BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 338, Part 6 28 February 2003 Pages 506 – 633
[pic]NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 338, Part 6 28 February 2003
Pages 506 - 633
Page
Awards and Determinations
Awards Made or Varied
|Asphalt and Bitumen Industry (State) |ERR |626 |
|BHP Steel (AIS) Pty Ltd - Port Kembla Steel Works Employees Award 2000 | | |
| |VIRC |568 |
|BHP Steel (JLA) Pty Ltd - Springhill and CRM Works Employees Award 2001 | | |
| |VIRC |595 |
|Clerical and Administrative Employees (State) Consolidated |VIRC |605 |
|Entertainment and Broadcasting Industry - Cinema (State) |VSW |607 |
|Entertainment and Broadcasting Industry - Live Theatre and Concert (State) | | |
| |VSW |608 |
|Marine Charter Vessels (State) |VSW |610 |
|Miscellaneous Workers' - Independent Schools and Colleges, &c. (State) |VSW |612 |
|Motor Ferries (State) |VSW |614 |
|Private Pathology Laboratories (State) |VIRC |606 |
|Quarrying Industry (State) |ERR |627 |
|Real Estate Industry (State) Award 2003, The |AIRC |506 |
|Recorded Music and Visual Entertainment Reproduction (State) |VSW |616 |
|Security Industry (State) |VSW |618 |
|Ski Industry (State) |VSW |620 |
|Ski Instructors (State) |VSW |622 |
|Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Award, 2002 |AIRC |542 |
|Sydney Light Rail (State) Award 1997 |VSW |624 |
Enterprise Agreements Approved by the Industrial Relations Commission 628
Contract Agreements Approved by the Industrial Relations Commission 633
|(573) |SERIAL C1713 |
THE REAL ESTATE INDUSTRY (STATE) AWARD 2003
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Real Estate Association of New South Wales, industrial organisation of employees.
(No. IRC 6523 of 2002)
|Before The Honourable Justice Schmidt |27 November 2002 |
AWARD
Index
PART A
COMMON PROVISIONS
Clause No. Subject Matter
1. Scope of Part A
2. Anti-Discrimination
3. Definitions
4. Terms of Employment
5. Structural Efficiency
6. Duties of Employees
7. Expenses
8. Meal Break
9. Mobile Telephones
10. Uniforms
11. Employment Agreements
12. Salespersons Commission
13. Annual Holidays
14. Long Service Leave
15. Superannuation
16. Sick Leave
16A. Personal/Carers Leave
17. Redundancy
18. Grievance Procedure
19. Area, Incidence and Duration
PART B
Salespersons (Wholly Or Partly Salaried), Property Managers, Property Officers and Licensees-in-Charge
20. Scope of Part B
21. Remuneration - General
22. Remuneration - Salespersons
23. Remuneration - Property Managers
24. Remuneration - Property Officers
25. Remuneration - Licensees-in-Charge
26. Remuneration - Probationary Salespersons
27. Part-Time Employees
28. Casual Employees
29. Rostered Days Off - Salespersons and Licensees-in-Charge
30. Rostered Days Off - Property Managers & Property Officers
31. Locomotion
32. Telephone
33. Annual Leave Loading
34. Public Holidays
35. Jury Service
36. Compassionate Leave
37. Exemptions
PART C
Commission Only Salespersons
38. Scope of Part C
39. Exclusion
40. Alternative Form of Employment
41. Employee
42. Application of Certain Benefits
43. Remuneration
44. Rostered Days Off
PART D
Schedules
1. Employment Agreement
2. Certificate of Exemption
3. Employee’s Travel Schedule
PART E
Rates of Pay
Table 1 Rates of Pay
Table 2 Other Rates and Allowances
PART A
COMMON CONDITIONS
1. Scope of Part A
This PART shall apply generally in this award. Where a provision in this Part is in conflict with a provision of Parts B or C, the provision in Parts B or C shall prevail.
2. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti- discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti- discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".
3. Definitions
Unless the context of the award otherwise requires:
(a) "Builder" shall mean any person or company licensed by the Building Services Corporation of New South Wales.
(b) "Casual employee" shall mean an employee engaged and paid as such.
(c) "Employee" shall include all salespersons however employed, property managers, property officers and licensees-in-charge.
(d) "Employer" shall mean real estate agent, stock and station agent, business agent, strata managing agent, builder, property developer, auctioneer or any other person employing salespersons.
(e) "Licensee-in-Charge" shall mean an employee who is a holder of a licence under the Property Stock and Business Agents Act 2002 (NSW), or its predecessor Act, who is employed as the person in charge of a place of business as required by Section 31 of the said Act.
(f) "Part-time Employee" shall mean a salesperson, property manager or property officer who, in the case of a part-time salesperson regularly works fewer than five days a week, or, in the case of a part-time property manager or property officer, is engaged for a minimum of 3 hours for each start.
(g) "Probationary Salesperson" shall mean any person employed as a salesperson and who has been so employed for a period of not more than six months as a salesperson in the real estate industry.
(h) "Property Management Functions" shall include:
(i) selection of tenants;
collection of rents;
payment of outgoings;
accounting to the owner;
care and maintenance of the structure and its equipment;
preparation of management agency agreement;
Negotiation of lease terms and conditions;
preparation of Residential Tenancy Agreement;
liaison with owners of property;
taking inventory prior to occupancy;
inspecting property prior to termination of tenancy;
inspecting property prior to occupancy;
preparation of Rental Bond Board documents;
checking and collection of arrears of rent;
preparing end of month reconciliations for property owners;
preparation and execution of termination notice;
preparation and registration of lease agreement;
reporting regularly to owners on conditions of property;
reporting to owners on market conditions e.g. rental levels;
appraising properties for rental;
liaison with tradesmen;
arranging and checking repairs;
checking invoices;
arranging connection of power;
inspecting properties to determine repairs needed;
preparing budget for Owners Corporation;
attending meetings of the Executive Committee of the Owners Corporation or the Owners Corporation;
collecting contributions of maintenance and sinking funds for the Owners Corporation;
preparation of an application for an order from the Residential Tenancies Tribunal;
appearing before the Residential Tenancy Tribunal.
(ii) the management for and on behalf of any employer of any commercial property including but not limited to, multi- storey buildings, shopping centres, shopping arcades, shops, office space, car parking space, hotels, motels, showrooms, car yards, service stations and boarding houses, irrespective of the form of title, whether built or to be built and or vacant land used for commercial purposes.
(iii) the management for and on behalf of any employer of any industrial property including but not limited to, factories, warehouses and storage facilities, irrespective of the form of title, whether built or to be built and or vacant land used for industrial purposes.
(iv) the management for and on behalf of any employer of any residential property including, but not limited to, free standing houses, semi- detached houses, town houses, villas, home units and residential flats or flatettes, irrespective of the form of title, and time-sharing of property or portion of property irrespective of whether built or to be built.
(v) the management for and on behalf of any employer of any company title home unit, strata title home unit, strata title town house, strata title villa, strata title commercial building, strata title industrial building, company title unit building and strata title home unit building.
(vi) the management for and on behalf of any employer of any rural property including, but not limited to dairy farms, sheep and wheat stations, mixed produce farms, fruit or nut plantations, market gardens and mini- farms, with or without improvements whether built or to be built.
(i) "Property Manager" shall mean an employee appointed by the employer to manage the property management functions of any agency.
(j) "Property Officer" shall mean an employee who assists a property manager in the property management functions of an agency.
(k) "Salesperson" shall mean any person employed as a salesperson, which term shall include a lister:
(i) in connection with the sale or leasing of land either improved or unimproved; or
(ii) in connection with the sale or leasing of buildings whether built or to be built including home units (irrespective of the form of title); or
(iii) in connection with the sale or leasing of homes including project or volume homes and packages of land and home whether built or to be built; or
(iv) in connection with the arranging for or on behalf of any employer for the selling of and for the erection of buildings for and on behalf of any other person or company; or
(v) in connection with the sale leasing or brokerage of businesses of any kind; or
(vi) in connection with the arranging for and on behalf of any employer, the selling or assigning of time sharing of property or portion of property for and on behalf of any other person or company; or
(vii) in connection with the arranging for and on behalf of any employer, the selling or assigning of retirement villas or units, or portion of property for related purposes, for and on behalf of any other person or company; or
(viii) by an auctioneer or stock and station agent; or
(ix) Salesperson shall not include any person employed for the major or substantial part of his or her time in the sale of livestock; any person employed for the major or substantial part of his or her time as a property manager, property officer and/or in the collection of rents; any person employed for the major or substantial part of his or her time in any clerical capacity; licensee-in-charge.
(l) "Salesperson’s or employee’s commission" shall be any payment made to an employee in accordance with his or her contract of employment and evidenced in an Employment Agreement.
(m) "Settled Sale" shall mean a sale in respect of which an employer has received commission.
(n) "Time Sharing" of property shall mean an arrangement by which one party sells or assigns to another party the right to occupy a property or portion of a property for a fixed or floating period each year and to use and have the benefit of certain facilities on such property or portion thereof.
(o) "Weekly Employee" shall mean an employee other than a casual employee.
4. Terms of Employment
(a) Except in respect of casual employees, employment shall be on a full-time or part-time basis.
(b) An employee must give one week’s notice in writing to the employer of the intention to terminate his/her services. In the event that notice is not so given the employee shall forfeit one week’s salary.
(c) The employer may terminate the employment of the employee by giving the employee the notice (or payment of salary in lieu of notice) referred to in the following table:
|Employee’s Period Of Continuous Service |Minimum Period Of Notice |
| | |
|Not More Than 1 Year |1 Week |
|More Than 1 Year But Less Than 3 Years |2 Weeks |
|More Than 3 Years But Less Than 5 Years |3 Weeks |
|More Than 5 Years |4 Weeks |
If the employee is 45 years of age or older and has been employed by the employer for at least 2 years, the employee shall be entitled to an additional one week’s notice (or payment of salary in lieu of notice).
(d) Notwithstanding the provisions of sub clause (c) herein the employer may dismiss an employee for misconduct in which case the employee shall be paid up to the time of dismissal only.
(e) All salary, locomotion allowance, telephone allowance, expenses, payment under the Annual Holidays Act 1944 (NSW), payment of annual holidays loading and payment under the Long Service Leave Act 1955 (NSW), which are due and payable shall be paid to the employee within three working days of termination of employment.
(f) An employee shall apply himself/herself to the work directed to be done by the employer and the employee shall personally attend at such place and at such times as the employer may reasonably require. If the employee is unable to attend work and it is possible for him/her to notify the employer he/she shall forthwith do so. The employee shall give such evidence for his/her inability to attend as the employer may reasonably require.
(g) All listings, documents and records used in the employer's business shall remain the property of the employer. Upon termination of an employee’s employment for any reason, the employee shall immediately deliver up to the employer any listing or property management documents (that may be in either electronic or hard-copy form) as well as other records, files or any other property belonging to the employer that are either in the employee’s possession or within his or her control.
(h) Except in the proper course of his/her duties, an employee shall not, during the term of employment or after its termination, disclose or use any confidential information of or about the employer, its clients or suppliers to any other person, business or company except for the purposes of obtaining professional advice from a legal representative or the Real Estate Association of New South Wales or to comply with the requirements of law.
For the purpose of this clause "confidential information" shall include, but is not limited to, any of the following information of the employer whether described or contained in a written, tangible, electronic or oral form:
(ii) past or current customer or client lists; or
(iii) lists of properties managed by the employer on behalf of owners; or
(iv) inventions, designs, methodologies, structures, discoveries, ideas, concepts, charge out rates, lists of suppliers.
(i) For the purposes of this clause, "salary" shall mean:
(i) for employees employed under PART B:
the salary and allowances paid to such an employee.
(ii) for salespersons employed under PART C:
the average salesperson's commission earned by the employee calculated by dividing total commission received to the end of the last completed week of employment by the number of complete weeks for which the salesperson has been employed. However, if the employment has exceeded one year the average shall be calculated over the last year of employment preceding the last full week of employment.
5. Structural Efficiency
Enterprises may establish a consultative mechanism and procedures appropriate to the size structure and needs for consultation and negotiation on matters affecting efficiency and productivity.
6. Duties of Employees
An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training.
7. Expenses
An employee who incurs expenses at the request of the employer shall be reimbursed by the employer. Where reasonably practicable expenses shall be paid in advance.
8. Meal Break
No employee shall be required to work more than five hours without a meal break of not less than 20 minutes duration.
9. Mobile Telephones
(a) If an employer directs an employee in writing to supply and use a mobile telephone the employer shall meet the cost of the supply and use of the telephone.
(b) The basis on which the cost shall be met shall be agreed between the employer and the employee and be evidenced in the Employment Agreement prepared and registered in accordance with Clause 11 of this award.
(c) When the employer provides the telephone it shall remain the property of the employer.
10. Uniforms
(a) If an employer requires an employee to wear a uniform the employer shall provide it.
(b) The basis on which a uniform is provided, including what constitutes the uniform, shall be agreed between the employer and employee.
(c) The uniform shall remain the property of the employer.
11. Employment Agreements
(a) Where an employee whose employment is regulated by the provisions of this award commences employment after the operative date of this award and subject to subclause (e) herein, the employer shall prepare an Employment Agreement on behalf of the employee in the form contained in Schedule 1 of Part D of this award. Any Letter of Appointment or Employment Agreement prepared pursuant to any predecessor award and registered after 1 January 1993, shall remain in force until replaced with a new Employment Agreement.
(b) It is a condition of employment that the employee shall sign an Employment Agreement on or before the day employment commences.
(c) The employer and the employee shall sign the Employment Agreement and each shall receive a copy. Within 14 days of the Employment Agreement being signed, the employer shall send two copies of it to either:
The Real Estate Employers’ Federation of NSW
Level 16, 44 Market Street, SYDNEY NSW 2000:
or
Auctioneers and Agents Guild
P O Box 374, WINSTON HILLS NSW 2153
together with:
(i) The employer’s registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to either: The Real Estate Employers' Federation of NSW or Auctioneers and Agents Guild; and
(ii) The employee’s registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to the Real Estate Association of New South Wales.
(d) It is a condition of employment that the employee shall, if required by the employer, either pay to the employer the amount as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates being the registration fee payable by the employer on behalf of the employee to the Real Estate Association of New South Wales, or sign an authority authorising the employer to deduct the registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates from his or her salary within such period as may be agreed.
(e) An employer may prepare an Employment Agreement on behalf of an employee in a form different to that prescribed in Schedule 1 of Part D of this award provided that the terms and conditions contained in the Employment Agreement do not contravene the provisions of this award.
(f) Any variation in respect of the Employment Agreement shall not, unless agreed in writing between the employer and the employee, have the effect of terminating the Employment Agreement prepared in accordance with this clause and the creation of a new Employment Agreement, but shall amount to a variation of the agreement which shall remain in force and effect varied only to the extent of the change. Within 14 days of such variation being signed, the employer shall forward two copies of the variation to either The Real Estate Employers’ Federation of NSW or Auctioneers and Agents Guild, provided that the operative date of such variation shall be the date upon which the variation is signed by the employee.
12. Salesperson’s Commission
(a) Where it has been agreed that an employee is entitled to receive salesperson’s commission in addition to entitlements under this award the method of calculating the salesperson’s commission shall be evidenced in an Employment Agreement prepared in accordance with Clause 11 of this award.
(b) The method of calculating Salesperson’s commission shall in no case be inconsistent with any of the provisions of this award.
(c) The employer shall account to the salesperson in written form on the entitlement to commission as it becomes due and payable in accordance with the terms of the Employment Agreement.
(d) Where a salesperson or licensee-in-charge during employment was partly or wholly remunerated by salesperson’s commission he/she shall after termination of employment, be entitled to be credited with salesperson’s commission, only for sales exchanged before termination and settled thereafter and as specified in the said Employment Agreement.
However, where the employer exercises the right to make payment in lieu of notice upon termination of an employee’s employment in accordance with either Clause 4(b) or 4(c) of this award, the salesperson shall be entitled to be credited with sales commission in accordance with the salesperson’s Employment Agreement for sales effected by the salesperson that exchange during the notice period so stated and not otherwise and which settle thereafter.
13. Annual Holidays
See Annual Holidays Act 1944 (NSW).
14. Long Service Leave
See Long Service Leave Act 1955 (NSW).
15. Superannuation
See Real Estate Industry (State) Superannuation Award and relevant Occupational Superannuation legislation.
16. Sick Leave
(a) Each employee, other than a casual employee, who has completed three months continuous service, and who is absent from work on account of personal injury or illness, shall be entitled to leave of absence with pay subject to the following conditions and limitations:
(i) he or she shall not be entitled to paid leave of absence for any period in respect of which he or she is entitled to receive weekly workers' compensation payments;
(ii) he or she shall, where practicable, within twenty-four hours of the commencement of such absence, inform the employer of his or her inability to attend for duty, and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence;
(iii) he or she shall furnish such evidence as the employer may reasonably require that he or she was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; and
(iv) subject to subclause (c) of this clause, he or she shall not be entitled to sick pay for more than five days during his or her first year of service and eight days during his or her second and subsequent years of service.
(b) For the purposes of this clause "pay" shall mean:
(i) for employees employed under PART B: the salary paid to such an employee and, where the employee receives locomotion allowance in accordance with Clause 31 of this award, the standing charge portion of such allowance.
(ii) for salespersons employed under PART C:
the average salesperson's commission earned by him or her calculated by dividing total commission received to the end of the last completed week of employment by the number of complete weeks for which the salesperson has been employed. However, if the employment has exceeded one year the average shall be calculated over the last year of employment proceeding the last full week of employment.
(c) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (a) of this clause, which has in one year not been allowed to any employee by an employer as paid sick leave, may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year, provided that sick leave shall accumulate in accordance with this subclause only whilst the employee remains in the service of the same employer. Provided further that an employer shall not be bound to credit to an employee sick leave, which accrued more than 10 years before the end of the last completed year of service.
(d) Service prior to the commencement of this award shall be deemed to be service for the purpose of this clause.
16A. Personal /Carers Leave
(1) Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 16, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person; who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention; to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave for Family Purpose
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (c)(ii) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed to by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(4) Time Off in Lieu of Payment for Overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a), of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off during ordinary hours and works those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.
(6) Rostered Days Off
(a) An employee may elect with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all-rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both a party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of rostered days off flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
17. Redundancy
(1) Application
(a) This clause shall apply in respect of full-time and part-time employees.
(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(2) Introduction of Change
(a) Employer’s duty to notify
(i) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(b) Employer’s duty to discuss change
(i) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph 2(a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(ii) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(iii) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(3) Redundancy
(a) Discussion before terminations
(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub-paragraph (i) of paragraph (a) of subclause (2) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of sub-paragraph (i) of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(4) Termination of Employment
(a) Notice for Changes in Production, Program, Organisation or Structure
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure" in accordance with subclause (2)(a)(i) above.
(i) In order to terminate the employment of an employee the employer shall give to the employee the following notice:
|Period of continuous service |Period of Notice |
| | |
|Less than 1 year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.
(iii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for Technological Change
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (2)(a)(i) above:
(i) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.
(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(iii) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955 (NSW), the Annual Holidays Act 1944 (NSW) or any Act amending or replacing either of these Acts.
(c) Time off during the notice period
(i) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(ii) If the employee has been allowed paid leave for more than one day during the notice period for the purposes of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(d) Employee leaving during the notice period
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
(f) Department of Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.
(g) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of subclause (2) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.
(5) Severance Pay
(a) Where an employee is to be terminated pursuant to subclause (4) above, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:
(i) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of Service |Entitlement |
| | |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks pay |
|2 years and less than 3 years |7 weeks pay |
|3 years and less than 4 years |10 weeks pay |
|4 years and less than 5 years |12 weeks pay |
|5 years and less than 6 years |14 weeks pay |
|6 years and over |16 weeks pay |
(ii) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
|Years of Service |Entitlement |
| | |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks pay |
|2 years and less than 3 years |8.75 weeks pay |
|3 years and less than 4 years |12.5 weeks pay |
|4 years and less than 5 years |15 weeks pay |
|5 years and less than 6 years |17.5 weeks pay |
|6 years and over |20 weeks pay |
(iii) "Weeks pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.
(b) Incapacity to pay
Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.
The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission of New South Wales thinks relevant, and the probable effect paying the amount of severance pay in subclause 5(a)(i) or (ii) above will have on the employer.
(c) Alternative Employment
Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above if the employer obtains acceptable alternative employment for an employee.
18. Grievance Procedure
(a) Where an employer and employee are in dispute in regard to matters contained in this award, the following procedure shall govern the settlement of such dispute or claims and shall be open to an employer or employee.
(b) Upon a dispute arising the employer or the employee shall raise that matter with the other party or his/her nominated representative as soon as practicable, and the party with whom the dispute has been raised shall fully investigate the matter and shall reply to the other party within two working days of such dispute being raised.
(c) In the event of the employee not being satisfied with the employer's reply the employee may advise the Real Estate Association of New South Wales who may raise the matter with the employer.
(d) If the matter remains unresolved the parties shall convene a conference between the Real Estate Association of New South Wales and the Industrial Union of Employers of which the employer is a member who shall attempt to resolve the dispute.
(e) A matter, which is not resolved in conference, will be notified to the Industrial Relations Commission of New South Wales.
(f) The parties shall at all times confer in good faith and without undue delay.
(g) While the above procedure is being followed work shall continue in accordance with this award.
(h) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this award.
(i) In the event of a party failing to observe these procedures, the other party may take such steps as are open to it to resolve the matter or proceed to the next step or steps under this procedure.
19. Area, Incidence and Duration
(a) This award rescinds and replaces the Real Estate Industry (State) Award published 9 November 2001 (329 I.G. 278), and all variations thereof, but no right or entitlement accrued under that award shall be affected by the coming into operation of this award.
(b) This award shall apply to all employees defined herein in the State of New South Wales excluding the County of Yancowinna.
(c) This award shall take effect from the first pay period to commence on or after 1 January 2003 and shall remain in force thereafter for a period of three years.
(d) Notwithstanding any other provisions this award shall not apply to employees whose service ceased, for any reason, prior to the date on which this award was made.
PART B
SALESPERSONS (WHOLLY OR PARTLY SALARIED), PROPERTY MANAGERS, PROPERTY OFFICERS AND LICENSEES-IN-CHARGE
20. Scope of Part B
This PART shall apply only to salespersons who are paid wholly or in part by salary, to property managers, property officers and licensees-in-charge.
Note: This PART does not apply to employees under PART C of this award.
21. Remuneration - General
(a) No employee under this Part shall be remunerated solely by any form of commission.
(b) In no case shall the salary be paid less frequently than monthly.
(c) The rates of pay in this award include the adjustments payable under the State Wage Case of May 2002.
These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
22. Remuneration - Salesperson
The minimum salary of a salesperson employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.
23. Remuneration - Property Manager
The minimum salary of a property manager employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.
24. Remuneration - Property Officer
(a)
(i) The minimum salary of a property officer employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates, subject to the following:
At 20 years of age, 80% of the rate for a GRADE 2 property officer; or
At 19 years of age, 70% of the rate for a GRADE 2 property officer; or
At 18 years of age, or less 60% of the rate for a GRADE 2 property officer.
(ii) Provided that once the employee attains 21 years of age and he/she has completed a minimum of one year’s employment as a Property Officer, he/she shall be classified as a Grade 2 Property Officer.
(b) A Grade 1 Property Officer is a property officer with a minimum of three years' full-time adult employment in property management who works under limited supervision. He or she may supervise and train other staff.
(c) A Grade 2 Property Officer is a property officer with a minimum of one year's full-time adult employment in property management who works under general supervision.
(d) A Grade 3 Property Officer is a property officer with less than one year's full-time adult employment in property management who works under direct supervision.
(e) Direct Supervision shall mean that a person:
(i) receives detailed instructions on the work to be performed;
(ii) performs tasks which are part of an overall work routine; and
(iii) is subject to regular personal progress checks on the work being performed.
(f) General Supervision shall mean that a person:
(i) receives instructions on what is required on unusual or difficult features of the work and on the method of approach when new procedures are involved;
(ii) is normally subject to progress checks which are usually confined to unusual or difficult aspects of the task; and
(iii) has the knowledge and experience required to perform the duties usually without specific instruction but has assignments reviewed on completion.
(g) Limited Supervision shall mean that a person:
(i) may be subject to progress checks which will be principally confined to establishing that satisfactory progress is being made; and
(ii) may have his/her assignments reviewed on completion.
25. Remuneration - Licensee-in-Charge
(a) The minimum salary of a licensee-in-charge shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.
26. Remuneration - Probationary Salespersons
(a) The proportion of probationary salespersons to salespersons employed as full-time employees shall not exceed in the case of any individual employer or place of business, one-to-one or part thereof. Provided that where an employer had not previously employed salespersons he or she may employ a probationary salesperson as the first salesperson but employment of further probationary salespersons shall thereafter be in the proportion stated in this clause.
(b) The minimum salary of a probationary salesperson employed as a full-time employee shall be 80 per cent of the salary prescribed in Table 1, Rates of Pay, of Part E, Monetary Rates for salespersons.
(c) A probationary salesperson shall not be employed as such by an employer or employers for a period of more than six months in the real estate industry.
(d) Except where the context of this award otherwise requires, all provisions of this award shall apply to probationary salespersons.
27. Part-Time Employees
(a) A part-time employee shall be paid:
(i) in the case of a part-time salesperson - for each day of work, one-fifth of the salary prescribed in Table 1, Rates of Pay of Part E, Monetary Rates for Salespersons, or
(ii) in the case of a part-time Property Manager or Property Officer - for each hour of work, one-thirty-eighth of the salary prescribed for the employee's classification in Table 1, Rates of Pay of Part E, Monetary Rates with a minimum engagement of 3 hours for each start.
(b) Where a part-time employee is entitled to be paid a locomotion allowance, his or her entitlement shall be calculated on the basis of one-fifth for each day worked.
(c) Except where the context of this award otherwise requires, the provisions of this award shall apply to part-time employees on the basis of one-fifth entitlement for each day worked.
28. Casual Employees
A casual employee shall be paid the following:
(a) In the case of a casual salesperson - 1/5 of the full-time rate provided in Table 1, Rates of Pay of Part E, Monetary Rates for a SALESPERSON - plus 20% for each day worked.
(b) In the case of a casual property manager or property officer - 1/38th of the full-time rate provided in Table 1, Rates of Pay of Part E, Monetary Rates for a PROPERTY MANAGER or PROPERTY OFFICER plus 20% for each hour worked. Provided that the minimum engagement for a casual Property Manager or Property Officer shall be 3 hours.
(c) Where a casual employee is entitled to be paid a locomotion allowance his or her entitlement shall be calculated on the basis of one-fifth for each day worked.
(d) The remuneration prescribed for casual employees in subclauses (a) and (b) herein includes any payment due pursuant to the Annual Holidays Act 1944 (NSW).
29. Rostered Days Off - Salespersons & Licensees-in-Charge
(a) Subject to subclauses (b) and (c), a salesperson, other than a casual salesperson, and a licensee-in-charge, shall be allowed a minimum of two days rostered free of duty in each week. Such rostered days off shall be given and taken in one consecutive period or two periods each of one day.
(b) However, a salesperson or licensee-in-charge and his or her employer may agree in writing that days off be deferred and taken later.
(c) If having elected to take time as leave in accordance with paragraph (b) of this clause, the leave is not taken for whatever reason, payment for time accrued at the rate prescribed in subclause (e) below, shall be made at the end of the 12 month period or on termination.
(d) An employer shall maintain a roster, which shows duty days and days free of duty.
(e) A salesperson or licensee-in-charge who is specifically directed to work on any rostered day off, shall be paid for such work at the rate of two days pay for each day worked. Where a salesperson or licensee-in-charge works on a rostered day off at his or her own initiative (i.e. without any specific direction from the employer to do so) he or she shall not be entitled to payment in accordance with this clause.
30. Rostered Days Off - Property Managers & Property Officers
(a) Subject to subclause (d), the employer shall allow a property manager or property officer, other than a casual, either one and a half or two days rostered free of duty each week.
(b) When two rostered days off are granted in any week they shall be given and taken either in one consecutive period, in two periods each of one day, or, when the property manager or property officer works on a Saturday morning, three periods comprising one day and two half days.
(c) When one and a half rostered days are granted in any week:
(i) they shall be given and taken either in one consecutive period, or in two periods of one day and one half day; and
(ii) the property manager or property officer shall be paid in respect of the additional half-day's work an additional 1/10th of his/her salary.
