Page 1

Adviser Employers

May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

Paid parental leave—employers to administer scheme

T

he Government has started the process of making its paid parental scheme law, after introducing a Bill to the Federal Parliament on 12 May 2010. The Paid Parental Leave Bill 2010 introduces a national, Government-funded paid parental leave scheme from 1 January 2011. Eligible primary carers who have a child or adopt a child and satisfy work, income and residency tests, will receive up to 18 weeks pay at the national minimum wage.* Employers will become paymasters for the publicly funded scheme adding an unnecessary layer of red tape to their payroll function. However, for the first six months, parents will claim the payment through the Government’s Family Assistance Office (a part of existing Medicare and Centrelink offices).

Although the Government will assess eligibility and fund the payments, employers will be responsible for payment and must provide information to the Government about the employee. There is no compensation for the administrative costs that employers will incur in the process.

From 1 July 2011 employers must administer the publicly funded payments for their own employees. Employers can also elect to start providing the payment from 1 January 2011.

The Government estimates that the first year of the scheme will cost small business $59.1 million and large business $137.7 million, although these figures probably underestimate the total costs that are involved for business.

IN THIS ISSUE

ƒƒ Paid parental leave—employers to administer scheme ƒƒ Take-home pay orders ƒƒ Pay equity test case ƒƒ Anti-discrimination law update ƒƒ Henry tax review ƒƒ Are your contracts and policies Fair Work compliant?

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Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

CONTENTS

Features 1

Paid parental leave—employers to administer scheme

3

Take-home pay orders—employee options strengthened

4

Pay equity test case

5

Anti-discrimination law update

6

Henry tax review

7

Payroll update—the 2010 Budget

8

Are your contracts and policies Fair Work compliant?

Cases & the law 9

Risky business—the impact of sexual harassment claims

May 2010

continued from page 1

The Government in the United Kingdom, which funds a similar scheme, adds a 4.5% premium to its payments to the employer to cover the costs of administering the system on behalf of the State. The Fair Work Ombudsman and the Family Assistance Office will have the power to manage delays, disputes or debts that arise in the payment process, subjecting employers to increased regulation over a benefit that is for employees and not businesses. The Government has also announced that this Bill is part of a package of Bills that include consequential amendments to related legislation, including family assistance, income tax and child support. Paid Parental Leave Bill 2010 *In most cases, the mother will be the primary carer, but allowance is also made for transfers of all or part of the payment to the other parent, or to another carer, in exceptional circumstances.

Training & events

2

11

May, June and July training dates

12

Certificate IV in Training and Assessment

13

Business briefings 2010

15

Legal seminars Moree & Armidale

15

Your guide to the Fair Work Act

The Adviser

AFEI has represented members views in two submissions on paid parental leave. We made a submission to the Productivity Commission in late 2008, when it released its report on a proposed scheme design for the leave and a second submission to the Senate Community Affairs Legislation Committee in May 2010, which released an exposure draft prior to the introduction of a Bill in the Parliament.

www.afei.org.au


Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES

Take-home pay orders— employee options strengthened The award modernisation process conducted by the AIRC was ‘not intended’ to result in a reduction in the take-home pay of employees— or increase costs for employers. Transitional arrangements are said to ‘shield’ employers from the immediate impact of the full cost increases of wage increases— but they will ultimately bear the cost and are already incurring costs through changes in hours, overtime and other modern award provisions which took effect from 1 January 2010. There is to be no disadvantage for employees who are protected by take home pay orders where the modern award reduces their entitlements. These are also available for new employees who are hired during the five year transitional phase. Unions have been waging a vigorous campaign with Federal Minister Julia Gillard to expand the circumstances in which Fair Work Australia can make take home pay orders. The Minister has now released new regulations that:

orders can be made ƒƒ provide that variations to modern awards made in the first six months are to be considered in assessing whether there is a reduction in take-home pay

ƒƒ clarify that an employee can apply for a take-home pay order before having a reduction in pay—when one is ‘likely’ to occur

ƒƒ clarify that modern awards can include take-home pay order provisions.

