Employment and Industrial Relations
Contracts & Awards
The Civil Contractors Federation Tasmania (CCF Tas) can assist you with the minefield that is employment and industrial relations matters.
When employing people in the Civil Construction Industry you must ascertain if you are going to employ them under a contract or under the Award. If you are employing people under a contract you must ensure that they are not disadvantaged, and are “Better Off Overall” through doing the “BOOT” – Better Off Overall Test.
Standards & Awards
Employment Standards
You are also required to ensure you meet the requirements under the National Employment Standards – the NES. The National Employment Standards (NES) are 10 minimum employment entitlements that must be provided to all employees.
Awards
If you are employing them under the award, and they are field workers, the likely award coverage will be the Building and Construction Onsite General Award.
Wages
The national minimum wage and the NES make up the minimum entitlements for employees in Australia. An award, employment contract, enterprise agreement or other registered agreement cannot provide for conditions that are less than the national minimum wage or the NES. They cannot exclude the NES.
The NES and minimum entitlements
The 10 minimum entitlements of the NES are:
- Maximum weekly hours
- Requests for flexible working arrangements
- Parental leave and related entitlements
- Annual leave
- Personal/carer’s leave, compassionate leave and unpaid family and domestic violence leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement – You must provide a statement to every employee that joins your business – before or immediately after their commencement.
- Fair Work info Statement – Employers must give this to new casual employees who commence with them
The Fair Work Ombudsman
The Fair Work Ombudsman can provide information and advice in relation to workplace rights and obligations. It is here that you will find assistance in:
- Pay
- Leave
- Ending Employment
- Employee Entitlements
- Awards and Agreements
The Fair Work Commission (FWC)
The FWC is Australia’s National Workplace Relations Tribunal. It was established by the Fair Work Act (2009) and is responsible for administering the provisions of the Fair Work Act.
The Commission’s powers and functions include:
- dealing with unfair dismissal claims
- dealing with anti-bullying claims
- dealing with general protections and unlawful termination claims
- setting the national minimum wage and minimum wages in modern awards
- making, reviewing and varying modern awards
- assisting the bargaining process for enterprise agreements
- approving, varying and terminating enterprise agreements
- making orders to stop or suspend industrial action
- dealing with disputes brought to the Commission under the dispute resolution procedures of modern awards and enterprise agreements
- determining applications for right of entry permits
- promoting cooperative and productive workplace relations and preventing disputes.
The Commission and General Manager also have responsibilities in relation to the registration, amalgamation and cancellation of registered organisations and the making and alteration of their rules under the Fair Work (Registered Organisations) Act 2009.
Registered Organisations include Unions. It is essential that you know the Right of Entry Provisions and requirements for Unions to enter your premises or worksites. You can find out more about this here.
TasBuild
TasBuild is the trustee company set up to administer the long service leave fund for the Construction Industry in Tasmania. If you are an employer operating in the Construction Industry you must register with TasBuild, and all eligible workers must also register. The fund provides a portable scheme for employees to access their entitlements under the Construction Industry (Long Service) Act 1998. For more information visit TasBuild.
Super
Superannuation is the contribution that employers make for their employees, to contribute to their retirement. Superannuation in Australia is governed by the Superannuation Guarantee (Administration) Act. Superannuation needs to be contributed to employee’s superannuation accounts at least quarterly, by set dates. For more information about superannuation visit super for employers.