It always pays to call Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) WA Industry It Award always pays to call Things to check as an employee or employer include: Pay rates Employment of children Allowances Overtime rates Public holidays Meal breaks Leave entitlements Dismissal laws and entitlements due on termination Time and wages record keeping Laws relating to taxation, superannuation, workers compensation, discrimination and occupational health and safety This award summary outlines only the most common entitlements within the Western Australian state system of industrial relations under the Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection) Industry Award No. 29 of 1980. It applies only to sole traders and partnerships. If the business is a Pty Ltd company, it does not apply. If you are unsure contact Wageline on 1300 655 266. To access the full version of the award, which details all entitlements and obligations, please visit www.wairc.wa.gov.au. Adult wages – apply as of the first pay period on or after 1 July 2015 Classification Motor Vehicle Industry Employee Level 1 Motor Vehicle Industry Employee Level 2 Motor Vehicle Industry Employee Level 3 Motor Vehicle Industry Employee Level 4 Weekly Hourly Casual 20% loading $679.90 $697.50 $721.30 $743.40 $17.89 $18.36 $18.98 $19.56 $21.47 $22.03 $22.78 $23.47 Junior wages – apply as of the first pay period on or after 1 July 2015 Age Under 16 years of age At 16 years of age At 17 years of age At 18 years of age At 19 years of age At 20 years of age % of level 2 Weekly Hourly Casual 20% loading 40% 50% 60% 70% 80% 90% $279.00 $348.80 $418.50 $488.30 $558.00 $627.80 $7.34 $9.18 $11.01 $12.85 $14.68 $16.52 $8.81 $11.02 $13.21 $15.42 $17.62 $19.82 1 Additional rates for ordinary hours A full-time, part-time or casual employee shall be paid the following additional loadings It always pays calculated to call as a proportion of the appropriate full-time employee’s total week rate, divided by 38, for each hour's work performed in ordinary time as prescribed hereunder: Day Monday to Friday On Saturday On Sunday On Public Holidays From 7:00am to 6:00pm Ordinary rate +25% of hourly full-time/part-time rate +75% of hourly full-time/part-time rate +100% of hourly full-time/part-time rate Between 6:00pm and 7:00am It alwaysfull-time/part-time pays to call +15% of hourly rate +40% of hourly full-time/part-time rate +90% of hourly full-time/part-time rate +115% of hourly full-time/part-time rate Employment of children Under the Children and Community Services Act 2004, it is illegal to employ children under the age of 13 in this industry. Children aged between 13 and 15 years may be employed in the industry only where they are considered to be working in a shop, retail outlet or restaurant. Children aged between 13 and 15 years may not work after 10:00pm or before 6:00am and the employer must have the written permission of the parent or guardian of the child. Children of any age may work as part of school program, in a family business (where the business is carried out by a parent or relative of the child), in a not-for-profit organisation or in a dramatic or musical performance or other form of entertainment or in the making of an advertisement. School aged children must not be employed during school hours unless the child is participating in a school program or has received an exemption from the Department of Education. A child under 18 must not be employed in a job that jeopardises their well being. Please contact Wageline on 1300 655 266 or visit the Commerce website at When Can Children Work? for employers, or Young Workers for employees for more information. Allowances Leading hand allowance An employee appointed by the employer as a leading hand shall be paid the following amount, in addition to the ordinary rate of pay, if placed in charge of: 3 to 10 employees 11 to 20 employees more than 20 employees $22.50 $34.60 $44.80 Meal allowance An employee required to work overtime for more than two hours, without being notified on the previous day or earlier, shall be supplied with a meal by the employer or be paid $8.60 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $5.90 for each meal so required. 2 Vehicle allowance An employee who is required and authorised to use their own motor vehicle in the course of their duties must be paid an allowance no less than that provided for in the table It below: always pays to call Area and Details Distance travelled during a year on official business Metropolitan Area South West Land Division North of 23.5° South Latitude Rest of WA Engine Displacement (in Cubic Centimetres) Over Over 1,600cc 1,600cc 2,600cc 2,600cc & Under 63.0 c/km 56.3 c/km 49.0 c/km 64.4 c/km 57.8 c/km 50.3 c/km It to c/km call 70.7 c/km 63.6 c/kmalways pays 55.4 66.6 c/km 59.6 c/km 51.8 c/km Motor cycle 21.7c/km Location allowance In addition to the rates prescribed in the wages clause of this award, an employee shall be paid a weekly allowance when employed in the towns prescribed by this clause for regional Western Australia. See the full version of the award at www.wairc.wa.gov.au for details. Hours and overtime The ordinary hours shall be an average of 38 hours per week to be worked on any day Monday to Sunday inclusive. The ordinary hours of work prescribed herein shall not exceed 10 in any day provided that up to 12 hours per day may be worked as ordinary hours by agreement between the employer and the majority of employees. All time worked in excess of the ordinary hours of work, between Monday and Saturday (before 12 noon), is paid for at overtime rates; time and one half for the first two hours and double time thereafter. In the