[AusNOG] modern awards

Sat Aug 27 08:58:56 AEST 2022

Also, feel free to call the FWO.

They are (mostly) helpful in helping understand and navigate this, and part of their services help employers navigate this. But also note that nothing beats engaging a specialist HR Lawyer.

Our P&C association has recently had an issue where the FWO provided an opinion on an award that was incorrect (and pointedly so because the matter is currently in tribunal with the FWO defending a contrary position to the advice they gave), and the legal team we ended up consulting attached to the NSW P&C Federation was able to provide us about 15 years of case history to show the correct answer.

That’s just illustrative - but basically, it is worth checking!

Andrew

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________________________________
From: AusNOG <ausnog-bounces at ausnog.net> on behalf of Terry Sweetser <terry at ionetworks.com.au>
Sent: Saturday, August 27, 2022 8:48:11 AM
To: ausnog at ausnog.net <ausnog at ausnog.net>
Subject: Re: [AusNOG] modern awards

Hi NOGGERS,

I suggest a quick look at:
https://awardviewer.fwo.gov.au/award/show/MA000041#P1634_133943

Applies (quoted):

For the purposes of clause 4<https://awardviewer.fwo.gov.au/award/show/MA000041#P102_5334> telecommunications services industry means any business:

(a) whose principal function is a telecommunications service carrier;or

(b) whose principal function is a carriage service provider or a content service provider;or

(c) whose principal function is the supply of telecommunications services including value added telecommunications services;or

(d) whose principal function is incidental,ancillary or complementary to the businesses referred to in clauses 4.2(a)<https://awardviewer.fwo.gov.au/award/show/MA000041#P106_5805>,4.2(b)<https://awardviewer.fwo.gov.au/award/show/MA000041#P107_5876> and 4.2(c)<https://awardviewer.fwo.gov.au/award/show/MA000041#P108_5968>;or

(e) which supplies labour to a business in the telecommunications services industry on a labour hire basis in respect of any such labour hire employees while engaged in the performance of work for a business in the telecommunications services industry.

IANAL, but B and D look close “enough” for webhosting companies.  The award does NOT cover technologists and engineers.

And of course, read the NES at

https://www.fwc.gov.au/documents/awardmod/download/nes.pdf

TCS

From: AusNOG <ausnog-bounces at ausnog.net> on behalf of Rob Thomas <xrobau at gmail.com>
Date: Saturday, 27 August 2022 at 8:33 am
To: Greg Lipschitz <glipschitz at summitinternet.com.au>
Cc: ausnog at ausnog.net <ausnog at ausnog.net>
Subject: Re: [AusNOG] modern awards

Oh, and the link to download the actual PDF is https://portal.fairwork.gov.au/ArticleDocuments/872/business-equipment-award-ma000021-pay-guide.pdf.aspx - summary is $21.94 to $27.75.

--Rob

On Sat, 27 Aug 2022 at 08:30, Rob Thomas <xrobau at gmail.com<mailto:xrobau at gmail.com>> wrote:

I feel it's 100% on topic, and whilst I don't have any award employees here in au, EXTREMELY useful to know the right one to use when we need it!

Thanks Greg and Nick.

--Rob

On Sat, 27 Aug 2022 at 08:17, Greg Lipschitz <glipschitz at summitinternet.com.au<mailto:glipschitz at summitinternet.com.au>> wrote:

Hi Nick

I would have said that that is the wrong award as it’s for Retail. (Think shop assistant etc)

Perhaps look at

MA000021

Examples of employees covered by the Business Equipment Award include:

  *   technical employees and technicians

https://www.fairwork.gov.au/employment-conditions/awards/awards-summary/ma000021-summary

That seems more appropriate.

Cheers

Greg

Greg Lipschitz

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Founder & CEO

 |

Summit Internet

glipschitz at summitinternet.com.au<mailto:glipschitz at summitinternet.com.au>

summitinternet.com.au<http://summitinternet.com.au>

1300 049 749<tel:1300%20049%20749>

Unit 2, 31-39 Norcal Road, Nunawading VIC 3131<https://www.google.com/maps?cid=12522583051503623677&_ga=2.149009334.1057584350.1554770858-1081443428.1554770858>

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________________________________

From: AusNOG <ausnog-bounces at ausnog.net<mailto:ausnog-bounces at ausnog.net>> on behalf of Nick Edwards <nick.z.edwards at gmail.com<mailto:nick.z.edwards at gmail.com>>
Sent: Friday, August 26, 2022 10:05:01 PM
To: ausnog at ausnog.net<mailto:ausnog at ausnog.net> <ausnog at ausnog.net<mailto:ausnog at ausnog.net>>
Subject: [AusNOG] modern awards

Hi,

Just been asked to ensure staff are paid at correct rates, I am satisfied they are, however one guy has questioned it, he's not making a fuss, but it's got me thinking, so I thought I'd ask the community here who surely would know, before I go contacting and waiting 3 months for a reply from FWA - before this dude just make a fuss :now we have a union run govt ->

This is a webhosting company, only 6 employees, the guy is one of 3 helpdesk tech support CSR's,  he questions he is in the correct award, we have him under MA000041 and cust contact  level 1 (he has no special qualifications and doesnt have server level access, your typical run of the mill tech support dude)

Anyone see this as a problem?

OFF list replies welcome, since I think this might exceed the list charter, to which I apologise for in advance.

Ed

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