TTIA GENERAL CIRCULAR
NO. 5/2015
To:All Members
From:Brian Beecroft,
Chief Executive Officer
Date:9 September 2015
CONTENTS:
- Accident make up pay
- Workers Compensation Reform Package
- Time frame for unfair dismissal applications
- FREE Illegal logging laws sessions
- CALTEX FUEL DISCOUNT SCHEME
The information presented in this circular was developed from sources believed to be reliable. In the context of the absolute responsibilities owed by employers to ensure a safe place of work, it should not be assumed that all reliable measures to eliminate or mitigate risk have been canvassed in this presentation. Prevailing applicable legislation, Australian Standards, Codes of Practice, manufacturers’ requirements etc should all be taken into account in the OHS risk management decision-making process. TTIA, its employees and agents shall not be liable for any loss or damage incurred as a result of any reliance on the information presented.
1. FWC Review/Accident Pay and Annual Leave Variations
On Tuesday, 18 August 2015, the Fair Work Commission (FWC) handed down a decision in which it approved trade union claims to include accident pay in 21 modern awards. The Timber Industry Award 2010 and the Joinery and Building Trades Award 2010 are affected by this decision.
The decision by the FWC is disappointing for TTIA and many employers in the industry. It not only reinstates accident pay in a number of modern awards where the earlier transitional accident pay had ended in December 2014, but, for many employers, it introduces accident pay provisions where such obligations did not previously apply. The decision is also disappointing as it rejected employer arguments that the new award accident pay provisions will operate in opposition to the ‘step down’ in pay arrangements in State and Commonwealth workers compensation schemes designed to encourage employees to return to work
For employers covered by the modern awards affected by the decision, it means they will soon be required to ‘make up’ the difference in pay between the compensation received by a worker whilst on workers compensation and their modern award wage for the period of compensation up to between 26 and 52 weeks, depending on the particular award. The precise details of the claims are expected shortly with the commencement date to be 15 October 2015. Once the details of the variation are known, TTIA will supply further information to Members.
The review also resulted in variations to annual leave provisions in a number of modern awards (including the Timber Award). The changes will result in the introduction of a new provision allowing cashing out of annual leave in addition to dealing with other matters relating to excessive annual leave, annual closedowns, granting annual leave in advance and EFT and paid annual leave.
TTIA will inform Members when the above changes are to take place.
2. NSW WORKERS COMPENSATION CHANGES
The Workers Compensation Amendment Bill 2015 and the State Insurance and Care Governance Bill 2015 have been passed by NSW Parliament and assented on 21 August 2015.
The reform package includes:
1)New Organisations
The dismantling of WorkCover and the introduction of SafeWork NSW who will regulate workplace health and safety.
State Insurance Regulatory Authority will assume WorkCover NSW’s regulation of workers compensation insurance.
2)Increase benefits for injured workers
Increased death benefit lump sum from $524,000 to up to $750,000.
Maximum for funeral expenses increased from $9,000 to $15,000.
Increased amount of lump sum compensation for workers with permanent impairment of more than 10% (15% for psychological injuries).
Weekly payments for up to 12 months after reaching retirement age.
Lifetime medical expenses for workers with permanent impairment greater than 20%.
Lifelong access to artificial aids, home and vehicle modifications.
- Time frame for unfair dismissal
APPLICATIONS
We are regularly asked about the time limits for eligible employees to commence an unfair dismissal application after they are dismissed and what happens if an application is lodged late.
What is the standard time limit?
The Fair Work Act 2009 (Cth) (FW Act) provides that an unfair dismissal application must be made within 21 days after the dismissal takes effect.
When will the Fair Work Commission extend the time limit?
The FW Act only allows the Commission to extend the 21 day time limit for filing an unfair dismissal application if it is satisfied that there are exceptional circumstances, taking into account:
- the reason for the delay;
- whether the person became aware of the dismissal after it had taken effect;
- any action taken by the person to dispute the dismissal;
- prejudice to the employer;
- the merits of the application;
- fairness as between the person and other persons in a similar position.
Some examples of when the Commission has agreed to extend the 21 day time limit include when a representative (e.g. a lawyer or trade union) has made an error in filing the material late or when the person was affected by an illness for the duration of the 21 days. Employees need to provide a credible reason for the whole of the period that the application was delayed.
What happens if an application is filed out of time?
If an unfair dismissal application is filed out of time and the Fair Work Commission refuses to extend the time limit, the application is invalid and will be dismissed by the presiding member of the Commission. The TTIA recently managed an out of time application and was successful in an application to have the matter dismissed.
Does the day of the dismissal count as part of the 21 days?
The answer to this is no. The first day of the 21 day period commences on the day after the dismissal took effect. Accordingly, an employee who was dismissed on 1 January 2015 would have until 22 January 2015 to lodge a valid unfair dismissal application.
What happens if the 21st day falls on a weekend or public holiday?
If the final day of the 21 day period falls on a weekend or a national public holiday then the timeframe for filing an unfair dismissal application is extended until the next business day.
Importantly, this rule only applies when the final day for lodgement falls on a weekend or public holiday. Weekends and public holidays during the 21 day period will still count.
What to do if you receive an unfair dismissal application?
The TTIA’s Industrial Officer has managed over 60 unfair dismissal applications on behalf of its Members in the last 4 years. If you are served with an unfair dismissal application we recommend you contact the TTIA’s Industrial Enquiry line on 02 9264 0011 immediately for assistance.
- FREE Illegal logging laws sessions
Throughout September 2015, officers from the Department of Agriculture's Targeting and Enforcement and Forestry branches will be visiting key capital cities to hold free information sessions on Australia's illegal logging laws. The sessions will be held as part of the Department's Biosecurity Information Sessions.
The illegal logging sessions will be valuable to any businesses who import wood, paper or pulp products into Australia.
The sessions will provide an overview of the first year of operation of the illegal logging due diligence requirements, with a focus on key developments, emerging issues and future approaches. They will also provide a review of the first six months of compliance assessments, including common areas of non-compliance and potential solutions.
For further information and how to register please see attached.
- CALTEX FUEL DISCOUNT SCHEME
TTIA Members are once again reminded of the substantial savings available via the Caltex Fuel Discount scheme.
The partnership with Caltex is part of a TTIA commitment to offer a number of additional Member benefits in addition to the core industrial relations and occupational health and safety services traditionally offered by the Association. Our aim is to continue to increase the value of your existing membership.
The discount is 5 cents for diesel at National Truck Network (NTN) sites, other Caltex sites 3 cents per litre and unleaded fuel 3 cents per litre and can be accessed by following the steps below:
If you already have an existing account with Caltex, please inform Judith by email (or on 02 9264 0011) of your account number. Your account will be automatically linked to the new structure. All your existing details will remain the same - you will need to do nothing further.
New accounts to Caltex - you will need to apply on-line (the link is shown below). During the application process, there will be an AFFILIATIONS field. You must nominate Timber Trade Association from the drop box. It isCRITICAL that you complete this field, otherwise you will not be linked to our account and therefore not receive the negotiated rebates.
If you have any queries with regards to this service, please call the TTIA Office on (02) 9264 0011.