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Week in review
 

Workplace Authority releases 2008 Pay Scales

The Workplace Authority have posted on their website pay scale summaries for the most commonly used awards, including retail awards.

 

These pay scale summaries have been adjusted to take into account the Australian Fair Pay Commission’s minimum wage decision 2008 handed down on 8 July 2008.

 

The AFPC awarded a $21.66 per week (57 cents per hour) increase to all pay scales. This increase will come into effect on the first pay period on or after 1 October 2008.

 

The NRA is in the process of compiling comprehensive pay summaries for all retail NAPSAs, which will include rates for overtime, weekends, public holidays and late night trading. Members will be advised when these summaries are placed on the NRA Website.

Victorian Public Holidays Amendment Bill Set to Disadvantage Employers

The Victorian Government has moved to pass legislation that aims to change public holidays state-wide.

 

The Public Holidays Amendment Bill will provide for the following changes:

  • An additional public holiday when New Year’s Day falls on a weekend, so that the following Monday is also a public holiday;
  • An additional public holiday when Boxing Day falls on a weekend so that the following Monday or Tuesday (in the event when Christmas Day is Sunday) is also a public holiday;
  • A substitute public holiday of the Monday following 26 January when Australia Day falls on a weekend;
  • A substitute public holiday of the Monday following 25 December when Christmas day falls on a weekend.

Members should note that in both 2009 and 2010 Boxing Day falls on a weekend and in 2011 New Years Day is on a Saturday.

 

Further, the bill provides for Victorians in all districts throughout the state to be entitled to celebrate Melbourne Cup Day or an alternative as a public holiday by the relevant districts either declaring either Melbourne Cup Day or an alternative day as a public holiday.

 

The amendments are to be effective from the date of royal assent, however, public holidays already gazetted for 2008 will remain unchanged.

 

The NRA has written to the Minister expressing our concern for employers who will have to shoulder the burden of additional public holiday entitlements. At the time of publication we are still awaiting a reply.  We will keep members updated on the status of the bill.

Franchising Code of Conduct

A Federal Parliamentary Inquiry into the operation of the Franchising Code of Conduct has been announced. This inquiry occurs less than two years after the inquiry into the disclosure parts of the franchising code which led to amendments which commenced as recently as 1 March 2008. This inquiry also follows recent inquiries into the franchising industry by the Western Australian Government and the South Australian Parliament.

 

The Parliamentary Joint Committee on Corporations and Financial Services will report by 1 December 2008.

 

The terms of reference are:

 

The Committee is to inquire and report on the operation of the Franchising Code of Conduct, and to identify, where justified, improvements to the Code, with particular reference to:

  1. the nature of the franchising industry, including the rights of both franchisors and franchisees;
  2. whether an obligation for franchisors, franchisees and prospective franchisees to act in good faith should be explicitly incorporated into the Code (having regard to its presence as an element in paragraph 51AC(4)(k) of the Trade Practices Act 1974);
  3. interaction between the Code and Part IVA and Part V Division 1 of the Trade Practices Act 1974, particularly with regard to the obligations in section 51AC of the Act;
  4. the operation of the dispute resolution provisions under Part 4 of the Code; and
  5. any other related matters.

Submissions must be made by 12 September 2008. Submissions to be sent click here.

 

For more information go to the APH website

IMF Food and Oil Prices

The IMF has released a report into the reasons and effects of higher food and fuel prices. On fuels prices the IMF conclude that the price impetus from demand forces has been amplified by a sluggish supply response, which has led to a perpetuation of very low spare capacity and tight market conditions.

 

On the financial conditions of oil market the IMF conclude they:

 

have temporarily added to upward price pressure earlier this year. In particular, the drop in real policy interest rates and U.S. dollar depreciation likely contributed to the rising prices of oil and other commodities through their impact on physical oil demand and supply. In contrast, there is no compelling evidence that the increasingly prominent role of oil and other commodities as an asset class has affected price trends for oil and other commodities, although purely financial factors, including shifts in market sentiment, can have short-term price effects.

 

Future oil prices are expected to only moderate over the next five years although the estimate has a wide margin of error.

 

Futures prices embed the widely shared expectation that only high prices will induce the capacity expansion needed for continued robust oil demand growth. Prices for oil futures options also imply a much wider than usual band of uncertainty. This reflects a broad range of views by market participants about downside risks to near-term global growth prospects, the medium term evolution of demand and supply—including their responses to sustained high prices.

 

The full copy of the report can be downloaded from here.  

ACCC Draft Determination on Plastic Bag Trial

The ACCC has received an application for authorisation from the Australian National Retailers Association Limited (ANRA) relating to a four-week pilot program to test the effect of the imposition of a charge for lightweight plastic bags in supermarkets. 

