BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 341, Part 1 22 August 2003 Pages 1 – 147
[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. 341, Part 1 22 August 2003
Pages 1 - 147
Page
Awards and Determinations
Awards Made or Varied
|Motor Bus Drivers and Conductors (State) |(VIRC) |138 |
|Readymix Holdings Pty Limited Newcastle Concrete (State) Award 2002 |(AIRC) |131 |
|Sydney Catchment Authority Consolidated Award 2002 |(AIRC) |1 |
|Teachers (Independent Schools) (State) |(OIRC) |146 |
|Teachers Non-Government (English Colleges) (State) Award 2003 |(AIRC) |79 |
|Tip Top Bakeries (Fairfield) NUW Award 2002 |(AIRC) |60 |
|Transport Industry - Quarried Materials, &c., Carriers Contract Determination | | |
| |(VIRC) |142 |
|University Unions (State) |(AIRC) |100 |
| |(VIRC) |139 |
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the Industrial Registrar
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
PRESIDENT
The Honourable Justice F. L. WRIGHT†
VICE-PRESIDENT
The Honourable Justice M. J. WALTON†
MEMBERS
The Honourable Justice L. C. GLYNN†
The Honourable Mr Justice R. J. PETERSON†
The Honourable Justice F. MARKS†
The Honourable Justice M. SCHMIDT†
The Honourable Mr Deputy President R. W. HARRISON
The Honourable Justice T. M. KAVANAGH†
Mr Deputy President P. J. SAMS
The Honourable Justice R. P. BOLAND†
Mr Deputy President J. P. GRAYSON
The Honourable Justice W. R. HAYLEN†
The Honourable Justice P. J. STAUNTON†
Commissioner Mr R. J. PATTERSON
Commissioner Mr P. J. CONNOR
Commissioner Mr B. W. O'NEILL
Commissioner Mr J. N. REDMAN
Commissioner Ms I. TABBAA
Commissioner Ms D. S. McKENNA
Commissioner Mr J. P. MURPHY
Commissioner Mr I. R. NEAL
Commissioner Mr I. W. CAMBRIDGE
Commissioner Ms E. A. R. BISHOP
Commissioner Ms J. McLEAY
Commissioner Mr A. W. MACDONALD
Commissioner Mr D. W. RITCHIE
†These Presidential members are also Judicial members of the Industrial Relations Commission of New South Wales in Court Session, established as a superior court of record pursuant to section 152 of the Industrial Relations Act 1996.
_______________________________________
INDUSTRIAL REGISTRAR
Mr M. GRIMSON
DEPUTY INDUSTRIAL REGISTRAR
Mr A. G. MUSGRAVE
|(1689) |SERIAL C1954 |
SYDNEY CATCHMENT AUTHORITY CONSOLIDATED AWARD 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Sydney Catchment Authority.
(No. IRC 6118 of 2002)
|Before Mr Deputy President Grayson |3 December 2002 |
AWARD
CONTENTS
PART I
APPLICATION AND OPERATION OF AWARD
Clause No. Subject Matter
1. Statement Of Intent
2. Title, Application And Duration
2.1 Title
2.2 Application
2.3 Commencement And Duration
3. Definitions
4. Anti-Discrimination
PART II
EMPLOYMENT RELATIONSHIP
5. Employment Of Staff
5.1 General
5.2 Casual Employment
5.3 Term (Or Temporary) Employees
5.4 Part-Time Employees
5.5 Medical Examinations
5.6 Advice Of Absences
5.7 Termination Of Employment
5.8 Misconduct
5.9 Abandonment Of Employment
5.10 Employer’s Right To Deduct Pay And Time Lost
5.11 Payment Of Money Owing To The Employee In Case Of Death
5.12 Overtime
PART III
PAY AND RELATED MATTERS
6. Job Evaluation
7. Pay
7.1 Rates Of Pay
7.2 Appointments
7.3 Payment Of Monies Due
7.4 Special Movements
8. Salary Sacrifice To Superannuation
9. No Assignment Of Pay
10. Performance Agreements
10.1 General
10.2 The Performance Management System
10.3 Regression
11. Temporary Arrangements
PART IV
HOURS OF WORK AND RELATED MATTERS
12. Hours Of Work
12.1 General
12.2 Ordinary Working Hours
12.3 Work Arrangements For Employees Working A 35 Hour Week
12.4 Variation Of Hours
13. Meal Breaks
13.1 Monday - Friday
13.2 Meal Breaks During Overtime Monday To Friday
13.3 Saturdays, Sundays Or Public Holidays
13.4 Variation To Meal Breaks
14. Rest Breaks
15. Overtime
15.1 Eligibility
15.2 Rate Of Payment
15.3 Special Rates
16. Call-Out
17. Stand-By
17.1 General
17.2 Stand-By Payments
17.3 Overtime
PART V
TYPES OF LEAVE AND PUBLIC HOLIDAYS
18. Public Holidays
19. Recreation Leave
19.1 Entitlement
19.2 Taking Of Leave
19.3 Payment For Leave
20. Recreation Leave Loading
20.1 General
20.2 Amount
21. Long Service Leave
21.1 Definitions
21.2 Entitlement
21.3 Taking Of Leave
21.4 Accrual Of Leave
