festive season contents enjoy the party · melbourne vic 3004 9829 1111 vacc.com.au 1 december 2017...

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December 2017 1 VACC/TACC VACC Industrial Relations 9829 1123 OHS 9829 1265 Environmental Unit 9829 1117 VACC House 464 St Kilda Road Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents Public holidays December 2017/January 2018 2 Christmas closure 2 Vale Gary McKendry 3 Obligation to offer permanent employment to casuals 3 Staying safe when the heat is on 5 Is it carer’s leave or annual leave? 7 Employing voluntary emergency workers 7 Divisional accredited applications 8 Membership applications 8 Most employers spend a lot of time and money organising end of year festivities. However employers may forget about their obligations to employees with respect to health and safety. These obligations apply regardless of whether the functions are held at or away from the workplace, or during or after working hours. It is important that employers and employees both understand that participating in celebratory functions is considered a ‘work-related activity’ that trigger the operation of workplace health and safety, anti-discrimination, workplace bullying and sexual harassment laws. Detailed below is an action plan to minimise members’ liability by taking all reasonable steps to prevent the occurrence of unlawful or unsafe partying. Action plan Members should: remind all employees (from shop floor to managers) that even though the function is held away from the workplace and after hours, the usual workplace standards of behaviour apply review relevant workplace policies including sexual harassment, workplace bullying, discrimination and use of social media (consider issues such as posting party photos online and sending Tweets and text messages about the party) ensure that managers and employees are familiar with the workplace harassment and bullying policies and organise refresher training or redistribute policies if necessary remind managers and supervisors that they have a responsibility at staff functions to supervise the function to prevent inappropriate behaviour and excessive drinking remind employees about the range of disciplinary actions that can be taken if they engaging in bullying, discrimination or harassment FESTIVE SEASON Enjoy the party but avoid the pitfalls appoint someone who will not be drinking alcohol as the “responsible person” to monitor the event and deal with any issues that arise including closing the function if it becomes necessary remind employees that name-calling, and making references to employees’ sexual preference or sexual life will not be tolerated advise employees that certain items are not appropriate as Kris Kringle presents (e.g. no items from “adult shops”) ensure that ‘acts’ or ‘skits’ at any staff concert or performance are within the boundaries of workplace discrimination and harassment legislation (e.g. no racist or sexist jokes) set starting and finishing times for the function suggest a dress code, and advise employees that any after function activities are not part of, or an extension of, the employer organised function. Alcohol consumption Members should: appoint managers and supervisors to check that apprentices and junior employees are over 18 years if they will be consuming alcohol ask employees to prearrange transport to and away from the venue of the function and consider organising carpooling or providing subsidised transport (e.g. hired bus or limited reimbursement of taxi fares) issue a general memorandum about the responsible consumption of alcohol (VACC Industrial Relations can provide you with one) place limits on alcohol consumption (e.g. provision of light beer), and ensure that food, soft drinks, juice and water are served at the function. For more information, please contact VACC Industrial Relations.

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Page 1: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 2017 1

VACC/TACC VACC Industrial Relations 9829 1123

OHS 9829 1265

Environmental Unit 9829 1117

VACC House 464 St Kilda Road Melbourne VIC 3004 9829 1111

vacc.com.au

1 December 2017 Volume 57 No.11

Contents

Public holidays December 2017/January 2018 2

Christmas closure 2

Vale Gary McKendry 3

Obligation to offer permanent employment to casuals 3

Staying safe when the heat is on 5

Is it carer’s leave or annual leave? 7

Employing voluntary emergency workers 7

Divisional accredited applications 8

Membership applications 8

Most employers spend a lot of time and money organising end of year festivities. However employers may forget about their obligations to employees with respect to health and safety. These obligations apply regardless of whether the functions are held at or away from the workplace, or during or after working hours.

It is important that employers and employees both understand that participating in celebratory functions is considered a ‘work-related activity’ that trigger the operation of workplace health and safety, anti-discrimination, workplace bullying and sexual harassment laws.

Detailed below is an action plan to minimise members’ liability by taking all reasonable steps to prevent the occurrence of unlawful or unsafe partying.

