The Australian Industrial Relations Commission (AIRC) has decided to delay the phasing in of new penalty rates under the Rudd Government's new modern awards, however, there was more news on the award modernisation front for individual industries.

Federal Workplace Relations Minister, the Hon. Julia Gillard MP has directed the AIRC to preserve provisions for flexible hours and casuals' pay rates in the modernised horticultural industry award. Furthermore, the Minister has varied the award modernisation request to acknowledge union concerns over in-house call centre workers' safety net, and asked the AIRC to also examine the provision of part-time penalty rates in the modern retail and pharmacy Awards. The details for these industries are set out below:

Horticultural

The Minister has varied her award modernisation request to:

• ask that the Commission enable employers to continue to pay piece rates to casual employees who pick produce, as opposed to a minimum rates supplemented by an incentive-based payment;
• have regard to the perishable nature of the produce grown by particular sectors when setting hours of work provisions for employees who pick and pack; and
• seek roster arrangements and working hours that are sufficiently flexible to accommodate seasonal demands and weather restrictions on when work can be performed.

In-house call centre employees in the clerical and banking and finance industries

The Minister has amended her request to provide that where a modern award applies to employees whose work is receiving calls, using call centre technology and entering and retrieving data, the Commission should establish working hours and penalty rates arrangements that are substantially based on those that presently apply.

Retail, pharmacy and "other industries the Commission views as relevant"

The Minister has requested the Commission ensure that the hours of work and overtime penalty arrangements do not operate to discourage employers from:

• offering additional hours of work to part-time employees; and
• employing part-time rather than casual employees.

If any VECCI members have concerns about award modernisation, please email fairworkfeedback@vecci.org.au

In addition, VECCI’s FREE Fair Work Act Briefings continue throughout Melbourne and regional Victoria. To find out the dates and locations of the unfair dismissal sessions, or to register for a session, please click here or call 03 8662 5333.