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Contract Determination Ruling
On 23 February 2012, the full bench of the Industrial Court of New South Wales made a determination about the interpretation and application of provisions of the Transport Industry – General Carriers Contract Determination (the Contract Determination). There were three proceedings instituted in the court and referred to the full bench by direction of the president. The proceedings involved three contract carriers claiming against a principal contractor for underpayment of remuneration under the Contract Determination. The proeedings were heard concurrently. The questions referred pertained mainly to the proper application of clause 16 – remuneration of the Contract Determination. The application of this Contract Determination and the calculation of remuneration in clause 16 is critical to many transport operators to ensure compliance with the Contract Determination and the Industrial Relations Act 1996 (the 1996 Act). The questions and answers in this case ac...
5 March 2012FWA Equal Pay Ruling
On 2 June 2011, we reported on the Equal Remuneration Test Case (Equal Remuneration Case; Australian Municipal, Administrative, Clerical and Services Union and others [2011] FWAFB 2700 (16 May 2011)). In that decision, the Full Bench determined that an equal remuneration order should be made because there is not equal remuneration for men and women workers in the social and community services industry, for work of equal or comparable value in comparison with workers in the same industry but in state or local government employment. The Full Bench called for submissions on the extent to which gender has inhibited wage growth in the industry. The percentage increases and implementation period On 1 February 2012, the Full Bench, with Vice President Watson dissenting, determined the following percentage increases to respective classification levels. Level 2 — 19% L...
8 February 2012Road Safety Remuneration Bill Introduced to Parliament
On 23 November 2011 the Transport Minister, Anthony Albanese introduced the Road Safety Remuneration Bill 2011 into parliament. The Bill, if passed, will add another layer of regulation to the already heavily regulated road transport industry. The Road Safety Remuneration Tribunal It will establish a new Road Safety Remuneration Tribunal with the objective of promoting safety and fairness in the industry. The Tribunal will be made up of Fair Work Australia members along with work, health and safety experts and is expected to commence on 1 July 2012. Application of the Bill The Bill will apply to all employed and self-employed (independent contractor) drivers in the road transport industry as defined by reference to the modern awards that apply in the industry. For example the Bill will apply to employed and independent contractor drivers in the road transport and distribution industry as defined in the Road Transport...
2 December 2011