THE Australian Workers' Union is now counting down the days until April 28 when the new hourly minimum rate for fruit pickers will come into force

Last November, the AWU secured an historic industrial win for fruit pickers by successfully arguing the Horticulture Award should be altered to ensure every worker is entitled to take home the minimum casual rate of pay, currently $25.41.

The Fair Work Commission has now announced the guaranteed hourly rate will come into force on April 28 and will be calculated daily as recommended by the AWU, and not per pay period as advocated by the farmers' lobby.

"It's fantastic that from April 28 fruit pickers will get some certainty about how much they should be legally paid for their labour — the union is counting the days," AWU national secretary Daniel Walton said.

"For too long the farmers' lobby has seen fruit pickers as somehow beneath the usual standards offered to Australian workers. But the hard work of pickers deserves the same minimum wage dignity afforded to everyone else.

"We are grateful the Commission has ruled hourly rate earnings must be calculated daily. One of the great advantages of last year's historic ruling was the clarity it provided. Fruit pickers — who often have limited English and information about Australian laws – will now find it easy to assess if they are being ripped off by their employer.

"Now at the end of each day every picker should be assured that their work netted at least $25.41 an hour. If not, their employer is stealing from them and breaking the law.

“It is deeply disappointing that the farmers’ lobby saw fit to try and obfuscate the simplicity of the system by arguing that the calculation should be made per pay period. We are glad they were not successful.

"This ruling is a huge advance for this industry and for all the farmers who are already doing the right thing."

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THE Financial Services Council (FSC) has welcomed the Federal Government’s announcement to regulate proxy advice.

The FSC said it supported the government’s aim of ensuring that the provision of proxy advice to superannuation funds and fund managers was transparent and independent.

Acting CEO of the FSC, Blake Briggs, said, “We are pleased the government has responded to industry feedback on the initial Treasury consultation paper and improved on the original proposals.

“Superannuation funds manage almost $3.5 trillion on behalf of Australians, so it is critical that proxy voting arrangements are transparent so consumers can be confident that trustees and fund managers are exercising their voting power according to members’ best financial interests," he said.

“The government’s reforms align with existing industry best practice, reflected in the FSC's enforceable Standards for our members on proxy voting and asset stewardship.”

The Federal Government has also taken on board the industry’s concerns that the proposed timeframes, which would have required proxy advisers to provide information to subject companies prior to clients, were unworkable.

“Aligning the dates that proxy advisers will be required to share information with their clients and the subject companies is a sensible compromise by the government that will facilitate compliance for proxy advisers, superannuation funds and fund managers during the busy AGM season,” Mr Briggs said.

The FSC also supported the provision of proxy advice being covered by an Australian Financial Services Licence (AFSL). This would mean that the provision of proxy advice would be subject to the general obligations under the Corporations Act and appropriate regulatory oversight.

www.fsc.org.au

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THE $1 billion support package announced for businesses in New South Wales will offer some help for employers who have been struggling to stay open over the summer period, but for others it could be too little, too late according to an Employsure evaluation.

Business owners with a turnover of less than $50 million and who can prove a 40 percent turnover decline in January will be given a payment of 20 per cent of their weekly payroll from mid-February when applications open -- capping out at $5000 a week.

Employsure, Australia’s largest workplace relations advisor, has heard the hardships business owners have faced over the past several months. In January alone Employsure has received thousands of calls to its employer advice line from its 31,000-plus client base, as COVID continues to cause disruptions across the country.

“Although there have been support packages in the past, for most employers they are still walking a fine line financially as they struggle to sustain their business,” said Employsure business partner Emma Dawson.

“One of the toughest trends we’ve seen over the summer period has been temporary closure due to a COVID infection in the workplace. With too many employees off sick, businesses have been forced to close and miss out on crucial revenue. To add to that stress, employers must then navigate the minefield of figuring out what leave employees are entitled to and how much they must pay accordingly.

“Rapid antigen tests have been hard and expensive to come by to potentially enable these employees to come back into the workplace sooner, so it is welcome news this package will support with the purchasing of them.

“Any assistance for business, particularly small business, is welcome and will indeed take the strain off thousands of employers across the state. However, for some, the damage has already been done and permanent closure could be an inevitable result of these disruptions,” Ms Dawson said.

www.employsure.com.au

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HEALTH vigilance in the workplace has never been more important now that Australia has switched from trying to eliminate COVID-19 to living with it.

Cases have exploded in the weeks since most of the country relaxed domestic borders and COVID restrictions. Many of these cases are being identified in businesses with employees who work indoors or in tight spaces. One of the main questions business owners are asking as a result, is what steps must be taken if a suspected, or confirmed case is identified in the workplace?

“If a worker receives a positive test result while in the workplace, the first step an employer must take is to isolate the person from others and provide them with a mask, should a mandate requiring one be worn not already be in place,” said Larry Drewsen, health and safety manager at Employsure, one of Australia’s largest workplace relations advisors.

“Next, the employer should call the national COVID-19 hotline and follow the advice of health officials. Removing the infected employee from the workplace and ensuring the employee has transport to their home will be crucial. Workers assisting the positive employee must be provided with the appropriate personal protective equipment (PPE), such as gloves and a mask, and follow hand hygiene procedures.

“Consideration is required as to whether the employer should notify their Health and Safety Regulator. In most jurisdictions, a notification to the relevant state or territory Health and Safety Regulator is usually required.

“Cleaning the area where the infected employee has been working should be a priority, and PPE should be worn when doing so. Those who have worked with the infected employee should be identified and all necessary state or territory health authority advice followed, and their workspaces also cleaned," Mr Drewsen said.

“The employer should also use this time to look at their existing infection control policies, and review if any changes need to be made, such as shifting employees to working from home if applicable. Any changes should be communicated with employees to keep them up to date on what is happening.”

Employers must understand the privacy and confidentiality of the person who tested positive for COVID-19 must always be maintained, Mr Drewsen said.

Employers may also be faced with the scenario of an employee testing positive to COVID-19 when they are not in the workplace. However, if that employee has still recently been in the workplace, the same steps of identifying those who have worked with the employee, cleaning workspaces and common areas, and reviewing infection control policies should still occur.

Due to Australia’s high vaccination rate, it is no longer a requirement to completely close down an entire workplace for deep cleaning, especially if an infected employee has only worked in part of the building.

Nevertheless, Mr Drewsen said, employers should continue to enforce the wearing of masks (that fit securely to the face and cover the nose and mouth) if there is a health direction to do so, and ensure routine environmental cleaning and disinfecting takes place regularly, and that employees follow all personal hygiene guidelines.

"Implementing the right strategies can be hard, particularly for those in high-risk settings, but if it isn’t done right it can cost lives," Mr Drewsen said. "Ensuring a safe workplace is a year-long commitment and employers must get it correct. If they have doubts on how to best manage their health and safety obligations, they should refer to government health advice or contact Employsure."

www.employsure.com.au

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