Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday where employers may trade.

On 13 March 2024, the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Act 2024 (WSM Act) received Royal Assent. The changes are aimed at addressing the sustainability of the Scheme, following the Victorian Government’s admission that the Scheme was “fundamentally broken”.

Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday

As members will recall from our previous Bulletin, the contentious Closing Loopholes Bill was split in December 2023 following a deal being reached with the Albanese Government and crossbench Senators David Pocock and Jacqui Lambie. Like its predecessor, the No. 2 Bill was also rushed through the Australian Parliament, without proper scrutiny, on 12 February 2024.

This year, the Labour Day public holiday in Victoria is on Monday, 11 March 2024.

The Fair Work Commission (FWC) is currently undertaking a modern awards review on the request of the Minister for Employment and Workplace Relations.

This year, the Australia Day public holiday is on Friday, 26 January 2024
Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

As members will recall from our previous Bulletin, the contentious Closing Loopholes Bill was split following a deal being reached with the Albanese Government and crossbench Senators David Pocock and Jacqui Lambie. As a result, the amended Bill was rushed through the Senate, without proper scrutiny, on 7 December 2023.

This year, VACC will close during the Christmas/New Year period from 5 pm, Friday 22 December 2023 until Wednesday, 3 January 2023 inclusive.This is traditionally a quiet time as many members have their annual close-down at this time.

Last week the Albanese Government did a deal with crossbench Senators David Pocock and Jacqui Lambie to split the Closing Loopholes Bill (CL Bill), to enable it to rush a number of contentious amendments through the Senate, without proper scrutiny, on 7 December 2023.

 

Members are reminded that under changes to the Fair Work Act 2009 (FW Act) introduced by the Albanese Government’s ‘Secure Jobs, Better Pay’ amendments passed last year, restrictions on the use fixed term contracts apply from 6 December 2023.

 Members are reminded of their modern award obligations where they intend to have a temporary shutdown of all, or a section of their business over the Christmas and/or New Year period.

Melbourne Cup Day is a public holiday across all of Victoria unless an alternate local holiday has been arranged by a non-metro municipality. Accordingly, 7 November 2023 is not a public holiday for the localities of Rainbow, Albacutya, Kenmare, Broughton, Yanac, Netherby, Lorquon, Nhill, Glenlee, Kiata, Gerang Gerung and Little Desert within Hindmarsh Shire. Affected members can find further information here.

The Albanese Government has introduced its next tranche of proposed industrial relations changes into federal parliament.

With the AFL Grand Final public holiday to be held across Victoria this year on Friday, 29 September 2023, members are reminded that this public holiday is not a restricted trading day under Victorian law, meaning that all automotive businesses are permitted to open.

As outlined in our last Bulletin, the Albanese Government has introduced its next tranche of proposed industrial relations changes into federal parliament

The Albanese Government has today signalled its latest upheaval to Australia’s workplace relations regime, through the introduction of its next tranche of contentious IR amendments into federal parliament. The ‘Closing Loopholes’ Bill (originally promoted as ‘Same Job, Same Pay’) continues the theme of last year’s ‘Secure Jobs, Better Pay’ amendments to enterprise bargaining – i.e. an unjustified, ideologically-driven attempt to restrict flexibility, productivity and an individual’s choice of lawful working arrangements, for the benefit of the Albanese Government’s trade unionist benefactors.

On 9 November 2022, the Albanese Government’s Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 amendments received Royal Assent. Under the amendments, the previous unpaid family and domestic leave entitlement under the National Employment Standards (NES) was replaced with an entitlement providing 10 days paid family and domestic violence leave in a 12-month period commencing from 1 February 2023 for businesses with 15 or more employees.

In a prelude to the next contentious tranche of industrial relations changes expected to be introduced to parliament within the next month, Employment and Workplace Relations Minister Tony Burke has released more detail around the proposed casual employment changes – claiming that the Albanese Government will “close the loophole that leaves people stuck as casuals when they actually work permanent regular hours”.

As a member and key stakeholder of the Australian Chamber of Commerce and Industry (ACCI), VACC supports messaging from ACCI CEO Andrew McKellar and other key signatories of the Open Letter printed in today’s news publications.

 

Members were notified on 2 June 2023 that a decision of the Fair Work Commission (FWC) awarded an increase to modern award minimum wages of 5.75%. Proportionate increases will also flow on to junior employees and employees to whom training arrangements apply (apprentices and trainees).

As members may recall, a number of the Albanese Government’s ‘Secure Jobs, Better Pay’ amendments to the Fair Work Act 2009 (FW Act) commence operation in June 2023.

 

On 2 June 2023, the Fair Work Commission handed down its Annual Wage Review 2022-23 Decision (Decision), awarding increases to both the National Minimum Wage and minimum wage rates under modern awards (including the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks Private Sector Award 2020).

Under current arrangements, employers must receive and pass on the Commonwealth Parental Leave Payments (PLP) to eligible employees who have a newborn or recently adopted a child and have worked for the employer for at least 12 months before the expected date of birth or adoption.

WorkSafe has charged a director, an employee and two companies after multiple allegations of sexual harassment of young employees at hospitality outlets at two Melbourne hospitals. The director and companies face charges under section 26(1) of the Victorian Occupational Health and Safety Act 2004 (OHS Act) for failing to ensure that, as far as is reasonably practicable, the workplace was without risks to health. The employee has been charged with a single breach of section 25(1)(b) of the OHS Act for failing to take reasonable care for the health and safety of a person who may be affected by their acts or omissions at a workplace.

 

As members may recall from a previous Bulletin, on 22 December 2022 a Full Bench of the Fair Work Commission (FWC) handed down a Decision on annual leave shutdown provisions, as part of its 4 yearly review of modern awards. As a result of the FWC Decision, the annual leave shutdown provisions in 78 modern awards were amended, including the Vehicle Repair, Services and Retail Award 2020 (Vehicle Award) – with effect from 1 May 2023.

Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

This year, the Labour Day public holiday in Victoria is on Monday, 13 March 2023.
Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

 

On 3 February, the Minister for Employment and Workplace Relations issued the Fair Work Amendment (Paid Family and Domestic Violence Leave) Regulations 2023 (the amended Regulations). The amended Regulations commenced operation on 4 February 2023.

 

On 22 December 2022, a Full Bench of the Fair Work Commission (FWC) handed down a contentious majority Decision on annual leave shut down provisions, as part of its 4 yearly review of modern awards. As a result of the FWC Decision, the annual leave shutdown provisions in 78 modern awards will be amended, including the Vehicle Repair, Services and Retail Award 2020 (Vehicle Award).