(d) Notwithstanding any other provision in this clause, a property manager or property officer and employer may agree that days off or half days off be deferred and taken later.
(e) An employer shall prepare a roster, which shows duty days (or half days), and days (or half days) free of duty.
(f) A property manager or property officer who is directed to work on any rostered day or half day off shall be paid additional salary at the rate of one day's pay for each half day worked.
(g) For the purposes of this clause a half-day means a period of time ending at or before 1 p.m. or starting after 1 p.m.
31. Locomotion
A. WEEKLY USE
(a) Where an employer provides a vehicle for the use by an employee in the course of the employee performing his or her duties under this award, the expenses arising out of the provision, maintenance and lawful operation of such vehicle, shall be met by the employer.
(b)
(i) Where an employee is required by the employer to make his or her own vehicle available for use in performing his or her duties under this award, the employee shall be paid a locomotion allowance as prescribed in either subclause (ii) or (iii) herein.
(ii) Employees whose vehicle is up to 5 years of age shall be paid a standing charge allowance plus the amount per kilometre for the distance travelled by his/her vehicle in performing his/her duties under this award, as set out in Item 2 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle. Provided that where the employer and expressly agree, a lump sum payment as set out in Item 2 of Table 2 - Other Rates and Allowances of Part E- Monetary Rates, calculated by reference to the engine size of the vehicle, may be applied in place of the standing charge and per kilometre rate.
(iii) Employees whose vehicle is over 5 years of age shall be paid a standing charge allowance plus the amount per kilometre for the distance travelled by his/her vehicle in performing his/her duties under this award, as set out in Item 3 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle. Provided that where the employer and employee expressly agree, a lump sum payment as set out in Item 3 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle, may be applied in place of the standing charge and per kilometre rate.
(iv) For the purpose of subclauses (b)(ii) and (iii), the age of the vehicle shall be determined by reference to the date stamp on the compliance plate of the vehicle.
(c) For the purpose of sub-clauses (b)(ii) and (iii), distance travelled to and from the place where the vehicle is customarily garaged shall be regarded as travel for the purpose of performing duties under this award.
(d) Where an employee is entitled to a locomotion allowance under either sub-clause (b)(ii) or (iii) of this clause, the standing charge allowance only shall be paid to the employee during periods of annual leave and long service leave. Provided that this clause shall not entitle the employee to payment of the locomotion allowance, in the calculation of any accrued or pro-rata annual leave or long service leave upon termination of employment.
(e) The payments under subclause (b)(ii) or (iii) of this clause shall not be payable when the:
(i) employee is absent from duty without the consent of the employer; or
(ii) vehicle is unavailable due to accident or mechanical defect, provided that payments under sub-clause (b)(ii) and (iii) herein shall be paid for any day on which the employee provides an alternate vehicle for the purposes of performing his/her duties under this award; or
(iii) employee is on any unpaid leave; or
(iv) the employee is unable to use the vehicle due to loss of his or her drivers licence.
(f) Except in circumstances where the employee is paid a lump sum in accordance with the agreement reached in (b)(ii) or (iii) above, the employee shall maintain an accurate record of distances travelled for work performed under this award in the form of or similar to that contained in Schedule 3 of Part D of this award.
(g) To receive a payment for kilometres travelled in accordance with either subclause (b)(ii) or (iii) of this clause, the employee shall present to the employer the record of distances travelled for work performed under this award, by no later than 7 working days of the end of the pay period in which the travel occurred.
(h) Payment for kilometres travelled by the employee in performing his/her duties under this award, shall be made in the pay period next following that in which the travel schedule was lodged with the employer.
(i) Notwithstanding anything contained in this clause, an employer and an employee may agree to locomotion provisions different from those prescribed in this clause provided that such provisions shall not result in payment less than the employee would have received in accordance with subclauses (b)(ii) or (iii) herein.
(j) Any employee who, immediately preceding the commencement of this award, received a locomotion allowance under a Letter of Appointment registered in accordance with the Real Estate Industry (State) Award published in the Industrial Gazette Volume 274 dated 7 May 1993 and all variations thereto, will not by the operation of this award suffer any net reduction in the amount of that locomotion allowance while he/she remains employed by the employer named in the Letter of Employment or any successor or assignee of that employer.
B OTHER THAN WEEKLY USE - PROPERTY MANAGERS OR PROPERTY OFFICERS
Should a full-time property manager or property officer agree to make his or her own vehicle available for use in the course of his or her employment, the following shall apply:
(a) The Employment Agreement shall specify which days of the week the vehicle is required to be made available for use, and the employee shall be recompensed at the rate of one-fifth of the weekly lump sum for each such day;
(b) The days of the week upon which the vehicle is required to be made available may be varied by agreement where circumstances arise making it mutually convenient to do so;
(c) Notwithstanding the provisions of this clause, where the vehicle is required to be made available on more than two days in the week, the weekly lump sum allowance shall be paid for that week.
32. Telephone
(a) Where an employee uses a telephone at his or her place of residence in the course of his/her duties performed under this award, he/she shall be reimbursed by the employer the annual rental as set out in Item 4 of Table 2 of Part E, Monetary Rates at a weekly rate as set out in Item 4 of Table 2 of Part E, Monetary Rates and the cost of local, STD and/or trunk calls required to be made by the employer.
(b) In respect of a part-time employee or a casual employee, one-fifth of the weekly rental shall be paid in respect of each day worked in addition to the cost of each call required to be made by the employer. Payment for the cost of calls shall be made in the pay period next following that in which the calls were made.
(c) By agreement an employer may pay the lump sum as set out in Item 4 of Table 2 of Part E, Monetary Rates per week to cover the cost of all local, STD and ISD calls and rental.
(d) Where an employee is entitled to a telephone allowance under either subclause (a) or (c) of this clause, the rental component of the allowance only shall be paid to the employee during periods of annual leave and long service leave. Provided that this clause shall not entitle the employee to payment of the telephone allowance in the calculation of any accrued or pro-rata annual leave or long service leave upon termination of employment.
33. Annual Leave Loading
(a) In this clause the Annual Holidays Act 1944, is referred to as "The Act".
(b) Before an employee is given and takes an annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (f)).
(c) The loading is payable in addition to the pay for the period of holiday pay given and due to the employee under the Act and this award.
(d) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or had become entitled since 1 September 1974, under the Act, and this award (but excluding days added to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 1 December 1974, or where such a holiday is given and taken in separate periods, then in relation to each such separate period.
(e) The loading is the amount payable for the period or the separate period as the case may be, stated in subclause (d) at the rate per week of 17 1/2 per cent of the appropriate minimum salary prescribed by this award for the classification in which the employee was employed immediately before commencing his or her annual holiday, but shall not include other allowances or payments prescribed by this award.
(f) No loading is payable to an employee who takes an annual holiday wholly or partly in advance provided that, if the employment of such employee continues until the day when he/she would normally have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (e) of this clause applying the award minimum salary payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 1 September 1974, and the entitlement to the holiday arises after that date.
(g) Where, in accordance with the Act and after 1 September 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving annual holiday or leave without pay to the employees concerned:
(i) an employee who is entitled under the Act to an annual holiday and who is given and takes such holiday shall be paid the loading calculated in accordance with subclause (c) of this clause;
(ii) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him or her under the Act such proportion of the loading that would have been payable to him or her under this clause if he or she had become entitled to an annual holiday prior to the closedown as his or her qualifying period of employment in completed weeks bears to fifty-two.
(h)
(i) When the employment of an employee is terminated by his or her employer on or after 1 December 1974, for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he or she became entitled after 1 September 1974, he or she shall be paid a loading calculated in accordance with subclause (e) for the period not taken.
(ii) Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.
34. Public Holidays
(a) The following days shall be observed as holidays, namely, New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Sunday, Easter Monday, Queen's Birthday, Six Hour Day, Christmas Day, Boxing Day, and any other holiday which may, from time to time, be proclaimed for the State New South Wales, or any locality therein (in respect only to employees in that locality), in addition to or in lieu of such day or days. However, an employee may decline at his or her discretion to work on Good Friday, 25 April and 25 December.
(b) An employee who works at the specific direction of the employer on one of the days specified in subclause (a) of this clause shall be allowed by the employer two consecutive days holidays in lieu of the day worked within one week of the day so worked or an employee who works on any of the days specified in subclause (a) of this clause and who has not been allowed two days off in lieu of the day worked within one week of the day so worked shall be paid for such day at the rate of two days pay for each day worked.
(c) A casual employee employed to work on any holiday specified herein shall be paid double time and one half with a minimum payment, in the case of a Property Manager or Property Officer, for 3 hours work.
(d) Where an employee is absent from the employee’s employment on the working day before or after a public holiday prescribed under this clause without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment of such holiday.
35. Jury Service
(a) An employee, other than a casual employee, required to attend for jury service on a day on which he or she would otherwise have been at work shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and:
(i) his or her minimum weekly salary pursuant to this award in respect of his or her period of jury service; and
(ii) in respect of an employee entitled to a motor vehicle standing charge allowance prescribed by this award, that allowance in respect of his or her period of jury service.
(b) An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of his or her attendance, the duration of such attendance and the amount received in respect of jury service.
36. Compassionate Leave
(i) An employee, other than a casual employee, shall be entitled to two days compassionate leave on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause. Where the death of a person prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days compassionate leave. The employee shall be paid for such leave:
(a) his or her minimum weekly salary pursuant to this award, in respect of the period of such leave; and
(b) in respect of an employee entitled to a motor vehicle standing charge allowance prescribed by this award, that allowance in respect of the period of that leave.
(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.
(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 16A, Personal/Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 16A. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
37. Exemptions
(a) Except as to the provisions of clause 2, ANTI-DISCRIMINATION; subclauses (b), (c) and (d) of clause 12, SALESPERSON’S COMMISSION; clause 13, ANNUAL HOLIDAYS; clause 14, LONG SERVICE LEAVE; clause 15, SUPERANNUATION; clause, 16 SICK LEAVE; clause, 16A PERSONAL/CARERS LEAVE; clause 32, LOCOMOTION; clause 33, TELEPHONE; clause 34, ANNUAL LEAVE LOADING; and clause, 35 PUBLIC HOLIDAYS, of this award shall not apply to:
(i) a Salesperson:
(1) who is required to work on 6 days of the week and who is in receipt of a salary at least equal to the salary prescribed by Table 1, Rates of Pay, of Part E, Monetary Rates for a SALESPERSON plus 30 per cent of that amount; and
(2) in respect of whom a Certificate of Exemption has been registered by the employer; or
(ii) a Salesperson:
(1) who is required to work on 7 days of the week and who is in receipt of a salary at least equal to the salary prescribed by Table 1, Rates of Pay, of Part E, Monetary Rates for a SALESPERSON plus 45 per cent of that amount, and
(2) in respect of whom a Certificate of Exemption has been registered by the employer; or
(iii) a Property Manager:
(1) who is required to work on 6 days of the week and who is in receipt of a salary of at least equal to the salary prescribed by Table 1, Rates of Pay of Part E, Monetary Rates, for a PROPERTY MANAGER plus 30 per cent of that amount; and
(2) in respect of whom a Certificate of Exemption has been registered by the employer; or
(iv) a Property Manager:
(1) who is required to work on 7 days of the week and who is in receipt of a salary of at least equal to the salary prescribed by Table 1, Rates of Pay, of Part E, Monetary Rates for a PROPERTY MANAGER plus 45 per cent of that amount; and
(2) in respect of whom a Certificate of Exemption has been registered by the employer.
(b) Certificates of Exemption shall be prepared by the employer in the form contained in Schedule 2 of Part D of this award.
(c) It is a condition of employment that the employee shall sign the Certificate of Exemption on or before the day employment commences.
(d) The employer and the employee shall sign the Certificate of Exemption and each shall receive a copy. Within 14 days of the Certificate of Exemption being signed, the employer shall send two copies of it to either:
The Real Estate Employers' Federation of NSW
Level 16, 44 Market Street, SYDNEY NSW 2000:
or
Auctioneers and Agents Guild
P O Box 374, WINSTON HILLS NSW 2153
together with:
(i) The employer’s registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to either: The Real Estate Employers' Federation of NSW or Auctioneers and Agents Guild; and
(ii) The employee’s registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to the Real Estate Association of New South Wales.
(e) It is a condition of employment that the employee shall, if required by the employer, either pay to the employer the amount as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates being the registration fee payable by the employer on behalf of the employee or sign an authority authorising the employer to deduct the registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates from the employee’s salary within such period as may be agreed.
(f) Any variation in respect of the Certificate of Exemption shall not, unless agreed in writing between the employer and the salesperson, have the effect of terminating the Certificate of Exemption prepared in accordance with this clause and the creation of a new Certificate of Exemption, but shall amount to a variation of the Certificate of Exemption which shall remain in force and effect varied only to the extent of the change. Within 14 days of such variation being signed, the employer shall send two copies of it to either The Real Estate Employers’ Federation of NSW or Auctioneers and Agents Guild, provided that the operative date of such variation shall be the date upon which the variation is signed by the employee. Provided that the requirement to forward copies of the variation to either The Real Estate Employers’ Federation of NSW or Auctioneers and Agents Guild shall not apply to a variation which only affects commission arrangements between the employer and the employee.
PART C
COMMISSION ONLY SALESPERSONS
38. Scope of Part C
This PART shall apply only to a salesperson who is licensed pursuant to Divisions 1 and 2 of Part 2, of the Property Stock & Business Agents Act 2002 (NSW) or its predecessor Act, as stock and station agents, real estate agents or business agents and who together with his/her employer have prepared an Employment Agreement in accordance with Clause 11 of this award.
Note: This PART does not apply to employees under PART B of this award.
39. Exclusion
This PART shall not apply to a Licensee-in-Charge, Property Manager or Probationary Salesperson.
40. Alternative Form of Employment
Subject to clause 38 of this PART a salesperson may by agreement with his or her employer be employed pursuant to this PART as an alternative to employment under PART B.
41. Employee
A salesperson employed pursuant to this PART shall be an employee for all purposes.
42. Application of Certain Benefits
In addition to the entitlements conferred by this PART a salesperson employed hereunder shall be covered by:
(a) the Annual Holidays Act 1944 (NSW);
(b) the Long Service Leave Act 1955 (NSW); and
(c) PART A of this award.
(d) Occupational Superannuation legislation.
43. Remuneration
(a) Salesperson's commission shall be calculated in accordance with the method agreed between employer and employee and evidenced in an Employment Agreement as required by Clause 11 of this award.
(b) Where a sale is effected by two or more salesperson the selling commission shall be divided between the salesperson in such proportion as they agree.
44. Rostered Days Off
(a) A salesperson employed pursuant to this Part shall be allowed a minimum of two days free of duty in each week. Such rostered days off shall be given and taken in one consecutive period or two periods each of one day.
(b) However, a salesperson and his or her employer may agree in writing that days off be deferred and taken later. Leave not taken for whatever reason shall be paid at the end of the 12 month period or upon termination and calculated in accordance with the provisions of Clause16 (b)(ii).
(c) The taking of deferred rostered days off in any week or weeks shall in no way affect the taking of days off required by subclause (a).
PART D
SCHEDULES
SCHEDULE 1
EMPLOYMENT AGREEMENT
|AN AGREEMENT made on the ……………………... |day of ………………. |20 ……………….….. |
| | |
|BETWEEN: …………………………………………………………………………………………………... |
|(Legal Name of Employer) | |
| |
|ABN: …………………………………………...…….. | |
| |
|Of: ………………………………………………………………………………... |Post Code: …………. |
| |
|Phone: ………………………………………………… | |
| |
|Trading as: …………………………………………………………………………………………..………... |
|(write "As above" if same) | |
|In the State of NSW ("the Employer") | |
| |
|AND: ……………………………………………………………………………………………………..…… |
|(Full Name of Employee) | |
|("the Employee") | |
| |
|Business Phone: ……………………………………… | |
| |
|Unless otherwise stated, reference to the "award" in this Employment Agreement shall mean The Real Estate |
|Industry (State) Award 2003, as may be varied, from time to time. |
| |
| |
|WHEREBY IT IS AGREED as follows: | |
| | |
| |
|1. |COMMENCEMENT DATE AND CLASSIFICATION: |
| |
| |Employee's commencement date: …………………… |
| |
| |Employee's award classification (please tick appropriate box): |
| |
| |Salesperson (Salaried) |( |Probationary Salesperson |( |
| |Salesperson (Commission Only) |( |Licensee-in-Charge |( |
| |Property Manager |( |Property Officer |( |
| |
| |
|2. |THE EMPLOYEE IS ENGAGED: |
| |(please tick as appropriate) |
| |
| |Full-time |( |Part-time |( |Casual |( |
| | |
|3. |PROBATIONARY PERIOD: |
| |
| |A probationary period of 3 three months shall apply (please tick as appropriate): |
| |
| |( |Yes |( |No |
| |
| |If yes, the probationary period will end on ………………………. It is agreed that either party may |
| |terminate the employment on or before this date by providing one week's notice to the other party. |
| | |
|4. |WAGE/SALARY: |
| |
| |The employee will be paid (please tick as appropriate): |
| |
| |( |The award wage for the classification of the employee; OR |
| |( |A wage in excess of the award rate for the classification of the employee; OR |
| |( |The payment of a wage or salary is not applicable because the salesperson will be paid |
| | |commission only (this only has application to a salesperson licensed pursuant to the provisions |
| | |of the Property Stock and Business Agents Act 2002 or its predecessor Act). |
| |
|5. |LOCOMOTION ALLOWANCE: |
| |
| |The employee is required to provide his or her own motor vehicle in the course of the employment |
| |(please tick the appropriate box) |
| |
| |( |Yes |( |No |
| |
| |If yes, the employee shall receive as a minimum, the locomotion allowance as prescribed in Clause |
| |31of the award. Such allowance shall be paid as either (please tick as appropriate): |
| |
| |( |A lump sum; OR |
| |( |Standing Charge and per km rate; OR |
| |( |The payment of a locomotion allowance is not applicable because the salesperson will be paid |
| | |commission only. |
|6. |PHONE ALLOWANCE: |
| |
|(a) |The employer requires the employee to use a telephone at the employee’s place of residence in the |
| |course of employment (please tick as appropriate) |
| |
| |( |Yes |( |No |
| |
| |If yes, the employee shall receive as a minimum, a home telephone allowance as prescribed by |
| |Clause 32 of the award. Such allowance shall be paid as either (please tick as appropriate): |
| |
| |( |A lump sum; OR |
| |( |Weekly rental and cost of calls; OR |
| |( |The payment of a home phone allowance is not applicable because the salesperson will be paid |
| |commission only |
| |
|(b) |The employee is required to supply or use a mobile phone |
| |
| |( |Yes |( |No |
| |
| |If yes, the basis on which the cost shall be met will be set out in Paragraph 12 of this Employment |
| |Agreement |
| |
|7. |EXPENSES: |
| |
| |Where the employee incurs expenses at the request of the employer, such expenses shall be |
| |Reimbursed by the employer. Where reasonably practicable, expenses shall be paid in advance. |
| |
|8. |METHOD OF PAYMENT: |
| |
| |Any money paid to the Employee by the Employer will be paid (please tick as appropriate): |
| |
| |( |Weekly |( |Fortnightly |( |Monthly |
| | |
| |By Way of: |
| | |
| |( |Electronic transfer |( |Cheque |( |Cash |
| |
|9. |METHOD OF CALCULATING COMMISSION/INCENTIVE PAYMENTS: |
| |
| |Where the Employee is to be remunerated either in whole or in part, by an incentive scheme, the |
| |arrangements shall be as set out in the accompanying annexure |
| |
|10. |STATUTORY ENTITLEMENTS: |
| |
| |The Employee shall be entitled to benefits prescribed under the Annual Holidays Act 1944 and Long |
| |Service Leave Act 1955. |
| |
|11. |LEAVE ENTITLEMENTS: |
| | |
| |The Employee shall be entitled to sick leave, personal carers leave and compassionate leave in |
| |Accordance with the provisions of The Real Estate Industry (State) Award 2002, as varied, from |
| |time to time. |
| |
|12. |OTHER PROVISIONS: |
| |
| |The Employer and the Employee have further agreed to the following provisions: |
| |
| |………………………………………………………………………………………………………… |
|13. |SIGNATURES |
| | |
| |SIGNED by: |…………………………………………………… | |
| | |Name of the Employee | |
| | | | |
| | |……………………………………………………. |Date: |………………..….. |
| | |Signature of Employee | |
| |
| |SIGNED |For and on behalf of ………………………………………………………………. |
| | |Name of Organisation | |
| |
| | |……………………………………………….…… |Date: |…………………… |
| | |Signature of Employer | |
| |
| |
|14. |REGISTRATION OF THIS EMPLOYMENT AGREEMENT: |
| | |
| |The Employer and the Employee shall sign this Employment Agreement and each shall retain a copy. |
| |Within fourteen days of this Employment Agreement being signed, the Employer shall register the |
| |Employment Agreement in accordance with Clause 11 of The Real Estate Industry (State) Award |
| |2003. |
| | |
| | |
|15. |ACKNOWLEDGMENT OF RECEIPT BY EMPLOYEE: |
| | |
| |The Employee hereby acknowledges that a copy of this Employment Agreement and annexure |
| |thereto is in his/her possession. |
| | |
| |Signature of Employee: |………………………………………… |Date: |…….……………….. |
| | |
| | |
|16. |AUTHORITY TO DEDUCT: |
| | |
| |The Employee hereby authorises the Employer to deduct $55.00 from the Employee's salary over a |
| |period of …………… week(s). This amount is the registration fee for this Employment Agreement |
| |and is payable to The Real Estate Association of New South Wales. |
| | |
| |Signature of Employee: |………………………………………… |Date: |………………….….. |
| | |
SCHEDULE 2
CERTIFICATE OF EXEMPTION
|AN AGREEMENT made on the ………..…………… |day of ………………. |20 ………….…….….. |
| | |
|BETWEEN: …………………………………………………………………………………………………… |
|(Legal Name of Employer) | |
| |
|ABN: ………………………………………..……….. | |
| |
|Of: ……………………………………………………………………………… |Post Code: …………... |
| |
|Phone: ………………………………………………... | |
|Trading as: ………………………………………………………………………………………..….………… |
|(write "As above" if same) | |
|In the State of NSW ("the Employer") | |
| |
|AND: …………………………………………………………………………………………………………… |
|(Full Name of Employee) | |
|("the Employee") | |
| |
|Business Phone: ……………………………………… | |
| |
|Unless otherwise stated, reference to the "award" in this Employment Agreement shall mean The Real Estate |
|Industry (State) Award 2003, as may be varied, from time to time. |
| |
|WHEREBY IT IS AGREED as follows: | |
| |
|1. |COMMENCEMENT DATE AND CLASSIFICATION: |
| |
| |Employee's commencement date: …………………… |
| |
| |Employee's award classification (please tick appropriate box): |
| |
| |Salesperson (Salaried) |( |
| | | |
| |Property Manager |( |
| |
|2. |THE EMPLOYEE IS ENGAGED: |
| |(please tick as appropriate) |
| |
| |Full-time |( |Part-time |( |Casual |( |
| | |
|3. |PROBATIONARY PERIOD: |
| |
| |A probationary period of 3 three months shall apply (please tick as appropriate): |
| |
| |( |Yes |( |No |
| |
| |If yes, the probationary period will end on ………………………. It is agreed that either party may |
| |terminate the employment on or before this date by providing one week's notice to the other party. |
| | |
|4. |WAGE/SALARY: |
| |
| |The employee will be paid a wage at least equal to that for the classification of the employee |
| |pursuant to the award plus 30 percent (in which case the employee may be required to work 6 days |
| |each week) or 45% (in which case the employee may be required to work 7 days each week. |
| |
|5. |LOCOMOTION ALLOWANCE: |
| |
| |The employee is required to provide his or her own motor vehicle in the course of the employment |
| |(please tick the appropriate box) |
| |
| |( |Yes |( |No |
| |
| |If yes, the employee shall receive as a minimum, the locomotion allowance as prescribed in Clause |
| |31 of the award. Such allowance shall be paid as either (please tick as appropriate): |
| |( |A lump sum; OR |
| |( |Standing Charge and per km rate; OR |
| |( |The payment of a locomotion allowance is not applicable because the salesperson will be paid |
| | |commission only. |
| |
|6. |PHONE ALLOWANCE: |
| |
|(a) |The employer requires the employee to use a telephone at the employee’s place of residence in the |
| |course of employment (please tick as appropriate) |
| |
| |( |Yes |( |No |
| |
| |If yes, the employee shall receive as a minimum, a home telephone allowance as prescribed by |
| |Clause 32 of the award. Such allowance shall be paid as either (please tick as appropriate): |
| |
| |( |A lump sum; OR |
| |( |Weekly rental and cost of calls; OR |
| |( |The payment of a home phone allowance is not applicable because the salesperson will be paid |
| |commission only |
| |
|(b) |The employee is required to supply or use a mobile phone |
| |
| |( |Yes |( |No |
| |
| |If yes, the basis on which the cost shall be met will be set out in Paragraph 12 of this Certificate of |
| |Exemption |
| |
|7. |EXPENSES: |
| |
| |Where the employee incurs expenses at the request of the employer, such expenses shall be |
| |Reimbursed by the employer. Where reasonably practicable, expenses shall be paid in advance. |
| |
|8. |METHOD OF PAYMENT: |
| |
| |Any money paid to the Employee by the Employer will be paid (please tick as appropriate): |
| |
| |( |Weekly |( |Fortnightly |( |Monthly |
| | |
| |By Way of: |
| | |
| |( |Electronic transfer |( |Cheque |( |Cash |
| |
|9. |METHOD OF CALCULATING COMMISSION/INCENTIVE PAYMENTS: |
| |
| |The employee will be further entitled to sales commission/bonus in accordance with the provisions |
| |agreed to between the employer and the employee and as contained in a separate document, a copy |
| |of which is to be kept by each of them. |
| |
|10. |STATUTORY ENTITLEMENTS: |
| |
| |The Employee shall be entitled to benefits prescribed under the Annual Holidays Act 1944 and Long |
| |Service Leave Act 1955. |
| |
|11. |LEAVE ENTITLEMENTS: |
| | |
| |The Employee shall be entitled to sick leave, personal carers leave and compassionate leave in |
| |Accordance with the provisions of The Real Estate Industry (State) Award 2002, as varied, from |
| |time to time. |
|12. |OTHER PROVISIONS: |
| |
| |The Employer and the Employee have further agreed to the following provisions: |
| |
| |………………………………………………………………………………………………………… |
| |………………………………………………………………………………………………………… |
| |………………………………………………………………………………………………………… |
| |………………………………………………………………………………………………………… |
| |………………………………………………………………………………………………………… |
| |………………………………………………………………………………………………………… |
| |
|13. |SIGNATURES |
| | |
| |SIGNED by: |…………………………………………………… | |
| | |Name of the Employee | |
| | | | |
| | |……………………………………………………. |Date: |…………………… |
| | |Signature of Employee | |
| |
| |SIGNED |For and on behalf of ………………………………………………………………. |
| | |Name of Organisation | |
| |
| | |……………………………………………….…… |Date: |…………………… |
| | |Signature of Employer | |
| |
|14. |REGISTRATION OF THIS EMPLOYMENT AGREEMENT: |
| | |
| |The Employer and the Employee shall sign this Certificate of Exemption and each shall retain a |
| |copy. Within fourteen days of this Certificate of Exemption being signed, the Employer shall |
| |register it in accordance with Clause 11 of The Real Estate Industry (State) Award 2003. |
| | |
|15. |ACKNOWLEDGMENT OF RECEIPT BY EMPLOYEE: |
| | |
| |The Employee hereby acknowledges that a copy of this Certificate of Exemption is in his/her |
| |Possession. |
| | |
| |Signature of Employee: |………………………………………… |Date: |…….……………….. |
| | |
|16. |AUTHORITY TO DEDUCT: |
| | |
| |The Employee hereby authorises the Employer to deduct $55.00 from the Employee's salary over a |
| |period of …………………… week(s). This amount is the registration fee for this Certificate of |
| |Exemption and is payable to The Real Estate Association of New South Wales. |
| | |
| |Signature of Employee: |………………………………………… |Date: |……………………….. |
| | |
SCHEDULE 3
|EMPLOYEE'S TRAVEL SCHEDULE |
| |
|To be completed by the employee in order to be reimbursed in accordance with Clause 31 of The |
|Real Estate Industry (State) Award, for each kilometre travelled in the course of employment. |
| |
| |
|Employer: (insert trading name) |………………………………………………………………….. |
| |
|Employee: (insert name) |………………………………………………………………….. |
| |
|Pay period ending: (insert date) |………………………………………………………………….. |
| |
|Car Odometer Reading Start: |………………………………………………………………….. |
| |
|Car Odometer Reading Finish: |………………………………………………………………….. |
| |
|Car: Make & Model: |………………………………………………………………….. |
|DATE |START |DESTINATION |PURPOSE |TOTAL KMS |SIGNATURE |
| |LOCATION | | |TRAVELLED | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| |TOTAL | | |
|THE EMPLOYEE SHALL PRESENT A COPY OF THIS SCHEDULE TO THE EMPLOYER AT THE |
|END OF THE NOMINATED PAY PERIOD. |
| |
|Employer’s signature: |…………………………… |
| |
|Date Received: |…………………………… |
PART E
MONETARY RATES
Basic Wage for Adult Males: $121.40 per week
Table 1 - Rates of Pay
|Full-time Employees |Old Rate Per Week |May 2002 |New |
| | |SWC |Wage Rate |
| | |Adjustment |Per Week |
| | | |(ffpp 1/1/2003) |
| |$ |$ |$ |
|Salesperson |448.10 |18.00 |466.10 |
|Property Manager |487.50 |18.00 |505.50 |
|Property Officer: | | | |
|Grade 1 |471.00 |18.00 |489.00 |
|Grade 2 |453.00 |18.00 |471.00 |
|Grade 3 |437.10 |18.00 |455.10 |
|Licensee-in-Charge |539.00 |18.00 |557.00 |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Amount |
|No. |No. | |$ |
|1. |11(c)(i) & (ii) & |Employment Agreement - employer and employee |55.00 each, which |
| |10(d) |registration fee |amount includes GST. |
|2. |31(A)(b)(ii) |Use of own vehicle where vehicle is new to five years | |
| | |of age: | |
| | |engine capacity up to and including 1600cc | |
| | | |- standing charge |76.25 per week |
| | | |- kilometre rate |0.12 per km |
| | | |- lump sum by agreement |140.00 per week |
| | |engine capacity 1601cc up to and including 2600cc | |
| | | |- standing charge |104.50 per week |
| | | |- kilometre rate |0.14 per km |
| | | |- lump sum by agreement |180.00 per week |
| | |engine capacity over 2600cc | |
| | | |- standing charge |108.75 per week |
| | | |- kilometre rate |0.16 per km |
| | | |- lump sum by agreement |195.00 per week |
|3. |31(A)(b)(iii) |Use of own vehicle where vehicle is over five years | |
| | |of age: | |
| | |engine capacity up to and including1600cc | |
| | | |- standing charge |38.75 per week |
| | | |- kilometre rate |0.12 per km |
| | | |- lump sum by agreement |105.00 per week |
| | |engine capacity 1601cc up to and including 2600cc | |
| | | |- standing charge |58.00 per week |
| | | |- kilometre rate |0.14 per km |
| | | |- lump sum by agreement |135.00 per week |
| | |engine capacity over 2600cc | |
| | | |- standing charge |63.25 per week |
| | | |- kilometre rate |0.18 per km |
| | | |- lump sum by agreement |160.00 per week |
|4. |32 |Telephone reimbursements: | |
| | | |- annual rental |250.00 |
| | | |- weekly allowance |4.80 |
| | | |- lump sum |10.00 |
|5. |37 |Certificate of Exemption - employer and employee |55.00 each, which |
| | |registration fee |amount includes GST. |
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(1410) |SERIAL C1654 |
STOREWORKERS - IGA DISTRIBUTION PTY LIMITED NSW DISTRIBUTION CENTRES AWARD, 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by the National Union of Workers, New South Wales Branch, an industrial organisation of employees.
