IR LAWS ENCOURAGE FLEXIBLE WORKING ARRANGEMENTS

New industrial relations laws to encourage more flexible working arrangements

By Gabrielle Stannus

The Federal Government has developed an industrial relations reform package it claims will give businesses the confidence to get back to growing and creating jobs, as well as the tools to help employers and employees to work together in a post-COVID Australia. We take a quick look at how these reforms may affect employers and employees in the greenlife industry.

In December, Attorney General Christian Porter announced the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 (“The Bill”), addressing five key areas of industrial relations reform around award simplification, casuals and fixed term employees, compliance and enforcement, enterprise agreements and greenfield agreements. The Bill also includes an additional schedule outlining new measures designed to support the Fair Work Commission in its work.

Flexible work directions

JobKeeper flexibilities in the Fair Work Act 2009 will expire this March. However, the Bill will allow some employers to continue to direct employees to perform different duties that are consistent with their skill or competence, or work at locations different from their normal place of work. These new ‘flexible work directions’ will be available for a period of two years where employees are covered by specific awards, including the Nursery Award 2020 and the General Retail Industry Award 2020.

Flexible part-time arrangements

The Bill will allow an employee to agree to work additional hours at their normal rates of pay when it suits them, without attracting penalty rates. To be eligible, an employee must work at least 16 hours per week and be given additional hours of no fewer than 3 hours in a shift. The employee must still be paid applicable penalty rates for work conducted outside their usual spread of hours or in excess of daily or weekly maximums contained in their award.

Casual employment

The Bill includes a new statutory definition of casual employment, missing from the Fair Work Act 2009. A person will be considered a casual employee if they accept an offer of employment where there is no firm advance commitment to continuing and indefinite work according to an agreed pattern of work. Employers will be required to assess all casual employees after 12 months’ employment and, if appropriate, offer them conversion to full-time or part-time employment. Casual employees cannot be compelled to convert at any time.

Employers who paid an employee an identifiable loading as compensation for leave entitlements is not then forced to also pay for leave entitlements without the capacity to offset that liability via the compensation already paid (“double-dipping”).

Employees who received no casual loading remain entitled to back-pay.

Compliance and enforcement

A new criminal penalty will apply to those employers convicted of deliberately underpaying their employees. The worst abuses will be punishable by up to 4 years imprisonment and significant fines, with convicted individuals being disqualified from managing corporations for five years under the Corporations Act.

The Fair Work Ombudsman will establish an Employer Advisory Service for small businesses to receive free advice on their workplace obligations, helping them avoid underpayments.

Enterprise agreements

The new Bill will require all enterprise agreements to be approved by the Fair Work Commission within 21 working days, as far as practicable.

The Better Off Overall Test (BOOT) will be simplified and will continue to apply to each individual employee.

The Fair Work Commission will implement an online guidance and application tool ($4.4 million) for parties involved in bargaining to support more productive enterprise bargaining.

Industry opinion

Retail associations are supportive of the reforms, which they say will reduce red tape, provide more choice for staff employed on a casual basis; allow businesses to offer additional shifts more easily to part-time staff; and speed up the enterprise bargaining process, which for some retailers has taken more than 12 months .

Leigh Siebler, Manager of the Garden Centres Association of Australia Inc. (GCAA), says his organisation is tentatively supportive of this reform if it simplifies a complex industrial relations system without adding to an employer’s administrative workload. “If large businesses such as Woolworths have trouble calculating correct wages, even with their systems and specialists, how can we expect a smaller business such as a garden centre to avoid problems?” asks Leigh.

Streamlining the enterprise bargaining agreement process may enable garden centres and other nurseries to attract and retain valuable employees if they can negotiate improved pay and conditions which better suit their circumstances. “Like a lot of small businesses, garden centres can have trouble getting the staff they need. It is important to have employees who are remunerated sufficiently to enjoy what they are doing,” says Leigh, “However, the remuneration has to be affordable for employers. No profit, no business, no workers, no jobs.” Similarly, the proposed flexible part-time working arrangements may help reward valued part-time employees with extra income without having to commit to additional hours permanently.

Next steps

The Bill has been referred to the Senate Education and Employment Legislation Committee for consideration.

