australian car wash association national conference … g lilleyman essa monday.pdf · vehicle...
TRANSCRIPT
Australian Car Wash AssociationAustralian Car Wash Association
National ConferenceNational Conference-- Gold CoastGold Coast
Why is it Important to Understand your Why is it Important to Understand your
ObligationsObligations-- The Fair Work OmbudsmanThe Fair Work Ombudsman
� Federal government’s enforcement agency
� Substantial penalties and extensive audit programme
� Petrol station company and owner fined $241,00.00 for underpaying staff $41,000.00
� Sydney car wash prosecuted for underpaying 62 foreign students $95,680.00
� Industry audits in 2010 found that 43% of car wash business were not compliant
� Director and managers can be prosecuted
� Average prosecution penalty in last 12 months-$50,000.00
Who Do The Laws Apply ToWho Do The Laws Apply To
Western Australia-
� All trading and financial corporations- usually Ltd and Pty Ltd companies or Trusts with a corporate trustee are covered by federal law
� Sole traders, partnerships and trust with an individual as the trustee are covered by State law.
In other States & Territories-
� All employers are covered by federal law
What Industrial Instrument Covers What Industrial Instrument Covers
Your BusinessYour Business
Federal Law
� The Fair Work Act 2009
� Vehicle Manufacturing, Repair, Services and Retail
Award 2010 (including transitional arrangements)
State Law- Some Western Australian businesses
� Motor Vehicle (Service Station, Sales Establishments,
Rust Prevention and Paint Protection) Industry Award
(maybe)
� Minimum Conditions of Employment Act 1993
Vehicle Manufacturing, Repair, Vehicle Manufacturing, Repair,
Services and Retail Award 2010Services and Retail Award 2010
� The Award is legally binding upon car wash businesses
� Can not contract out of entitlements provided by the
award except through a registered enterprise
agreement
� Covers driveway attendants, console operators and car
cleaners and detailers
� Provides base rates of pay, weekend and evening
penalty rates and allowances
Vehicle Manufacturing, Repair, Vehicle Manufacturing, Repair,
Services and Retail Award 2010Services and Retail Award 2010
� There are transitional arrangements for certain
employment entitlements between the awards that
applied prior to 1 January 2010 and the current award.
� The actual rates of pay that must be paid are impacted
by
- The State in which the business is located
- The date of incorporation of the business
- Whether the business is a start up or was it
purchased from another business
Avoiding Unfair Dismissal ClaimsAvoiding Unfair Dismissal Claims
National System Employers
� Employers with less than 15 employees on a head count basis are exempt from unfair dismissal laws for a period of 12 months fromthe starting date for each employee
� Employers with 15 or more employees on a head count basis are exempt from unfair dismissal laws for a period of 6 months from the starting date for each employee
� After these exemption periods the general unfair dismissal protections apply
State System Employers (Some employers in Western Australia only)
� No exemption periods apply
Further InformationFurther InformationFurther InformationFurther InformationFurther InformationFurther InformationFurther InformationFurther Information
Australian Car Wash Association Industrial Relations
Hotline
08 9240 4230 or 0402 462 555
or
(Free to members of ACWA)***
*** subject to contractual limitations