EMPLOYMENT RELATIONS UPDATE
EMPLOYING VOLUNTEER EMERGENCY WORKERS
It is timely to remind members about their obligations in regards to employees who are volunteer emergency workers (for example, a volunteer fire fighter or SES worker).
The State Emergency and Rescue Management Act states that an employer must not victimise an employee for being absent, if their absence was due to the employee taking part in emergency operations as a member of an emergency organisation.
There is no legislative or award obligation on the employer to pay a volunteer emergency worker while they are absent from work. Any payment for time off should be negotiated between employer and employee.
If an employer requires proof that an employee attended a bona fide emergency, then they may request a certificate of attendance from their unit controller.
COMMONWEALTH BANK OFFER
Are you getting 0.67% on your EFTPOS?
Special EFTPOS offer for MTA members.
MTA.ACT and Commonwealth Bank are pleased to make an exclusive offer to MTA members for their EFTPOS merchant fees of 0.67% on credit card transactions, $0.12 on debit cards.
MTA has entered into an arrangement with the Commonwealth Bank to provide members with an exclusive member only deal for their credit card merchant fees.
To take advantage of this deal, please contact the MTA on 6241 6266 for an application form to be forwarded to you.
Note: You do not have to be a Commonwealth Bank customer to take up this offer.
FAIR TRADING UPDATE
ON STREET SALES COST CAR DEALER $2,500
The practice of locating vehicles that are for sale on public streets has cost Fyshwick dealer ACT Motor Traders $2,500 and a conviction as a result of proceedings by the ACT Office of Regulatory Services (ORS) in the Magistrates Court.
In welcoming the Magistrates Court decision the Commissioner for Fair Trading, Mr Brett Phillips said, “The decision of the Magistrates Court should send a very clear message to ACT Motor Traders and a number of other motor vehicle dealers in Fyshwick and Phillip.”
“The Sale of Motor Vehicles Act clearly states that dealers cannot display vehicles for sale outside the areas approved on their licence.”
“The Office of Regulatory Services pays very close attention to this requirement for three reasons.”
“The first reason is public safety. Vehicles parked in unapproved areas may affect the visibility of other road users and cause traffic problems and possibly lead to accidents for drivers and pedestrians.”
“The second reason is that cars that are for sale may be parked for long periods in parking places designed to enable consumer access and trade with a number of businesses. It is totally unacceptable for a single trader to adversely affect other traders by their unlawful activity.”
“And finally, motor vehicle dealers who display vehicles outside their area show disregard and disrespect to their competitors who trade legally. They are trying to carry stock in excess of levels that can be properly displayed in their licensed and approved area, and this clearly disadvantages a dealer that limits their stock because of the requirements to display vehicles within the area approved on their licence.”
“ACT Motor Traders has repeatedly broken the law in this area. Despite numerous formal and informal warnings, as well as the issuing of infringement notices totalling $1,000, ACT Motor Traders has continued to flout the law.”
“I hope this severe penalty will make ACT Motor Traders and other offending motor vehicle dealers appreciate that unlawful trade will be a very expensive exercise for the licensee, and by way of additional warning – the law allows even higher penalties to be imposed."
REMINDER FOR THE MOTOR VEHICLE SERVICE & REPAIR INDUSTRY
Commissioner for Fair Trading, Brett Phillips, is reminding businesses and individual operators in the motor vehicle service and repair industry to renew their registration before the 30 September deadline.
Renewal notices have been sent to businesses that are currently registered and telephone contact is being made with the small number of repairers who are not registered.
"After the closure of the renewal period, a rigorous compliance program will then follow and inspectors from the Office of Regulatory Services will pursue outstanding registrations.
"The regulation of the motor vehicle service and repair industry ensures that businesses and employers are meeting their obligations under the Motor Vehicle Service and Repair Industry Code of Practice.
"A number of court cases in the past two years have verified the requirement for registration.
Proprietors are also reminded that they must advise the Office of Regulatory Services of any changes to their circumstances such as the number of premises or trading name or if they have ceased trading in the ACT.
Enquiries about registration in the Motor Vehicle Vehicle and Repair Industry should be directed to 6207 0562.
PHISHING FOR IDENTITY
The recent hoax email claiming to originate from the Office of Fair Trading has again highlighted the need for all consumers to protect themselves against identity theft.
The process of extracting personal details from people by email is called phishing - similar to a fishing expedition where bait is thrown out in the hope that a fish will bite - the aim of phishing is to get poeple to 'bite' and provide credit card details, PINs and passwords to a stranger. Consumers should be aware that legitimate businesses never ask for these types of details over the phone or by email.
These legitimate looking emails appear to come from well known and trustworthy businesses such as banks, credit unions, financial institutions and other companies. By using an ACT Government web address, it is clear that phishing is becoming more sophisticated and daring.