 

ANRA is seeking authorisation to make and give effect to agreements which establish a pilot program designed to test the effect of imposing a charge of 10 cents per bag for lightweight plastic shopping bags supplied by supermarkets. It is proposed that the pilot program will take place in three locations in Victoria – Fountain Gate Shopping Centre in Narre Warren and surrounds; Wangaratta and surrounds; and Warrnambool and surrounds – and will run for four weeks commencing in August 2008.

 

ANRA has advised that Coles, Woolworths and IGA supermarkets will, if authorised, participate in the pilot program. A number of other retailers, including FoodWorks, Target and Kmart, may also participate in the pilot program if authorisation is granted.

 

ANRA is also seeking authorisation to disseminate information and data obtained from the pilot program to ANRA and its members, any other retailers who participate in the pilot program, the Victorian Government and the Environment Protection and Heritage Council (the EPHC).

 

The ACCC has issued a draft determination in relation to ANRA's application

 

The ACCC has decided to grant interim authorisation to commence on 1 August 2008. Interim authorisation will remain in place until the date the ACCC’s final determination comes into effect or until the ACCC decides to revoke interim authorisation.

ACCC Guidelines on Warranties and Refunds

All Australian traders, whether online or running a bricks and mortar operation, must comply with existing Australian trading laws. These include provisions dealing with warranties and refunds.

 

For more information click here

Worksafe Victoria Guide for Employers

"What to do if a worker is injured, A guide for employers" is a 36 page publication which provides an overview of what employers should do when a worker has a work related injury or illness. The publication includes information on what employers should do when a claim is made and how they can help an injured worker return to work. Templates for a return to work plan and offer of suitable employment are provided.

 

To view the Guide click here

Annual Compendium of Workers’ Compensation Statistics 2005-06 Report

Preliminary results for 2005-06 show that 16 employees out of every 1000 had an accepted workers’ compensation claim which involved them being away from work for one week or more, according to the latest findings in the Compendium of Workers’ Compensation Statistics Australia 2005-06 report. The most serious workers' compensation claims lasted a relatively short period. With just over half (52 per cent) of employees who lodged a claim being back at work within 4 weeks, and three-quarters away from work under 3 months.

 

The Compendium is an annual publication that provides a detailed analysis of compensated work-related injury and disease among employees in Australia.

 

Some key findings and trends reported in the Compendium include:

  • Preliminary data for 2005-06 reports the transport and storage industry accounted for the largest number of fatalities (41), followed by construction (33) and manufacturing (28).
  • Trend data results showed all industries experienced a fall in incidence rates of injury and disease between 1997-98 and 2004-05, with the greatest falls being in the priority industries of mining (45 per cent decrease), construction (27 per cent decrease), transport and storage (20 per cent decrease), agriculture, forestry and fishing (19 per cent decrease) and manufacturing (18 per cent decrease).
  • Reflecting Australia’s ageing labour force, the proportion of claims for employees aged 45 years or more increased from 33 per cent in 1997-98 to 39 per cent in 2004-05.

The Compendium of Workers’ Compensation Statistics Australia 2005-06 can be downloaded here

Work Related Fatalities

There were 116 work-related notified fatalities (including 16 bystanders, 3 of whom were children) between 1 July 2007 and 31 March 2008.  Over the same period in the previous financial year (1 July 2006 to 31 March 2007) there were 135 work-related notified fatalities (including 12 bystanders).

 

Between 1 July 2007 and 31 March 2008, 30 fatalities occurred at a Construction workplace; 26 occurred at a workplace related to Transport and storage; and 22 at an Agriculture, forestry and fishing workplace. 2 fatalities were recorded at a retail trade workplace and 2 fatalities at a wholesale trade workplace.

 

Of the 116 notified fatalities, 6 were female: 2 of whom were girls aged under 5 years. The average age of the fatalities, for which age was known, was 44 years: with the youngest aged 2 years and the oldest aged 80 years.

 

29 persons were killed in Queensland, 24 in NSW, 21 in WA, 9 in Victoria, 7 in Tasmania and 6 in SA.

 

The most common causes of fatalities were Vehicle accident - other, accounting for 20 fatalities; Crushing, with 14 fatalities; and Hit by falling object, with 13 fatalities. Vehicle accidents on a public road accounted for an additional 13 fatalities (8 workers and 5 bystanders).






Week in Review

21 July 2008

 

Workplace Authority releases 2008 Pay Scales

 

Victorian Public Holidays Amendment Bill Set to Disadvantage Employers

 

Franchising Code of Conduct

 

IMF Food and Oil Prices

 

ACCC Draft Determination on Plastic Bag Trial

 

ACCC Guidelines on Warranties and Refunds

 

Worksafe Victoria Guide for Employers

 

Annual Compendium of Workers' Compensation Statistics 2005-06 Report

 

Work Related Fatalities

 
 
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