ƒƒ give examples of the types of orders FWA can make in response to applications

An employee’s take home pay is the pay an employee actually receives including wages and incentive-based payments and additional amounts such as allowances and overtime.

ƒƒ provide examples of classes of employees for whom take-home

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Despite there already being an overriding provision that existing take-home pay of employees must not be reduced, the regulatory changes send a clear message that employers must not reduce pay rates because of the provisions in modern awards. The new regulations allowing FWA to make a take-home pay order for a ‘class of employees’ combined with an order based on a ‘likely’, but not actual reduction. The regulations add another level of complexity to the already complex transitional arrangements.

www.afei.org.au

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Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES

Pay equity test case A major pay equity test case that will affect the social, community and disability sectors has started in Fair Work Australia (FWA). The Australian Services Union and four other unions made the application. The Federal Government has joined the case to support the unions in the development of a federal equal remuneration principle. The case is important for all employers as it is likely to establish equal remuneration principles and be the first in a series of pay equity applications in modern awards. The application seeks large increases to wages rates and changes to the classification structures and sleepover provisions in the Social, Community, Home Care and Disability Services Industry Award 2010 (the SACS modern award). The union is using equal remuneration provisions in the Fair Work Act to demand pay increases similar to those awarded the SACS sector in Queensland. In that wage decision increases were between 18% and 38% and have been preserved as a transitional pay equity order. The test case also maintains the recent integration of the social and community services and disability services classifications and includes disability work in a private residence. The change

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The Adviser

has the potential to draw in many types of personal, domestic and lifestyle support that aren’t currently covered by the award. The union is also seeking to remove the requirement that employees in the sector can only progress to higher pay rates if they have performed satisfactorily in their role. Under the union proposal employees will automatically move to a higher rate after 12 months. The other significant proposed change is to sleepover shifts. The union is arguing for the SACS modern award to include additional allowances, overtime rates and new facility standards for sleepovers.

The unions have been directed to file and serve evidence to support their application by 3 June. When we receive their material we will hold a series of information sessions for members. AFEI advised members in the social and community services sectors that were affected by the case in circular 46/10. We then appeared at the directions hearing on behalf of members and will also appear at the next hearing dates, which are in early August. If you have any specific questions in relation to this application or would like to contribute to our response, please contact Daryl Makins on: 02 9264 2000.

www.afei.org.au


Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES

Anti-discrimination law update The Rudd Government is continuing its active approach to anti-discrimination with a number of announcements about new human rights initiatives made in recent weeks.

The Human Rights Framework Commonwealth Attorney-General Robert McClelland launched Australia’s Human Rights Framework in April, which is the Government’s response to a report from the National Human Rights Consultation Committee. The move to using the language of human rights, in preference to anti-discrimination, suggests a strengthening and widening of this agenda. This follows the introduction of anti-discrimination protections to employment law in the adverse action provisions of the Fair Work Act.

Regulator gets funding boost The announcement of the framework was accompanied by a $6.6 million boost to the Australian Human Rights Commission (previously the Human Rights & Equal Opportunity Commission) to allow it to publicise its role to the community.

A national law and harmonisation Under the framework McClelland announced a review of all federal anti-discrimination laws with plans to create a single federal law. A review of this nature could increase

The Adviser

the grounds of discrimination and the penalties for breaches. The Government has also said it will use the outcomes of the review to consider the national harmonisation of Australia’s anti-discrimination laws. This is a process of creating model laws that are adopted by each state and territory. The toughest laws of each state and territory are typically maintained because of the difficulty of reducing protections in one jurisdiction to bring them in line with another.

Breastfeeding a new basis for discrimination The Government has said that it will strengthen sex discrimination laws by making breastfeeding a separate ground of discrimination. The protections under the existing grounds of family responsibilities will also be increased and the Government has foreshadowed it will broaden the test for sexual harassment, particularly in the workplace.

