Are you getting enough?

Common Rule Awards are here

As of 1 January 2005, you could be one of 350,000 Victorian workers eligible for higher rates of pay and better working conditions under new Common Rule Awards.
These include: overtime pay, penalty rates, allowances, annual leave loading, and redundancy pay.

This will mean that all Victorian workers will be eligible for award conditions. Award conditions are minimum rates of pay and sets of conditions that unions have over the years fought for and are set down in law.

However, just because they are law does not mean you employer will pay them. You need to make sure that your employer is paying you at the correct rate and that you are given all the rights you are entitled to.

In fact, in order to get out of having to pay minimum wages and conditions many employers are asking their workers to sign an individual contract, commonly known as an Australian Workplace Agreement.

IT IS IMPORTANT THAT IF YOU ARE OFFERRED ONE OF THESE YOU CHECK WITH YOUR UNION BEFORE SIGNING - YOU COULD BE SIGNING AWAY YOUR RIGHTS!

To make sure you are getting the wages and conditions you should be getting, contact your union or ring ACTU Member Connect on 1300 362 223.

Some examples of how you will benefit

Hospitality industry

Bars &pubs

If you work in a bar or a pub and are currently not covered by an agreement or federal award, as of January 1 you will be covered by the Licensed Clubs (Victorian) Common Rule Award 2005.

This will mean that if up until now you have been getting a basic rate of pay, as of January 1, you will be entitled to:

1. Overtime rates

a) for working overtime after 7 pm Monday to Friday you will get time and a half for the first two hours and double time after that;

b) for working overtime between midnight on Friday and midnight on Saturday you will receive time and three-quarters for the first 2 hours and double time after that;

c) and for working between midnight on Saturday and midnight on Sunday you will receive double time

2. Penalty rates

a) for working between midnight on Friday and midnight on Saturday you will receive time and a half;

b) for working between midnight on Saturday and midnight on Sunday you will receive time three-quarters;

c) For working between 7pm and 7am you will receive an additional $1.41 per hour

3. Increased sick leave, access to personal/carers leave, maternity and paternity leave

4. Accident make up pay, which means that if you are injured at work your employer is required to pay a top up in addition to any WorkCover payments you may receive to ensure you are not out of pocket for a period of 26 weeks.

Restaurants

If you work in a restuarant, reception center or night club, you are covered by the The Liquor and Accomodation Industry - Restaurants - Victoria Award 1998. As of Janury 1, 2005 you will be eligible for amongst other things:

1. Penalty rates

a) If you work on a Saturday you are entitled to time and a quarter (non-casual) or time and a half rates (casual);

b) If you work on a Sunday all workers are paid at time and three quarters.

c) Work done outside the hours of 7:00am to 7:00pm, Monday to Friday, attracts an additional loading of $1.41 per hour;

2. If the employer requires you to wear any special clothing such as coats, dresses, caps, aprons, cuffs and any other articles of clothing, the employer must reimburse you for the cost of purchasing such special clothing.

3. A meal allowance if you are required to work unexpected overtime, and an allowance if they are required to work split shifts;

4. Written confirmation of your regular roster on commencement of work. If you are a part-time employee;

5. Permanent workers are entitled to redundancy pay, accident make-up pay and leave loading of 17.5%.

The union that covers workers in the hospitality industry is the Liquor, Hospitality and Miscellaneous Union and can be contacted on 03 9235 7777 or through www.lhmu.org.au.

Administration

If you work as an office worker in administration, you are most likely covered by the Clerical and Administrative Employees (Victoria) Award. As of January 1, you will be eligible for these conditions amongst many others:

1. 17.5% annual leave loading;

2. 25% casual loading if you are a casual worker;

3. overtime payment of time and a half for the first two hours and double time thereafter for working before 7 am and after 6.30 pm on Monday to Friday, and before 7 am and after 12.30 on a Saturday;

4. penalty rates of time and a half for the first two hours and double time thereafter on a Saturday with a minimum shift of three hours and double time on a Sunday;

5. 2 ten minute paid rest breaks for an ordinary day;

6. 8 days sick leave per year, the right to carers leave;

7. meal allowances when you work overtime.

The union that covers administrative workers is the Australian Services Union -Victorian Private Sector Branch and can be contacted on 03 9320 6700 or through www.asuvic.org.

Agriculture industry

If you work as a packer and sorter in the fruit picking industry, in addition to minimum rates of pay, you will be entitled to:

1. Penalty rates for any overtime worked paid at 1.5 times the normal hourly rate;

2. Double rates of pay for working on a Sunday (except during harvesting season) and on public holidays;

3. A 15% loading of extra pay for working an afternoon or night time shift'

4. As a casual be engaged for no less than two hours;

5. Be entitled to redundancy pay;

6. Receive a 17.5% leave loading ie. a bonus payment when you take your leave, amongst others.

The union that covers workers in the agriculture industry is the Australian Workers Union and can be contacted on 03 8327 0800 or through www.awu.net.au

Who will common rule awards affect?

Employees in Victoria who are not covered by a federal award, certified agreement or an Australian Workplace Agreement are covered by Schedule 1A of the Workplace Relations Act 1996.

Up until 1 January 2004, Schedule 1A workers were entitled to 4 weeks annual leave, 1 weeks sick leave, a minimum rate of pay, parental leave and notice of termination of employment.

Since 1 January 2004, as a result of the Workplace Relations (Improved Protection for Victorian Workers) Act 2003, Schedule 1A workers have been entitled to 8 days personal leave (which can be taken as sick leave with up to 5 of the 8 days available to be taken as carer's leave), 2 days bereavement leave, and payment for work performed in excess of 38 hours a week.