Action planMembers should:

• remind all employees (from shop floor to managers) that even though the function is held away from the workplace and after hours, the usual workplace standards of behaviour apply

• review relevant workplace policies including sexual harassment, workplace bullying, discrimination and use of social media (consider issues such as posting party photos online and sending Tweets and text messages about the party)

• ensure that managers and employees are familiar with the workplace harassment and bullying policies and organise refresher training or redistribute policies if necessary

• remind managers and supervisors that they have a responsibility at staff functions to supervise the function to prevent inappropriate behaviour and excessive drinking

• remind employees about the range of disciplinary actions that can be taken if they engaging in bullying, discrimination or harassment

FESTIVE SEASON

Enjoy the party but avoid the pitfalls

• appoint someone who will not be drinking alcohol as the “responsible person” to monitor the event and deal with any issues that arise including closing the function if it becomes necessary

• remind employees that name-calling, and making references to employees’ sexual preference or sexual life will not be tolerated

• advise employees that certain items are not appropriate as Kris Kringle presents (e.g. no items from “adult shops”)

• ensure that ‘acts’ or ‘skits’ at any staff concert or performance are within the boundaries of workplace discrimination and harassment legislation (e.g. no racist or sexist jokes)

• set starting and finishing times for the function

• suggest a dress code, and

• advise employees that any after function activities are not part of, or an extension of, the employer organised function.

Alcohol consumptionMembers should:

• appoint managers and supervisors to check that apprentices and junior employees are over 18 years if they will be consuming alcohol

• ask employees to prearrange transport to and away from the venue of the function and consider organising carpooling or providing subsidised transport (e.g. hired bus or limited reimbursement of taxi fares)

• issue a general memorandum about the responsible consumption of alcohol (VACC Industrial Relations can provide you with one)

• place limits on alcohol consumption (e.g. provision of light beer), and

• ensure that food, soft drinks, juice and water are served at the function.

For more information, please contact VACC Industrial Relations.

Page 2: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 20172

Penalty rates of pay apply to employees required to work on the above public holidays as follows:• All employees except console operators, driveway and roadhouse attendants and casuals employed in any classification: Double time and a half• Console operators, driveway and roadhouse attendants employed on a full time or part time basis (i.e. weekly hired): Double time• Casual console operators, driveway, and roadhouse attendants: Flat rate applicable to Saturday, Sunday and

public holidays is payable• Vehicle Salespeople: By mutual agreement a day off in lieu, otherwise double time and a half rates will apply.+• Other casuals (working in any class of work): 175 per cent loadingDouble time means ‘single time’ extra for the hours actually worked in addition to the ordinary days wages payable on the day the public holiday falls.Double time and a half means ‘time and a half’ extra for the hours worked in addition to the ordinary day’s wages payable on the day the public holiday falls.

+Double time and a half for salespersons means:• If more than half a day is worked, half of the salesperson’s weekly rate of pay calculated as follows:Weekly wage rate is $809.10, they get an additional $242.73 (which is $809.10 divided by 5 = $161.82 x 1.5)• If half a day or less is worked, one quarter of the salesperson’s weekly rate of pay calculated as follows:Weekly wage rate is $809.10 they get an additional $121.37 (which is half of $242.73).

Public holidays: December 2017/January 2018The following public holidays apply to the Christmas/New Year period under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 and Clerks - Private Sector Award 2010

Holiday trading arrangements In Victoria

Public Holidays Service stations, roadhouses, towing and roadside repairs, and car rental establishments

Workshops, wreckers, car washing establishments, motor car parts and accessories

New and used car show rooms and yards and motorcycle establishments

Monday, 25/12/2017 Christmas Day

May trade No trading if more than 20 employees AND at any time during the period of 7 days immediately before that time, the number of persons employed by the business and its related entities is no more than 100 (a full-time equivalent basis

No trading if more than 20 employees AND at any time during the period of 7 days immediately before that time, the number of persons employed by the business and its related entities is no more than 100 * (a full-time equivalent basis

Tuesday, 26/12/2017 Boxing Day

May trade May trade May trade

Monday, 1/1/2018 New Year’s Day

May trade May trade May trade

Friday, 26/1/2018 Australia Day

May trade May trade May trade

*For the purposes of calculating the 100, employees employed in branches or in associated businesses count.

In Tasmania

If the number of persons employed in that business or those businesses in Tasmania exceeds 250 persons

All other businesses

Monday, 25/12/2017 Christmas Day Must not be open at any time May trade

Tuesday, 26/12/2017 Boxing Day May trade May trade

Monday, 1/1/2018 New Year’s Day May trade May trade

Friday, 26/1/2018 Australia Day May trade May trade

This year, VACC will close during the Christmas/New Year period from 27 December 2017 until 2 January 2018. This is traditionally a quiet time as many members have their annual closedown at this time.

Some departments will remain open with skeleton staff. VACC Industrial Relations will continue to provide a

Christmas closureVACC Industrial Relations will remain open for member enquiries

service to members over the closure period but with reduced staff. To assist the department it would be helpful if members submitted for any requests for annual and long service leave calculations prior to 22 December 2017.