calculation of overtime, each day stands alone. Please contact Wageline on 1300 655 266 to ensure that correct overtime rates are paid. Weekend work Overtime worked after 12 noon on Saturday or on a Sunday is paid at the rate of double time. Public holidays Full-time employees are entitled to public holidays (or days substituted for public holidays) without deduction of pay. Part-time employees are entitled to public holidays (or days substituted for public holidays) without deduction of pay if they would ordinarily be required to work on that day if it was not a public holiday. If a public holiday falls on a Saturday or Sunday, the following Monday will be considered to be the public holiday. However, if Boxing Day falls on a Sunday or Monday, the following Tuesday will be considered to be the public holiday. When a public holiday is substituted with another day, the public holiday itself is no longer considered a public holiday for the purposes of the award. Hours worked on a public holiday or substituted holiday must be paid at the rate of double time and a half. To view public holiday dates visit our website www.commerce.wa.gov.au. Meal breaks Where it is practicable to relieve an employee from the work station, an employee shall be allowed an unpaid meal break in accordance with the following: (i) more than 5 and up to 8 ordinary hours - 30 minutes; or (ii) more than 8 and up to 10 ordinary hours - 45 minutes; or (iii) more than 10 and up to 12 ordinary hours - 1 hour. An employee who is rostered to take an unpaid meal break and is prevented from doing so for more than one hour shall be paid at overtime rates for the period commencing at the scheduled meal break until the meal interval is taken. 3 Where it is not practicable for an employee to be relieved from the workstation for a rostered and uninterrupted meal break, a paid meal break shall be allowed to an employee in accordance with the following: It always pays to call (i) more than 5 and up to 8 ordinary hours - 20 minutes; or (ii) more than 8 and up to 10 ordinary hours - 30 minutes; or (iii) more than 10 and up to 12 ordinary hours - 45 minutes. Employees entitled to a paid meal break shall be allowed the meal break at the workstation to partake of meals and refreshments that would ordinarily be allowed for unpaid breaks. Provided It that customer service shall be maintained at all times. always pays to call Please contact Wageline on 1300 655 266 for more details or access the full version of the award at www.wairc.wa.gov.au. Leave entitlements The table below outlines the basic leave entitlements for employees covered by this award. For more information relating to leave entitlements, please contact Wageline on 1300 655 266 or access the full version of the award at www.wairc.wa.gov.au. Type of leave Annual leave Personal leave Bereavement leave Parental leave Long service leave Entitlement Full-time employees accrue 2.923 hours weekly; this amounts to 4 weeks a year (pro rata for part-time) which is allowed annually after a period of 12 months’ continuous service. Leave accumulates year to year. In addition, a loading of 17.5% applies. Provided that where the employee would have received any additional rates for work performed in ordinary hours, as prescribed by this award, had the employee not been on leave during the relevant period and such additional rates would have entitled him/her to a greater amount than the loading of 17.5%, then such additional rates shall be added to their ordinary rate of wage in lieu of the 17.5% loading. For the annual leave information page visit www.commerce.wa.gov.au. Full-time employees accrue 1.461 hours weekly; this amounts to 10 days a year (pro rata for part-time). This can be used for sick leave or carer’s leave and accumulates from year to year. For the personal leave information page visit our website www.commerce.wa.gov.au. Two days without deduction of pay per occasion for any employee (including casuals), applies on the death of a partner, parent, stepparent, grandparent, child, step-child, grandchild, sibling or any other member of the employee’s household. See the parental leave information on the Commerce website or contact Wageline on 1300 655 266 for details. 8.667 weeks after 10 years employment for any employee (including casuals), and a further 4.333 weeks every subsequent 5 years, with pro-rata payments due on termination any time after 7 years’ continuous employment. For the long service leave information page please visit our website www.commerce.wa.gov.au. Time and wages record keeping Employers must keep time and wages records which demonstrate that employees have been paid all entitlements under the relevant award or legislation. For information about time and wages record keeping, contact Wageline on 1300 655 266 or visit Record Keeping Requirements on the Commerce website. Termination 4 It is recommended that an employer contact Wageline on 1300 655 266 before any termination, to receive information about dismissal laws. It always pays to call Termination by employer Full-time and part-time employees may be terminated by the following period of notice (or payment in lieu): Employee's period of continuous service with the employer Not more than 1 year Period of notice* At least 1 week It always pays to call More than 1 year, but not more than 3 years At least 2 weeks More than 3 years, but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks If the employee is over 45 years old and has completed at least two years’ continuous service with the employer, an additional week is added to the required period of notice. *For employers the notice provisions of the award must be read in