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ARTICLE · 17 OCTOBER 2008

And Finally...

On 20 June 2008, the Full Bench of the Australian Industrial Relations Commission published its first decision ([2008] AIRCFB 550).

AustraliaGovernment, Public Sector

Award Modernisation Continues

On 20 June 2008, the Full Bench of the Australian Industrial Relations Commission published its first decision ([2008] AIRCFB 550). The decision included a model award flexibility clause for inclusion in all modern awards, a list of priority industries and occupations, and the timetable for the completion of award modernisation.

The decision provided for the modernisation process to be conducted in four stages. The first stage involves the making of modern awards in the priority industries and occupations identified in the decision.

The priority modern awards are to be made by 19 December 2008. The timetable for the next stages as shown in the table below.

Commencement Modern Awards made
Second stage 10 October 2008 3 April 2009
Third stage 2 March 2009 4 September 2009
Fourth stage 6 July 2009 4 December 2009

On 12 September 2008, the Commission issued a further statement and published exposure drafts for the priority modern awards.

Fair Pay Commission Decision

The recent decision to award an increase of $21.66 per week to the federal minimum wage and adult pay scales takes effect from the first pay period on or after 1 October 2008. This in effect increases the minimum wage to $14.31 per hour.

Remuneration cap for unfair dismissal increases

On 1 July 2008, the remuneration cap for unfair dismissals was increased to $106,400.

Worksafe Victoria's intervention activities in 2008-09

WorkSafe Victoria recently announced their program of intervention activities for the current financial year. In deciding which industries and areas to focus upon, WorkSafe have looked at workers compensation claims and reported incidents.

Industries to be focused on in 2008- 09 include agriculture, moulded and fabricated metals, emergency services, food and beverage, road freight transport, chemical storage, vehicle and parts manufacture, welfare services and wood products manufacturing.

WorkSafe Victoria plan to use advice and assistance, and Improvement and Prohibition Notices as the primary enforcement tools to ensure that businesses are complying with their occupational health and safety obligations. It is important for all businesses to understand their rights, obligations and liabilities that may arise out of Improvement and Prohibition Notices. Given the significant penalties available under the Occupational Health and Safety Act 2004 (Vic) even a less serious offence can result in a considerable fine.

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