It would also assist the department if members take note of articles in the Update explaining any business

operating restrictions applicable for public holidays over the Christmas/New Year period and public holidays pay entitlements for employees who work on the public holidays.

Page 3: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 2017 3

Obligation to offer permanent employment to casualsA recent Federal court ruling has reinforced a casual employee’s right to request to convert to permanent full-time employment and highlights the need to comply with award and contractual arrangements. In this case, a company was fined in excess of $40,000 for refusing to grant an employee’s request to convert to permanent full-time employment.

An enterprise agreement covering the business had a clause allowing casuals, working on a regular and systematic basis for more than six months, to elect to convert to permanent employment.

The Vehicle Manufacturing Repair, Services and Retail Award, has a similar

Gary McKendry of Gary Mac’s Auto Group in Cranbourne sadly passed away on Friday, 27 October 2017. Gary joined VACC in 1999 and was elected to the Automotive Dismantlers and Recyclers Division Executive Committee in 2004.

While on the ADRD Executive Committee, Gary was elected as Chair from 2005 to 2010, and he was also elected to the Board of Management in 2005, holding

VALE Gary McKendrythat position until his passing. Major issues that Gary was passionate about included end of life vehicles, the uptake of environmental initiatives and a national voice for recyclers.

Gary was well liked by his industry peers and VACC staff. He was a strong supporter of VACC and our industry initiatives.

He was well respected and well known in the industry as an advocate for recyclers and will be sadly missed.

casual conversion clause, since the award was introduced on 1 January 2010. This clause provides a casual employee, working regular and systematic hours for a period of six months (the conversion period) with the right to elect to have their working arrangements converted to either full-time or part-time employment. The right to convert is based on the nature of their working arrangements. In other words, if the employee is working 38 hours of work on a regular or systematic basis for the conversion period, the employee has a right to request permanent full-time employment.

An employee’s right to convert is currently confined to employees covered by the VMRSR Award. As a result of a Fair Work Commission decision during the four review of modern awards a conversion clause will also be inserted in the Clerks–Private Sector Award. An operative date has yet to confirmed by the Fair work Commission.

Award obligation to give written notification of right to electSubject to a casual employee’s employment continuing beyond the conversion period, an employer is required to give the employee notice in writing advising the employee of their right to elect to convert to permanent employment.

• Written notification must be provided by an employer within four weeks of the employee reaching the conversion period

• If an employee does not reply in writing within four weeks of receiving the written notification, they are deemed to have elected against any conversion

• If the employer does not write to the employee within the prescribed time frame, the right of election is not lost to an employee at a future time

Where a casual employee elects to convert to permanent employment, the clause allows an employer to refuse an election to convert, however this right can only be exercised after discussions have been held with the employee in an attempt to reach agreement on alternative working arrangements.

Where a casual employee converts to either permanent part-time or full-time employment, the casual would forfeit their casual loading. After the conversion date, the employee would then be entitled to accrual of leave entitlements.

VACC Industrial Relations has a pro forma letter a business can send to a casual employee to comply with their award obligations. The letter requires a casual to formally make an election as to whether they wish to remain employed on a casual basis or convert to permanent employment. This letter forms an important and essential record to confirm whether the casual employee wants to retain their casual status or convert to permanent employment and can be used by an employer in the event there is any dispute regarding employment status.

Page 4: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

October 20164

Commonwealth BankThe Commonwealth Bank VACC EFTPOS deal offers members competitive rates and fees. For more information go to vacc.com.au/eftpos

TNTOffers exclusive low rates for members on a wide range of on-demand, time-sensitive, door-to-door freight services within Australia and around the world. Call Luke Kearney at VACC on 03 9829 1156 for an Application Form or download from vacc.com.au (Member’s Section).

PrushkaPrushka offers a Collection Service at special rates for VACC members. To find out more go to vacc.com.au/debtcollection

RemondisRemondis offers a waste collection service for VACC members at exclusive rates. To find out more call Luke Kearney at VACC on 03 9829 1156.

BupaThe VACC Corporate Health Plan offers members and their staff a wide range of choice of Hospital and Extras Health Cover. Call Bupa on 134 135 & quote ID 2097845

JOIN NOW AND GET 6 WEEKS FREEWe understand that your health is important. That’s why we’re offering you 6 weeks free cover when you take out both hospital and extras cover through the VACC health plan.*

GAP FREE GENERAL DENTAL AND PHYSIO FOR KIDSWe’ll cover the cost of your kids’ general dental and physio until they turn 25 at Members First providers~

NO GAP OPTICAL PACK AGESYou’ll have access to the ‘no gap’ range of fixed-priced packages on glasses and contact lenses at no additional cost^ if you visit our Members First optical providers including: BLINK Optical, Kevin Paisley Fashion Eyewear, National Pharmacies Optical, Prevue Eyewear, Stacey and Stacey Optometrists and selected independent retailers.

