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Welcome to AMCA of New South Wales
Wages and charge-out rates
Following the release of the
Annual Wage Review decision by the Fair Work Australia Commission (see
below) the Association's recommended charge-out rates and costings have been
revised.
The new rates have been
published in the members-only section of the web site.
Click on the logo >>
to
enter, then enter the user name and password.
2010
Annual Wage Review decision
The Minimum Wage Panel of the
Fair Work Australia Commission has increased the minimum wages of all Modern
Awards (not enterprise agreements) by 69 cents per hour, equal to $26.00 for
a week of 38 hours. Both amounts have been rounded.
The increase will apply from
the first full pay period to commence on or after Thursday 1 July 2010.
In making its decision, the
panel took the following factors, inter alia, into account:
- the general improvement of
the Australian economy in 2009 and the continued likelihood of
continuing economic growth in 2010;
- the fact that
award-reliant employees have not had a wage increase since 2008; and
- the panel’s obligation to
“establish and maintain a safety net of fair minimum wages, taking [
various relevant factors] into account” (Fair Work Act 2009, section
284.1).
New wages levels under the
Building and Construction General On-Site Award 2010 have been placed
on the members-only section of the web site.
New wages levels under the
Manufacturing and Associated Industries and Occupations Award 2010 will
be placed on the Association’s web site as soon as possible.
Date of posting: 6 July
2010
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Some on-site metal employees' wages
increased on 1 May 2010
Hourly
rates under the Plumbing and Mechanical Services Collective Agreement were
increased from the first full pay period commencing on or after 1 May.
There were no changes to award rates of pay.
The increased rates and how these rates are calculated may be downloaded
from the members-only section of this web site.
Some plumbers' wages
increased on 1 April 2010
Hourly
rates under the Plumbing and Mechanical Services Collective Agreement were
increased from the first full pay period commencing on or after 1 April.
There were no changes to award rates of pay.
The increased rates and how these rates are calculated may be downloaded
from the members-only section of this web site.
Some sprinkler fitters' wages
increased on 1 March 2010
Hourly
rates under the Plumbing and Mechanical Services Collective Agreement are to
increase from the first full pay period commencing on or after 1 April.
There will be no changes to award rates of pay.
The increased rates and how these rates are calculated may be downloaded
from the members-only section of this web site.
Date of posting: 8 April 2010
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Debt recovery diaries
Recovery of outstanding money can be a problem in case of dispute.
In
collaboration with Mr Anthony Igra of Contractors Debt Recovery, whose
contact details appear above, AMCANSW and NFIANSW have commissioned
publication of site diaries aimed exclusively at substantiating claims
for payment, should this ever be necessary.
The diary is intended to record all those events which may later be
disputed when payment is due. It contains space for noting such things
as variations, whether verbal or oral; delays and the reasons for them;
delays caused by bad weather; alterations to the scope of works; and a
list of photographs taken at various stages of the project. All these
features, properly and methodically noted, may constitute evidence in
your favour if ever you have to enforce payment under a
Security of
Payment Act or before a court, for example.
Click here
to download the order form.
Date of posting: 24
May 2010
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Important: Fair Work Information Statement
See
Section 125 of the Fair Work Act 2009.
Members are reminded that every new employee who starts work must be given a
copy of the Fair Work Information Statement. Heavy penalties may be applied
to those employers who fail to do so.
There
is no requirement to give the statement to existing employees.
Copies
of the statement, in both PDF and MS-Word 2003 versions, will be found in
the members' section of the web site. Click
here to enter.
The
Fair Work Information Statements
set out the following matters:
1.
The National Employment Standards (sections 59-133 of the Fair Work Act
2009);
2.
Modern awards;
3. Agreement-making;
4. Freedom of association rights;
5. Fair Work Australia and the Fair Work Ombudsman;
6. Termination of employment;
7. Individual flexibility arrangements; and
8. Right of entry.
Please
contact either
Guy Waters
or myself if you have any enquiries about this matter or industrial
relations subjects in general.
Peter
Hughes
Administration Manager
06.9662.2033
Date of posting: 18 January 2010
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Fair Work Act 2009
(Cth) and Modern Awards
On
1 January 2010 the Modern Awards established by the Australian
Industrial Relations Commission in 2009 replaced all Commonwealth
awards in force immediately prior to that date (“pre-reform awards”),
and also replaced the pay scales ("NAPSAs" - Notional Agreements
Preserving State Awards) previously in force. Thus, the National
Metal and Engineering On-Site Construction Industry Award 2002, (“MECA”)
the Plumbing (New South Wales) Award 1999 and the Sprinkler
Fitters Award 1988, for most purposes, have no effect.
