Security Services Industry Award 2010 effective 1 Jan 2010
award modernisation process has now replaced some 1560 State and federal awards
covering 93 industries and occupations with 122 modern awards.
The new Security Services Industry Award 2010 is based on The National Employment Standard (NES). The National Employment Standard is the minimum conditions of employment for all Security Guards who are employed in Victoria and by all incorporated companies in Australia. The Security Services Industry Award 2010 builds on the NES with conditions particular to the Security Industry.
Significant changes will happen to award wage rates, casual loading, shift allowances and working conditions for security employees between 2010 and 2015 during the transition period for the implementation of the new Security Services Industry Award 2010. This will bring all incorporated employers (not Sole Traders and Partnerships) and employees in the security services industry in Australia under one award. Sole Traders and Partnerships will transition from State Awards to the Federal Award at the beginning of 2011.
There will be significant changes in the following areas:
The award will, with the National Employment Standards, form the safety net for employees not covered by an approved Employee Collective Agreement. It will also be the minimum standard against which all new Enterprise Agreements will be measured for the No Disadvantage Test.
ASIAL and the LHMU have agreed that all provisions, other than wage rates, casual loadings and shift allowances, should operate from 1 January 2010. At present there is a difference in the penalty rates and shift allowance percentage rates in different states.
At present there are differences in pay rates, casual loadings and shift allowances that apply to security guards in the Federal System depending in which State you work. The object of the transitional phase is to gradually increase these payscales and penalties by approximately 20% from 1 July 2010 each year until 1 July 2014 at which time all security guards in each state will be on the same hourly wage, casual loading and penalty rate for their work classification. The reason for this is that employers will be able to adjust their wage rate structure over time rather than one big increase that will have an impact on their current security contracts with clients. The reason why the 1 Jul date is chosen for the increase is that the different payscales are adjusted on this date, by the Australian Fair Pay Commission, with a fixed percent each year to reflect the cost of inflation at this time.
What this means is that security guards will not see an increase in their hourly wage until 1 Jul 2010 and then an increase every year until 2014. The size of the increase of the hourly rate will depend how much difference there is between the hourly wage rate of the Security Services Industry Award 2010 plus the increase in inflation and the hourly rate you are currently on. The formula, approved by the Australian Industrial Relations Commission, means you will receive a pay rate increase of this difference minus 80% for the first year 2010 then the difference minus 60% in 2011, 40% in 2012, 20% in 2013 and the full difference in 2014 when everyone employed under the Security Services Industry Award should be on the same hourly rate for their classification.
An example of how this will work is: Security Services Industry Award 2010 present hourly rate for Security Officer Level 1 (SO1) is $16.17 p/h. In Queensland the Security Officer Level 1 classification is on $15.50 hourly rate. Suppose on the 1 Jul 2010 Fair Work Australia awards a 3% increase across the board so now the Security Services Industry Award for SO1 is $16.65 p/h. The wage rise for Qld SO1 on the 1 Jul 2010 is $16.65 - $15.50 = $1.15. 80% of $1.15 = $0.92 which is subtracted from $1.15 to give a rise of $0.23 so the Qld SO1 hourly rate effective on the 1 Jul 2010 is $15.50 + $0.23 = $15.73.
On 1 Jul 2011 suppose there is another 3% increase in the Security Services Industry Award SO1 pay which takes it up to $17.15. Difference: $17.15 - $15.50 = $1.65 multiplied by 60% = $0.99. Subtract $0.99 from $1.65 = $0.66. Add $0.66 to $15.50 = $16.16. So the new Qld SO1 rate for 2011 is $16.16 p/h
Currently security guards who are being paid under the wage pay scale which applies to the Security Industry (State) Award [AN120497 – NSW] may see a decrease in pay rates depending on how much the Security Services Industry Award 2010 rates are adjusted on the 1 Jul 2010.
Compare hourly rates for Security Officers (SO) in the Security Services Industry Award 2010:
SO Level 1: $16.17 SO Level 2: $16.65 SO Level 3: $16.95 SO Level 4: $17.24 SO Level 5: $17.82
A similar situation approximating 20% increase each year between the casual loading and shift allowances for each state and the percentage rate of these in the new award.
What should you be paid after 1 July 2010
Download the Security Services Industry Award 2010 Pay Rate Calculator which computes the hourly pay rate for different shifts and allows input of shift times to calculate your weekly wage including allowances.
This is an Excel spreadsheet and you must have an Excel spreadsheet application on your computer to open it. Cancel the password window. Entering the present work or shift times you now can calculate what you are entitled to under this new award.
Sole Trader or Partnership and you live in a state other than Victoria, then coverage is still under the State Award for the State in which you live until the beginning of 2011.