GAP FREE SAME DAY TREATMENTAt Members First day facilities, you will experience no out-of-pocket medical or hospital expenses for same day treatments.#

AUSTRALIA’S LARGEST COMBINED PROVIDER NETWORKGet more back from more places with Members First providers.**

MEMBER DISCOUNT PARTNERSKeep your mind and body active with some great member discounts on things like gym memberships, movie vouchers and theme park entry. With a wide range on offer there’s something for everyone. Visit bupa.com.au/MemberExclusives.

Y O u r V A C C h E A L T h C O V E r B E N E F I T S A T A G L A N C E

*Only for new customers on new hospital and extras cover policies issued by Bupa Australia Pty Ltd ABN 81 000 057 590, paying by direct debit or payroll deduction (if available) before 31 December 2013. Six weeks free after initial payment. Not with other offers. ~For most items when treatment is provided by a Members First dentist or physiotherapist. Available on ultimate health Cover, Silver, Gold and Platinum Extras covers when taken with hospital cover on a family membership, on most services. Fund rules, waiting periods and annual maximums apply. Child dependants only. Includes Major Dental in VIC and SA only. Excludes orthodontics and hospital treatments. ^On selected optical packages. Fund rules, waiting periods and annual maximums apply. #Available in NSW, QLD, SA, TAS, VIC and WA. **Effective 1 January 2013 for dental, optical, physio and chiro providers. Bupa Australia Pty Ltd ABN 81 000 057 590. 11321-05-13P.

134 135 [email protected] Drop by your local Bupa centre

Cut the cost of businessImprove your bottom line with special deals on these essential business services

For more information: Call VACC on 9829 1156

OurAuto iStoreVisit the new look OurAuto iStore. There’s a whole new range of promotional products to choose from. Members are eligible for a 15% discount. Visit autoistore.com.au

OurAuto InsuranceOurAuto Insurance is new business insurance designed by the automotive industry for Australian automotive businesses. Challenge OurAuto Insurance to find a better and fairer insurance deal for your business.Call 1300 441 474 or visit ourautoinsurance.com.au

OurAuto DigitalOurAuto Digital offers a professional website design service that includes domain management, hosting, email management and Search Engine Marketing. Our websites are designed to be self-managed and we offer a range of options and expansions to ensure that your website is as individual as your business. Go to ourauto.com.au to find out more

StaplesStaples offers VACC members a comprehensive range of business and workshop supplies that can be conveniently purchased from a single source. Call Luke Kearney at VACC on 03 9829 1156 to request an Application Form.

MTAA SuperMTAA Super is the national industry-based superannuation fund for the motor trades and allied industries. Go to mtaasuper.com.au or call 1300 362 415 to find out more

OurAuto Scan ToolOurAuto Scan Tool saves customers large upfront costs, by providing a convenient monthly subscription offer. The easy-to-use OurAuto Scan-Tool comes software-enabled, and provides auto-detection, top range health reports and has regular monthly updates. Visit autoistore.com.au

Page 5: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 2017 5

Commonwealth BankThe Commonwealth Bank VACC EFTPOS deal offers members competitive rates and fees. For more information go to vacc.com.au/eftpos

TNTOffers exclusive low rates for members on a wide range of on-demand, time-sensitive, door-to-door freight services within Australia and around the world. Call Luke Kearney at VACC on 03 9829 1156 for an Application Form or download from vacc.com.au (Member’s Section).

PrushkaPrushka offers a Collection Service at special rates for VACC members. To find out more go to vacc.com.au/debtcollection

RemondisRemondis offers a waste collection service for VACC members at exclusive rates. To find out more call Luke Kearney at VACC on 03 9829 1156.

BupaThe VACC Corporate Health Plan offers members and their staff a wide range of choice of Hospital and Extras Health Cover. Call Bupa on 134 135 & quote ID 2097845

JOIN NOW AND GET 6 WEEKS FREEWe understand that your health is important. That’s why we’re offering you 6 weeks free cover when you take out both hospital and extras cover through the VACC health plan.*

GAP FREE GENERAL DENTAL AND PHYSIO FOR KIDSWe’ll cover the cost of your kids’ general dental and physio until they turn 25 at Members First providers~

NO GAP OPTICAL PACK AGESYou’ll have access to the ‘no gap’ range of fixed-priced packages on glasses and contact lenses at no additional cost^ if you visit our Members First optical providers including: BLINK Optical, Kevin Paisley Fashion Eyewear, National Pharmacies Optical, Prevue Eyewear, Stacey and Stacey Optometrists and selected independent retailers.

