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Everybody Out

Everybody Out is the official news bulletin of APTIA. Sent directly to APTIA Members each month, the bulletin reports on current and breaking Industrial Relations news, stakeholder news, recent industry decisions as well as important industry dates.  Below is the most recent version of the Everybody Out. Archive copies of Everybody Out are available to APTIA Members (please visit our Membership Area for more information on how to become a Member or to login to the Membership Area).

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October 2018 edition

APTIA Everybody Out - October 2018 APTIA Everybody Out - October 2018 (1152 KB)


Members News: 2018 Australasian Bus Conference
The 2018 Australasian Bus Conference was recently concluded in Cairns with over 750 delegates and accompanying persons attending from New Zealand and Australia. The Conference titled “C21- Moving People mobility/ connectivity/ technology showcased speakers from across the ditch, bureaucrats, academics, lawyers and industry representatives. Keynote speakers included Tim Capelin from Piper Alderman solicitors, Mike Kent from Transit Systems Australia, Fiona McMillan from Lane Neave, solicitors in New Zealand, John Calabro from Transit Australia Group, Steve Schofield from Downer Group and Scott Barklamb from the Australian Chamber of Commerce and Industry. The Conference in 2019 is scheduled in November in Canberra and which will, no doubt, be driven by the outcomes from the federal election to be held in the early part of 2019.

Industry News: Skene's Case - the aftermath
The national debate continues about the impact of Skene’s case upon casual employment.
APTIA has met with State Association representatives and is seeking to develop an industry response based upon the impact of Skene’s case and the most recent casual conversion decision of the Full Bench of the Fair Work Commission.
In the meantime, the ACTU's national executive has called on the Morrison Government to rule out changing the Fair Work Act to overturn the full Federal Court's Workpac decison, in which it found that a regular casual employee was entitled to leave payments.

WorkPac has also decided not to appeal the decision.

However, Workpac has launched a further declaratory application with respect to another employee, which will allow all the issues considered in the Skene case to be further ventilated and perhaps the subject of a High Court challenge.

Industry News: FWC response to Skene's Case
The FWC is proposing that employers insert "NES precedence terms" in their agreements to reduce the requirement for undertakings to address substandard provisions.In its latest bulletin the Commission says that "to reduce the incidence of [FWC] members requesting undertakings, it may assist if a term is included in an enterprise agreement when it is made providing that where there is any inconsistency, more generous entitlements under the NES will prevail over provisions in an agreement".

It provides the following example of such a term: "This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency."
However, the Commission advises its users that before they finalise their agreements, they should consult before including such a clause.

Industry News: The Passenger Vehicle Transportation Award – 1 November 2018
As part of the 4-yearly review of modern Awards, a number of changes have been made to Awards, in recent months that should be considered when preparing a new agreement. A number of those changes come into effect on 1 November 2018. The better off overall test (BOOT) is measured at ‘test time’, being the date the Agreement is lodged with the Fair Work Commission. This means that any changes made to Awards prior to lodgement will be taken into consideration when a Commission Member assesses your Agreement for the BOOT.


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