21.5 Pro-Rata Entitlement
21.6 Payment For Leave
22. Sick Leave
22.1 General
22.2 Amount Of Leave
22.3 First Year Of Service
22.4 Part-Time Employees
22.5 Term Employees
22.6 Casual Employees
22.7 Taking Of Sick Leave
22.8 Notice Of Illness
22.9 Provision Of Medical Certificate
22.10 Supplement To Workers Compensation Payments
22.11 Payment For Sick Leave
22.12 Illness Whilst On Recreation Or Long Service Leave
22.13 Workers Compensation
23. Personal/Carer’s Leave
23.1 Use Of Sick Leave
23.2 Unpaid Leave For Family Purpose
23.3 Annual Leave
23.4 Time Off In Lieu Of Overtime
23.5 Make Up Time
23.6 Rostered Days Off
24. Bereavement Leave
25. Maternity Leave
25.1 General
25.2 Paid Maternity Leave
25.3 Premature Birth
25.4 Miscarriage, Still Birth Or Death Of New Born
25.5 Right Of Return To Former Position
25.6 Sick Leave
25.7 Temporary Transfer To A "Safe" Job
25.8 Variable Working Hours
25.9 Variation Of Maternity Leave
25.10 Effect Of Maternity Leave On All Types Of Leave
26. Adoption Leave
26.1 General
26.2 Paid Adoption Leave
26.3 Right Of Return To Former Position
26.4 Variation Of Adoption Leave
26.5 Effect Of Adoption Leave On Other Leave Entitlements
27. Paternity Leave
27.1 General
27.2 Premature Birth
27.3 Still Birth
27.4 Right Of Return To Former Provision
27.5 Effect Of Paternity Leave On Other Leave Entitlements
28. Trade Union Training Leave
28.1 General
28.2 Entitlement
28.3 Taking Of Leave
28.4 Payment For Leave
29. Special Leaves
29.1 Special Short Leave
29.2 Emergency Services Leave
29.3 National Aborigines And Torres Strait Islander Day
29.4 Naturalisation Ceremonies
29.5 Employees Holding Office In Local Government
29.6 English Language Tuition Leave
29.7 Blood Donor’s Leave
29.8 Payment For Special Leaves
30. Military Leave
30.1 Entitlement
30.2 Medical Examinations
30.3 General
31. Jury Service Leave
31.1 Entitlement
31.2 Payment For Leave
31.3 Acceptance Of Fees For Jury Service
PART VI
ALLOWANCES
32. Fares
32.1 Definitions
32.2 Entitlement
32.3 Sent Temporarily To Work Away
33. Travelling Time
33.1 Definitions
33.2 Entitlement
34. Overtime Meal Allowances
35. Fire Fighting Allowance
36. Removal Expenses
37. Travel Allowance
37.1 Entitlements
37.2 Transport
37.3 General
38. Camping
39. Out Of Pocket Expenses
40. Tools And Equipment To Be Supplied By The Employer
41. Protective Clothing And Uniforms
42. Amenities
43. Renewal Of Drivers’ Licences
44. Health And Safety Of Employees
45. Delegates Rights
46. Employees On Union And/Or Consultative Committee Business
PART VII
SENIOR MANAGERS
47. Senior Managers
47.1 Application
47.2 Terms And Conditions
47.3 Alternate Dispute Resolution
47.4 Termination
PART VIII
CONSULTATION AND DISPUTE RESOLUTION
48. Consultative Procedures
48.1 Principles
48.2 Processes
49. Dispute Resolution Procedures
49.1 Objectives
49.2 Processes
PART IX
MISCELLANEOUS
50. Savings
Schedule 1 - Rates Of Pay And Special Progression Pay Points
Schedule 2 - Rates Of Pay, Special Provisions (Former A.W.T. Employees)
part i
APPLICATION AND OPERATION OF AWARD
1. Statement of Intent
Parties to this Award have the mutual intent to create work place and employment conditions that are consistent with the objectives of the Employer, Unions representing employees, the Employer's customers and other stakeholders.
The parties are committed to continuous improvement in the workplace. This award provides the framework for ongoing organisational reform in order to achieve the objectives of the Sydney Catchment Authority.
In achieving these objectives the Employer acknowledges the role of unions to represent their members and their industrial interests in conferring on the change process, together with the valuable contributions the unions and employees make to improve efficiency and business performance.
The Award recognises that the size, skills and scope of the workforce, will be determined by the SCA’s needs in consultation with the parties to the Award.
The Award operates in conjunction with the relevant legislation, as amended from time to time, including:
(a) Sydney Water Catchment Management Act 1998.
(b) Work Place Injury And Illness Management Act 1998.
(c) Occupational Health and Safety Act 2000.
