The online home of the Bus Industry Confederation and the Australian Public Transport Industrial Association
Moving Australia
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.
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With more than 9 out of every 10 employers in Australia being a small business, it is important the Fair Work Commission (the Commission) understands the needs and expectations of this stakeholder group and optimise the way it discharges its functions to ‘work better for small business’ through the Connect & Engage consultation program.
The Connect & Engage consultation program recognised that small business people want to do the right thing, especially by their staff - the team that can contribute so much to business success. Yet it can be challenging to understand their employment obligations and to navigate employment laws and how the Commission deals with disputes that may be brought against the business. This report documents the key issues raised and discussed in Connect & Engage consultation meetings held with smaller employers and their representatives between 23 March 2017 and 2 June 2017. The findings also draw on data and insights from user-design. The user-design research comprised 4 workshops with smaller employers who had responded to an unfair dismissal application. The research was led by Cube Group, who are producing the report form this research, and supported by Agile Advisory through co-facilitation of 3 of the 4 workshops conducted.
The scope of the project was contained to identifying possible and practical measures that would make the Fair Work regime ‘work better for small business’. As such, suggestions arising from the consultation process that would require legislative change or were policy-related reforms have not been included in this report. The report features recommendations presented as a package of positive initiatives – not framed in a rigid and inflexible manner, but rather as a starting point to encourage the Commission to think creatively about how to improve and enhance its services to ‘work better for small business’.
APTIA - Working Better for Small Business (4531 KB)
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APTIA Change of Office Bearers 3 March 2018 (147 KB)
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The 15th conference, marking 30 years since the inaugural conference in Thredbo, took place in Stockholm, Sweden, in August 2017.220 delegates attended
from 30 countries, across six continents. The conference series has a reputation for bringing academics together with practitioners in a series of
intensive workshops to discuss the latest developments in competition and ownership in land passenger transport. 2017 marks the first year where the
number of delegates was evenly split between academics on one hand and representatives from operators, regulators and consultants on the other.
Included in the Aussie contingent for Thredbo 15 were Ian Macdonald from APTIA, Chris Lowe from BusVic, Lauren Huefner from BusSA and Professor John
Stanley.
APTIA presented a paper titled “Public Transport – An Essential Service” which argued that only by declaring public transport an essential service could a successful operator in a tender process be able to negotiate cost efficiencies and productivity savings during negotiations for a new enterprise agreement following take-over.
The paper can be found below:
APTIA Thredbo 15 Conference - Public Transport: An Essential Service (358 KB)
The Fair Work Commission has released a guide as to how the Notice of Employee Representation Rights should be prepared.
The guide is attached and it is critical that the correct notice is provided to avoid rejection of an application for approval of an enterprise agreement.
If you have any queries or concerns whether you NERR is correct please refer it to APTIA on imacdonald@bic.asn.au
APTIA Notice of Employee Representation Rights Guide (155 KB)
APTIA held its Third National Seminar In Canberra on Tuesday 28 February 2017. The Theme "Industrial Relations, where to now?" was well supported by the Industry members and presentations are attached of the following leaders in their field.
Nikki Brouwers, Managing Director Interact Group
APTIA IR Seminar - Nikki Browers (The Interact Group) (1090 KB)
APTIA IR Seminar - John Kovacic (FWC) (1126 KB)
APTIA IR Seminar - Professor Andrew Stewart (396 KB)
APTIA IR Seminar - Industry Forum (885 KB)
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The Fair Work Commission has since 2014 been conducting a review of all 122 modern awards, pursuant to section 156 of the Fair Work Act 2009. This review affects the Passenger Vehicle Transportation Award 2010, along with other Awards which are relevant to the bus industry such as the Clerks - Private Sector Award 2010 and the Manufacturing and Associated Industries and Occupations Award 2010.
The review is coming to a close and each Award has been the subject of a draft exposure document. There will specific changes to each modern
Award and some common cause changes.
Attached below are decisions which impact on those Awards.
Full Bench Decision 10 October 2016 (122 KB)
On 5 April 2016 the Fair Work Commission approved the rule changes following resolutions at the most recent APTIA annual general meeting held in Singapore in November 2015. The rule changes provide a simplified method of holding Council elections following recommendations from the Australian Electoral Office in 2014. The next Council elections are due in August 2018.