New Human Rights parliamentary committee The Government also plans to establish a new Parliamentary Joint Committee on Human Rights. It will have the power to initiate inquiries into Bills, existing Acts and delegated legislation as well as conduct broader human rights inquiries. It will also have the power to hold public hearings.

International conventions Finally, the Government plans to create laws requiring any minister introducing a Bill to parliament to present a statement of human rights compatibility. Compatibility will be assessed against the seven international human rights conventions that Australia is a party to. The conventions cover race, sex, age and disability discrimination, as well as civil and political rights, torture and economic, social and cultural rights.

www.afei.org.au 55


Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES

Henry tax review Super payments to rise 3% by 2019—20 The Government released the final report of the Henry Tax Review on 2 May 2010. In response to the review the Government has announced it will increase the superannuation guarantee rate for employees to 12 per cent by mid 2019. The company tax rate will also be cut to 28 per cent. The increase comes despite an interim report of the Henry Review from May last year and Government election commitments not to increase the SGC. The rate will initially rise +0.25 percentage points on 1 July 2013 and again on 1 July 2014. From then on it will increase +0.50 percentage points at the beginning of each financial year until it reaches 12 per cent in 2019—20. Despite no recommendation from the Henry Review, the Government has also announced that employees aged 70 to 74 will be eligible to have contributions made on their behalf for the first time. Around 33 000 employees will be eligible for the contribution, which employers will be expected to provide from 1 July 2013. The Government hasn’t responded to recommendations by the Henry Review calling on employers to pay the superannuation guarantee at the same time as wages and to report superannuation contributions to employees when a contribution is made. We expect unions will use bargaining to raise the

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The Adviser

superannuation guarantee to 12 per cent at a faster rate than the Government’s timetable, or to a higher level. Employers however, will have very little bargaining power once the laws are created to increase the guarantee rates.

Table 1—superannuation guarantee rate proposed increases Financial year

Rate (%)

Percentage increase

Now until 30 June 2013

9.00

+.00

2013―14

9.25

+.25

2014―15

9.50

+.25

2015―16

10.00

+.50

2016―17

10.50

+.50

2017―18

11.00

+.50

2018―19

11.50

+.50

2019―20

12.00

+.50

Government co-contribution The government superannuation co-contribution will remain at a maximum of $1000 for eligible individuals for the 2010/11 income year who make an after tax contribution. The threshold above which the co-contribution begins to reduce will be frozen for two years at $31 920 of adjusted taxable income and the maximum threshold at $61 920. Previously these income levels have been indexed.

Superannuation contributions tax rebate A superannuation contributions tax rebate of up to $500 annually will be available for low income earners (less than $37 000 in adjusted taxable income) from 1 July 2012. The net effect is to reduce the tax rate on contributions to superannuation at the 9% rate to nil.

Super concessional contribution cap The $25 000 and $50 000 superannuation concessional contribution caps remain in place until 30 June 2012. From 1 July 2012, only individuals aged 50 and over with total superannuation balances below $500 000 will be able to continue to use the $50 000 cap. For those with accumulated superannuation entitlements over $500 000 from 1 July 2012, the concessional cap will reduce to $25 000.

www.afei.org.au


Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES

Cut in company tax rate to 28 per cent A key tax relief measure recommended by the Henry Review was to reduce the company tax rate to 25 per cent in the short to medium-term. The Government response is to cut the company tax rate from 30 to 28 per cent by 2014―15. Small business will get the reduction two years before other employers. The company tax rate for small businesses will be cut to 28 per cent in 2012―13. However, unincorporated small businesses won’t receive any benefit from the reduction in the company tax rate. The reduction will occur over two years between the 2013—2015 financial years.

