Business (Issue 35)

VECCI Current Wage Rates

Members should be aware that the:

• Quarry Industry Victoria Award 2000;
• Transport Workers Award 1998; and
• Personal and Other Services Industry Sector Award

have all received the same Wage Rate update recently. This update includes increases granted by the Australian Fair Pay Commission from the first pay period on or after 1 October 2007 including:

• An increase of $10.26 per week ($0.27 per hour) to the standard federal minimum wage; and/or
• An increase of approximately $10.25 per week ($0.27 per hour) for all APC Scales up to and including $700 per week ($18.42 per hour); and/or
• An increase of approximately $5.30 per week ($0.14 per hour) for all APC Scales in excess of $700 per week ($18.42 per hour).

Please contact the CMPA for a full copy of the update and applicable updated rates of pay.

Targeted Audit – Drilling Operations

The DPI will be conducting a targeted audit of drilling operations across the state over the next few months, encompassing both surface and underground exploration drilling as well as quarry production drilling. The blitz will allow DPI officers to review and assess aspects of safety and environmental performance associated with drilling equipment and drilling personnel in terms of regulatory and work plan compliance as well as industry best practice.

The DPI’s audit tool is available from the CMPA to assist in any appropriate internal review you may wish to undertake.

Please note that to assist Members in this area the CMPA has developed the following tools over the past few years:

• Drill Rig Pre Start and End Day Safety Checklist ($20 for Members)
• OHS Support Sheet – Hazards & Risks associated with Drilling Operations (free to Members)
• Advisory Checklist for Drilling Rig Operations (free to Members)

For further information or to obtain any of these documents please contact the CMPA.

Important Workplace Relations Changes

THE Workplace Relations Amendment (A Stronger Safety Net) Act 2007 (the Amendment Act) received Royal Assent and commenced on 1 July 2007. As of 1 July the Workplace Relations Act 1996 has three important new elements:

1. Fairness Test
   The Fairness test now applies to Australian Workplace Agreements and Collective Agreements concerning employees earning less than $75,000 per annum lodged on or after 7 May 2007 where the agreement removes or modifies any of the protected award conditions of employees. Protected award conditions include penalty rates, including those worked on a public holiday and weekends; shift loadings; overtime loadings; monetary allowances; annual leave loadings; public holidays; rest breaks; and incentive based payments and bonuses. Where protected award conditions are removed or modified in an agreement, the employee must receive “fair compensation” which may be monetary and non-monetary. The Workplace Authority may also consider industry, location and economic circumstances of the business. Where an agreement fails to provide fair compensation, the employer must back pay the employee within 14 days or face the prospect of prosecution with penalties of up to $33,000 per offence.
2. Workplace Authority
   The Office of Employment Advocate is now known as the Workplace Authority. The Workplace Authority has responsibility for conducting the fairness test and should an agreement fail to provide fair compensation, the Workplace Authority will advise what will be required to meet the test and the amount of back pay (if any) to be paid to the employee. The Workplace Authority also retains responsibilities for assessing agreements for “Prohibited Content” and for statutory notifications required in relation to transmissions of business.
3. Workplace Ombudsman
   The Office of Workplace Services is now known as the Workplace Ombudsman and is concerned with ensuring that employers comply with their obligations under the Workplace Relations Act 1996 (Cth). The Workplace Ombudsman will investigate alleged breaches of law; undertake compliance audits of employers; and prosecute employers who breach the law. Please note that the OWS has been very active in conducting inspection campaigns and in initiating compliance orders and, where they deem necessary, prosecutions. We expect the level of activity by the Workplace Ombudsman to increase in the months ahead. Any member who has not assessed their compliance with current workplace relations laws is strongly advised to do so as soon as possible. Penalties for non-compliance can be up to $33,000 for a company and $6,600 for an individual per infringement as well as orders for rectification of underpayments plus interest retrospective for up to 6 years.

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