New focus for Events Division outlined at Convention
The HRIA’s new Events Division committee hosted its inaugural workshop at HIRE19 in May. The meeting aimed to establish the issues it plans to focus on initially.
Topics under review were:
- The modern Awards for the Events market.
- Weighting guidelines.
- Compliance with the Disability Discrimination Act.
The issue of Modern Awards and the question of where the Retail Award ends and the Amusement Award begins, was a big topic at HIRE19.
A list of common classes of staff, employed by members, and the corresponding modern award covering them, is available from the HRIA portal on www.hireandrental.com.au. MST Lawyers offer free advice to HRIA members through the member hotline HRNet.
Brenton Allen, from MST Lawyers, said understanding where the Retail Award ends and the Amusement Award begins is a grey area.
“There is a history of conflicting commentary and limited case authorities,” Brenton said.
“The General Retail Industry Award 2010 covers the ‘sale or hire of goods or services to final consumers for personal, household or business consumption’ at a ‘retail establishment’. Work need not be performed ‘on site’ in order for it to be performed ‘at a retail establishment’ (Transport Workers Union v Coles Supermarkets Australia Pty Ltd 2014).
“The Amusement, Events and Recreations Award 2010 is expressed to cover employers that operate certain sporting, exhibition, amusement and recreational complexes, including employers engaged in the ‘supply, preparation, marking out, fabrication, installation, erection or dismantling of exhibition stands or associated componentry for the trades and public promotions industry.”
Brenton outlined options for events members including under the Fair Work Act, where employers and employees can apply to vary and /or make modern awards.
Another option is to ask the Fair Work Commission to provide an opinion on modern award coverage in a given factual set of circumstances.
A third option is to enter into an enterprise agreement, where submissions are covered by the Amusement Award and not the Retail Award.
Brenton said there is a need to change the coverage of the Modern Awards. This would provide a distinction between retail and events and establish what award applies in various businesses and circumstances.
“The HRIA together with MST is assessing options in the best interests of members,” he said.
HRNet was developed to provide members with information and support regarding their obligations as an employer. It is a free service paid for by HRIA and operated by qualified employment lawyers.
HRIA members can contact HRNet for advice and information on a broad range of employment issues including minimum wage rates, and employment entitlements, record keeping obligations, dispute resolution, employment dismissal issues, staffing issues when purchasing or selling a business and child employment.
Members can contact the HR hotline in their member portal.
Marquee structure design and weighting requirements were also under scrutiny. Tony Nettle from Nettle Engineering, said at the meeting:
“AS 4055 Wind Loads for Housing sets out a table of wind speed design criteria and ratings which has been used as a template for temporary structures, and AS 1170.2 Wind Actions sets out various design criteria relating to location, terrain and height,”.
“It is important to determine the type of hold-down loads to be used for specific temporary structures. Guidance notes are available on the HRIA website.”
Disability Discrimination Act
Andrew Sanderson from Architecture & Access outlined requirements under the Disability Discrimination Act regarding structures and equipment required at events for people with disability.
“In particular, it is important to ensure appropriate access at events For example when using ramps or lifts, there are provisions that must comply with AS 1428 Part 1,” Andrew said.
“Building surveyors will inspect provisions for people with disability at major events. At the Australian Grand Prix, for example, inspectors required greater effort to ensure compliance with standards in relation to the provision of access arrangements such as ramps.”
For more information, or to share any concerns or challenges in the events sector, call the national office on 02 9999 2255.