Click on the PDF below to view the complete list of Rules of APTIA:
APTIA Rules (434 KB)
Fair Work (Registered Organisations) Amendment Act 2012
On the 29 June 2012 Royal Assent was given to the Fair Work (Registered Organisations) Amendment Act 2012. The amendments were driven by irregularities alleged with the HSU which had attracted large public scrutiny. A Fact Sheet on the amendments can be accessed by clicking on the PDF below.
Fair Work (Registered Organisations) Amendment Act 2012 (70 KB)
The amendments can be summarised as follows:
By the 29th July 2013, or at least 6 months after the proclamation of the new amendments APTIA must change its rules to include the following new rules (model rules will be shortly available):
The Training requirement is a mandatory one, which requires any person, who have any role on the expenditure of monies on behalf fop APTIA to undertake training on that responsibility.
For more information or if you have any questions, please click here to contact APTIA's National Industrial Relations Manager, Ian MacDonald.
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APTIA - Productivity Commission Report (5826 KB)
The Australian Productivity Commission has released its much awaited final report into Australia’s industrial and workplace relations system.
As expected much of the initial ‘brouha ‘has centred around the APC recommendation to reduce weekend penalty rates on weekends to ‘time and half’ for both days (Saturday and Sunday) but only in the hospitality, entertainment, and retail restaurant and cafes industries.
As further expected the Trade Union movement has marshalled their troops for a major defence of penalty rates with the Government refusing to ‘rule in’ or rule out’ anything but with the qualification that penalty rates will always be determined by the Fair Work Commission.
Despite the issue of penalty rates there are some commendable recommendations made by the APC, some canvassed by APTIA in its submission and they are worth lobbying Government to support.
The Minister, Senator the Hon Michaelia Cash has indicated that she will consult with stakeholders after Christmas and take any changes to next year’s election.
Some of the more interesting recommendations that may benefit our industry include;
Cheers,
Ian MacDonald
National Industrial Relations Manager
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Ian MacDonald, National IR Manager
....................................................................................................................................................................................................APTIA's Industrial Relations Manager, Ian MacDonald, has this month been featured in Australasian Bus & Coach Magazine's article titled "Mission for Growth" and Bus News article "Wage Increase". To read the article's click on the PDFs below:
APTIA - Bus News: Bus Wage Negotiations (78 KB)
APTIA - ABC Magazine: Mission for Common Ground (7006 KB)
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Article extract:
Why the health and wellbeing of your staff is fundamental to productivity in the workplace
In 2012, the Australian Government provided funds to the Australian Chamber of Commerce and Industry (ACCI) under its productivity education and training (PET) fund. The objective of the PET was for industry to participate to create long term programs of education and skills development to support cooperative and productive workplace relations that promoted national prosperity and social inclusion for all Australians.
The Bus Industry Confederation (BIC), as a member of ACCI, contracted with ACCI to contribute to the objective of the Leadership Program.
The Australian Public Transport Industrial Association (APTIA) – the industrial arm of BIC – along with consultants the Interact Group – a privately
owned company that is one of Australia’s largest providers of injury and disability management – participated in the development of an industry-specific
Health and Wellbeing Kit as part of the Leadership Program.
In 2013, workplace health specialists, the Interact Group conducted a survey of five large bus and coach operator members of APTIAacross the country, from Perth to Brisbane to Sydney. The survey sought to identify aspects of the bus and coach industry that would ascertain the influence of health and wellbeing in determining workplace performance. The outcome of this survey confirmed the employment profile and challenges for the industry.
Click on the PDF below to read the full article:
ACCI Commerce & Industry Magazine (7215 KB)
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You are cordially invited to attend the APTIA National Industrial Relations Seminar at the Realm Hotel, Canberra on Tuesday 24 March 2015,
commencing at 10.00am.
PLEASE PUT THIS DATE IN YOUR DIARY
Kate Carnell, Executive Director of ACCI and Michael Apps, Executive Director of BIC will launch the National Industrial Relations, Work Health
and Safety Guide (2nd Edition) as part of a joint Productivity Leadership Program, sponsored by the Department of Employment.
Nikki Brouwers, Managing Director of the Interact Group, Rehabilitation Experts, will also launch a National Driver Health and Welfare Kit as
part of that Productivity Leadership Program, which is the product of two years research and following a six month trial at Forest Coach Lines.
