Motor Trade February 2022 SA by Boylen

February 2022

Official Magazine of the Motor Trade Association SA/NT

STRONGER TOGETHER NOVITA MIGHT Y RIVER RUN: MTA MEMBERS SE T SAIL FOR A GOOD CAUSE

2022 STATE ELECTION: AUTOMOTIVE ISSUES ADDRESSED BY BOTH LEADERS

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MOTOR TRADE MAGAZINE: SA

CONTENTS

FEBRUARY 2022 HYUNDAI RALLIES THE TEAM

 SKIP TO ARTICLE

Adelaide was littered with rally cars in late November last year, with the impressive vehicles seemingly on every street corner. This was the first time that Hyundai entered a team into the rally. NOVITA MIGHTY RIVER RUN

2022 STATE ELECTION Q&A The MTA sat down with both party leaders to discuss the issues that matter to you! Read the leaders’ thoughts on the economic impacts of COVID-19, planning for and investing in electric vehicles, the Repair Industry Code of Conduct and much more.

 SKIP TO ARTICLE

Chair’s Report

25 & 75-Year Member Businesses

CEO’s Message

New Members

2022 Election: Q&A with Steven Marshall - Liberal

Consumer Business Services: Interstate Work Opportunities Made Easier

2022 Election: Q&A with Peter Malinauskas - Labor

Careers: Intro to Auto

Member Profile: Hyundai Rallies the Team

2021’s Major Changes to Casual Employment in Australia

Advocacy: July 1 Ambition for New Code

2022 Hybrid and Electric Vehicle Course Dates Now Available

Member News: Novita Mighty River Run

Back in the Day with MTA: February 1992

Advocacy: MTA Petitions Premier to Adopt National Framework

Business Partners Index

50-Year Member: Rhemac Motors

Member Classifieds

Workplace Vaccination Requirements

MTA member Todd Quigley recently took a break from his usual Monday to Friday to take part in the Novita Mighty River Run, boating up the Murray River from Mannum to Berri over five days. WORKPLACE VACCINATION

 SKIP TO ARTICLE The MTA provides a guide to Members on how to navigate COVID-19 vaccination in the workplace, and to ensure they meet their WHS obligations.

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CHAIR’S REPORT

CHAIR’S REPORT MTA CHAIR, FRANK AGOSTINO

I think we can all agree that the turbulent start to 2022 has not gone as we had hoped for Australia. However, despite the impacts of the Omicron variant, South Australia has reached a vaccination rate of 90 per cent and our industry shows resilience as we transition to living with the virus. We have previously enjoyed minimal impacts and restrictions compared to the rest of Australia, and especially compared to the rest of the world. The emergence of Omicron in our community simply means we must continue to adapt and innovate in the way we do business. I would like to acknowledge the MTA member businesses which have been affected, and commend the automotive industry as a whole for its perseverance in the face of this latest hardship. While rules and restrictions continue to change on a regular basis, you can rest easy in the knowledge that the MTA will always be there to support your business and keep you updated. As well as staying on top of the latest COVID-19 information, the MTA has been focussing its efforts on the approaching Federal and South Australian State elections. We continue to communicate the contribution of automotive to the economy so that all political candidates and parties understand the priorities of our industry. This is important now more than ever, with many member businesses grappling with industry-wide issues, such as pandemic-related loss of business, new and emerging automotive technologies and ongoing skills shortages. As I write this, a review is underway of consumer guarantees and supplier indemnification in Australian Consumer Law − a major issue, which affects all MTA members. Whether you’re a dealer, repairer, supplier or dismantler, we will be bringing your feedback to government. As this is an ongoing issue, we will continue to advocate for the best possible outcomes for our members. We will keep

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“I would like to acknowledge the MTA member businesses which have been affected, and commend the automotive industry as a whole for its perseverance in the face of this latest hardship.” you up-to-date on all major decisions from both us and government, so keep an eye out for our communications in the coming months. Last May, we heard loud and clear from our Divisional and Zone Chairs, who form the Industry Advisory Council, that the biggest challenge facing the automotive industry was, and continues to be, skills shortages. They asked the MTA to focus our efforts on reengaging with the education system and school pathways. Recently appointed MTA School Pathways Coordinator, Andrew Parkes has been doing invaluable work in promoting automotive careers to young people, both through his school visits and his on-site workshops. His job was constructed using direct feedback from members, and has already delivered an increase in apprenticeship applications. Read more about his work on page 26 . In this uncertain time, it is important to remain connected and maintain our strong sense of community as members of South Australia’s automotive industry. Rest assured that the MTA is here to protect your interests and, as always, is on hand to help you with anything this year brings.

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FO C EO L I’ O S M P LE AS CS EA HG O ELDER

CEO’S MESSAGE MTA CEO, PAUL UNERKOV

As we farewelled 2021 and set our sights towards a new year, it’s fair to say that life in the automotive retail, service and repair industry like others, continues to be challenging. Running a business today is more complex than it has ever been, and so it has been my primary concern to ensure that as members, you remain connected with the MTA through updates and advice, and that we are representing your interests through our ongoing advocacy to government. We know skills shortages continue to be a massive challenge for industry and so it was no surprise that when we asked you whether you supported close contacts being able to safely return to work if they meet specific COVID-SAfe requirements, 95% said yes. In January, we wrote to SA Premier, Steven Marshall on this topic which you can read more about here . SA Body Repair Laws At the beginning of December last year, the MTA secured a massive win for the automotive industry in South Australia, with the passing of the new Motor Vehicle Insurance and Repair Industry (MVIRI) Code of Conduct legislation through SA Parliament. South Australia is now the first Australian state or territory to add enforceable penalties for breaches of the MVIRI code which will become law under the Fair Trading Act (SA) 1987. The amendment will help to protect small-to-medium MTA repair businesses, through facilitation of fairer dispute resolution processes with insurers.

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In addition, the changes will also require insurers to disclose to South Australian policy holders whether they have choice of repairer, as well as whether they have direct financial ownership or a contractual relationship with a repairer. Skilled Migration Just prior to international borders reopening in Australia last year, the MTA learned we were successful in our lobbying efforts for the return of six automotive trades to the Designated Area Migration Agreements (DAMA) skilled migration program in South Australia. Pleasingly, another occupation was also added to the list: 070499 Automotive Transmission Technician. This fantastic win can not only be attributed to the work done by the MTA, but also the invaluable contributions made by our members, particularly through the session we held with the South Australian Department for Innovation and Skills in February. The six reinstated occupations are: •

321111 Automotive Electrician

•

321211 Motor Mechanic (General)

•

321212 Diesel Motor Mechanic

•

321213 Motorcycle Mechanic

•

899411 Motor Vehicle Parts and Accessories Fitter (General)

•

324111 Panelbeater

Motorcycle Training Review In November, changes to the Graduated Licensing Scheme for

motorbike riders came into effect. Motorcycle Industry Association SA/ NT Chair, Mark Flynn, together with MTA staff, recently engaged with the Department for Infrastructure and Transport and other stakeholders to get the review underway. Our clear message to the Government is that any changes should not become unreasonably expensive or over burdensome for new riders. Second-hand Vehicle Dealers Act Review Over the last three years, the MTA has been advocating to Consumer and Business Services (CBS) for a review of the Second-hand Vehicle Dealers Act 1995. We are aiming to modernise South Australian laws to match how you, the dealers, conduct your business. CBS sought input from the MTA among other stakeholders, and endorsed the majority of our proposed changes. Suggestions such as removing the waiver of cooling-off rights and stronger penalties for odometer tampering were among our formally lodged recommendations. We look forward to seeing the draft legislation in the coming months. Engage with us on the issues that matter so your opinions are heard. Whether it’s through zone and divisional meetings or the surveys we send out via email, the MTA will take those sentiments to government and advocate for necessary change in the automotive industry.

