Carol Louw from CCH reports on the latest court developments.
Relocate or lose the job?
An employee who resigned after being told she would have to move interstate, was awarded pro rata long-service leave on the grounds of domestic necessity.
The employee had worked in the Hobart office of the national business for seven years. The employer announced in April that she was closing the office by Christmas and moving the operations to the Gold Coast. The employee was offered a position there.
The employee's account was that her options were to move to the Gold Coast or become unemployed. She said she told the employer that she did not want to move to Queensland because of her partner and his two young children from a previous relationship. She said the employer made it clear that if she did not move she would be replaced.
The employer's version was that she told employees about the move in April. She told the commission that the employee's work performance was deficient in some respects. However, she did not want to lose her services, and thought she could supervise her better at the Gold Coast office.
In early July the employee gave one week's notice in accordance with the award. She had found another job in Hobart, although at lower pay. She sought payment of pro rata long service leave (payable after seven years' service in Tasmania in cases where there is a domestic or other pressing necessity).
The employee was relieved of the last week's work because the employer had her removed from the office.
The commissioner stated that the employee was entitled to protect her own future by seeking alternative employment.
The fact that the employee accepted alternative employment on less favourable terms underlined the genuineness of her fear about the impact on her of the move to Queensland.
The commissioner held that 'it is difficult to envisage circumstances whereby an offer of employment interstate would, if not accepted, deny a pro rata LSL entitlement on the grounds of domestic or other pressing necessity'.
Fair super laws for same-sex couples
Laws to end discrimination against same-sex couples in relation to superannuation have been introduced into federal parliament.
The Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Bill 2008 will eliminate same-sex discrimination in Commonwealth government (defined benefit) superannuation schemes and related tax legislation, and Acts that regulate the superannuation industry.
The purpose of the Bill is to remove discrimination against same-sex couples and the children of same-sex relationships in legislation that provides for reversionary superannuation benefits upon the death of a scheme member, and in related taxation treatment of superannuation benefits.
The Bill amends the Commonwealth civilian and military (defined benefit) superannuation schemes, the Parliamentary, judicial and statutory legal officer pension schemes and the Pension scheme for the governor-general.
Other Commonwealth superannuation schemes, such as the Military superannuation and benefits scheme and the Public sector superannuation scheme, will have to be amended by delegated legislation.
Superannuation legislation generally refers to a 'spouse', which currently excludes same-sex partners. While same-sex partners may be able to access some superannuation concessions as 'dependants', or example, concessional treatment of death benefits, the amendments in this Bill will ensure equal treatment of same-sex couples and their children with respect to these concessions.
Comcare's new code of practice
Comcare's comprehensive newcode of practice, The Occupational Health and Safety Code of Practice 2008 took effect on 12 June. It is set out in parts covering: risk management; first aid; noise; manual tasks (still under development); vibration; human immunodeficiency virus and hepatitis B and C; confined spaces; indoor air quality; safety in laboratories; asbestos in situ (under development); storage and handling of dangerous goods; hazardous substances; synthetic mineral fibres; vinyl chloride; carcinogenic substances; timber preservatives; inorganic lead; ethylene oxide; ultraviolet radiation in sunlight; occupational diving; spray painting; abrasive blasting; construction induction training (under development); falls in construction (under development); cash in transit.
Australian prime minister Kevin Rudd and minister for employment and workplace relations Julia Gillard released the new national employment standards (NESs) on 16 June.
The NESs, which will come into effect on 1 January 2010, will apply to all employees in the federal system regardless of industry, occupation or income.
The NESs cover:
maximum weekly hours of work
request for flexible working arrangements
annual leave
parental leave and related entitlements
personal / carer's leave and compassionate leave
community-service leave
long-service leave
public holidays
notice of termination and redundancy pay
fair work information statement
The government has issued a revised award modernisation request to the Australian Industrial Relations Commission (AIRC). The request has been made to reflect the final version of the NESs. It provides guidance on how the NESs and modern awards are to interact. It also directs the commission to create a modern award to cover employees who are not covered by another modern award and who perform work of a similar nature to that which has historically been regulated by awards.
Legislation giving effect to the NESs will be introduced into parliament later this year.
On 9 June 2008, the Western Australian Industrial Relations Commission (WAIRC) announced that the state's minimum wage would increase from $528.40 per week to $557.40 per week. This increase will also be received by workers paid at state award rates of pay.
The $29 pay rise will take effect from 1 July 2008. The WA government had recommended a $29.00 increase in its submission to the WAIRC in May.
