/carer’s leave, parental leave, and long service leave, notice of termination, jury service, and superannuation. If a preserved award term relates to annual leave, parental leave or personal leave, and the preserved award term is more generous than the Australian Fair Pay and Conditions Standard, then the award term will still apply (section 529(2)). Section 530 provides for the Regulations to outline what is more generous, and they state that if the quantum of leave provided for is less than what is provided for in the preserved award term, then the preserved award term will apply. However, if the Australian Fair Pay and Conditions Standard have a quantum of leave greater than the quantum of leave provided for in the preserved award term then the Australian Fair Pay and Conditions Standard will apply (Regulation 10.3(3)).If the preserved award term is about long service leave, notice of termination, jury service, or superannuation, then the employee’s preserved award entitlement has effect in accordance with the preserved award term (section 529(3)).

Terms in the Australian Fair Pay and Conditions Standard about special maternity leave, entitlement to transfer to a safe job or to take paid leave under section 268, compassionate leave and unpaid carer’s leave automatically apply, excluding any award terms.

NEED MORE INFORMATION

Behan Legal advises and assists on these important issues. For an appointment, call 03 9646 0344 .

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