(d) Anti-Discrimination Act 1977.
(e) New South Wales Industrial Relations Act 1996, and
(f) Any other relevant legislation that may apply to the SCA.
2. Title, Application and Duration
2.1 Title
This Award shall be known as the Sydney Catchment Authority Consolidated Award 2002
2.2 Application
This Award consolidates terms and conditions of employment for employees of the SCA and rescinds any and all of the awards applicable to the SCA made under the Industrial Relations Act 1996, as amended from time to time. This Award also discharges the application of clause 5 of Schedule 3 to the Sydney Water Catchment Management Act 1998 relating to industrial instruments governing the terms and conditions of employment for staff transferred to the SCA.
This Award is binding on
(a) The SCA;
(b) The Australian Services Union of New South Wales; and
(c) The Association of Professional Engineers, Scientists and Managers Australia, NSW Branch.
2.3 Commencement And Duration
It shall take effect on and from the first full pay commencing on or after 3 December 2002 and shall remain in force thereafter for a period of 12 months.
3. Definitions
"Authorised employee" means a person authorised for the purpose by the Chief Executive.
"Chief Executive" means the person occupying the position of Chief Executive established pursuant to Part 2 clause 9 of the Act.
"Employer" means the Sydney Catchment Authority and includes reference to a delegate of the Chief Executive or a person authorised for the purpose by the Chief Executive.
"Equivalent" means when referring to either qualifications and/or work experience those qualifications and/or work experience deemed by the Employer to be equivalent.
"SCA" means the Sydney Catchment Authority constituted under the Act.
"Staff" means employee.
"The Act" means the Sydney Water Catchment Management Act 1998, as amended from time to time.
"Union" means the Australian Services Union of N.S.W. and The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch).
4. Anti-Discrimination
(a) 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.
(b) It follows that in fulfilling their obligations under the dispute resolution procedure described in this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions in 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 provisions of this Award, which, by its terms or operation, has direct or indirect discriminatory effect.
(c) 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.
(d) Nothing in this clause is to be taken to affect:
(i) Any conduct or act which is specifically exempted from anti-discrimination legislation;
(ii) Offering or providing junior rates of pay to persons under 21 years of age;
(iii) Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(iv) A party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(e) 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 -
(f) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(g) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act effects ... 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."
part ii
EMPLOYMENT RELATIONSHIP
5. Employment of Staff
5.1 General
(a) Employment of employees (other than casual employees) will be on a fortnightly basis.
(b) The basis of employment will be:
(i) full-time, or
(ii) part-time, or
(iii) casual.
(c) All employees covered by this Award will be appointed to the Employer and work where nominated from time to time by the Employer subject to the principles contained in clause 1 - Statement of intent, of this Award.
(d) All employees will be required to perform the full range of related work activities equivalent to their appointed position and field of employment. Employees may also be required to perform the duties of a lesser nature. While employees may be required to perform 'lower duties', this principle is not to be used as a means of deskilling any individual or group.
5.2 Casual Employment
(a) Casual employees are employed to perform irregular, seasonal and on-call work. They have no entitlement to Award provision other than those contained in this clause.
(b) Casual employees are engaged on an hourly basis and paid as such.
(c) The hourly rate paid to a casual employee will be the hourly rate paid for a similar full-time job.
(d) Casual employees will be paid a loading of 20% of their hourly rate. Payment of this loading will be in lieu of all other entitlements specified in this Award.
(e) Payment will be made for hours worked.
(f) Casual employees will be paid fortnightly for hours worked.
(g) Where the period of engagement on any one day exceeds five (5) hours, an unpaid meal break of at least half an hour must be taken.
(h) Casual employees will be entitled to payment for overtime in accordance with the provisions of this Award only when the contracted hours per day are exceeded.
(i) Casual employees are entitled to the long service leave as provided for in the New South Wales Long Service Leave Act 1955.
5.3 Term (or temporary) Employees
Term Employees are employed for a limited and specified amount of time. Term employees are engaged to work for a defined period where there will be no on-going need for either the person or the position. Term employees may be either full-time or part-time and this Award governs their conditions of employment.
5.4 Part-Time Employees
(a) A part-time employee is an employee who is employed to work hours which are less than the average weekly hours worked by full-time employees.
(b) The daily hours to be worked and the days of the week to be worked by part-time employees must be agreed in writing between the employee and their manager. The ordinary daily hours will be worked Monday to Friday but are not restricted by the ordinary working hours provisions at sub-clause 12.2 (a).
Except that no agreement shall permit a minimum start of less than three (3) continuous hours except in cases where it is agreed that there be a start of two (2) continuous hours on 2 or more days per week provided that:
(i) the part time work agreement was made before 26 March 1998 or
(ii) a two (2) hour start is sought by the employee to accommodate the employees personal circumstances which must be specified in the agreement or
(iii) the place of work is within a distance of 5km from the employees place of residence.
