BPN Questions & Answers

Do you often wish you had a contact within the building industry ‘on tap’ so you can ask a question (no matter how silly you think it is) or ask for advice on how to handle a particular type of situation? Well now you have access to not just one contact but more than 14,000 of them!

HIA recogises that most BPN members like to network but find it difficult to attend BPN networking functions, so we have introduced an online networking page called BPN Q&A.

You asked:

I heard on the grapevine that there will be a new award system (including new pay rates) which will apply from 1 January 2010. Is this correct?

 That depends:

A new "modern"award system will be coming into effect for employers covered by the federal workplace relations system from 1 January 2010. Employees who are currently under the federal system include companies, employers in the ACT, NT and Victoria.

New laws, passed by the federal goverment and some state governments, will soon come into effect bringing all employers in NSW, QLD, SA and TAS under the federal system. To help you understand whether these new laws will have an impact on your workplace, we have provided a brief outline below:

• If you are a company  - you will be bound by the modern awards system from 1 January 2010 (with pay rates being phased in from 1 July 2010).
• If you are a sole trader or partnership - it will depend on where, in Australia, you are located. If your business is located in:
  • the ACT, Northern Territory or Victoria - you will already be bound by the federal system and so the modern awards will apply to you from 1 January 2010 (with pay rates being phased in 1 July 2010).
  • New South Wales, Tasmania, South Australia - you will be bound by the federal system as soon as the new laws become effective. It is therefore likely that from 1 January 2010, you will cross over to the federal system. However although you will be bound by the federal laws, there will be a transitional period where your current state awards are likely to apply for a 12 month period before you cross to the modern awards.
  • Western Australia - currently, it looks like the State laws in Western Australia will continue to apply and the federal laws will not apply.

HIA has publised information that explains the new Fair Work Act 2009 that will apply to companies and employers in the ACT, NT, NSW, QLD, SA, VIC and TAS as explained above.

For companies and employers who will be bound by the new modern awards, HIA has also published a guide called "HIA Modern Award Guide". You can access this information by clicking here