Unfortunately, identity fraud is on the increase in all corners of the world and it is imperative that people are aware of the ways in which this can occur and, more importantly, how to protect themselves. Keep in mind these tips to prevent identity theft:
- only give out your personal details and information if it is absolutely necessary and if you have initiated the contact and trust the other party
- do not open suspicious or unsolicited emails - delete them immediately
- never click on a link or open an attachment in a suspicious email
- don't put papers containing personal information in the bin - instead, cut up, burn or shred old bills, account statements or expired cards.
Scammers want you to send them money or provide your personal details so they can access your money or use those details in a fraudulent manner. Don't let them.
Visit the Australian Competition and Consumer Commission's website www.accc.gov.au or call the Infocentre on 1300 302 502 for detailed information about scams, including further ways to protect your identity, your computer, your money and your phone. The Little Black Book of Scams, a consumer's guide to scams, rorts and rip-offs is also available in electronic or printed versions.
LIFELINE & MTAA SUPER AWARDED
LiFe Award for Suicide Prevention
Lifeline Australia and the MTAA Superannuation Fund 'readthesigns' project has won a LiFe Award, presented by Suicide Prevention Australia.
Lifeline Australian and MTAA Superannuation Fund won the LiFe Award in the category of Business and Industry.
The winning project promotes help-seeking and suicide prevention among MTAA Super Fund members and employers from the motor trades and associated industries.
Regional Group Training's induction process currently incorporates Lifeline's 'readthesigns' project to ensure better understanding of the program and the serious issues it addresses.
MTAA Super PEO, Michael Delaney is very proud of the joint 'readthesigns' initiative.
"A particularly successful component of the early campaign was the involvement of Lifeline Adelaide with MTA SA Group Training Scheme apprentices in South Australia," he said. "This field trial with apprentices confirmed a very positive response to the campaign and provided valuable insight and experience in promoting help-seeking and suicide prevention among motor trade apprentices. With the support of state member bodies and Lifeline offices, we have now rolled the apprenticeship training program out to ACT, NSW and Victoria through MTA ACT, MTA NSW and VACC" Mr Delaney said.
'readthesigns' seeks to promote attitudes and actions in MTAA Super members than increase the likelihood that individuals will seek help in situations affecting their mental health, wellbeing and safety and provide support to their friends and colleagues in seeking help.
OZSAFE UPDATE
This is a WORLD FIRST announcement from OzSafe, Australia’s best known software to address your legal OHS responsibilities.
The background:
OzSafe is configured for a specific business type (For example; Paint & Panel shops, Automotive dealers, Mechanical & electrical shops, Tyre marts and more) and also configured for every state and territories’ WorkSafe legislation, with regular updates as legislation changes.
Once the system is installed in a business, monthly reminders are displayed on screen prompting the issues that need to be taken care of (For example; hoist inspections, electrical leads tagged, and all other risk items within a business). When these items are ticked off as completed in the system, OzSafe automatically recalculates the ‘Unnecessary Risk Percentage’ for that business, so the longer the system is used, the lower the unnecessary risk will become. This guarantees that the business owner is continually improving safety and welfare for their employees and also demonstrates to WorkSafe that continued improvement, a WorkSafe requirement.
But now:
From1 September, OzSafe is a full internet based system, which means any person with the correct permission can interrogate a system, even at a remote site, to view exactly how that site is using their OzSafe system. The OzSafe group has trained a number of independent consultants to become ‘OzSafe Monitoring Coaches’. Once you have purchased an OzSafe system, your Monitoring Coach (MC) will contact you to introduce themselves and their services to you. Those services commence with the interrogation of your system remotely, flagging you on your OzSafe system if you are falling behind with your OHS responsibilities, right up to an option where your OzSafe MC will administer your system completely.
This is a WORLD FIRST, where your OHS responsibilities can be monitored on-line in real time and where a fully trained OzSafe Monitoring Coach will keep an eye on your business. This will ensure your system is always up to date, minimise the effort necessary to maintain your OHS responsibilities and allow you time for other issues within your business.
To learn more about OzSafe, please contact:
John L Caust
OzSafe National Distributor
03 9836 5037
0438 330 817
OFFICE OF THE OCCUPATIONAL HEALTH & SAFETY COMMISSIONER
Small Business Assistance Program
This is a pilot program that will initially focus on 10 – 15 small – medium businesses across a range of industries within the ACT, and is a practical approach to assist businesses to achieve OHS compliance and best practice. The program will incorporate the existing ‘Small Business Tool Kit’ introduced by ACT WorkCover in 2003 and the ‘Serious about Safety’ program, currently being adopted and implemented by five other states as part of a national harmonisation approach toward guidance materials and tools.
This program has been developed with the specific needs and limited resources of small businesses in mind, to assist them achieve their occupational health and safety, worker’s compensation and injury management responsibilities, by implementing effective OHS Management strategies and processes, enabling them to achieve best practice within their industry.
This program is planned to commence early 2008.
|