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2022 ELECTION

Q&A WITH STEVEN MARSHALL PREMIER OF SOUTH AUSTRALI A South Australia has reaped the rewards of successfully managing the health and economic impacts of COVID-19. As Australia and the world opens up, what are your priorities to ensure that businesses in this state can grow and prosper? It’s been almost two years since the COVID-19 pandemic first began and despite the initial fears that our economy could be facing an unprecedented crash, nothing could be further from the truth. My government’s management of the COVID-19 pandemic has seen our economy go from strength to strength, with businesses both small and large enjoying extraordinary demand – particularly in the automotive sector. Under my government South Australia went into 2022 with the lowest unemployment rate in our State’s history, the strongest economic growth in the nation, and is the third most liveable city in the world. It is no wonder that people around the globe are taking notice of South Australia. For the first time in 30 years we have more people moving back to Adelaide than moving away from it – young people realise they can have a fulfilling

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career right here in South Australia. This means your kids will be able to buy a house and have a career here, and it also means more customers and clients for your business. My Government is committed to continuing this trajectory – from investing in our critical industries of the future like defence and space, to attracting global businesses like Amazon and Google, we want to see the South Australian economy as the best place to live and do business in the nation. I also want to ensure that our local businesses, like yours, have the skilled staff you need to grow your bottom line. COVID-19 has been a major disruptor, regularly changing the way we do business in this State. If you are elected as the next Premier, what support, clarity and confidence can automotive businesses expect from your government? I understand that all businesses have had to adjust how they operate in order to keep their staff and customers safe. For the automotive repair sector this has meant extra sanitation practices, limiting face to face interaction with customers, and extra management to ensure your

staff and clients have been able to socially distance. My Government understands how important it is to keep South Australian vehicles running safely, which is why mechanics were classified as an ‘essential service’ and able to operate during lockdowns. I want to thank all of you for doing the right thing – you have kept your staff and customers safe. Currently electric vehicles only make up a very small percentage of sales in South Australia, with varying predictions about how many will be sold and when. How will you help businesses in the automotive industry plan and invest towards this future with confidence? My Government is committed to growing the amount of low emission and electric vehicles in South Australia, but we understand that we need to incentivise buyers in order to stimulate the market. This is why in December my government announced a generous $3,000 subsidy to help drive the take-up of zero and low emission vehicles. This subsidy is available for 7,000 eligible new battery electric and

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2022 ELECTION hydrogen fuel cell vehicles registered in South Australia from 28 October 2021.

all announcing or implementing a road user charge.

There will be a price cap of $68,750 (inc GST) to provide an incentive to bring lower-priced electric vehicles to the market and avoid subsidising expensive electric vehicles.

We are looking at a scheme similar to Victoria’s, where motorists would be charged a set rate based on kilometres travelled.

This is on top of the single largest investment in electric vehicles in the state’s history through our $18.3m Electric Vehicle Action Plan – announced as part of the State Budget 2020-21. We’ve also committed a further $12.25 million to accelerate the uptake of electric vehicles (EVs) with a new EV smart charging subsidy for South Australia households that invest in smart charging solutions. My government will continue to work with the MTA to identify the opportunities for the industry, including the best ways to up-skill your workforce so they are ready to work on these new technologies. Changing automotive technology is also putting pressure on government revenue such as national fuel excise, leading to different states and territories implementing or ruling out road user charge policies for zero and low emission vehicles. Is a road user charge at a state level in our best interests? The reality is, if you’re driving an electric vehicle then you’re not paying fuel excise at the pump and you’re contributing significantly less to the vital upkeep of our vast road network. A road user charge for zero and low emission vehicles means that everyone is contributing fairly to the upkeep of our roads. Ultimately this reform will have to happen - as more and more Australian motorists shift to zero and lowemission vehicles, all Governments will need to ensure there is sufficient funding for ongoing road maintenance and infrastructure investment. Road user charges are now becoming common place in Australia – with Victoria, NSW and recently Tasmania

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There has been a strong focus on growing and retaining apprentices from the State and Federal governments over the past two years. What will your party do to encourage businesses to continue to invest in apprentices? When I speak to mechanics and automotive business owners around the state, they tell me that the biggest limiting factor to their business is availability of skilled workers. The solution to this is twofold: training up our local workforce to create a skills pipeline, and bringing in skilled workers from interstate and overseas who can plug skill gaps quickly. This is where my Government’s $200 million Skilling South Australia initiative made a real difference, delivering nation-leading growth after Labor’s 6-year apprentice and trainee decline. Over the past four years South Australia has led the nation with over 55,000 new apprenticeship and traineeship commencements, many in the automotive sector. Since we were elected in 2018, over 3,300 businesses have hired a trainee or apprentice for the first time – and that momentum will continue. A re-elected Liberal Government will continue to invest in our apprentices – making it easier for businesses to hire and train the skills they need to grow their workforce. While focussing on the local skills pipeline, we have also recognised that urgent skills gaps can be plugged quickly by incentivising qualified tradespeople from overseas to consider bringing their careers to South Australia. Following representations from my government about the latent need within our sector, the Federal Australian Government has added

Automotive Electricians, General Motor Mechanics, Diesel Motor Mechanics, Automotive Transmission Technician and Motorcycle Mechanics back onto to the list of trade workers able to apply for a prioritised work visa in South Australia under the DAMA program. I am confident that these two approaches will grow the skills we need for our automotive sector. I would also like to take this opportunity to thank all the MTA members who have taken on new MTA apprentices in the past 18 months. Far from being discouraged by a global pandemic, you have invested in our industry, our young people and mature aged apprentices. Around 500 apprentices and trainees have been the direct recipients of the MTA’s Group Training Scheme, and I’m excited to see the next generation of automotive repair experts already well on their way to fulfilling careers. According to AAA data, South Australia has one the highest road tolls per capita in the country, and the ABS shows that we also have one of the nation’s oldest vehicle fleets. With 70 per cent of used vehicles in the state sold privately, do you support making it a legislative requirement and responsibility for those selling a vehicle to ensure it is roadworthy? My Government currently has no plans to implement a mandatory roadworthy certificate requirement on all second hand vehicle sales. Consumers and the crash repair industry have had a massive win with Parliament passing laws to mandate the national Motor Vehicle Insurance and Repair Industry Code of Conduct in South Australia with binding mediation and penalties. Will you commit to delivering the regulations and implementation of dispute resolution by 1 July 2022? My Government is currently working through the implementation of the scheme, including how it may impact with work being undertaken by the Commonwealth.