(Nos. IRC 3866 and 4312 of 2000)
|Before The Honourable Justice Walton, Vice-President |10 July and 13 August 2002 |
|The Honourable Mr Deputy President Harrison | |
|Commissioner Patterson | |
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Area, Incidence and Duration
4. Anti-Discrimination
5. Categories of Employment
6. Terms of Engagement
7. Counselling Procedure
8. General Conditions
9. Wages
10. Payment of Wages
11. No Extra Claims
12. Classification Structure
13. Mixed Functions
14. First Aid
15. Meal Allowance
16. Special Rate
17. Fares and Travelling
18. Superannuation
19. Rosters
20. Hours of Day Work
21. Shift Work
22. Saturday Work
23. Sunday Work
24. Overtime
25. Crib Time
26. Meal Hours
27. Meal Hour Rates of Pay
28. Holidays
29. Rostered Holiday Work
30. Annual Leave
31. Long Service Leave
32. Sick Leave
33. Bereavement Leave
34. Personal/Carer's Leave
35. Jury Service
36. Attendance at Repatriation Centres
37. Settlement of Disputes
38. Consultative Committee
39. Union Delegates
40. Right of Entry
PART B - CONDITIONS FOR 4 NEWINGTON RD, SILVERWATER
1. Operation of Part C
2. Freezer Work
3. General Conditions
PART C
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. TITLE
This award may be referred to as the Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Award, 2002.
2. Parties
The parties bound by this award are the National Union of Workers, New South Wales Branch, and IGA Distribution Pty Limited
3. Area, Incidence and Duration
(i) This award regulates, in whole and exclusively, the conditions of employment of all storeworkers, other than salaried or staff employees, employed by IGA Distribution Pty Limited to work at its warehouses situated at 37 Bessemer Street, Blacktown and 4 Newington Road, Silverwater in the State of New South Wales.
(ii) The award is in full settlement of all rights between the parties and all pre-existing disputes are subsumed within it.
(iii) The award rescinds and replaces the Storeworkers - IGA Distribution Pty Limited NSW Distribution Centres Reviewed Award 2001 published 7 September 2001 (327 I.G. 560).
(iv) The award operates from the beginning of the first pay period to commence on or after 1 February 2002 and shall remain in force thereafter until 31 January 2004.
(v) To the extent of any inconsistencies between this award, previous agreements and the Storemen and Packers, General (State) Award, this award shall prevail.
4. Anti-Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(ii) It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects...any other Act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
5. Categories of Employment
(i) Full-time Employees
Full-time employees are employed to work on a regular roster totalling 38 hours per week averaged over a four-week period.
(ii) Casual Employees
Casual employees work on an on-call basis and may be employed for order assembly for up to 38 ordinary hours in any one week. There are no restrictions on the hours of work of casuals other than a maximum of ten and a minimum of four hours in any one-day.
Casual employees shall be paid at an hourly rate equivalent to 1/38th of the appropriate weekly wage plus 15% calculated to the nearest cent, any part of a cent not exceeding half a cent to be disregarded.
NOTE: In addition, the Annual Holidays Act 1944 requires that casual employees be paid an additional 1/12th as payment for annual leave.
Any dispute arising out of the employment of casuals shall be dealt with in accordance with clause 37, Settlement of Disputes.
(iii) Part-time Employees
(a) A part-time employee is employed to work on a regular roster totalling a minimum of 18 hours and up to 36 ordinary hours per week averaged over a four-week period.
There are no restrictions on the hours of work of part-time employees other than a maximum of ten and a minimum of four hours in any one-day.
(b) Part-time employees shall be employed on a roster, which shall be given in writing to the employee at the time of employment.
(c) The roster may be varied by mutual agreement or by the company on providing one week's notice of the revised roster.
(d) Part-time employees will be employed and paid at the appropriate full-time hourly rate. Entitlements such as sick and annual leave shall be pro rata to the number of hours worked during a week.
(iv) Seasonal or Fixed-term Employees
The company may employ storeworkers on a seasonal or fixed-term basis.
A seasonal or a fixed-term employee may only be employed on a full-time basis. Such employees are entitled to the same conditions and benefits as would apply to full-time employees.
A seasonal or a fixed-term employee may only be employed for a specific period of not more than a total of six months in any one engagement to meet the needs of the business. The duration of employment of any seasonal or fixed-term employee shall be specified in writing prior to commencement of employment.
(v) Limitations on the Use of Casual, Part-time and Seasonal Employees
(a) Casual Employees
Up to a ratio of 15% of full-time permanent employees on any one day.
This ratio may be increased to 30% in peak periods. These peak periods are mid-November to mid-February and March to April, or as agreed by the consultative committee.
(b) Seasonal or Fixed-term Employees
Up to a ratio of 5% of full-time permanent staff on any one day.
6. Terms of Engagement
(i) Employment shall be on a full-time, part-time or casual basis.
(ii) Employment of full-time and part-time employees during the first three months of service shall be probationary and shall be from day to day at the pro rata weekly rate, terminable by a day's notice on either side. The company shall indicate clearly to an employee at the time of engagement whether the employee is being engaged as a full-time, part-time or casual employee.
This subclause shall not apply to any person employed as a full-time or part-time employee who was, immediately prior to such employment, engaged as a casual worker by the company.
(iii) Subject to subclauses (ii) and (iv) of this clause, employment of full-time or part-time employees shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture, as the case may be, of one week's wages.
(iv) Notwithstanding any provisions of subclauses (i), (ii) and (iii) of this clause, the company shall have the right to dismiss an employee without notice for misconduct or refusing duty.
7. Counselling Procedure
(i) Where an employee's attendance and punctuality of attendance is not to the satisfaction of the company, the employee shall be entitled to two separate warnings.
(ii) Such warnings shall be given formally and shall be in writing.
(iii) The union delegate or co-delegate or alternate of the shift in question shall be present at the time of warning.
(iv) If, following the aforesaid warnings, the employee's attendance and punctuality of attendance remains not to the satisfaction of the company, the employment may be terminated forthwith.
(v) In the case of misconduct justifying instant dismissal, an employee may be instantly dismissed.
(vi) The procedure outlined in this clause shall be adopted in respect to the issue of work performance.
8. General Conditions
(i) A first-aid kit shall be provided, at the company's expense.
(ii) Each employee on the termination of their engagement shall, on request, be given a statement in writing, signed by the company, stating the position held by the employee and his/her length of service.
(iii) Adequate waterproof clothing shall be supplied to all employees when working in the rain.
(iv) Employees shall be provided with reasonable dining accommodation, locker, change rooms, adequate washing and toilet facilities and a plentiful supply of hot water and refrigerated water for drinking.
(v) Employees shall be allowed a ten-minute morning and afternoon tea break, or such other practice that exists as at the making of this award.
(vi) Parental Leave
See the Industrial Relations Act 1996.
(vii) Workers' Compensation
See the Workers Compensation Act 1987 and the Workplace Injury Management and Workers' Compensation Act 1998. Rostered days off do not accrue whilst on workers' compensation.
(viii) The company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.
(ix) All employees under this award shall, when returning for work after an absence, report to their respective supervisor and, where necessary, inform the supervisor of the reason for the absence.
(x) At the nominated starting time including overtime, employees will be ready to commence work on their equipment and/or at their recognised work location.
(xi) IGA Distribution Pty Limited shall, upon authorisation, deduct union membership dues, as levied by the union in accordance with its rules, from the pay of employees who are members thereof. Such monies will be forwarded to the union at the end of each accounting period with all necessary information to enable the reconciliation and crediting of subscription to members' accounts.
9. Wages
(i) Wages
The weekly wages for employees covered by this award payable from the beginning of the first pay period on or after the making of this award and thereafter shall be as specified in Table 1 - Wages, of Part C, Monetary Rates.
These wages will be referred to as the ordinary rates.
(ii) Training Allowance
An employee directed by the company to act, as a trainer will be paid an allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part C - Monetary Rates.
Such storeworkers shall be paid the daily rate for each day so directed up to the weekly maximum.
The allowance is a flat rate and not taken into account when calculating any other payment to which the employee may be entitled.
(iii) Increases
The wages set out in Table 2 - Other Rates and Allowances, of Part C - Monetary Rates, represent a 5% increase payable from the first pay period to commence on or after 1 February 2002. A second increase of 4% is payable from 1 February 2003.
(iv) Increase in Allowances
The percentage increases set out in subclause (iii) of this clause are applicable to all allowances prescribed in this award.
10. Payment of Wages
(i) All employees shall be paid during working hours on a day not later than Thursday of each week. Casual employees shall, where practicable, be paid at the termination of their engagement.
(ii) Wages will be paid by electronic funds transfer into a financial account of the employee's choosing. Any costs associated with an employee running the financial account will be compensated by payment of a non-taxed allowance of an amount per week as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part C, Monetary Rates.
11. No Extra Claims
(i) It is a term of this award that for the duration of the award the union shall not pursue any extra claims unless in accordance with the State Wage Case.
12. Classification Structure
(i) Storeworker Grade 1
An employee at this level performs work to the level of their training and:
(a) is responsible for the quality of their own work (subject to instructions and direction);
(b) works in a team environment and/or under routine supervision;
(c) undertakes duties in a safe and responsible manner;
(d) exercises discretion within their level of skills and training;
(e) possesses good interpersonal and communication skills.
Indicative of the tasks which an employee at this level may be required to perform include the following:
general labouring and cleaning duties;
order assembling including picking stock;
counting and sorting of products;
satisfying internal and external customer needs;
documenting and recording of goods, materials and components;
basic inventory control;
salvage;
use of hand trolleys, pallet trucks and non-licensed material handling equipment;
non-forklift loading vehicles;
basic use of VDU or similar equipment (including fixed scanner and keyboard) for a limited number of repetitious transactions requiring no discretion.
Promotional Criteria
An employee remains at this level until they are deemed competent at all tasks through assessment and certification so as to enable them to progress to the next level as a position becomes available.
(ii) Storeworker Grade 2 - Point of Entry: Grade 1
Means an employee with proven and demonstrated skills (including as, where necessary, appropriate certification) to the level required of this grade and to the work of lower grades and who has been appointed by the employer to perform such work on a continuous basis.
An employee at this level performs work to the level of their training and:
(a) is able to work from complex instructions and procedures;
(b) is able to co-ordinate work in a team environment under general supervision;
(c) is responsible for assuring the quality of their own work;
(d) possesses sound interpersonal and communication skills;
(e) is licensed and/or certified to operate all appropriate materials handling equipment, e.g. forklift, overhead crane, carousel, etc;
(f) may be required to perform the following tasks/duties:
loading/unloading of trucks;
inventory and stores control;
routine maintenance of stores equipment and machinery;
use of VDU or similar equipment (including terminals mounted on mobile equipment) for a limited number of repetitious transactions and the use of some discretion and simple data entry.
(g) may also be responsible for quality control of the work of other storeworkers without being responsible for their direction, i.e. checkers - with such term, for the purposes of this award, referring solely to the checkers engaged in the cigarette cage.
Promotional Criteria
An employee remains at this level until they are deemed competent at all tasks through assessment and certification so as to enable them to progress to the next level as a position becomes available.
(iii) Storeworker Grade 3 - Point of Entry: Grade 1 or Grade 2
Means an employee with proven and demonstrated skills (including, where necessary, appropriate certification) to the level of this grade and the work of a Grade 1 or Grade 2 and who has been appointed by the employer to perform such work on a continuous basis.
An employee appointed in this capacity performs work to the level of their training and:
(a) understands and is responsible for quality control;
(b) possesses an advanced level of interpersonal and communication skills;
(c) has sound working knowledge of all stores duties performed at levels below this grade, exercises discretion within scope of this grade, and has a good knowledge of the employer's product;
(d) where appropriate, is accredited by the employer as competent in the understanding of regulations relating to handling, storage and loading/unloading of specific product, e.g. chemicals, solvent and explosives;
(e) may perform work requiring minimal supervision, either individually or in a team environment;
(f) must be competent in the use of VDU or similar equipment (including terminals mounted on mobile equipment) for multiple transactions and including updating of work in progress and some maintenance and updating of stock, employee and location records;
(g) in addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards (optional). If first-aid ticket held, first-aid allowance paid in addition;
(h) may perform receiving and labelling of incoming goods;
(i) assists in the good order of workflow in an operating area by performing the functions of a leading hand.
A leading hand is appointed by the company to assist in the good order of workflow in an operating area by:
1. receiving instructions and allocating the work flow to employees;
2. controlling the standards of work and work output set by management and other staff;
3. determining shortages in labour, material or equipment and to advise the management staff for consideration.
Where a failure in training or behaviour occurs, the employee shall disengage from further action and place the matter into the hands of management.
Nonetheless, this does not preclude the employee from giving training but only on the general instructions of a manager.
The employee shall not become involved in planning annual leave rosters or rostered days off except by consultation with a manager to ensure a orderly overview of work, nor in discipline for behaviour, absenteeism or performance.
However, the employee shall give advice to the manager or other staff to assist with each of the above but only to the extent of ensuring good order and workflow.
The employee shall not breach any confidence placed in them by management staff.
Promotional Criteria
An employee remains at this level until they are deemed competent at all tasks through assessment and certification so as to enable them to progress to the next level as a position becomes available.
(iv) Storeworker Grade 4 - Point of Entry: Grade 3
Means an employee with proven and demonstrated skills (including, where necessary, appropriate certification) to the level of this grade and the work of a Grade 1 or Grade 2 and Grade 3 and who has been appointed by the employer to perform such work on a continuous basis.
A Grade 4 is appointed on merit and skill taking into account the following factors:
clerical aptitude;
supervisor's assessment;
skills, competency and experience;
attendance;
attention to detail;
general attitude to company standards;
training and education.
An employee appointed in this capacity performs work to the level of their training and:
(a) implements quality control techniques and procedures;
(b) utilises highly developed levels of interpersonal and communication skills;
(c) assists in the provision of on-the-job training and standards;
(d) in addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards;
(e) this position is accountable for performing some of the following tasks, or a combination thereof:
performing multiple stores activities;
managing the information flow within the store;
understanding and applying computer techniques as they relate to the stores operation including the use of VDU or similar equipment (including terminals mounted on mobile equipment) for substantial maintenance and updating of work in progress, stock, employee and location records;
routing of transport and allocation of loads to customers;
matching of delivery documents and purchase orders, entry to computer programs of receiving and verifications of recovery;
has a sound knowledge of employer's operation and product.
(v) Adoption of Classification and Grades
In implementing classifications and gradings, no current employee shall lose status or pay, and it is clearly recognised and accepted that:
(a) promotion is based on training (including appropriate certification) and competence at the grade and lower grade tasks;
(b) continued work in grade is based on competence. Pay for grade continues (once certified) of work performed at lower grade.
(vi) Relativities
|Relativities |Percentage |
|Storeman Grade 1 |91.0 |
|Storeman Grade 2 |94.6 |
|Storeman Grade 3 |100.9 |
|Storeman Grade 4 |103.6 |
13. Mixed Functions
An employee employed in a higher classification for two hours or more per day for which a higher rate of pay is provided herein shall receive such higher rate of pay for the full day.
If employed for less than two hours on any day on any such higher classification, he/she shall receive such higher rate of pay whilst so employed in that higher classification.
No employee shall suffer any reduction in wages if temporarily employed on work other than that on which he/she regularly is employed and for which a lower rate of pay is provided for herein.
14. First Aid
(i) The company shall provide a properly equipped first-aid room with a fully maintained first-aid kit.
(ii) Qualified first-aid personnel shall be available at all times work is being performed.
(iii) A qualified first-aid attendant who is appointed to carry out the duties of a qualified first-aid attendant shall be paid the allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part C, Monetary Rates, per week in addition to his/her appropriate rate.
(iv) In the absence of the regular first-aid personnel, qualified relief shall be provided and shall be paid the said additional allowance whilst engaged on such relief.
15. Meal Allowance
(i) An employee who works overtime for more than one hour on any day or shift before or after the fixed starting or ceasing time shall be paid the meal allowance set out in Item 4 of Table 2 - Other Rates and Allowances, of Part C, Monetary Rates, at the same time as wages pursuant to clause 10, Payment of Wages, by electronic funds transfer.
Should an employee be notified of the intention to work overtime and then not be called upon to do so, he/she shall be paid the amount at the same time as wages pursuant to clause 10, by electronic funds transfer as set out in the said Item 4.
An employee who works overtime for more than one hour on any day or shift before or after the fixed starting or ceasing time shall be paid the meal allowance set out in Item 4 of Table 2 - Other Rates and Allowances, of Part C, Monetary Rates, at the same time as wages pursuant to clause 10, by electronic funds transfer. Should an employee be notified of the intention to work overtime and then not be called upon to do so, he/she shall be paid the amount at the same time as wages pursuant to clause 10, by electronic funds transfer as set out in the said Item 4.
(ii) Should an employee undertake to work overtime nominated by the company and then fail to work the full period of overtime so nominated, he/she shall forfeit from any monies owing to him/her the amount of the meal allowance.
Provided that this subclause will not apply to a day worker who is no more than ten minutes late to work the nominated period of overtime prior to his/her normal starting time due to exceptional circumstances that are accepted by management as bona fide.
(iii) Meal money will be paid weekly at the same time as wages pursuant to clause 10, by electronic funds transfer.
16. Special Rate
Dirty Work
(i) An employee engaged in the physical handling, sorting and attempted recovery of broken and damaged stock within the recognised central damaged stock area shall be paid a dirty work allowance of the amount as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part C, Monetary Rates, per hour for each hour so employed.
(ii) This special rate is a flat payment and shall not be taken into account when calculating any other payment to which the employees may be entitled nor shall it be subject to wage indexation increases.
17. Fares and Travelling
Employees temporarily transferred shall be reimbursed any extra fares or expenses involved together with payment for all extra time spent travelling.
18. Superannuation
The provisions of the Storemen and Packers - Grocery and Variety Warehouse (State) Superannuation Award published 22 February 1991 (261 I.G. 426) apply to the employment of storeworkers covered by this award as if the conditions of that award were conditions of this award.
19. Rosters
(i) Definitions
(a) "Work roster" means a schedule indicating the days and hours an employee is to report for duty.
(b) "Rostered shift" means a shift forming part of the work roster where an employee is required to report for duty.
(c) For the purposes of rosters - "overtime" is defined as hours worked outside of nominated rostered hours.
(ii) New Staff
Storeworkers employed after 6 December 1998 may be required to work on rosters incorporating Saturday and/or Sundays, nominated public holidays, day, early morning, afternoon or night shifts to suit the needs of the customers.
(iii) Change of Rosters
The company may alter the starting and/or finishing times within the spread of hours for a rostered shift without the payment of overtime upon the giving of seven days' notice.
20. Hours of Day Work
(i) The ordinary working hours, exclusive of meal times, shall not exceed ten hours per day or 38 hours per week or, where appropriate, an average of 38 hours per week, over any four-week period.
Such hours shall be worked between 6.00 a.m. and 6.00 p.m. Monday to Sunday.
Times for starting and finishing for employees, once having been fixed, may be varied by mutual agreement without the payment of overtime to suit the circumstances of the establishment or, in the absence of agreement, by giving seven days' notice to the employees.
(ii) Banking of Rostered Days Off (RDO's)
The manager may bank up to five RDO's to give greater flexibility to the operation. This is subject to consultation with each employee concerned.
The taking of the banked RDO's will be as mutually agreed by the employee and the manager.
21. Shift Work
(i) Definitions
Except where mutually agreed otherwise, for the purpose of this clause:
"afternoon shift" means any shift finishing after 6.00 p.m. and at or before 12.30 a.m. the following day.
"night shift" means any shift finishing subsequent to 12.30 a.m. and at or before 8.00 a.m.
"early morning shift" means any shift commencing between 4.00 a.m. and 6.00 a.m.
(ii) Hours
The ordinary hours of shift workers shall not exceed ten hours per day or 38 hours per week or where appropriate, an average of 38 hours per week, over any four-week period.
Such ordinary hours shall be worked continuously except for a 30-minute break, which shall be counted as time worked.
(iii) Banking of Rostered Days Off (RDO's)
The manager may bank up to five RDO's to give greater flexibility to the operation. This is subject to consultation with each employee concerned.
The taking of the banked RDO's will be as mutually agreed by the employee and the manager.
(iv) Commencing and Ceasing Times
The time of commencing and ceasing shifts, once having been determined, may be varied by mutual agreement to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by the company to the employees.
(v) Shift Allowances
(a) A shift worker whilst on afternoon shift shall be paid for such shift an allowance of 17½% in addition to the ordinary rate provided for in clause 9, Wages.
(b) A shift worker whilst on night shift shall be paid for such shift an allowance of 27½% in addition to the ordinary rate provided for in clause 9, Wages.
(c) A shift worker whilst on early morning shift shall be paid for such shift an allowance of 12½% in addition to the ordinary rate provided for in clause 9, Wages.
(d) Shift work allowances shall not be decreased by virtue of a shift worker's absence from work on account of a public holiday or if absent on annual leave, accrued sick leave, bereavement leave or jury service.
(e) Shift Work - Casual Employees
Casual employees engaged on shift work shall be paid on an hourly basis equivalent to 1/38th of the appropriate weekly wage plus the appropriate shift allowance plus 15% casual loading.
NOTE: In addition, the Annual Holidays Act 1944 requires that casual employees be paid an additional 1/12th as payment for annual leave.
(vi) Overtime
(a) Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award shall be paid at the rate of time and one half for the first two hours and double time thereafter.
(b) Such overtime rates shall be in substitution for and not cumulative upon the shift allowances prescribed in subclause (v) of this clause.
NOTE: See subclause (vi) of clause 24, Overtime, for rest periods after overtime
(vii) Requirements to Work Reasonable Overtime
The company may require employees to work reasonable overtime to meet the needs of the business.
(viii) Saturdays
Refer to clause 22, Saturday Work.
(ix) Sundays and Holidays
Shift workers for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 28, Holidays, or clause 29, Rostered Holiday Work, or clause 23, Sunday Work, in lieu of the shift allowances prescribed in this clause.
Where shifts commence between 9.55 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing between 9.55 p.m. and midnight on the day preceding a holiday and extending into a holiday shall be regarded as time work on such holiday.
Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
22. Saturday Work
(i) Where full-time, part-time or seasonal employees are rostered for Saturday work, the all-purpose weekly rate shall be increased to reflect on a basis pro rata to the proportion of Saturday work in the total work of a roster rotation, a loading of 60% for Saturday work.
(ii) Casuals will be paid 60% loading for hours worked on Saturday.
(iii) Saturday loading will be paid in addition to shift and casual loadings.
(iv) This clause shall not apply to overtime worked on Saturday.
23. Sunday Work
(i) Work performed by a day worker on a Sunday shall be paid for at the rate of 100% in addition to their ordinary rate with a minimum of four hours.
Provided that, if an employee is notified to work more than four hours and is then not required to work those hours, the minimum payment shall be the period of the original notification.
(ii) Casuals and part-timers will be paid 100% loading for hours worked on Sunday.
(iii) Sunday loading will be paid in addition to casual loadings
(iv) This clause shall not apply to overtime worked on Sunday.
24. Overtime
(i) Overtime
Overtime shall mean all time worked:
(a) before an employee's rostered starting time or after an employee's rostered finishing time, Monday to Sunday inclusive;
(b) outside the ordinary spread of hours prescribed in clause 20, Hours of Day Work, or clause 21, Shift Work, as the case may be;
(c) outside the specified maximum hours prescribed in the said clauses 20 or 21.
(ii) Rate of Pay For Overtime
Overtime shall be paid for at the rate of time and one half for the first two hours per day and double time thereafter.
All overtime worked on a Sunday shall be paid at double time for the hours so worked.
(iii) Minimum Start for Weekend Overtime
Employees who have been notified of the intention to work overtime on a Saturday or Sunday shall be paid for a minimum of four hours even if such four hours are not worked. Provided that, if an employee is notified to work more than four hours and is then not required to work those hours, the minimum payment shall be the period of the original notification.
(iv) Requirement to Work Reasonable Overtime
The company may require employees to work reasonable overtime to meet the needs of the business.
(v) Time Off in Lieu of Overtime
At an employee's election, the rate for overtime may be time off in lieu of overtime provided that:
(a) time off shall be calculated at the penalty equivalent but paid at the ordinary time rate of pay (i.e. two hours' overtime at time and one half = three hours' pay = three hours' time in lieu at ordinary rates);
(b) a maximum of nine and one half hours in lieu of overtime may be accumulated and this time in lieu must be taken off within four weeks of its accumulation (at a time mutually agreed between the employee and the site manager);
(c) should the time off not be taken within the four-week period, the overtime will be paid out;
(d) time off in lieu will be done on a voluntary basis.