(c) Part-time employees will only be entitled to overtime if the hours worked exceed the ordinary weekly full-time hours for the position or where work is performed on a Saturday/Sunday or Public Holiday irrespective of the weekly hours worked. Payment will be at the rate prescribed in the overtime clause.
(d) Part-time employees whose scheduled hours are five (5) or less per day are not entitled to meal breaks.
(e) Part-time employees will be paid fortnightly for hours worked.
(f) The hourly rate paid to a part-time employee will be the hourly rate for a similar full-time job.
(g) Part-time employees will be subject to clause 10 - Performance agreements, of this Award.
(h) Part-time employees will be eligible, on a proportional basis for all leaves prescribed in this Award.
(i) Leave will be calculated on the basis of the proportion of hours scheduled per week to the full-time hours of work per week, i.e.
|part-time hours |x |full-time annual entitlement |= |P/T annual leave |
|full-time hours of leave in hours | |entitlement (in hours) |
(j) Any leave approved to cover the absence of a part-time employee will be debited on an hourly basis or part thereof to reflect the actual time taken off work.
(k) Where an employee has worked both full and part-time, the leave entitlement will be paid on the proportion of part-time and full-time service during the relevant period.
(l) Public holidays will only be paid if the employee was scheduled to work on the public holiday and in accordance with clause 18 - Public holidays.
(m) Part-time employees will have access to performance payments on a proportional basis.
5.5 Medical Examinations
A person will not be eligible for appointment unless that person has, as required by the Employer, passed an examination of medical fitness by a qualified medical practitioner nominated by the Employer.
5.6 Advice Of Absences
Employees who are absent on any day for reasons other than a pre-arranged absence must advise their manager as soon as practicable on that day, and where possible before normal starting time, of the estimated duration of the absence and the type of leave that will be taken.
5.7 Termination Of Employment
(a) Employment may be terminated by either party (employee or the Employer) by giving two weeks written notice.
(b) The Employer may give two (2) weeks pay in lieu of notice.
(c) If the employee fails to give two weeks notice, two weeks pay will be forfeited.
(d) Employees who have given or been given notice, and absent themselves from duty without acceptable proof (the onus of proof lies with the employee) will be deemed to have abandoned employment and will not be entitled to be paid for any work performed during the period of notice.
5.8 Misconduct
(a) Summary dismissal: - Where it has been established to the satisfaction of the Employer that an employee has been guilty of misconduct, the Employer may summarily dismiss without notice.
(b) Suspension: - Nothing will prohibit the Employer suspending from duty an employee for alleged misconduct, nor to defer payment for any day or part of a day during such period of suspension, where the Employer deems it necessary to further investigate the alleged misconduct. The Employer will investigate and determine matters in relation to any suspension. During an investigation by the Employer, the rules of natural justice will apply.
(c) Misconduct Proven: - Where the Employer determines that an employee is guilty of misconduct the employee may be:
dismissed; or
regressed to a lower pay point; or
subjected to other action as deemed appropriate.
In the above instances, payment for any period of suspension may be forfeited.
(d) Misconduct not proven: - Where the Employer finds that an employee suspended without pay for alleged misconduct is not guilty of the alleged misconduct, the employee will receive payment for the period of suspension.
5.9 Abandonment of Employment
(a) Employees who are absent from work for a continuous period exceeding 5 working days without notification to the Employer will be regarded as having abandoned their employment.
(b) After the five days referred to in (a) above, the Employer will notify such employees in writing, forwarded to the address last known to the Employer, that their employment will be terminated from the first date of absence unless acceptable explanation for such absence is supplied. A period of not less than five (5) working days will be allowed for the employee to contact the Employer.
(c) If the employee fails to respond, termination of employment will be automatic from the first day of absence.
5.10 Employer’s Right To Deduct Pay And Time Lost
(a) Through No Fault of the Employer
(i) Where employees are absent from duty for reasons not entitling payment under this Award, the Employer may deduct from the pay of the employee, payment for all time lost to the Employer.
(ii) The Employer may deduct from the pay of an employee, all amounts paid in advance for any type of leave where the leave is subsequently not approved or the employee fails to attend a course for which leave was granted.
(b) Through Fault of the Employer
(i) No deduction will be made for time lost through the fault of the Employer.
(c) Stand Down Orders
(i) The Employer may apply to the NSW Industrial Relations Commission for stand down orders in accordance with the Industrial Relations Act 1996.
(d) Inclement Weather
(i) No deduction will be made in the event of wet or inclement weather if employees continue to perform activities as directed.
5.11 Payment Of Money Owing To The Employee In Case Of Death
Payment of Unpaid Monies
(a) Any outstanding pay will be paid into the deceased’s nominated bank, building society or credit union account as per normal pay.
(b) All unpaid monies other than pay will be paid as follows:
(i) Where the unpaid monies owed by the Employer are in excess of $15,000, such monies will be paid to the Executor or Administrator of the deceased’s estate. This will only be done on the production of Grant of Probate or Letters of Administration.