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2022 ELECTION

Q&A WITH PETER MALINAUSKAS LEADER OF THE OPPOSITION South Australia has reaped the rewards of successfully managing the health and economic impacts of COVID-19. As Australia and the world opens up, what are your priorities to ensure that businesses in this state can grow and prosper? The COVID-19 pandemic presents a once-in-a-lifetime opportunity to build a better South Australia. But it won’t just happen. We must seize this moment. I am determined that the suite of policies I take to the people of South Australia in March are not just for the next election, but for the next generation. The coming years will present challenges, but they also present opportunities, the likes of which we haven’t seen since World War II. I have already announced some of my policies for the future and look forward to detailing more in the lead up to the election. In 30 years' time, I hope our children can say this generation saw the moment, and seized the moment. Let’s make the legacy of COVID-19 a more secure and prosperous future.

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The next four years will be critical for our states economic future post-COVID-19. Under a Malinauskas Labor government there will be no new taxes or sudden tax changes like we saw with the introduction of Land Tax aggregation. There will also be no dramatic increases in levies and charges. We will also deliver a long term plan to address skill shortages that are impacting so many of your businesses. Our plan for motorsport and car clubs will get more classic and historic vehicles onto the road for club events and exhibitions, and support the car restoration industry, including panel beaters, spray painters, mechanics, auto electricians and motor trimmers. COVID-19 has been a major disruptor, regularly changing the way we do business in this State. If you are elected as the next Premier, what support, clarity and confidence can automotive businesses expect from your government? We will work with the MTA and key businesses to forge a shared path driven by the consensus that a small state thrives on co-operation, not

division, and that we are stronger working together towards shared goals. We will provide clear direction, because if we want businesses to employ, invest and create jobs, they need certainty in an uncertain world Currently electric vehicles only make up a very small percentage of sales in South Australia, with varying predictions about how many will be sold and when. How will you help businesses in the automotive industry plan and invest towards this future with confidence? Labor will repeal the Marshall Liberal government’s electric vehicle tax. This legislation is due to take effect from 2027, and Labor will repeal it before any electric vehicles can be taxed for the kilometres they drive. We want to encourage South Australians to buy an electric vehicle and hitting them with this tax will have the opposite effect. Changing automotive technology is also putting pressure on government revenue such as national fuel excise, leading to different states and territories implementing or ruling out road user charge policies for zero and low emission vehicles. Is a road user charge at a state level in our best interests?

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2022 ELECTION

Labor does not support the introduction state road users charges, they are not in South Australia’s best interest. That is why we will repeal the EV tax. National fuel excise has always been the responsibility of the Federal Government and any changes should be done nationally led by the Federal Government. There has been a strong focus on growing and retaining apprentices from the State and Federal governments over the past two years. What will your party do to encourage businesses to continue to invest in apprentices? I have heard loud and clear the calls from your industry and others about our state’s skills crisis. That is why I have developed and released a comprehensive education policy which is all about improving the quality of our schools, but also the pathways out of school and into employment. A central feature is my plan to build five new technical colleges. Our technical colleges policy will be built with the latest equipment and stateof-the-art technology. They will be

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run in conjunction with nearby high schools to allow year 10-12 students to successfully complete their SACE, while getting trade qualifications. They will also facilitate links with local businesses, connecting students to apprenticeships and traineeships. According to AAA data, South Australia has one the highest road tolls per capita in the country, and the ABS shows that we also have one of the nation’s oldest vehicle fleets. With 70 per cent of used vehicles in the state sold privately, do you support making it a legislative requirement and responsibility for those selling a vehicle to ensure it is roadworthy? Along with advancements in vehicle technology, a focus on the ‘fatal five – seat belts, speed and drink driving – Labor’s record investment in government on road infrastructure helped reduce South Australia’s road toll. South Australia’s annual road went from 138 fatalities in 2002 to under 100 during our term of government. But one life lost is one too many, and we need to constantly strive to look for new ways to prevent death and serious injury on our roads.

Labor does not support the introduction of mandatory vehicle inspections because of the financial burden it places on the community and the analysis from interstate jurisdictions which reveals that they only contribute a minor reduction in injury crash rates. However, we do support a voluntary vehicle inspection scheme at the change of ownership. This will provide consumers with the opportunity to seek out an accredited organisation to inspect a vehicle prior to a transaction. Consumers and the crash repair industry have had a massive win with Parliament passing laws to mandate the national Motor Vehicle Insurance and Repair Industry Code of Conduct in South Australia with binding mediation and penalties. Will you commit to delivering the regulations and implementation of dispute resolution by 1 July 2022? Labor supported the Fair Trading (Motor Vehicle Insurers and Repairers) Amendment Bill, and if we form government after the March election we will deliver the regulations to ensure implementation occurs as soon as possible.

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HYUNDAI RALLIES THE TEAM

MEMBER PROFILE

“With the windscreen crushed in, the roof half crushed in, we drove it through to thunderous applause.”

Peter Page Hyundai 

Adelaide was littered with rally cars in late November last year, with the impressive vehicles seemingly on every street corner. The 2021 Shannons Adelaide Rally was as big as ever, with 400 cars participating in two stages on each of its four days. Drivers participated in over 230 competitive kilometres, making it the largest event of its type in the world in 2021. This was the first time that Hyundai entered a team into the rally, headed by Paul and Luke Page from Peter Page Hyundai, Elizabeth. “Myself and my brother did the rally as an individual Hyundai i30 N for the first time in March (2021), because it was delayed through COVID-19 – it was supposed to be in October last year,” Paul said. “It came around pretty quickly this year, we decided to put a branded group together. “For us it was excellent, we got 11 Hyundai N Performance vehicles together. We put the word out on the N Performance of South Australia Facebook page, so the majority of them came from that space, we were just rapt to be a part of it.” The rally stages were different day-to-day, taking advantage of the many twisting roads around the Adelaide Hills.

or through the hills, so you can’t get lost because you’re just driving in amongst traffic. “When you get to the next stage, all the road’s blocked off – then, 3-2-1-go hard! We follow each other in four second gaps.” Lead by the striking Performance Blue car, the cars in the team were a mix of the Hyundai N Performance range, with i30s, i20s and Fastbacks. However, one car from the team was a stand-out. Also participating was an ‘old school’ Hyundai Excel race car, which regularly competes in the Hyundai Excel Racing series. “He joined us for a bit of the old school, among the new school Hyundai vehicles,” said Paul. However, it wasn’t all smooth sailing for the Excel. “On the last stage of the last day, the Excel − the actual racing car – just clipped a little bit of cliff face and a bit of gravel, and flipped on its roof,” he recalled. “Luckily, he had a roll cage. From a safety perspective, it had racing seats, it had proper harnesses, and as much as it looked a bit messy, he was fine, if a bit shaken.” But the Adelaide Rally hadn’t yet seen the end of the Excel.