This article is republished with permission from Greenlife Industry Australia.

New members

A big welcome to our latest members who joined the NGIV in February and March. We look forward to helping you build your business and a long and fruitful relationship.

Quick-Pick Seedlings

(Production) Quick-Pick Seedlings (QPS) sow a large variety of vegetable seedlings and has a proven capacity to produce high volume wholesale orders for Victoria. They provide commercial grade seedlings and are committed to exceeding client expectations. qpseedlings.com.au

Cocohouse Australia

(Allied) Manufacturers and suppliers of premium quality organic coir growing media; 100 per cent organic, natural, biodegradable soil-less. They also have erosion counter, landscape and garden products, and commercial and Industrial rubber mats.

cocohouse.net.au Essentially Natural

(Allied) A provider of Australian made, sustainable, environmentally friendly alternatives. They specialise in organic fertiliser, natural cleaning products, mould removal and biodegradeable bags.

essentiallynatural.com.au

Contact Organics Australia

(Allied) Contact Organics introduces an innovative and natural Weed Killer to the safe weed control space - a series of bio-herbicides made from Acetic Acid! By combining cutting-edge technology, in-depth scientific research and natural ingredients, we present a breakthrough in environmentally friendly weed control.

contactorganics.com.au

Balcony Gardens By Deepdale

(Allied) Balcony Gardens by DEEPDALE is a boutique studio based in Melbourne creating unique bespoke garden spaces and designs tailored to our client’s needs, desires and preferences. They also create designs for courtyards, small gardens and patios.

bgbdeepdale.com.au

Rosewood Nursery Sales & Transport

(Allied) Rosewood Nursery Sales & Transport began trading in 1991, operating from a centralised depot facility in Kenthurst, NSW. Owners, Roger & Alexandra Ambrose, have over 25 years of experience in the transport and nursery industry.

Tap into NGIV’s complimentary community of experts

As Victoria’s peak industry body, we are committed to helping your business to grow. As a member of Nursery and Garden Industry Victoria you have access to many benefits, whether it’s our ongoing advocacy work for the industry, promoting your business to your target audience, access to industry training for your team or the opportunity to network with the best in the business.

We have also built up a community of expert professionals who understand the industry and will provide a complimentary service to support your business.

Receive a free four-hour business diagnostic from NGIV industry partner, Moshie – Enterprise coaching and development. Contact Bruce Yelland on m: 0412 241 801 or e: bruce@moshie.biz

For general industrial relations queries contact Sheena Kane of Kane Independent Consulting on m: 0413 191 708 or e: skane@kaneindependentconsulting.com.au

For legal matters, Michael Coker of NGIV industry partner Piper Alderman, will provide a complimentary one-hour phone consultation. Contact Michael on m: 0417 334 232 or e: MCoker@piperalderman.com.au For accountancy advice SMART Business Solutions will provide a complimentary 30-minute phone call. Contact Paul Cunningham e: paul@smartbusinesssolutions.com.au

Understand your businesses insurance needs with a complimentary visit from NGIV partner Gallagher, specialist insurance provider for the nursery and garden industry. Contact James Walker on m: 0412 583 831 or e: james.walker@ajg.com.au With a combined value of over $3000, this is just one more reason why your NGIV membership represents excellent value for your business. And that’s not to mention the free expert support from the NGIV team.

If you’re not an NGIV member – join today

Tree and Shrub Growers: Barefoot and bowled over

On what was a glorious summer’s evening at the Carrum Bowling Club in late January, a congregation from Victoria’s Tree and Shrub Growers, came together to battle it out on the bowling green.

In truth the battling wasn’t too intense, as everyone was more interested in having fun and catching up in person. Christine McLeod from Norwood and Josh Kyne from Boomaroo, were crowned barefoot bowls champions on the night, but everyone had a great time.

The Tree and Shrub Growers of Victoria is the largest sectional interest group of the Nursery & Garden Industry Victoria (NGIV). The group consists of members of the NGIV involved with nursery plant production and allied trade and provides fantastic networking opportunities across all areas of industry.

Contact NGIV to find out more and learn how to become a member of the Tree and Shrub Growers of Victoria.