Being IR Fit in 2019 NSW INDUSTRIAL RELATIONS
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Being IR Fit in 2019 NSW INDUSTRIAL RELATIONS
SESSION OVERVIEW
MORE KNOWLEDGE AND UNDERSTANDING
▪ Long Service Leave
▪ Changes to our website
▪ New for 2019
▪ Casual employment
▪ Family and Domestic Violence Leave
▪ Family Friendly Work Arrangements
▪ Payment on termination of employment
▪ Public Holidays
▪ Wages, Records and Payslips
NSW Treasury 2LONG SERVICE LEAVE
DO YOU HAVE ANY EMPLOYEES ENTITLED TO LONG SERVICE LEAVE?
▪ Long Service Leave Act 1955 applies to most employees within NSW, regardless if they
are classified as Fulltime, Part time or Casual.
▪ Entitlement is 2 months at 10 years of continuous service and a further entitlement of 1
month 4.33 weeks after each additional 5 years.
▪ To be taken;
• As soon as practical once it becomes available, subject to needs of the business or
postponed to another mutually convenient date.
• In one continuous period or if agreed in two, three or four separate periods depending
on the amount of leave available.
• As leave or paid on termination of employment.
▪ Pro-rata payment for certain circumstances.
NSW Treasury 3LONG SERVICE LEAVE Act 1955
CONTINUOUS SERVICE ENTITLEMENT
PRO-RATA
0-5 NO 5-10 10 8.67 WEEKS
15 4.33 WEEKS
ENTITLEMENT CONDITIONS
YEARS YEARS APPLY YEARS YEARS
NSW TreasuryOUR NEW LOOK WEBSITE
www.industrialrelations.nsw.gov.au
NEW
▪ Call us on 13 16 28
▪ FAQ’s assisting with answers
▪ Easy way to lodge a complaint by using our on-
line application form
NSW Treasury 5
▪ Our new look calculatorGET FIT IN 2019
WHATS YOUR PLAN
▪ Get organised by understanding ▪ Find out staff intentions for proposed leave
employee entitlements. to help with future workforce planning.
▪ Implementing a process procedure for
▪ Ensure accurate, detailed and up to date applying for leave.
records are kept.
▪ Take time to check out our website and get
▪ Train your management team on how to more information on the LSL Act and dates
process approval of applications for and locations for Best Practice Long
leave and how entitlements can be Service Leave workshops being planned in
taken. your area;
www.industrialrelations.nsw.gov.au
NSW Treasury 6BEING FIT IN
KEEPING UPDATED
2019
7New for 2019
UPDATES TO AWARDS
Casual Employment
▪ Awards provide a casual conversion provision to full time or part time.
▪ A copy of these provisions must be supplied to a casual within 12 months of engagement.
▪ Existing casuals as at 1 Oct 18 to be provided with a copy of the clause by 1 January 2019.
Family Friendly Work Arrangements
▪ Employee may request change in working arrangements.
▪ Applies where an employee has made a request under s.65 of the National Employment
Standards (NES) of the Fair Work Act, the Right to Request Flexible Work Arrangements.
▪ Any request and response should be in writing.
NSW Treasury 8Updates and Changes
UPDATES TO AWARDS
Leave to Deal with Family and Domestic Violence
▪ Effective 1 December 2018.
▪ An employee is entitled to 5 days’ unpaid leave as follows:
• the leave is available in full at the start of each 12 month period of the employee’s
employment.
• the leave does not accumulate from year to year.
• is available in full to full-time, part-time and casual employees.
NSW Treasury 9Updates and Changes
UPDATES TO AWARDS
Leave to Deal with Family and Domestic Violence
▪ Employer and employee may agree that the employee may take more than 5 days’ unpaid leave
▪ Does not count as service but does not break the employee’s continuity of service
▪ Subject to confidentiality in handling information relating to the leave
▪ Defines coverage to family members including person related to the employee according to Aboriginal
or Torres Strait Islander kinship rules
NSW ABORIGINAL COMMUNITY ENGAGEMENT UNIT
• helps our Indigenous communities with information in your workplace
• Subscribe to the ACE newsletter Two Rivers
• Book an appointment by calling on 1300 361 968 or (02) 9228 5985, or
• aceu@industrialrelations.nsw.gov.au
NSW Treasury 10Updates and Changes
UPDATES TO AWARDS
Payment on Termination of Employment
▪ Effective 1 November 2018.