(ii) Where the unpaid monies owed by the Employer do not exceed $15,000, the Employer may agree to make payment through the Executor or Administrator of the deceased’s estate without Grant of Probate or Letters of Administration.
(iii) Where the unpaid monies owed by the Employer do not exceed $15,000, the Employer may agree to make payment to other than the Executor or Administrator of the deceased’s estate. In such cases, the Employer may require the person to whom the payment is made to demonstrate a legal entitlement to the money and to provide a written indemnity to the Employer stating that they will indemnify the Employer in relation to any claims made against the Employer in relation to the money paid.
Advance Payments
Up to $5,000 may be advanced prior to the production of all documentation referred to above, provided the Employer is reasonably assured that the payment is being made to the legal spouse or de facto partner or other person who can demonstrate a legal entitlement to money owing to the deceased.
5.12 Overtime
For the purpose of meeting the needs of the SCA, the Employer may require any employee to work reasonable overtime including work on Saturdays, Sundays and Holidays.
part iii
PAY AND RELATED MATTERS
6. Job Evaluation
The rate of pay for all positions, except positions covered by 7.4, Special Movements, will be determined by job evaluation.
7. Pay
7.1 Rates Of Pay
(a) There will be one pay scale for all employees.
(b) The rate of pay for a job (other than those covered by sub-clause 7.4, Special movements, will be based on its evaluated pay point.
(c) Equivalent rates of pay will be determined as follows:
(i)
|Hourly rate |= |Annual rate |
| | |52.2 x weekly hours |
(ii) Daily = hourly rate x ordinary daily working hours
(iii) Weekly = hourly rate x ordinary weekly working hours
(iv) Fortnightly = weekly pay rate x 2.
(v) Annual rate = weekly pay rate x 52.2
(vi) The Rates of Pay per annum specified in Schedule 1 and Schedule 2 will apply on and from the date on which this Award comes into force.
(d) The amounts of Rates of Pay contained in Column 2 at Schedule 1 have been rounded to the next nearest dollar. Annual Rates of Pay thereafter will be rounded to the nearest dollar.
7.2 Appointments
(a) Employees will be appointed on the appropriate annual rate of pay for the job (being the-mid point (M)), except where, in exceptional circumstances appointment may be made at the Low (L) or high (H) point listed in Column 1 at Schedule 1 to this Award.
(b) Where in exceptional circumstances appointment has been made to the low point, an employee may progress to the mid point after twelve (12) months from the original appointment, subject to satisfactory performance in all aspects of the position.
(c) Where progression for an employee is rejected, the reasons for such rejection must be stated in writing and provided to the employee. In such cases, the employee has a right of appeal to the relevant General Manager, and where unsuccessful shall subsequently be reviewed six months after the original review.
(d) Where an employee is appointed to the mid point, there will be no progression.
(e) An employee shall not be paid less than their appointed rate, except where an employee has been regressed as a result of:
(i) Poor performance (see sub-clause 10.3 - Regression); or
(ii) Disciplinary action (see sub-clause 5.8 - Misconduct).
7.3 Payment Of Monies Due
(a) The Employer may make payment, less any deduction as may be authorised by the employee or required by law, by paying the full amount of the balance due into a credit union or bank account of the employee’s choice, or by cheque made payable to the employee.
(b) Monies will only be assigned to accounts that are in the employee’s name either singly or jointly.
(c) Any payments in addition to an employee’s appointed rate of pay, made under the provisions of this Award (e.g. overtime, allowances, shift penalties etc), will be made within the three pay periods (i.e. six weeks)
(d) No variation will be made to pay unless it is properly authorised in writing.
7.4 Special Movements
(a) Employees who have completed a relevant tertiary level qualification or qualifications deemed equivalent thereto which the Employer deems as necessary for the SCA’s ongoing needs, will be considered for reclassification to a higher pay point.
(b) Such reclassification will be determined by the Employer on a selective basis subject to:
(i) satisfactory performance of the employee concerned at the existing pay point;
(ii) the experience and demonstrated ability of the employee concerned;
(iii) the capacity of the employee to undertake more responsible work;
(iv) the availability of work in the employees acquired discipline.
(c) Where progression for an employee is rejected, the reasons for such rejection must be stated in writing and provided to the employee. In such cases, the employee has right of appeal to the Employer, who will consult with the union prior to making a decision and where unsuccessful shall subsequently be reviewed six months after the original review.
(d) Employees who are determined as being suitable for reclassification in accordance with the provisions of sub-clauses (a), (b) and (c) above will be placed on the appropriate pay point according to their respective disciplines and will be eligible for movement as follows:
(i) Engineering - four year degree or equivalent -
An employee with a recognised 4 yr degree in engineering or equivalent thereto will be initially classified at pay point 26, and will be eligible for yearly movement in 12 monthly intervals through the pay points identified in Column 4 of the Table at Schedule 1.
(ii) Environmental Sciences
An employee with a recognised 3 yr degree, diploma or qualifications equivalent thereto in environmental sciences, will be initially classified at pay point 22, and will be eligible for movement through the pay points identified in Column 5A of the Table at Schedule 1 in 12 monthly intervals.
