Industrial Relations

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AWARD MODERNISATION AND THE NURSERY INDUSTRY

Downloads
The National Employment Standards.pdf
Nursery Award 2010 (MA 000033).pdf

The Nursery & Garden Industry (NGI) has been successful in obtaining a federal award for the industry to be officially known as “Nursery Award 2010 (MA000033)”, and having jurisdiction throughout Australia. This includes Retail Nurseries and Production Nurseries.

The final draft of the Nursery Award 2010 has been handed down by the Australian Industrial Relations Commission (AIRC) and will take effect from 1st January, 2010.

From 1st January 2010 you will have the same set of rules for all employees – a lot less cumbersome than having to refer to a number of different awards for different employees. As with all other Federal Awards, the Nursery Award will be underpinned by the National Employment Standards (NES), so the Award will need to be read in conjunction with the NES, also coming into effect on the 1st January, 2010. We have had a number of substantial gains including –

• A clear definition of the “Nursery Industry” (Clause 4.2) –
  • the propagation, planting, growing, cultivation, maintenance, sale, distribution or treating of plant material and associated nursery products in plant nurseries, flower, turf and tree farms or other similar enterprises;
  • the production and modification of growing media and clearing, treating or preparing of land for the propagation, planting, growing, cultivation, maintenance, sales and distribution or treating of plant material and associated products; the processing, grading, packing or storing of plant material and associated products as part of a nursery; and
  • the despatching and distribution of plant material and associated products in connection with work under clauses 4.2(a) to 4.2(c).
• A clear and concise grade classification structure
• Clear description of employee status – full-time, part-time or casual
• Abandonment of employment
• Junior wages will now be a percentage of their classification grade
• Coverage of the award -
  • production nurseries,
  • retail nurseries –
  • attached to production nurseries
  • stand-alone retail nurseries
  • It is useful to note that “stand-alone nurseries” have been excluded from the General Retail Industry Award. If a retail nursery is unsure as to whether or not they are covered by this Award they should contact their NGI Office for clarification
• clerical staff employed by the above
• drivers employed by the above
• domestic landscapers
• where there is an overlap of award coverage, the award classification which is most appropriate to the work performed by the employee and the environment in which the employee performs work will apply.

There is also the opportunity to vary certain provisions of this award to genuinely meet the individual needs of an employee and employer on a one to one basis, these are restricted to:
Arrangements for when work is performed
Overtime rates
Penalty rates
Allowances, and
Leave loading

To assist all members NGI are formulating a guidance document which can be used by all members to vary the terms of the award as above.

The following have been incorporated across the board in all new Federal Awards

• 25% loading for casuals
• 17.5 % annual leave loading
• Spread of hours
• Higher hourly rates for ordinary time worked on Saturdays and Sundays
• Consultation regarding major workplace changes
• Dispute Resolution

While some businesses across the country will be affected by additional costs and/or terms and conditions of employment, the Commission has stated that transitional provisions must be developed that take into account the intention not to disadvantage employees or increase costs for employers. There is scope to discuss transitional provisions once the final award has been published. The two main reasons being –

• It is difficult to know what the effect of the award will be until those affected have had an opportunity to consider the impact in detail, and
• In many cases the effect of the award upon employees and employers is not uniform and depends upon the terms of the NAPSA or pre-reform awards which applied previously.

Accordingly representatives of employers and employees will be in a better position to assess the overall effect of the awards, taking potential gain and losses into account and will be in a position to give practical assistance to the Commission. The Commission has stated that transitional provisions will not be dealt with until the legislation, including the foreshadowed transitional legislation, has been passed by Parliament.

We are writing to seek clarification on a couple of clauses which we believe to be contradictory and/or ambiguous.

These Award changes will have a major impact on employment conditions across the country. To assist NGI members in understanding and working with the new Award, NES and other legislative changes, e.g. unfair dismissal, each State NGI will arrange briefings for their members.

It is important to note that this Award does not have effect until 1st January, 2010. There may still be some slight variations prior to date of implementation.

Downloads
The National Employment Standards.pdf
Nursery Award 2010 (MA 000033).pdf

General Information Regarding Industrial Relations & NGIV:

NGIV - Industrial Relations and Keeping You Informed

Keeping up to date with the latest in industrial relations can often be difficult for small businesses. The Nursery & Garden Industry Victoria sees it as one of our highest priorities to keep our members updated on the latest issues and to ensure our members' voices are heard.

Members make us the first port of call with queries on Human Resource or Industrial Relations. This service is only available to the owner/manager (or designated employee) of our members.

We provide advice to members on:

• Apprenticeships
• Awards
• Changes to Legislation affecting employment 
• Disciplinary Process
• Employment Conditions
• Long Service Leave
• Minimum Wage Rates and Classifications:
  - Industry Sector Minimum Wage sheets are distributed to all members, when the actual figures and times for payment  are released by Government. 
  - Notification of Wage increases in Federal Awards are notified to members and are then available on request.
• Occupational Health & Safety
• Parental Leave
  - Maternity
  - Paternity
  - Adoption Leave
• Public Holidays
• State Sectors
• Superannuation
• Termination of Employment
• Unfair Dismissals
• WorkCover

Workshops held on Industrial Relations issues are also conducted throughout the year.

For any advice or the latest industry relation updates, please do not hesitate to contact NGIV on 9576 0599 or ngiv@ngiv.com.au