“Myself and my service manager led the group, and my brother followed the group,” said Paul.

“It was driveable, because it had just flipped on its roof, so the suspension was good, the engine was fine,” Paul explained.

“We had to keep them all together, because between stages you’ve got to drive through the streets of Adelaide

“He got towed down to that final stage, jumped in the car, and drove through the finish line to a rousing reception.”

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

Being the last car to finish the race on the last day, there were plenty of people crowding the finish line in Rundle Street to watch the beat-up Hyundai come in. “With the windscreen crushed in, the roof half crushed in, we drove it through to thunderous applause. That was a lot of fun. “On the downside he had an accident, but on the positive, he was safe, and he got to drive through the finish line on Rundle Street with a lot of people watching,” Paul recalled.

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The presentations, displays, children’s activities, and fireworks drew in massive crowds. Paul recommends this event to MTA members thinking of entering the rally car scene. “There’s plenty of time to get organised, and get your car ready, get all the safety equipment organised,” he explained. “Lock into either a racing group or a tour group, where you can get used to what’s involved.

But the Hyundai team weren’t just participating for the racing and rally driving.

“Personally, I think it’s just a fantastic initiative, a lot of work goes into the rally, and the atmosphere was electric.”

“For us it was about the whole package,” said Paul.

Luke would like to acknowledge and give thanks to the large numbers of volunteers whose time and efforts enabled the event to run smoothly.

“We took all our team out to dinner on the Friday night, and then again on the Sunday night. “We entertained them with food and drink, but not too much drink as they had to jump in the car the next day!” The Adelaide Rally resembles a festival in the way it caters for spectators and brings the drivers together at the end of each day. The Gouger Street party is always a highlight, 2021 being no exception. The street is blocked with 130 exotic rally cars, putting on a show for spectators who are able to take their pick of the many restaurants along the strip. Live music and entertainment created a buzz of excitement on the night – the atmosphere at the East End finale was no different.

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Paul added, “I would like to personally thank all the participants in our inaugural Hyundai branded rally as well as the NPSA for assisting, supporting, and promoting the Adelaide Rally in 2021, and we look forward to more collaboration going forward.” If any members are interested in being part of the Peter Page Hyundai rally team in 2022, Paul recommends registering your interest quickly before the places are all taken, by emailing info@peterpagehyundai.com.au . “In simple terms, it’s a great event, promoting car enthusiasts, but for Peter Page Hyundai, it’s an opportunity to get your Hyundai N on the road for some fun and excitement!” Paul said.

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ADVOCACY

JULY 1 AMBITION FOR NEW CODE In the lead up to the State election, the MTA is urging both major parties to move swiftly to implement amendments to the Fair Trading Act that mandates the Motor Vehicle Insurance and Repair Industry (MVIRI) Code of Conduct. In 2021, the MTA achieved a landmark victory when Parliament passed legislation to introduce enforceable penalties for breaches of the Code. “This is a major reform that had the support of all sides of politics and so we feel it’s reasonable to expect this to be up and running by the first of July 2022,” said Kaes Cillessen, the MTA’s Industry and Government Engagement Manager. “What remains is for regulations to be drafted by the government and the offices of the Small Business Commissioner and Consumer and Business Services prepared. “We are expecting schedule of penalties within the regulations, which will likely be expiation notices and fines that the Small Business Commissioner can issue for breaches of the Code of Conduct.” Under the Fair Trading Act, expiation notices of up to $6,000 can be issued but in practice, most industry codes only go up to $4,000. The MTA is asking the government to increase these closer to the $6,000 level. The only other jurisdiction that has the Code mandated is New South Wales, but there are no penalties for breaches. Introducing penalties for breaches makes South Australia a national leader and means that the

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industry is accountable to the highest standards in Australia for collision repairs. Where disputes arise between motorists, repairers and car insurance companies, the Small Business Commissioner will have the power to mediate and impose penalties. The changes will address long-standing problems in the industry that are not in the best interests of consumers and members. Disputes often centre on: •

difficulties in consumers accessing their repairer of choice and claims of insurers steering consumers toward their preferred network of repairers;

•

the use of second-hand and/or non-original equipment manufacturer parts in repairs and related safety, warranty and liability concerns when using those parts;

•

a lack of transparency of information, with consumers often not being made fully aware by insurers of all the details related to their repairs and/or insurance policies;

•

disagreements over the methodology used by crash repairers and insurers to assess the repairs needed, and the cost of said repairs, to restore the motor vehicle back to pre-accident condition, and the quote negotiation process; and

•

insurers choosing to provide cash settlements to consumers instead of repairing their vehicles.

“We hope that reforms at both the State and Federal level will improve the quality of repairs, as well as the relationship between insurers and repairers, for the benefit of the motoring public,” said Kaes.

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MEMBER NEWS

NOVITA MIGHTY RIVER RUN MTA member Todd Quigley recently took a break from his usual Monday to Friday to take part in the Novita Mighty River Run, boating up the Murray River from Mannum to Berri over five jampacked days. The event was a fundraiser for Novita – a charity which provides support services and equipment to kids, young people and adults living with disability in Adelaide and regional South Australia. The River Run is Novita’s once-a-year major fundraiser. This year has been the event’s most successful yet, with the participants raising over $700,000 through sponsors, donations, auctions and registration fees. Todd, owner of High Quality Car Sales at Somerton Park, was among the new participants this year, on board his own 2013 Supra speedboat, the ‘Knot For Sale’. “We chose to do it because it goes to a good cause. It’s for people who slip through the net – who don’t get NDIS funding. It’s a second stream to be able to help people who don’t get help,” Todd explained. Todd and his wife Ashley teamed up with friends from Trimboli Services

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and Valley Enterprises to form their crew of eight. “We decided that we enjoy the river, [the event] was right up our alley. “My wife and I entered the boat because registrations were about to cut off, and then one night we just mentioned it to a couple of friends, and we all decided it was a good idea. From there it all just came together. We stuck together and helped each other to make it happen,” Todd said. He and his crew raised an impressive $41,000 for the event, the highest amount out of the 32 teams. His crew started fundraising in March 2021, and are thankful to their long list of sponsors, which includes some other MTA members. On day four, the participants stopped in Renmark to see where these funds are being put to use. “You spend about four hours playing games with kids with disabilities. “You get to meet the people that it’s all about, and what the charity is about. That was probably one of the most special things – to see where your money goes,” Todd said.