Other speakers and topics will include:
• Government and alternative Government policies for industrial relations.
• The Fair Work Commission outlining the progress of the 4 yearly reviews of Modern Awards.
• Keynote Addresses from two eminent speakers on discrimination and casual employment.
• A detailed outline by senior industrial lawyer, Tim Capelin from Piper Alderman, solicitors on ‘defending an unfair dismissal
claim’.
This seminar is an opportunity for Industrial relations employees and Managers to gain information on the most relevant IR issues affecting your
businesses. APTIA recommends the Seminar to all of its members and affiliates.
The Seminar will coincide with the Annual BIC Industry dinner in Canberra which will be offered to delegates in their registration fees.
REGISTRATION FORMS WILL BE AVAILABLE EARLY IN THE NEW YEAR
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 | 21 August 2014 A shortfall in major indexes could be remedied by productivity savings in trade negotiations Australian trade unions are being encouraged to negotiate ways for employees to save in productivity costs to operators in the latest rounds of enterprise agreement bargaining. The Labour Price Index in Australia for the year ending June 2014 is 2.6 per cent, according to statistics released by the Australian Bureau of Statistics (ABS). Click here to read the full article. |
The four year elections of Council members is being conducted by the Australian Electoral Office. Nominations open on Monday the 21 July 2014 and will
close on 4 August 2014.
APTIA Council Members Election Notice (75 KB)
APTIA Council Members Nomination Form (20 KB)
The Fair Work Act 2009 (the Act) requires the Expert Panel (the Panel) to conduct and complete a review of minimum wages in modern awards and the national minimum wage (NMW) in each financial year. The Panel may set, vary or revoke modern award minimum wages and must make a national minimum wage order. This decision, [2014] FWCFB 3500, deals with the 2013–14 annual wage review (the Review) and directly affects over 1.5 million employees in Australia who are award reliant.
Impact for the Passenger Vehicle Transportation Award – to commence 1st July 2014
New rates:
Note: Transition arrangements no longer apply to the casual loading or the hourly rates. i.e. all rates are the same across the industry.
All pay rates for clerks, mechanics, drivers and cleaners will shortly be posted this website as soon as the Fair Work Commission releases its
various determinations.
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The Coalition has made good on its election promise to launch a new guide and online learning program to help small business owners to hire new employees.
Minister for Employment Senator, the Hon Eric Abetz has launched his seven step guide to hiring for small business. The then Opposition promised in its pre-election IR policy that it would work with the Fair Work Ombudsman to ensure "targeted and clear help" for small business. The policy said such assistance would include a guide to hiring employees; a dedicated FWO helpline and a small business wages app.
Launching the six-page guide on Tuesday the 25th, Employment Minister Eric Abetz said it would build on the successful introduction of the Small Business Hotline. "The hotline is helping tens of thousands of small business owners to get speedy and accurate advice so that they can get back to running their business," he said. The guide provides information on IR laws, particularly on the NES, discrimination, wages and record keeping, and tips on hiring the right people for a small business. It also includes a one-page hiring checklist. Small business owners can also take part in a 30-minute interactive learning course to improve their skills in hiring and inducting new workers.
Guide to hiring new employees (308 KB)
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On the 27th of February 2014, the Government introduced into Parliament the Fair Work Amendment Bill 2014 (a copy of the Bill can be found by clicking on the PDF below).
Further details will be provided as the Bill passes through the Parliament. APTIA will have the opportunity to express a view on the Bill once it is referred to the various Standing Committees.
The specific details of the Bill include:
The changes to the modern awards provided by variations to the IFA must occur within 6 months from the proclamation of the Act as well as the new rights of entry laws.
Fair Work Act Bill 2014 (872 KB)
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Operators throughout Australia will now have to consult with employees over roster changes and provide greater flexibility for personal circumstance if they aren’t already doing so.
The Fair Work Commission has been working on a number of changes to the Passenger Vehicle Transportation Award 2010 which impacts any new Enterprise Agreement entered into after January 1.
Similarly changes to the Fair Work Act 2009 have added industrial relations obligations upon employers which may be prescribed in an enterprise agreement.
Australian Public Transport Industrial Association National Industrial Relations Manager Ian Macdonald says the changes will only affect some operators as most already engage best practice measures.
