A number of changes to the Fair Work Act 2009 will come into effect on 1 January 2013 following the Fair Work Amendment Act 2012 receiving Royal Assent on 4 December 2012. In addition to renaming Fair Work Australia the Fair Work Commission, there are legislative changes in relation to unfair dismissals, general protections and enterprise agreements.
More information about the changes can be found on the About the Fair Work Amendment Act page at: http://www.fwa.gov.au//index.cfm?pagename=aboutamendmentact.
The FWA website will be updated as materials become available.
The Australian Skills Quality Authority and CPSISC to review White Card training. The Strategic Review will look at the current modes of delivery such as online and face-to-face, the actual learning undertaken and competencies gained whilst undertaking the course, and the assessment of the White Card unit.
CPSISC has advised SPAAL that it will be replacing the superseded unit HLTFA301C Apply first aid, that is a core unit within CPP20211 Certificate II in Security Operations, with HLTFA311A Apply first aid.
The Health and Community Services Industry Skills Council has deemed that HLTFA311A Apply first aid is not equivalent to the older unit.
The new unit was endorsed in May 2012 and RTOs will generally have a twelve month period in which to transition to the new unit. This causes a potential issue in that people awarded the new unit of competency are not allowed to have it included as part of the CPP20211 Certificate II in Security Operations until we update this qualification. This may also have consequences on licensing regulations etc.
CPSISC has submitted the revised CPP20212 Certificate II in Security Operations, with HLTFA311A Apply first aid to theNational Skills Standards Council (NSSC) for consideration of endorsement at its 6 December 2012 meeting.
The first aid unit is also an elective within CPP30411 Certificate III in Security Operations and therefore can be replaced through an Industry Skills Council upgrade. CPP30411 will not require a code change as the unit is an elective within the qualification.
CPSISC is also writing to licensing regulators to ensure that they are alerted to this issue.
There are techniques of restraint that have been associated with sudden, unexpected deaths. Security personnel must be aware of the potential dangers and take every precaution to ensure they adopt safe practice. Positional Asphyxia (restraint asphyxia) can be defined as obstruction of breathing as a result of restraint technique. It occurs when the position of a person's body interferes with their ability to breath. If this is not recognised, death can occur from asphyxia or suffocation. Any body position that interferes with breathing can cause death.
For further information about the risk factors, how a security officer can identify the signs and preventative measures, please click here.
The Australian Taxation Office has developed a guide that provides information to help businesses determine whether their workers are employees or contractors for tax and super purposes. SPAAL recommends members consult the guide to ensure compliance.
As a result of the Annual Wage Review 2011-12, Fair Work Australia has released the new security industry awards pay schedules to commence from 1 July 2012.
In addition to the new pay schedules, Fair Work Australia has now released the new expense allowances to commence from 1 July 2012.
Security Services Industry Award 2010 - MA000016 PR522999
Transport (Cash in Transit) Award 2010 – MA000042 PR523025
Electrical, Electronic and Communications Contracting Award 2010 - MA000025 PR523008
Consolidated versions of the updated Security Industry Awards are being progressively updated by Fair Work Australia.
Visit SPAAL’s Workplace Relations page for links to security industry awards, Fair Work Australia and workplace relations advisers.
The Fair Work Ombudsman has today released the report on the Security Industry Follow-up Campaign conducted during 2011. The Fair Work Ombudsman consulted SPAAL in March 2011 to discuss their views of the findings of Campaign 2009 and to identify any relevant current issues in the security industry. As the Fair Work Ombudsman did in 2009, the Ombudsman attended SPAAL member meetings and addressed SPAAL members about the campaign.
SPAAL is pleased to see that the compliance rate of 75% of finalised audits is an improvement on the previous campaign where the compliance rate was 47%. However, the Fair Work Ombudsman still has 42 ongoing investigations and 14 of these are in relation to contract for service arrangements and 2 for potential Phoenixing practices.
Workplace Relations Advice
SPAAL provides expert legal services for members through Ellison, Tillyard & Callanan and Holding Redlich law firms in NSW, QLD and VIC.
Members receive free advice over the phone on workplace relations and business related legal matters, a fee for service applies for work undertaken.
For more information, please visit the Workplace Relations page.
We have attached for members information a summary of the Federal Budget prepared by SPAAL's Accountants, Byrons.
The most significant changes involve the new measure allowing businesses to 'carry-back' losses resulting in refunds of tax paid in prior years, the previously announced reduction in the company tax rate not proceeding and changes to superannuation rates and contribution caps.... [more]
WorkCover NSW presented at the recent SPAAL Member meeting on the new WHS legislation which commenced from 1 January 2012, which is being progressively rolled out nationally.
We have attached information for members WORK HEALTH AND SAFETY CHANGES 2012 on the main changes in the new WHS legislation that affect you and also encourage you to visit www.safeworkaustralia.gov.au and your State Government WorkCover authority