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The First Draft Road Safety Remuneration Order Has Been Published
Just over a year after the Road Safety Remuneration Tribunal commenced (see related article here), the Tribunal has issued its first draft Road Safety Remuneration Order (the Draft Order). The Draft Order covers road transport drivers in the road transport and distribution industry, in respect of the provision by the road transport drivers of a road transport service involving, or in connection with, retail goods, livestock, bulk grain or long distance travel or long distance operations in the private transport industry. The Draft Order imposes requirements on the employers or hirers of the road transport drivers, and on participants in the supply chain. The Draft Order includes provisions concerning dispute resolution and whistleblower protections, what must be included in a contract between an employer or hirer and a road transport driver, work payments, clothing and reimbursement, payment time, safe driving plans, drug and alcohol policy and training. The Dra...
15 August 2013How far is too far when offering alternative employment?
The Fair Work Commission's (FWC) recent decision of Spotless Services Pty Ltd has provided some clarity in determining what constitutes acceptable alternative employment when an employee's position becomes redundant. Facts Spotless Services Pty Ltd made an application to the FWC to vary the redundancy pay of two employees who had been offered (and rejected) alternative employment. The two employees had been advised that their current roles in Tomago, NSW were redundant, however alternative employment had been identified for them, on the same hours and rates of pay in Eraring, NSW. The respective employee's contracts of employment contained a clause providing for relocation of employment. The employees declined the offer of alternative employment due to the additional time and distance to travel to work. The alternative employment involved an increase in distance of approximately 33.7km and an extra 25-30 minutes of travel time each way pe...
5 August 2013Increase in Unfair Dismissal Cap
The Fair Work Commission has announced this week that the high income threshold in unfair dismissal cases will be increased to $129,300 (up from $123,300). This means that employees who are not covered by an enterprise agreement or a modern award, and whose earning are $129,300 or greater are not protected from unfair dismissal. The high income threshold is calculated by reference to: the employee's wages: amounts dealt with on the employee's behalf or at the employer's discretion for example, superannuation payments over and above the superannuation guarantee charge; and any agreed money value of non-monetary benefits for example, motor vehicles. Payments which cannot be determined in advance, reimbursements and contributions to superannuation in accordance with the superannuation guarantee charge (9.25% as of 1 July 2013) are not included in calculating earnings. For dismissals occurring on or after 1 July 2013, the cap on the co...
20 June 2013