Table 2— tax rate company proposed reduction— *small businesses Financial year

Rate (%)

Percentage decrease

2012―13

28.00

-2.00

* Turnover < $2 million per income year

Table 3—company tax rate proposed reduction—**large businesses Financial year

Rate (%)

Percentage decrease

2013―14

29.00

-1.00

2014―15

28.00

-2.00

** Turnover > $2 million per income year

Small business asset write-off and simplified depreciation Small business can immediately write-off assets valued at under $5 000. From 1 July 2010 they can use a simplified depreciation rate of all other assets—excluding buildings—of 30 per cent.

Payroll update—the 2010 Budget The government had already announced small reductions in personal income tax to apply from 1 July 2010. These are:

Table 4—previously announced tax cuts taking effect from 1 July 2010 Taxable income

Marginal rate

Tax on this income

$0―$6000

Nil

Nil

$6001―$37 000

15%

15c for each $1 over $6000

$37 001―$80 000

30%

$4650 plus 30c for each $1 over $37 000

$80 001―$180 000

37%

$17 550 plus 37c for each $1 over $80 000

$180 001 and over

45%

$54 550 plus 45c for each $1 over $180 000

The Adviser

www.afei.org.au

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Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

FEATURES Payroll update—continued from page 7

The effective tax-free threshold has been raised to $16 000 from 1 July 2010 by increasing the Low Income Tax Offset from $1350 to $1500.

Medicare levy From the 2009/10 year, the Medicare Levy low-income threshold will increase to $18 488 (up from $17 794) for singles, and to $31 196 (up from $30 025) for couples. For families, the additional amount of threshold for each dependent child or student will also be increased to $2865 (up from $2757).

FBT There were no changes to fringe benefit tax in the 2010-11 Budget.

Review of the apprenticeship system The Budget announced that an ‘expert panel’ would be established to advise on the steps necessary to ‘sustain and grow’ the apprenticeship system, including a consideration of apprenticeship pay. The report is due by the end of 2010.

Are your contracts and policies Fair Work compliant? Since the start of the modern Awards and the safety net provisions of the Fair Work Act on 1 January 2010, many contracts of employment may not comply with new minimum obligations. Employers should consider how they best go about amending contracts of employment to meet their new obligations under the Fair Work Act. For example, polices and procedures must now reflect the ten national employment standards in the Act as well as any changes to the law since they were last updated.

arrangements affecting awards over the next five years.

Employment contracts must comply with the Fair Work Act and modern awards. This means references to the old Workplace Relations Act are redundant and generally should be removed. References to old awards might need to be removed, depending on the transitional

Now is a good time to speak to an AFEI consultant to discuss your workplace contracts and policies. Members can speak to a consultant and we can also rewrite your contracts and polices. Our consultants will be able to provide you with the best advice regarding

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The Adviser

the content and form of your employment contracts and policies, as well advise on the best way to introduce the changes into your workplace. If you want more information please speak to an adviser by calling the AFEI Hotline: 02 9264 2000.

www.afei.org.au


Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

CASES & THE LAW

Risky business—the impact of sexual harassment claims

In this article we discuss two recent decisions that involve allegations of sexual harassment—one proved, in part, and one not. They demonstrate the limited defences available to an employer once an allegation of harassment is made and, by contrast, the additional avenues of complaint available to an employee.

How does risk arise? A number of risks exist for employers when sexual harassment is alleged. One stems from the legal concept of vicarious liability, which can substitute the employer in the place of the offending employee. The other risk lies with the additional claims that an employee can make after an allegation of sexual harassment. This includes workers compensation ‘stress’ claims and unfair dismissal claims. Both of which can be successful even if the harassment allegation is investigated and proven to be false.

Vicarious liability—a fait accompli?

ƒƒ take all reasonable steps to prevent the employee from breaking the law. Educating employees about what behaviour is and isn’t accepted in the workplace and creating policies on these issues won’t necessarily be viewed as an employer taking ‘all reasonable steps’, particularly if there is evidence that the policy wasn’t enforced. It’s important to remember that in practice courts often construe the existence of harassment in the workplace as evidence that the employer failed to prevent it. This is a bit like the interpretation of OHS laws in NSW that construes the existence of an injury as evidence of employer liability.