It was clear that one of the other event highlights was passing through each of the four locks between Mannum and Berri. “There’s always a big water fight. When the boats go in and they close the lock it breaks out into a massive water fight where people have got pumps in their boat and big hoses,” said Todd. “It’s just having a bit of fun with a lot of like-minded people on the water that are just trying to do the right thing, and help out the less fortunate.” The Quigley’s highly recommend this event to other MTA members but warn that registration may be competitive next year, as this years’ event was at capacity. “We were very proud to be a part of it, and will continue to do so every year to raise funds for young people living with disabilities and to help create a more fulfilling life for them,” said Ashley. If you are interested in participating in or donating to this event, please visit the event page mightyriverrun.novita. org.au 

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MEMBER NEWS

AUSTRALIAN AUTO AFTERMARKET EXPO

THE WORKSHOP OF THE FUTURE IS HERE >

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ADVOCACY

MTA PETITIONS PREMIER TO ADOPT NATIONAL FRAMEWORK The MTA has called on the State Government to come into line with the national framework for dealing with “close contacts” of people who contract COVID-19. In a letter to Premier Steven Marshall, MTA CEO Paul Unerkov also urged the Government to add the automotive sector to the list of essential services. “During November 2020 and July 2021 lockdowns, much of the automotive industry was recognised in formal directions as an essential service due to the critical importance of vehicle repair industry and its supply chain to maintaining the mobility of South Australians,” he said in the letter. “MTA members as employers have a strong commitment to the health and safety of their employees, having responsibly operated during these lockdown periods, as well as complying with ongoing public safety measures in place such as the use of masks in indoor public spaces, social distancing and the use of the COVID-SAfe Check-In system. “In a recent survey, 94.7% of South Australian MTA members told us that they would like their employees who are close contacts to be able to safely return to work, provided they comply with conditions such as a

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“In a letter to Premier Steven Marshall, MTA CEO Paul Unerkov also urged the Government to add the automotive sector to the list of essential services.” PCR test undertaken, negative rapid antigen tests and full vaccination status, in line with other industry sectors in South Australia. “South Australia has also diverged from the definition of a close contact agreed to by National Cabinet. The conflicting arrangements and poor communication are not only causing confusion for the automotive industry they are restricting industry’s ability to trade in an already challenging environment. “Our members are regularly advising us that employees having to isolate as close contacts is having a significant

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ADVOCACY

impact on their businesses, including site shutdowns, against a backdrop of pre-existing skill shortages in the automotive industry.

just forced into isolation for long periods of time and businesses are shutting down.

“Accordingly, the MTA strongly urges you to adopt the national framework in South Australia as a matter of urgency.”

“The second issue relates to critical industries, where if you are a close contact but double vaxxed, asymptomatic and have a negative test, you could return to work wearing a mask.

The MTA’s Industry Government Engagement Manager, Kaes Cillessen, said the situation was “quite dire”. Many businesses were impacted because staff were being forced into isolation as casual or close contacts.

“Disappointingly, South Australia again went with its own framework, which included some industries but largely overlooked the automotive industry.

“We have seen a growing list of shortages and a clear need to keep industry and businesses going,” he said. “National Cabinet adopted a new definition of a close contact, essentially with a four-hour a benchmark, mainly in household environments. “There was some indication that South Australia was going to be a signatory to that, but ultimately we learned from SA Health that SA would act separately from the rest of the country. It was very confusing and disappointing for our members. “There are obviously people who are sick with COVID-19 and need to isolate. But are a lot of healthy people

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“Once again, SA is departing from what we thought was a consistent national framework. “In the past there has been a recognition that the automotive industry, particularly repair and the parts supply chain, is an essential service to keeping the mobility of Australians in place. “So we really strongly urged the Premier to adopt those national standards in South Australia.” The Premier responded to the MTA acknowledging our request to expand the list to include the automotive industry, but disappointingly did not commit to alignment with National Cabinet’s framework.

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LONG-STANDING MEMBER

RHEMAC MOTORS BY LUCY BREWER

Rhemac Motors, located at Gawler, was started in 1969 by friends David Jewis and John Day. The business initially specialised in mechanical repairs, led by David, and crash repairs, led by John. A little while after the business opened David’s brother, Des, joined as an apprentice mechanic. In the mid 80’s John left the business, and took the crash repair section with him. Around the same time Rhemac Motors added Engine Reconditioning as a service, led by Des. During the 1990’s David’s sons, Peter and Mark, also joined the team, ensuring the business would be a family affair for the foreseeable future. Mark started as an apprentice in 1994, and has worked his way up over the years, developing as the business did.

MTA CEO Paul Unerkov awarding Rhemac Motors with their 50-Year MTA Membership Certificate.

“In the mid 2000s, I started spending more time on the front counter dealing with customers, and working in the background on business improvement. Currently, I manage the engine machine shop and the parts of the business that go on in the background that no one sees,” said Mark.

“To move an entire workshop and machine shop, with as minimal impact to business as possible, and get the chance to set the workshop up from a clean slate was a massive challenge,” he said. “It took an immense amount of planning and work, but to see it all come together and end up with the result we did was fantastic.”

Rhemac Motors began as a small workshop but has broadened its offering over the years. In the 1980s, an engine machine shop was added and the business developed a specialisation in performance engine work.

COVID-19 proved challenging for Rhemac Motors with an initial decline in work. However, Mark has since seen a significant upside to the pandemic as far as mechanical workshops are concerned.

“Over the years, like all businesses, it adapted to suit the market of the time,” said Mark.

“More recently with the restrictions and unpredictable nature of travel, I believe it’s driven a boom in hobbyist restorations and rebuilds which has seen us very busy,” he said.

The client range Rhemac Motors handles is extensive. The business offers services and repairs for the cars of local residents, as well as engine work for other mechanical workshops throughout South Australia and interstate. “We’ve also been an oil and lubricant distributor and reseller for various brands for many years, servicing a lot of smaller workshops and wineries in our area and in the Barossa and Clare Valleys,” said Mark. “We’ve had a close association with the RAA for many years starting as an approved repairer, and then becoming a road service contractor for the Gawler area.” Rhemac Motors moved shops a decade ago, a process Mark stated was a career highlight, and marked a new stage for the business.

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Rhemac Motors recently celebrated their 50-Year MTA Membership milestone, an amazing achievement that shows their dedication to the SA automotive industry. “The MTA provide a valuable range or resources and advice that we can rely on to help our business in many ways, including keeping up with current regulations, advocating for our industry, and training and support that smaller businesses need,” said Mark. As for the future (perhaps inspired by the pandemic), Rhemac Motors is focussed on change: “If our business isn’t looking to the future and changing to adapt, then the future will pass us by.”

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It all starts with spirit With low fees and a history of strong returns, we back hard-working Aussies. spiritsuper.com.au Advice on Spirit Super is provided by Quadrant First Pty Ltd (ABN 78 102 167 877, AFSL 284443) and issuer is Motor Trades Association of Australia Superannuation Fund Pty Ltd (ABN 14 008 650 628, AFSL 238718), the trustee of Spirit Super (ABN 74 559 365 913). Read the PDS and TMD at spiritsuper.com.au/pds before making a decision. Past performance isn’t a reliable indicator of future performance. The value of investments can rise or fall, and investment returns can be positive or negative.

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W O R K P L AC E R E L AT I O N S

WORKPLACE VACCINATION REQUIREMENTS The purpose of this article is to provide a guide to Members on how to navigate COVID-19 vaccination in the workplace, and to ensure they meet their WHS obligations. It provides members with tools on how to implement such a policy, or determine whether it is the right step for the business.

circumstances where you can reasonably require an employee to be vaccinated in order to continue to attend the workplace:

to comply with a government health order will be an offence, punishable by penalties and potentially, imprisonment.

