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By following the steps on this page you will be able to determine under which industrial system you are employed. It is important to know what your workplace entitlements and working conditions should be. The Industrial Relations system is complex so this page tries to guide you through the minefield. Workplace Industrial Relations LandscapeThe Workplace Relations Act 1996 brought any employer who was a Proprietary Limited company (Pty Ltd), a family trust or a corporation working conditions fell under the Federal system after 1996. If a company was owned by one person (Sole trader) it remained in the State system and operated under the relevant State Award. Victoria at this time chose to relinquish its Industrial Relations powers to the Federal system which meant if you worked in Victoria for any type of company your wages and conditions were governed by the Federal system under a Federal Award. The Sole Trader security company where the company is obliged to pay you according to the relevant State Security Industry Award and the pay scales within that award. Believe it or not this is the most advantageous system because pay scales are usually higher than the Federal System. The security company incorporated and for which no Employee Collective Agreement exist has its workplace pay and conditions governed by the Modern Award - Security Services Industry Award 2010. The security company which is incorporated and there exists an Employee Collective Agreement or Enterprise Agreement. The Agreement is usually agreed to by management if they want some flexibility in the workplace. For instance if they want to have four on four off days shift cycle then the employee ends up working more than 38 hrs per week. These agreements work out the reasonable wage for working this type of shift. Employment Relations and Employment Law - Finding Where You Stand
To uncover
the business type of your employer or future employer is the first step in
determining what pay and conditions exist for your workplace. This way you can
find out what your workplace entitlements and
conditions of employment should be. As you click on these
hyperlinks, a new page will open allowing this original page to stay active on
your browser. Step
1
Click on the Australian state
in which you work and a page of Security Contractors will appear then select the
employer. Highlight the name only and copy it: Step
2
First, click on ‘Australian Business Number Lookup’.
It
will open in a new page, paste the name there, and do a search. The results will show you a
number of options. The 'star ' rating gives the best match.
Most of the company names are Trading Names owned by persons or companies.
The results page will tell you if it is a Trading Name. Click
on this and you will see whether the Trading Name belongs to a sole trader or a company. If you do not get any close ratings, check other names
the search brought up. See if there
has been a misspelling of the name at registration. Check the
postcode of the firm to see if it operates in the same locality as the searched
firm. Be very wary of the firm if you cannot make a match.
If you have a pay slip with the firm's ABN quoted then try this in the search. In the case of a company - another company or family trust could own it. Clicking on any names described as ‘Historical’ will tell you which person or company owned the name in the past. You can also click on the Australian Securities and Investment Corporation's website for further information on a company or trust.
If you have trouble assessing what type of company or when it incorporated, call the Fair Work Infoline on 13 13 94. When you know the status of your employer or future employer, look down the page to find their status to investigate further. Sole Trader or PartnershipIf your employer is a sole trader or partnership and you live in a state other than Victoria, then coverage is under the state award. No Australian Workplace Agreement or Employee Collective Agreement can exist in this situation. If your employer is a sole trader or partnership and they say an Employee Collective Agreement exists for their workplace, be suspicious and check with your State Industrial Authority below. Click on the State Award that applies to you. If employed under the
State
Industrial Relations system i.e. your employer is a sole trader or
partnership, and you are not receiving or received your full
entitlements, you can make a claim or complaint to your respective State
Government Department:
Victorian firms as well as incorporated companies in other states have coverage under the Federal system. If this applies to you continue. If you are employed by a Sole Trader or Partnership and are currently covered by the State Award, your pay and conditions will be governed by the Federal system at the beginning of 2011. State awards will continue to operate before terminating in 2011and be replaced by the Modern Award – the Security Services Industry Award. Click here to see details. Pty Ltd or Limited or Family Trust Type CompanyClick to open
this page in a
new window to search for: If your employer is a company or trust, first copy the business name into both the Workplace Agreements page and do a search. If it does not show an agreement existing, try other names that you have uncovered or their ABNs (strip ABNs of their spaces to fit into the search field.) If the search shows an agreement in existence, click on the Agreement and view the full Agreement. Some agreements such as Chubb and ISS (Group 4) cover only certain worksites such as armoured vehicles, airports and wharfs. Work out if the agreement that you have selected, applies to the work that you do. If no agreement
exists, coverage is by the new award Security
Services Industry Award 2010. Click here
to go to the New Award 2010 page. Security Company which has an Employee Collective Agreement or Enterprise AgreementThe Employee Collective Agreement shows the conditions of your employment. It gives your entitlements as to holidays, other leave, descriptions of work classifications, pay scales and if they exist, penalty rates for overtime, weekend work or shift. Also any allowances which the employer is to pay. If you wish you may use the Pay Calculator to judge if you are better off under this agreement or under the Security Services Industry Award 2010. Please read 'New Award 2010' page to see exactly how the new award operates. Click here to download the Security Services Industry Award 2010 calculator. Cancel the password prompt. The Pay Calculator does not calculate your pay under an Agreement. The Pay Calculator is an Excel spreadsheet where you enter the details of your week or fortnight work periods and get a full assessment of what you would be paid under the new award. You are able to print out the worksheet with your calculations but not save it to your computer. Many agreements have Aggregate
Salaries for shift workers who work a '4 days on and 4 days off' roster.
The pay calculator also computes what your weekly and hourly salary would be
under the new award. If you think you agreement has expired then make contact with Fair Work Australia and check that the agreement has expired. An agreement continues to operate even though it has expired until either party to the agreement, (employer or employees) chooses to terminate it. Go to the Fair Work Ombudsman's web page on 'Terminating an Agreement' by clicking here. The terms of the agreement continue after the nominal expiry date, however, if the agreement provides terms less than those within the National Employment Standards, or the minimum rate of pay in the modern award, then the NES and/or modern award provision will apply. Make your employer aware of this condition. In all cases, if the agreement has expired then contact your union or organize your fellow workmates into an Employee group and go through the process of terminating the agreement. After termination of the agreement your working conditions will be governed by the Security Services Industry Award 2010. If your workmates want further working flexibility outside the Award or your employer does, then negotiate by bargaining for a new agreement. Contact your union to represent you and other unionists. If your workplace is not unionized then seek the services of an Industrial Relations Consultant to bargain in the employee's interests. You may all have to contribute to a fund to afford their services. See
the 'Bargaining' page by clicking here. If you are not receiving your
correct pay and conditions as detailed in the Employee Collective Agreement or
Enterprise Agreement then you can make a claim or
complaint to the: Also make a post the the Security Guard Forum to inform others.
Workplace Industrial Relations Employment Relations Employment Law Workchoices NAPSA Award Wages Enterprise Agreement Federal Wage Employee Collective Agreements Workplace Relations Employee Rights Pay Calculator Fair Work Australia Industrial Relations Notional Agreement Protecting a State Award Pay Rates Employment Relations Working Conditions Labor Laws |
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