He says the two major changes to the act include the provision in which operators must consult with drivers about changes to regular hours and new flexibility arrangements for personal circumstances.
"It doesn’t bring about a lot of change that occurs in our industry – rosters and hours of work do change," he says.
"Operators that haven’t done it in the past now have to do it."
The PVTA contains a new model consultation clause which requires an employer to consult about changes to an employee’s regular roster or ordinary hours of work.
This requirement applies to enterprise agreements entered into in 2014.
The award also contains a new award flexibility clause which allows an employer and an existing employee to make a flexible work arrangement for up to 13 weeks for personal circumstances.
"It does give greater flexibility," says MacDonald.
"I think it’s a good thing."
Click here to view the article.
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Since the passage of the Fair Work (Amendment) Act 2013 the Fair Work Commission has been working on a number of changes to the Passenger Vehicle Transportation Award 2010 which also has ramifications for any new Enterprise Agreement entered into after the 1st January 2014. Similarly changes to the Fair Work Act 2009 have added industrial relation obligations upon employers which may be prescribed in an enterprise agreement.
APTIA members should be aware that:
Members need to be aware of the many changes to the fair Work Act 2010 and an up to date copy can be located by clicking on the PDF below.
Fair Work Act Volume 1 (2529 KB)
Fair Work Act Volume 2 (1699 KB)
No media download found.
Model Consultation Clause (15 KB)
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The Fair Work Commission has released a new model Consultation Clause which is required to form part of all new enterprise agreements. The model clause is the subject of consideration by the fair Work Commission and may change once the final draft is approved. APTIA will keep members advised of all changes.
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From 1 January 2014, the Fair Work Commission will have new jurisdictions to deal with anti‑bullying. APTIA members, who are Constitutional Corporations (i.e. Companies), will have to factor such claims into their day to day operations.
It has been necessary to amend the Rules under the Fair Work Act to deal with the service requirements for the anti‑bullying jurisdiction and to develop new forms to allow applications and to allow a response.
Attached to this Industry e-Alert is a number of draft Forms (Form F72 – Order to Stop bullying and Form 73 – Response from an employer/ principal) which will be available to both Employers and Employees to initiate and respond to applications.
The Fair Work Commission has estimated that there will be more than 6,000 applications in 2014 for Anti- Bullying Orders. APTIA Members must be ready for this circumstance from the 1st January 2014.
APTIA Members need to know if they receive an Application for an Anti Bullying Order from an employee, after the 1st January 2014:
APTIA members can access more information including information from Safe Work Australia on ‘Dealing with Workplace Bullying’ can be found by clicking on the attachments below.
Safe Work Australia - Dealing with Workplace Bullying (845 KB)
Fair Work Commission - Order to stop bullying (94 KB)
Fair Work Commission - Employer Response (94 KB)
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Below are two guides that you may find of assistance when managing the risk of fatigue in the workplace and when dealing with bullying.
This document provides practical guidance for persons conducting a business or undertaking and other duty holders on how to manage fatigue to ensure it does not contribute to health and safety risks in the workplace.
Managing the risk of fatigue at work (2836 KB)
This guide may help workers determine if workplace bullying is occurring and how the matter may be resolved. It provides information for workers who believe they may be experiencing or witnessing workplace bullying and those who have had a bullying report made against them.
Workplace Bullying Guide (845 KB)
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A special presentation has been provided by Piper Alderman, partner Peter Dwyer and Piper Alderman, senior associate, Maria Capati for its NSW clients dealing with death or serious injury in the workplace. This very important presentation has now been given to Queensland bus operators at the QBIC Annual Conference in April, Tasmanian bus operators, at the Tasbus Conference, in June and at the National IR Seminar to Victorian bus operators in July.
The presentation provides a timely alert to all bus operators on the steps they must take in the event of an employee being seriously injured or dying at work. It is based on a real life case study of the untimely death of a Brisbane Bus Lines employee at their bus depot in Brisbane and considers the experience of management and the legal process through the subsequent work cover investigation and prosecution.
Click on the attachment below to view the presentation:
APTIA Presenation - dealing with death & injury in the workplace (585 KB)
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The Rules of APTIA have been changed pursuant to a Special Meeting on the 18th June 2013. APTIA has sought certification from the Fair Work Commission to these changes.
Click on the PDF below to view the complete list of Rules of APTIA:
APTIA Rules (434 KB)
