Having trouble reading this newsletter? Click here to see it in your browser.
You are receiving this newsletter as an MTA ACT Member or Associate. Click here to unsubscribe.

MTA-ACT E-News
Journal of the Motor Trades Association of Australian Capital Territory 

Welcome to the June 2007 issue.

mecu only 8.49% pa

In this Issue

NRMA BY ANY OTHER NAME WOULD......
ENGAGING ILLEGAL WORKERS
MTAA SUPER - Mr Graham Millar - Business Development Manager
EMPLOYMENT RELATIONS UPDATE
ISS FACILITY SERVICES


In Other News

MTA GOLF DAY

A date for the diary -

Thursday 15 November 2007

Gold Creek Country Club

More information closer to the date

 

$$ For Sale $$

Business for sale? Send your details to helen.jones@mtaact.com.au to feature in our next issue.

New Members

The MTA ACT would like to extend a warm welcome to all of our new members since the last issue of our journal.

Commonwealth Bank

ARE YOU GETTING
0.67%
ON YOUR EFTPOS?

Special EFTPOS Offer for MTA Members

MTA.ACT and Commonwealth Bank are pleased to make an exclusive offer to MTA.ACT members for their EFTPOS merchant fees of 0.67% on credit card transactions, $0.12 on debit cards.

MTA has entered into an arrangement with the Commonwealth Bank to provide members with an exclusive member only deal for their credit card merchant fees.

To take advantage of this deal, please call Helen on 02 6241 6266

Helen Jones

Note: You do not have to be a Commonwealth Bank customer to take up this offer.

 

Criticism should always leave people with the feeling that they have been helped.

Blessed are the young for they shall inherit the national debt.

SPONSORS LINKS

Mecu 

MTAA Super

 

Gallop 



NRMA BY ANY OTHER NAME WOULD......

When it comes to discussing anything to do with the NRMA Insurance's regular attacks on the collision repair industry Motor Equipment News loves drawing on theatrical analogy, especially pantomine which we feel is particularly appropriate when referring to anything to do with IAG.

Now it looks like the insurers namesake, NRMA Motoring & Services is getting in on the act by expanding its business operations to "provide motorists with a  new choice in car servicing".

All of which, at the risk of being a bit obscure, leads us to "Romeo and Juliet" (Act 2 scene 2) and: What's in a name?  That which we call a rose by any other name would smell as sweat.

Or put more simply:  Do we smell a rat?

Is the road service taking a leaf out of its big brother's book of fairy tales and looking to move in an take money out of the service and repair sector in the same way that IAG continually seeks to do to the collision repair industry.

NRMA MotorServe, which opened recently in the Sydney suburb of Seven Hills, is the first of three car service centres with others to follow at Liverpool and Tuggeranong in the ACT.

Like most 'independent' repairers, NRMA MotorServe is offering general car servicing and preventative maintenance, including batteries, brakes, suspension, wheel and exhaust services.  But perhaps it's the words of NRMA president Alan Evans that are so NRMA/IAG-ish.

"People have told us they want good, honest car servicing without any hidden costs and that is what NRMA MotorServe will Deliver," Mr Evans said.  Which could be interpreted as:  "Current operators are not that good, not that honest and dud their  customers through a maze of hidden costs".

Evans goes on to expalin that the Seven Hills centre will have 12 'experienced' mechanics and the 'latest equipment'.  Wow!

Every service includes a 15-minute condition check to assess the status of the vehicle and the customer is then immediately informed of any work required, the timing and cost.  (Now there's something noone else have thought of!!!!!!!!)

One good thing is that any customer requiring major or specialist repairs is to be referred to a local NRMA approved repairer, where he or she should have been in the first place.  NRMA products and services including membership, maps, guides, safety advice and special publications are also available at the centre.

NRMA MotorServe is open to all motorists with incentives for NRMA members to save $15 on the price of their next, NRMA membershiprenewal each time they have their car services.