•

where there is a requirement under a State or Territory law or public health order

•

where there is a term in an applicable employment contract, enterprise agreement, or other registered agreement that requires an employee to get vaccinated against a particular disease, or

It is important to notify employees of vaccination requirements under any government law or public health order and follow the relevant guidelines. Vaccination exemptions may exist for some employees, such as on medical grounds. If an employee is exempt, obtain evidence of their circumstances and put in place measures to mitigate the risk of infection transmission.

•

if no legal requirement exists, where the direction to vaccinate is considered lawful and reasonable.

WORKPLACE VACCINATION OBLIGATIONS Employers have obligations under work health and safety legislation to, as far as reasonably practicable, reduce the risk of injury or illness occurring in the workplace. Therefore, employers must consider what control measures can be implemented to reduce the likelihood of the spread of infectious diseases (eg COVID-19 or influenza) in the workplace. This may include implementing a voluntary immunisation program encouraging employees to get vaccinated. Consideration may also be given to whether it is reasonable and appropriate to implement a policy requiring employees to be vaccinated.

DIRECTING AN EMPLOYEE TO GET VACCINATED Generally, there are three

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Information and rules regarding workplace vaccinations are subject to change with evolving government guidance and Fair Work Commission cases in this area.

LEGAL REQUIREMENT TO BE VACCINATED Where a government imposed health order requires an employee to be vaccinated, it is important that they comply with that order, and that steps are taken to ensure that they are compliant (such as asking the employee to provide proof of vaccination). In most cases, a failure

Where an employee cannot, or does not wish to comply with a government direction in relation to vaccination, there may be consequences for their ongoing employment. Please contact the MTA Team on 08 8291 2000 to discuss your options.

NO LEGAL REQUIREMENT TO BE VACCINATED In the absence of a government health order, you can implement a vaccination policy where it is a lawful and reasonable direction. A direction may be considered lawful if it is not contrary to an employment contract, enterprise agreement, or award, or a Commonwealth, State, or Territory law that applies. Generally, a direction

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W O R K P L AC E R E L AT I O N S that an employee provide their employer with proof of vaccination will be lawful.

infection in the workplace in light of your operations, public health advice, and regulatory guidance.

The more difficult question will be whether a direction to vaccinate is reasonable. Whether it is a reasonable direction will need to take into account all the relevant circumstances, which will include:

Vaccination, whether encouraged or mandated, may be a reasonable control measure to address infection transmission risks. However, other controls may still be required to adequately address health risks and meet your health and safety obligations. Alternative control measures include providing Personal Protective Equipment (PPE), practicing hand hygiene, and implementing a detailed Infection Control Policy. These should especially be considered if your risk assessment identifies vaccination as a reasonable control measure but it cannot be implemented for whatever reason.

•

the nature of the workplace (is there a possibility that employees can come into contact with the disease, for example interacting with members of the public or working in close proximity to other employees?)

•

the employee’s circumstances, including the nature and risks of the duties they perform in an environment which may be prone to infection spread or where close contact with vulnerable people is required

•

the effectiveness of other measures to successfully mitigate the risk of infection spread (such as PPE), and

•

whether the employee has a valid reason for refusing the vaccine.

To establish the reasonableness of a direction to get vaccinated, undertake a risk assessment and consult with employees. If you cannot direct an employee to be vaccinated, consider encouraging employees to be vaccinated (for example, by arranging for a workplace vaccination program, or providing paid leave for an employee to obtain a vaccination). Before implementing any vaccination policy, contact the Workplace Relations Team on 08 8291 2000 for specific advice on your circumstances.

RISK ASSESSMENTS AND MEETING YOUR OBLIGATIONS When considering whether to implement any vaccination policy, conduct a risk assessment in consultation with your workers assessing the risk and likelihood of

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A further alternative to vaccination could be to require an employee to return a negative pathology test for a particular disease. A direction to take a test still needs to be lawful and reasonable, connected to the employee’s employment and nature of their workplace, and necessary for an employer to know the employee’s fitness to work.

REQUESTING PROOF OF VACCINATION You may request evidence that an employee has received a vaccination, such as a copy of the employee’s Immunisation History Record or the COVID-19 certificate issued by Medicare / MyGov. An employee may refuse to provide evidence if the request is not related to a mandatory vaccination. Review the Office of the Australian Information Commissioner website to ensure you are aware of any privacy obligations.

COST OF THE VACCINATION There may be terms in the applicable award, enterprise agreement or employment contract regarding costs associated with vaccinations which must be met.

REQUIRING VACCINATIONS OR PROVIDING IMMUNISATION PROGRAM If vaccination is imposed as a term of employment, then you must pay the cost of the vaccination, especially in respect of existing employees. If the vaccination is supplied to the public free of charge, then ensure that the employee receives the vaccine during paid work hours (or paid as appropriate if it needs to be done outside work hours) while covering any practitioner fees and associated costs.

RECOMMENDING OR ENCOURAGING VACCINATION If vaccination is not mandated in the workplace, then you do not need to cover the cost of the vaccination or provide paid time off for the employee to receive it. You may, at your discretion, consider other ways to support the employee being vaccinated such as: •

agreements to access paid annual leave

•

flexibility in work hours or location, and

•

paid time off.

MAKING VACCINATIONS A CONDITION OF EMPLOYMENT Making vaccinations a condition of employment may be reasonable but can carry high risk. Particularly where an employee does not want to (or cannot) be vaccinated, there is a risk of workplace dispute, unfair dismissal, general protections or discrimination claims being raised. Given these risks, it is important to seek advice before implementing or seeking to enforce any vaccination policy. More questions? Call the MTA team on 08 8291 2000 or email wr@ mtasant.com.au  for specific advice on your employment and health and safety responsibilities in relation to vaccinations in the workplace.

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LONG-STANDING MEMBERS

Southgate Automotive 

25-YEAR MEMBER Jeremy Scott presents Peter Altman, of Southgate Automotive, with a 25-Year MTA Membership certificate.

75-YEAR MEMBER

Kincraig Motors 

Peter Roberts presents Reginald Pallant, of Kincraig Motors, with a 75-Year MTA Membership Certificate at the South East Zone Meeting.

