The Fair Work Commission has recently clarified the way some Award provisions apply, and made minor amendments to the Security Services Industry Award.
What Are the Changes?
Effective 18 June 2020, the Fair Work Commission (FWC) has clarified the way some Award provisions apply, and made minor amendments to the Award itself, including:
The year in the Award name has changed from 2010 to 2020. The Award will be called the Security Services Industry Award 2020.
If you choose to operate a roster, the average of 38 ordinary hours per week can now be worked in a number of ways over a roster cycle of 2 to 8 weeks.
The Award coverage has expanded to include trainees employed by a group training employer and hosted by an employer covered by the Award, and the group training employers of those trainees.
A new clause has been added which highlights the employment conditions which may be varied by agreement with an individual employee or a majority of employees.
The FWC has clarified that where an employee is receiving over-award payments, the employee is entitled to receive the higher rate when taking annual leave.
The FWC has clarified that in the circumstance where you must temporarily close down your business (or part of) and require employees to take annual leave, you must give no less than 28 days’ written notice. Previously, the Award stated you had to provide ‘one month’s notice’, so this change clarifies that it is 28 days.
The FWC has clarified that employees are entitled to be represented in any discussions about an agreement to introduce 12-hour shifts. Previously, representation was limited to just negotiating an agreement, so this change expands the times in which an employee can have representation.
‘Crib breaks’ are now known as ‘rest breaks’ under the Award. The FWC has also clarified that when an employee works for four hours or more, but less than 8, they are entitled to a paid 10-minute rest break.
If you choose to operate a roster, the FWC have now made it a specific requirement of the Award to show the employee’s name on the roster, along with start and finish times. Practically, this will unlikely change how you operate your rosters, but it is important to understand that failure to do this will be considered a breach of the Award.
What Do I Need To Do?
If you wish to vary any Award terms, Employsure recommends that you get in touch with a workplace relations expert before you do.
If you choose to operate a roster, review the Award to understand the different ways you can do this over a 2 to 8 week period. Employsure recommends that you get in touch with a workplace relations expert if you need assistance in applying this.
Ensure you provide 28 days’ written notice to employees if you require an employee to use annual leave as part of you temporarily closing down your business, or part of your business.
If you choose to operate a roster, ensure you comply with the requirements of displaying the roster (eg name, start time, finish time).
Ensure you provide your employees paid rest breaks in accordance with the Award. Employsure recommends that you get in touch with a workplace relations expert if you wish to vary the wording from ‘crib breaks’ to ‘rest breaks’ in any of your documents. However, this is not a legal requirement.
If you pay above the Award, you should continue to pay employees their ordinary rate when they take paid annual leave.
How Can Employsure Help Me?
Not a client? If you need help understanding and implementing these changes, please contact Employsure on 1300 651 415 and we can give you free, initial advice on this topic. If you’d like more help implementing these changes in your business and are interested in ongoing support, Employsure can help you.
Employsure clients affected by the changes to the Security Services Industry Award have been notified of these changes by email. Get in contact with Employsure if you have any trouble understanding or implementing these changes.
Frequently Asked Questions
When Did These Changes Come Into Effect?
These changes came into effect on 18 June 2020.
Has the Pay Rate Schedule Changed?
Yes, the Pay Rate Schedule for the Security Services Industry Award has changed.
Do You Need Help Understanding These Changes to the Security Services Industry Award?
Not a client? If you do need help understanding and implementing these changes, feel free to ring Employsure on 1300 651 415. We can give you free, initial advice on these changes to the Security Services Industry Award.
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