▪ Employer must pay an employee no later than 7 days after the day on which the
employee’s employment terminates:
• Wages under the award for any complete or incomplete pay period up to the end of
the day of termination; and
• All other amounts that are due.
▪ Long service leave laws or entitlements, may require an employer to pay an employee on
the day on which the employee’s employment terminates or shortly after.
NSW Treasury 11GET FIT IN 2019
WHAT'S YOUR PLAN
▪ Get access to a copy of your award and ▪ Find out what are the IR implications of
model clauses. any unreasonable refusal to access
entitlements.
▪ Ensure all staff are aware of new and ▪ Implementing a standard practice, that
existing entitlements and any remind employees of business
documentation required is given. expectations around submitting
applications for flexible work applications
▪ Train your management team to be including accessing and taking of leave.
aware of any changes and review how
the business is going implement any ▪ Take time to understanding any
obligations. additional support for staff that maybe
required.
NSW Treasury 12BEING FIT IN
PUBLIC
HOLIDAYS IN 2019
13NSW PUBLIC HOLIDAY
PUBLIC HOLIDAYS Act 2010
▪ Gazetted Public Holidays for NSW under the Public Holidays Act 2010 including state
wide and regional (local) and event days.
▪ Employees have a right to be absent from work on a day or part day that is a public
holiday.
▪ Where Australia Day (26 January) falls on a Saturday or Sunday, there will be no public
holiday on that day as the following Monday will be declared a public holiday.
▪ Where New Year's Day, Christmas Day or Boxing Day falls on a weekend (Sat, Sun) that
day will be a public holiday plus an additional day will be gazetted.
NSW Treasury 14NSW PUBLIC HOLIDAY
PUBLIC HOLIDAYS Act 2010
Public Holiday 2019 2020
New Year's Day Tuesday, 1 January Wednesday, 1 January
Australia Day Monday, 28 January Monday, 27 January
Good Friday Friday, 19 April Friday, 10 April
Easter Saturday - the Saturday following Good Friday Saturday, 20 April Saturday, 11 April
Easter Sunday Sunday, 21 April Sunday, 12 April
Easter Monday Monday, 22 April Monday, 13 April
Anzac Day Thursday, 25 April Saturday, 25 April
Queen's Birthday Monday, 10 June Monday, 8 June
Bank Holiday Monday, 5 August Monday, 3 August
Labour Day Monday, 7 October Monday, 5 October
Christmas Day public holiday Wednesday, 25 December Friday, 25 December
Boxing Day Thursday, 26 December Saturday, 26 December
*Additional day gazetted for BD Monday, 28 December
NSW Treasury 15NSW PUBLIC HOLIDAY
LOCAL PUBLIC HOLIDAYS IN NSW
▪ Local public holidays declared after 31 December 2011 are now made under the Public
Holidays Act by ministerial order and published on the NSW legislation website
Includes locations such as:
▪ Walcha Cup, Kangaroo Valley Show, Albury Gold Cup, Muswellbrook Cup, Maclean Show,
Scone Cup, Yeoval Show, Nyngan Show, Coonamble Annual Show, Ramornie Race Day,
Grafton Cup Day, Coffs Harbour Gold Cup, Trundle Show, Peak Hill Show, Parkes Show,
West Wyalong Show, Lismore Cup Day and Jacaranda Festival
▪ Refer to our website for more details.
NSW Treasury 16NSW PUBLIC HOLIDAY
LOCAL EVENT DAYS IN NSW
▪ At the request of the council of a local government area the Minister can declare a specified
day or part-day to be a local event day in the local government area or in a specified part of the
local government area
Date Locality Event
Friday, 1 March 2019 Newcastle City Council area Newcastle Show
Friday, 1 March 2019 Lake Macquarie City Council area Newcastle Show
Thursday, 5 September 2019 Ballina Shire Council area Ballina Cup
▪ Local event day must be published on the NSW legislation website at least 7 days before the
local event day, usually a day of special significance to the community in the area concerned
▪ Declaration of a local event day does not make the local event day a public holiday for
work purposes (ie; Newcastle Show)
NSW Treasury 17GET FIT IN 2019
WHAT'S YOUR PLAN
▪ Get to know what public holiday’s may ▪ Find out what are the IR implications of
effect your business normal working staff working on a Public Holiday i.e.
days. check the modern award for loading or
penalty and NES provisions
▪ Ensure you have a leave calendar or a
staff log of available staff. ▪ Implementing a standard practice, that
remind employees of business
▪ Train and educate your management expectations around Public Holidays.
team on public holidays.
