Employment status At the time of engagement you must inform each employee of the terms of their employment, in particular, whether they are full-time, part-time or casual. You must also inform them of the ordinary hours of work and starting and finishing times or rostering requirements, even if it is for short-term or seasonal employment. • Full-time employees are engaged to work an average 38 ordinary hours per week. Full-time permanent employees are eligible to receive paid entitlements such as annual, personal/carer’s leave and parental leave, as well as public holidays, and, in some cases, long service leave. • Part-time employees work on a regular, ongoing basis, for an average of fewer than 38 ordinary hours per week Parttime employees work a set number of hours per day or a set roster and receive, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same type of work. • Casual employees are engaged and paid based on the hours they work. A casual employee’s ordinary hours of work may vary from week-to-week, and are the lesser of an average of 38 hours per week or the hours required to be worked by the employer. • Casual employees are entitled to a higher rate of pay for the work performed and have less entitlement to things like leave than a full-time or part-time permanent employee. Casual employees under this
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award are not entitled to accrue annual leave (see clause 10.5). Personal leave is covered by the NES (see clause 6) (casuals do not get paid personal leave). Public holidays are covered by the NES and clause 26 (i.e. if casual employees are rostered on a public holiday, they can reasonably refuse to work. If they work on a public holiday, they would be entitled to the penalty rate in clause 22.3) Clause 10.5b of the Security Services Industry Award 2010 indicates that for each hour worked, a casual employee will be paid no less than 1/38th of the minimum wage and classification in the award, plus a casual loading of 25%. For full details see clause 10.5 of the Security Services Industry Award 2010. Employee records and pay slips The Fair Work Act 2009 requires that employers: • Make and keep accurate and complete records for all of their employees (e.g. time worked and wages paid) • Issue pay slips to each employee within one working day of pay day These record-keeping and pay slip obligations are designed to ensure that employees receive their correct wages and entitlements. For details of the records you need to keep for employees and the information that must be included on all pay slips, refer to the Employer obligations in relation to employee records and pay
slips, download the fact sheet and free template pay slips and record keeping tools from www.fairwork.gov.au Take home pay orders Modern awards are not intended to reduce an employee’s overall take-home pay. If applying the modern award results in an employee’s suffering a reduction in their overall take-home pay, they can apply to Fair Work Australia to make an order against this happening. Finally it is important that employers ensure that they seek out the right information and implement it. Failure to do so may leave you liable for back pays, fines, and costs orders and in some instances loss of Security business licenses. If you are not sure call ASIAL for advice. We will give corporate members every assistance reasonably possible. Important Note At the time of writing this article, there were still some areas of transition that were unclear and under consideration by the Knowledge Services Team of Fair Work Australia for interpretation. Employers are encouraged to seek advice before attempting to calculate rate variations. Either contact the Fair Work Info line or ASIAL for assistance.
ASIAL is the peak national employer association representing the private security industry in Australia.
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ªChris Delaney is ASIAL’s Industrial Relations Advisor.
Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not to be relied upon in any or all cases, as the circumstances in each matter are specific. Accordingly, we provide this information for general reference only, but we advise you to take no action without prior reference to an Employee Relations professional. ASIAL members can contact Chris Delaney by emailing firstname.lastname@example.org
SECURITY INSIDER JUN/JUL 2010// 45
Published on Jun 12, 2010
Published on Jun 12, 2010
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