Motor Vehicle Industry Award

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Motor Vehicle (Service Station, Sales Establishments,
Rust Prevention and Paint Protection) WA Industry
It
Award
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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
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Additional rates for ordinary hours
A full-time, part-time or casual employee shall be paid the following additional
loadings
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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
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alwaysfull-time/part-time
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+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.
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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:
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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.
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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:
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(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
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that customer service shall be maintained at all times.
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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
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It is recommended that an employer contact Wageline on 1300 655 266 before any termination, to
receive information about dismissal laws.
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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
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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.
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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.
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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.
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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
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pays
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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
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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
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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
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 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:
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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
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