Also, feel free to call the FWO. They are (mostly) helpful in helping understand and navigate this, and part of their services help employers navigate this. But also note that nothing beats engaging a specialist HR Lawyer.
Our P&C association has recently had an issue where the FWO provided an opinion on an award that was incorrect (and pointedly so because the matter is currently in tribunal with the FWO defending a contrary position to the advice they gave), and the legal team we ended up consulting attached to the NSW P&C Federation was able to provide us about 15 years of case history to show the correct answer. That’s just illustrative - but basically, it is worth checking! Andrew Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: AusNOG <[email protected]> on behalf of Terry Sweetser <[email protected]> Sent: Saturday, August 27, 2022 8:48:11 AM To: [email protected] <[email protected]> Subject: Re: [AusNOG] modern awards Hi NOGGERS, I suggest a quick look at: https://awardviewer.fwo.gov.au/award/show/MA000041#P1634_133943 Applies (quoted): For the purposes of clause 4<https://awardviewer.fwo.gov.au/award/show/MA000041#P102_5334> telecommunications services industry means any business: (a) whose principal function is a telecommunications service carrier;or (b) whose principal function is a carriage service provider or a content service provider;or (c) whose principal function is the supply of telecommunications services including value added telecommunications services;or (d) whose principal function is incidental,ancillary or complementary to the businesses referred to in clauses 4.2(a)<https://awardviewer.fwo.gov.au/award/show/MA000041#P106_5805>,4.2(b)<https://awardviewer.fwo.gov.au/award/show/MA000041#P107_5876> and 4.2(c)<https://awardviewer.fwo.gov.au/award/show/MA000041#P108_5968>;or (e) which supplies labour to a business in the telecommunications services industry on a labour hire basis in respect of any such labour hire employees while engaged in the performance of work for a business in the telecommunications services industry. IANAL, but B and D look close “enough” for webhosting companies. The award does NOT cover technologists and engineers. And of course, read the NES at https://www.fwc.gov.au/documents/awardmod/download/nes.pdf TCS From: AusNOG <[email protected]> on behalf of Rob Thomas <[email protected]> Date: Saturday, 27 August 2022 at 8:33 am To: Greg Lipschitz <[email protected]> Cc: [email protected] <[email protected]> Subject: Re: [AusNOG] modern awards Oh, and the link to download the actual PDF is https://portal.fairwork.gov.au/ArticleDocuments/872/business-equipment-award-ma000021-pay-guide.pdf.aspx - summary is $21.94 to $27.75. --Rob On Sat, 27 Aug 2022 at 08:30, Rob Thomas <[email protected]<mailto:[email protected]>> wrote: I feel it's 100% on topic, and whilst I don't have any award employees here in au, EXTREMELY useful to know the right one to use when we need it! Thanks Greg and Nick. --Rob On Sat, 27 Aug 2022 at 08:17, Greg Lipschitz <[email protected]<mailto:[email protected]>> wrote: Hi Nick I would have said that that is the wrong award as it’s for Retail. (Think shop assistant etc) Perhaps look at MA000021 Examples of employees covered by the Business Equipment Award include: * technical employees and technicians https://www.fairwork.gov.au/employment-conditions/awards/awards-summary/ma000021-summary That seems more appropriate. Cheers Greg Greg Lipschitz | Founder & CEO | Summit Internet [email protected]<mailto:[email protected]> summitinternet.com.au<http://summitinternet.com.au> 1300 049 749<tel:1300%20049%20749> Unit 2, 31-39 Norcal Road, Nunawading VIC 3131<https://www.google.com/maps?cid=12522583051503623677&_ga=2.149009334.1057584350.1554770858-1081443428.1554770858> [X][cid:182dc450b1bacbdb971] [cid:182dc450b1ba293f5452] [Summit Internet]<http://summitinternet.com.au/> [cid:182dc450b1b3034fa364] ________________________________ From: AusNOG <[email protected]<mailto:[email protected]>> on behalf of Nick Edwards <[email protected]<mailto:[email protected]>> Sent: Friday, August 26, 2022 10:05:01 PM To: [email protected]<mailto:[email protected]> <[email protected]<mailto:[email protected]>> Subject: [AusNOG] modern awards Hi, Just been asked to ensure staff are paid at correct rates, I am satisfied they are, however one guy has questioned it, he's not making a fuss, but it's got me thinking, so I thought I'd ask the community here who surely would know, before I go contacting and waiting 3 months for a reply from FWA - before this dude just make a fuss :now we have a union run govt -> This is a webhosting company, only 6 employees, the guy is one of 3 helpdesk tech support CSR's, he questions he is in the correct award, we have him under MA000041 and cust contact level 1 (he has no special qualifications and doesnt have server level access, your typical run of the mill tech support dude) Anyone see this as a problem? OFF list replies welcome, since I think this might exceed the list charter, to which I apologise for in advance. Ed _______________________________________________ AusNOG mailing list [email protected]<mailto:[email protected]> https://lists.ausnog.net/mailman/listinfo/ausnog
_______________________________________________ AusNOG mailing list [email protected] https://lists.ausnog.net/mailman/listinfo/ausnog