This year, the Australia Day public holiday is on Thursday, 26 January 2023.
Members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

 

This year, VACC will close during the Christmas/New Year period from 5 pm, Friday 23 December 2022 until Friday 6 January 2023 inclusive. This is traditionally a quiet time as many members have their annual close-down at this time.

 

On 2 December 2022, the amended Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) passed both houses of federal parliament. The passage of the Bill through the Senate was assured following a deal being done with independent Senator David Pocock – who joined Labor and the Greens in supporting the Bill. The Bill is expected to receive Royal Assent later this month.

Wage Inspectorate Victoria (WIV) has filed a total of 94 charges against a restaurant in Macedon and its owner, for allegedly “dishonestly withholding over $7,000 in employee entitlements, including wages, penalty rates and superannuation” in relation to four former employees.

The Fair Work Commission is currently reviewing annual leave award provisions regarding shut downs as part of its 4 yearly review of modern awards. The Commission is considering redrafting and amending such provisions in the context of these proceedings.

On 27 October 2022, the Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) was introduced into the Federal Parliament. The Bill reflects a mix of both election promises and announcements made following the recent Jobs & Skills Summit.

The Fair Work Commission is currently reviewing annual leave award provisions regarding shut downs as part of its 4 yearly review of modern awards. The Commission is considering redrafting and amending such provisions in the context of these proceedings.

Melbourne Cup Day is a public holiday across all of Victoria unless an alternate local holiday has been arranged by a non-metro municipality. Accordingly, 1 November 2022 is not a public holiday for the localities of Rainbow, Albacutya, Kenmare, Broughton, Yanac, Netherby, Lorquon, Nhill, Glenlee, Kiata, Gerang Gerung and Little Desert within Hindmarsh Shire. Affected members can find further information here.

 

Where an employee cannot attend work because of flooding and their workplace is open for business, the employer is not obliged to pay wages to the non-attending employee.
However, the employer could offer other alternatives to employees who cannot attend work due to the flooding on the condition that the employee agrees to the proposed alternatives.

Following the Victorian Premier announcement last week, the current Pandemic Declaration made under section 165AE of the Public Health and Wellbeing Act 2008 was not extended. Accordingly, from 11:59pm on Wednesday, 12 October 2022, the Pandemic Declaration came to an end, together with the Pandemic Orders.

The Prime Minister Anthony Albanese has confirmed that Australians will receive a one-off public holiday to mark a National Day of Mourning for Her Majesty the Queen on Thursday,
22 September 2022. Mr Albanese has also confirmed that this day has been agreed by each state and territory.

Further to the decisions of the National Cabinet on 31 August 2022 and the Victorian Health Minister’s recent announcement, updated Pandemic Orders became operative from 11:59pm on Thursday 8 September 2022 confirming that the self-isolation period has been reduced to five days for positive COVID-19 cases who do not have symptoms on day five of their isolation. This change does not apply to people who work in high-risk settings, including hospitals, residential aged care facilities, disability care facilities or in-home care premises. The nominal expiry date of the updated Pandemic Orders is 12 October 2022.

Last week’s 2-day Jobs and Skills Summit provided a further, clear signal that the Albanese Government is fully committed to delivering for the Australian trade union movement on industrial relations. Whether this commitment will also, in practice, deliver the Albanese Government’s stated objectives of ‘a more productive workforce’ and ‘secure jobs with growing wages’ is far less certain – particularly for small business operators and the 90% of private sector employees who have chosen not to be union members.

Following the extension of the Pandemic Declaration by the Victorian Premier for a further 3 months from 11:59pm 12 July 2022, new Pandemic Orders have been issued by the Minister for Health. The new Pandemic Orders became operative from 11:59pm 12 July 2022 – with a common nominal expiry date of 11:59pm 12 October 2022.

Members were notified on 15 June 2022 that a decision of the Fair Work Commission (FWC) awarded an increase to modern award minimum wages of 4.6%, subject to a minimum increase for adult award classifications of $40 per week for a full-time employee.

Members were notified on 15 June 2022 that a decision of the Fair Work Commission (FWC) awarded an increase to modern award minimum wages of 4.6%, subject to a minimum increase for adult award classifications of $40 per week for a full-time employee.

Further to our last Bulletin, new Pandemic Orders have now been issued by the Minister for Health, giving effect to the significant easing of COVIDSafe Settings announced last week. The new Pandemic Orders became operative from 11:59pm 24 June 2022 – with a common nominal expiry date of 11:59pm 12 July 2022.

The Minister for Health, Martin Foley, has announced a further easing of COVIDSafe settings in the State of Victoria that will take effect from 11.59pm Friday 24 June 2022.

On 15 June 2022, the Fair Work Commission handed down its Annual Wage Review 2021-2022 Decision (Decision), awarding increases to both the Federal Minimum Wage and minimum wage rates under modern awards (including the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks Private Sector Award 2020).

The Queen’s Birthday, Monday, 13 June 2022, is a holiday throughout Victoria and Tasmania.
Trading hours and penalty rates of pay for Queen’s Birthday.

VACC elections for the Divisional Executive Committees is being conducted by Mr Ron Ritchie, Returning Officer. Nominations for Divisional Office Bearers open on Monday, 2 May 2022.

Further to our last Bulletin, new Pandemic Orders made by the Minister for Health to give effect to the significant easing of COVIDSafe Settings announced last week became operative from 11:59pm 22 April 2022 – with a common expiry date of 11:59pm 22 July 2022.

The Minister for Health, Martin Foley, has today announced a significant further easing of COVIDSafe settings in the State of Victoria.

Following the recent announcement of the Victorian Premier’s decision made under section 165AE of the Public Health and Wellbeing Act 2008  to extend the Pandemic Declaration for three months, the Victorian Health Minister has overnight issued updated Pandemic Orders, operative from 11:59pm 12 April 2022 until 11:59pm 12 July 2022.

Trading arrangements in Victoria - Easter and ANZAC day 2022

Trading arrangements in Victoria - Easter and ANZAC day 2022

Further to our previous Bulletins, updated Pandemic Orders made by the Minister for Health became operative from 11.59pm 25 February 2022 – with a common expiry date of 11:59pm 12 April 2022.

Further to our previous Bulletins, updated Pandemic Orders made by the Minister for Health became operative from 11.59pm 25 February 2022 – with a common expiry date of 11:59pm 12 April 2022.