An employee with a recognised 4 yr degree or equivalent to in environmental science, will be initially classified at pay point 26, and will be eligible for movement through the pay points identified in Column 5B of the Table at Schedule 1 in every 12 months.
(iii) Scientific
An employee with a recognised 3 yr degree, diploma or equivalent qualifications in a necessary scientific discipline, will be initially classified at pay point 22, and will be eligible for yearly movement through the pay points identified in Column 6A of the Table at Schedule 1 in every 12 months.
An employee with a recognised 4 yr degree or equivalent to in a necessary scientific discipline, will be initially classified at pay point 26, and will be eligible for yearly movement through the pay points identified in Column 6B of the Table at Schedule 1 in every 12 months.
(iv) General
In general, an employee with a recognised diploma who have been reclassified to Pay Point 14 will be eligible for movement through the pay points identified in Column 3A in the Table at Schedule 1 in 12 monthly intervals.
In general, an employee with a recognised degree who have been reclassified to Pay Point 16 will be eligible for movement through the pay points identified in Column 3B in the Table at Schedule 1 in 12 monthly intervals.
(e) Employees who have been appointed to pay point 14 or above and subsequently complete a relevant tertiary qualification which the Employer deems necessary for the organisation’s needs, will be considered for advancement or reclassification to the equivalent pay or the next highest pay point, as the case may be, in accordance with the provisions of sub-clauses (a), (b) and (c) above.
(f) The provisions of sub-clause (d) will only apply whilst employees are employed in positions considered by the Employer to require the specific skills of their respective disciplines.
(g) Movement between salary points for part-time employees will be in accordance with clause 6 - Job evaluation, of this Award and movement will be calculated on the full-time equivalent.
8. Salary Sacrifice to Superannuation
(a) Notwithstanding the pay outlined in clause 7 - Pay, or any relevant pay scale in a registered enterprise agreement an employee may elect to sacrifice a portion of the pay payable to additional Employer superannuation contributions. Such election must be made prior to the commencement date of the period of service to which the earnings relate and is subject to the limitations provided in (b) & (c) of this clause.
(b) The amount sacrificed must not exceed thirty (30) per cent of the employee’s current pay, payable under clause 7 of this Award or under a relevant registered enterprise agreement, or thirty (30) per cent of the current applicable superannuable salary, whichever is the lesser. In this clause, "Superannuable Salary" means the employee’s salary is notified from time to time to the New South Wales public sector superannuation trustee corporations.
(c) In addition to (b) above, the amount of pay which an employee may elect to sacrifice to superannuation is limited to an amount which ensures that the aggregated amounts of Employer contributions to accumulation funds (any current Employer contributions and elected salary sacrificed contributions) do not exceed the employee’s maximum deductible aged based limit set by the Australian Tax Office as varied from time to time.
(d) Where the employee has elected to sacrifice a portion of that pay to additional Employer superannuation contributions:
(i) Subject to Australian Taxation law the sacrificed portion of pay will reduce the pay subject to appropriate PAYE taxation by the amount of that sacrificed portion; and
(ii) Any allowance, penalty rate, payment for unused leave entitlement, weekly workers compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable award, enterprise agreement, Act or statute which is expressed to be determined by reference to an employee’s salary shall be calculated by reference to the pay which would have applied to the employee under clause 7 - Pay, of this Award or any relevant pay scale in a registered agreement in the absence of any salary sacrifice to superannuation made under this Award.
(e) The employee may elect to have the portion of payable pay which is sacrificed to additional Employer superannuation contributions:
(i) Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional Employer contributions; or
(ii) Subject to the SCA’s agreement paid into a private sector complying superannuation scheme as Employer superannuation contribution.
(f) Where an employee elects to sacrifice in terms of subclause (e) above, the Employer will pay the sacrificed amount into the relevant superannuation fund.
(g) Where the employee is a member of a superannuation scheme established under
(i) The Superannuation Act 1916.
(ii) The State Authorities Superannuation Act 1987.
(iii) The First State Superannuation Act 1992.
the Employer must ensure that the amount of any additional Employer superannuation contributions specified in sub clause (a) above is included in the employees superannuable pay which is notified to the New South Wales public sector superannuation trustee corporation.
(h) Where prior to electing to sacrifice a portion of his/her pay to superannuation, an employee had entered into an agreement with their Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause (g) above, the Employer will continue to base contributions to that fund on the pay payable under clause 7 (Pay) or any relevant pay scale in a registered enterprise agreement to the same extent as applied before the employee sacrificed portion of that pay to superannuation.
This clause applies even though the superannuation contributions made by the Employer may be in excess of superannuation guarantee requirement after the salary sacrifice is implemented.
9. No Assignment of Pay
(a) An employee's pay will be paid as it falls due with the exception of payments withheld for the purposes of pay equalisation in conjunction with the 19 day lunar month pattern of work detailed in clause 12 - Hours of Work of this Award.
