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2008 AUSTRALIAN BODY SHOP OPINION SURVEY
Since the inception of auto body repairing in Australia, there has been a lack of statistical information about panel shops. Nobody is quite sure how many there are, where they are located, how many people they employ or what equipment and consumables they use. While insurers and supply companies sometimes conduct surveys among the body shops with which they do business, information on an Industry wide basis has not generally been available.
In March 2006, the Australian Accident Repair Network (AARN) commissioned the 2006 Australian Body Shop Survey. To analyse how the Australian Crash Repair Industry is handling the many changes affecting our industry and what impact it is having on Body Shops today. AARN has again been asked to conduct the 2008 Australian Body Shop Opinion Survey.
The survey questionnaire will be mailed out to all Vehicle Repair Body Shops on 11 March 2008. Please set aside some time to complete the questionnaire and return in reply paid envelope before 16 May 2008.
EMPLOYMENT RELATIONS UPDATE
Need For Authorities To Deduct
It has come to the attention of the MTA that a number of members are finding themselves out of pocket when terminating employees that then refuse to reimburse their employer for either outstanding accounts held at their place of work, or for the replacement of lost or damaged items.
The MTA has had numerous concerns raised by members in recent times in relation to employees refusing to make payment for the following:
- store accounts built up over time in relation to food/drink/cigarettes that have never been paid, or only part paid.
- large amounts relating to new tyres, replacement parts and/or mechanical work that has never been paid, or has only been partly paid for.
- losses sustained through either theft or reckless/negligent damage to vehicle, tools and equipment during the course of the worker's employment for which the employer has never been reimbursed.
The most effective way to deal with this widespread problem is to ensure that all employees are asked to sign an Authority to Deduct from monies owned to them by the employer, for the purpose of making payment for outstanding accounts etc. These authorities must be in writing, should state when and how the monies are to be deducted, and what the deductions are in relation to. This may be very broad or quite specific, depending upon your particular worksite and the arrangements that you have in place with your staff. At the very least it should refer to authorized deductions for the purpose of loss or damage to goods, property or equipment through recklessness and/or negligence.
MTAA SUPER 
Mr Graham Millar -
Business Development Manager
Telephone: 02 9213 4237
Facsimile: 02 9212 6889
Mobile: 0419 410 436
Email:
grahamm@mtaa.com.au
Website: mtaasuper.com.au
WORKCOVER UPDATE
Early Notification and Register of Injuries
The Office of Regulatory Services is the government agency responsible for the administration and regulation of the Workers Compensation Act 1951 (the Act).
The Act aims to provide a timely, safe and durable return to work through effective injury management, and income support to injured workers. As part of the injury management process, the Act sets out certain obligations that both employers and workers have in relation to the early notification of a workplace injury.
A Register of Injuries must be kept by the employer in a place that is readily available to all workers. It records every injury that occurs in the workplace, regardless of whether a claim is made.
An injured worker must tell their employer they have been injured as soon as possible after the injury occurs. A notification of an injury can be either verbal or written, and in some instances through a third party. All injuries should be entered into a Register of Injuries at the workplace.
The employer must then give the Insurer notice (an Injury Notice) within 48 hours after becoming aware the worker has received a workplace injury. The notice may be given orally, in writing or in electronic form, but if given orally must be confirmed in writing, or electronically within 3 days.
If the employer fails to give notice within 48 hours, the employer is directly liable for weekly compensation from the 48 hour period until the notice is given to the insurer and the employer cannot be reimbursed by the insurer.
For information on the Register of Injuries and Injury Notices please refer to sections 92 to 95 of the Act or to information bulletin 11.09, both of which can be found under the WorkCover section of the Office of Regulatory Services website at: www.ors.act.gov.au or MTA members may contact the MTA office for copies of the Register and Notices.
If you have any questions regarding this or any other workers compensation matters please call The Office of Regulatory Services information line on 6205 0200 and press #1 to speak to an officer.
OFFICE OF FAIR TRADING UPDATE
New Instrument Exempting Vehicles from the Sale of Motor Vehicles Act
The Attorney General has approved an instrument exempting the following vehicles from the requirements of the Sales of Motor Vehicles Act 1977.
The instrument exempts ride on lawnmowers, mobility scooters, golf buggies and childrens toys with a max speed of 8km/hour.
The full exemption can be accessed at www.legislation.act.gov.au/ni/2008-52/default.asp
REMINDER - CHANGES TO SUPERANNUATION
Any commissions or shift loadings (for example Sunday loading for Motor Vehicle Salespeople) paid after 1 July 2008 will need to be included when assessing an employers 9% superannuation liability under the Superannuation Guarantee Administration Act (the Act).
Currently the arrangement for employees paid under the federal Vehicle Industry Repair Services and Retail Award 2002, or in other circumstances where a pre-August 1991 earnings base applied to employees that did not include commission payments, were permitted to continue despite any definition of ordinary time earnings within the Act. Therefore employers were not obligated to include commission or shift loading when calculation the 9%.
This present situation will alter effective from 1 July 2008 as these arrangements are overridden by new legislation that specifies that the only definitiion for the purpose of assessing ordinary time earnings will be that contained in the Act. The definition of ordinary time earnings within the Act requires employers to include the payment of, over award payments, shift loadings and commission when assessing liability.
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