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NEW MEMBERS

NEW MEMBERS Adam Nicholson Northpoint Murraylands 

Abdullah Bakhtyari - Affordable Tyres Supreme Garage  Evan Kim

Scott Holland Complete Automotive Service 

Georgios Nikolau Headlight Restoration Adelaide 

Kevin Xe BDK Automotive 

Alexander and Falon Perkins Down South Crash Repair 

Olivia Stapleton Pitt DB Motors 

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Adelaide RV  Paul Back

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CONSUMER & BUSINESS SERVICES

INTERSTATE WORK OPPORTUNITIES MADE EASIER

DINI SOULIO, COMMISSIONER FOR CONSUMER AND BUSINESS SERVICES

Businesses and workers operate with much greater flexibility these days. They’re able to work remotely, conduct transactions with customers online, and to move across state and territory borders (where permitted under COVID-19 restrictions). The new Automatic Mutual Recognition (AMR) scheme helps to facilitate workplace mobility by automatically recognising interstate licences and registrations. This saves workers from having to apply and pay for a new licence in another state or territory. Car dealers wanting to work in South Australia From 1 February 2022 second-hand vehicle dealers will be able to work in SA using their current dealer’s licence from another state or territory. For example, a licensed dealer in SA can employ a suitably licensed manager from interstate to work here, and a wrecker who holds an interstate licence as a second-hand dealer can sell vehicles in SA. However it is important to note that AMR only applies to individuals, not companies. If a dealer’s home state (i.e. their principal place of residence or work) becomes SA they will need to apply through existing mutual recognition arrangements to obtain a new substantive licence in SA. Interstate dealers who wish to work in SA must notify Consumer and Business Services (CBS) before commencing any work in SA. The online notification form will be available from CBS from 1 February 2022. There is no fee for notification. Interstate dealers will need to meet the same legal requirements as SA

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dealers while they are working in SA. Upon notification, CBS will provide interstate dealers with a factsheet highlighting certain requirements in SA – e.g. contract requirements, duty to repair defects, and cooling off rights for purchasers. Car dealers wanting to work interstate All states and territories, other than Queensland, have agreed to join the AMR scheme. If you are a licensed second-hand vehicle dealer in SA and wish to work in another state or territory you will need to check: •

if AMR has commenced for second-hand vehicle dealers in that particular state or territory

•

that you are eligible for AMR

•

if the licensing authority in that state or territory requires you to notify them before commencing any work in that state or territory – if so they will provide an online notification form. There is no fee for notification.

Bear in mind that this arrangement is only available where SA remains your home state. If you move your home state you will need to apply through existing mutual recognition arrangements to obtain a new substantive licence in that state or territory.

criminal action or know you are under investigation •

have conditions placed on your home state licence as a result of disciplinary or court action.

Important safeguards AMR incorporates safeguards to maintain standards when people are working in another state or territory. For second-hand vehicle dealers, this means that you must: •

hold a dealer’s licence in your home state or territory

•

only work within the scope and conditions of your existing licence or registration

•

obey the local laws in the jurisdiction you work in, otherwise you may face disciplinary action, licence suspension or cancellation, and be excluded from AMR

•

meet public protection requirements that relate to your occupation.

Other occupations Other CBS-regulated occupations that will be covered by AMR include: •

Builders and tradespeople

•

Plumbers, gas-fitters and electricians

•

Gaming machine technicians

Eligibility You will not be eligible for AMR if you:

•

Real estate professionals and conveyancers

•

Security and investigation agents.

•

are disqualified or suspended from carrying on business as a secondhand vehicle dealer or have been refused a dealer’s licence are subject to disciplinary, civil or

Further information For more information about AMR please visit www.cbs.sa.gov.au/news/ automatic-recognition-licences .

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25 Asta McCormack Superannuation Adviser

Advice

Get the right advice about your super Our Superannuation Advisers are here to help you get the most out of your super. No matter how simple or complex your needs, we offer the right advice at the right time. Common questions we answer include:

Your local Superannuation Adviser: Asta McCormack M 0406 375 230 E asta.mccormack@spiritsuper.com.au

• How do beneficiaries work and who should I nominate? • How does the government co-contribution work?

spiritsuper.com.au/advice

• How can I boost my retirement savings? • What is the best investment option for me? • What does my insurance cover me for? • What are my transition to retirement options? • What are the benefits of a pension account? Our Superannuation Advisers are fully qualified to give general and intra-fund advice about super and your Spirit Super account. General and intra-fund advice is offered at no additional cost — it’s all covered by your Spirit Super administration fees.

Get in touch today to book an appointment in person or over the phone. Advice on Spirit Super is provided by Quadrant First Pty Ltd (ABN 78 102 167 877, AFSL 284443) (Spirit Super Advice), which is wholly owned by Motor Trades Association of Australia Superannuation Fund Pty. Limited (ABN 14 008 650 628, AFSL 238718), the trustee of Spirit Super (ABN 74 559 365 913). A copy of the Financial services guide for Spirit Super Advice is available at spiritsuper.com.au/financial-services-guide or by calling us on 1800 005 166. You should consider the Product disclosure statement and Target market determination available at spiritsuper.com.au/pds or by calling 1800 005 166 before deciding if the fund is appropriate for you.

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CAREERS

INTRO TO AUTO The MTA has received positive feedback to date for the new initiative in its school pathways program, aiding in combatting the skills shortage in the automotive industry. Run by MTA School Pathways Coordinator, Andrew Parkes, Intro to Auto is a workshop designed as a direct response to feedback from schools, providing students with a first taste of the industry, but also equipping them with skills for life. So far, Andrew has visited Wilderness School, Para Hills High School and hosted a couple at the MTA itself. “The three-hour workshop is tailored to students in years 10-12 who either have a general interest in automotive, or who are simply looking to get their Ps and become independent drivers in the near future,” he explained.

The highlight of the workshop is undoubtedly the virtual reality demonstration, where students are able to experience a simulation of painting a vehicle and are scored on their abilities. During the workshop, Andrew talks them through his journey in automotive, and draws upon his years of industry experience to answer questions and provide guidance to those looking to break into the industry. For those students with career aspirations outside automotive, the workshop allows them to walk away with the knowledge and skills needed to be a safe and independent driver for life.

There are plenty of hands-on activities to keep students engaged.

If you or someone you know is interested in attending one of the free workshops, or if you would like to recommend the workshop to a school near you, please contact Andrew Parkes on the details below.

“We teach them to check crucial levels, properly maintain their vehicle and safely change a tyre,” said Andrew.

Andrew Parkes aparkes@mtasant.com.au  | (08) 8241 0522

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CAREERS



WATCH VIDEO

PROFESSIONAL DEVELOPMENT TRAINING Developed by Workplace Relations experts, our courses are available in-person or online via webinar – it’s never been easier to upskill and grow your business!

WHS & SafeWork Compliance

Paying Your Staff Correctly

Employment Contract Essentials

Christmas Essentials

Workplace Relations Performance Management, Misconduct & Discipline Enterprise Agreements & Bargaining

Refund, Repair or Replace

Australian Consumer Law

Repairer’s Lien & Unclaimed Goods

If you’d like to know more, visit our training portal at www.mtasant.com.au/training or contact our team on: 8291 2000 or wr@mtasant.com.au

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MTA152.1MAY21

As an MTA member, you’ll save more than $100 on your chosen training course. You’ll also have access to our online resources, like downloadable templates to implement straight away in your own business.

