force until 1st July 2010 – pre-existing pay and penalty rates continue to apply up until this date. From 1st July 2010, any increases or decreases in wages, loadings or penalty rates may be phased in over a five year period. This includes: • Minimum wages • Casual or part-time loading • Saturday, Sunday and public holiday penalty rates • Shift allowance/penalty. Phasing – How it Works 1. Determine the wage rates and conditions that applied before January 1, 2010 under the applicable state of federal industrial instrument. 2. Compare the wage rates (including shift penalties and casual loadings) that applied before January 1, 2010 3. If there is a difference between the two you can phase in 20% of the difference each year over five commencing 1 July 2010 through to 1 July 2014
2010 Pay Rates Existing rates and penalties continue to apply until 1st July 2010. You can find existing rates by searching for pay scale summaries’ at www.fairwork.gov.au or by visiting www.asial.com.au From 1st July onwards, transitional rates of pay and penalties contained in the Security Services Industry Award 2010 will take effect, subject to the transitional arrangements identified in the Award. ASIAL will provide access to Rates of Pay schedules to members when we have confirmation from the Fair Work Ombudsman.
Regardless of whether such agreements applies, all employees in industries covered by the Security Services Industry Award 2010: • Must be paid no less than the minimum wage rates contained in the Security Services Industry Award 2010 (subject to the transitional arrangements) • Are entitled to the NES (see above)
Hours of Work Full-time and part-time employees Day Workers • 38 per week, or • Up to 304 ordinary hours over an eight (8) week roster cycle. • Unless an arrangement is in place, ordinary hours: – Shouldn’t exceed ten (10) hours per day (but cannot exceed 12 hours) – May be worked between 6am and 6pm Monday to Friday inclusive. • Hours worked in excess of ordinary hours are deemed overtime. Shiftwork employees • 38 per week, or • Up to 304 ordinary hours over an eight (8) week roster cycle. • Shouldn’t exceed ten hours per day (but cannot exceed 12 hours). • Hours worked in excess of ordinary hours are deemed overtime. For full details see clause 21.Security Services Industry Award 2010
2. If you moved from the state to the national system on 1st January 2010 If you’re an employer coming into national system from the state system, changes will depend on what you were previously covered by in the state system. You should seek advice from ASIAL or contact the Fair Work Infoline on 13 13 94. Generally, if you were covered by a state award it was replaced by the new Modern Award on 1st January 2010, unless you are under an enterprise agreement.
Breaks • An unpaid meal break of between 30 minutes to one hour should be taken no earlier than four hours and no later than five hours of starting work (unless otherwise mutually agreed). • Crib breaks are counted as time worked. • There should be an 8-hour break between finishing a shift and starting a shift the next day. For full details see clause 21. Security Services Industry Award 2010
The Security Services Industry Award
Shift Work Penalties
If an industrial agreement applies If you’re covered by industrial or workplace agreements, you should seek advice from your industry association or contact the Fair Work Infoline on 13 13 94.
• Span Loading 21.7%: Applies to any ordinary hours worked between 6.00pm and 6.00am Monday to Friday (Not permanent night shift). • Night Shift: Any shift finishing after Midnight and at or before 6am. Non Rotating Night Shift 30%: Any shift system in which the night shifts worked do not rotate or alternate so as to give the employee at least one third of his working time off night shift in each roster cycle. • Saturday Work: All ordinary hours at time and a half. • Sunday Work: All ordinary hours a double time • Public Holidays: All double time and a half Shift Penalties are phased in by 20% of the difference each year over five years commencing 1 July 2010 through to 1 July 2014 Overtime Up until 1st July 2010, the overtime provisions outlines in the relevant existing instrument will continue to apply. From 1st July 2010 the overtime provisions in the Security Services Industry Award 2010 apply. The overtime provisions in the Security Services Industry Award 2010 are: • Full-time, part-time and casual employees are entitled to an overtime rate of pay of time and a half for the first two hours and double time thereafter, except on a Sunday when the rate is all double time • An employee must not be required to work more than 14 hours per day (including breaks to which the employee is entitled under the award). • Double time and a half on a Public Holiday • When calculating overtime each day stands alone • NB Overtime for casuals does not include the 25% Casual Loading For full details see clause 23 of the Security Service Award 2010. Casual Loading 4. The Casual Loading is 25% of the base rate of pay. This is also phased in by 20% of the difference each year over five years commencing 1 July 2010 through to 1 July 2014 Annual Leave Loading Day workers – Ordinary Time + 17.5% Shift Workers paid as per roster or Ordinary Time + 17.5% (whichever is the greater). continued page 45 >
44 //SECURITY INSIDER JUN/JUL 2010
Published on Jun 12, 2010
Bi-Monthly SecurityI ndustry Magazine published by Australia's Largest Security Industry Organisation - ASIAL. Designed by Martin at Webfx2...