(b) No payment shall be made in respect thereof to any person by virtue of any order, document, or instrument whereby an employee may have assigned or attempted to assign their pay.
(c) Provided that this clause shall not apply in the case of payments made out of the pay of an employee at their request in writing in respect of contributions to:
(i) A Union party to this Award, or
(ii) Contributions to a boarding house or mess establishment on any work, or
(iii) The payment of rental or other charges to the Employer on account of a cottage rented or purchased from the Employer, or
(iv) Amounts owing by an employee for safety footwear and/or wearing apparel purchased from or supplied by the Employer, or
(v) As agreed by the Employer from time to time, payments made to
A complying superannuation fund, or
Any health/medical fund, or
Any premiums due to any life assurance company, or
Charities, or
The repayment of a loan advanced by a lending institution agreed by the Employer to an employee.
10. Performance Agreements
10.1 General
(a) The parties are committed to all employees having learning and performance agreements which cover their learning requirements and performance targets linked to business outcomes. Employees’ work performance and skills attainment will be monitored on a regular basis throughout the period of employment with counselling and support being provided.
(b) The objectives of the system are to provide ongoing participative involvement aimed at:
(i) Developing employees
(ii) Relating development and performance to the requirements of the position and the SCA’s objectives
(iii) Identify responsibilities and performance goals and measures
(iv) Provide feedback on performance.
10.2 The Performance Management System
(a) The system will establish agreed learning activities performance targets and indicators for an employee and provide for ongoing support and evaluation of the employee's performance. The system leads to the development and broadening of the employee's knowledge, skills and experience relevant to the targets, and to increase their ability to work in other areas of the Employer. The system also encourages the development of relevant competencies of employees in their current job, provisions of staff development in acquiring these competencies on career development in relation to future jobs.
(b) The Employer may reduce an employee's pay where by the end of the review period they have not reached an acceptable standard of skills development and/or experience, and/or demonstrated performance and/or in the case of misconduct.
(c) Notwithstanding (b) above the application of the system is not intended to effect a variation in an existing contract of employment of an existing employee, or an exemption from the Award during the performance management cycle.
10.3 Regression
(a) In all cases where an employee’s pay has been reduced, the employee is to receive a statement in writing signed by the relevant Manager which gives the grounds.
(b) The employee has the right to appeal against the decision to reduce their pay, to the relevant General Manager or a nominated authorised employee.
(c) Where the decision to regress is upheld, the employee is entitled to internal counselling and support aimed at correcting the misconduct or improving performance.
(d) The employee will be entitled to a further review after a reasonable period of time as determined by the General Manager or nominee.
11. Temporary Arrangements
(a) Where a vacancy exists, or an employee is absent for four (4) consecutive days or more, the Employer, on a temporary basis, may:
(i) Fill the position with the most suitable competent employee from a lower pay point with such employee receiving the specified pay point applicable to the position; or
(ii) Fill the position with the most suitable competent employee from a higher pay point without loss of pay; or
(iii) Fill the position with an employee at the same pay point, without variation in pay, in order to provide the opportunity for the employee concerned to develop skills; or
(iv) Fill the position on a rotational basis using any combination of the provisions set out in points (i) to (iii) above; or
(v) Assign part or all of the duties to an employee or employees from the same pay point or higher without variation in pay; or
(vi) Leave the position unoccupied.
(b) Where an employee is absent from duty for three (3) days or less the Employer may:
(i) Assign the duties to another employee or employees without variation in pay; or
(ii) Leave the position unoccupied.
(c) A part-time employee may relieve in a higher paid position and be entitled to payment on a pro rata basis where such period exceeds four (4) consecutive days based on their usual pattern of work.
In such cases, where a full time employee performs the duties on the remaining days, such employee will be entitled to payment at the higher rate where four (4) or more consecutive days are worked based upon the part-time pattern.
(d) Full-time employees who relieve in a higher paid part-time position will receive payment at the higher rate on a pro rata basis where such period exceeds four (4) consecutive days on the part-time pattern of work.
(e) Temporary arrangements are voluntary where an employee would be financially disadvantaged by being forced to undertake the duties of another position.
(f) The Unions can approach the Employer in individual cases of hardship or difficulty regarding the application of this clause.
part iv
HOURS OF WORK AND RELATED MATTERS
12. Hours of Work
12.1 General
(a) For the purpose of this clause, SCA’s needs are of the foremost importance and such matters as the availability of adequate supervision, service to the public, work timetables, team or group work and inter-branch relationships will be relevant factors in determining the staggered work arrangements to be worked by employees. It will be the Employer’s responsibility to ensure that sufficient employees are on duty to maintain service and work objectives.
(b) The organisation of work and ordinary hours will optimise work effectiveness and the fulfilment of the reasonable needs of employees.
(c) The standard working hours will be those necessary for the completion of routine work and this clause sets out the ordinary hours and conditions attached to exceptions.