GAP FREE SAME DAY TREATMENTAt Members First day facilities, you will experience no out-of-pocket medical or hospital expenses for same day treatments.#

AUSTRALIA’S LARGEST COMBINED PROVIDER NETWORKGet more back from more places with Members First providers.**

MEMBER DISCOUNT PARTNERSKeep your mind and body active with some great member discounts on things like gym memberships, movie vouchers and theme park entry. With a wide range on offer there’s something for everyone. Visit bupa.com.au/MemberExclusives.

Y O u r V A C C h E A L T h C O V E r B E N E F I T S A T A G L A N C E

*Only for new customers on new hospital and extras cover policies issued by Bupa Australia Pty Ltd ABN 81 000 057 590, paying by direct debit or payroll deduction (if available) before 31 December 2013. Six weeks free after initial payment. Not with other offers. ~For most items when treatment is provided by a Members First dentist or physiotherapist. Available on ultimate health Cover, Silver, Gold and Platinum Extras covers when taken with hospital cover on a family membership, on most services. Fund rules, waiting periods and annual maximums apply. Child dependants only. Includes Major Dental in VIC and SA only. Excludes orthodontics and hospital treatments. ^On selected optical packages. Fund rules, waiting periods and annual maximums apply. #Available in NSW, QLD, SA, TAS, VIC and WA. **Effective 1 January 2013 for dental, optical, physio and chiro providers. Bupa Australia Pty Ltd ABN 81 000 057 590. 11321-05-13P.

134 135 [email protected] Drop by your local Bupa centre

Cut the cost of businessImprove your bottom line with special deals on these essential business services

For more information: Call VACC on 9829 1156

OurAuto iStoreVisit the new look OurAuto iStore. There’s a whole new range of promotional products to choose from. Members are eligible for a 15% discount. Visit autoistore.com.au

OurAuto InsuranceOurAuto Insurance is new business insurance designed by the automotive industry for Australian automotive businesses. Challenge OurAuto Insurance to find a better and fairer insurance deal for your business.Call 1300 441 474 or visit ourautoinsurance.com.au

OurAuto DigitalOurAuto Digital offers a professional website design service that includes domain management, hosting, email management and Search Engine Marketing. Our websites are designed to be self-managed and we offer a range of options and expansions to ensure that your website is as individual as your business. Go to ourauto.com.au to find out more

StaplesStaples offers VACC members a comprehensive range of business and workshop supplies that can be conveniently purchased from a single source. Call Luke Kearney at VACC on 03 9829 1156 to request an Application Form.

MTAA SuperMTAA Super is the national industry-based superannuation fund for the motor trades and allied industries. Go to mtaasuper.com.au or call 1300 362 415 to find out more

OurAuto Scan ToolOurAuto Scan Tool saves customers large upfront costs, by providing a convenient monthly subscription offer. The easy-to-use OurAuto Scan-Tool comes software-enabled, and provides auto-detection, top range health reports and has regular monthly updates. Visit autoistore.com.au

Staying safe when the heat is on…With the weather starting to warm up, it is important for members to be aware that working in hot conditions brings potential risks to the health and safety of employees.

Summer can be uncomfortable or even dangerous because of the heat, humidity, burning sun and glare. Employers should plan ahead to minimise the hazards faced by employees in the summer months.

Under occupational health and safety legislation, there is no maximum temperature at which work should cease.

Occupational health and safety laws require that an employer provide and maintain, so far as is reasonably practicable, a working environment for their employees that is safe and without risks to health. This general duty means that employers need to be aware of the potential hazards of working in hot conditions.

VACC recommends the provision of cool, clean water for employees at work. We also recommend that ventilation, mechanical cooling methods and/or work practices should be arranged to counteract excessive heat.

Employers should minimise the risk of injury due to heat hazards by planning for the summer months. Some employees will feel discomfort with the heat, and their work performance may be affected. Signs of heat stress include:

• mental or physical fatigue leading to errors,

• accidents arising from discomfort or non-use of personal protective equipment (PPE),

• dizziness, headache, nausea, and

• dehydration.

Employees may be reluctant to wear their PPE due to heat discomfort. Allow employees to wear loose fitting and lighter clothing if practicable while maintaining requirements to wear PPE.

Controlling the impact of a hot working environment:An employer should take into consideration the following

suggestions to assist in managing heat stress.

For enclosed workplaces:

• air conditioning units should be switched on (if available)

• shift roster changes (work can be conducted in cooler parts of the day, ie early start times)

• provision of cool drinking water

• increase ventilation within the workplace such as fans or vents

• shield, insulate or suppress indoor heat sources such as furnaces, pipes, ovens and motors, and

• regular breaks should be provided to give employees with an opportunity to rehydrate.

