Common Rule Awards
New laws affecting Victorian workers
Employees in Victoria who are not covered by a federal award, certified agreement or an Australian Workplace Agreement are covered by Schedule 1A of the Workplace Relations Act 1996 .
Up until 1 January 2004, Schedule 1A workers were entitled to 4 weeks annual leave, 1 weeks sick leave, a minimum rate of pay, parental leave and notice of termination of employment.
Since 1 January 2004, as a result of the Workplace Relations (Improved Protection for Victorian Workers) Act 2003 , Schedule 1A workers have been entitled to 8 days personal leave (which can be taken as sick leave with up to 5 of the 8 days available to be taken as carer's leave), 2 days bereavement leave, and payment for work performed in excess of 38 hours a week.
From 1 January 2005, Schedule 1A conditions shall be further improved when common rule awards come into effect. Common rule awards provide better rates of pay and conditions of employment than Schedule 1A, and could affect up to 350,000 Victorian employees.
What is a federal award?
A federal award is a document which sets out wage rates and conditions of employment for groups of employees across industries. Currently for a Victorian worker to be covered by a federal award, the employer must be named or belong to an employer organisation which is named in the award, or it must have acquired or taken over at least a part of a business of an employer who was a party to an award.
What is a common rule award?
In contrast, a common rule award applies to all employees in a particular industry performing work covered by the award. Employers or employer organisations do not have to be named in the award to be covered by a common rule award.
This means that workers currently covered by Schedule 1A will be entitled to receive the pay and conditions as set out in a Victorian common rule award once a common rule order is made in their industry. The Victorian common rule awards are based largely on existing federal awards.
How will it affect me?
If you are currently a Schedule 1A worker, once common rule awards come into effect you may be entitled to federal award conditions of employment which may include up to 20 allowable matters such as annual leave loading, penalty rates, overtime rates, redundancy pay and allowances.
It is important to check whether your employment is covered by a common rule award and whether it applies to the type of work that you perform. For more information, you can:
When will common rule awards come into effect?
The following awards will apply as common rule awards from 1 January 2005* :
Employers are required to pay the correct award wages, penalty rates and allowances from 3 January 2005 and by no later than 5 January 2005. Please check individual awards in relation to other payments, including annual leave loading, redundancy and accident make-up pay.
* Current as at 22/10/04
Employees in Victoria who are not covered by a federal award, certified agreement or an Australian Workplace Agreement are covered by Schedule 1A of the Workplace Relations Act 1996 .
Up until 1 January 2004, Schedule 1A workers were entitled to 4 weeks annual leave, 1 weeks sick leave, a minimum rate of pay, parental leave and notice of termination of employment.
Since 1 January 2004, as a result of the Workplace Relations (Improved Protection for Victorian Workers) Act 2003 , Schedule 1A workers have been entitled to 8 days personal leave (which can be taken as sick leave with up to 5 of the 8 days available to be taken as carer's leave), 2 days bereavement leave, and payment for work performed in excess of 38 hours a week.
From 1 January 2005, Schedule 1A conditions shall be further improved when common rule awards come into effect. Common rule awards provide better rates of pay and conditions of employment than Schedule 1A, and could affect up to 350,000 Victorian employees.
What is a federal award?
A federal award is a document which sets out wage rates and conditions of employment for groups of employees across industries. Currently for a Victorian worker to be covered by a federal award, the employer must be named or belong to an employer organisation which is named in the award, or it must have acquired or taken over at least a part of a business of an employer who was a party to an award.
What is a common rule award?
In contrast, a common rule award applies to all employees in a particular industry performing work covered by the award. Employers or employer organisations do not have to be named in the award to be covered by a common rule award.
This means that workers currently covered by Schedule 1A will be entitled to receive the pay and conditions as set out in a Victorian common rule award once a common rule order is made in their industry. The Victorian common rule awards are based largely on existing federal awards.
How will it affect me?
If you are currently a Schedule 1A worker, once common rule awards come into effect you may be entitled to federal award conditions of employment which may include up to 20 allowable matters such as annual leave loading, penalty rates, overtime rates, redundancy pay and allowances.
It is important to check whether your employment is covered by a common rule award and whether it applies to the type of work that you perform. For more information, you can:
- Call Wageline on 1300 363 264 ;
- Call your union if you are a union member;
- Check the industries to which common rule awards apply by accessing the Common Rule Awards in Victoria link on the AIRC website www.airc.gov.au .
When will common rule awards come into effect?
The following awards will apply as common rule awards from 1 January 2005* :
- Clerical and Administrative Employees Victorian Common Rule Award 2005
- Clothing Trades Victorian Common Rule Award 2005
- Transport Workers Victorian Common Rule Award 2005
- Poultry Industry Victorian Common Rule Award 2005
- Storage Services - General - Victorian Common Rule Award 2005
- Horticultural Industry Victorian Common Rule Award 2005
- Pastoral Industry Victorian Common Rule Award 2005
- Security Employees Victorian Common Rule Award 2005
- Catering Victorian Common Rule Award 2005
- Building Services Victorian Common Rule Award 2005
- Clerks (Road Transport Industry) Victorian Common Rule Award 2005
- Liquor and Accommodation Industry Restaurants Victorian Common Rule Award 2005
- Motels, Accommodation and Resorts Victorian Common Rule Award 2005
- Licensed Clubs Victorian Common Rule Award 2005
- The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Victorian Common Rule Award 2005
Employers are required to pay the correct award wages, penalty rates and allowances from 3 January 2005 and by no later than 5 January 2005. Please check individual awards in relation to other payments, including annual leave loading, redundancy and accident make-up pay.
* Current as at 22/10/04
