As members have been advised previously, the four year review of all modern awards, as conducted by the Fair Work Commission, is nearing completion and final drafts on the Vehicle Award and the Clerks Award have now been issued.
Members are encouraged to access a copy of the reviewed awards which are now on the MTA’s website, including ‘Comparison’ documents prepared by the Workplace Relations Department of the MTA to assist members. You can access the documents by clicking the links below:
These ‘Comparison’ documents identify the changes in the general format of the awards, the changes in the numbering of clauses from the existing award to the reviewed award, and also changes in content.
The operative date of implementation of reviewed awards are:
4 May 2020 - in relation to the Vehicle Repair Services and Retail Award 2020
13 April 2020 - in relation to the Clerks – Private Sector Award 2020.
Finalised awards and revised Wage Schedules will also be available to members at the appropriate time. Please note that there are no changes in award wage rates from this award review process. Minimum award wage rates are reviewed yearly in the Annual Wage Review process.
The MTA intends to schedule two, 1 hour ‘Briefing Sessions’ at 81 Greenhill Road, Wayville, covering the main changes in both awards. The two, 1 hour briefing sessions are scheduled for Wednesday 25 March 2020 from 10am to 11am and from 2pm to 3pm.
Members who wish to attend the above briefing sessions are requested to register their interest by clicking here or contacting the MTA Workplace Relations Department identifying which session they wish to attend. There is no cost involved in these briefing sessions.
Members in regional areas will also be provided with similar updates during the various Zone meetings held in those locations.
A brief summary of some of the major changes in both awards are set out below:
Vehicle Repair Services and Retail Award 2020
- Members should note that the title of the award will change to cover only the Repair, Services and Retail sectors of the industry, with the date also being amended to ‘2020’. The ‘manufacturing’ section (Section 2) in the current award has been removed and relocated to the Manufacturing and Associated Industries and Occupations Award.
- Those members who predominantly perform work covered under this Section will be required to follow the Manufacturing Award in the future. Members affected by this change can continue to rely on the MTA for assistance and advice under the Manufacturing Award and should contact the MTA to discuss this further.
- Members who predominantly perform work in the Repair, Services or Retail sectors of the industry but also perform some ancillary work in ‘manufacturing’, will continue to be covered under the Vehicle Award.
- There are also important changes to the remuneration provisions for Vehicle Salespersons in the reviewed award.
- Under the changes approved by the FWC, vehicle salespersons would be entitled to be paid for all hours worked at the award rate – ie. Level 6 @ $22.70 per hour or Level 4 @$21.54 ( if less than 6 months experience) - and commission payments can be used to compensate an employee for hours worked in excess of 38 ordinary hours in a week.
- An employer will need to, at least every 3 months, conduct an assessment or reconciliation process to ensure that such employees are paid for all hours worked and to make any additional payments , if necessary.
- A maximum of 10 ordinary hours will apply for permanent employees. Shifts in excess of 10 hours can continue to apply, subject to certain criteria being met. The 10 hour maximum will also apply to casual employees.
- Existing exclusion on Console operators working up to 6 hours without a meal break – is removed.
Clerks Private Sector Award 2020
- A major change in the reviewed Clerks Award includes the more stringent terms that will apply in implementing annualised salary (amended to annualised wages) provisions of the Award. As members were recently advised, there will be more onerous obligations on employers in relation to the calculation and documentation of such arrangements - which will be operative from 1 March 2020.
- Members seeking information and advice on these provisions should contact the MTA Workplace Relations Department.
- Redrafting and clarification of the ordinary hours of work provisions where a decision is made to implement the ordinary hours provisions of a different award applying to the majority of employees in the workplace, instead of the relevant provisions of the Clerks Award.
- A new clause – Facilitative provisions – is included which identifies where individual or majority agreement can be reached with an employer on how particular provisions will apply in the workplace.
- In addition to the above, both awards have been updated to include a number of standardised clauses in respect to Termination of employment, Leave to deal with Family and Domestic Violence; Excessive annual leave accruals; Cashing out annual leave; etc.
Members wishing to discuss any of the above issues further can contact the MTA's Workplace Relations team by clicking here or by calling 8291 2000.