CASUAL EMPLOYMENT

2021’S MAJOR CHANGES TO CASUAL EMPLOYMENT IN AUSTRALIA Early in 2021, the Fair Work Act 2009 (Cth) (FW Act) was amended, making significant changes to the workplace entitlements and obligations for casual employees in Australia. These changes came into effect on 27 March 2021. Here are the key things you need to know about the changes to casual employment that happened last year:

OVERVIEW OF CHANGES The FW Act has been amended to include a: •

Definition of a casual employee

•

Right for long-term casual employees to request to convert to permanent employment

•

Requirement that casual employees be provided with a Casual Employment Information Statement

DEFINITION OF A CASUAL EMPLOYEE Recent court decisions gave rise to some uncertainty for employers as to whether an employee who was understood to be engaged on a casual basis, could be found to be a permanent employee (and entitled to the benefits of permanent employment, such as paid leave). The FW Act has now been amended to provide some clarity as to the definition of a casual employee. Now, if a person is offered employment without a “firm advance commitment to continuing and indefinite work”, and the employee

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accepts the offer on that basis, then the person is titled a casual employee. Significantly, the assessment of whether a person is a casual employee occurs on the basis of the offer of employment, not on the basis of any subsequent conduct of either employee/employer party. In determining whether the offer of employment makes no “firm advance commitment” of regular work, only the following considerations will be regarded:

Standards now include an entitlement for all casual employees to request to become permanent (full-time or part-time, consistent with the casual’s regular pattern of hours) should they meet certain eligibility criteria. Importantly, under the amended Act, employers, other than small business employers, now have an obligation to offer casual conversion to eligible employees (or advise the employee why it is not reasonable to make such an offer).

•

Whether the employer can elect to offer work and whether the person can elect to accept or reject work;

Employers must offer to convert a casual employee to permanent employment if the employee:

•

Whether the person will work as required according to the needs of the employer;

•

Has been employed for 12 months; and

•

During the last 6 months, has worked a regular and systematic pattern of hours without significant adjustment.

•

Whether the employment is described as casual employment; and

•

Whether the person will be entitled to a casual loading or a specific rate of pay for casual employees under the terms of the offer or a fair work instrument.

It is important that all members review the terms on which casual employees are engaged, to ensure that you are in the best position to defend any claims by casual employees.

RIGHT TO CASUAL CONVERSION Another key update to the FW Act is the inclusion of a casual conversion procedure. While a right to request conversion to permanent employment has been in some awards for some time, the National Employment

However, there will be no obligation on employers to make an offer if there are “reasonable business grounds” not to. In such instances, the employees cease to hold the right to request conversion for the next 6 months. Further, should an employee refuse an offer of conversion, they lose the right to convert for the next 6 months. Where an employer determines not to make an offer of conversion, they must give notice of the decision to employees within 21 days of when the right to be offered conversion occurred, or the employee retains a residual right to request conversion. To ensure compliance with the FW Act, members are encouraged to

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CASUAL EMPLOYMENT

review your current arrangements with casual employees to determine if they are entitled to convert to permanency. Also, look at designing and implementing processes to ensure compliance with the new casual conversion obligations.

CASUAL EMPLOYMENT INFORMATION STATEMENT The other key amendment to the FW Act is that there is now an obligation to provide casual employees with a Casual Employment Information Statement, created by the Fair Work Ombudsman, before or as soon as practicable after the commencement of their employment (this is to be provided in addition to the Fair Work Information Statement). Remember to: ensure you are providing all new casual employees with a copy of the Casual Employment Information Statement (in addition to the Fair Work Information Statement) upon commencement of their employment. Copies of the Casual Information Statement can be downloaded from the Fair Work Ombudsman’s website.

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A CASE STUDY: WORKPAC PTY LTD V ROSSATO (2021) 392 ALR 39 In August this year, the High Court of Australia delivered a landmark decision whereby it was ruled that the primary test in determining the “casualness” of an employee is by considering the express terms of a written employment contract. Mr Rossato, who had worked regular and predictable shifts, claimed he was not a casual employee for WorkPac on this basis. He sought to be paid for various entitlements, such as annual leave, public holidays, and periods of personal and compassionate leave he had taken during the course of his employment. WorkPac sought a declaration that Mr Rossato had been a casual employee for the purposes of the FW Act, and as such, was not entitled to such payments. In finding against Mr Rossato, The Court determined that the test for casual employment is based on whether there was a “firm advance commitment” in the enforceable terms of a contract of employment, and as such, unenforceable “understandings”

about the relationship between the parties should be rejected. Further, the Court found that predictable patterns of work are not inconsistent with casual employment. This decision provided much clarity for both employers and employees regarding how casual employment is defined. This case, combined with the recent amendments to the FW Act, is envisaged to resolve much of the ambiguity which was previously surrounding casual employment. What is clear from the Rossato case and the recent changes to the FW Act, is that it is critical that employers have clear written terms of engagement with their casual employees. Members are encouraged to utilise the resources available from the MTA, and seek advice, to ensure that their business is best protected from any future claims.

ANY FURTHER QUESTIONS?

If you have any further questions about the topics raised in this article, please contact the MTA WR Team on 8291 2000 for further advice.

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SKILLS

2022 HYBRID AND ELECTRIC VEHICLE COURSE DATES NOW AVAILABLE Upskill now and avoid missed income opportunities for your business by getting up to speed on hybrid and electric (HEV/BEV) vehicles.

Held over two nights, the advanced course expands upon the above short course and takes participants through further practices.

The MTA’s Registered Training Organisation offers the only introductory HEV/BEV course held in South Australia at the Skills and Careers Centre, Royal Park (RTO No. 2293).

This advanced course is a must for businesses and staff wanting to confidently work in this growing field.

The automotive industry is currently experiencing rapid change with the increasing HEV/BEV uptake. As this technology only becomes more prominent, your workshop will need technicians with the specialised skills to meet the service demands of the community. Preparing your staff for this rapid change is critical to the future of your business! Held over two-nights, this introductory course equips industry professionals with the skills to depower and reinitialise HEV and BEV systems, including a working competency of safe work practices, vehicle specific requirements, policies, procedures and more. Units AURETH101 Depower and reinitialise battery electric vehicles AURETH011 Depower and reinitialise hybrid electric vehicles Participants who successfully complete the course will be awarded a Statement of Attainment.

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Units AURETH101 Depower and reinitialise battery electric vehicles AURETH002 Service and maintain battery electric vehicles AURETH103 Diagnose and repair high voltage rechargeable energy storage systems in battery electric vehicles AURETH107 Diagnose and repair system instrumentation and safety interlocks in battery electric vehicles AURETH110 Diagnose and repair high voltage rechargeable energy storage systems in hybrid electric vehicles AURETH011 Depower and reinitialise hybrid electric vehicles AURETH012 Service and maintain electrical components in hybrid electric vehicles

NEW DATES AVAILABLE! To learn more about the accredited Core and Elective Units and view all 2022 dates, visit the course page here . If you’re ready to book or have questions regarding course delivery and accreditation, call us on 8241 0522 or email mtatraining@mtasant.com.au .

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Have your say!

Come and network with other like-minded members to discuss what matters to you

Farm and Industrial Machinery Dealers Association

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