The Labour Day holiday in Victoria and Eight Hour Day in Tasmania is Monday, 14 March 2022.

Further to our last Bulletin, updated Pandemic Orders made by the Minster for Health became operative from 6pm 18 February 2022 – with a common expiry date of 11:59pm 12 April 2022.

Further to our last Bulletin, updated Pandemic Orders made by the Minster for Health became operative from 6pm 18 February 2022 – with a common expiry date of 11:59pm 12 April 2022.

The Victorian Premier has announced that from 6pm tomorrow, 18 February 2022, new pandemic orders will be issued by the Minister for Health.

Updated Pandemic Orders made by the Minister for Health took effect from 11:59pm 4 February 2022 – with a common expiry date of 11:59pm 12 April 2022.

Further to recent announcements made by the Victorian Premier and National Cabinet, the Victorian Chief Health Officer has issued the Exemption of Specific Workers – Contacts Conditions and Other Directions (No 1) (Exemption Directions), commencing at 11:59pm on 18 January 2022 and ending at 11:59pm on 1 March 2022.

Australia Day is a public holiday and is Australia's national day.

Following the recently announced 3-month extension to the Pandemic Declaration by the Victorian Premier under section 165AE of the Victorian Public Health and Wellbeing Act 2008, updated Pandemic Orders made by the Minster for Health took effect from 11:59pm 12 January 2022 – with a common expiry date of 11:59pm 12 April 2022.

As foreshadowed in our last Bulletin, further changes have been made to Pandemic Orders giving effect to changes agreed at National Cabinet announced on 5 January 2022 to address current COVID-19 testing challenges through the removal of the requirement for a PCR test to confirm a positive rapid antigen test result.

Members should note that new isolation and testing requirements for COVID-19 cases and contacts took effect from 11:59pm on 30 December 2021, following commencement of the Pandemic (Quarantine, Isolation and Testing) Order 2021 (No. 2) that have broad implications for Victorian workplaces.

Following yesterday’s announcement by Victoria’s Acting Premier that face mask requirements would be extended to all indoor premises (except private homes) in Victoria for people aged 8 years and over from 11:59pm, 23 December 2021 – Pandemic (Movement and Gathering) Order 2021 (No. 2) has commenced operation, giving effect to the announcement.

Further to our Bulletin of 16 December 2021 and our Bulletin of 6 December 2021 pandemic orders giving effect to the Andrew’s Government’s contentious pandemic response framework under Public Health and Wellbeing Act 2008- Part 8A (the Act) commenced operation at 11.59 pm on Wednesday 15 December 2021.

The Minister for Health, Martin Foley will today sign pandemic orders under the new Public Health and Wellbeing Act, which is due to commence 11:59pm on 15 December 2021.

On 2 December 2021, the Andrews Government’s contentious Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 (the Pandemic Bill) successfully passed through the Victorian Parliament.

Further to our previous Bulletin, various public health directions giving effect to the Victorian Premier’s announcement of the easing of restrictions (‘Directions’) commenced operation at 11:59pm last night, 18 November 2021.

The Victorian Premier has today announced that a further significant easing of restrictions will occur from 11:59pm tonight, Thursday 18 November 2021 as the 90 per cent (12 years and over) double dose vaccination target is reached in line with Phase D of the National Plan.

Further to our previous Bulletin, we advise that a number of public health directions (‘Directions’) have been updated and commenced operation from 6pm on Friday, 5 November 2021.

Further to our previous Bulletin, we advise that various public health directions (‘Directions’) giving effect to the Victorian Premier’s 24 October 2021 announcement regarding the easing of restrictions at 80 per cent (16 years and over) fully vaccinated target commenced operation at 6pm on Friday, 29 October 2021. The Victorian Government has also updated a revised ‘Roadmap’ which incorporates the changes that have now taken effect this evening (‘Phase C’) – as well as those now proposed at ‘Phase D’, which will now occur at 90 per cent (12 years and over) fully vaccinated. The current indicative date for the move to ‘Phase D’ restriction levels is Wednesday, 24 November 2021.

 

Tuesday, 2 November 2021 Melbourne Cup Day is a gazetted public holiday across all of Victoria unless an alternate local holiday has been arranged by non-metropolitan Councils.

The Victorian Premier yesterday announced that a further easing of restrictions will occur from 6pm, Friday 29 October 2021.

Further to our previous Bulletin, various public health directions giving effect to the Victorian Premier’s announcement of the easing of restrictions (‘Directions’) commenced operation at 11:59pm last night, 21 October 2021.

Further to our recent Bulletin, we advise that new Victorian Border Crossing Permit Directions (No 34) (Directions) came into operation from 11:59pm on 19 October 2021.

The Victorian Premier yesterday announced that an easing of restrictions will occur from 11:59pm on 21 October 2021, as the 70 per cent double dose vaccination target in Victoria’s ‘roadmap’ is reached ahead of schedule.

The Victorian Premier has today announced that changes to Victoria’s travel permit system will take effect at 11:59pm on 19 October 2021.

Further to our previous Bulletin, members are reminded that on and from 15 October 2021, employers must not allow anyone covered by the worker-specific categories contained in clause 9 of the COVID-19 Mandatory Vaccination (Workers) Directions (the Directions) to work away from their home

Further to yesterday’s Bulletin, at 11:59pm last night, 7 October 2021, Victoria’s Acting Chief Health Officer issued COVID-19 Mandatory Vaccination (Workers) Directions (the Directions) giving legal effect to the Victorian Premier’s announcement of 1 October 2021.

Further to our Bulletins issued on 1 October 2021 and 4 October 2021, VACC advises members that Directions from the Chief Health Officer (or delegate) giving effect to the Victorian Premier’s announcement on 1 October 2021, that all Victorian workers on the Authorised Workers list will require their first COVID-19 vaccine dose by 15 October 2021 to continue working onsite (and second dose by 26 November 2021), have not yet been issued.

Victoria’s Acting Chief Health Officer has announced, that with the exception of curfews, the current restrictions in place in Metropolitan Melbourne have been extended to the City of Greater Shepparton and the Shire of Moorabool from 11:59pm 1 October 2021.

The Victorian Premier has today announced that on the advice of his public health team, and its apparent concerns over the capacity of the Victorian health system to cope with an increase in admissions due to COVID-19.

Victoria’s Acting Chief Health Officer has announced, that with the exception of curfews, the current restrictions in place in Metropolitan Melbourne have been extended to the City of Latrobe from 11:59pm Tuesday 28 September 2021 until 11:59pm Tuesday 5 October 2021.