The duty of care an employer has to an employee under antidiscrimination law extends to the way employees treat each other. Sometimes the actions of an employee, if they aren’t clearly forbidden by the employer, are considered actions of the employer. The only defence available to an employer is if they:

$15 000 in damages for KFC franchise

ƒƒ expressly, or by implication, not authorise the employee to do the act

A tribunal initially found the employer liable for two—out of ten—allegations against the assistant manager, including a

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In a recent New South Wales decision, one of Australia’s largest KFC franchises was held liable for the sexual harassment of a 17 year old employee by her assistant manager.

comment by him that he wanted to take the employee to Bondi where she could ‘swim nude’ and one where he dragged her by her leg and ‘started growling like a cat’. The employee was awarded $15 000 in damages, but the tribunal commented that the employee exaggerated and agreed that her ‘self-serving’ evidence should be approached with caution. On appeal, the employer argued that the tribunal failed to say what steps it should have taken to prevent the assistant manager from breaking anti-discrimination law. The employer provided training and had a policy to prevent harassment, however the panel said ‘there is little evidence that this policy was enforced and consequently it was ineffective’. The onus is on [the employer] to establish that it took ‘all reasonable steps’ to prevent the contravention … The Tribunal does not need to identify the steps that [the employer] should have taken to monitor the conduct of its employees.

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Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

May 2010

CASES & THE LAW

The panel described the liability of the employer as conduct by implication because the assistant manager was: …able to go about the workplace openly ‘talking dirty’, showing employees pornography and engaging in unlawful sexual harassment seemingly unchecked… No employer would condone the behaviour described above, but it’s a dispiriting judicial position in the Administrative Decisions Tribunal that the employer is viewed as being complicit with the assistant manager. As seen in this example, the employer can’t defend itself against the unexplained actions of an employee. Sharma v QSR Pty Ltd t/as KFC Punchbowl [2010] NSWADTAP 22

Threat of summary dismissal was dismissal in the eyes of employee An employer, who warned an employee she could be summarily dismissed after committing a series of deliberate acts with the potential to damage their reputation, has been found to have terminated her employment. The employee alleged she was sexually harassed by an assistant manager. The complaint was investigated, including by the employer’s CEO, but had no substance and the employee was

told of this outcome. However, in the course of the investigation the employer uncovered information about the employee that she failed to disclose which contradicted her complaint. Subsequently, they found a posting on her MySpace page with comments about the conduct of the employer during the investigation and the outcome of her complaint. The employer, considering her actions serious, wrote to the employee—who was off work on a workers compensation stress claim relating to the alleged harassment—and sent her a letter asking her to show cause why she shouldn’t be summarily dismissed from the company. The employee, claiming she had been constructively dismissed, filed an unfair dismissal claim. The claim was initially thrown out of the Australian Industrial Relations Commission (the commission) because the employer was entitled to state the employee’s conduct warranted summary dismissal. The commission didn’t equate this comment with the act of dismissal. The employee appealed and the FWA full bench overturned the decision. The full bench used a technical interpretation of the principle of ‘repudiation’ to establish her employment had been terminated. The full bench referred to a 2007 High Court decision that found

it’s not the intention of the party ‘repudiating’ the contract (the employer), but what the other party (the employee) reasonably infers from the actions and words of the employer. This suggests that an employer, who warns an employee that their actions could result in summary dismissal, risks being the subject of an unfair dismissal claim if the employee ‘accepts’ the ‘offer’ of summary dismissal and files a complaint with FWA. This is a conceptually messy interpretation of repudiation of the employment contract and an impractical principle in the context of unfair dismissal law. Particularly when courts place such importance on warnings and processes when determining whether an employer has treated an employee fairly or not. The matter will now return to FWA for conciliation or arbitration. Dover-Ray v Real Insurance Pty Ltd [2010] FWAFB 2670

Note: The comments on repudiation that the FWA full bench referred to in the High Court decision were directed at the judges of lower courts that had incorrectly applied the principle. This suggests a highly technical interpretation and one that it took four of the most accomplished judges in Australia to explain.

www.afei.org.au 10

The Adviser

www.afei.org.au


May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

TRAINING

AND EVENTS

AFEI runs a comprehensive range of nationally recognised qualifications and short courses.