conjunction with those in the Fair Work Act 2009, as a greater period of notice may be required. Termination by employee An employee wishing to terminate his/her services with the employer needs to give one week's notice. During a probationary period (not exceeding eight weeks) an employee is not required to give notice to terminate the employment contract. Termination of a casual employee A casual employee may terminate or be terminated with one hour’s notice (or payment or in lieu of that notice period). Employees who do not provide the required notice as prescribed above, may be liable to forfeit certain entitlements. Please call Wageline on 1300 655 266 for more information. Redundancy Please contact Wageline on 1300 655 266 for information relating to redundancy. Other entitlements The Award also includes: Payment of wages Right of entry Settlement of disputes Country work To access the full version of the Award please visit www.wairc.wa.gov.au. 5 This Award Summary has only included the most common employee entitlements. To minimise the risk of non-compliance with WA employment laws, please contact Wageline on 1300 655 266 to clarify your understanding of this awardpays summary. It always to call Wageline offers advice and publications to assist employees and employers better understand their rights and obligations in the workplace. To keep informed and receive practical information on employment issues, please subscribe to Wageline’s email newsletters at It www.commerce.wa.gov.au/labourrelations.always pays to call Disclaimer: The Department of Commerce has prepared this WA award summary to provide information on pay rates and major award provisions. It is provided as a general guide only and is not designed to be comprehensive or to provide legal advice. The Department of Commerce does not accept liability for any claim which may arise from any person acting on, or refraining from acting on, this information. 6 Classifications During the first 8 weeks of employment a new employee who has no previous experience at that level may be paid the rates of pay prescribed for the level immediately below his/her classification It always pays to call whilst skills acquisition and on the job training is occurring. Motor vehicle industry employee level 1 An employee at this level performs routine duties essentially of a manual nature and to the level of his/her training: It a) performs general labouring and cleaning duties always pays to call b) exercises minimal judgement c) works under direct supervision d) is undertaking structured training so as to enable the employee to work at Level 2 e) provides customer service to the required standard. Level 1 employees carry out work connected with functions including: car washing/polishing (manual) provisioning of driveway supplies windscreen cleaning manual fuel dispensing Motor vehicle industry employee level 2 An employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of the employee’s training: a) b) c) d) works under direct supervision either individually or in a team environment understands and undertaken basic quality control/assurance procedures including (i) the ability to recognise the basic quality deviations and faults (ii) the ability to determine the level of action required and takes appropriate action having regard to the employee’s level of skills, competence and training provides customer service to the required standard exercises limited discretion within established procedures and limits Level 2 employees carry out work connected with the functions including: control of the automated car washing facilities including supervising Level 1 and rectifying faults stock counting and recording, replenishing and rotation maintenance of vehicle presentation standards of interior/exterior removal and replacement of minor panelling and application of rust proofing for routine vehicles under bonnet checks, tyre pressure checks and wheel changing assist with hire and sales transactions (eg trailers, vehicles, lawnmowers) assist with the provisions of on the job training greasing and lubrication servicing of vehicles (where no mechanical knowledge is required) Motor vehicle industry employee level 3 An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of the employee’s training: a) is responsible for the quality of the employee’s own work subject to routine supervision b) works under routine supervision either individually or in a team environment c) exercises discretion within the employee’s level of skills and training d) provides customer service to the required standard 7 Level 3 employees carry out work connected with the functions including: vehicle detailing wheel balancing, tyre repair and fitting assisting in console operation and all sales/hire/service/credit transactions It always pays to call co-ordination of rust proofing duties and perform non routine tasks Motor vehicle industry employee level 4 An employee at this level performs work above and beyond the skills of an employee at Level 3 It and to the level of the employee’s training: always pays to call a) works from complex instructions and procedures b) assists in the provision of on the job training c) co-ordinates work in a team environment or works individually under general supervision d) is responsible for assuring the quality of the employee’s own work e) provides customer service to the required standard Level 4 employees carry out work connected with the following functions: console operators working alone responsible for customer/supplier requirements and/or who are responsible for the work of Level 3 console operators advanced stock control procedures including ordering and receiving 8