The Victorian Premier yesterday announced a ‘modest easing of restrictions’ from 11:59pm tomorrow,
28 September 2021, when Victoria reaches the 80 percent first dose vaccination target – the first target on its ‘roadmap’ outlined in our previous Bulletin.

The Victorian Premier yesterday announced a ‘modest easing of restrictions’ from 11:59pm tomorrow,
28 September 2021, when Victoria reaches the 80 percent first dose vaccination target – the first target on its ‘roadmap’ outlined in our previous Bulletin.

The Victorian Premier yesterday announced the Andrews Government’s long-awaited ‘roadmap’ out of the current lockdown restrictions in Metropolitan Melbourne.

The Victorian Premier has today announced ‘new freedoms’ and a ‘modest easing’ of current lockdown restrictions in Metropolitan Melbourne and Ballarat from 11:59pm Friday 17 September 2021.

The Victorian Premier has today announced, that with the exception of curfews, the current restrictions in place in Metropolitan Melbourne will be extended to the City of Ballarat from 11:59pm tonight, Wednesday 15 September 2021 until Wednesday 22 September 2021.

Members will recall that on 27 March 2021 the Fair Work Act 2009 (Cth) (the FW Act) was amended to introduce a new definition of ‘casual employee’ in s.15A of the FW Act and new casual conversion arrangements in the National Employment Standards (NES).

With the AFL Grand Final public holiday to be held across Victoria this year on Friday 24 September 2021, members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

The Victorian Premier has today announced that with the exception of Greater Shepparton, lockdown restrictions within Regional Victoria will ease from 11:59pm tomorrow, Thursday 9 September 2021.

The Victorian Premier has today announced that lockdown restrictions in place throughout Victoria will be extended from 11:59pm Thursday 2 September 2021 until “70 per cent of Victorians have had at least one dose of vaccine”, which is expected to be on or around 23 September 2021.

The Victorian Premier has today announced, that with the exception of curfews, the current restrictions in place in Metropolitan Melbourne will be extended to all of Victoria from 1pm today, Saturday 21 August 2021 until Thursday 2 September 2021.

Further to yesterday’s Bulletin, updated Workplace Directions (No 44) have been released which will take effect from 11:59pm tonight, 17 August 2021. The updated Workplace Directions confirm that, similar to the arrangements that were put in place in August 2020, an employer in respect to a Work Premises located in Metropolitan Melbourne, may only permit an employee to perform work at the employer’s Work Premises if they have issued an Authorised Worker Permit to the employee.

Further to our recent Bulletin, the Victorian Premier has today announced a further two-week lockdown extension for Metropolitan Melbourne until 11:59pm Thursday 2 September 2021.

Further to yesterday’s Bulletin, the Small Business COVID Hardship Fund Guidelines have now been released.

The Victorian Premier has today announced that the 7-day Snap Lockdown will be extended for Metropolitan Melbourne until 11:59pm Thursday 19 August 2021.

The Victorian Premier has today announced that the lockdown will be lifted in Regional Victoria at 11:59pm Monday 9 August 2021, with details on the COVIDSafe settings provided in the updated Table of Restrictions released by the Victorian Government.

In a victory for common sense, on 4 August 2021 the High Court unanimously overturned the contentious ‘double dip’ decision of the Full Court of the Federal Court in WorkPac v Rossato.

Following yesterday’s Bulletin, further details have now been released on Victoria’s latest 7-day snap lockdown. Under the new Stay at Home Directions (Victoria)(No 4) that took effect from 8pm last night, the five reasons for people to leave their home have been confirmed:

The Victorian Premier has late this afternoon announced a 7-day snap lockdown throughout all of Victoria commencing from 8pm this evening, Thursday 5 August 2021.

The Victorian Premier has today announced that the Victoria-wide lockdown will end at 11:59pm Tuesday 27 July 2021, with details on the COVIDSafe settings provided in the updated Table of Restrictions released by the Victorian Government.

The Victorian Premier has today announced that the 5-day Snap Lockdown will be extended for all of Victoria until 11:59pm Tuesday 27 July 2021.

The Victorian Premier has today announced that the 5-day Snap Lockdown will be extended for all of Victoria until 11:59pm Tuesday 27 July 2021.

Following discussions with the Prime Minister, the Victorian Premier has today announced details of the financial support available for businesses and employees affected by the 5-day snap lockdown that commenced in Victoria at 11:59pm last night.

The Victorian Premier has late this afternoon announced a 5-day snap lockdown throughout all of Victoria commencing from 11:59pm this evening until 11:59pm Tuesday 20 July 2021, with the potential for Regional Victoria to be released earlier if certain criteria are met.

• Members are reminded that in accordance with the Superannuation Guarantee (Administration) Act 1992 (the Act), the Super Guarantee employer contribution rate increases from 9.5% to 10% of ordinary time earnings from 1 July 2021.
• The contentious Victorian Wage Theft Act 2020 (the Act) commences operation from 1 July 2021.

Members were notified on 16 June 2021 that a decision of the Fair Work Commission (FWC) awarded a 2.5% wage increase to adult minimum award rates of pay.  This means that from the first complete pay period commencing on or after 1 July 2021, the award minimum wage rates will increase.  Employers should make sure they pay their employees at least the minimum rates.

Members were notified on 16 June 2021 that a decision of the Fair Work Commission (FWC) awarded a 2.5% wage increase to adult minimum award rates of pay.  This means that from the first complete pay period commencing on or after 1 July 2021, the award minimum wage rates will increase.  Employers should make sure they pay their employees at least the minimum rates.

The Acting Victorian Premier has announced that a further easing of COVIDSafe Restrictions will take effect in Victoria from 11:59pm 24 June 2021. The full list of changes is contained in the updated Table of Restrictions released by the Victorian Government. In summary, all automotive business workplaces in both Metropolitan Melbourne and Regional Victoria may continue to operate subject to the following applicable COVIDSafe requirements:

The Acting Victorian Premier has announced that a further easing of COVIDSafe Restrictions will take effect in Victoria from 11:59pm 17 June 2021.

On 16 June 2021, the Fair Work Commission awarded a 2.5% increase to all minimum award rates of pay based on a 38-hour week. Unlike last year, with few exceptions, the Commission has returned to its normal approach of awarding a common 1 July operative date.

