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Industrial Relations Alert

December 2011

Welcome to the December edition of CCIQ's Industrial Relations Alert.

The Industrial Relations Alert updates you on key changes that impact on employers in Queensland. This month includes updates on the changes to the public holiday dates for 2011/12, the review of the Fair Work Act and Modern Awards, and the new Workplace Health and Safety regulations.

If you have any industrial relations questions and are a Chamber of Commerce & Industry Queensland (CCIQ) member, you can call our Employer Assistance Line (EAL) for free on 1300 135 822.

In this month's edition:

Changes to Public Holiday Dates
Superannuation Guarantee Bill
Transition Provisions for 2012 - SCHCDSI Award 2010
Consultation Process for SACs Pay Equity Order Regulation
Review of the Fair Work Act and Modern Awards
Workplace Health and Safety Regulation
Health and Safety Workshops/Manuals
Employer Assistance Line - Christmas Closure

Changes to Public Holiday Dates

As of 29 November 2011, the Department of Justice has added two extra public holidays to the approved public holiday dates for 2011/12. Sunday the 25th of December (Christmas Day) is now a public holiday, as are Monday the 26th (Boxing Day) and Tuesday the 27th December. Similarly, Sunday the 1st of January 2012 (New Year’s Day) is now a ratified public holiday as is Monday the 2nd of January. The current list of public holidays can be found on the Department of Justice’s website.

Members should check relevant awards and agreements for public holiday penalty clauses. Where applicable, such penalty rates must be applied for work carried out on these days. If you are unsure which entitlements need to be paid to your employees, please contact EAL for further assistance on 1300 135 822.

Superannuation Guarantee Bill

Member’s need to be aware that the proposed increase to the superannuation guarantee has been passed in the Lower House of Representatives and is due to go to the Upper House in the coming months. The Bill, if passed, will see the superannuation guarantee rate rise from 9 per cent to 12 per cent by 2019. This will also see an increase in the age limit of an employee from 70 years to 75 years, at which the superannuation guarantee no longer needs to be provided. This would take effect from 1 July 2013. Members will be notified of any correspondence in the coming months in relation to the issue.

Transition Provisions for 2012 - SCHCDSI Award 2010

Members who are covered by the Social, Community Home Care and Disability Services Industry Award 2010 and are non-2B Employers (i.e. constitutional corporations), will need to ensure that they are ready for the transition for 1 February 2012. Members who are covered by the transitional provisions will need to ensure they are complying with Schedule B of the award. The transitioning will affect wages, loadings and penalties of the award. If you have any queries on the matter please contact EAL for more assistance.

Consultation Process for SACs Pay Equity Order Regulation

Australian Business Lawyers and Advisors on behalf of CCIQ and its relevant members have been in in consultation with the ASU and Fair Work Australia in relation to what pay rates will need to be applied by the regulation. Currently, CCIQ and The Fair Work Ombudsman’s stance is that the rates should be derived from the QIRC decision (A/2008/5), made on 6 May 2009, plus the 1 per cent increase for each year.

The consultation process is continuing and further IR Alerts will advise of any updates as they occur. In the meantime, it is recommended that members continue to pay currents rates in accordance with the rates determined by the Fair Work Ombudsman.

Review of the Fair Work Act and Modern Awards

Fair Work Australia is conducting its scheduled review of the Fair Work Act and the Modern Awards and it has outlined its timetable for submissions. All submissions from union and employer associations and other interested parties including individual employers are due by early New Year 2012. Fair Work will then conduct its review of the Fair Work Act and Modern Awards and consider applications and submissions to make appropriate amendments. CCIQ surveyed members in September to get their feedback on this important issue and it will be making submissions in conjunction with employer associations to vary a number of provisions of the Act.

Workplace Health and Safety Regulation

On the 24th November 2011 it was proclaimed that the new national Work Health and Safety Regulations 2011 and the Work Health and Safety Act 2011 will both commence on 1 January 2012. It’s important for members to ensure that you are aware of the new changes and making sure your workplace is equipped for the new laws. You can access a copy of the Regulation through www.safeworkaustralia.gov.au.

CCIQTraining is also running safety leader workshops for managers and directors to ensure that you are aware of the new requirements and increasing penalties. Click here for further information.

Health and Safety Workshops/Manuals

Members must ensure that you are prepared for the changes in the New Year; we have a range of services that are now running to help you get informed and ready for the new health and safety laws coming into play. Australian Business Lawyers and Advisors are offering to conduct boardroom briefs or workshops for individual businesses to help educate managers, HR and OHS personnel in the changes for a fixed fee of $825.

Alternatively or in addition, Industrial Relations and Fair Work Act Overview boardroom sessions or workshops are also being offered to help piece it all together. We can also review your OHS policies and procedures to ensure they are in line with the new changes. For more information please contact EAL or Australian Business Lawyers and Advisors direct on 07 3842 2204.

Employer Assistance Line - Christmas Closure

The Employer Assistance Line will be closed through the Christmas period from 26th December to 30th December 2011. If you have, any queries please leave a message or alternatively email EAL at eal@cciq.com.au. If you have an urgent query however, please contact our New South Wales Workplace Advice Line on 13 29 59.

Further Information

CCIQ members only Employer Assistance Line is available to answer your employment questions. If you are a member and have any questions please contact Chamber of Commerce & Industry Queensland’s Employer Assistance Line (EAL) on 1300 135 822 or email eal@cciq.com.au. Local phone call costs apply. For all other enquiries, please call 1300 731 988.

DISCLAIMER: This document is an information source only. Despite our best efforts, CCIQ makes no statements, representations or warranties about the accuracy or completeness of the information and disclaims responsibility for all liability for all loss or damage you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason. The information contained in this document is not intended to be nor should it be relied upon as a substitute for legal or other professional advice.