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NEW AWARD & NATIONAL EMPLOYMENT STANDARDS LAUNCHED
This will affect your business
New Modern Industry Awards
From 1 January 2010 members will be required to observe two new industry awards which apply to the general vehicle industry. The two new industry awards are -
- Vehicle Manufacturing, Repair, Services and Retail Award 2010, and
- Clerks - Private Sector Award 2010.
Members will be able to view the new awards on our website at www.mtaact.com.au or contact the MTA office for a copy to be emailed to you.
Changes you need to know about...
Under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and National Employment Standards (NES) which commenced on 1 January 2010, the following changes apply:
Annual leave
What is an employee paid when they take annual leave?
An employee before going on annual leave must be paid:
- What the employee would have been paid under this award for working ordinary hours during the period of annual leave, and
- Allowances, (including tool and first aid allowance) loadings including annual leave loading of 17 1/2 percent and penalties paid for all purposes of the award
- Shift penalties
What is not included?
- Payments in respect of overtime or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
- For a shift worker only, annual leave loading or shift loading whichever is higher than 17 1/2 percent.
Does annual leave accrue during a period of workers' compensation?
No. Under the NES an employee is not entitled to accrue annual leave during a period of workers' compensation when the employee is absent from work during a period for which the employee is receiving compensation under State law.
Can annual leave be cashed out?
Under the Award and NES paid annual leave must not be cashed out for award covered employees unless there is an enterprise agreement that provides for the cashing out of annual leave.
Personal leave
What is the entitlement to personal/carer's leave?
Employees are entitled to 10 days' paid personal/carer's leave per year which accrues progressively (i.e. weekly) during a year of service according to the employee's ordinary hours of work.
How much paid carer's can an employee use?
The amount of accrued paid carer's leave an employee can use each year is uncapped. From 1 January 2010, an employee can take an unlimited amount of carer's leave out of accrued personal leave. For example, if an employee has 50 days accrued personal leave the employee may use all 50 days as carer's leave if required. There is no restriction on the number of days which can be taken in a single year provided an employee has accrued the leave.
What proof of absence on either personal/carer's leave can be requested by an employer?
An employee must give if required by the employer evidence that would satisfy 'a reasonable person' of the non attendance (e.g a medical certificate or statutory declaration).
Does personal/carer's leave accrue during a period of workers' compensation?
No. Under the NES, an employee is not entitled to accrue personal/carer's leave when the employee is absent from work due to illness or injury in relation to which the employee is receiving compensation under a law of a State or the Commonwealth.
Workers' Compensation
Is there an entitlement to superannuation whilst a worker is in receipt of workers' compensation?
From 1 January 2010 superannuation contribution of 9 percent is payable for a period of 52 weeks on workers' compensation for new claims made after that date.
Does accident make-up pay apply to new claims?
For employees who were covered by the Federal Vehicle Industry Repair, Services and Retail Award prior to 27 March 2006, make up of workers' compensation payments are payable for up to 39 weeks. For employers in ACT who joined MTA.ACT after 27 March 2006 make up pay does not apply.
EMPLOYING VOLUNTARY EMERGENCY WORKERS
The State Emergency Service (SES) provides a service in the case of fire, flood or other emergency. The SES recruits regular volunteers, and in the case of major emergencies, it calls for additional volunteers. The volunteers provide this service in addition to their regular work.
It is important for employers to be aware if any of their staff are emergency service volunteers, as this may affect their attendance at work. Employees that voluntarily provide a service to the SES should advise their employer that they are a registered volunteer. An employer may request that the employee provide a letter from the SES unit controller or the regional manager stating that they are a registered volunteer.
Discussions should be held with employees to consider a rostering system for emergency stand-by and attendance at emergencies compatiable with normal work requirements. There is no legislative or award obligation on the employer to pay voluntary emergency workers while away from work hours. Any payment for time off work should be discussed between the employer and employee.
If an employer doubts that the employee has attended a genuine emergency, the employer can request a letter from the unit controller stating the time and duration of attendance at the emergency.
Under the Fair Work Act, an employee may take community service leave to carry out voluntary emergency management activity where it is reasonable in all the circumstances. An employer may face a penalty of up to $33,000 for a breach of the Act so it is important to be aware of your obligations.
INFORMATION FOR LICENSED MOTOR DEALERS
IF THE CAP FITS WEAR IT
Above is an old saying which is not dissimilar to a phrase we often see today “ONE SIZE FITS ALL”.
The following is for the information of all but is directly relevant to a few members.
During November and December 2009 Inspectors of the Office of Regulatory Services (ORS) Compliance Unit undertook compliance inspections of 60 licensed motor dealers in the ACT.
These inspections were carried out to ensure that these dealers were complying with the Sale of Motor Vehicles Act 1977 (the Act) . The Act of course is the one size fits all to ensure that the playing field is level and fair
What the officers found is the “IF THE CAP FITS WEAR IT" but it is timely that all members of MTA take this as a reminder to review their own policy and procedures and appreciate that ORS are out there helping the industry.
What did ORS find?
ORS Inspectors identified 68 omissions in dealings registers across a number of licensed premises.
The majority of omissions concerned the following:
- Details of the new owners of vehicles sold
- Details of the last non trade owner
- Details of the engine number of the vehicle
Further 29 Motor Vehicle Dealers failed to display a “Licensed Motor Vehicle Dealer” (LMVD) sign at the premises.
The pleasing part for you in the industry is that overall the inspections showed a high level of compliance which ORS officers recogniSed by the action they took. 30 verbal warnings were issued regarding the LMVD signs and the use of “whiteout” in the dealings registers!!!!!!! 21 written warnings were issued regarding omissions from the dealings register!!!!!.
The written notices were issued to reinforce the fact that omitting information is an offence under the Act but given the overall compliance a decision was made at this time not to issue any infringement notices.
Several dealers expressed concerns over the lack of a designated period for entering the information. Although there is no specific time set in the Act, it does clearly state that the required information must be entered in a timely manner.
Should time be raised as a reason for non compliance, officers of ORS will make enquiries as to why the information has not been recorded and the Act complied with? ”It is in your interests to ensure you follow the correct procedures”
A number of dealers raised concerns over their ability to obtain details of the “Last known non trade owner” particularly for vehicles obtained from interstate. ORS will take each case on its merits, and usually provide leniency in those circumstances where the information is impossible for a LMVD to obtain. ORS have forwarded your concerns to the Legal Policy Branch of the Department of Justice for consideration.
Finally ORS recently received an enquiry in relation to maintaining a dealings register. Dealers who have an APPROVED electronic dealings register are NOT required to maintain a book also.
This is a timely reminder to all Licensed Dealers that compliance is a requirement not an option. “IF THE CAP FITS WEAR IT”
MTAA SUPERANNUATION 
MTAA Super workplace presentations
For employers, it's easy to arrange a presentation in your own workplace, and each presentation is tailored specifically to your staff. Just tell your Business Development Manager (BDM) the subjects you would like to see covered, and they will put together a special presentation for you. It might include for example, insurance, making extra contributions and consolidating super - there are a range of topics that can be discussed, so talk to your Business Development Manager about what your employees are interested in. Call us on 1300 362 415 to be put in touch with your local BDM.
MTAA SUPERANNUATION CONTACT 
Ms Julie French
Industry Fund Financial Planner and Business Development contact
Telephone: 6273 4333
Mobile: 0414 340 149
Email: jfrench@mail.ifs.net.au
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