(vi) Rest Period after Overtime
When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary hours on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
If, on the instructions of the company, such an employee resumes or continues work without having had ten consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
25. Crib Time
Where work performed by a day worker is to continue after 9.00 p.m., a break of 30 minutes shall be allowed from 8.30 p.m. and such time shall be counted as time worked.
26. Meal Hours
(i) Day Shift
Not less than 30 minutes nor more than one hour between the hours of 12.00 noon and 2.00 p.m. (2.15 p.m. at Blacktown Grocery) shall be allowed for lunch, such meal break to be unpaid. The time for the partaking thereof shall be fixed by the company but, once having been fixed, shall not be altered without seven days notice.
(ii) Afternoon Shift
An interval of not less than 15 minutes between 5.00 p.m. and 6.30 p.m. shall be allowed for a meal break with an interval of not less than 30 minutes between 8.00 p.m. and 10.00 p.m. for a further meal break.
(iii) Weekend and Holiday Crib Break
An employee required to work overtime on a Saturday, Sunday or public holiday other than as provided in subclause (v) of this clause shall be allowed a paid crib break of 20 minutes for each completed five hours worked, the said five hours to be calculated from the time of each commencement of work.
(iv) Rest Period Before Overtime
An employee required to work more than two hours' overtime after completing a rostered shift shall be entitled to a ten-minute break, paid at the relevant overtime rate, prior to the commencement of the overtime.
(v) Weekend Work Meal Breaks
An employee required to work overtime for a period of nine hours between the hours of 6.00 a.m. and 6.00 p.m. on a Saturday, Sunday or public holiday may be allowed the usual weekday lunch break and, in that case, the provisions of subclause (iii) of this clause shall not apply.
(vi) Provided that the company and its employees may mutually agree to any variation of this clause to meet the circumstances of the work in hand.
27. Meal Hour Rates of Pay
(i) Meal hours, if worked, shall be paid for at the rate of double time, provided that this rate shall not apply to the meal hour if work ceases within one hour of finishing time.
(ii) Employees working any portion of the mealtime shall be paid if the period is less than 30 minutes for 30 minutes and if over 30 minutes for the full meal break.
28. Holidays
(i) The following holidays or the days upon which they are observed shall be allowed to all full-time and part-time employees without deduction from the weekly pay, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, the second Friday in February, Labour Day, Christmas Day and Boxing Day, together with all other statutory and/or gazetted public holidays for the State.
(ii) For time worked or any holiday other than in accordance with clause 29, Rostered Holiday Work, double ordinary rates shall be paid in addition to the weekly wage with a minimum of four hours. For time worked on Christmas Day and Good Friday, treble ordinary rates shall be paid in addition to the weekly wage with a minimum of four hours.
(iii) Where an employee is rostered so that he/she does not work his/her ordinary hours on the same days each week and the employee's rostered day off (RDO) falls on a public holiday prescribed in subclause (i) of this clause, the employee shall be entitled to one substituted day.
(iv) Provided that the day to be taken as a substitute RDO shall be determined by the employer and shall be granted on the same day of the week as the RDO originally fell, within a period of four weeks subsequent to the public holiday occurring.
(v) The second Friday in February referred to in subclause (i) of this clause shall not be a closed day and, with mutual agreement of the company and the employee concerned, one of the following options may be taken: one extra day's pay, one day added to annual leave or one day in lieu.
29. Rostered Holiday Work
(i) Notwithstanding the provisions of clause 28, Holidays, where an employee as part of his/her normal roster is required to work on a nominated public holiday, the time so worked shall attract a loading of 150% in addition to the day's pay or alternatively the employee may at their absolute discretion elect, in lieu of any loading for that day, to accrue the equivalent of 1½ days in additional annual leave. Such annual leave shall not attract leave loading.
(ii) Nominated public holidays to be worked as part of the roster referred to in subclause (i) of this clause are Australia Day, Anzac Day, Queen's Birthday, Labour Day and New Year's Day (or the days in substitution thereof).
30. Annual Leave
(i) See the Annual Holidays Act 1944, as amended.
(ii) An employee at the time of his/her entering upon a period of annual leave, in accordance with the said Act, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of one week's wage or three hours' ordinary pay for each month, including a shift allowance where appropriate.
(iii) The loading prescribed herein shall be paid on termination of employment where the annual leave, which has become due to the employee, is outstanding at the time of termination.
(iv) The provisions of subclause (iii) of this clause shall not apply where an employee is dismissed for misconduct nor shall it apply to pro rata holiday pay paid on termination of employment.
31. Long Service Leave
See the Long Service Leave Act 1955 as amended.
32. Sick Leave
(i)
(a) An employee for the time being working under this award who, after not less than three months' continuous service with the company, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or incapacity, including incapacity resulting from injury within the Workers' Compensation Act 1987, as amended, and the Workplace Injury Management and Workers Compensation Act 1998, not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendances; provided that he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation. Provided however that, once an employee has had three months' continuous service with the company, he/she shall be paid for any absence owing to illness during the first three months.
(b) He/she shall, prior to the rostered commencement time wherever practicable, and in any event no later than 24 hours of the commencement of such absence, inform the company of his/her inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the incapacity.
(c) He/she shall prove to the satisfaction of the company, or, in the event of a dispute, the Industrial Relations Commission of New South Wales, that he/she is or was unable, on account of such illness, to attend for duty on the day or days for which payment under this clause is claimed.
(d) He/she shall not be entitled to sick leave in excess of the following:
|In the first year of employment |44 hours |
|In the second year and up to and including the fourth year of employment |60 hours |
|In the fifth year and thereafter |72 hours |
(e) The rights under this clause accumulate from year to year so that any part of a week, which has not been allowed in any year, may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the company in a subsequent year of employment.
(ii) For the purposes of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by the company; or
(b) any absence from work by reason of personal illness, injury or other reasonable cause; proof whereof shall, in each case, be upon the employee.
Provided that any time so lost shall not be taken into account in computing the qualifying period of three months.
(iii) Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.
(iv) An employee who is absent without leave on the working day before or the working day after a day on which they are not rostered to work or a public holiday shall be liable to forfeit wages for that day except where the employee produces a certificate signed by a medical practitioner that is satisfactory to the company, which confirms that the employee's absence was caused through personal illness or injury.
(v) Proof of Illness (Single Day Absences)
Employees under this award shall in any year of employment be allowed the first two separate single days' absence on account of personal illness or injury without production of proof of such illness or injury.
All other sick leave shall be subject to proof as provided in paragraph (c) of subclause (i) of this clause.
Provided that, where the company has reasonable proof to suspect that an employee has abused his/her entitlement under this subclause, the company and the union shall investigate and discuss the matter. The company may have representation during such discussions.
(vi) Entitlements under this clause do not extend to any employee on his/her rostered day off.
33. Bereavement Leave
(i)
(a) An employee other than a casual employee shall, on the death within Australia of a person as prescribed in subclause (i)(c)(2) of Clause, 34, Personal/Carer's Leave, be entitled on notice to leave up to and including the day of the funeral of such relation, and such leave shall be without deduction from pay for a period not exceeding the number of hours worked by an employee in three ordinary days' work.
(b) The right to such leave shall be dependent on compliance with the following conditions:
(i) Proof of such death shall be furnished by the employee to the satisfaction of the employer;
(ii) The employee shall not be entitled to leave under this clause in respect of any period, which coincides with any other period of entitlement to leave under this Award.
(iii) For the purpose of this clause, "spouse" shall not include a wife or husband from whom the employee is separated but shall include a person who lives with the employee as a de facto spouse.
(iv) Bereavement Leave shall be available to the employee in respect of the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 34, Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(c) Where the death of a named relative herein occurs outside Australia and the employee does not attend the funeral, he/she shall be entitled to 1 day only, unless he/she can demonstrate to the Company that the additional time up to a period of 3 days was justified. Provided that where the death of a named relative herein occurs outside Australia and an employee travels overseas to attend a funeral, he/she shall be entitled to up to 5 days' leave.
(ii) Entitlements under this clause do not extend to an employee during any period in respect of which the employee has been granted other leave.
(iii) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii) and (iv) of the said clause 34. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
34. Personal/Carer's Leave
(i) Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at clause 32, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish, by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care and support of the person concerned; and
(2) the person concerned being:
(i) a spouse of the employee; or
(ii) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(iii) a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(v) a relative of the employee who is a member of the same household where, for the purposes of this paragraph:
(a) "relative" means a person related by blood, marriage or affinity;
(b) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(c) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid Leave for Family Purpose
An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) of this clause who is ill.
(iii) Annual Leave
(a) To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken
(iv) Time Off in Lieu of Payment for Overtime
For the purpose only of providing care and support for a person in accordance with subclause (i) of this clause, and despite the provisions of subclause (v) of clause 24, Overtime, the following provisions shall apply:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.
(6) Rostered Days Off (RDO's)
(a) An employee may elect, with the consent of the employer, to take an RDO at any time.
(b) An employee may elect, with the consent of the employer, to take RDO's in part-day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all RDO's for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.
35. Jury Service
(i) An employee shall be allowed leave of absence during any period when required to attend jury service.
During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working.
An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the company notice of such requirements as soon as practicable after receiving notification to attend for jury service.
(ii) Entitlements under this clause do not extend to an employee on his/her rostered day off.
36. Attendance at Repatriation Centres
(i) Employees being ex-service personnel shall be allowed as time worked lost time incurred whilst attending repatriation centres for medical examination and/or treatment, provided that:
(a) such lost time does not exceed four hours on each occasion;
(b) payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Department of Veterans Affairs as a result of each such visit;
(c) the employee produces satisfactory evidence to the employer that he/she is so required to and subsequently does attend a repatriation centre.
(ii) Entitlements under this clause do not extend to an employee on his/her rostered day off.
37. Settlement of Disputes
Any disputes arising out of employment shall be referred by the union delegate to the company representative appointed for this purpose.
Failing settlement at this level between the company and the union delegate on the job, the union delegate shall refer the dispute within 24 hours to the union organiser, who will take the matter up with the company.
All efforts shall be made by the company and the union organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the union secretary and the company may obtain external advice and assistance and the union secretary may take the matter up with company representatives.
During the discussions the status quo shall remain and work shall proceed normally. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.
The status quo shall not apply to any warning issued or action taken by the company in accordance with clause 7, Counselling Procedure.
At any time either party shall have the right to notify the dispute to the Industrial Registrar.
38. Consultative Committee
(i) A committee known as the "consultative committee" shall be established at either or both of the places of work governed by this award (being 37 Bessemer Street, Blacktown and 4 Newington Road, Silverwater) if the majority of persons so employed at these places requests the establishment of such a committee.
(ii) The composition and size of a consultative committee established at the place of work shall be determined by agreement between the employer of the persons employed at the place of work and a representative or representatives:
(a) appointed jointly by the industrial unions of employees registered under the Industrial Relations Act 1996, whose members are engaged at that place of work; or
(b) appointed at a meeting of the persons employed at that place of work.
(iii) The maximum number of members of the consultative committee shall be eight or such other number as is determined in the manner referred to in subclause (ii) of this clause.
(iv) In order to ensure effective representation for all persons employed at a place of work, the following factors in respect of the place of work shall be taken into account in determining the composition and size of a consultative committee:
(a) the operation of various shifts;
(b) various departments or sub-units;
(c) geographical location;
(d) the variety of different occupations;
(e) the composition of the workforce.
(v) In respect of any consultative committee, the number of the company's representatives shall not exceed the number of employees' representatives.
(vi) A person is not eligible to be elected as an employees' representative on a consultative committee unless the person is employed at the place of work at which the committee is established.
(vii) As soon as practicable after a request is made pursuant to subclause (i) of this clause, a meeting of the persons employed at the place of work at which the consultative committee is to be established shall be called by the person who forwarded the request.
(viii) At least one week's notice of a meeting referred to in subclause (vii) of this clause shall be given to the company.
(ix) The method of electing employees' representatives on a consultative committee shall be determined at the meeting referred to in subclause (ii) of this clause, and those representatives shall be elected at that meeting or at a later time determined by that meeting.
(x) Upon the expiration of the term of office of an employees' representative on a consultative committee, an election to fill the vacant office shall be held in the manner and at the time determined at the meeting referred to in subclause (i) of this clause, or at a subsequent meeting of the persons employed at the place of work concerned.
(xi) Upon the occurrence of a casual vacancy in the office of an employees' representative on a consultative committee, the chairman and convenor of the committee may, unless otherwise determined at a meeting of the persons employed at the place of work, appoint a person to the vacant office for the balance of the predecessor's term of office.
(xii) Subject to the other provisions of this clause, an employees' representative on a consultative committee shall hold office for a period of two years.
(xiii) The company's representatives on a consultative committee shall be appointed by the company:
(a) as soon as practicable after the request made, pursuant to subclause (i) of this clause, for the establishment of the consultative committee; and
(b) thereafter as the occasion requires.
(xiv) The company's representatives on the consultative committee shall include, as far as practicable, a person with the authority to implement measures and otherwise act on behalf of the company in matters raised with the consultative committee.
(xv) The employees' representatives on the consultative committee shall elect one of their number to be chairman and convenor of the committee forthwith after the establishment of the committee and thereafter as the occasion requires.
(xvi) A member of the consultative committee ceases to be such member if:
(a) the member resigns from the consultative committee;
(b) in the case of an employees' representative, the member ceases to be employed at the place of work at which the committee is established; or
(c) the member is removed from office: in the case of an employer's representative, by the employer or, in the case of an employees' representative, at a meeting of the persons employed at the place of work.
(xvii) The procedure for the calling of meetings of the consultative committee and for the conduct of those meetings shall, subject to subclause (xviii) of this clause, be determined by the consultative committee.
(xviii) The following provisions apply to each consultative committee:
(a) The consultative committee shall meet at least every two months.
(b) The chairman and convenor of the consultative committee may call a meeting at any time.
(c) The chairman and convenor shall circulate an agenda to all members of the consultative committee prior to any meeting.
(d) The agenda to be circulated may include any matter referred to the consultative committee by the company, its employees or union delegates.
(e) Minutes of each meeting are to be kept by a person designated by the consultative committee for the purpose.
(f) The records of the consultative committee (including minutes of meetings) shall be placed in the custody of the company for safekeeping.
(g) Members of the consultative committee may have access to all records for the consultative committee, including minutes of meetings.
(h) Copies of the minutes of meetings shall be displayed at the places of work at which the committee is established in prominent places where employees may read them.
(xix) Any decisions or resolutions of the consultative committee will be persuasive only and will not be in any way binding on either the company or its employees.
39. Union Delegates
(i) Where an employee is elected by his/her fellow employees as a union delegate and his/her name is forwarded, in writing, by the union to the company, the said union delegate shall be allowed, by the company, such time as is necessary to interview the company representative on matters affecting the members he/she represents.
(ii) The company shall recognise one delegate only on each shift. A co-delegate will be recognised only in the absence of the delegate.
(iii) Notwithstanding subclause (ii) of this clause, the company shall recognise both delegate and co-delegate in the event of a serious matter being raised.
(iv) Meetings of delegates during working hours will not be held without approval of the company.
(v) The duties and rights of the delegates shall be as agreed between the company and the union.
40. Right of Entry
See Chapter 5, Part 7, Entry and Inspection by Officers of Industrial Organisations, of the Industrial Relations Act 1996, or any legislation replacing that provision.
PART B
CONDITIONS FOR 4 NEWINGTON ROAD, SILVERWATER
1. Operation of Part B
(i) The provisions contained in Part B apply only to employees whose terms and conditions are covered by this award and who are engaged at 4 Newington Road, Silverwater.
(ii) Except where indicated to the contrary, Parts A and C of this award also apply to employees engaged at 4 Newington Road, Silverwater.
2. Freezer Work
(i) This clause shall apply only to employees at Silverwater working in freezers where the temperature is normally colder than minus 18 degrees Celsius.
(ii) Employees working continuously for an hour inside a freezer shall be entitled to a ten-minute break outside the freezer without deduction of pay. Provided that, in any hour where there is a paid break or unpaid meal break, no freezer break shall be taken.
(iii) A freezer allowance for freezer employees is included in Table 1 - Wages, of Part C, Monetary Rates, at (b), 4 Newington Road, Silverwater (Freezer/Dairy).
(iv) The company shall supply free of charge to each employee who is required to work in a freezer suitable protective clothing which shall include two freezer suits. Such freezer suits shall be cleaned by the company.
3. General Conditions
(i) In accordance with the Second Tier Agreement dated 29 May 1989, the practice of five minutes' undressing time prior to the bundy-off time has been discontinued.
(ii) Canteen prices are at the discretion of the catering contractor. However, the company will continue to supply coffee, tea, sugar and milk free of charge.
(iii) In accordance with the conditions outlined in an exchange of letters between the parties dated 4 February 1985 and 28 February 1985, an employee engaged in the physical handling, sorting and attempted recovery of broken and damaged stock within the recognised central damaged stock area shall be paid the rate prescribed for a Storeworker Grade 3 (previously described as "receiver").
PART C
MONETARY RATES
Adult Basic Wage - $121.40 per week
Table 1 - Wages
(a) 37 Bessemer Street, Blacktown:
|Grade |1 February 2002 (5%) |1 February 2003 (4%) |
| |($) |($) |
|Storeworker Grade 1 |$617.30 |$642.00 |
|Storeworker Grade 2 |$641.70 |$667.35 |
|Storeworker Grade 3 |$684.45 |$711.85 |
|Storeworker Grade 4 |$703.40 |$731.55 |
The above wages include a $3.50 consideration for a dress and/or uniform allowance.
(b) 4 Newington Road, Silverwater (Freezer/Dairy):
|Grade |1 February 2002 (5%) |1 February 2003 (4%) |
| |($) |($) |
|Storeworker Grade 1 |$657.90 |$684.20 |
|Storeworker Grade 2 |$682.65 |$709.95 |
|Storeworker Grade 3 |$725.80 |$754.85 |
|Storeworker Grade 4 |$745.10 |$774.90 |
The above wages include a $3.50 consideration for a dress and/or uniform allowance.
The above wages include a $23.30 per week Freezer Allowance. (See clause 2, Freezer Work, of Part B, Conditions for 4 Newington Road, Silverwater.)
Table 2 - Other Rates and Allowances
|Item 1 |Clause No. |Brief Description |1 February 2002 |1 February 2003 |
| | | |(5%) |(4%) |
|1 |9(ii) |Training allowance - maximum |$21.00 per week |$21.85 per week |
| | | |$5.25 per day |$5.45 per day |
|2 |14(iii) |First-aid allowance |$13.85 per week |$14.40 per week |
|3 |10(ii) |Non-taxed allowance for running a | | |
| | |financial account |$0.84 per week |$0.87 per week |
|4 |15(i) |Meal allowance |$8.10 |$8.40 |
|5 |33(ii) |Dirty work allowance |$0.32 per hour |$0.33 per hour |
M. J. WALTON J, Vice-President.
R. W. HARRISON D.P.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1561) |SERIAL C1705 |
BHP STEEL (AIS) PTY LTD - PORT KEMBLA STEEL WORKS EMPLOYEES AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by BHP Steel (AIS) Pty Ltd.
(No. IRC 3756 of 2002)
|Before The Honourable Justice Walton, Vice-President |11 July 2002 |
VARIATION
1. Delete clause 36, Procedure for Resolving Claims, Issues and Disputes, of the award published 23 March 2001 (323 I. G. 245), and insert in lieu thereof the following:
36. Procedure for Resolving Claims, Issues and Disputes
36.1 Introduction - The parties intend that the level of direct action in the Company's operations, particularly strikes, be greatly reduced in order to provide a basis for a reduction of the ordinary weekly hours of work in the steel industry to 38 and to minimise contraction of the industry's operations.
To enable claims, issues and disputes to be progressed while work proceeds normally the following procedure will apply:
36.1.1 Departmental Claims, Issues And Disputes -
(a) Discussion with Supervisor - Employee(s) and/or delegate(s) of the union(s) involved will place the claim, issue or dispute before the immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.
(b) Discussion with Superintendent - Failing agreement, employee(s) and/or delegate(s) of the union(s) involved will place the claim, issue or dispute before the superintendent or deputy. The superintendent or deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If a reply cannot be given by the end of the superintendent's or deputy's next ordinary working day a progress report will be given.
(c) Industrial Conference - Failing agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s) involved will place the claim, issue or dispute before the Company's Employee Relations Department. The claim, issue or dispute and all relevant circumstances relating to it will then be fully reviewed by the management of the Company and by the union(s) involved and all reasonable steps will be taken in an endeavour to resolve the matter.
(d) Referral to Industrial Relations Tribunal - Failing agreement, the claim, issue or dispute will be referred to the appropriate industrial relations tribunal, if the union(s) wants to pursue it further.
(e) Safety Matters - The above procedures in 36.1.1(a) to 36.1.1(c) do not apply to claims, issues or disputes relating to genuine safety matters. In such matters the Company will undertake immediate investigations including discussions with the employee(s) and/or delegate(s) and/or official(s) of the union(s) involved. As necessary the appropriate government authority will be involved.
36.1.2 General Claims, Issues And Disputes -
(a) Industrial Conference - The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Company's Employee Relations Department, which will take all reasonable steps to reply as soon as possible.
(b) Referral to Industrial Relations Tribunal - Failing agreement, the claim, issue or dispute will be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.
36.2 Other Rights and Duties -The provisions of this clause will not affect in any way any other rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any other Act or at common law in relation to any matter.
36.3 Compliance with the BHP Steel Port Kembla Operations Enterprise Agreement 2002 (the "Agreement") - The provisions of this clause operate subject to the requirements of the Agreement while it is in force and, in particular, to Clause 9 - Regulation of Disturbances to Production and Suply, of the Agreement.
