Hire and Rental News - May 2018

51 HIRE AND RENTAL NEWS • EVENTS in FOCUS • MAY 2018 when applying the terms and conditions of the Amusement, Events and Recreation Award 2010 (Amusement Award), as it may not cover employers that, for example, predominantly hire party-related equipment to private functions and events. These employers may be found to be more appropriately covered by the General Retail Industry Award 2010 (Retail Award). The Amusement Award covers employers that operate sporting, exhibition, amusement and recreational complexes, including employers engaged in the ‘supply, preparation, marking out, fabrication, installation, erection or dismantling of exhibition stands or associated componentry for the trades and public promotions industry’. While there is limited case law that defines the interaction between the Retail Award and Amusement Award, HRIA members should be aware Courts and Commissions are ready and willing to preference the application of the Retail Award over other modern awards. As an employer, you are responsible for meeting minimum employee entitlements. You need to be aware of the modern award(s) that cover your business and understand your responsibilities. Failing to meet your legal obligations can have serious financial and legal consequences (including FWO enforcement and prosecution relating to back payment of wages, interest, and pecuniary penalties). Registered Workplace Agreements HRIA members who are covered by an existing registered workplace agreement (ie: AWA, ITEA, certified, collective or enterprise agreement) will generally not be subject to the terms of any modern awards. Although, in some cases, a workplace agreement may not cover all employment classifications throughout your workforce. Members who have a registered agreement must ensure the minimum rates paid under the agreement are no less than the relevant base rates in the underpinning modern award. All registered agreements have a nominal expiry date. Once the expiry date has passed, the registered agreement will operate until it is formally terminated or replaced, both of which involve an application to the Fair Work Commission. Any one employee can make the application to terminate an expired registered agreement. HRIA members can contact HRNet, run by MST Lawyers, for a confidential discussion. Contact: MST Lawyers on 03 8540 0266 or visit: www.mst.com.au EVENTS in FOCUS Classification Modern Award Events employees Amusement, Events and Recreation Award 2010* Clerical employees Clerks – Private Sector Award 2010 Sales employees Commercial Sales Award 2010 Drivers Road Transport and Distribution Award 2010 Mechanics (non-events) Manufacturing and Associated Industries and Occupations Award 2010 General hire service person General Retail Industry Award 2010