Domestic and family violence – a workplace issue

How prevalent is domestic and family violence in Australia? In Australia, approximately one woman is killed by her current or former partner every week, often after a history of domestic and family violence 34% of women have experienced physical violence since the age of 15. 17% of women have experienced violence from a current or former […]

COVID-19 AND THE WORKPLACE

COVID – 19 is a health and safety risk. Employers have obligations to ensure the health and safety of workers and others. They must have a plan on what will be done to protect and support workers and health and safety representatives must be consulted on this plan. We know that the best way to protect workers and […]

Employees who can’t go to work because of Coronavirus

Employees who can’t go to work because of coronavirus Employees can’t go to work if they need to quarantine or self-isolate because they: have been diagnosed with coronavirus have been in close contact with someone who has been diagnosed with coronavirus are waiting for a coronavirus test result are prohibited from leaving their home because […]

Helpful Resources

If you have a specific question, contact your Union Organiser for more information. The latest NSW Health advice can be found at: health.nsw.gov.au It is important to look after your mental health during Coronavirus Pandemic. Beyond Blue have created some tips and advice which  can be found at coronavirus.beyonblue.org.au  

Information on Overtime

An employer can request that an employee works reasonable overtime… WHAT IS REASONABLE?? Overtime can be reasonable so long the following is taken into account: any risk to health and safety from working the extra hours the employee’s personal situation, including their family responsibilities the workplace need’s if the employee is entitled to receive overtime […]

Workers Compensation

You have a right to attend the doctors of your choice (nominated treating doctor). You have the right to choose where to go seek that treatment. It is illegal for the company to advise you that you are not covered by workers compensation unless you go to the company doctor. If this occurs please contact […]

Who should I contact if I need help with an issue in my workplace?

If you are a member of the AMIEU, you can speak to your Union Organiser or Union Delegate.

How do I join the AMIEU?

Joining the AMIEU is easy. Simply click ‘Join the AMIEU’ on our homepage or speak to your Union Organiser/Delegate in your workplace.

What happens if a public holiday occurs during long service leave?

An extra day must be included in the long service leave.

Can long service leave be taken in advance?

Yes. If both the employer & worker agree, not less than 1 months leave may be taken in advance

When can long service leave be taken?

When a worker becomes eligible for long service leave, an employer is required to grant it as soon as practicable. One months notice should be given by the employer. If both parties agree, leave may be postponed to a mutually convenient date.

Can a worker be paid for the value of their long service leave?

No. The long service entitlement must be taken as leave.

How can long service leave be taken?

In one continuous period of leave or, if the worker & employer agree: Where the leave due is 2 months – in 2 separate periods Where the leave due is between 2 months and 19 ½ weeks -in 2 or 3 separate periods Where the leave exceeds 19 ½ weeks – 2,3 or 4 separate […]

What is ordinary pay?

Ordinary pay is the workers ordinary time rate of pay plus an average of any bonus, commission or other incentive payments paid over the last 12 months or the last 5 years, whichever is greater. Shift work, other penalty rates & overtime payments are not included.

How is long service leave paid?

Long service leave is paid at the ordinary pay rate which has been paid to a worker prior to taking leave or an average of the last 5 years ordinary pay earnings, whichever is greater. The employer may pay the worker in full when leave commences, in instalments on the usual pay days or under […]

What service with an employer qualifies for long service leave?

There needs to be continuous service with an employer. If the business is sold & continues as the same business, & the worker is employed in that business, the continuity is not considered to be broken.

Is there a leave entitlement for less than 10 years’ service?

Yes. A worker who has completed 5 years of service as an adult, or has received adult rates of pay, is entitled to a pro rata payment if he/she: Resigns as a result of illness, incapacity, domestic or other pressing necessity; Is dismissed for any reason except serious & wilful misconduct; or Dies.

What is the long service leave entitlement provided by the Act?

Two months paid leave after 10 years service (see below) with one employer & 1 month paid leave for each additional 5 years service. Leave entitlements accrue pro rata on a daily basis for the first 15 years. After 15 years of service, only full years of service are taken into account for accrual purposes.

Who is not covered by the NSW Long Service Leave Act?

Workers who are: Covered by long service provisions in a NSW award or agreement more favourable than those in an Act; Covered by long service leave provisions in any other Act or federal award Employed by an employer exempted by the NSW Industrial Relations Commission from having to provide long service leave.

What is long service leave?

The NSW Long Service Leave Act 1955 provides that full-time, part-time & casual workers in NSW are entitled to be paid long service leave after working for an unbroken period of 10 years.

What proof does an employee need to be eligible for leave?

For personal carers’ leave, an employer can require an employee to establish that a family member is sick & needs care. A medical certificate or statutory declaration can do this. For bereavement leave, evidence may also be required. Relevant awards set out these requirements.

How much leave can an employee take?