For outdoor workplaces:

• hats and long sleeve shirts should be provided by the employer and supervision provided to ensure employees wear what is provided

• sunscreen should be provided

• provision of cool drinking water

• shift roster changes (work can be conducted in cooler parts of the day, e.g. starting earlier in the day)

• regular breaks should be provided to give employees with an opportunity to rehydrate, and

• provision of shaded work or rest areas.

Congratulations on 25 years of membership

R & V Panels Craig Bridle

25

Page 6: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

Intermediate Auto Electrical Course

Gap Training

Enhancing Customer ExperienceRegister your interestEVERY aspect of your business operation will be enhanced beyond anything you could ever expect in this 3 day course

VACC Diploma of Automotive Management (AUR50116)

Refresher in diagnostics - short, sharp and to the point

For more information on SDC upcoming courses visit: vaccsdc.com.au

Dealer StyleTraining

2018 Courses Starting SoonAUR20216 Certificate II inAir Conditioning Technology

Coming soon - register your interest

Page 7: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 2017 7

Is it carer’s leave or annual leave?Carer’s leave imposes obligations on employers greater than those that traditionally applied before the advent of the Fair Work Act.

One example is the case of an employee who wishes to go overseas during the annual close down period and wants to be paid carer’s leave to look after their ill mother. The employee requests paid carer’s leave to return home overseas for two to three weeks over the Christmas period. The employee needs to arrange power of attorney to care for their mother who is unwell. VACC Industrial Relations may be asked whether such an arrangement is carer’s leave or annual leave.

Carer’s leave is provided to enable an employee to provide care or support for a member of the employee’s immediate family or a member of the employee’s

household, who requires care or support because of:• a personal illness, or a personal injury,

affecting the member; or• an unexpected emergency affecting the

member.

In this example, the employee’s mother is covered by the definition of “immediate family”. There is nothing in the Fair Work Act that states the immediate family member must be located in Australia.

The employee is not required to be the primary carer as long as he or she is providing care or support as set out in the National Employment Standards. If the absence does not meet the criteria then the alternative would be annual leave.

The meaning of ‘support’ is not defined in the Fair Work Act. However, if an employee can produce reasonable evidence from an appropriate person which states the employee is required to give care or support to a family member or household member, the employee would have the right to take carer’s leave.

Please contact VACC Industrial Relations for further advice.

Intermediate Auto Electrical Course

Gap Training

Enhancing Customer ExperienceRegister your interestEVERY aspect of your business operation will be enhanced beyond anything you could ever expect in this 3 day course

VACC Diploma of Automotive Management (AUR50116)

Refresher in diagnostics - short, sharp and to the point

For more information on SDC upcoming courses visit: vaccsdc.com.au

Dealer StyleTraining

2018 Courses Starting SoonAUR20216 Certificate II inAir Conditioning Technology

Coming soon - register your interest

VACC INDUSTRY AWARDS

VACC Industry Awards 2018 entry is now open

Recognising and celebrating the automotive industry’s best

Visit vacc.com.au/events

The State Emergency Service (SES) provides a service in the case of fire, flood or other emergency.

The SES recruits regular volunteers, and in the case of major emergencies, it calls for additional volunteers.

The volunteers provide this service in addition to their regular work.

It is important for employers to be aware if any of their staff are emergency service volunteers, as this may affect their attendance at work. Employees that voluntarily provide a service to the SES should advise their employer that they are a registered volunteer.

Employing voluntary emergency workersDiscussions should be held with employees to consider a rostering system for emergency stand-by and attendance at emergencies compatible with normal work requirements.

There is no legislative or award obligation on the employer to pay voluntary emergency workers while they are away during working hours. Any arrangement payment for time off work should be discussed between the employer and employee.

If an employer doubts that the employee has attended a genuine emergency, the employer can request a letter from

the unit controller stating the time and duration of attendance at the emergency.

Under the Fair Work Act, an employee may take community service leave to carry out voluntary emergency management activity where it is reasonable in all the circumstances. An employer may face a penalty of up to $63,000 for a breach of the Act so it is important to be aware of your obligations to allow community service leave.

If members have any queries regarding emergency service volunteers, contact VACC Industrial Relations.