Next month ... JUN

COURSE TITLE

1

Advanced Excel (2 days)

2

Occupational Health and Safety Fundamentals (4 days)

3

OHS Consultation for Workplace Committee Members & OHS Representatives (4 days)

3 4

JUL

COURSE TITLE

1

Develop Teams and Individuals (1 day)

Telephone Techniques and Positive First Impressions (1 day)

1

Introduction to Return to Work Coordination (2 days)

OHS Workplace Committee Chairpersons Course (1 day)

5

Crisis Management (2 days)

7

Conduct an OHS Audit and Evaluate OHS Performance (2 days)

7

Recruit, Select and Induct Staff (2 days)

7

Develop and Manage Work Priorities and Development (1 day)

8

Implement Industrial Relations Procedures (2 days)

9

12

Manage Industrial Relations (3 days)

Manage Performance Management Systems (2 days)

12

OHS Consultation for Workplace Committee Members and OHS Representatives (4 days)

17

Effective Supervision and Team Leadership II â&#x20AC;&#x201C; The High Performance Team (2 days)

15

Strategic Governance and Management Sustainability for NFP Services in the Community Sector (1 day)

21

Advanced Word for Windows (2 days)

21

OHS Risk Management (2 days)

16

The Board and Management Partnership in the Community Sector - Governance for Not for Profit Organisations (1 day)

21

Managing Staff in the Community Sector (1 day)

19

Time Management (1 day)

22

Performance Management and Improving Staff Performance in the Community Sector (1 day)

20

Manage Plant Hazards (1 day)

24

Introduction to Workplace Relations (1/2 day)

20

Vocational Education and Training Context (3 days)

25

Introduction to OHS and Workers Compensation (1/2 day)

21

Effective Supervision and Team Leadership I (2 days)

25

Manual Handling Employee Awareness (1/2 day)

27

Effective Supervision and Team Leadership II (2 days)

25

Preventing Discrimination and Harassment in the Workplace (1/2 day)

29

OHS Risk Management (2 days)

28

Applying Principles of Occupational Health and Occupational Hygiene (2 days)

28

Effective Supervision & Team Leadership I â&#x20AC;&#x201C; Motivating and Supervising Staff (2 days)

The Adviser

www.afei.org.au 11


May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

TRAINING & EVENTS

Certificate IV in Training and Assessment We can tailor the content of the Certificate IV Training and Assessment to meet the needs of the industry or enterprise group you work in.

Benefits for your organisation The Certificate IV Training and Assessment is widely recognised as the entry-level qualification for people working in vocational education and training. It formalises the skills of employees working in human resources and team leadership roles that require staff development skills.

Professional recognition Description This certificate is designed for people who want to deliver or assess training in the workplace. By satisfactorily completing the certificate, you will be qualified to deliver and assess nationally accredited training programs and inductions. The two study options are as follows:

1. Year long This model allows you to apply what you are learning between sessions. Itâ&#x20AC;&#x2122;s delivered in five face-to-face courses over the year and includes course work and assessment tasks. You can start the year long study option at any point in the year by attending one of the five courses.

2. Industry-based, on-site In this model we work directly with member organisations to provide customised training for groups of employees. This can include delivery of the whole or part of the Certificate IV in Training and Assessment onsite.

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The Adviser

The Australian Quality Training Framework (AQTF) requires registered providers of accredited vocational education and training program to ensure that their staff, delivering and assessing programs, meet specified standards. Recognised by industry and the Vocational Education and Training (VET) field as the entry-level qualification for trainers.