From 1 January 2005, Schedule 1A conditions shall be further improved when common rule awards come into effect. Common rule awards provide better rates of pay and conditions of employment than Schedule 1A, and could affect up to 350,000 Victorian employees.

What is a federal award?

A federal award is a document which sets out wage rates and conditions of employment for groups of employees across industries. Currently for a Victorian worker to be covered by a federal award, the employer must be named or belong to an employer organisation which is named in the award, or it must have acquired or taken over at least a part of a business of an employer who was a party to an award.

What is a common rule award?

In contrast, a common rule award applies to all employees in a particular industry performing work covered by the award. Employers or employer organisations do not have to be named in the award to be covered by a common rule award.

This means that workers currently covered by Schedule 1A will be entitled to receive the pay and conditions as set out in a Victorian common rule award once a common rule order is made in their industry. The Victorian common rule awards are based largely on existing federal awards.

How will it affect me?

If you are currently a Schedule 1A worker, once common rule awards come into effect you may be entitled to federal award conditions of employment which may include up to 20 allowable matters such as annual leave loading, penalty rates, overtime rates, redundancy pay and allowances.

It is important to check whether your employment is covered by a common rule award and whether it applies to the type of work that you perform. For more information, you can:

· Call your union;
· Call ACTU Member Connect and ask about your rights;
· Check the industries to which common rule awards apply by accessing the Common Rule Awards in Victoria link on the AIRC website www.airc.gov.au.

If you are covered by an Australian Workplace Agreement, or a certified agreement or an existing federal award the new common rule awards will not apply to your employment.

When will common rule awards come into effect?

The following awards will apply as common rule awards from 1 January 2005*: Airline Operations (Transport Workers) Award 1998 Accommodation, Hotels, Resorts and Gaming Award 1998 Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999 Airport Catering Award 2002 Artificial Fertilizers and Chemical Industry Award 2001 Building Services (Victoria) Award 2003 Car Parking (Victoria) Award 2004 Catering - Victoria - Award 1998 Children's Services (Victoria) Award 1998 Clerical and Administrative Employees (Victoria) Award 1999 Clerical Industry - Shipping Officers Award 2003 Clerks (Road Transport Industry) Award 2000 Clothing Trades Award 1999 Commercial Sales (Victoria) Award 1999 Community Employment, Training and Support Services Award 1999 Community Pharmacy Award 1998 Dental (Private Sector Victoria) Award 1998 Drilling and Exploration Industry (AWU) Award 1998 Educational Services - Early Childhood Assistants - Victoria - Award 1999 English Colleges Award 1998 Federal Meat Industry (Processing) Award 2000 Federal Meat Industry (Retail and Wholesale) Award 2000 Federal Meat Industry (Smallgoods) Award 2000 Footwear Industries Award 2000 Grocery Products Manufacture - Manufacturing Grocers Award 2003 Grocery Products Manufacture - Wholesale Grocers Award 1999 Health and Allied Services - Private Sector - Victoria Consolidated Award 1998 Health Services Union of Australia (Health Professional Services - Private Sector Victoria) Award 2004 Health Services Union of Australia (Private Pathology - Victoria) Award 2003 Health Services Union of Australia (Private Radiology - Victoria) Award 2003 Horticultural Industry (AWU) Award 2000 - Information Technology Industry (Professional Employees) Award 2001 Insurance Industry Award 1998 Licensed Clubs (Victoria) Award 1998 Liquor and Accommodation Industry - Breweries - Award 2000 Liquor and Accommodation Industry - Restaurants - Victoria - Award 1998 Manufacturing Chemists Award 1998 Market Research Industry - Consolidated Award 2003 Master Grocers' Association of Victoria Ltd and Australasian Meat Industry Employees' Union Award 2003 Motels, Accommodation and Resorts Award 1998 Musicians General Award 1998 Nurses (Private Pathology Victoria) Award 2004 Nurses (Victorian Medical Centres and Clinics) Award 2000 Pastoral Industry Award 1998 Pet Food Manufacturing Industry - Victoria and South Australia - Award 1998 Photographic Industry - General - Award 2002 Poultry Industry Award 1999 Railways Professional Officers Award 2002 Residential and Support Services (Victoria) Award 1999 Scientific Services Professional Scientists Award 1998 Security Employees (Victoria) Award 1998 Social and Community Services - Victoria - Award 2000 Storage Services - General - Award 1999 Storage Services - Wholesale Wine and Spirit Stores - Award 1999 Storage Services Material Handling Award 2002 Storage Services Steel Distributing Award 2000 Technical Services - Architects - Award 2000 Technical Services Professional Engineers (Consulting Engineers) Award 1998 Technical Services Professional Engineers (General Industries) Award 1998 Telecommunications Industry (Professional Employees) Award 2002 Textile Industry Award 2000 Transport Workers Award 1998 Travel Industries- Agencies - General Award 1999 Veterinary Assistants and Animal Attendants (Victoria) Interim 2000 Veterinary Surgeons Award 2001 Victorian Alpine Resorts Award 1999 Victorian Independent Schools - Early Childhood Teachers - Award 2004 Victorian Independent Schools - Nurses - Award - 2003 Victorian Independent Schools - Schools Assistant - Award 1998 Victorian Independent Schools - Teachers - Award 1998 Victorian Firefighting Industry Employees Interim Award 2000 Wine Industry - AWU - Award 1999 Wine Industry (Consolidated) Award 1982

It is expected that many other federal awards will become common rule awards in the near future.

Employers are required to pay the correct award wages, penalty rates and allowances from 3 January 2005 and by no later than 5 January 2005. Please check individual awards in relation to other payments, including annual leave loading, redundancy and accident make-up pay.