36.4 Review of Procedure - The operation of this clause will be jointly reviewed by the parties at regular intervals.
2. Delete Part C - Monetary Rates - Restructured Classifications and Part D - Appendix - Unrestricted Classifications, of the award and insert in lieu thereof the following:
PART C - MONETARY RATES - RESTRUCTURED CLASSIFICATIONS
TABLE 1 - RESTRUCTURED IRONWORKER RATES OF PAY
| |Column 1 |Column 2 |
| |Rate of pay per 38-hour week |Rate of pay per 38-hour |
| |from the first pay period |week from the first pay |
| |commencing on or after |period commencing on |
| |6 December 2001 |or after 8 December |
| | |2002 |
| |$ |$ |
|1. Cokemaking Department |
|Coke Ovens - Batteries |
|Battery Entry Level Ironworker |471.30 |490.20 |
|Battery Operator 1 |496.20 |516.00 |
|Battery Operator 2 |522.70 |543.60 |
|Battery Operator 3 |563.60 |586.10 |
|Battery Operator 4 |595.90 |619.70 |
|Battery Operator 5 |648.10 |674.00 |
|Coal Preparation - Coal Washery |
|Coal Washery Operator 1 |471.30 |490.20 |
|Coal Washery Operator 2 |536.50 |558.00 |
|Coal Washery Operator 3 |563.60 |586.10 |
|Coal Washery Operator 4 |595.90 |619.70 |
|Coal Preparation - Coal Handling |
|Coal Handling Operator 1 |471.30 |490.20 |
|Coal Handling Operator 2 |522.70 |543.60 |
|Coal Handling Operator 3 |550.50 |572.50 |
|Coal Handling Operator 4 |577.10 |600.20 |
|Gas Processing |
|GP Entry Level Ironworker |471.30 |490.20 |
|GP Intermediate Operator |522.70 |543.60 |
|GP Sulphate Operator |522.70 |543.60 |
|GP Operator 1 |550.50 |572.50 |
|GP Operator 2 |577.10 |600.20 |
|GP Operator 3 |595.90 |619.70 |
|GP Operator 4 |631.60 |656.90 |
|Collector Main Operations |
|Collector Main Operator |563.60 |586.10 |
|Cokemaking Utilities |
|Utilities Entry Level Ironworker |471.30 |490.20 |
|Utilities Operator 1 |496.20 |516.00 |
|Utilities Operator 2 |509.50 |529.90 |
|Utilities Operator 3 |536.50 |558.00 |
|Utilities Operator 4 |563.60 |586.10 |
|Utilities Operator 5 |595.90 |619.70 |
|2. Ore Preparation Department |
|Raw Materials Handling |
|RM Entry Level Ironworker |471.30 |490.20 |
|RM Operator 1 |536.50 |558.00 |
|RM Operator 2 |550.50 |572.50 |
|RM Operator 3 |615.20 |639.80 |
|3. Blast Furnace Department |
|No. 2 Blast Furnace |
|No. 2 BF Entry Level Ironworker |471.30 |490.20 |
|No. 2 BF Operator 1 |522.70 |543.60 |
|No. 2 BF Operator 2 |550.50 |572.50 |
|No. 2 BF Operator 2A |577.10 |600.20 |
|No. 2 BF Operator 3 |615.20 |639.80 |
|4. Energy Services Department |
|Utilities Distribution Section |
|Distribution Operator 1 |522.70 |543.60 |
|Distribution Operator 2 |595.90 |619.70 |
|Distribution Operator 3 |648.10 |674.00 |
|Energy Generation - No. 1 Power House Section |
|No. 1 PH Operator 1 |496.20 |516.00 |
|No. 1 PH Operator 2 |550.50 |572.50 |
|No. 1 PH Operator 3 |563.60 |586.10 |
|No. 1 PH Operator 4 |595.90 |619.70 |
|No. 1 PH Operator 5 |648.10 |674.00 |
|No. 1 PH Operator 6 |673.70 |700.60 |
|5. Refractory Services Department |
|Refractory Services |
|Refractory Installation Assistant - Level 1 |509.50 |529.90 |
|Refractory Installation Assistant – Level 2 |550.50 |572.50 |
|Refractory Installation Assistant - Level 3 |563.60 |586.10 |
|Refractory Installation Assistant - Level 4 |595.90 |619.70 |
|6. Slabmaking Department |
|BOS Plant |
|BOS Entry Level Ironworker |471.30 |490.20 |
|BOS Service Operator |496.20 |516.00 |
|BOS Materials Attendant |536.50 |558.00 |
|BOS Operator 1 |536.50 |558.00 |
|BOS Operator 2 |577.10 |600.20 |
|BOS Operator 3 |595.90 |619.70 |
|BOS Operator 4 |615.20 |639.80 |
|BOS Operator 5 |631.60 |656.90 |
|BOS - Raw Materials Alloy Preparation |
|BOS Entry Level Ironworker |471.30 |490.20 |
|Materials Handler 1 |522.70 |543.60 |
|Materials Handler 2 |536.50 |558.00 |
|Slab Caster |
|Slab Caster Operator 1 |471.30 |490.20 |
|Slab Caster Operator 1A |509.50 |529.90 |
|Slab Caster Learner Operator |536.50 |558.00 |
|Slab Caster Operator 2 |577.10 |600.20 |
|Slab Caster Operator 3 |615.20 |639.80 |
|Slab Caster Operator 4 |648.10 |674.00 |
|Slab Caster Operator 5 |697.90 |725.80 |
|Slab Handling | | |
|Slab Handler 1A (New Starters) |577.10 |600.20 |
|Slab Handler 1B (Existing Employees) |595.90 |619.70 |
|Slab Handler 2 |615.20 |639.80 |
|Slab Handler 3 |648.10 |674.00 |
|Slab Tracking Controller |673.70 |700.60 |
|7. Production Planning |
|Product Despatch Warehouse |
|Despatch Operator 1 |496.20 |516.00 |
|Despatch Operator 2 |550.50 |572.50 |
|Despatch Operator 3 |595.90 |619.70 |
|Learner Pallet Carrier Operator |522.70 |543.60 |
|Pallet Carrier Operator |595.90 |619.70 |
|8. Hot Strip Mill |
|Hot Strip Mill Operations |
|Learner Operator |550.50 |572.50 |
|Operator 1 |615.20 |639.80 |
|Operator 2 |648.10 |674.00 |
|Operator 3 |697.90 |725.80 |
|Hot Strip Mill Maintenance |
|Learner Analyst |496.20 |516.00 |
|Systems Analyst 1 |536.50 |558.00 |
|Systems Analyst 2 |595.90 |619.70 |
|Hot Coil Processing and Despatch |
|Operator 1 |509.50 |529.90 |
|Operator 2 |563.60 |586.10 |
|Operator 3 |595.90 |619.70 |
|Operator 4 |631.60 |656.90 |
|Operator 5 (Learner) |648.10 |674.00 |
|Operator 5 |673.70 |700.60 |
|Packaging Products Roll Shop | | |
|Roll Shop Attendant 1 |488.00 |507.50 |
|Roll Shop Attendant 2 |536.50 |558.00 |
|Roll Shop Attendant 3 |550.50 |572.50 |
|Hot Strip Mill Roll Shop |
|Roll Shop Attendant 1 |488.00 |507.50 |
|Roll Shop Attendant 2 |536.50 |558.00 |
|Roll Shop Attendant 3 |550.50 |572.50 |
|Roll Shop Attendant 4A |577.10 |600.20 |
|Roll Shop Attendant 4B |595.90 |619.70 |
|Roll Shop Attendant 5 |615.20 |639.80 |
|9. Plate Mill Department |
|Plate Rolling |
|Plate Rolling Operator Level 1 |522.70 |543.60 |
|Plate Rolling Operator Level 2 |563.60 |586.10 |
|Plate Rolling Operator Level 3 |615.20 |639.80 |
|Plate Rolling Operator Level 4 |648.10 |674.00 |
|Plate Rolling Operator Level 5 |673.70 |700.60 |
|Plate Rolling Systems Operator |536.50 |558.00 |
|Plate Processing |
|Learner Operator |522.70 |543.60 |
|Plate Processing Operator Level 1 |550.50 |572.50 |
|Plate Processing Operator Level 2 |577.10 |600.20 |
|Plate Processing Operator Level 3 |595.90 |619.70 |
|Plate Processing Operator Level 4 |615.20 |639.80 |
|Improvement Leader |631.60 |656.90 |
|Section Co-ordinator |673.70 |700.60 |
|10. Technology Services Department |
|Laboratory Services |
|General Assistant |522.70 |543.60 |
|Learner Operator (RMT) |509.50 |529.90 |
|Learner Operator (MO) |509.50 |529.90 |
|RM Tester |550.50 |572.50 |
|Machine Operator |550.50 |572.50 |
|11. Packaging Products Department |
|Pickle Line |
|PL Operator 1 |522.70 |543.60 |
|PL Operator 2 |550.50 |572.50 |
|PL Operator 3A |577.10 |600.20 |
|PL Operator 3B |577.10 |600.20 |
|PL Operator 4 |615.20 |639.80 |
|Cold Mill |
|CM Operator 1 |536.50 |558.00 |
|CM Operator 2 |577.10 |600.20 |
|CM Operator 3 |631.60 |656.90 |
|CM Operator 4 |673.70 |700.60 |
|Temper Mill |
|TM Operator 1 |536.50 |558.00 |
|TM Operator 2 |577.10 |600.20 |
|TM Operator 3 |631.60 |656.90 |
|TM Operator 4 |673.70 |700.60 |
|Cleaning Line |
|CL Operator 1 |509.50 |529.90 |
|CL Operator 2 |550.50 |572.50 |
|CL Operator 3 |577.10 |600.20 |
|Batch Annealing |
|BA Operator 1 |509.50 |529.90 |
|BA Operator 2 |563.60 |586.10 |
|Continuous Annealing Line |
|CA Operator 1 |536.50 |558.00 |
|CA Operator 2 |577.10 |600.20 |
|CA Operator 3 |615.20 |639.80 |
|Electrolytic Tinning Lines |
|ET Line Operator 1 |522.70 |543.60 |
|ET Line Operator 2 |577.10 |600.20 |
|ET Line Operator 3P |615.20 |639.80 |
|ET Line Operator 3S |615.20 |639.80 |
|ET Line Operator 4 |648.10 |674.00 |
|Coil Preparation Line |
|Operator 1 |536.50 |558.00 |
|Operator 2 |577.10 |600.20 |
|Operator 3 |615.20 |639.80 |
|Shearlines |
|SH Operator 1 |522.70 |543.60 |
|SH Operator 2 |550.50 |572.50 |
|SH Operator 3 |577.10 |600.20 |
|SH Operator 4 |595.90 |619.70 |
|SH Operator 5 |648.10 |674.00 |
|Littell Operator 4 |615.20 |639.80 |
|Assorting Room |
|AR Operator 1 |496.20 |516.00 |
|AR Operator 2A |522.70 |543.60 |
|AR Operator 2B |536.50 |558.00 |
|AR Operator 2C |550.50 |572.50 |
|AR Operator 3 |563.60 |586.10 |
|Warehouse |
|WH Operator 1 |496.20 |516.00 |
|WH Operator 2A |522.70 |543.60 |
|WH Operator 2B |522.70 |543.60 |
|WH Operator 3 |550.50 |572.50 |
|WH Operator 4 |595.90 |619.70 |
|Strapping Line |
|Operator 1P |550.50 |572.50 |
|Operator 2P |577.10 |600.20 |
|Operator 3P |631.60 |656.90 |
|Operator 1S |522.70 |543.60 |
|Operator 2S |595.90 |619.70 |
|Miscellaneous |
|PP Learner Operator |496.20 |516.00 |
|Packaging Products Crane Operators |
|Crane Operator 1 |522.70 |543.60 |
|Crane Operator 2 |550.50 |572.50 |
|Crane Operator 3 |577.10 |600.20 |
|Crane Operator 4 |615.20 |639.80 |
|12. Transport and Site Services |
|Ironmaking Services |
|Operator 1 |488.00 |507.50 |
|Operator 2 |509.50 |529.90 |
|Operator 3 |536.50 |558.00 |
|Operator 4 |595.90 |619.70 |
|Garage |
|Garage Operator 1 |496.20 |516.00 |
|Garage Operator 2 |522.70 |543.60 |
|Garage Operator 3 |563.60 |586.10 |
|Garage Operator 4 |615.20 |639.80 |
|O'Briens Drift |
|OBD Learner Operator |488.00 |507.50 |
|OBD Operator 1 |522.70 |543.60 |
|OBD Operator 2 |595.90 |619.70 |
|Rail Maintenance Department |
|Rail Maintenance Operator 1 |496.20 |516.00 |
|Rail Maintenance Operator 2 |522.70 |543.60 |
|Rail Maintenance Operator 3 |563.60 |586.10 |
|Rail Maintenance Operator 4 |595.90 |619.70 |
|13. Supply Operations |
|Canteens |
|Canteen Operator 1 |488.00 |507.50 |
|Canteen Operator 2 |509.50 |529.90 |
|Canteen Operator 3 |550.50 |572.50 |
|Warehousing and Distribution Department |
|Warehousing and Distribution - Entry Level |496.20 |516.00 |
|Warehousing and Distribution – Operator 1 |522.70 |543.60 |
|Warehousing and Distribution - Operator 2 |550.50 |572.50 |
|Warehousing and Distribution - Operator 3 |577.10 |600.20 |
|14. Manufacturing Services |
|Foundries Department |
|Foundries Operator Entry Level |509.50 |529.90 |
|(New Employee) | | |
|Foundries Operator 1 |522.70 |543.60 |
|Foundries Operator 2 |550.50 |572.50 |
|Foundries Operator 3 |577.10 |600.20 |
|Foundries Operator 4 |595.90 |619.70 |
|15. Maintenance |
|Maintenance Ironworkers |
|Maintenance Ironworker - Level 1 |496.20 |516.00 |
|Maintenance Ironworker - Level 2A |509.50 |529.90 |
|Maintenance Ironworker - Level 2 |536.50 |558.00 |
|Maintenance Ironworker - Level 3 |563.60 |586.10 |
Table 2 - Graded Trades Rates Of Pay
| |Column 1 |Column 2 |
| |Rate of pay per 38-hour |Rate of pay per 38- |
| |week from the first pay |hour week from |
| |period commencing on or |the first pay period |
| |after 6 December 2001 |commencing on or |
| | |after 8 December 2002 |
| |$ |$ |
|1. Electrical Trades (inclusive of a tool allowance of $10.80 per 38-hour week) - |
|Electrical Tradesperson (E) Base Level |616.00 |640.60 |
|Electrical Tradesperson (E) Level 1 |637.60 |663.10 |
|Electrical Tradesperson (E) Level 2 |664.00 |690.60 |
|Electrical Tradesperson (E) Level 3 |690.10 |717.70 |
|Electrical Tradesperson (E) Level 4 |718.50 |747.20 |
|Electrical Tradesperson (E) Level 5 |735.30 |764.70 |
|Electrical Tradesperson (E) Level 6 |776.70 |807.80 |
|2. Mechanical Trades (inclusive of a tool allowance of $10.80 per 38-hour week) - |
|Graded Tradesperson (M) Base Level |600.50 |624.50 |
|Graded Tradesperson (M) Level 1 |621.30 |646.20 |
|Graded Tradesperson (M) Level 2 |646.60 |672.50 |
|Graded Tradesperson (M) Level 3 |671.90 |698.80 |
|Graded Tradesperson (M) Level 4 |699.40 |727.40 |
|Graded Tradesperson (M) Level 5 |715.30 |743.90 |
|Graded Tradesperson (M) Level 6 |755.10 |785.30 |
|3. Deleted |
|4. Deleted |
| |Rate of pay per 38-hour week |
| |from the first pay period |
| |commencing on or after |
| |8 April 2001 |
| |$ |
|5. Refractory Installation Bricklayers |
|Refractory Installation Bricklayer - Base Level |599.60 |
|Refractory Installation Bricklayer - Level 1 |610.70 |
|Refractory Installation Bricklayer - Level 2 |637.20 |
|Refractory Installation Bricklayer - Level 3 |650.30 |
|Refractory Installation Bricklayer - Level 4 |670.10 |
Table 3 - Apprentices
| |Column 1 |Column 2 |
| |Rate of pay and tool allowance per |Rate of pay and tool allowance |
| |38-hour week from the first pay |per 38-hour week from the first |
| |period commencing on or after |pay period commencing on or |
| |6 December 2001 |after 8 December 2002 |
| |$ |$ |
|1. Four Year Term |Rate of Pay |Tool Allowance |Rate of Pay |Tool Allowance |
|Apprentice 1st Year |234.20 |4.55 |241.20 |4.55 |
|Apprentice 2nd Year |302.40 |5.95 |311.50 |5.95 |
|Apprentice 3rd Year |402.60 |8.10 |414.60 |8.10 |
|Apprentice 4th Year |461.70 |9.50 |475.60 |9.50 |
|2. Three Year Term | | | | |
|Apprentice 1st Year |268.10 |4.55 |276.10 |4.55 |
|Apprentice 2nd Year |402.60 |8.10 |414.60 |8.10 |
|Apprentice 3rd Year |461.70 |9.50 |475.60 |9.50 |
|3. Deleted | | | | |
Table 4 - Annualised Salary Rates Of Pay
Item 1. No. 2 Blower Station
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual |Base Weekly Rate |Total Annual |Base Weekly Rate |
| |Rate from first |from first pay |Rate from first |from first pay |
| |pay period |period commencing |pay period |period |
| |commencing on |on or after |commencing on |commencing on |
| |or after |6 December 2001 |or after |or after |
| |6 December 2001 | |8 December2002 |8 December 2002 |
| | | | | |
| |$ |$ |$ |$ |
|Shift Crew Operators | | | | |
|Operator 2 |67,852.70 |771.60 |70,566.60 |802.40 |
|Operator 3 |65,056.70 |817.80 |67,657.70 |850.50 |
|Operator 4 |63,179.00 |834.30 |65,707.70 |867.60 |
|Operator 5 |60,294.50 |859.90 |62,709.90 |894.20 |
|Relief Crew Operators | | | | |
|Operator 2 |56,902.60 |771.60 |59,179.10 |802.40 |
|Operator 3 |54,573.00 |817.80 |56,754.90 |850.50 |
|Operator 4 |53,008.30 |834.30 |55,130.40 |867.60 |
|Operator 5 |50,604.80 |859.90 |52,632.30 |894.20 |
|Day Crew Operators | | | | |
|Operator 1 |43,753.80 |651.80 |45,502.60 |677.90 |
|Operator 2 |41,857.40 |771.60 |43,529.70 |802.40 |
|Operator 3 |40,583.90 |817.80 |42,207.40 |850.50 |
|Operator 4 |38,627.70 |834.30 |40,174.20 |867.60 |
|Operator 5 |46,995.00 |859.90 |48,869.10 |894.20 |
Item 2. Blast Furnace
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual |Base Weekly Rate |Total Annual |Base Weekly |
| |Rate from first |from first |Rate from first |Rate from first |
| |pay period |pay period |pay period |pay period |
| |commencing on |commencing on |commencing on |commencing |
| |or after |or after |or after |on or after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December |
| | | | |2002 |
| |$ |$ |$ |$ |
|Blast Furnace Process Operators - |
|Entry Level |52,633.40 |591.30 |54,744.60 |615.00 |
|Base Level 1 |59,524.90 |674.10 |61,910.70 |701.10 |
|Base Level 2 |63,827.90 |725.80 |66,380.10 |754.80 |
|Level 1 |67,639.50 |771.60 |70,341.40 |802.40 |
|Level 2 |69,245.80 |790.90 |72,014.30 |822.50 |
|Level 3 |72,858.20 |834.30 |75,768.20 |867.60 |
|Level 4 |74,988.70 |859.90 |77,982.30 |894.20 |
|Blast Furnace Mechanical Shift Workers |
|Base Level |68,151.70 |769.30 |70,812.00 |799.60 |
|Level 1 |70,465.70 |797.10 |73,217.60 |828.50 |
|Level 2 |72,579.50 |822.50 |75,414.60 |854.90 |
|Level 3 |75,559.10 |858.30 |78,519.00 |892.20 |
|Level 4 |77,847.60 |885.80 |80,899.50 |920.80 |
|Level 5 |79,171.00 |901.70 |82,272.80 |937.30 |
|Level 6 |82,484.00 |941.50 |85,718.40 |978.70 |
Item 2. Blast Furnace
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual Rate |Base Weekly Rate |Total Annual Rate |Base Weekly Rate |
| |from first pay |from first pay |from first pay |from first pay |
| |period |period |period |period |
| |commencing on |commencing on |commencing on |commencing on |
| |or after |or after |or after |or after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December 2002 |
| |$ |$ |$ |$ |
|Blast Furnace Electrical Shift Workers |
|Base Level |71,702.80 |810.80 |74,413.00 |841.70 |
|Level 1 |74,091.20 |839.50 |76,901.80 |871.60 |
|Level 2 |76,288.70 |865.90 |79,182.00 |899.00 |
|Level 3 |79,334.80 |902.50 |82,352.90 |937.10 |
|Level 4 |81,698.20 |930.90 |84,808.40 |966.60 |
|Level 5 |83,096.50 |947.70 |86,264.90 |984.10 |
|Level 6 |86,542.00 |989.10 |89,843.50 |1,027.10 |
Item 3. Temper Mills
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual Rate |Base Weekly Rate |Total Annual Rate |Base Weekly Rate |
| |from first pay |from first pay |from first pay |from first pay |
| |period |period |period |period |
| |commencing on or |commencing on or |commencing on or |commencing on or |
| |after |after |after |after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December 2002 |
| |$ |$ |$ |$ |
|New Entry |63,453.00 |746.00 |65,997.90 |775.90 |
|Team Operator |74,581.00 |884.10 |77,560.60 |919.40 |
Item 4. Raw Materials Handling
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual |Base Weekly |Total Annual |Base Weekly |
| |Rate from first |Rate from first |Rate from first |Rate from first |
| |pay period |pay period |pay period |pay period |
| |commencing on |commencing on |commencing on |commencing on |
| |or after |or after |or after |or after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December 2002 |
| |$ |$ |$ |$ |
|Entry Level |51,684.40 |591.30 |53,757.60 |615.00 |
|Process Operator Level 1 |58,449.00 |674.10 |60,792.20 |701.10 |
|Process Operator Level 2 |62,673.00 |725.80 |65,179.40 |754.80 |
|Process Operator Level 3 |70,189.60 |817.80 |72,998.10 |850.50 |
|Process Operator Level 4 |71,537.40 |834.30 |74,394.80 |867.60 |
Table 5 - Unanderra Coil Processing
| |Column 1 |Column 2 |
|Metpol |Rate of pay per38-hour |Rate of pay per38-hour |
| |week from first pay period |week from first pay period |
| |commencing on or after |commencing on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|Metpol Operator Grade 1 |604.20 |628.40 |
|Metpol Operator Grade 2 |625.00 |650.00 |
|Metpol Operator Grade 3 |641.90 |667.60 |
|Metpol Operator Grade 4 |686.90 |714.40 |
|Metpol Operator Grade 5 |710.70 |739.10 |
|Metpol Operator Grade 6 |737.00 |766.50 |
|Metpol Operator Grade 7 |766.20 |796.80 |
|Metpol Operator Grade 8 |795.00 |826.80 |
|Metpol Operator Grade 9 |803.70 |835.80 |
|Metpol Operator Grade 10 |825.60 |858.60 |
|Metpol Operator Grade 11 |852.40 |886.50 |
|Metpol Operator Grade 12 |891.60 |927.30 |
|Metpol Mechanical Tradesperson |879.40 |914.60 |
Table 6 - Port Kembla Transport Facility
| |Column 1 |Column 2 |
|CRM Road & Transport Facility |Rate of pay per38-hour week |Rate of pay per38-hour |
| |from first pay period |week from first pay period |
| |commencing on or after |commencing on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|General Transport Operator |578.60 |601.70 |
|Transport Operator - Grade 2 |597.30 |621.20 |
|Training Transport Operator |507.50 |527.80 |
Table 7 - Other Rates And Allowances
Special Rates to be effective from 6 December 2001.
| |Column 1 |
|Item |Clause |Brief Description |Amount |
|No |No | | |
| |8 |Special Rates - | |
|1 |8.1.1 |Large Power Houses - Employees employed in large |Per 38-hour week |
| | |power houses (developing more than 8,000 kilowatts): | |
| | |Mechanical and Electrical Tradespersons |$20.800 |
| | |1st and 2nd Year electrical and mechanical apprentices |$4.20 |
| | |Maintenance non-trades employees assisting mechanical |$10.10 |
| | |or electrical tradespersons | |
|2 |8.1.2 |Ship Repairing - |Per 38-hour week |
| | |Mechanical and Electrical tradespersons |$10.10 |
| | |Other employees |$8.20 |
|3 |8.13 |Electrical Trades Licences - |Per 38-hour week |
| | |Qualified Supervisor’s Certificate (Electrician) Allowance |$26.00 |
| | |Certificate of Registration (Electrician) Allowance |$14.00 |
|4 |8.1.4 |Scaffolder’s Licence - |Per 38-hour week |
| | |Certificate of Competency as a Scaffolder: | |
| | |Class 1 or 2 |$7.10 |
| | |Class 3 or 4 |$4.00 |
| |8.2 |Deleted | |
|5 |8.2.1 |Deleted | |
|6 |8.2.2 |Deleted | |
| |9 |General Disability Rates - |Per hour |
|7 |9.1.1 |Hot Places - | |
| | |Electrical and Mechanical Tradespersons and | |
| | |maintenance non-trades employees: | |
| | |Temperature raised artificially to between 46 and 54 |$0.38 |
| | |degree Celsius | |
| | |Temperature exceeds 54 degrees Celsius |$0.48 |
|8 |9.1.2 |Hot Work - |Per hour |
| | |Temperatures raised by artificial means to above 49 degrees |$0.38 |
|9 |9.1.3 |Wet Work - |Per hour |
| | |Mechanical tradespersons and maintenance non - trades |$0.38 |
| | |employees. | |
|10 |9.1.4 |Dirty Work - |Per hour |
| | |Mechanical and electrical tradespersons and |$0.38 |
| | |maintenance non-trades employees engaged in work | |
| | |other than ship repair work | |
| | |Ship Repair work |$0.48 |
|11 |9.1.5 |Restrictive Spaces - |Per hour |
| | |Mechanical and electrical tradespersons and |$0.48 |
| | |maintenance non-trades employees | |
|12 |9.1.6 |High Places - |Per hour |
| | |Electrical and Mechanical tradespersons and |$0.28 |
| | |maintenance non- trades other than riggers and splicers | |
|13 |9.1.7 |Oil Tanks - |Per hour |
| | |Mechanical tradespersons and maintenance non- trades |$0.38 |
| | |employees | |
|14 |9.1.8 |Explosive Powered Tools - |Per hour |
| | |All Employees |$0.13 |
| | |Minimum payment |$0.97 |
|15 |9.1.9 |Slag Wool - |$0.48 per hour |
| |9.2 |Deleted | |
|16-20 | |Deleted | |
| |9.3 |Electrical Tradespersons - | |
| |9.3.1 |Toxic Substances: |Per hour |
|21 | |Quantities of 0.5 kg or over |$0.49 |
|22 | |Working in close proximity to |$0.42 |
| |9.4 |Bricklayers and Labourers - | |
|23 |9.4.1 |Brick lining stacks etc: |Per hour |
| | |At a height of 15 but not more than 30 metres |$0.13 |
| | |For each further 15 metres increase above 30 metres |$0.12 |
|24 |9.4.2 |Boiler Chambers |$0.30 per hour |
|25 |9.4.3 |Clothing allowance when working inside stacks and |$1.11 per shift or part |
| | |flues etc |thereof |
| |9.5 |Other Employees - | |
| |9.5.1 |Applying obnoxious substances: |Per hour |
|26 | |Preparation and/or application of epoxy based |$0.48 |
| | |materials or like substances | |
|27 | |Applying such epoxy-based substances when the air |$0.30 |
| | |conditioning plant is not operating | |
|28 | |Working in close proximity to employees so engaged |$0.42 |
|29 |9.5.2 |Deleted | |
|30 |9.5.3 |Spray Painting - |Per hour |
| | |Tradesperson and Brush Hand painters spray painting |$0.42 |
| | |in a booth not approved by Government Authority | |
| |15 |Shift Work Allowances for Shift Workers - | |
| |Column 1 |Column 2 |
| | | |From fpp |From fpp |
| | | |comm. on |comm. on |
| | | |or after |or after |
| | | |6 Dec |8 Dec |
| | | |2001 |2002 |
|31 |15.1.1 |Shift Workers whilst working rotating shift |$56.80 |$59.10 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
|32 |15.1.1 |When at least one-third of working time in the full |$37.90 |$39.40 |
| |(a) |cycle of the roster is not on day shift |per 38 |per 38 |
| | | |hour week |hour week |
|33 |15.1.2 |Rotating Shift Worker when engaged under a roster | | |
| | |system which does not provide for at least one-third | | |
| | |of working time in the full cycle of the roster on day shift | | |
| | |(a) day shift, night shift |$56.80 |$59.10 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
| | |(b) day shift, afternoon shift |$48.40 |$50.30 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
| | |(c) day shift, day shift, afternoon shift |$48.40 |$50.30 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
| | |(d) day shift, day shift, night shift |$48.40 |$50.30 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
|34 |15.1.3 |Shift Workers working shift work on shift systems as | | |
| | |follows: | | |
| | |(a) night shift, afternoon shift |$75.70 |$78.70 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
| | |(b) night shift only |$75.70 |$78.70 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
| | |(c) afternoon shift only |$75.70 |$78.70 |
| | | |per 38 |per 38 |
| | | |hour week |hour week |
|35 |15.1.4 |Shift Workers who work any afternoon shift or night |$22.80 per |$23.70 per |
| | |shift other than under 15.1.1, 15.1.2 and 15.1.3 above |shift |shift |
| | |and not paid in respect of any day shift worked | | |
| |Column 1 |
|36 |22.3.4, |Overtime, meal allowance - |$7.60 per meal |
| |22.3.5 | | |
| |(b) and | | |
| |22.3.6 | | |
PART D - APPENDIX - UNRESTRUCTURED CLASSIFICATIONS
A. APPLICATION
The clauses contained in this appendix apply only to those classifications listed in clause E, Rates of Pay - Unrestructured Classifications, of this appendix.
B. Leading Hands
Employees appointed by the Company as leading hands will be paid additional amounts as set out below.
| |Column 1 |Column 2 |
|Leading Hands - |From first |From first |
| |pay period |pay period |
| |commencing |commencing |
| |on or after |on or after |
| |6 December 2001 per |8 December 2002 |
| |38-hour week |per 38-hour week |
|Production Leading Hands: | | |
|If in charge of not more than five employees |$18.30 |$19.00 |
|If in charge of more than five but not more than |$28.00 |$29.10 |
|fifteen employees | | |
|If in charge of more than fifteen |$39.30 |$40.90 |
|Maintenance Leading Hands: | | |
|If in charge of not less than three and not more than |$25.60 |$26.60 |
|ten employees | | |
|If in charge of more than ten and not more than |$38.60 |$30.10 |
|twenty employees | | |
|If in charge of more than twenty employees |$49.20 |$51.20 |
C. Mixed Functions
Unless otherwise specified, the following will apply:
C.1 Employees who are required to do work carrying a higher rate than his or her ordinary classification for 2 hours or more on any day or shift, will be paid at the higher rate for the whole of the day or shift.
C.2 Subject to C.1 of this clause, an employee, who on any day or shift is required to do work of a higher paid classification for at least 1 hour, will be paid the rate prescribed for such work whilst so engaged.
C.3 Employees required to do work carrying a lower rate than his or her ordinary classification will be entitled to payment at the rate of his or her ordinary classification except:
C.3.1 Where, because of a strike by fellow employees in the establishment in which this person is employed, work in his or her ordinary classification is not available and where the period spent on the work carrying the lower rate is at least 1 hour; and
C.3.2 In respect of work on overtime, where the period spent on the work carrying the lower rate is at least 1 hour.
C.3.3 This specifically excludes employees working in restructured departments within a graded ironworker structure.