Personal carers’ leave allows employees to use all of their current & accrued sick leave to care for the sick family member. The bereavement leave entitlement is a minimum of 2 days. Some awards provide for 3 or more days & may also impose other conditions on taking leave. Bereavement leave may also be taken […]

Who can an employee take the leave for?

Both types of leave may be taken for a family member who is the employee’s: Spouse, de facto spouse or same sex partner, child, including adopted, foster, ex-nuptial or stepchild, parent, including foster parent or legal guardian, grandparent, grandchild or sibling. An employee may also take leave for the children, parents, grandparents or siblings or […]

Who can take this leave?

Personal carers’ leave & bereavement leave is available to all employees covered by NSW awards. There are a few exceptions & some awards have slightly different entitlements. Many enterprise agreements also provide for these types of leave.

What is bereavement leave?

Leave that an employee can take when a family member dies. Bereavement leave is also sometimes called compassionate leave. This type of leave is paid leave.

What is personal carer’s leave?

Leave an employee can take to care for a family member who is sick. If an employee takes personal careers’ leave he/she must be responsible for the care of the person who is sick. This type of leave is paid leave.

Why don’t I receive the award increases?

Many workplaces are now working under Enterprise Agreements. These enterprise agreements have pay rises built into them and have rates of pay that are higher than the award rates. The Wage Fixing Principle handed down by the Industrial Relations Commission allow award increases to be absorbed by the employer if they are paying rates higher […]

What about Federal awards?

Some employees who work in NSW are covered by federal awards. Sometimes, both federal and NSW awards apply to the one workplace, although to different categories of employees. The conditions of employment specified in NSW awards apply to all of the employees doing the type of work to which the award refers, unless covered by […]

Who is covered by a NSW award?

A NSW award covers all employers and employees in the industry or occupation to which it relates, whether or not they were parties to the making of the award. Every NSW award has a clause which sets out the industry or occupation covered by the award. The Act requires an employer to exhibit a copy […]

How are NSW awards made?

The Commission makes state awards applying in NSW. Most commonly, this occurs because the organisation representing employers (“employer organisations”) or employees (“unions”) have applied to the Commission to have an award made. An award can also be made to settle an industrial dispute.

What is an award?

An award sets out the rights and obligations of employers and employees engaged in particular types of work. There are many different types of awards to cover different industries and occupations. Awards deal with conditions of employment such as hours of employment, pay rates, penalty rates, loadings, allowances, leave entitlements, employment protection provisions and part-time […]

Fair Work Australia bill

Which workers are covered by the Bill Like WorkChoices, The Fair Work Bill covers national system employers, including: constitutional corporations the Commonwealth as employer specified employers engaged in interstate trade and commerce (employing flight crew, maritime employees or waterside workers) employers in the Territories The Bill will also cover some or all employees in the […]

Workers compensation

Excerpts from the WorkCover website: www.workcover.nsw.gov.au Employer Responsibilities When there is an injury at work, the employer must provide the injured worker with: first aid and/or transport to medical treatment name of the insurer company name and employer contact details a claim form, if requested by the worker suitable duties any assistance that will help […]

Workers wellbeing

AMIEU CARES ABOUT YOUR WELLBEING! Return to Work – Your Rights your right to choose your own treating doctor your right to choose your rehab provider your right to contact your Union your right to financial compensation your right to treatment and rehabilitation in a reasonable time What is the role of the Union in […]

Bullying

Your workplace is NO place for bullying! Is this your workplace? unreasonable demands or impossible targets restrictive and petty work rules being required to perform tasks without adequate training being forced to stay back to finish work or additional tasks compulsory overtime, unfair rostering or allocation of work constant, intrusive surveillance or monitoring no say […]

Sexual harassment

What is Sexual Harassment? Any unwelcome sexual advance that may be physical, verbal or written behaviour which is unwelcome and offends, humiliates or intimidates. Sexual harassment may consist of: Offensive comments, jokes or gestures Displays of offensive pictures or books Unnecessary familiarity Demeaning comments Unwanted sexual propositions, demands or advances Unwelcome requests for sex or […]

Q Fever

Q Fever is a highly infectious, zoonotic disease that is carried by animals and passed to humans. People who work with livestock are at highest risk of the disease. There is now a vaccine available. Q Fever is highly infectious and very hardy – it can survive in dust or soil for a year or […]

COVID-19 Update

COVID-19 Update We hope you all managed to visit some loved ones over the past week, as the warmly-welcomed loosening of social distancing restrictions allowed two adults and their children to visit another home from Friday 1 May. NSW schools are due to commence a staggered return to face-to-face learning from next Monday and some […]

How is long service leave paid on termination?

After 10 years of continuous service, the worker is entitled to receive a payment calculated in accordance with any long service leave entitlement, or on a pro rata basis where an entitlement exists after less than 10 years service.