Ah!  Is this a 'hidden' cost I see before me?

Of course not!  its just the Bard strutting his stuff.

article courtesy Motor Equipment News

 

ENGAGING ILLEGAL WORKERS

Tough new penalties for engaging illegal workers

From 19 August 2007, it will be a criminal offence to knowingly or recklessly allow an illegal worker to work, or to refer an illegal worker for work.

Illegal workers are non-Australian citizens working in Australia without a visa or with a visa that does not allow them to perform the work they are doing.

People convicted of these offences face fines of up to $13 200 and two years’ imprisonment, while companies face fines of up to $66 000 per illegal worker.

This is, therefore, a very important issue for many Australian employers, labour hire companies and employment agencies.

The safest way to avoid committing an offence is to check the work rights of all new workers.

How to check work rights
The quickest and easiest way to check a prospective employee’s work rights is to use the Entitlement Verification Online (EVO) service.

This free, internet-based system means an organisation can check the work rights of a visa holder online. EVO information is always current and is available 24 hours a day, seven days a week. To register for EVO, visit www.immi.gov.au/evo and follow the online instructions.

Employers who do not have Internet access can check work rights through the work rights faxback facility. To use the faxback facility, an employer must complete an Authority to Obtain Details of Work Rights Status form and fax it to 1800 505 550. The form is available on the department’s website or by phoning the employers’ work rights information line on 1800 040 070.

To find out more about the new legislation, EVO or the faxback facility, visit the department’s website at www.immi.gov.au/employer-obligations or call the employers’ work rights information line on 1800 040 070.

This information line operates between 8:30 am and 4:30 pm, Monday to Friday, and is a free call.

MTAA SUPER - Mr Graham Millar - Business Development Manager MTAA SUPER - Mr Graham Millar - Business Development Manager

Mr Graham Millar

Telephone: 02 9213 4237 Facsimile: 02 9212 6889

Mobile: 0419 410 436 Email: grahamm@mtaa.com.au

Website: www.mtaasuper.com.au

 

EMPLOYMENT RELATIONS UPDATE

New Fairness Test for workplace agreements under WorkChoices

On 4 May 2007 the Federal Government made significant changes to the agreement making provisions under the WorkChoices legislation, with the introduction of a new Fairness Test that must be met by most collective agreements and AWA's.  The changes will go before Parliament in June, but the government has indicated that the changes will apply to all agreements made on and from 7 May 2007.

Fairness Test

The new Fairness Test means that employees must be compensated where their workplace agreement excludes or amends one or more of the "protected award conditions".

The protected award conditions are:

  • penalty rates, including for working on public holidays and weekends;
  • shift and overtime loadings;
  • monetary allowances;
  • annual leave loadings;
  • public holidays;
  • rest breaks; and
  • incentive-based paymentss and loadings.

How does it apply?

The Fairness Test applies to:

  • all AWA's covering employees being paid less than $75,000 per annum; and
  • all collective agreements where the employees would otherwise be covered by an award.

It applies on and from Monday, 7 May 2007.  Agreements lodged prior to this change are not affected and will not be required to meet the test.

Lodged agreements

Workplace agreements are still lodged in the same way and apply on and from the date of lodgement.  The main change is that the agreement has to meet the 'fairness test', and this will be assessed by the Workplace Authority (new name for the Office of Employment Advocate).  The announcement indicates that this process will be similar to the pre-WorkChoices no disadvantage test.  However, until we see the legislation it is unclear what the time frame is for this process.

A pre-lodgement assessment of a proposed workplace agreement will be available through Workplace Authority if members feel uncertain about compliance with the test.  If members are using MTA Employment Relations for the lodgement of workplaceagreements, MTA Employment Relations will make sure the agreements comply and where there is any doubt arrange for the pre-lodgement assessment by the Workplace Authority.

What is taken into account in the Fairness Test?

The Workplace Authority will take into account "all relevant working arrangements", and this includes monetary and non-monetary compensation.  It can also consider matters such as the industry, the location and economic circumstances of the business, and the specific employment circumstances or opportunities of the employee.