D. Tool Allowance
Tradespersons - A tradesperson will be paid an allowance as set out below per 38-hour week for supplying and maintaining tools ordinarily required in the performance of his or her work as a tradesperson. The allowance will apply for all purposes of the award.
| |Column 1 |
|Tool Allowance - |Per week |
|Mechanical Tradesperson |$10.80 |
|Electrical Tradesperson |$10.80 |
|Bricklayer |$13.60 |
E. Rates Of Pay - Unrestructured Classifications
| |Column 1 |Column 2 |
| |Rate of pay per 38-hour week |Rate of pay per 38-hour |
| |from first pay period |week from first |
| |commencing on |pay period |
| |or after |commencing on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|COKE OVENS DEPARTMENT |
|Coal Handling & Washing |
|Operator 1 |538.20 |559.70 |
|Operator 2 |517.90 |538.60 |
|Operator 3 |510.50 |530.90 |
|Operator 1A |531.80 |553.10 |
|Operator 2A |510.50 |530.90 |
|Operator 3A |500.90 |520.90 |
|Operator 4A |488.50 |508.00 |
|988B Front end loader driver |510.50 |530.90 |
|Washery Assistant |483.60 |502.90 |
|Ovens |
|Leading Hand Regulator |549.60 |571.60 |
|Regulator |531.80 |553.10 |
|Battery driver |500.90 |520.90 |
|Battery attendant |474.00 |493.00 |
|Oven top hand |493.10 |512.80 |
|Door adjuster |493.10 |512.80 |
|Coke wharf hand |468.00 |486.70 |
|Oven day labourer |457.60 |475.90 |
|Regulator - Whilst working at | | |
|7 battery control room |549.60 |571.60 |
|Battery driver - 7 battery |510.50 |530.90 |
|Coke handling operator |517.90 |538.60 |
|Coke Screens |
|Screen hand |483.60 |502.90 |
|Truck hand |468.00 |486.70 |
|First hand (No. 4 Battery) |500.90 |520.90 |
|Sulphate |
|First hand |500.90 |520.90 |
|Second hand |474.00 |493.00 |
|Labourer loading sulphate of ammonia |461.30 |479.80 |
|Benzol |
|Light Oil Plant Operator |531.80 |553.10 |
|Filler |483.60 |502.90 |
|Labourer cleaning drains |474.00 |493.00 |
|Liquid Napthalene Loader |474.00 |493.00 |
|By-Products |
|Operator 1 |534.50 |555.90 |
|Operator 2 |560.20 |582.60 |
|Operator 3 |578.60 |601.70 |
|Operator 4 |613.20 |637.70 |
|Miscellaneous |
|Exhauster driver |517.90 |538.60 |
|Cooler attendant |474.00 |493.00 |
|Tar loader |474.00 |493.00 |
|Person cleaning out tar storage tanks |468.00 |486.70 |
|Belt person |507.50 |527.80 |
|Belt person who prepares and vulcanises ends |517.90 |538.60 |
|of belts to make them endless | | |
|Employee assisting belt person and others |468.00 |486.70 |
|Employee assisting belt person and others - |477.90 |497.00 |
|after two years experience | | |
|Belt person or belt person's assistant required to operate lifting jack shall be paid 10 cents per hour or part |
|Thereof |
|Valve person |483.60 |502.90 |
|By-Products Operator |507.50 |527.80 |
|By-Products Assistant |493.10 |512.80 |
|Forklift driver |497.60 |517.50 |
|Telpher crane driver |483.60 |502.90 |
|Person watching for fires |474.00 |493.00 |
|Greaser |468.00 |486.70 |
|Yard labourer |457.60 |475.90 |
|Road suction sweeper operator |541.30 |563.00 |
|Refractory sprayer |488.20 |507.70 |
|Refractory sprayer (dry) |531.80 |553.10 |
|Labourer when cleaning in tar precipitators |477.90 |497.00 |
|Labourer Loading Napthalene |468.00 |486.70 |
|Synthetic hand |517.90 |538.60 |
|Yard Machine Operator |504.00 |524.20 |
|BLAST FURNACE DEPARTMENT |
|Ore Bridge & Gantry & Stock House |
|Ore Bridge Driver |528.80 |550.00 |
|Hoist person |507.50 |527.80 |
|Gantry Labourer |461.30 |479.80 |
|Cast House |
|Founder |568.80 |591.60 |
|Helper |507.50 |527.80 |
|Cast House Labourer |477.90 |497.00 |
|Gas person - No 4 Blast Furnace |572.50 |595.40 |
|Inspector No 5 Blast Furnace |578.00 |601.10 |
|Cast House Repair person |568.80 |591.60 |
|Cast House Repair person - Level 1 |492.30 |512.00 |
|Cast House Repair person - Level 2 |507.50 |527.80 |
|Cast House Repair person - Level 3 |534.50 |555.90 |
|Cast House Repair person - Level 4 |585.90 |609.30 |
|Miscellaneous |
|Ladle Skuller |468.00 |486.70 |
|Person watching for Gas |468.00 |486.70 |
|Forklift Driver |504.00 |524.20 |
|Greaser |468.00 |486.70 |
|Labourer |457.60 |475.90 |
|Labourer cleaning No. 5 B.Fce Stockhouse, |474.00 |493.00 |
|Baghouse, Precip. &G as Mains | | |
|Welder 1st Class (Scrap) |563.10 |585.60 |
|Change House Attendant/Lavatory Attendant |457.60 |475.90 |
|SINTER PLANT DEPARTMENT |
|Ore Handling |
|Leading Hand Raw Materials Operator |556.50 |578.80 |
|Ore Bridge Driver |528.80 |550.00 |
|Stacker Reclaimer Operator |504.00 |524.20 |
|Raw Materials Handling Attendant |488.50 |508.00 |
|Raw Materials Yard Attendant |474.00 |493.00 |
|Chaser 1st Grade |528.80 |550.00 |
|Sinter Station |
|Sinter Station Attendant |493.10 |512.80 |
|Sinter Plant Operator - Level 1 |517.90 |538.60 |
|Sinter Plant Operator - Level 2 |538.20 |559.70 |
|Sinter Plant Operator - Level 3 |619.80 |644.60 |
|Miscellaneous |
|Front End Loader Driver |510.50 |530.90 |
|Belt person |531.80 |553.10 |
|Belt person who prepares and vulcanises belts |541.30 |563.00 |
|to make them endless | | |
|Belt person's Assistant |483.60 |502.90 |
|Belt person's Assistant - after two years |495.80 |515.60 |
|Experience | | |
|Belt person or Belt person’s Assistant required | | |
|to operate lifting jack shall be paid 10 cents | | |
|per hour or part thereof. | | |
|Deduster Attendant |465.60 |484.20 |
|Mechanical Sweeper Operator |474.00 |493.00 |
|Greaser |483.60 |502.90 |
|Forklift Driver |497.60 |517.50 |
|Store person |483.60 |502.90 |
|Bobcat Operator |504.00 |524.20 |
|Labourer |457.60 |475.90 |
|Labourer when cleaning the following areas: | | |
|(58 & 59) conveyor transfer points |474.00 |493.00 |
|(29 & 30) conveyor and areas under the feeder |474.00 |493.00 |
|Tables | | |
|246 & 248) conveyors and the floor level of |474.00 |493.00 |
|the basement of 249 conveyor | | |
|74 conveyor basement |474.00 |493.00 |
|A.1 & A.2 & any areas below this level when |474.00 |493.00 |
|limestone, flue dust & cold return fines are | | |
|being elevated | | |
|256 &257 conveyor walkways & head chute |474.00 |493.00 |
|platforms, when these conveyors are operating | | |
|The head of the sinter and blast furnace lump |474.00 |493.00 |
|ore loading bins excluding the tails of F.7 &60 | | |
|Conveyors | | |
|POWER DEPARTMENT |
|No. 1 Power House |
|Control room operator |617.30 |642.00 |
|Crane driver |507.50 |527.80 |
|Crane driver - when installing and removing |510.50 |530.90 |
|Boiler cleaner |461.30 |479.80 |
|Operator 1 |575.20 |598.20 |
|Operator 2 |560.20 |582.60 |
|Operator 3 |540.90 |562.50 |
|Operator 4 |530.90 |552.10 |
|Operator 5 |488.50 |508.00 |
|Operator 6 |477.90 |497.00 |
|No. 2 Blower Station |
|Operator - 1 |606.40 |630.70 |
|Operator - 2 |588.40 |611.90 |
|Operator - 3 |565.10 |587.70 |
|Operator - 4 |541.30 |563.00 |
|Operator - 5 |497.60 |517.50 |
|Operator - 6 |488.50 |508.00 |
|Water treatment plant attendant |493.10 |512.80 |
|Crane driver |507.50 |527.80 |
|Crane driver - when installing and removing |510.50 |530.90 |
|turbine rotors | | |
|Oil attendant |493.10 |512.80 |
|Outside Services |
|Services Operator 1 |541.30 |563.00 |
|Services Operator 2 |528.80 |550.00 |
|Services Operator 3 |507.50 |527.80 |
|Services Operator 1 in Training |534.50 |555.90 |
|Miscellaneous | | |
|Forklift driver |497.60 |517.50 |
|Labourer |457.60 |475.90 |
|Leading Power House Attendant |603.10 |627.20 |
|TONNAGE OXYGEN PLANT |
|Oxygen Plant Operator |603.10 |627.20 |
|Auxiliary plant operator |565.10 |587.70 |
|Labourer |457.60 |475.90 |
|Crane driver |507.50 |527.80 |
|Crane driver - when installing and removing |510.50 |530.90 |
|turbine rotors | | |
|STEELMAKING |
|Miscellaneous |
|Front end loader driver |504.00 |524.20 |
|Fork lift driver |504.00 |524.20 |
|BOS Plant |
|Melting |
|Furnace attendant |583.00 |606.30 |
|Charging floor attendant |556.50 |578.80 |
|Hot metal person |528.80 |550.00 |
|Charging crane driver |549.60 |571.60 |
|Slag rake operator |504.00 |524.20 |
|Scrap person |504.00 |524.20 |
|Scrap crane driver |528.80 |550.00 |
|Slag crane driver |528.80 |550.00 |
|Front end loader driver (melting) |528.80 |550.00 |
|Front end loader driver (melting) when |541.30 |563.00 |
|working under an operating furnace | | |
|Furnace labourer |477.90 |497.00 |
|Casting |
|Ladle operator |560.20 |582.60 |
|Casting labourer |493.10 |512.80 |
|Casting labourer (when assisting the vacuum |500.90 |520.90 |
|degasser operator) | | |
|Pit labourer |477.90 |497.00 |
|Teeming crane driver |568.80 |591.60 |
|Casting pit attendant |507.50 |527.80 |
|Vacuum degasser operator |566.40 |589.10 |
|Ladle repair person |510.50 |530.90 |
|Leading ladle repair person |531.80 |553.10 |
|Stoppermaker |477.90 |497.00 |
|Alloy and Materials Co-Ordinator | | |
|Desulpherising Plant |
|Desulpherising attendant |549.60 |571.60 |
|Desulpherising plant labourer |493.10 |512.80 |
|Lime Kiln |
|Lime kiln operator |556.50 |578.80 |
|Dump station attendant |517.90 |538.60 |
|Raw materials attendant |500.90 |520.90 |
|Front end loader driver |512.50 |533.00 |
|Lime kiln plant labourer |477.90 |497.00 |
|Miscellaneous |
|First relief crane driver |560.60 |583.00 |
|Second relief crane driver |528.80 |550.00 |
|Pump & water treatment attendant |538.20 |559.70 |
|Greaser |468.00 |486.70 |
|Alloy attendant |483.60 |502.90 |
|Crane cleaner |468.00 |486.70 |
|Furnace demolisher operator |560.20 |582.60 |
|Front end loader driver |512.50 |533.00 |
|Forklift driver |497.60 |517.50 |
|Mechanical sweeper operator |461.30 |479.80 |
|Labourer |457.60 |475.90 |
|Labourer (when cleaning in the OG system) |483.60 |502.90 |
|Torpedo Ladle Operator |517.90 |538.60 |
|Change House Attendant/Lavatory Attendant |457.60 |475.90 |
|Slab Caster Department |
|Caster operator |612.40 |636.90 |
|Senior assistant caster |569.80 |592.60 |
|Assistant caster |566.90 |589.60 |
|Machine scarfer operator |558.50 |580.80 |
|Scarfer cutter |542.30 |564.00 |
|Leading slab processing attendant |583.00 |606.30 |
|Slab processing attendant |558.50 |580.80 |
|Tundish repair person |561.40 |583.90 |
|Slab caster crane driver |554.20 |576.40 |
|Water treatment attendant |553.30 |575.40 |
|Maintenance attendant |507.50 |527.80 |
|Maintenance attendant in training |488.50 |508.00 |
|Forklift driver |497.60 |517.50 |
|Tundish refractory attendant |562.30 |584.80 |
|Slab sampling attendant |542.30 |564.00 |
|Pulpit Operator 1 |558.50 |580.80 |
|Pulpit Operator 2 |565.70 |588.30 |
|Pulpit Operator 3 |589.00 |612.60 |
|Chaser 1st Grade |528.80 |550.00 |
|Slab Yard Operations |
|Slab yard crane driver |560.20 |582.60 |
|Deseamer (cold steel) |493.10 |512.80 |
|Deseamer - special class |541.30 |563.00 |
|Tally person |493.10 |512.80 |
|Forklift driver – Hyster 101 |517.90 |538.60 |
|Slab inspector |517.90 |538.60 |
|Operator 1 |574.30 |597.30 |
|Operator 2 |539.80 |561.40 |
|Bloom yard crane driver |500.90 |520.90 |
|Finishing end crane driver |500.90 |520.90 |
|Fork lift driver |497.60 |517.50 |
|Crane chaser |468.00 |486.70 |
|Brush hand |493.10 |512.80 |
|Labourer |457.60 |475.90 |
|HOT STRIP MILL |
|Strip Mill |
|Mill Operator Grade 1 |587.30 |610.80 |
|Mill Operator Grade 2 |609.40 |633.80 |
|Mill Operator Grade 3 |631.90 |657.20 |
|Mill Operator Grade 4 |654.10 |680.30 |
|Mill Operator Grade 5 |683.50 |710.80 |
|90 tonne crane driver |500.90 |520.90 |
|70 tonne crane driver |500.90 |520.90 |
|Coil tier (export) |461.30 |479.80 |
|Strip Mill Crane chaser |497.60 |517.50 |
|Learner operator |537.10 |558.60 |
|Operator 2 |560.20 |582.60 |
|Hot Coil Processing and Despatch |
|1st Line assistant |483.60 |502.90 |
|2nd Line assistant |483.60 |502.90 |
|Stack checker |504.00 |524.20 |
|Operator 3 |483.60 |502.90 |
|Operator 4 |457.60 |475.90 |
|Crane driver |532.80 |554.10 |
|Operator 1A |616.70 |641.40 |
|Operator 3A |511.00 |531.40 |
|Miscellaneous |
|Greaser (including crane greaser) |468.00 |486.70 |
|15 tonne coil storage crane driver |500.90 |520.90 |
|Machine shop crane driver |507.50 |527.80 |
|Tally person |483.60 |502.90 |
|Crane chaser (other) |468.00 |486.70 |
|Live gear operator |461.30 |479.80 |
|Labourer |457.60 |475.90 |
|Chuck change operator |507.50 |527.80 |
|Hot strip mill shop crane chaser |474.00 |493.00 |
|Systems Attendant |531.80 |553.10 |
|Relief person |510.50 |530.90 |
|Forklift driver |497.60 |517.50 |
|Brush Hand |493.10 |512.80 |
|PLATE MILL DEPARTMENT |
|Plate Mill Operations |
|Operator 1 |566.60 |589.30 |
|Operator 2 |534.50 |555.90 |
|Operator 3 |528.80 |550.00 |
|Operator 4 |500.90 |520.90 |
|Operator 5 |477.90 |497.00 |
|Operator 6 |461.30 |479.80 |
|Crane driver 1 |507.50 |527.80 |
|Crane driver 2 |500.90 |520.90 |
|Forklift driver |504.00 |524.20 |
|Water treatment plant attendant |474.00 |493.00 |
|Relief person (continuous furnace) |465.60 |484.20 |
|Roller operator |609.40 |633.80 |
|Plate processing operator grade 5 |654.10 |680.30 |
|Plate processing operator grade 3 |597.30 |621.20 |
|Plate processing operator grade 2 |560.20 |582.60 |
|Plate processing operator grade 1 |534.50 |555.90 |
|Plate mill operator grade 5 |654.10 |680.30 |
|Plate mill operator grade 4 |629.20 |654.40 |
|Plate support operator |560.20 |582.60 |
|Plate services co-ordinator |534.50 |555.90 |
|Learner operator |507.50 |527.80 |
|Electrolytic Tinning Lines |
|Labourer |457.60 |475.90 |
|Assorting Room |
|Classifier operator |512.50 |533.00 |
|Warehouse |
|Warehouse despatcher |507.50 |527.80 |
|Narrow Cold Rolled Products |
|Operator 1 |572.50 |595.40 |
|Operator 2 |541.30 |563.00 |
|Operator 3 |483.60 |502.90 |
|Miscellaneous |
|Tally person |483.60 |502.90 |
|Crane driver 1 |500.90 |520.90 |
|Crane driver 2 |517.90 |538.60 |
|Crane driver 2 (when using coil tongs) |528.80 |550.00 |
|Crane chaser |468.00 |486.70 |
|Lansing bagnall trolley operator |468.00 |486.70 |
|Service Attendant |507.50 |527.80 |
|Greaser |468.00 |486.70 |
|Mobile crane driver |517.90 |538.60 |
|Forklift driver |507.50 |527.80 |
|Mechanical sweeper operator |461.30 |479.80 |
|Battery charger |477.90 |497.00 |
|Labourer |457.60 |475.90 |
|Chuck change operator |507.50 |527.80 |
|Belt person |507.50 |527.80 |
|Belt person prepares and vulcanises belts |517.90 |538.60 |
|Employee assisting belt person |468.00 |486.70 |
|Employee assisting belt person after | | |
|2 years experience |477.90 |497.00 |
|Brush Hand |493.10 |512.80 |
|FOUNDRIES DEPARTMENT |
|a. Crane driver: | | |
|5 tonnes No. 2 |507.50 |527.80 |
|6 tonnes No. 3 |507.50 |527.80 |
|7.5 tonnes No. 278 |507.50 |527.80 |
|15 tonnes No. 190 |507.50 |527.80 |
|b. Crane driver: | | |
|25 tonnes No. 109 |510.50 |530.90 |
|25 tonnes No. 315 |510.50 |530.90 |
|30 tonnes No. 32 |510.50 |530.90 |
|50 tonnes No. A1217 |510.50 |530.90 |
|60 tonnes No. 65 |510.50 |530.90 |
|60 tonnes No. 188 |510.50 |530.90 |
|Provided that an allowance of $1.00 will also apply to drivers receiving the rate of pay for each shift during |
|which hot metal is carried |
|c. Crane driver: | | |
|50 tonnes No. A1216 |528.80 |550.00 |
|80 tonnes No. 108 |528.80 |550.00 |
|100 tonnes No. A1194 |528.80 |550.00 |
|160 tonnes No. A1101 |528.80 |550.00 |
|Greaser |468.00 |486.70 |
|Ladle person (bottom pour) |500.90 |520.90 |
|Forklift driver |504.00 |524.20 |
|TRAFFIC DEPARTMENT |
|Locomotive Operations |
|Locomotive driver |582.50 |605.80 |
|Locomotive driver - learner |543.50 |565.20 |
|Shunter - learner |504.00 |524.20 |
|Shunter |543.50 |565.20 |
|Guard |551.10 |573.10 |
|Locomotive cleaner |461.30 |479.80 |
|Railway points person |510.50 |530.90 |
|Point greaser |470.30 |489.10 |
|Fuel person |468.00 |486.70 |
|Wagon Maintenance Shop |
|Greaser (including reporting defects) |468.00 |486.70 |
|Wagon painter |493.10 |512.80 |
|Crane operator |517.90 |538.60 |
|O'Briens Drift |
|OBD Operator |560.20 |582.60 |
|Coal Station Attendant |493.10 |512.80 |
|Railway Maintenance & Construction |
|Leading hand platelayer |541.30 |563.00 |
|Platelayer Grade 1 |528.80 |550.00 |
|Platelayer Grade 2 |500.90 |520.90 |
|Platelayer Grade 3 |483.50 |502.80 |
|Backhoe operator |541.30 |563.00 |
|Ballast regulator operator |504.00 |524.20 |
|Tamping machine operator |534.50 |555.90 |
|Huckbolter |493.10 |512.80 |
|Thermit welder |534.50 |555.90 |
|Track examiner |560.20 |582.60 |
|PLANT SERVICES |
|Tractor driver |483.60 |502.90 |
|Grader driver |504.00 |524.20 |
|Excavator driver |504.00 |524.20 |
|Vac-all operator |614.60 |639.20 |
|Vac-all attendant |474.00 |493.00 |
|Prime mover driver (furnace demolisher) |528.80 |550.00 |
|Backhoe operator |504.00 |524.20 |
|Road roller operator |474.00 |493.00 |
|Magnesium handling attendant |507.50 |527.80 |
|Labourer engaged on road repairs |470.10 |488.90 |
|Water spray operator |560.20 |582.60 |
|Labourer cleaning drains |474.00 |493.00 |
|Scarab Mechanical Sweeper Operator |474.00 |493.00 |
|Fork lift Driver |497.60 |517.50 |
|Person in Platelaying Gang |483.50 |502.80 |
|Mobile Equipment Assistant |520.90 |541.70 |
|MANUFACTURING SHOP - MACHINE |
|Machine Shop Attendant Grade 1 |534.50 |555.90 |
|Machine Shop Attendant Grade 2 |504.00 |524.20 |
|Machine Shop Attendant Grade 3 |461.30 |479.80 |
|Labourer |331.30 |344.60 |
|MANUFACTURING SHOP - FABRICATING |
|Crane driver |500.90 |520.90 |
|Crane chaser |483.60 |502.90 |
|Forklift driver |504.00 |524.20 |
|Pendant crane operator |517.90 |538.60 |
|HEAT TREATMENT |
|Heat Treater |568.80 |591.60 |
|DIESEL LOCOMOTIVE REPAIR SHOP |
|Crane driver |500.90 |520.90 |
|Pendant crane operator |517.90 |538.60 |
|Chaser 1st Grade |528.80 |550.00 |
|SPARES OPERATIONS |
|Despatch store person |504.00 |524.20 |
|Store person |483.60 |502.90 |
|Labourer whose work includes painting |468.00 |486.70 |
|Other labourer |461.30 |479.80 |
|Spares area attendant - Grade 1 |538.20 |559.70 |
|Spares area attendant - Grade 2 |528.80 |550.00 |
|Steel storage attendant |512.50 |533.00 |
|Forklift Driver |497.60 |517.50 |
|ELECTRICAL SHOP |
|Crane driver |500.90 |520.90 |
|Mobile crane driver |507.50 |527.80 |
|Pendant crane operator |517.90 |538.60 |
|INSTRUMENT SHOP |
|Forklift Driver |497.60 |517.50 |
|LABORATORIES |
|Sampler |504.00 |524.20 |
|Chemical Laboratory Store person |493.10 |512.80 |
|Machine operator 1 |510.00 |530.40 |
|Machine operator 2 |488.50 |508.00 |
|Labourer |457.60 |475.90 |
|GENERAL STORE |
|Store person - Grade 1 |510.50 |530.90 |
|Store person - Grade 2 |497.60 |517.50 |
|Store person - Grade 3 |493.10 |512.80 |
|Store person - Grade 4 |483.60 |502.90 |
|Delivery hand |468.00 |486.70 |
|Labourer |457.60 |475.90 |
|Forklift driver |504.00 |524.20 |
|Brush Hand |493.10 |512.80 |
|Chaser 1st Grade |528.80 |550.00 |
|Chaser 2nd Grade |504.00 |524.20 |
|GARAGE |
|Vehicle Service Attendant |483.60 |502.90 |
|ELECTRICAL TRADES |
|The following tradesperson classifications shall only apply to employees who are classified as such as at 18 |
|May 1987 - |
|Electrical lines person |578.40 |601.50 |
|Electrical trades person(including tool allowance) |578.40 |601.50 |
|Electrical trades person - grade 1(including tool |594.80 |618.60 |
|allowance) | | |
|Electrical tradesperson - grade 2(including tool |611.10 |635.50 |
|allowance) | | |
|Electrical tradesperson - grade 3(including tool |640.10 |665.70 |
|allowance) | | |
|Electrical tradesperson - grade 4(including tool |665.10 |691.70 |
|allowance) | | |
|Maintenance Tradesperson (Electrical)(including |598.30 |622.20 |
|tool allowance) | | |
|Tradesperson (Electrical) Base Level allowance | | |
|Assistant to Electrical Tradesperson |470.10 |488.90 |
|Instrument fitter (including tool allowance) |611.10 |635.50 |
|Instrument tradesperson - grade 1(including tool |611.10 |635.50 |
|allowance) | | |
|Instrument tradesperson - grade 2(including tool |640.10 |665.70 |
|allowance) | | |
|Instrument tradesperson - grade 3(including tool |665.10 |691.70 |
|allowance) | | |
|Electronics tradesperson - grade 2(including tool |640.10 |665.70 |
|allowance) | | |
|Electronics tradesperson - grade 3(including tool |665.10 |691.70 |
|allowance) | | |
|An additional amount per week of $24.50 shall be paid to an employee employed and working as an |
|electrical tradesperson and possessing an Electrician's "A" Grade Licence and an amount per week of |
|$13.20 for an Electrician's "B" Grade Licence issued under the Electricity Development Act, 1945-1965. |
|BUILDING TRADES |
|Lead burner (including tool allowance) |598.00 |621.90 |
|Plumber (including tool allowance) |576.80 |599.90 |
|Bricklayer (including tool allowance) |577.70 |600.80 |
|Bricklayer when engaged on refractory work |595.40 |619.20 |
|(including tool allowance) | | |
|Plasterer |552.40 |574.50 |
|Carpenter (including tool allowance) |577.90 |601.00 |
|Sailmaker |510.50 |530.90 |
|Signwriter |563.80 |586.40 |
|Painter (tradesperson) (including tool allowance) |559.80 |582.20 |
|Brush hand required to hold scaffolders |497.60 |517.50 |
|Certificate | | |
|Brush hand (other than labourer next provided |493.10 |512.80 |
|for) | | |
|Labourer touching up brickwork and floors and |457.60 |475.90 |
|foundations of engines and machinery and | | |
|standards near the ground | | |
|Chaser 1st Grade |528.80 |550.00 |
|Chaser 2nd Grade |504.00 |524.20 |
|Labourer Assisting Building Trades Tradesperson |468.00 |486.70 |
|GARAGE |
|Mini buses |563.30 |585.80 |
|GENERAL CONSTRUCTION AND MAINTENANCE |
|Powder monkey |483.60 |502.90 |
|Powder monkey's assistant |468.00 |486.70 |
|Chain person (wet or dry) |474.00 |493.00 |
|Pile driver operator |507.50 |527.80 |
|Machine person |474.00 |493.00 |
|Tool sharpener |474.00 |493.00 |
|Tool machine operator |493.10 |512.80 |
|Person using hammer and gad or drill |468.00 |486.70 |
|Pipe layer |500.90 |520.90 |
|Concrete Worker, ie: | | |
|Mixer driver |474.00 |493.00 |
|Finisher |474.00 |493.00 |
|Cement person at mixer |474.00 |493.00 |
|Rod bender - 1st hand |474.00 |493.00 |
|Reinforcement hand |468.00 |486.70 |
|Concrete hand (including compo and/or cement |500.90 |520.90 |
|mixer, helper at mixer, shoveller, barrow person, | | |
|leveller at chute, packer and labourer loading, | | |
|Unloading and/or stacking cement) | | |
|Labourer on construction (not otherwise provided |461.30 |479.80 |
|for) | | |
|MISCELLANEOUS |
|Rope inspector |553.40 |575.50 |
|Bloom mill motor room crane driver |500.90 |520.90 |
|Plate & Strip mill motor room crane driver |500.90 |520.90 |
|Driver of Hodkinson stiff leg crane whilst |461.30 |479.80 |
|operating at heights on blast furnace repairs | | |
|Leading Brown hoist attendant (Rigger |535.40 |556.80 |
|thereafter) | | |
|Rigger's labourer |457.60 |475.90 |
|Bricklayer's labourer engaged on stacking in a |461.30 |479.80 |
|Compound area or working at brick storage areas | | |
|Bricklayer's labourer - Coke Ovens Department |468.00 |486.70 |
|Bricklayer's labourer (other) |461.30 |479.80 |
|Labourer assisting building trades | | |
|Tradesperson (other) |468.00 |486.70 |
|Brick tarrer |461.30 |479.80 |
|Industrial truck driver |470.10 |488.90 |
|Industrial truck driver - mobile broom |474.00 |493.00 |
|Howard motor mower driver |461.30 |479.80 |
|Mechanical sweeper operator |461.30 |479.80 |
|Compressor and/or pump attendant |474.00 |493.00 |
|Yard labourer loading, unloading, carrying and |468.00 |486.70 |
|stacking cement | | |
|Yard labourer (excluding labourer on construction) |457.60 |475.90 |
|Garbage loader |468.00 |486.70 |
|Steam cleaner operator |461.30 |479.80 |
|Learner Inspector |468.00 |486.70 |
|Locomotive crane driver |545.70 |567.50 |
|Stiff leg crane driver |500.90 |520.90 |
|Pile welding inspector |517.90 |538.60 |
|General despatch hand |493.10 |512.80 |
|Gear chaser: | | |
|First grade |528.80 |550.00 |
|Second grade |504.00 |524.20 |
|ENGINEERING |
|Fitter |563.10 |585.60 |
|Fitter - turbine blade |568.80 |591.60 |
|Machinist - 1st class |563.10 |585.60 |
|Marker off (ie a fitter the greater part of whose |571.30 |594.20 |
|time in any one weekly pay period is occupied | | |
|marking off) | | |
|Pattermaker |585.80 |609.20 |
|Scientific instrument maker |585.80 |609.20 |
|Toolmaker |585.80 |609.20 |
|Turner |563.10 |585.60 |
|Inspector |590.20 |613.80 |
|Angle-iron smith |568.80 |591.60 |
|Smith – other |566.50 |589.20 |
|Toolsmith |568.80 |591.60 |
|Boilermaker and/ or structural steel tradesperson |563.10 |585.60 |
|Marker-off (ie a tradesperson the greater part of |571.30 |594.20 |
|whose time in any one weekly pay period is | | |
|occupied in marking off and/or template making) | | |
|Welder – special class (as defined) |571.30 |594.20 |
|Welder - 1st class (as defined) |563.10 |585.60 |
|Heat Treater |568.80 |591.60 |
|NC Programmer |590.20 |613.80 |
|CNC Grinder Operator |597.90 |621.80 |
|CNC Programmer/Operator |590.20 |613.80 |
|Maintenance Tradesperson |583.30 |606.60 |
|(Mechanical/Fabrication) | | |
|FOUNDRY |
|Dresser and grinder (when using | | |
|portable machine) |470.10 |488.90 |
|Dresser – shot blast and sand blast who | | |
|does not operate from outside a properly | | |
|enclosed cabin |480.80 |500.00 |
|Dresser and grinder whose duties include the use |484.80 |504.20 |
|of arc air and/or burning equipment | | |
|Dresser and grinder - other |468.00 |486.70 |
|Furnace person - other |477.90 |497.00 |
|Furnace person (High Frequency) |490.30 |509.90 |
|Assistant furnace person |465.60 |484.20 |
|Plate and Machine Moulder and/or coremaker 1st |465.60 |484.20 |
|twelve months' experience | | |
|Next six months' experience |470.10 |488.90 |
|Thereafter |484.80 |504.20 |
|(experience for the purpose of calculating rates payable to plate and machine moulders and/or coremakers |
|shall include all experience as a moulder or coremaker jobbing or machine) |
|Assistant to moulder trades person |465.60 |484.20 |
|Assistant to moulder trades person (mainly |474.00 |493.00 |
|engaged in attending cranes) | | |
|Sand reclamation plant person |484.80 |504.20 |
|Sand mixing machine operator |471.60 |490.50 |
|Jobbing moulder and/or coremaker |563.10 |585.60 |
3. This variation shall take effect on and from:
(i) 11 July 2002 in respect to clause 1 of this variation;
(ii) first full pay period to commence on or after 8 April 2001 in respect to classification "5. Refractory Installation Bricklayers," appearing in Table 2 - Graded Trades Rates of Pay, of clause 2 of this variation;
(iii) first full pay period to commence on or after 6 December 2001 in respect to Column 1 appearing in the said clause 2; and
(iv) first full pay period to commence on or after 8 December 2002 with respect to Column 2 appearing in the said clause 2.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
| |SERIAL C1709 |
|(1592) | |
BHP STEEL (JLA) PTY LTD - SPRINGHILL AND CRM WORKS EMPLOYEES AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by BHP Steel Ltd.
