Public Comment – Compliance Code Workplace facilities, amenities and work environment
Superannuation Increase effective 1 July 2021
Fair Work Annual Wage review
Casual Employment
Director jailed for workplace death
WorkSafe Provisional Payments
Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021
Wage Theft Laws
Upcoming Events


Public Comment – Compliance Code Workplace facilities, amenities and work environment
The proposed Workplace facilities, amenities and work environment compliance code (proposed code) will be available for public review and comment from Tuesday 1 June 2021.

A dedicated webpage has been created for public comment on the Victorian Government’s consultation platform, Engage, to allow employers, employees, other interested parties and members of the public to view materials online and provide online submissions. You can access the site here. Submissions can also be lodged by email or via post. Please note: All submissions will be treated as public documents and will appear online unless clearly identified as being confidential.

Comments will be accepted until close of business on Monday 28 June 2021.

Superannuation Increase effective 1 July 2021
From 1 July 2021, the statutory minimum for superannuation contributions will be raised to 10% of employee’s Ordinary Time Earnings (OTE), an increase from the current 9.5%. You need to review your current practices to ensure that your organisation is making the correct superannuation contributions. We suggest that you speak with your bookkeeper or accountant to ensure they have implemented those changes.

If your organisation is already paying more favourable or higher superannuation rates compared to the new minimum superannuation rates (i.e., through an Enterprise Agreement or separate agreement), this minimum payment increase may not impact this arrangement.

For more information, you can refer to the ATO’s website or call the MBV Employment and Industrial Relations team on 03 9411 4555.

Fair Work Annual Wage review
The Fair Work Commission (FWC) are yet to release details of its Annual Wage review. The FWC’s decision is expected to be released just before 1 July 2021.

As soon as the FWC releases their decision, we will update our wage bulletins to reflect any increase to the minimum wage rates and allowances. If you would like to be provided with a copy of our updated wage bulletin, please notify the Employment and Industrial Relations team here.

Please note in your email which wage bulletin(s) you require:
- Building and Construction General On-site Award 2020;
- Joinery and Building Trades Award 2020; or
- Clerks – Private Sector Award 2020.

Casual Employment
The Fair Work Act has recently been amended to include new employment rules for casual employees. The amendments include a definition of casual employment, pathway for casual employees to convert to full-time or part-time employment and a requirement to provide the Casual Employment Information Statement. We have created a fact sheet that outlines those changes. As a result of those changes, we suggest that you provide your casual employees with the Casual Information Statement, review your existing terms of casual engagement and consider whether you need to offer full-time or part-time employment.

If you have further questions about engaging casual employees (including obtaining copies of template letters of engagement for casual employees), please contact our Employment and Industrial Relations team on 03 9411 4555.

Director jailed for workplace death
A director has been sentenced to prison for two years and two months under Western Australia’s workplace safety laws following the 2020 death of a worker and the serious injury of another.
This is the longest term of imprisonment ever imposed for a work health safety offence in Australia.

In addition to the director being sentenced for gross negligence, the company was fined $550,000.

These breaches were due to failing to ensure the employees held high risk work licences and construction induction training certificates. Other fines were issued due to a worker operating a crane without the correct licence.

This case highlights the importance of occupational health and safety and the serious consequences for ermployers and their officers that breach their obligations.

Under Victorian OHS laws, workplace manslaughter penalties include fines up to $16.5 million and up to 20 years jail for individuals. For more information about Victoria’s workplace manslaughter offences see WorkSafe’s website.

WorkSafe Provisional Payments
Victorian workers’ compensation laws have recently been amended to permit eligible workers and volunteers with access to reasonable treatment and services for work-related injuries while their WorkCover claims are being determined.

Employers are required to provide this treatment for a period of up to 13 weeks after the injury, irrespective of the outcome of their workers’ compensation claim.

These changes are expected to come into effect on 1 July 2021.

In another development, employers will be required to notify their Agent (insurer) of mental injury claims within three days after receiving a claim. Agents will then be required to determine if the claim is eligible to receive provisional payments within two business days.

The purpose of this change is to provide workers who file mental injury claims to receive treatment earlier. Penalties will be imposed for notification failures after 1 January 2022.

Members can obtain further information on the new provisional payments scheme on WorkSafe’s website.

Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021
The Amendment Regulations introduce new notification requirements for occupiers of premises that store and handle dangerous goods in prescribed quantities (exceeding manifest quantities).
WorkSafe must be notified when specified circumstances occur. Where no changes occur, the occupier is required to update their information at least every two years. Previously it was every five years.

An online notification form has been developed to assist duty holders in notifying WorkSafe. The form will replace the current digital and paper forms on the WorkSafe website. It will be available on myWorkSafe from 1 July.

The Amendment Regulations also introduce:
- circumstances that trigger the need for further notification within this two year period
- the timing for when duty holders must notify; and
- additional information to be provided with notifications.

Existing duty holders will have six months from 1 July 2021 to submit a notification that complies with the new requirements, or until one of the specified changes in circumstance occurs (whichever is earlier). The amendments commence on 1 July 2021.

Click here to read the media release announcing the new regulations is available on the WorkSafe website

Click here
to review the Summary of Changes.

Wage Theft Laws
From 1 July 2021, new wage theft laws become operative in Victoria. The laws, as part of the Wage Theft Act 2020 (Vic), see the introduction of three new wage-based offences carrying significant penalties, including imprisonment. For more information, click here to view the MBV fact sheet here.

Upcoming Events:

Date: Tuesday, 17 August 2021
Time: 4.00 - 5.00pm
Location: Online
Price: Free for members

Have you ever faced industrial issues on site? 
MBV will be joined by a representative from the Australian Building and Construction Commission (ABCC) to provide pragmatic information on the Building Code, right of entry, freedom of association, unlawful industrial action and picketing.


EnergySafe (ESV) – new look up and live poster
ESV has developed a poster with all the NGZ and exclusion zones. This may be a good resource for the crib huts/rooms as a constant reminder for the industry. Click here to download the poster for distribution.