The pay scales, allowances and some conditions listed in pre-reform or
Modern awards do not apply to employees covered under an
enterprise agreement. However, those Members who do not have enterprise
agreements in place are bound by the Modern Award appropriate to their
employees and should note the new pay scales and conditions.
The Members-only section has a summary of the
General Building and
Construction On-Site Award 2010 which will replace MECA on Friday 1
January 2010. Pay scales are also provided. Most provisions and terms
have been paraphrased or abbreviated in that summary. Other awards will
be summarised and placed on the web as soon as possible. The
summaries will not cover every provision of each Award and are not to be
taken as legal advice.
Click
here
to enter the Members' Login page. Members with further enquiries about
any aspect of the awards or agreements are invited to direct them to the
Executive Director, Guy Waters, or to myself as soon as possible.
Peter Hughes Administration Manager Telephone 02.9662.2033 Email
PHughes@AMCANSW.com.Au
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Industrial relations newsletters
Weekly newsletters in a distinctive format, summarising recent
developments in Australia's rapidly-changing industrial relations
environment, are published each Tuesday.
Here are the topics we've covered so far:
| Constructive
dismissal: the deliberate
harassment or bullying by a manager or employer which directly
results in the resignation or dismissal of an employee. |
| Dismissal of
an employee: do it correctly. |
| Pay correctly
& provide pay slips. |
| Fair Work
Information Statements: compulsory after 1 Jan 2010 |
| Redundancy
isn't just an excuse to fire someone |
| Notice boards
may no longer be sufficient: give personal notice of rights |
| Devise proper
workplace policies and apply them fairly |
|
Two wrongs don't make a right: give everyone a "fair go all round" |
|
Unsatisfactory workplace performance: termination checklist |
| Resignation
on impulse: be careful |
| When spin
becomes slander, you could end up in court |
| Annual leave
accrual: how to calculate |
| Carer's
leave: how to calculate |
| Unlawful
termination |
| Redundancy
must be genuine |
| Serious
misconduct justifying summary dismissal - be careful |
| You can't
sack someone just because he's joined the union |
| When facts
and law collide, the law rules |
| Unions'
rights of entry to workplaces (see also IRN16) |
| Union
meetings in working hours |
| Duty of care:
confidential documents |
| Long service
leave, construction and non-construction |
| Watch out for
Big Brother: employment records |
| Long Service
Leave: building and construction industry (more information) |
| Government
contracts must be code-compliant |
Newsletters are sent to Members, Associate Members and Affiliate
Members.
Copies have been placed on the
INDUSTRIAL
RELATIONS page in the members-only section. The user name and
password are required.
The
newsletters will not cover every requirement and are not to be
taken as legal advice.
Date of posting: 28
July 2010
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Public holidays, RDOs
and PLDs
for 2010
A
complete list of RDOs and PLDs, replacing the one kindly provided to us
by the Master Builders' Association, has been added to the Members' page.
Click here to
enter the Members' Page. There is only one list of days off. The list may be
downloaded in pdf format.
Date of posting: 16 February 2010
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Employment contracts: non-award staff
With the passage of the Fair
Work Act 2009 and the introduction of the National Employment Standards,
it has become necessary to revise the employment contract letters which
were prepared by a solicitor some years ago.
Separate letters cover both
managerial/professional and support staff. They may be downloaded in
Microsoft Word format, amended to suit individual conditions, and signed
and issued as required.
To download the letters, click
the logo at right,
enter your user name
and password and proceed to the Agreements page in the Members-Only
section.
Published on 24 July
2009
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Wages and charge-out rates
Now that the new enterprise
agreements have been negotiated and registered, it is possible to publish
the new wages costs and recommended charge-out rates.
To download the rates, click
the logo at right,
enter your user name
and password and proceed to the Agreements page in the Members-Only
section.
Published on 31 July
2009
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Members' Briefings:
The Members briefings
commence at 8:30am and finish usually before 11am.
-
Thursday, 1st April 2010
-
Thursday, 22nd July 2010
-
Thursday, 11th November 2010
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Mechanical Services Market
A fully revised list of projects won,
tenders let and to be let will be available in the members-only section on
Monday 2 August.
Click
here, enter your user name
and password and go to the Market Size page.
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