Entrance requirements There are no prerequisites for this certificate. However, you should have good communication and interpersonal skills. Good computer skills and public speaking skills are an advantage.

Gaining credit for previous study or experience AFEI recognises the skills and knowledge you have already gained through formal and informal education and training, work experience, and/or life experience (including volunteer work, committee responsibilities, family duties and hobbies). For more information about recognition of prior learning (RPL) please contact the training section at AFEI: 02 9264 2000. www.afei.org.au


May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

TRAINING & EVENTS

Program structure

5. Workplace assessment

The course has five fields of study:

ƒƒ plan and organise assessment

1. Train the trainer

ƒƒ develop assessment tools and assess competence

ƒƒ provide training through instruction and demonstration of work skills ƒƒ facilitate group based training ƒƒ plan and organise group-based delivery

2. Vocational education and training context

ƒƒ participate in assessment validation.

Fees Certificate IV in Training and Assessment TAA40104 Full qualification non-member price $4220.00

ƒƒ work effectively in vocational education and training

Full qualification member price

$3570.00

ƒƒ foster and promote an inclusive learning culture

Non-member RPL fee

$295.00 per unit

Member RPL fee

$245.00 per unit

ƒƒ ensure a healthy and safe learning environment ƒƒ using training packages to meet client needs

3. Workplace learning ƒƒ facilitate work-based learning ƒƒ facilitate individual learning

4. Design learning

Application procedures Apply directly to AFEI Training: Phone: 02 9264 2000 Fax: 02 9264 5699 Email: training@afei.org.au

ƒƒ design and developing learning programs

Business briefings 2010 We are currently running another series of Business Briefings over the May—June 2010 period to advise you on the many current issues of interest and concern to your business/organisation.

ƒƒ occupational health and safety ƒƒ superannuation ƒƒ workers compensation ƒƒ pay equity case

We have completed briefings in: Ballina, Lismore, Coffs Harbour, Port Macquarie, Tamworth, Newcastle, Liverpool, Penrith, Parramatta and Windsor. We still have briefings coming up on the dates listed on the following page. The briefings are an opportunity for you to find out what’s changed in the last year and to ask questions about the matters concerning you. We propose to cover topics such as:

ƒƒ Fair Work Act. However before we finalise the agenda in your area, you can tell us of any additional issues that you are concerned about. We might be able to include those as well. Please send details of your issues to me at: admin@afei.org.au We look forward to hearing from you regarding any issues of concern that you may have and also seeing you at the briefings.

ƒƒ Fair Work Australia ƒƒ modern awards

Garry Brack Chief Executive

ƒƒ parental leave The Adviser

www.afei.org.au 13


May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

TRAINING & EVENTS

Business briefings—dates and venues Location

Venue

Date

Time

Penrith

Penrith Panthers, Woodriff Room, Mulgoa Road, Penrith— afternoon tea provided

Tuesday, 25 May 2010

3.30 pm

Parramatta

The Sebel Parramatta, Sebel 1, 350 Church Street, Parramatta—morning tea provided

Wednesday, 26 May 2010

9.00 am

Sydney

Sydney Masonic Centre, Ionic Room, 66 Goulburn Street, Sydney—afternoon tea provided

Wednesday, 26 May 2010

3.30 pm

Epping

The Epping Club, Grand Ballroom 3, 45-47 Rawson Street, Epping—morning tea provided

Thursday, 27 May 2010

9.00 am

Milsons Point

Vibe Hotel North Sydney, Ballroom A, 88 Alfred Street, Milsons Point—afternoon tea provided

Thursday, 27 May 2010

3.30 pm

Dee Why

Dee Why RSL Club, Reef Lounge, 932 Pittwater Road,Dee Why (Please enter via Clarence Avenue doors)—morning tea provided

Friday, 28 May 2010

9.00 am

Wollongong

Novotel Northbeach Wollongong, Hoskins Room, 2-14 Cliff Road, North Wollongong—morning tea provided