(No. IRC 3757 of 2002)
|Before The Honourable Justice Walton, Vice-President |11 July 2002 |
VARIATION
1. Delete subclause 36.3, of clause 36, Procedure for Resolving Claims, Issues and Disputes, of the award published 8 March 2002 (331 I.G. 1257), and insert in lieu thereof the following:
36.3 Compliance with the BHP Steel Port Kembla Operations Enterprise Agreement 2002 (the "Agreement") - The provisions of this clause operate subject to the requirements of the Agreement while it is in force and, in particular, to Clause 9 - Regulation of Disturbances to Production and Supply, of the Agreement.
36.4 Review of Procedure - The operation of this clause will be jointly reviewed by the parties at regular intervals.
2. Delete Part C - Monetary Rates - Restructured Classifications and Part D - Appendix - Unrestructured Classifications, of the award and insert in lieu thereof the following:
PART C - MONETARY RATES - RESTRUCTURED CLASSIFICATIONS
TABLE 1 - RESTRUCTURED IRONWORKER RATES OF PAY
| |Column 1 |Column 2 |
| |Rate of pay |Rate of pay |
| |per 38-hour week |per 38-hour week |
| |from the first pay |from the first pay |
| |period commencing |period commencing |
| |on or after |on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|1. Metal Coating Lines Department |
|Production Line |
|Entry Level |476.90 |491.20 |
|Level 1 |507.40 |522.60 |
|Level 2 Entry |533.90 |549.90 |
|Level 2 Delivery |547.10 |563.50 |
|Level 3 Entry |560.40 |577.20 |
|Level 3 Delivery |576.20 |593.50 |
|Level 4 Entry |592.10 |609.90 |
|Level 4 Delivery |608.00 |626.20 |
|Senior Operator |657.30 |677.00 |
|Production Support |
|Entry Level |467.90 |481.90 |
|Level 1 |496.90 |511.80 |
|Level 2 |520.60 |536.20 |
|Level 3 |533.90 |549.90 |
|Senior Operator |657.30 |677.00 |
|2. Uncoated Department |
|Coupled Pickle Cold Mill |
|Learner Operator |491.10 |505.80 |
|Operator 1 |546.30 |562.70 |
|Operator 2 |576.00 |593.30 |
|Operator 3 |607.60 |625.80 |
|Operator 4 Relief Roller |651.60 |671.10 |
|Roll Shop Operator |500.90 |515.90 |
|3. Painting and Finishing Department |
|No. 3 Paintline |
|Operator 1 |495.20 |510.10 |
|Operator 2 |513.20 |528.60 |
|Operator 3 |547.10 |563.50 |
|Operator 4 |588.40 |606.10 |
|Operator 5 |608.00 |626.20 |
|Slit Recoil Line |
|Operator 1 |507.40 |522.60 |
|Operator 2 |560.40 |577.20 |
|Operator 3 |598.00 |615.90 |
|Finishing |
|Entry Level Operator |449.20 |462.70 |
|Operator Level 1 |486.20 |500.80 |
|Operator Level 2 |553.10 |569.7 |
|Operator Level 3 |598.00 |615.90 |
|Finishing Department Facilitator |657.30 |677.00 |
|4. Maintenance |
|Maintenance Ironworkers |
|Maintenance Ironworker - Level 2A |475.60 |489.90 |
|Maintenance Ironworker - Level 2 |500.9 |515.90 |
|Maintenance Ironworker - Level 3 |526.10 |541.90 |
Table 2 - Graded Trades Rates Of Pay
| |Column 1 |Column 2 |
| |Rate of pay |Rate of pay |
| |per 38-hour week |per 38-hour week |
| |from the first pay |from the first pay |
| |period commencing |period commencing |
| |on or after |on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|1. Electrical Trades (inclusive of a tool allowance of $10.80 per 38-hour week) - |
|Electrical Tradesperson (E) Base Level |598.50 |622.40 |
|Electrical Tradesperson (E) Level 1 |619.50 |644.30 |
|Electrical Tradesperson (E) Level 2 |645.20 |671.00 |
|Electrical Tradesperson (E) Level 3 |670.60 |697.40 |
|Electrical Tradesperson (E) Level 4 |698.10 |726.00 |
|Electrical Tradesperson (E) Level 5 |714.40 |743.00 |
|Electrical Tradesperson (E) Level 6 |754.50 |784.70 |
|2. Mechanical Trades (inclusive of a tool allowance of $10.80 per 38-hour week) - |
|Graded Tradesperson (M) Base Level |583.50 |606.80 |
|Graded Tradesperson (M) Level 1 |603.60 |627.70 |
|Graded Tradesperson (M) Level 2 |628.20 |653.30 |
|Graded Tradesperson (M) Level 3 |652.90 |679.00 |
|Graded Tradesperson (M) Level 4 |679.50 |706.70 |
|Graded Tradesperson (M) Level 5 |695.00 |722.80 |
|Graded Tradesperson (M) Level 6 |733.60 |762.90 |
|3. Deleted |
|4. Deleted |
Table 3 - Apprentices
| |Column 1 |Column 2 |
| |Rate of pay and tool allowance |Rate of pay and tool |
| |per 38-hour week |allowance per 38-hour week |
| |from the first pay period |from the first pay period |
| |commencing on or after |commencing on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|1. Four Year Term |Rate of Pay |Tool |Rate of Pay |Tool |
| | |Allowance | |Allowance |
|Apprentice 1st Year |230.05 |4.30 |236.95 |4.30 |
|Apprentice 2nd Year |296.50 |5.60 |305.80 |5.60 |
|Apprentice 3rd Year |395.20 |7.65 |407.05 |7.65 |
|Apprentice 4th Year |472.40 |9.20 |486.70 |9.20 |
|2. Three Year Term | | | | |
|Apprentice 1st Year |263.40 |4.90 |271.20 |4.90 |
|Apprentice 2nd Year |395.20 |7.65 |407.05 |7.65 |
|Apprentice 3rd Year |453.10 |9.00 |466.70 |9.00 |
Table 4 - Annualised Salary Rates Of Pay
Item 1. Production Support
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual Rate |Base Weekly Rate |Total Annual Rate |Base Weekly |
| |from first pay |from first pay |from first pay |Rate from first |
| |period |period |period |pay period |
| |commencing |commencing |commencing |commencing |
| |on or after |on or after |on or after |on or after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December 2002 |
| |$ |$ |$ |$ |
|Production Support | | | | |
|Operators | | | | |
|Base |58,626.00 |651.80 |60,825.00 |677.90 |
|Level 1 |63,756.90 |712.70 |66,158.10 |741.20 |
|Level 2 |66,562.50 |746.00 |69,081.60 |775.90 |
|Level 3 |70,345.40 |790.90 |73,007.70 |822.50 |
Item 2. Springhill Maintenance Support
| |Column 1 |Column 1 |Column 2 |Column 2 |
| |Total Annual |Base Weekly |Total Annual |Base Weekly |
| |Rate |Rate |Rate |Rate |
| |from first pay |from first pay |from first pay |from first pay |
| |period |period |period |period |
| |commencing |commencing |commencing |commencing |
| |on or after |on or after |on or after |on or after |
| |6 December 2001 |6 December 2001 |8 December 2002 |8 December 2002 |
| |$ |$ |$ |$ |
|Mechanical Tradesperson | | | | |
|Base |53,692.10 |769.30 |55,772.40 |799.60 |
|Level 1 |55,600.70 |797.10 |57,756.50 |828.50 |
|Level 2 |57,344.60 |822.50 |59,569.10 |854.90 |
|Level 3 |59,802.50 |858.30 |62,130.00 |892.20 |
|Level 4 |61,690.60 |885.80 |64,093.50 |920.80 |
|Level 5 |62,782.20 |901.70 |65,226.40 |937.30 |
|Level 6 |65,514.70 |941.50 |68,068.80 |978.70 |
|Electrical Tradesperson | | | | |
|Base |56,541.30 |810.80 |58,657.00 |841.70 |
|Level 1 |58,511.80 |839.50 |60,709.90 |871.60 |
|Level 2 |60,324.30 |865.90 |62,591.10 |899.00 |
|Level 3 |62,837.10 |902.50 |65,206.90 |937.10 |
|Level 4 |64,787.00 |930.90 |67,232.30 |966.60 |
|Level 5 |65,940.40 |947.70 |68,433.70 |984.10 |
|Level 6 |68,782.80 |989.10 |71,386.00 |1,027.10 |
|Maintenance Ironworkers | | | | |
|Level 1 |44,711.80 |638.50 |46,462.50 |664.00 |
|Level 2 |45,624.90 |651.80 |47,416.90 |677.90 |
|Level 2A |48,103.40 |687.90 |49,998.30 |715.50 |
|Level 3 |50,705.50 |725.80 |52,696.60 |754.80 |
Table 5 - Other Rates And Allowances
Special Rates to be effective from 6 December 2001.
| |Column 1 |
|Item |Clause |Brief Description |Amount |
|No |No | | |
| |8 |Special Rates - | |
|1 |8.1 |Electrical Trades Licences - |Per 38-hour week |
| | |Qualified Supervisor’s Certificate (Electrician) |$26.00 |
| | |Allowance | |
| | |Certificate of Registration (Electrician) |$14.00 |
| | |Allowance | |
|2 |8.2 |Scaffolder’s Licence - |Per 38-hour week |
| | |Certificate of Competency as a Scaffolder: | |
| | |Class 1 or 2 |$7.10 |
| | |Class 3 or 4 |$4.00 |
| |9 |General Disability Rates - | |
|3 |9.1.1 |Hot Places - |Per hour |
| | |Electrical and Mechanical Tradespersons and | |
| | |maintenance non-trades employees: | |
| | |Temperature raised artificially to between 46 and |$0.38 |
| | |54 degree Celsius | |
| | |Temperature exceeds 54 degrees Celsius |$0.48 |
|4 |9.1.2 |Wet Work - |Per hour |
| | |All employees |$0.38 |
|5 |9.1.3 |Dirty Work - |Per hour |
| | |Mechanical and electrical tradespersons and |$0.38 |
| | |maintenance non-trades employees | |
|6 |9.1.4 |Restrictive Spaces - |Per hour |
| | |Electrical and Mechanical tradespersons and |$0.48 |
| | |maintenance non-trades employees | |
|7 |9.1.5 |High Places - |Per hour |
| | |Electrical tradespersons |$0.28 |
|8 |9.1.6 |Explosive Powered Tools - |Per hour |
| | |Electrical and Mechanical tradespersons and |$0.13 |
| | |maintenance non-trades employees | |
| | |Minimum payment |$0.97 |
| |9.1.7 |Toxic Substances - |Per hour |
|9 | |Quantities of 0.5 kg or over |$0.49 |
|10 | |Working in close proximity to employees so |$0.42 |
| | |affected | |
| |Column 1 |Column 2 |
| |15 |Shift Work Allowances for Shift Workers - |From first |From first |
| | | |pay period |pay period |
| | | |commencing |commencing |
| | | |on or after |on or after |
| | | |6 December |8 December |
| | | |2001 |2002 |
| |15.1.1 |Shift Workers whilst working rotating shift |$56.80 |$59.10 |
|11 | | |per 38 hour |per 38 hour |
| | | |week |week |
| |15.1.1 |When at least one-third of working time in the |$37.90 |$39.40 |
|12 |(a) |full cycle of the roster is not on day shift |per 38 hour |per 38 hour |
| | | |week |week |
|13 |15.1.2 |Rotating Shift Worker when engaged under a | | |
| | |roster system which does not provide for at least | | |
| | |one-third of working time in the full cycle of the | | |
| | |roster on day shift | | |
| | |(a) day shift, night shift |$56.80 |$59.10 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
| | |(b) day shift, afternoon shift |$48.40 |$50.30 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
| | |(c) day shift, day shift, afternoon shift |$48.40 |$50.30 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
| | |(d) day shift, day shift, night shift |$48.40 |$50.30 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
|14 |15.1.3 |Shift Workers working shift work on shift | | |
| | |systems as follows: | | |
| | |(a) night shift, afternoon shift |$75.70 |$78.70 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
| | |(b) night shift only |$75.70 |$78.70 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
| | |(c) afternoon shift only |$75.70 |$78.70 |
| | | |per 38 hour |per 38 hour |
| | | |week |week |
|15 |15.1.4 |Shift Workers who work any afternoon shift or |$22.80 per shift |$23.70 per shift |
| | |night shift other than under 15.1.1, 15.1.2 and | | |
| | |15.1.3 above and not paid in respect of any day | | |
| | |shift worked | | |
| |Column 1 |
|16 |22.3.4, |Overtime, meal allowance - |$7.60 per meal |
| |22.3.5 | | |
| |(b) and | | |
| |22.3.6 | | |
PART D - APPENDIX - UNRESTRUCTURED CLASSIFICATIONS
A. APPLICATION
The clauses contained in this appendix apply only to those classifications listed in clause E, Rates of Pay - Unrestructured Classifications, of this appendix.
B. LEADING HANDS
Employees appointed by the Company as leading hands will be paid additional amounts as set out below.
| |Column 1 |Column 2 |
|Leading Hands - |From first |From first |
| |pay period commencing |pay period commencing |
| |on or after |on or after |
| |6 December 2001 |8 December 2002 |
| |per 38-hour week |per 38-hour week |
|Production Leading Hands: | | |
|If in charge of not more than five employees |$18.30 |$19.00 |
|If in charge of more than five but not more than |$28.00 |$29.10 |
|fifteen employees | | |
|If in charge of more than fifteen |$39.30 |$40.90 |
|Maintenance Leading Hands: | | |
|If in charge of not less than three and not more |$25.60 |$26.60 |
|than ten employees | | |
|If in charge of more than ten and not more than |$38.60 |$30.10 |
|twenty employees | | |
|If in charge of more than twenty employees |$49.20 |$51.20 |
C. MIXED FUNCTIONS
Unless otherwise specified, the following will apply:
C.1 Employees who are required to do work carrying a higher rate than his or her ordinary classification for 2 hours or more on any day or shift, will be paid at the higher rate for the whole of the day or shift.
C.2 Subject to C.1 of this clause, an employee, who on any day or shift is required to do work of a higher paid classification for at least 1 hour, will be paid the rate prescribed for such work whilst so engaged.
C.3 Employees required to do work carrying a lower rate than his or her ordinary classification will be entitled to payment at the rate of his or her ordinary classification except:
C.3.1 Where, because of a strike by fellow employees in the establishment in which this person is employed, work in his or her ordinary classification is not available and where the period spent on the work carrying the lower rate is at least 1 hour; and
C.3.2 In respect of work on overtime, where the period spent on the work carrying the lower rate is at least 1 hour.
C.3.3 This specifically excludes employees working in restructured departments within a graded ironworker structure.
D. TOOL ALLOWANCE
Tradespersons - A tradesperson will be paid an allowance as set out below per 38-hour week for supplying and maintaining tools ordinarily required in the performance of his or her work as a tradesperson. The allowance will apply for all purposes of the award.
| |Column 1 |
|Tool Allowance - |Per week |
|Mechanical Tradesperson |$10.80 |
|Electrical Tradesperson |$10.80 |
E. RATES OF PAY - UNRESTRUCTURED CLASSIFICATIONS
| |Rate of pay per |Rate of pay per |
| |38-hour week from first |38-hour week from first |
| |pay period commencing |pay period commencing |
| |on or after |on or after |
| |6 December 2001 |8 December 2002 |
| |$ |$ |
|1. Metal Coating Lines Department |
|Continuous Galvanising Lines |
|Operator |579.40 |596.80 |
|Selas Furnace Operator |528.50 |544.40 |
|Pot Operator |528.50 |544.40 |
|Feeder |121.40 |121.40 |
|Helper |472.70 |486.90 |
|Delivery End Line Helper/Tester |484.00 |498.50 |
|Reclassing Operator |556.30 |573.00 |
|Inspector General |508.50 |523.80 |
|Miscellaneous |
|Testing Officer |523.50 |539.20 |
|Crane Driver |488.00 |502.60 |
|Crane Chaser |465.00 |479.00 |
|2. Painting & Finishing Department |
|Inspector - General |508.50 |523.80 |
|3. Maintenance |
|Electrical Trades |
|The following tradesperson classifications apply only to employees who are classified as such as at 18 May |
|1987 - |
|Electrical Tradesperson~ |556.20 |572.60 |
|Electrical Tradesperson Grade 1~ |571.90 |588.80 |
|Electrical Tradesperson Grade 2~ |587.60 |604.90 |
|Electrical Tradesperson Grade 3~ |615.50 |633.70 |
|Electrical Tradesperson Grade 4~ |639.50 |658.40 |
|Senior Electrical Tradesperson~ |615.50 |633.70 |
|Equipment Inspection Tradesperson~ |571.90 |588.80 |
|Instrument Fitter~ |587.60 |604.90 |
|Instrument Tradesperson Grade 1~ |587.60 |604.90 |
|Instrument Tradesperson Grade 2~ |615.50 |633.70 |
|Instrument Tradesperson Grade 3~ |639.50 |658.40 |
|Electronics Tradesperson Grade 2~ |615.50 |633.70 |
|Electronics Tradesperson Grade 3~ |639.50 |658.40 |
|Electrical Linesperson |556.20 |572.60 |
|Mechanical Trades |
|Senior Tradesperson - Boilermaking |608.90 |626.90 |
|Senior Tradesperson - Fitting |600.00 |617.70 |
|Equipment Inspection Tradesperson |557.10 |573.50 |
|Boilermaker |541.40 |557.30 |
|Fitter |541.40 |557.30 |
|Turner |541.40 |565.50 |
|Welder - Special Class |549.30 |565.50 |
|Welder 1st Class |541.40 |557.30 |
|Roll Grinder |541.40 |557.30 |
|Machinist 1st Class |541.40 |557.30 |
|Machinist 2nd Class |469.70 |483.80 |
|Machinist 3rd Class |450.00 |463.50 |
|Marker Off |549.30 |565.50 |
|Boilermaker and/or Structural Steel Tradesperson |549.30 |565.50 |
|Marker Off | | |
|Maintenance Non-Trades |
|Labourer whose work includes painting |450.00 |463.50 |
|Other Labourer |443.60 |456.90 |
|Drainer |481.60 |496.00 |
|Brush Hand |474.10 |488.30 |
|Shear Blade Grinder |469.70 |483.80 |
|Shot Blast Machine Operator |465.00 |479.00 |
|Plant Greaser |455.80 |469.50 |
|Centrifuge Attendant |450.00 |463.50 |
|Oil Cellar Attendant - Springhill Mill |481.60 |496.00 |
|Oil Cellar Attendant - Other |473.40 |487.60 |
|Machine Cleaner |443.60 |456.90 |
|Battery Charger |459.70 |473.50 |
|Vulcaniser |465.00 |479.00 |
|Gear Chaser |484.60 |499.10 |
|Mechanical Sweeper Driver |443.60 |456.90 |
|Garbage Loader |450.00 |463.50 |
|Trackperson |455.80 |469.50 |
|Employee directly assisting engineer Tradesperson, |443.60 |456.90 |
|Blacksmith tradesperson, Boilermaker | | |
|Tradesperson and Steel Construction Tradesperson | | |
|Assistant to Electrical Tradesperson |452.00 |465.60 |
|Water Treatment Officer |555.80 |572.50 |
|Storeperson Chasers Certificate |465.00 |479.00 |
|4. CRM Works |
|No. 1 Coil Paint Line |
|Entry Operator |474.10 |488.30 |
|Leading Coater |524.70 |540.40 |
|Coater |498.00 |512.90 |
|Delivery Operator |488.00 |502.60 |
|Utility |452.00 |465.60 |
|Quality Assistant |524.70 |540.40 |
|Laminator |514.70 |530.10 |
|Despatcher |540.40 |556.60 |
|Crane Driver |488.00 |502.60 |
|Forklift Driver |488.00 |502.60 |
|Coil Packer |461.70 |475.60 |
|Press Shear Operator |465.00 |479.00 |
|Crane Chaser Special Duties |465.00 |479.00 |
|Operator 1 |495.20 |510.10 |
|Decarburising Line |
|Operator |539.00 |555.20 |
|Assistant Operator |515.30 |530.80 |
|Feeder |484.60 |499.10 |
|Pluto Line |
|Operator 1 |490.00 |504.70 |
|Operator 2 |503.00 |518.10 |
|5. Miscellaneous |
|Diesel Driver - PC&T |565.90 |582.90 |
|Inspector General - PC&T |508.50 |523.80 |
|Clerk Grade 1 |574.50 |591.70 |
|Clerk Grade 2 |550.20 |566.70 |
|Clerk Grade 3 |537.60 |553.70 |
|Clerk |523.70 |539.40 |
|Clerk - MD&P |523.70 |539.40 |
|Motor Lorry Driver |541.60 |557.80 |
|Forklift Driver |488.00 |502.60 |
|Raw Coil Co-Ordinator (CPCM) |547.40 |563.80 |
|General Labourer |440.00 |453.20 |
|Change House Attendant |440.00 |453.20 |
|Sweeper Cleaner |440.00 |453.20 |
|Labourer Painting Safety Lines |443.60 |456.90 |
|Labourer - Sheet Inspection |450.00 |463.50 |
3. This variation shall take effect on and from:
(i) 11 July 2002 in respect to clause 1 of this variation;
(ii) first full pay period to commence on or after 6 December 2001 in respect to Column 1 appearing in the clause 2 of the variation; and
(iii) first full pay period to commence on or after 8 December 2002 with respect to Column 2 appearing in the said clause 2.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(135) |SERIAL C1717 |
CLERICAL AND ADMINISTRATIVE EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Queensland Medical Laboratory (Partnership).
(No. IRC 4869 of 2002)
|Before Mr Deputy President Sams |8 and 21 October 2002 |
VARIATION
1. Insert after subclause (ii) of clause 40, Exemptions, of the award published 14 February 1997 (296 I.G. 619), the following new subclause (iii):
(iii) Queensland Medical Laboratory (Partnership) is exempt from making severance payments under clause 39, Redundancy of the award to any employee whose employment is terminated by the applicant on 30 September 2002, who has been offered employment on a continuing basis with Mayne Health Pathology Pty Ltd from 1 October 2002 whether or not the employee accepts the offer of employment with Mayne Health Pathology Pty Ltd.
2. This variation shall take effect from 4 September 2002 and remain in force for a period of six months thereafter.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(429) |SERIAL C1716 |
PRIVATE PATHOLOGY LABORATORIES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Queensland Medical Laboratory (Partnership).
(No. IRC 4868 of 2002)
|Before Mr Deputy President Sams |8 and 21 October 2002 |
VARIATION
1. Insert after subclause (iii) of clause 26, Exemptions, of the award published 13 October 2000 (319 I.G. 377), the following new subclause (iv):
(iv) Queensland Medical Laboratory (Partnership) is exempt from making severance payments under clause 5A, Redundancy of the award to any employee whose employment is terminated by the applicant on 30 September 2002, who has been offered employment on a continuing basis with Mayne Health Pathology Pty Ltd from 1 October 2002 whether or not the employee accepts the offer of employment with Mayne Health Pathology Pty Ltd.
2. This variation shall take effect from 4 September 2002 and remain in force for a period of six months thereafter.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(571) |SERIAL C1744 |
ENTERTAINMENT AND BROADCASTING INDUSTRY - CINEMA (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 5561 of 2002)
|Before The Honourable Mr Justice Peterson |17 October 2002 |
VARIATION
1. Delete subclause 15.1 of clause 15, Classifications and Rates of Pay, of Part 5, Wages and Related Matters, of the award published 6 October 2000 (319 I.G. 20), and insert in lieu thereof the following:
15.1 Wage Rates - the following will be the minimum weekly rates of pay to operate from the beginning of the first pay period on or after 27 October 2002.
| |Base Rate |Penalty Averaging |Minimum Rate |
|Classification |Per Week * |Per Week ** |Per Week |
| |$ |$ |$ |
|Cinema Worker Grade 1 |469.00 |37.52 |506.52 |
|Cinema Worker Grade 2 |510.70 |40.85 |551.55 |
|Cinema Worker Grade 3 |606.65 |48.53 |655.18 |
Note: The above rates based on relativities to the metal trade at 87%, 97% and 120%.
* Base rate included $18 State Wage Case increase.
** Penalty averaging component is calculated at 8%
2. Delete paragraph 15.5.1 of subclause 15.5 of the said clause 15 and insert in lieu thereof the following:
15.5.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent over award payments; and/or
(b) award wage increase since 29 May 1991 other than safety net, State Wage Case, and Minimum rates adjustments.
3. This variation shall take effect from the first pay period to commence on and after 27 October 2002.
R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.
|(1361) |SERIAL C1698 |
ENTERTAINMENT AND BROADCASTING INDUSTRY - LIVE THEATRE AND CONCERT (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, an industrial organisation of employees.
(No. IRC 5552 of 2002)
|Before The Honourable Mr Justice Peterson |17 October 2002 |
VARIATION
1. Delete clause 17, Classifications and Wage Rates, of Part 5, Wages and Related Matters, of the award published 18 January 2002 (330 I.G. 795) and insert in lieu thereof the following:
17. Classifications and Wage Rates
17.1 As from the first pay period on or after variation of this award, the minimum weekly rates of pay to be paid to an employee will be set out hereunder for the relevant classification level:
|Classification level |Previous rate per week |State Wage Case 2002 |Total minimum |
| | |adjustment per week |wage rate per week |
| |($) |($) |($) |
|Theatrical employee level 1 |413.40 |18.00 |431.40 |
|Theatrical employee level 2 |463.50 |18.00 |481.50 |
|Theatrical employee level 3 |484.35 |18.00 |502.35 |
|Theatrical employee level 4 |528.05 |18.00 |546.05 |
|Theatrical employee level 5 |548.90 |18.00 |566.90 |
|Theatrical employee level 6 |588.65 |18.00 |606.65 |
|Theatrical employee level 7 |630.35 |18.00 |648.35 |
17.2 Notwithstanding an employee may be engaged and paid for work performed at a particular level, such engagement does not prevent the employee undertaking duties prescribed for lower classification levels during such engagement.
17.3 The rates of pay in this award include the adjustments payable under the State Wage Cases of 2002. These adjustments may be offset against:
(i) any equivalent over-award payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
17.4 Over-award payment is defined as the amount (whether it be termed over-award payment or by any other term whatsoever) of any payment made to an employee and which was not made in order to comply with this award.