The Acting Victorian Premier has today announced one change to the COVIDSafe Settings that will take effect in Victoria from 11:59pm tonight until 11:59pm Thursday 17 June 2021, being that face masks will continue to need to be worn within Metropolitan Melbourne both indoors and outdoors. Previously, face masks were only going to be required to be worn outdoors, where 1.5 metres social distancing could not be maintained.

The Acting Victorian Premier has today released a Statement announcing that an easing of the current ‘circuit breaker’ restrictions will take effect from 11:59pm Thursday 10 June until 11:59pm Thursday 17 June 2021.

The Acting Victorian Premier has today released a Statement announcing that an easing of the current ‘circuit breaker’ restrictions will take effect from 11:59pm Thursday 10 June until 11:59pm Thursday 17 June 2021.

The Queen’s Birthday, Monday, 14 June 2021, is a holiday throughout Victoria and Tasmania.

 

Further to our last Bulletin, VACC advises that greater clarity has now been provided on the new QR Code record keeping requirements, following the release of the Restricted Activity Directions (Metropolitan Melbourne)  and Restricted Activity Directions (Regional Victoria) which both took effect from 11:59pm on 3 June 2021.

The Acting Victorian Premier has today released a Statement announcing that the 7-day ‘circuit breaker’ lockdown will be extended in Metropolitan Melbourne from 11:59pm Thursday, 3 June until 11:59pm Thursday, 10 June 2021.

The Acting Victorian Premier has today released a Statement announcing a 7-day ‘circuit breaker’ throughout all of Victoria commencing from 11:59pm this evening until 11:59pm Thursday 3 June 2021. Under the 7-day ‘circuit breaker’ lockdown, there will be five reasons for people to leave their home:

Anzac Day is on Sunday, 25 April 2021 and is to be observed on the day it falls in Victoria and Tasmania.

On 27 March 2021, the casual employment changes to the Fair Work Act 2009 (FW Act) took effect after the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (the Act) received Royal Assent, following approval by both houses of Australian Parliament.

Further to our previous VACC IR Bulletin update, following significant amendments passed by the Senate, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (IR Omnibus Bill) will now become law.

Victoria and Tasmania

The Victorian Premier has today confirmed in a Statement that Victoria will return to its previous COVIDSafe settings from tonight.

The Victorian Premier has today confirmed in a Statement that the 5-day ‘Circuit Breaker’ lockdown throughout Victoria will end as planned at 11:59pm on Wednesday, 17 February 2021.

The Victorian Premier has today released a Statement announcing a 5-day ‘circuit breaker’ lockdown throughout all of Victoria commencing from 11:59pm this evening until 11:59pm Wednesday, 17 February 2021. Under the ‘circuit breaker’ lockdown, there will be four reasons for people to leave their home: shopping for things that are needed, care and caregiving, exercise and work, if it is essential. Exercise and shopping will be limited to five kilometres from home – or the closest one (if not within the five kilometre radius).  Members will note that this is broadly in line with the Stage 4 restrictions that applied last year in Melbourne.

Members will recall from a previous IR Bulletin that on 9 December 2020, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Omnibus Bill) was introduced to federal parliament following extensive consultation with peak employer groups and unions through five IR Working Groups. Subsequent to its introduction, the IR Omnibus Bill has been referred to Committee Inquiry – with a Report from the Senate Education and Employment Legislation Committee due on 12 March 2021.

Members will recall from a previous IR Bulletin that on 9 December 2020, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Omnibus Bill) was introduced to federal parliament following extensive consultation with peak employer groups and unions through five IR Working Groups. Subsequent to its introduction, the IR Omnibus Bill has been referred to Committee Inquiry – with a Report from the Senate Education and Employment Legislation Committee due on 12 March 2021.

Members were notified in previous IR Bulletins that a decision of the Fair Work Commission (FWC) awarded a 1.75% wage increase to minimum award rates of pay in the Annual Wage Review 2019-20 operative from February 2021 for the Vehicle Repair, Services and Retail Award 2020 (VRSR Award).

Members may recall from previous IR Bulletins on 19 June 2020 and October 2020 that the 1.75 % increase determined by the Fair Work Commission (FWC) in Annual Wage Review 2019-20, provided a February 2021 operative date for the Vehicle Repair, Services and Retail Award 2020 (VRSR Award).

Where an employee works on the Australia Day public holiday, that is on Tuesday, 26 January 2021, they are entitled to be paid penalty rates.

Where an employee works on the Australia Day public holiday, that is on Tuesday, 26 January 2021, they are entitled to be paid penalty rates.

Employees who have visited a location at the date and time where a COVID-19 case has visited – may be required by the Victorian Department of Health and Human Services (DHHS) to get tested and quarantine, despite not feeling unwell or not having any symptoms.

Members are reminded that the second extension of JobKeeper 2.0 commences from 4 January 2021 until 27 March 2021 – with payments for eligible employees reducing to $1,000 per fortnight for employees who worked 20 hours or more during the relevant reference period (i.e. 1 March or 1 July 2020) and $650 per fortnight otherwise.

On 9 December 2020, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Omnibus Bill) was introduced to federal parliament following extensive consultation with peak employer groups and unions through five IR Working Groups. VACC was involved throughout the process, to ensure that the needs of members were heard and understood.

This year, VACC will close during the Christmas/New Year period from Thursday, 23 December 2020 and Monday, 4 January 2021 inclusive.  This is traditionally a quiet time as many members have their annual close-down at this time.

This year, VACC will close during the Christmas/New Year period from Thursday, 23 December 2020 and Monday, 4 January 2021 inclusive.  This is traditionally a quiet time as many members have their annual close-down at this time.

Victorian Premier Daniel Andrews has announced the further easing of restrictions in Victoria from 11.59pm on Sunday, 6 December 2020.  A summary of the new ‘COVIDSafe Summer’ restrictions is available here.  Under these new restrictions, a face mask must be carried with you when leaving home.  However, wearing a face mask in only mandatory on public transport, while in taxis or ride share vehicles, and at large retail venues.

Victorian Premier Daniel Andrews has announced the further easing of restrictions in Victoria from 11.59pm on Sunday, 6 December 2020.  A summary of the new ‘COVIDSafe Summer’ restrictions is available here.  Under these new restrictions, a face mask must be carried with you when leaving home.  However, wearing a face mask in only mandatory on public transport, while in taxis or ride share vehicles, and at large retail venues.

The VACC recently made application to the Fair Work Commission (FWC) for a further extension to Schedule I of the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) after achieving a consent position with industry parties.