Monday, 31 May 2010

9.00 am

Brighton-Le-Sands

Novotel Sydney Brighton Beach, La Perouse 2, Cnr The Grand Pde & Princess St, Brighton-Le-Sands—afternoon tea Monday, 31 May 2010 provided

3.30 pm

Forresters Beach

Forresters Beach Resort, Ballroom, 960 Central Coast Hwy, Forresters Beach—dinner provided

Wednesday, 2 June 2010

5.30 pm

Orange

Country Comfort Orange, Orchard Room, 146 Bathurst Road, Orange—lunch provided

Wednesday, 16 June 2010

12.30 pm

Wagga Wagga

Carriage House Motor Inn Wagga Wagga, Sturt Highway, Wagga Wagga—breakfast provided

Thursday, 17 June 2010

7.30 am

To register for the briefings please book online at: http://afei.org.au/registration-businessbriefings or download a registration form at: http://afei.org.au/pdf/S17RegoForm.pdf and fax to: 02 9264 5699.

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The Adviser

www.afei.org.au


May 2010

Published by AFEI - Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000

TRAINING & EVENTS

Your guide to the Fair Work Act

Your Guide to the Fair Work Act is a document written by our specialist industrial relations advisers and consultants specifically for members. This guide will introduce you to the Fair Work Act 2009 (Cth) and provide a useful summary of your obligations under this national law. The guide is a valuable resource that you can use together with the AFEI Hotline and website. Non-member price: $60.00 (plus p&h) Member price: $40.00 (plus p&h) To purchase your copy please complete an order form. You can download a form at: www.afei.org.au or call member services on: 02 9264 2000.

Legal seminars Moree & Armidale AFEI and AFEI Legal recently ran two employment and workplace law seminars in Moree and Armidale. The seminars were aimed at introducing our members in these areas to the recent changes in national workplace law. The topics covered included the impact of the Fair Work Act and modern awards. Thank you to all the members who attended and we look forward to seeing you at AFEI events in the future. We are also planning to run this seminar in Dubbo in the near future.

The Adviser

Colin Graham, the Legal Practitioner Director of AFEI Legal, delivers the seminars. Colin has over 20 years experience as a lawyer and industrial relations practitioner. To express your interest in attending the Dubbo seminar, or to suggest another location, please contact Michelle Serra by: Email: michelle.serra@afei.org.au Phone: 02 8246 2542 Postal: PO Box A233 SYDNEY SOUTH NSW 1235

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Š Australian Federation of Employers & Industries (AFEI) 2010 ABN 68 337 541 246 This work is copyright. No part of the work may be used or reproduced by any process, apart from any use permitted under the Copyright Act 1968 (Cth), without prior written permission from AFEI. Please address enquiries to Copyright at info@afei.org.au

The Adviser is intended as a guide to the law and shouldnâ&#x20AC;&#x2122;t be used as a substitute for legal advice. This information applies to employers who have premises in Australia, or are affected by industrial and workplace relations law as it applies in Australia. The publisher and the authors, consultants and editors expressly disclaim all and any liability and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially on the contents of this publication. The publisher does not warrant the accuracy or otherwise of any statements made by any person or organisation in this publication. For members that want advice about any of the subjects discussed in this publication please call Member Services at AFEI on: 02 9264 2000 and ask to speak to one of our advisers or consultants. You can also speak to a lawyer from AFEI Legal by calling: 02 8088 4999.

For further information about the Adviser or AFEI please visit: www.afei.org.au You can also write to: AFEI Adviser PO Box A233 SYDNEY SOUTH NSW 1235 Street Level 2, 97-99 Bathurst Street, SYDNEY NSW 2000 Postal PO Box A233, SYDNEY SOUTH NSW 1235 Phone 02 9264 2000 Fax 02 9264 5699 Email admin@afei.org.au

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Adviser May 2010  

Monthly news and analysis on Australian workplace and industrial law

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