Hire and Rental News - August 2019

New focus for Events Division outlined at Convention Firmly establishing the range of issues it plans to focus on initially, the new Events Division committee hosted an dedicated workshop at HIRE19, showcasing the progress underway on applicable Modern Awards for the Events market; weighting guidelines and the importance of following the established requirements; as well as compliance with the Disability Discrimination Act when hosting events where people with disability may attend. Hartley Henderson reports. The issue of Modern Awards and the question of where the Retail Award ends and the Amusement Award begins was a big topic again at HIRE19 during the Events Workshop on Day two. Brenton Allen, from MST Lawyers, HRIA business partners offering HRNet to all HRIA members, said a list of common classes of employees employed by HRIA members and the corresponding modern award that may cover the employee is available from HRNet. Brenton said understanding where the Retail Award ends and the Amusement Award begins is a grey area. “There is a history of conflicting commentary and limited case authorities,” Brenton said. “The General Retail Industry Award 2010 covers the ‘sale or hire of goods or services to final consumers for personal, household or business consumption’ at a ‘retail establishment’. Work need not be performed ‘on site’ in order for it to be performed ‘at a retail establishment’ (Transport Workers Union v Coles Supermarkets Australia Pty Ltd 2014). “The Amusement, Events and Recreations Award 2010 is expressed to cover employers that operate certain 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.” Brenton outlined options for events members including under the Fair Work Act where employers and employees can apply to vary and/or make modern awards. Another option is to ask the Fair Work Commission to provide an opinion on modern award coverage in a given factual set of circumstances. A third option is as part of the application for approval of an enterprise agreement, submission can be made party- hire employees are covered by the Amusement Award and not the Retail Award. Brenton said there is a need to change the coverage of the Modern Awards to provide a distinction between retail and events and establish what award applies in various businesses and circumstances. “The HRIA together with MST is assessing options in the best interests of members,” he said. HRNet was developed to provide members with information and support regarding their obligations as an employer. It is a free service paid for by HRIA and operated by qualified employment lawyers. Contact the HRNet hotline in the member area of the HRIA website HIRE AND RENTAL NEWS AUGUST 2019 P47 EVENTS IN FOCUS