The Latest Information & Advice

The COVID-19 pandemic has been particularly challenging for many businesses and with each new lockdown or restriction members are variously affected by loss of work or high demand in different areas.

ASIAL Workplace Relations

On a daily basis, members are provided with help and support in dealing with a wide range of issues affecting the smooth operation of their business. Apart from the seemingly constant changes to legislation and regulations, members seek advice on dealing with employee issues – everything from rates of pay and award interpretation or applying leave provisions, through to employees refusing to follow directions to allegations of unfair dismissals or adverse action. The COVID-19 pandemic has been particularly challenging for many businesses and with each new lockdown or restriction members are variously affected by loss of work or high demand in different areas. The frustration arising from inconsistent approaches by various governments has often created workplace difficulties surrounding the rights and responsibilities of both employers and employees. ASIAL workplace relations has provided sound practical advice, education and templates to assist members through these difficult times. We have also advocated industry concerns to both State and Commonwealth governments. Decisions on which workers should and which must be vaccinated has caused confusion. Clients demand vaccinated security personnel while Government Health Orders are unhelpful when attempting to deal with employees who refuse to wear masks, or gloves, or to be vaccinated.

JobKeeper 2.0

The JobKeeper scheme was extended from 28 September 2020 until 28 March 2021. There were two separate extension periods, for each extension period an additional actual decline in turnover test applied and the rate of the JobKeeper payment was different. ASIAL Subcontractor Code of Practice for Protective Security Services - the ASIAL Code of Practice covering the use of subcontractors was finalised during the year and came into effect from 1 July 2021. The next step will be the development of an accreditation process for end users to operate to support the Code.

Changes to Awards/Legislation

Throughout the year the issue of Casual employment has created confusion and concern for many in the Security Industry. First, we had Workpac v Skene, then Workpac v Rossato with Federal Court decisions providing the Casual Loadings as well as access to various forms of paid leave. Then, the Commonwealth enacted legislation to outlaw “double-dipping” and redefine Casual employment. Next, we must develop submissions to the Fair Work Commission (FWC) to deal with award variations necessitated by the change in the Fair Work Act 2009.

Wage Theft Laws

Both the Queensland and Victorian Government passed laws on “Wage Theft”. The laws also amend other legislation, allowing for the criminal prosecution of employers of an offence of “stealing” through failing to pay an employee in accordance with a lawful industrial instrument, including penalty rates and superannuation.

Review of Private Security Act

Victoria - ASIAL lodged submissions as part of the review of the Private Security Act 2004. From a workplace relations perspective, we have focused on sham contracting, misuse of ABN holder, the need to prohibit international student and holiday visa holders from access to a security license and the need for more effective and focused enforcement by regulators.

Workplace Health and Safety

The Work Health and Safety Act 2019 (WA) (the Act) was passed by the Western Australian Parliament on 3 November 2020. Most provisions will not come into effect until the second half of 2021 or possibly even 2022. The Act incorporates the OSH and MSI Acts into a single act covering all WA workplaces. For the most part, it embraces the Commonwealth Model WHS Law which is harmonised across the other states and territories, save for Victoria.

Annual Wage Review

In June 2021, the Fair Work Commission announced a minimum wage increase of 2.5% to come into effect in most awards from the first full pay period on or after 1 July 2021. Updated Pay Schedules for Security Services Industry Award 2021 were made available to members.

Protective Security

COVID continued to impact on the protective security sector, and particularly in areas of hospitality and events. Response, recovery and renewal remain a business challenge. For protective security providers, the challenge has been to find ways of managing their business to take advantage of opportunities generated by COVID. There was a strong demand for ASIAL services from members with requests for information, clarification, advice and support associated with ever changing COVID challenges. Support and advice included, cross border travel, permit requirements, safe work plans, hygiene advice and training, mental health support, industrial relations, business development, licensing, along with direct presentation to governments, authorities, and regulators. The protective security sector’s involvement in the COVID response relating to quarantine programs was and continues to be a massive operation. Demand during the first half of 2021, saw the industry providing between 1,000-1,500 security officers daily to assist in the operation of hotel quarantine programs in New South Wales, South Australia, Tasmania and West Australia. On the whole the industry has provided these services in a professional and competent manner. However, the challenges of operating hotel quarantine programs were also highlighted during the Victorian Hotel Quarantine Inquiry which identified flaws with almost every aspect of this government’s setup and oversight of the scheme. In her final report, retired Judge Jennifer Coate found that the decision to use private security guards, without adequate training in infection control, was an “orphan” that neither the Premier nor any of his ministers took any responsibility for. What must be learnt from this experience is the importance of strong operating procedures, sound management structures and compliance practices and robust staff selection and training and an understanding of the contracted requirements. It also highlights the need for robust, transparent and ethical procurement practices that sets out clear contract deliverables that do not place anyone at an unacceptable risk. The retention and acquisition of security personnel, particularly in the protective security services sector is an issue of ongoing concern within the industry. With the loss of work in the crowd control sector, many experienced employees have exited the industry seeking work elsewhere. Attracting suitable new entrants to the industry has proven challenging, with many security providers struggling to fill vacancies. It was encouraging to see the NSW Government’s recognition of this issue with the development of a funded recruitment and training program for security officers. ASIAL will continue to monitor the success of the program and engage with governments around the country to seek similar supported programs. An ongoing industry frustration is the unacceptable delays experienced in obtaining individual and business security licences due to slow processing times by security regulators. Whilst it is understood that security regulators have had to grapple with the challenges of COVID like everyone else, individual licence processing times of 6-8 weeks or more, even longer times for businesses is not good enough. Throughout COVID, ASIAL has continued to maintain a voice for the industry with government and regulators and to advocate on behalf of members in a “race to the top”.