Each year, following the publication of the final Wage and Expense Determinations of the Fair Work Commission as a result of the National Wage Case, the ACAPMA Employment Department produces a summary of the new pay rates and key provisions for the fuel industry Awards in the form of a Quick Reference Guide.  These Quick Reference Guides do not cover all of the provisions of the Award, just the most common.  These Quick Reference Guides are circulated prior to 1/7 each year to allow members to understand the changes and update their internal systems ready for the standard increase.  ACAPMA Members have now received their copies of the Guides.

As explored here;  https://acapmag.com.au/2022/06/national-wage-case-2022-implications/ the pay rates for the fuel industry Awards will be impacted as follows;

  • Award:  Clerks – Private Sector Award 2020
    Applies to:  Administrative Staff
    Applies from: the first full pay period on or after 1/7/2022, the pay rate increased and will apply until 30/6/2023
  • Award:  Road Transport and Distribution Award 2020
    Applies to:  Fuel wholesale and transport Staff
    Applies from: the first full pay period on or after 1/7/2022, the pay rate increased and will apply until 30/6/2023
  • Award:  Vehicle Repair Service and Retail Award 2020
    Applies to:  Fuel Retail Staff – console operator, roadhouse attendant, driveway attendant
    Applies from: the first full pay period on or after 1/7/2022, the pay rate increased and will apply until 30/6/2023

APPLYING AND COMMUNICATING THE INCREASE

It is important to note that the increases will have a flow on effect to other employment instruments.  If the business uses an Individual Flexibility Agreement (IFA) or Collective/Enterprise Bargaining Agreement (CA/EBA), then it is a requirement that the rates within those Agreements “keep pace” with the Award, this means that when the Award increases the rates in those Agreements will (almost always) increase as well.

It is also important to communicate this to staff.  It is best practice to issue staff with a Confirmation of Employment each year to ensure that staff understand their employment, their status, the employment instrument that applies to them and their classification under that instrument – as well as other vital information like guaranteed hours, entitlement to paid leave and termination and notice requirements.

ACAPMA has produced a Confirmation of Employment Packs for Permanent and Casual staff that can be edited digitally or printed and filled in onsite.  Remember to provide a copy for the staff and a copy for the business.  These documents have been attached to this email for your reference – if you need any assistance with this please reach out to employment@acapma.com.au

ACAPMA QUICK REFERENCE GUIDES

ACAPMA has released the following Quick Reference Guides that are available to ACAPMA Members;

  • Clerks – Private Sector Award 2020
    For administrative staff
    ACAPMA Wage Guide – Admin Clerks Award 2022-2023 
  • Road Transport and Distribution Award 2020
    For fuel wholesale and transport staff
    ACAPMA Wage Guide – Transport RTD Award 2022-2023 
  • Vehicle Repair Service and Retail Award 2020
    For fuel retail staff – console operator, roadhouse attendant, driveway attendant
    ACAPMA Wage Guide – Retail VRSR Award 2022-2023

FREQUENTLY ASKED QUESTIONS

I employ under an Individual Flexibility Agreement (IFA), do I have to do anything?
If your business is engaging staff under the Award but with the use of an IFA to create a common hourly (or Racked) rate to account for allowances and other penalties it is important that you review the IFA to ensure that the employees are still Better Off Overall, when the new pay rates and allowance calculations are taken into account.

I employ under an Enterprise or Collective Agreement, do I have to do anything?
If your business is engaging staff under an Enterprise or Collective Agreement it is important that you review the Agreement to ensure that the employees are still Better Off Overall, when the new pay rates and allowance calculations are taken into account.

Do I have to pass on the pay increase?
If your business is currently paying Award rates, then yes you will need to pass on the increase.  However, if you are currently paying above Award rates and have identified the right of absorption, then you have the option of absorbing some or all of the increase, and thus not increasing rates paid to staff, or increasing by a lesser amount.  ACAPMA Members are reminded that they can direct questions to employment@acapma.com.au

What if I pay above Award rates now?
If your business is currently paying staff above the rates that are listed in the Award and Quick Reference Guides at the particular dates, then you can choose to ‘absorb’ the pay rate increase into the above Award amounts, which would mean that you would not need to increase your pay rate – but ONLY if you have provision to absorb Award rate increases in your engagement documents.  It is important to ensure that all amounts, including allowances are above those in the attached.  It is up to the business if they choose to communicate to staff that the recent National Wage Case and Award Rate increases have been absorbed into the current above Award pay rates that the employee is receiving and as such their pay rate will not be changing at this time.

Do I have to tell my staff?
While you do not have to notify staff of this change to the pay rates, it is best practice to communicate to your staff at least once a year to confirm their employment conditions.  A new financial year and the pay rate changes offers an excellent opportunity to do this.  Ideally a Confirmation of Employment Letter, which is similar to a Letter Of Offer, should be sent to employees.  Like the Letter Of Offer the Confirmation of Employment Letter would include; business name, job role, employment instrument, classification under that instrument, as well as other business specific employment conditions or benefits.  ACAPMA Members are provided with template Confirmation of Employment Letters to facilitate this process

Can I get some help?

As always ACAPMA Members can gain access to further information or assistance with this or any other employment issue via employment@acapma.com.au

IMPORTANT LINKS 

  • National Wage Case Decision 2022/2023
  • Clerks Private Sector Award 2020
  • Road Transport and Distribution Award 2020
  • Vehicle Repair Service and Retail Award 2020

ACAPMA members are reminded that the ACAPMA Employment Professionals are available to assist with employment, safety and training compliance. For more information email employment@acapma.com.au

HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by emailing employment@acapma.com.au  its free for members. ACAPMA membership is affordable at only $810 per year for a single site and valuable with sites gaining HR and IR advice support and representation as well as a raft of other benefits and discounts.

Elisha Radwanowski BCom(HRM & IR)

ACAPMA

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