Page 8: FESTIVE SEASON Contents Enjoy the party · Melbourne VIC 3004 9829 1111 vacc.com.au 1 December 2017 Volume 57 No.11 Contents ... and car rental establishments Workshops, wreckers,

December 20178

Divisional accredited applicationsThe following applications have been received for VACC Divisional Accreditation: NCR: Nominated Chamber Representative

Membership applicationsThe following applications have been received for VACC/TACC Membership: NCR: Nominated Chamber Representative

A.S McDonald & S.R McDonald Aldonga Automotive Wodonga VIC 3690 NCR: Angela McDonald

AMQ Mechanical Repairs Pty Ltd AMQ Mechanical Repairs Hallam VIC 3803 NCR: Ahmad Reza Q H Qoreishi

Auto Workshop Equipment Pty Ltd Logicar Vermont VIC 3133 NCR: Stephan R Crouche

Auto & Panel Guru Pty Ltd Auto & Panel Guru Dandenong VIC 3175 NCR: Tom Antony

Avanterra Pty Ltd Tomcar Australia Moorabbin VIC 3189 NCR: David Brim

Bonrilbil Trust The 4WD Shed Bayswater VIC 3153 NCR: Phill Carr

Buddy & Tora Fitzroy Pty Ltd Ultra Tune Fitzroy Fitzroy VIC 3065 NCR: Suresh Sukrin

Con Alexander Melbourne Ultimate Car Care Centre Hallam VIC 3803 NCR: Con Alexander

Con Sioklis Custom Body Automotive Resevoir VIC 3073 NCR: Con Sioklis

Daniel Titterrell T & B 4X4 Creations Murchison VIC 3610 NCR: Daniel Titterrell

David Paul Collins Dave’s Classics Carrum Downs VIC 3201 NCR: David Collins

DC Autocare Pty Ltd DC Autocare Mordialloc VIC 3195 NCR: David Cianciaruso

ECAD (Aust) Pty Ltd ECAD (Aust) Pty Ltd Hallam VIC 3803 NCR: Askar Kadykov

F.J Roycroft & S Roycroft Aerodrome Automotive Kialla East VIC 3631 NCR: Felicity Roycroft

G.E. & D.A. Kennedy Pty Ltd Kennedy Trailers Bairnsdale VIC 3875 NCR: Lynden Kennedy

Geelong Brake & Clutch Co Pty Ltd Geelong Brake & Clutch South Geelong VIC 3220 NCR: Leon Bondarenko

Hatzistavros Family Trust Mipa Australia Boronia VIC 3155 NCR: Voula Hatzistavros

Maissa Zaza A1 Tyres & Car Wash Werribee VIC 3030 NCR: Bilal Mustapha

Ewen Hamish McPherson Superior Tune Motors Frankston VIC 3199 NCR: Ewan McPherson

Mikes Motor Body Works VIC Pty Ltd Inspire Accident Centre Thomastown VIC 3074 NCR: Tony Dinkha

Nickolas Mouzakis Motor Car Automotive Drysdale VIC 3222 NCR: Nickolas Mouzakis

O’Brien Business Trust Automotive Body Solutions Sebastopol VIC 3356 NCR: Matthew O’Brien

Parminder Preet Singh Hemkant Automobiles Dandenong VIC 3175 NCR: Parminder Singh

PCMR Pty Ltd PCMP Axedale VIC 3551 NCR: Philip Reid

Poly Wheels Australia Pty Ltd Poly Wheels Australia Dandenong South VIC 3175 NCR: Karen Freeman

Raymond J Watson R & R Panels Smash Repairs Bacchus Marsh VIC 3340 NCR: Raymond Watson

Rodney Jubeil Rod-Weld Engineering Euroa VIC 3666 NCR: Rodney Kubeil

Rosemary Elizabeth Seignior Seig Diesel And 4WD Deniliquin NSW 2710 NCR: Paul Seignior

S L Campbell & D A Mountney NHM Automotive Invergordon VIC 3630 NCR: Dean Mountney

SPC Brooklyn Trust Sheen Panel Service Brooklyn Brooklyn VIC 3012 NCR: Adam Stone

SPS Cheltenham Trust Sheen Panel Service Cheltenham Cheltenham VIC 3192 NCR: Adam Stone

Steven Bradley Hughes Hughes Paint & Panel Castlemaine VIC 3450 NCR: Steve Hughes

The Trustee for Daniel Stowe Family Trust Brooklyn Car Sales Wendouree VIC 3355 NCR: Danny Stowe

The Trustee for Irina Trust The Bodyworks Clinic Moorabbin VIC 3189 NCR: Vadim Minos

The Trustee for The Sheppard Unit Trust L & G Sheppard & Sons Kyneton VIC 3444 NCR: Brian Francis Sheppard

The Trustee for Vincitorio Family Trust Short Fuse Auto Electrics Hastings VIC 3915 NCR: Troy James Vincitorio