What happens if an agreement does not meet the fairness test?

Where the agreement does not meet the test the Workplace Authority must provide advice to the employer on how it may be changed and the amount of back pay the employer must pay to compensate the employee.

An employer and employee will have 14 days to agree on how they will vary the agreement so that it fairly  compensates the employee.  If the necessary changes are not made, the agreement will be void.  Employees will then go back to the award or agreement coverage that previously applied.

Where the employer does not compensate the employee for an shortfall the Workplace Ombudsman (previously the Office of Workplace Services) will be able to seek to recover any shortfall in payments on behalf of the employee.  The Act will also be amended to prohibit an employer from dismissing an employee because their agreement does not meet the Fairness Test.

Stronger employee protections

The government has also indicated a number of other amendments:

  • a new provision will explicitly state that an employer must not force an existing employee to agree to remove or vary a protected award condition; and,
  • it will also be made clear that an employee will not be forced to accept an AWA where a business is sold as a condition of continued employment.

 Implications for employers

Because there is no legislation to review there is uncertainty as to the full affect of these changes.  Employers face some practical problems over the next weeks, in particular:

  • The Fairness Test only applies to AWAs where the employee earns less than $75,000 per anum but we do not know how the $75,000 is made up - what is included?
  • It appears to be the case bot is not certain that non award covered employees can be employed on a workplace agreement that provides terms and conditions that only meet the Australian Fair Pay and Conditions Standard.
  • The Fairness Test probalby does apply to new employees but this is uncertain at this stage.
  • It appears to be the case but is uncertain whether the Workplace Authority will have a regard to employee benefits outside the workplace agreement, eg, incentive schemes, or other benefits such as vehicle use, payment of petrol, etc.

Members need to take particular care in the formulation of AWA's or collective agreements in the next weeks until the legislation is able to be reviewed.  Contact MTA Employment Relations for advice as necessary to ensure that workplace agreements pass the Fairness Test and avoid the agreements being challenged.  Further information is available on ERIS under the Workplace Agreements section.

 

 

ISS FACILITY SERVICES ISS FACILITY SERVICES

  • ISS is located in the ACT and surrounding areas. We have just introduced rental floorcare into the range of products we are offering alongside Pest Control and Washroom services .

    ISS have an exclusive range of Floorcare offering company logo mats, that we are now offering with our complete range of Washroom and Pest Control Services.

    ISS is offering MTA customers a 15% discount on over all packege for the month of June & July.
    For a free quote on any of our services please call Brad Sibraa on 0413 122960 or Nina Sandow on 0413 122986

 









  Public Holidays   
New Years Day  Monday  1 January 2007 
Australia Day  Friday  26 January 2007 
Canberra Day  Monday  19 March 2007 
Good Friday  Friday  6 April 2007 
Easter Saturday  Saturday  7 April 2007 
Easter Monday  Monday  9  April 2007 
Anzac Day  Wednesday  25 April 2007 
Queens Birthday  Monday  11 June 2007 
Labour Day  Monday  1 October 2007  
Christmas Day  Tuesday  25 December 2007 
Boxing Day  Wednesday  26 December 2007 

           
 

DISCLAIMER: MTA-ACT News is the official publication of the Motor Trades Association of the Australian Capital Territory. The role of the MTA-ACT News is to inform its members of current issues and legislation affecting the industry. Note that any material contained in this publication is intended for general information only and is not designed to form advice on any matter. The authors and editors expressly disclaim all and any liability in respect of anything done or admitted to be done by any such persons in reliance, whether wholly or partly, upon the whole or part of the contents of this publication. MTA.ACT reserves the express right to reject any advertisement it considers unsuitable for publication.

 
This email was sent to [email address suppressed]
Click here to instantly unsubscribe.

MTA of ACT
Frencham Street DOWNER ACT 2602
P:02 6241 6266