Security Company incorporated before 27 March 2006 which is presently governed by the relevant NAPSA and the Federal Pay Scale Summary. Your working conditions and pay scale will be governed by the new Federal Security Services Industry Award 2010. This means that if you are working under the conditions of a NAPSA then some of the conditions you work under will change slightly.
Security Company incorporated after 27 March 2006 which had the Fair Pay and Condition Standard and did not have any penalty rates or allowances. Your working conditions and pay scale will be governed by the Security Services Industry Award 2010 which has improved standard of working conditions and re-establishes penalty rates and allowances.
Security Company which is incorporated and there exists an Employee Collective Agreement. The Employee Collective Agreement will be in force until it expires in the next couple of years. Check out the expiry time and have your workplace organize to bargain with your employer for new wage rates and conditions when it expires . You can do this by having union membership or collectively engaging a Bargaining Agent or Industrial Relations Consultant. Click here to see the section on Bargaining.
A lot of companies which incorporated after 27
March 2006 and chose not to negotiate with their employees for a Employee
Collective Agreement will be looking to bargain for an Enterprise Agreement
under the Security Services Industry Award 2010. Click here
to see the section on Bargaining. Organize your workplace to
effectively bargain with the management by either joining the Liquor Hospitality
and Miscellaneous Union (LHMU) or engaging a Industrial Relations Consultant as
your Bargaining Agent when this eventuates.
The new National Employment Standard (NES) are generally much the same asthe Australian Fair Pay and Conditions Standard introduced by Work Choices. However, there are a few key differences which are identified below:
Parental Leave ‐ a parent employee will now have the right to request up to an extra 12 months of unpaid parental leave. This can only be refused on 'reasonable business grounds' and must give written reasons within 21 days. There is also a new obligation on the employer to consult with an employee on parental leave if the employer makes a decision that will significantly affect the employee's pre‐parental leave position.
Flexible Work for Parents ‐ this is a new entitlement. Employees (subject to qualifying criteria similar to those for parental leave) may request a change in working arrangements is a parent or carer of a child under school‐age. The request must be in writing and as for extending parental leave beyond 12 months, written reasons must be provided within 21 days if refused by the employer.
Community Service Leave ‐ although not necessarily a new condition, this was not previously part of the Australian Fair Pay and Conditions Standard. Employees are entitled to time off for eligible community service activities, such as fire‐fighting, civil defence and rescue activities with recognised organizations. There is also a new entitlement to paid jury service of up to 10 days for non‐casual employees.
Redundancy Pay ‐ this is a significant new national standard for employers with more than 15 employees, particularly for non‐award employees such as most management workers. The redundancy standard under the NES is the existing Federal award redundancy standard.
Fair Work Information Statement ‐ similar in function to the Work Choice Information Statement. This statement needs to be given to all new employees and provides information about the NES, modern awards, agreement making, freedom of association and the role of various government bodies such as Fair Work Australia and the Fair Work Ombudsman.
The advantage of the new Security Services Industry Award 2010 is that it set out specifically what is part time work and what is casual work. The new Security Services Industry Award positively defines who is a Part Time worker and who is a Casual worker.
10.4 Part-time employees
(a) A part-time employee is an employee who is employed in a classification in Schedule A—Classifications and who:
(i) is engaged to work fewer than 38 ordinary hours per week or, where the employer operates a roster, an average of fewer than 38 hours per week over the roster cycle; and
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work either:
(i) specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day; or
(ii) specifying the roster that the employee will work (including the actual starting and finishing times for each shift) together with days or parts of days on which the employee will not be rostered.
(c) Any agreed variation to the regular pattern of work must be recorded in writing.
This means that if you only work regularly on Saturday and Sunday on a regular shift you must be employed as a Part Time worker and not a Casual worker. At present the various awards are not specific and if you were employed regularly on a Saturday and Sunday the employers could employ you as a Casual and pay you just the penalty rates for the weekend without any Casual Loading.
So if you are employed as a Part Time worker you should receive pro-rata holiday and sick leave for the weekend you work plus the penalty rates for the weekend. If the employer insists that he will only employ you on a casual basis, you are entitled to penalty rates plus your Casual Loading on the normal hourly rate.
10.5 Casual employees
(a) A casual employee is an employee who is engaged and paid as such.
(b) Casual loading
In addition to the ordinary hourly rate and penalty rates payable for shift, weekend and public holiday work payable to full-time employees, casual employees will be paid a casual loading of the ordinary hourly rate for the classification in which they are employed.
Security Guard Australian Private Security Industry Award Wage Pay Scale Payscale Rates of Pay Employment Laws Hourly Rates Security Jobs Pay Wage Rates Working Conditions Award Pay Rates Security Services Industry Award 2010
Copyright © Australian Security Worker