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Moving Australia

Industrial Relations Industry News

APTIA brings you the latest Industrial Relations News including daily news breaks (as occurs). Breaking IR News will feature on this page, with full IR news and recent industry decisions accessible through our Everybody Out Bulletin.

FWC released latest version of PVTA 2020 [4 Aug 2021]

The Fair Work Commission has released the latest version of the Passenger Vehicle Transportation Award 2020. It contains all variations up to 1 July 2021, including the new rates of pay.

The changes for reference include:

• Clause 15.1 - Minimum wages
• Clause 16.5 - Payment of wages on termination of employment
• Clause 17 - Allowances
• Cl 17.2 (a) - First aid allowance is $17.15 per week
• Cl 17.2 (b) - Articulated bus allowance is $14.08 per shift
• Cl 17.3 (a) - Meal allowance is now $13.86
• Cl 17.3 (f) - Vehicle allowance is 0.80 per kilometre
• Schedule B - Summary of hourly rates of pay
• Schedule C - Schedule of monetary allowances
• Schedule D - Supported wage system
• Schedule X - Flexible work arrangements; expired 30 June 2020.

Download the latest version of the PVTA

Lock-downs: When can you stand down an Employee? [19 July 2021]

Justice Iain Ross AM has convened meetings with employer and employee stakeholders to ascertain whether variations are needed to the modern awards, including the Passenger Vehicle Transportation Award 2020, along similar lines to those introduced in 2020, to enable employers to reduce an employees’ hours of work, require employees to take part annual leave and to be offer to employees, other work to keep them employed.

There may be circumstances, however, where none of the measures apply of those measures are withdrawn.

Employers need to understand how the ‘stand-down’ provisions of the Fair Work Act 2009 may apply to these circumstances.

Download the E-alert for more details.

Sex discrimination and Fair Work (Respect at Work) Amendment Bill 2021

Legislation was introduced into the Senate on 24 June 2021 which sought to amend the Fair Work Act to ensure that sexual harassment was included as serious misconduct for the purposes of termination of employment.

The Bill is relevant to bus and coach industry and will be considered by APTIA's Workplace Equality Advisory Group (WEAG) to develop an industry position.

Download the current industry position determined by the WEAG

Award wages increase by 2.5% from 1 July 2021

The Fair Work Commission has handed down its minimum wage determination for 2021/ 2022.

Set out are the new wage rates for those awards below, which commence from 1 July 2021 and which reflect annual wage increases of 2.5%.

• Passenger Vehicle Transportation Award 2020
• Clerks - Private Sector Award 2020
• Vehicle Repair, Services and Retail Award 2020
• Manunfacturing and Associated Industries and Occupations Award 2020.

The casual loading remains at 25% and allowance have also increased.

Download the summary of the decision and the wage rates.

Casual Employment templates

Following the recent BIC Industrial Working Group meeting BIC has posted the following templates.

1. Template casual clause
2. Template casual conversion clause
3. Draft template letter not to offer conversion to a casual school bus driver
4. Draft letter of employment as a casual school bus driver
5. Draft letter of offer of conversion to a bus driver
6. Draft letter not to offer conversion to an existing bus driver
7. Draft letter not to accept a request from an employee to convert

APTIA's submission to The Fair Work Amendment (Supporting Economic Recovery) Bill 2020

On 4 February 2021, APTIA wrote to the the Committee Secretary - Senate Education and Employment Committee regarding the Fair Work Amendment (Supporting Economic Recovery) Bill 2020

In our letter, APTIA supported the passage of the “Supporting Economic Recovery” Bill as outlined in summary below.

1. Provide a needed definition of casual employment, whilst at the same time, ensuring conversion opportunities to casual employees, who wish to convert, and allow those casual employees to remain as casual employees to suit their purposes.
2. Prevent double dipping, should an employee, who has received the casual loading, be found not to be a casual, protecting the workforce from overpayments, which clearly discriminate against part time and permanent employees who would have undertaken the same work but have been paid up to 25% less.
3. Provide greater flexibility, in some modern Awards, to employers and employees during the COVID crisis to negotiate job protecting terms.
4. Make applications for approval of enterprise agreements less formal, which will encourage employers and employees to rediscover the benefits of negotiating such enterprise agreements.
5. Allow employees to make claims for unpaid wages in a more simplistic way and enable both employers and employees to resolve small claims in a much less expensive way.

Download the full submission here.

National mini Seminar on Working our way through the pandemic

APTIA convened an online seminar on 4 November 2020.
The seminar included the following presenters and topics:

• How to handle leave entitlements - Presentation by Tim Capelin, Partner - Piper Alderman.
  What has changed in taking leave, including long service leave, personal leave, pandemic leave and annual leave
• How to deal with health and safety - Presentation by Nikki Britt, Managing Director – Navigate Health.
  Instruction on how to protect the health and welfare of your employees including their mental and physical health.
• Industrial Relations reforms in the pipeline - Presentation by Ian MacDonald, National IR Manager – Bus Industry Confederation.
  Consideration of the potential outcomes from the Attorney General's Roundtable discussions, the ALP's IR platform for the next election and the ambitions of the trade unions and employer groups for future IR reform.

PVTA Presentations

Throughout July, APTIA presented the Passenger Vehicle Transportation Award 2020.  The presentation includes details of Award payments for permanent as well as casual employees, a comprehensive outline of full time, part time and casual rates with examples of overtime payments, weekend penalties and early and late running loadings and a summary of the allowances including wage related allowances (first aid, articulated bus) and expense related allowances (meal, vehicle x2). 

APTIA_PVTA_2020_Presentation (402 KB)

Implications of the decision in the Workpac Pty Ltd v. Rossato case

A copy of Professor Stewart's presentation provides valuable background of the decision in the Workpac Pty Ltd v. Rossato case. A full recording of the seminar with questions will be available shortly. APTIA has also written a paper on the implications of the decision which can be found here.

APTIA is obtaining written legal advices and also monitoring the outcome of potential legislation from the A-G's Round table discussions and potential challenges to the Rossato decision. The BIC Media Release can be viewed here.

APTIA will call an IWG meeting over the next few weeks to consider the advices and a further response. In the meantime APTIA recommends that members seek their own legal advices and follow further information provided from State Associations and from the BIC.

Passenger Vehicle Transportation Award 2020

The Passenger Vehicle Transportation Award 2020 will commence from 13 April 2020.

APTIA - Draft - Passenger Vehicle Transportation Award (779 KB)

Modern Awards - Latest Changes effective 26 June 2020

The 4 Awards are:

• Passenger Vehicle Transportation Award 2020

APTIA_Passenger_Vehicle_Trans_Award_June (190 KB)

Passenger Vehicle Transportation Award 2020 - Explanatory notes

APTIA PVTA Award 2020 Explanatory Notes (414 KB)

• Manufacturing & Associated Industries and Occupations Award 2010

APTIA_Manufacturing_Award_June (345 KB)

• Clerks - Private Sector Award 2010

APTIA_Clerks_Award_June (399 KB)

• Vehicle Manufacturing Repair Services and Retail Award 2010

Vehicle Manufacturing, Repair, Services and Retail Award 2010 (1505 KB)