Timothy Peter McCormack TPM Auto Garage Frankston VIC 3199 NCR: Tim McCormack

Trevor Graham & Darren Henderson Pty Ltd Unique Panels Hallam VIC 3803 NCR: Trevor Graham

Walkermotive Tyres & Auto Pty Ltd Walkermotive Tyres & Auto Warburton VIC 3799 NCR: Bobby Walker

Xpress Direct Pty Ltd Xpress Auto Port Melbourne VIC 3207 NCR: Renato De Maria

This list is produced for VACC Membership application processing only and is not to be used for any other purpose. Members wishing to lodge an objection to any of these applications for membership must do so in writing within ten days of publication to: The Executive Director, VACC House, 464 St Kilda Road, Melbourne VIC 3004.

Marcus B French Tassie Auto Electrics and Air Conditioning Penguin TAS 7316 NCR: Marcus French

These Applications have been received for TACC membership. Members wishing to lodge an objection to these applications for Chamber membership must do so within ten days from the date of publication in the December issue of ‘Update’and forward it to The General Manager, TACC, PO Box 25, Moonah TAS 7009.

Automotive Repairers Division Brunswick Radiators Pty Ltd T/A Richmond Auto Service Centre Richmond VIC 3121 NCR: David Leyh

Chrisanna Holding Pty Ltd T/A BrakeTech Oakleigh VIC 3166 NCR: Chris Ntzounas

Darian Wilson Contracting Services Pty Ltd T/A Bentleigh Service Centre Bentleigh East VIC 3165 NCR: Darian Wilson

Darren Bulte T/A Huntingdale Auto Electrics Huntingdale VIC 3166 NCR: Darren Bulte

First Car Pty Ltd T/A Melton Total Car Care Centre Melton VIC 3337 NCR: Daniel Stewart

Flat 6 Australia Pty Ltd T/A Auto Coupe Eltham VIC 3095 NCR: Darren Bell

FMA Car & Truck Repairs T/A FMA Car & Truck Repairs Bayswater VIC 3153 NCR: Peter Miles

Ibrahim Saleh & Burhan Dogan T/A I & B Auto Care Campbellfield VIC 3061 NCR: Burhan Dogan

JDP Automotive Pty Ltd T/A Ringwood Auto Tech Ringwood VIC 3134 NCR: James Phillips

Jonathon Maxwell Wilson T/A Jon Wilson Mechanical Eaglehawk VIC 3556 NCR: Jon Wilson

Mathew Stuart Huckin T/A All Terrain Automotive Pty Ltd Deniliquin NSW 2710 NCR: Mathew Stuart Huckin

McIntosh Motor Sport Pty Ltd T/A Echuca Service Centre Echuca VIC 3564 NCR: Matt McIntosh

Mickell Pty Ltd ATF The M & S Family Trust T/A Bertil Motors Hawthorn East VIC 3123 NCR: Michael Russell

MS One Stop Automotive Pty Ltd T/A MS One Stop Automotive Bentleigh East VIC 3165 NCR: Max Nikitin

Powerup Performance Pty Ltd T/A Powerup Performance Moorabbin VIC 3189 NCR: Darren Adams

Shawn Range T/A S R Automobile Breakwater VIC 3219 NCR: Shawn Range

The Trustee for the Martello Family Trust T/A JMA Automotive Airport West VIC 3042 NCR: John Martello

Body Repair Division J M Ventures Pty Ltd T/A Essendon Panels Essendon VIC 3040 NCR: Michelle Anne Ferbrache

Towing Operators Division Rentschs Auto Salvage T/A Rentschs Auto Salvage Warrnambool VIC 3280 NCR: Dianne Rentsch

Victorian Automobile Dealers Association Barry Bedggood Pty Ltd T/A Bedggoods Motor Group Wendouree VIC 3355 NCR: Barry Bedggood

Victorian Tyre Dealers Association First Car Pty Ltd T/A Melton Total Car Care Centre Melton VIC 3337 NCR: Daniel Stewart

J.D Halligan Pty Ltd T/A Hopinit Tyre & Auto East Bendigo VIC 3550 NCR: John Halligan

Mag Wheel & Tyre Pty Ltd T/A Mag Wheel & Tyre Preston VIC 3072 NCR: Costa Kypuros

MPC Mags and Tyres Pty Ltd T/A MPC Mags and Tyres Campbellfield VIC 3061 NCR: John Dimitriou

This list is produced for VACC Membership application processing only and is not to be used for any other purpose. Members wishing to lodge an objection to any of these applications for accredited membership must do so in writing within ten days of publication to: The Executive Director, VACC House, 464 St Kilda Road Melbourne VIC 3004.