▪ Take time to understanding what
additional staffing needs maybe required.
NSW Treasury 18BEING FIT WITH
WAGES, RECORDS
AND PAYSLIPS
19EMPLOYMENT RECORDS
EMPLOYERS ARE REQUIRED TO MAKE AND KEEP RECORDS
▪ In a form that is readily accessible to appropriately authorised persons.
▪ Legible form and in English.
▪ Be kept for 7 years and not be altered unless correcting an error.
▪ Not be false or misleading.
▪ Must be made available to current and former employees on request.
NSW Treasury 20RECORDS
WHAT YOU NEED TO KEEP AND HOW YOU NEED TO KEEP THEM
HOURS OF WORK RECORDS PAY RECORDS
▪ Record of hours worked by employee if ▪ Rate of pay paid to the employee
casual or irregular part-time
▪ Gross and net amounts and any
▪ Record of overtime hours worked or deductions from the gross amount
when employee started and finished
overtime ▪ Details of any incentive based payment,
bonus, loading, penalty rate, or other
▪ Any agreement to average hours monetary allowance or separately
identifiable entitlement paid
NSW Treasury 21RECORDS
WHAT YOU NEED TO KEEP AND HOW YOU NEED TO KEEP THEM
LEAVE RECORDS TERMINATION RECORDS
▪ Leave taken and balance remaining ▪ Was termination by consent, by notice,
summarily or other
▪ Any agreement to cash out leave see
Award ▪ Name of the person who initiated
termination
SUPERANNUATION CONTRIBUTION RECORDS amount of contributions made and the
dates and The period over which the contributions were made and the name of the fund
NSW Treasury 22PAY SLIPS S536 & REGS
TO BE ISSUED WITHIN ONE WORKING DAY OF PAY DAY AND IS TO INCLUDE
▪ Employer’s name legal entity and employee’s name including ABN
▪ Date of payment including pay period e.g. 22/1/19 to 28/1/19
▪ If paid an hourly rate – the number of hours, hourly rate of pay and the amount at that rate
▪ If paid an annual rate – the rate to which the payment relates
▪ Superannuation contributions – amount and fund
▪ Any deductions including name and/or number, fund or account
▪ All components of pay – e.g. loadings, allowances, bonuses, incentive-based payments,
penalty rates
▪ Gross and net amount of pay
NSW Treasury 23GET FIT IN 2019
WHAT'S YOUR PLAN
▪ Get started with checking your current ▪ Fairwork.gov.au have templates that help
records are complete and up to date; manage record-keeping obligations.
which may be used as evidence in
matters of dispute. ▪ Identifying payroll mistakes early and if
showing leave accruals on payslips
▪ Examine a sample of your payslips for ensure amounts are correct.
accuracy on a regular basis.
▪ Taking the time to adopt best practice
▪ Timesheets should have starting and helps avoid fines for doing the wrong
ceasing times including breaks and be thing.
true and correct.
NSW Treasury 24USEFUL CONTACTS
DETAILS
Fair Work Commission
▪ Modern Awards, Fair Work Act 2009, Enterprise Agreements & Unfair Dismissals
www.fwc.gov.au
Fair Work Ombudsman - 13 13 94
▪ Fact Sheets, templates, pay tools and other resources for employers
www.fairwork.gov.au
Long Service Corporation - 131 441
▪ Portable Long Service Leave scheme for the Building and Construction industry and the Contract Cleaning Industry
SafeWork NSW - 131050
www.safework.nsw.gov.au
Anti Discrimination Board of NSW - (02) 9268 5544
www.antidiscrimnation.justice.nsw.gov.au
NSW Treasury 25DISCLAIMER
NSW Industrial Relations
It is important to note that this material has been prepared for educational purposes to encourage active
participation and debate, and not for the purposes of providing legal advice.
NSW Industrial Relations, provides no warranty of accuracy, reliability or completeness regarding the
information contained in the material, and accepts no responsibility for the information containing any errors
or omissions, or for any loss or damage resulting from reliance (in whole or part) on that information.
NSW Industrial Relations recommends that this material be read in conjunction with an authorised copy of
the relevant legislation and that no action should be taken on the basis of the information contained in the
material without first obtaining independent advice from suitable advisors.
Copyright
This work is copyright. Apart from any use under the Copyright Act 1968, no part may be reproduced by any
person/s without written permission from NSW Industrial Relations.
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