VACC has sent out a number of bulletins and surveys to members regarding the interim flexibility award provisions in Schedule I – Award Flexibility during the COVID – 19 Pandemic, that has been inserted in the Vehicle Repair, Services and Retail Award 2020 (VRSR Award). On the evidence provided to date, the ACTU and other unions have not objected to our previous applications to the Fair Work Commission (FWC) to extend Schedule I, most recently from 30 September 2020 to 30 November.

Further to our last Bulletin, VACC advises members that the Metro-Regional Work Travel Permit Scheme Directions were revoked with effect from 11:59pm on 8 November 2020.

Members were advised on 19 June 2020 that the Fair Work Commission awarded a 1.75 % increase to all minimum award rates of pay based on a 38-hour week.

Members were sent an email on 20 October 2020 with an updated Clerks – Private Sector Wages guide attached, reflecting the previously announced 1.75 % increase to all minimum award rates of pay based on a 38-hour week awarded by the Fair Work Commission (FWC).

Further to our last Bulletin, VACC advises members that the Metro-Regional Work Travel Permit Scheme Directions took effect at 11:59pm last night, revoking the Permitted Worker Permit Scheme Directions (No 8) – which had taken effect from 3:00pm on 26 October 2020.

As part of the Victorian Government’s Roadmap for Reopening update announced on 18 October 2020, the current Stage 4 Permitted Worker Permit requirements that were initially introduced from 11:59pm on Wednesday 5 August 2020 in metropolitan Melbourne – have been further extended until at least the commencement of the Third Step, currently being from 11:59pm 1 November 2020 (subject to public health assessment of epidemiological conditions).

Members were advised on 19 June 2020 that the Fair Work Commission awarded a 1.75 % increase to all minimum award rates of pay based on a 38-hour week.

This means that from the first complete pay period commencing on or after 1 November 2020, the above award minimum wage rates increase, and employers should make sure they pay their employees at least the minimum rates.

Members are advised that the Australian Taxation Office (ATO) have released new PAYG Withholding tax tables to reflect changes to personal income tax thresholds announced by the Government during the Federal Budget for payments made to employees on and from 13 October 2020.

 

With the AFL Grand Final public holiday to be held across Victoria this year on Friday, 23 October 2020, members are reminded that under both the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) and the Clerks – Private Sector Award 2020 (Clerks Award), an employer and employee may mutually agree to substitute another day for the public holiday.

Further to our previous bulletin, VACC provides an important update to members regarding firstly, the extension of temporary COVID-19 flexibilities contained in Schedule I and Schedule X of the VRSR Award; and secondly, the issuance of a number of new legislative instruments to support the implementation of JobKeeper 2.0.

VACC has sent out a number of bulletins and surveys to members regarding the interim flexibility award provisions in Schedule I – Award Flexibility during the COVID – 19 Pandemic, that has been inserted in the Vehicle Repair, Services and Retail Award 2020 (VRSR Award). On the evidence provided to date, the ACTU and other unions have not objected to a number of extensions to Schedule I, most recently from 31 August 2020 to 30 September 2020.

The AFL Grand Final holiday has been set to be held this year on Friday, 23 October 2020 and applies across Victoria.

As part of the Victorian Government’s Roadmap for Reopening announced on 6 September 2020, the current Stage 4 Permitted Worker Permit requirements that were initially introduced from 11:59pm on Wednesday 5 August 2020 until 11.59pm 13 September 2020 in metropolitan Melbourne – have been extended until at least 25 October 2020.

This bulletin provides an important update to members regarding firstly, the successful passage of the JobKeeper legislation; and secondly, the extension of the temporary Award flexibilities contained in Schedule I of the VRSR Award and the release of a Draft Award Flexibility Schedule by the Fair Work Commission.

Following our previous Bulletin regarding the Australian Government’s announced changes to employee eligibility under JobKeeper – including the extension of the employment reference date to 1 July 2020 –  we now have confirmation that the Rules giving effect to these changes have been formally registered.

In an important decision for employers whose full-time or part-time employee/s do not work the same number of ordinary hours each day (e.g. part-time admin employee working 3 days per week), the High Court has today confirmed that for the purposes of paid personal/carer’s leave accrual under the National Employment Standards (NES) – an employee accrues their entitlement based on an average, ‘notional day’:

Following the recent introduction of further COVID19 restrictions in Victoria and extensive lobbying from the VACC, MTAA, ACCI and others, the Australian Government has today announced that the JobKeeper Payment arrangements have been amended.

The Victorian Government has just released the details of the new worker permit requirements that will apply for employers engaged in a permitted activity, that require their staff to attend a work site.

With the imminent commencement of Stage 4 restrictions on businesses operating in metropolitan Melbourne for the next six weeks as of 11.59pm Wednesday 5 August, and Stage 3 restrictions for the rest of Victoria, VACC strongly recommends that members take the opportunity to review their workforce needs in view of current work requirements.

The JobKeeper Payment has been extended – at a lower rate and with stricter eligibility – until March 2021, the Morrison government has announced.

VACC sent out a bulletin on 1 July 2020 to members advising that an extension to
31 July 2020 of the interim flexibility award provisions in Schedule I – Award Flexibility during the COVID – 19 Pandemic, has been inserted in the Vehicle Repair, Services and Retail Award 2020 (VRSR Award).

Application for a Covid-19 border declaration permit to travel for essential work and business purposes.

The NSW-Victoria border will close at 12.01am tonight (8 July 2020).

Members were advised on 9 April 2020 of a determination by the Fair Work Commission (FWC) to introduce unpaid pandemic leave into 99 awards until 30 June 2020.  This determination included the Vehicle, Repair Services and Retail Award 2020 (VRSR Award).  On 1 July 2020, The Fair Work Commission issued a further decision to extend the operation of unpaid pandemic leave and the annual leave flexibility to 30 September 2020. These provisions are set out in “Schedule X - Additional Measures During the COVID-19 Pandemic” of the VRSR Award.

Urgent information is required by the Commonwealth Government regarding the temporary JobKeeper provisions (issued on 8 April 2020) in the Fair Work Act.  VACC member assistance is required by filling in a survey. Any information provided will be kept strictly confidential.

VACC and the Motor Trades Associations, assisted by the Australian Chamber of Commerce and Industry (ACCI), applied to the Fair Work Commission (FWC) for an extension to the interim award flexibility provisions in Schedule I – Award flexibility during the COVID – 19 Pandemic in the Vehicle Repair, Services and Retail Award 2020 (VRSR Award).

Fair Work Commission awards an annual wage increase of 1.75% to be phased in over three separate operative dates based on award groups.