2. This variation shall take effect from the first pay period to commence on or after 17 October 2002.
R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.
|(007) |SERIAL C1704 |
MARINE CHARTER VESSELS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Seamen's Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 5632 of 2002)
|Before The Honourable Mr Justice Peterson |16 October 2002 |
VARIATION
1. Delete subclause (v) of clause 6, Wages, of the award published 12 April 2002 (332 I.G.875), and insert in lieu thereof the following:
(v) The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|Classification |Former Rate |SWC - May 2002 |Total Wage |
| |Per Week |Per Week |Per Week |
| |$ |$ |$ |
|Master (vessels 35m and over) |609.80 |18.00 |627.80 |
|Engineer (vessels 35m and over) |609.80 |18.00 |627.80 |
|Master (vessels 20m and over) |540.10 |18.00 |558.10 |
|Engineer (vessels 20m and over) |540.10 |18.00 |558.10 |
|Master (vessels under 20m but18.25m and over) |527.90 |18.00 |545.90 |
|Engineer (vessels under 20m but 18.25m and over) |527.90 |18.00 |545.90 |
|Master (vessels under18.25m) |524.60 |18.00 |542.60 |
|General - purpose Hand |468.70 |18.00 |486.70 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |5(b) |Meal Allowance |9.05 |
|2 |6(iii)(a) |Certificate of Competency (per day or part thereof) |3.65 |
|3 |14(i) |Uniforms |11.60 per week |
|4 |17 |Compensation for Personal Effects |905.00 |
3. This variation shall take effect from the beginning of the first pay period to commence on or after 3 December 2002.
R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.
|(481) |SERIAL C1575 |
MISCELLANEOUS WORKERS' - INDEPENDENT SCHOOLS AND COLLEGES, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 4848 of 2002)
|Before Commissioner McKenna |28 August 2002 |
VARIATION
1. Delete subclause (v) of clause 13, Wages and Classification Structure, of the award published 4 May 2001 (324 I.G. 579), and insert in lieu thereof the following:
(v) The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) Any equivalent over award payments.
(b) Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rate adjustments.
2. Delete Table 1 - Wage Rates, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Wage Rates
|Classification |Former Rate |SWC 2002 |New Total Rate |
| |Per Week |Per Week |Per Week |
| | |$ |$ |
|Level 1 |451.60 |18.00 |469.60 |
|Level 2 |463.90 |18.00 |481.90 |
|Level 3 |475.70 |18.00 |493.70 |
|Level 4 |496.40 |18.00 |514.40 |
|Level 5 |534.30 |18.00 |552.30 |
|Level 6 |556.70 |18.00 |574.70 |
Table 2 - Other Rates and Allowances
|Item No |Clause No |Brief Description |Amount |
| | | |$ |
|1 |11(v)(a) |Meal Allowance - Overtime | |
| |and (b) |First Meal |7.50 |
| | |Second and subsequent meals |7.50 |
|2 |15(i) |Toilet Cleaning |6.76 per week |
|3 |15(ii) |Leading Hands in Charge of: |Per week: |
| | |1-5 employees |17.14 |
| | |6-10 employees |21.32 |
| | |11-15 employees |28.64 |
| | |16-20 employees |34.62 |
| | |Over 20 employees |34.62 |
| | |Each extra employee over 20 employees |48 cents |
|4 |15(iii) |First-aid Allowance |10.28 per week |
| | | |2.05 per day |
|5 |15(iv)(a) |Uniforms - Laundering Allowances |5.93 per week |
| |and (b) |Uniforms |1.18 per shift |
| | |Aprons |2.64 per week |
| | |Chef's Overalls, Trousers |8.10 per week |
|6 |15(v) |Qualification Allowance |13.95 per week |
| | |Cleaning Supervisor's Course |2.79 per day |
|7 |15(viii) |Refuse Disposal - Cleaners |73 cents per hour |
| | | |Maximum 14.70 |
| | | |per week |
|8 |15(ix) |Multi-purpose machines - Cleaners |1.86 per shift |
|9 |15(x) |Locomotion Allowance - General Services Employees | |
| | |Stream - |19.88 per shift |
| | |Employee providing own vehicle |plus fuel |
| | |Employee providing own bicycle |1.80 per shift |
|10 |16(i) (a) |Broken Shift Allowances - | |
| |16(i)(b), |(a) Three shifts per day |7.19 per day |
| | |(b) Two shifts per day |3.29 per day |
|11 |16(i)(c) |Excess Fares Allowance |6.85 per week |
|12 |33(ii) |Tool Allowance - | |
| | |Apprentice Cooks - where tools not supplied |0.71 per week |
3. This variation shall take effect from the first pay period to commence on or after 7 September 2002.
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(486) |SERIAL C1688 |
MOTOR FERRIES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Seamen's Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 5630 of 2002)
|Before The Honourable Mr Justice Peterson |16 October 2002 |
VARIATION
1. Delete subclause (iii) of clause 4, Wages, of the award published 14 September 2001 (327 I.G. 787), and insert in lieu thereof the following:
(iii) The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1-Wages
|Classification |Former wage rate |SWC 2002 |Total rate |
| |per week | |per week |
| |$ |$ |$ |
|Master/Engineer |550.90 |18.00 |568.90 |
|Deckhand |483.50 |18.00 |501.50 |
|Turnstile Attendant |483.50 |18.00 |501.50 |
|Passage Attendant |483.50 |18.00 |501.50 |
|Under 18 years of age |290.10 |60 % of adult deckhand |300.90 |
| | |total wage | |
Table 2-Other Rates and Allowances
|Item No |Clause No |Brief Description |Amount |
| | | |$ |
|1 |16 |Meal Allowance |8.95 |
|2 |17 |Minimum compensation for personal effects |782.46 |
3. This variation shall take effect from the beginning of the first full pay period to commence on or after 3 December 2002.
R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.
|(500) |SERIAL C1731 |
RECORDED MUSIC AND VISUAL ENTERTAINMENT REPRODUCTION (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Gramophone Records Industry Union of New South Wales, industrial organisation of employees.
(No. IRC 5798 of 2002)
|Before Commissioner McKenna |23 October 2002 |
VARIATION
1. Delete the second paragraph of clause 5, Arbitrated Safety Net Adjustment and Minimum Rates Adjustment, of the award published 5 October 2001 (328 I.G. 418), and insert in lieu thereof the following:
The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991, other than safety net State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
Adult Employees
|Classification |Base Rate |SWC 2002 |Total Rate |
| |$ |$ |$ |
|Entry Level |457.00 |18.00 |475.00 |
|Grade 1 |487.00 |18.00 |505.00 |
|Grade 2 |509.00 |18.00 |527.00 |
|Grade 3 |552.00 |18.00 |570.00 |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Amount |
|No. |No. | |$ |
|1 |9 (iv) |Meal Allowance - working overtime for more than one hour, | |
| | |without being notified previous days |7.00 per meal |
| | | | |
| | |If order for overtime is cancelled |7.00 per meal |
|2 |22 (iii) |First-aid |12.80 per week |
|3 |29 |Leading Hand in charge of - | |
| | |more than three and not more than 10 persons |26.20 per week |
| | |more than 10 and not more than 20 persons |33.85 per week |
| | |more than 20 persons |46.35 per week |
3. This variation shall take effect from the first full pay period to commence on or after 11 November 2002.
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(218) |SERIAL C1740 |
SECURITY INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 6388 of 2002)
|Before The Honourable Justice Marks |9 December 2002 |
VARIATION
1. Delete clause 9, Safety Net Adjustments, of the award published 2 November 2001 (329 I.G. 1), and insert in lieu thereof the following:
9. Safety Net Adjustments
The rates of pay in this award include the adjustments payable under the State Wage Case of 2002. These adjustments may be offset against:
(i) any equivalent overaward payment; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
2. Delete Part B, Monetary Rates, of the award and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates Of Pay Per 38-Hour Week
|Classification |Rate of pay at first pay period on or after 14 December 2002 |
| |$ |
|Grade 1 |510.50 |
|Grade 2 |528.80 |
|Grade 3 |540.10 |
|Grade 4 |551.30 |
|Grade 5 |573.50 |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Rate per week |Rate per shift |
|No |No | |from the first pay period |from the first pay period |
| | | |to commence on or after |to commence on or after |
| | | |14 December 2002 |14 December 2002 |
| | | |$ |$ |
| | | | |Casuals only |
| |12.1 |Leading Hand Allowance - | | |
|1 | | |Up to 5 employees |22.40 |4.48 |
|2 | | |6 to 10 employees |25.41 |5.07 |
|3 | | |11 to 15 employees |33.23 |6.64 |
|4 | | |16 to 20 employees |38.34 |7.66 |
|5 | | |Over 20 employees |38.34 |7.66 |
|6 | | |For each employee | | |
| | | |exceeding 20, extra |0.60 |0.13 |
|7 |12.2 |Relieving Officer |22.38 |- |
| | | | |Casuals only |
|8 |12.3 |First Aid Allowance Industrial |12.63 |2.52 |
|9 |12.4 |Gun Allowance |8.71 |1.72 |
| |12.5 |Locomotion Allowance - | | |
|10 | | |Motor Vehicle/cycle | |22.24 |
|11 | | |Bicycle | |2.34 |
|12 |12.6 |Meal Allowance | |6.73 |
|13 |12.7 |Fares Allowance | |5.88 |
|14 |12.8 |Overnight Meal Allowance | |54.84 |
3. This variation shall take effect from the first full pay period to commence on or after 14 December 2002.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.
|(769) |SERIAL C1562 |
SKI INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.
(No. IRC 3843 of 2002)
|Before Commissioner Cambridge |16 August and 17 September 2002 |
VARIATION
1. Delete clause 4, Safety Net Commitments, of the award published 29 June 2001 (325 I.G. 876), as varied, and insert in lieu thereof the following:
4. Safety Net Commitments
The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent over award payments; and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Appendix A - Rates of Pay, and Appendix B - Other Rates and Allowances, and insert in lieu thereof the following:
Appendix A - Rates of Pay
|Group A |SWC 2001 |SWC 2002 |SWC 2002 |
| |Weekly Rate |Adjustment |Weekly Rate |
| |$ |$ |$ |
|Lift Operator |506.70 |18.00 |524.70 |
|Lift Attendant |438.50 |18.00 |456.50 |
|Parking Attendant |438.50 |18.00 |456.50 |
|Ski Patrol |566.50 |18.00 |584.50 |
|Ticket Seller |470.70 |18.00 |488.70 |
|Courtesy Staff |470.70 |18.00 |488.70 |
|Snow Groomer Operator |604.00 |18.00 |622.00 |
|Snow Maker |601.00 |18.00 |619.00 |
|Driver |506.70 |18.00 |524.70 |
|Resort Worker |465.70 |18.00 |483.70 |
|Trail Crew |506.70 |18.00 |524.70 |
|Ski Outlet Staff |465.70 |18.00 |483.70 |
|Group B |Existing Daily Rate |New Daily Rate |
| | |(incl SWC 2002) |
| |$ |$ |
|Lift Operator |109.7847 |113.6850 |
|Lift Attendant |95.0080 |98.9083 |
|Parking Attendant |95.0080 |98.9083 |
|Ski Patrol |122.7413 |126.6416 |
|Ticket Seller |101.9847 |105.8850 |
|Courtesy Staff |101.9847 |105.8850 |
|Snow Groomer Operator |130.8663 |134.7666 |
|Snow Maker |130.2163 |134.1166 |
|Driver |109.7847 |113.6850 |
|Resort Worker |100.9014 |104.8016 |
|Trail Crew |109.7847 |113.6850 |
|Ski Outlet Staff |100.9014 |104.8016 |
Appendix B - Other Rates and Allowances
|Item |Clause |Brief Description |SWC |SWC |
|No |No | |2001 |2002 |
| | | |Amount |Amount |
| | | |$ |$ |
| |3.1 |Leading Hand Allowance (per hour) | | |
|1 | |In charge of 2 or more and up to and including 5 employees |0.43 |0.45 |
|2 | |In charge of more than 5 and up to and including 10 |0.63 |0.65 |
| | |Employees | | |
|3 | |In charge of more than 10 employees |0.73 |0.76 |
|4 |3.2 |Sewerage Farm Allowance (per day) |6.68 |6.90 |
|5 |3.3(a) |Equipment Allowance (per day) - Lift Operator, Lift |1.66 |1.72 |
| | |Attendant or Courtesy Staff (Group A/B) | | |
|6 |3.3(b) |Ski Patrol or Trail Crew (per day) (Group A/B) |13.43 |13.90 |
|7 |3.3(c) |Snow Groomer Operator, Snow Maker or Resort Worker |1.12 |1.16 |
| | |(Group A) (per day) | | |
|8 |10.5 |Meal Allowance during overtime (per day): | | |
| | |More than one hour |7.84 |8.13 |
| | |After each subsequent four hours |6.40 |6.64 |
Note: These allowances are contemporary for expense related allowances as at 30 March 2002 and for work related allowances are inclusive of adjustment in accordance with the May 2002 State Wage Case Decision of the Industrial Relations Commission of New South Wales.
3. This variation shall take effect from the first full pay period to commence on or after 1 September 2002.
I. W. CAMBRIDGE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(801) |SERIAL C1563 |
SKI INSTRUCTORS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.
(No. IRC 3843 of 2002)
|Before Commissioner Cambridge |16 August and 17 September 2002 |
VARIATION
1. Delete subclause 4.1, of clause 4, Safety Net Commitments, of the award review published 29 June 2001 (325 I.G. 863), as varied, and insert in lieu thereof the following:
4.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent over award payments; and/or
(b) any wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
2. Delete Point 3, Total Points Table, of Appendix A, and insert in lieu thereof the following:
3. Total Points Table
|Points |Category |G'teed |G'teed |SWC 2001 |SWC 2002 |Relocation |
| | |Hours |Weeks |Minimum |Weekly |Reimbursement |
| | |Per |Per |Rate Per Hour |Rate Per Hour | |
| | |Week |Season | | | |
| | | | |$ |$ |$ |
|22 |1 |25 |12 |28.8462 |29.3594 |1,500 |
|18-21 |2 |25 |12 |26.7770 |27.2902 |1,500 |
|15-17 |3 |25 |10 |23.4809 |23.9940 |1,000 |
|10-14 |4 |25 |8 |21.2247 |21.7378 |500 |
|5-9 |5 |25 |5 |18.6139 |19.1270 |- |
|2-4 |6 |25 |3 |16.6639 |17.1770 |- |
|0-1 |7 |- |- |15.3206 |15.8337 |- |
Mt. Selwyn Rates
|Points |Category |G'teed |G'teed |SWC 2001 |SWC 2002 |Relocation |
| | |Hours |Weeks |Minimum |Weekly |Reimbursement |
| | |Per |Per |Rate Per Hour |Rate Per Hour | |
| | |Week |Season | | | |
| | | | |$ |$ |$ |
|22 |1 |25 |8 |28.8462 |29.3594 |1,500 |
|18-21 |2 |25 |8 |26.7770 |27.2902 |1,500 |
|15-17 |3 |20 |6 |23.4809 |23.9940 |660 |
|10-14 |4 |15 |4 |21.2247 |21.7378 |330 |
|5-9 |5 |10 |2 |18.6139 |19.1270 |- |
|2-4 |6 |10 |2 |16.6639 |17.1770 |- |
|0-1 |7 |- |- |15.3206 |15.8337 |- |
Notation: - The formula to be applied by the parties to this award for the purposes of any State Wage Case adjustments to wage rates shall be as follows:
1. Take the existing hourly rate less the annual leave component, that is one-twelfth of the existing hourly rate.
2. Multiply the amount in point 1. by 25 (being the Guaranteed hours per week).
3. Identify the relevant State Wage Case adjustment applicable to the amount at point 2.
4. Take the amount at point 1., multiply by 38 and add the adjustment identified at point 3.
5. Divide the amount at point 4. by 38 (to calculate the new hourly rate excluding annual leave).
6. Add one-twelfth of the amount in point 5. to the amount in point 5. (being the annual leave component).
3. This variation shall take effect from the first full pay period to commence on or after 1 September 2002.
I. W. CAMBRIDGE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1312) |SERIAL C1565 |
SYDNEY LIGHT RAIL (STATE) AWARD 1997
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Rail, Tram and Bus Industry Union, New South Wales, industrial organisation of employees.
(No. IRC 4647 of 2002)
|Before The Honourable Justice Marks |21 August 2002 |
VARIATION
1. Delete clause 45, Safety Net Provisions, of the award published 13 March 1998 (303 I.G. 946), as varied, and insert in lieu thereof the following:
45. Safety Net Provisions
The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
(i) The following minimum rates of wages for adult employees shall take effect from the first pay period to commence on or after 20 September 2002:
|Grade |Former Weekly |SWC |Total Weekly |
| |Rate |2002 |Rate |
| |$ |$ |$ |
|Transit Liaison Officer Probation |480.00 |18.00 |498.00 |
|Transit Liaison Officer |517.00 |18.00 |535.00 |
|Customer Service Officer Level 1 |522.00 |18.00 |540.00 |
|Customer Service Officer Level 2 |555.00 |18.00 |573.00 |
|SLR Operator Grade 1 |587.00 |18.00 |605.00 |
|SLR Operator Grade 2 |609.00 |18.00 |627.00 |
|SLR Operator Grade 3 |622.00 |18.00 |640.00 |
|Operator Maintainer |654.00 |18.00 |672.00 |
|Controller Grade 1 |678.00 |18.00 |696.00 |
|Controller Grade 2 |704.00 |18.00 |722.00 |
|Maintenance Technician Level 1 |714.00 |18.00 |732.00 |
|Maintenance Technician Level 2 |739.00 |18.00 |757.00 |
|Maintenance Technician Level 3 |767.00 |18.00 |785.00 |
|Maintenance Technician Special |802.00 |18.00 |820.00 |
|Cleaner |510.00 |18.00 |528.00 |
|Office Administrator | | | |
|Grade 1 | | | |
|1st year |542.00 |18.00 |560.00 |
|2nd year |637.00 |18.00 |655.00 |
|3rd year |689.00 |18.00 |707.00 |
|Grade |Total Annual |Former Weekly |SWC |Total Weekly |
| |Wage |Rate |2002 |Rate |
| |$ |$ |$ |$ |
|Dual Controller |45,520.00 |902.00 |18.00 |920.00 |
|Controller |42,520.00 |845.00 |18.00 |863.00 |
|Trainee Controller |39,520.00 |788.00 |18.00 |806.00 |
(ii) Juniors - The minimum rates of wages per week for junior employees shall be as follows:
(a) Receptionists, stenographers, accounting machine operators, processing machine operators, typists, computer operators.
|Age |Former Weekly Rate |SWC 2002 |Total Weekly Rate |
| |$ |% |$ |
|At 17 years of age |233.60 |3.5 |241.76 |
|At 18 years of age |292.00 |3.5 |302.22 |
|At 19 years of age |349.40 |3.5 |361.62 |
|AT 20 years of age |388.60 |3.5 |402.20 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |8 |Special Weekly Allowance |23.23 |
|2 |18 |Meal Allowance (Overtime) |8.95 |
|3 |28 |First - aid Allowance |7.96 |
3. This variation shall take effect on the first pay period on or after 21 August 2002 and with respect to clause 2 of this variation the effective date shall be from the first pay period to commence on or after 20 September 2002.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.
|(017) |SERIAL C1781 |
ASPHALT AND BITUMEN INDUSTRY (STATE) AWARD
Erratum to Serial C1488 published 31 January 2003
(338 I.G. 130)
(No. IRC 3840 of 2002)
ERRATUM
1. For the year "2001" appearing in clause 9A, State Wage Case Adjustments, of clause 1 of the variation, substitute the year "2002."
G. M. GRIMSON, Acting Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
|(569) |SERIAL C1782 |
QUARRYING INDUSTRY (STATE) AWARD
Erratum to Serial C1492 published 31 January 2003
(338 I.G. 137)
(No. IRC 3840 of 2002)
ERRATUM
1. For the year "2001" appearing in clause 3.8, Safety Net Adjustments, of clause 1 of the variation, substitute the year "2002."
G. M. GRIMSON, Acting Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
|SERIAL C1790 |
ENTERPRISE AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
|EA03/8 - FJ Walker Foods (Maintenance Workers) Blacktown Agreement 2002 |
|Made Between: F.J. Walker Foods -&- the Electrical Trades Union of Australia, New South Wales Branch. |
| |
|New/Variation: Replaces EA 96/84 |
| |
|Approval and Commencement Date: Approved 29 November 2002 / Commenced 1 July 2002 |
| |
|Description of Employees: Applies to all employees of FJ Walker Foods, Blacktown, NSW, who fall within the coverage of the |
|Electricians, &c. (State) Award, and Metal, Engineering and Associated Industries (State) Award. |
| |
|Nominal Term: 31 December 2003. |
|EA03/9 - APC Socotherm EBA 2001 |
|Made Between: APC Socotherm -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: Replaces EA00/66 |
| |
|Approval and Commencement Date: Approved and commenced 25 November 2002. |
| |
|Description of Employees: Applies to all employees at APC Socotherm's site, Lot 562 Reddalls Road, Kembla Grange, who fall within|
|the coverage of the Metal, Engineering and Associated Industries (State) Award. |
| |
|Nominal Term: 18 August 2003. |
|EA03/10 - Dennat Projects Pty Ltd trading as Galdar Waterproofing Enterprise Agreement 2002 |
|Made Between: Dennat Projects Pty Ltd t/as Galdar Waterproofing -&- Timothy Scott Boyd, David Gay, Robert Moon. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 22 November 2002. |
| |
|Description of Employees: Applies to all employees of Dennat Projects Pty Ltd trading as Galdar Waterproofing engaged in |
|construction work, who fall within the coverage of the Building and Construction Industry (State) Award, and the National Building|
|and Construction Industry Award 2000. |
| |
|Nominal Term: 17 May 2003. |
|EA03/11 - Port Kembla Port Corporation Enterprise Agreement 2002/2005 |
|Made Between: Port Kembla Port Corporation -&- the Australian Maritime Officers' Union of New South Wales, The Association of |
|Professional Engineers, Scientists and Managers, Australia (NSW Branch), The Seamens' Union of Australia, New South Wales Branch. |
| |
|New/Variation: Replaces EA02/304 |
| |
|Approval and Commencement Date: Approved and commenced 2 December 2002. |
| |
|Description of Employees: Applies to all employees of Port Kembla Corporation, with the exception of Managing Director, The |
|General Managers and Marine Pilots, who fall within the coverage of the New South Wales Port Corporations Award 1999. |
| |
|Nominal Term: 30 June 2005. |
|EA03/12 - Baiada Poultry (Tamworth) Enterprise Agreement 2002-2004 |
|Made Between: Baiada Poultry Pty Ltd -&- The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 19 December 2002 / Commenced 6 November 2002 |
| |
|Description of Employees: Applies to all employees of Baiada Poultry (Tamworth) Pty Limited who are engaged at the poultry |
|processing plant, 1 Out Street, Tamworth, NSW, who fall within the coverage of the Poultry Industry Preparation (State) Award. |
| |
|Nominal Term: 6 November 2004 |
|EA03/13 - Refractech Enterprise Agreement 2002 |
|Made Between: Refractech Pty Limited -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: Replaces EA 01/66 |
| |
|Approval and Commencement Date: Approved and commenced 27 November 2002. |
| |
|Description of Employees: Applies to all employees of Refractech Pty Ltd, located at 6 Doyle Avenue, Unanderra , NSW, 2526, who |
|fall within the coverage of the Refractory Industry (State) Award. |
| |
|Nominal Term: 27 November 2004 |
|EA03/14 - Toll Transport/Heads of Agreement 2002 |
|Made Between: Tolls Transport Pty Limited -&- the Transport Workers' Union of New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 15 January 2003 /Commenced 1 January 2003 |
| |
|Description of Employees: Applies to all employees of Toll Transport Pty Ltd, who fall within the coverage of the Transport |
|Industry (State) Award, and the Transport Industry - Petroleum, &c., Distribution (State) Award. |
| |
|Nominal Term: 31 December 2004 |
|EA03/15 - BHP Steel Port Kembla Operations Enterprise - Refractory Installation Bricklayers - Agreement 2002 |
|Made Between: BHP (AIS) Pty Limited -&- the Construction, Forestry, Mining and Energy Union (New South Wales Branch) . |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 13 December 2002 / Commenced 6 December 2001 |
| |
|Description of Employees: Applies to all employees of BHP Steel (AIS) Pty Limited, engaged in the Refractory Installation |
|Bricklayer classifications, who fall within the coverage of the BHP Steel (AIS) Pty Ltd - Port Kembla Steel Works Employees Award |
|2000. |
| |
|Nominal Term: 5 December 2003 |
|EA03/16 - IMB Ltd Administrative Staff Enterprise Agreement 2002 |
|Made Between: IMB Limited -&- Susan Blackshaw, Robyn Mahoney, Joan Matthews. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 5 February 2003. |
| |
|Description of Employees: Applies to all administrative staff as defined in the Agreement, engaged by IMB Limited, and who fall |
|within the coverage of the Clerical and Administrative Employees In Permanent Building Societies (State) Award. |
| |
|Nominal Term: 5 February 2005 |
|EA03/17 - Port Kembla Copper Enterprise Agreement 2002 |
|Made Between: Port Kembla Copper Pty Ltd -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: Replaces EA 00/50 |
| |
|Approval and Commencement Date: Approved 24 December 2002 / Commenced 1 April 2002 |
| |
|Description of Employees: Applies to all employees of Port Kembla Copper Pty Ltd, employed in classifications set out in Appendix|
|1 - PKC Work Classification System. |
| |
|Nominal Term: 31 March 2004 |
|EA03/18 - Woolahra Municipal Council Trades Agreement |
|Made Between: Woollahra Municipal Council -&- the Federated Municipal and Shire Council Employees' Union of Australia, New South |
|Wales Division. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 10 February 2003 / Commenced 28 October 2002 |
| |
|Description of Employees: Applies to all employees of Woollahra Municipal Council, engaged in its Trade Group, who fall within |
|the coverage of the Local Government (State) Award 2001. |
| |
|Nominal Term: 28 April 2004. |
|EA03/19 - Epic Wright Heaton Pty Ltd Warehouse Employees Enterprise Agreement 2002 |
|Made Between: Epic Wright Heaton Pty Ltd -&- the National Union of Workers, New South Wales Branch. |
| |
|New/Variation: Replaces EA 01/56 |
| |
|Approval and Commencement Date: Approved 7 February 2003 / Commenced 6 February 2003 |
| |
|Description of Employees: Applies to all employees at Epic Wright Heaton Pty Ltd, at the Company's Sydney premises, 119 Vanessa |
|Street, Kingsgrove NSW 2208, and Newcastle site, 11 - 13 Callistemon Close, Warrabrook (Newcastle), who fall within the coverage |
|of the Storemen and Packers General (State) Award . |
| |
|Nominal Term: 31 May 2004. |
|EA03/20 - Epic Wright Heaton Pty. Ltd (Newcastle Branch) Transport Drivers' Enterprise Agreement 2002 |
|Made Between: Epic Wright Heaton Pty Ltd -&- the Transport Workers' Union of New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 7 February 2003 / Commenced 6 February 2003 |
| |
|Description of Employees: Applies to all employees of Epic Wright Heaton Pty Ltd, at the Newcastle site, 11 - 13 Callistemon |
|Close, Warrabrook NSW 2304, who fall within the coverage of the Transport Industry - Mixed Enterprises Interim (State) Award. |
| |
|Nominal Term: 31 May 2004. |
|EA03/21 - Epic Wright Heaton Pty Ltd Transport Drivers' Enterprise Agreement 2002 |
|Made Between: Epic Wright Heaton Pty Ltd -&- the Transport Workers' Union of New South Wales. |
| |
|New/Variation: Replaces EA 01/45 |
| |
|Approval and Commencement Date: Approved 7 February 2003 / Commenced 6 February 2003 |
| |
|Description of Employees: Applies to all employees of Epic Wright Heaton Pty Ltd engaged at the Company's Sydney premises, 119 |
|Vanessa Street, Kingsgrove NSW 2208, who fall within the coverage of the Transport Industry Mixed Enterprises Interim (State) |
|Award. |
| |
|Nominal Term: 31 May 2004. |
____________________
Printed by the authority of the Industrial Registrar.
|SERIAL C1789 |
CONTRACT AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.331(2) of the Industrial Relations Act 1996)
|CA03/1 - Mayne Logistics - Courier, Contract Carrier Industrial Agreement |
|Made Between: Mayne Group Limited t/as Mayne Logistics -&- the Transport Workers' Union of New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 3 January 2003. |
| |
|Description of Employees: Applies to all employees of Mayne Group Ltd t/as Mayne Logistics, who fall within the coverage of the |
|Transport Industry - Courier and Taxi Truck Contract Determination. |
| |
|Nominal Term: 3 January 2004 |
____________________
Printed by the authority of the Industrial Registrar.
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