On Tuesday, 17 June 2020 wage theft legislation was passed through the Victorian Upper House.

VACC sent out a bulletin on 15 May 2020 to members advising that a new Schedule I – Award Flexibility during the COVID – 19 Pandemic, has been inserted in the Vehicle Repair, Services and Retail Award 2020 (VRSR Award) to assist member business’ which are not eligible for job keeper to utilise a range of award flexibilities during the pandemic.  The Schedule was approved by the Fair Work Commission (FWO) as it was recognised that sectors of the automotive industry have been severely impacted by the pandemic.

On 29 May 2020 a new VRSR Award will commence operating from the start of the first full pay period that starts on or after 29 May 2020.  The new remuneration for vehicle salespersons arrangements are set out in clause 28.5 of the new award.

Members were previously advised in a Bulletin on 5 March 2020 that this new Award would commence operation from Monday, 4 May 2020.  As a result of recent amendments to the award, the Fair Work Commission (Commission) has determined that the award will commence operation from the first complete pay period on or after 29 May 2020.

The enrolment deadline for the JobKeeper subsidy is Sunday 31 May. This is the final opportunity for employers to claim paid wages from April and May.

VACC and the Motor Trades Associations, assisted by the Australian Chamber of Commerce and  Industry (ACCI), applied to the Fair Work Commission (FWC) for the inclusion of award flexibility provisions which up to then, were only available to businesses that had qualified  for the JobKeeper payment.

VACC together with ACCI (Australian Chamber of Commerce and Industry) have drafted a set of checklists and accompanying template letters to assist members with ensuring that any JobKeeper enabling direction / request given to an employee is compliant with the law and has effect.

Over the past three weeks VACC has been involved in negotiations, co-ordinated by the Australian Chamber of Commerce and Industry (ACCI) with the Australian Council of Trade Unions (ACTU), unions and other employer organisations to reach agreement on temporary amendments to the award.  The objective of the temporary amendments is to preserve the ongoing viability of businesses and their employees who are not entitled to JobKeeper.

The Queen’s Birthday, Monday, 8 June 2020, is a holiday throughout Victoria and Tasmania

The Coronavirus has affected both Australian visa holders and those who are waiting to be issued their Australian visas. 

Enrolments for the JobKeeper Payment open today, Monday 20 April using the via Business Portal using myGovID

Public holiday: Anzac Day – Saturday, 25 April 2020

JobKeeper Payment Employer Guide – Edition 3

The Government is making a number of changes to temporary visa holder arrangements during the coronavirus crisis in order to protect the health and livelihoods of Australians, support critical industries, and assist with the rapid recovery post the virus. 

Information has been provided to members about government grants and initiatives in previous VACC Covid-19 Updates including the VACC Industrial Relations: JobKeeper Payment - Quick Employer Guide (Edition 2).

On Saturday, 28 March 2020, the Fair Work Commission granted a variation to the Clerks Award that provides more flexibility to work at home, take leave and reduce hours.  The variation, sought by the Ai Group and ACCI with the support of the ASU, inserts Schedule 1 into the Award in response to the crisis generated by COVID-19.

VACC is working very closely in conjunction with the national employer association, the Australian Chamber of Commerce and Industry on various industrial relations and health and safety issues relating to Coronavirus.  A guide for employers on the JobKeeper subsidy package has been developed in order to assist members.  This is in direct response to the queries we have received from members since the announcement.

Trading Arrangements in Victoria and Tasmania - Easter and ANZAC Day 2020

VACC has been inundated with calls from members inquiring as to whether they can stand down staff due to the impact of current Coronavirus outbreak on their businesses.  After hearing that airlines and major employers stood down their workforce, there is general confusion across industries regarding the ability of businesses to stand down staff.  VACC sought legal advice from Legal counsel last week regarding standing down related issues.

The World Health Organisation has announced that Coronavirus (COVID-19) is now a declared pandemic.  The health and safety of all individuals including your staff, your own health and safety and that of your customers is paramount, and therefore we are hoping that the information that we will provide will give you the resources you need to deal with this pandemic and to help prevent the spread of coronavirus.

There is evidence that the Coronavirus (COVID-19) spreads from person to person, some reports suggest the virus can last for several days on surfaces including plastics found in vehicles. Good hygiene can prevent infection from coronavirus as well as the common cold and flu.
 

Members have been advised in VACC Updates that the Fair Work Commission, (Commission) has been reviewing all awards during a four-year review of the 122 modern awards. The review commenced in March 2014 and is now concluding.

The Whistleblower Laws took effect from 1 July 2019 and there was a requirement for companies covered by the legislation to have a policy in place before 1 January 2020, (Refer to August 2019 VACC Update).

Click here for VACC Whistleblower Policy Template

As part of the 4-yearly review of modern awards, a Full Bench of the Fair Work Commission (FWC) has finished its investigation of annualised wage/salary arrangements in a number of modern awards.  From 1 March 2020, certain Modern Awards will contain 1 of 4 new ‘Model Clauses’ which will expand an employer’s record-keeping, payment and reconciliation obligations with respect to employees who are paid an annual salary. These Model Clauses will replace the current annual salary provisions.

Where events such as bushfires, flooding or breakdown of machinery (due to circumstances beyond the control of an employer such an electrical breakdown) occur some businesses may be unable to operate as normal or may be closed due to the event. Some employees also affected by these events may not be able to attend work.

Australia Day is a public holiday on 26 January and is Australia's national day. However, if 26 January falls on a weekend then a public holiday will be observed on the following Monday. There are no restrictions on trading on this public holiday.

This year, VACC will close during the Christmas/New Year period from Monday, 23 December 2019 until Friday,
3 January 2020. This is traditionally a quiet time as many members have their annual close-down at this time.

To assist the department, it would be helpful if members submitted any requests for annual and long service leave calculations prior to 20 December 2019. 

As previously advised in October 2019, the Victorian Parliament passed legislation implementing labour hire licensing requirements.  As part of that legislation, the Labour Hire Licensing Authority has been set up to oversee and administer the compliance requirements of the Labour Hire Licensing Act 2018 which has introduced a licensing scheme for providers of labour hire across all industry sectors. The labour hire licensing scheme provided a six-month transition and it was intended that from 30 October 2019, labour hire providers were to be licenced.
 

On 26 November 2019, the Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 (the WSLA Bill) was passed by the Victorian Parliament.  The WSLA Bill will now be presented to the Governor for Royal Assent and is expected to come into effect on a day to be proclaimed or, at the latest, 1 July 2020.

We have advised members via earlier Bulletins that the Victorian Parliament passed legislation implementing labour hire licensing requirements in June 2018 and the Labour Hire Licensing Authority has been set up to oversee and administer the compliance requirements of the Labour Hire Licensing Act 2018.

We advised members last week via a Bulletin that the Victorian Parliament passed legislation implementing labour hire licensing requirements, in June 2018.  As part of that legislation, the Labour Hire Licensing Authority has been set up to oversee and administer the compliance requirements of the Labour Hire Licensing Act 2018.  The Act introduces a licensing scheme for providers of labour hire across all industry sectors.  The Labour Hire Licensing Authority can be accessed via home page.
 

As we advised members last year, the Victorian Parliament passed legislation implementing labour hire licensing requirements, in June 2018.  As part of that legislation, the Labour Hire Licensing Authority has been set up to oversee and administer the compliance requirements of the Labour Hire Licensing Act 2018.  The Act introduces a licensing scheme for providers of labour hire across all industry sectors.  The Labour Hire Licensing Authority can be accessed via home page

Members were notified on 30 May 2019 that a decision of the Fair Work Commission awarded a 3% wage increase to adult minimum award rates of pay, and wage guides were emailed to members on 19 June 2019. This means that from the first complete pay period commencing on or after 1 July 2019, the award minimum wage rates increased.  Employers should make sure they pay their employees at least the minimum rates.

On 30 May 2019, the Fair Work Commission awarded a 3 % increase to all minimum award rates of pay based on a 38-hour week.  The 2019 wage increase applies from the first full pay period commencing on or after 1 July 2019. The adjusted minimum rates of pay will be rounded to the nearest 10 cents.

 

Public Holidays - Victoria - Easter & ANZAC Day 2019

Members have previously been advised last year in August 2018 about the very important decision handed down by a Full Bench of the Federal Court of Australia in WorkPac Pty Ltd v Skene. The Full Bench ruled that an employee employed under an enterprise agreement as a casual (and employed on a regular and systematic basis over a period of 12 months) was entitled to annual leave, even though the employee received a casual loading.

 

Australia Day is a public holiday on 26 January and is Australia's national day.  If 26 January falls on a weekend, then a public holiday will be observed on the following Monday, which is Monday 28 January 2019.  There are no restrictions on trading on this public holiday.

New regulations have come into effect preventing casual employees from ‘double dipping’ and claiming permanent employee entitlements on top of their casual loadings.

On 11 December 2018, the Federal Government announced it was intending to create a regulation which would prevent employees who were employed as casuals from double dipping and claiming National Employment Standards (NES) leave entitlements.

The Parliament passed the Fair Work Amendment (Domestic and Family Violence Leave) Bill 2018 which will form part of the National Employment Standards (NES). Awards have already been amended to provide employees with the five unpaid days Family and Domestic Violence Leave effective from 1 August 2018.

This year, VACC will close during the Christmas/New Year period from Monday, 24 December 2018 until 2 January 2019. This is traditionally a quiet time as many members have their annual close-down at this time.

As part of the four-year review, the Fair Work Commission has finalised a model clause to be inserted in all modern awards dealing with requests for flexible work arrangements. The new obligations in the model work flexible work arrangements clause will allow certain employees to request a change in working arrangements based on their parental or caring responsibilities.  This clause will commence operating in all modern awards from 1 December 2018.

As advised in the August Update, the new Family and Domestic violence clause was finalised by the Fair Work Commission at the end of July 2018. An identical common clause has now been inserted in all modern awards.

The Full Bench of the Fair Work Commission has handed down important decisions as part of the four-year review of modern awards which have resulted in changes.     

The following public holidays apply to the Christmas/New Year period under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and Clerks - Private Sector Award 2010

The following public holidays apply to the Christmas/New Year period under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and Clerks - Private Sector Award 2010

On 26 August 2018 a Full Bench of the Federal Court in WorkPac Pty Limited v Skene [2018] FCAFC 131 handed down a very significant decision which has overturned the traditional view that an employee employed as a casual with a casual loading is in fact “a casual employee” and therefore not entitled to entitlements such as annual leave. The Company has decided not to seek leave to appeal the decision to the High Court.

Friday, 28 September 2018 will again be a public holiday across Victoria. There are no restrictions on trading on this public holiday.

On 1 August 2018, the Fair Work Ombudsman issued a ruling on award coverage for employees predominantly involved in car rental operations.

From 1 January 2010, employers and employees are covered by the National Employment Standards (NES).  The NES are made up of 10 minimum employment entitlements that have to be provided to all new employees.

New Wages Guides July 2018 available
Members were notified on 1 June 2018 that a decision of the Fair Work Commission awarded a 3.5% wage increase to adult minimum award rates of pay. This means that from the first complete pay period commencing on or after 1 July 2018, the award minimum wage rates will increase. Employers should make sure that that they pay their employees at least the minimum rates.

On 1 June 2018, the Fair Work Commission awarded a 3.5% increase to all minimum award rates of pay based on a 38 hour week.  The 2018 wage increase applies from the first full pay period commencing on or after 1 July 2018. The adjusted minimum rates of pay will be rounded to the nearest 10 cents.

 

Members were advised in the November 2017 VACC Update that a Bill was introduced to the Victorian Parliament that would change how long service leave operates for some Victorian Businesses.

The Victorian Parliament has now passed the Long Service Leave Bill (2018), which will introduce changes to existing long service leave (LSL) entitlements for Victorian employees. The Bill is awaiting royal assent and will commence on 1 November 2018.

Members were advised in the November 2017 VACC Update that a Bill was introduced to the Victorian Parliament that would change how long service leave operates for some Victorian Businesses.

The Victorian Parliament has now passed the Long Service Leave Bill (2018), which will introduce changes to existing long service leave (LSL) entitlements for Victorian employees. The Bill is awaiting royal assent and will commence on 1 November 2018.

Due to the recent flooding in Tasmania some businesses will be unable to operate as normal or may be closed due to water damage. Some employees also affected by the flooding may not be able to attend work.

Members are strongly advised to read this Bulletin and if they have any questions to contact TACC or the VACC Industrial Relations Department on 03 9829 1123.

Easter and Anzac Day Trading 2018

In February 2017, the Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017. The amending legislation will come into operation on 23 February 2018. The legislation strengthens the law regarding the distribution of personal information provided by clients and consumers. The legislation also covers personal information provided as online information including personal, credit card or other financial details.