12.2 Ordinary Working Hours
(a) The ordinary working hours of full-time employees will be:
(i) 35 per week, seven (7) hours per day, Monday to Friday inclusive between the spread of hours 7.00 am and 6.00 pm, in accordance with sub-clause 12.3; or
(ii) An average of 38 per week over a four (4) week period, Monday to Friday inclusive, eight (8) hours per day between the spread of hours 7.00 am and 6.00 pm, except for one (1) leisure day off in each four (4) week period.
(b) The provisions of (ii) above, will apply to employees who occupy positions that were former Wages Division positions or where the duties of the position require the working of a 38 hour week.
12.3 Work Arrangements For Employees Working A 35 Hour Week
(a) The provisions of this sub-clause apply to:
(i) full-time employees whose ordinary working hours are an average of 35 hours per week; and
(ii) full-time term employees:
(A) whose ordinary working hours are an average of 35 hours per week; and
(B) who are permitted to work in accordance with this sub-clause by the relevant manager.
(b) The provisions of this sub-clause do not apply to the following:
(i) part-time employees;
(ii) casual employees;
(iii) employees on part-time maternity leave; and
(iv) any employee (regardless of the basis of their employment) who fails to comply with the roster day off (RDO) requirements in paragraphs (g) and (h) of this sub-clause.
(c) Employees to whom this sub-clause applies may nominate a preference to work one of the following work arrangements:
(i) 20 day month of 7 hours per day (20 day month);
(ii) 19 day month of 7 hours and 25 minutes *per day and one RDO (or two half RDOs) every four weeks (19 day month); or
(iii) 9 day fortnight of 7 hours and 55 minutes *per day and two RDOs (or four half RDOs) every four weeks (9 day fortnight)
* Any time worked in excess of 7 hours on any day by employees under subparagraphs (c)(ii) and (iii) will be additional time worked on working days (excluding public holidays and 20 days recreation leave per year) for the purposes of the employee accruing RDOs.
(d) An employee’s nomination to work one of the staggered work arrangements under paragraph (c) of this sub-clause will be considered as follows:
(i) Rostered days off are subject to consultation but remain an Employer’s prerogative which prerogative is designed to ensure service to the public, availability of adequate supervision and satisfaction of the Employer’s needs.
(ii) Unless the option as to one of the three work arrangements in sub-clause 12.3 (c) is specifically stipulated in the employee’s position description, the work arrangement shall be at the election of the employee.
(iii) Where an employee’s work arrangements are not stipulated in the employee’s position description the employee’s manager will consider the employee’s nominated work arrangement having regard to the Employer’s needs referred to in sub-clause 12.1(a) above.
(iv) The manager shall not unreasonably withhold approval of the employee’s nominated work arrangement.
(v) If the employee’s nominated work arrangement is unacceptable to the Employer and the employee does not accept the reason(s) for the rejection, the nomination will be reviewed under clause 49 of the Award.
(vi) If the employee accepts the reason(s) for the rejection of the employee’s nominated work arrangements, then the employee may elect to work one of the remaining work arrangements, provided that the employee may not elect a nine day fortnight.
(vii) An employee may elect to vary their work arrangements at any time subject to the constraints set out in this sub-clause (12.3).
(e) Employees who are eligible to work in accordance with this sub-clause must:
(i) advise their supervisor/manager in writing of the work arrangements in paragraph (c) of this sub-clause that they would prefer to work on an ongoing basis, which preference will be considered under paragraph (d); and
(ii) if they commence employment during a four week roster period, work a 20 day month until the commencement of the first four week roster period after the date of commencement of their employment; at which time they may commence working accordance with any approved work arrangements under paragraph (c) of this sub-clause.
(f) Employees who are eligible to work in accordance with this sub-clause may make a request, in writing to their Manager, to change their current work arrangements to an alternative work arrangement under paragraph (c) of this sub-clause. Such requests will be considered under paragraph (d) and where approved will operate from the commencement of the next available four week roster period.
(g) Employees who are eligible to work in accordance with this sub-clause must advise their supervisor/manager of their proposed dates for their RDO(s) before the third Wednesday during the four week roster period preceding the roster period in which the employee wishes to take their RDO(s).
(h) The employee’s supervisor/manager will determine whether to approve the proposed dates for their RDOs. Where possible employees will be afforded flexibility in choosing when to take RDOs. However the employees’ supervisor/manager may determine (at any time and regardless of whether the employee has made a request to take RDOs) when employees take their RDOs and the employee must take their RDOs at that time.)
(i) Employees must ensure that approved RDO(s) are appropriately recorded in the manner determine by the business in which they work.
(j) Employee’s RDO accumulation shall not exceed:
(i) two (2) RDOs in addition to the RDOs accumulated in the current four week roster period where they are working a 9 day fortnight; and
(ii) one (1) RDO in addition to the RDO accumulated in the current four week roster period where they are working a 19 day month.
(k) When RDOs are taken continuous with recreation leave:
(i) any RDOs due at the start of the period of recreation leave will be regarded as being taken from the first day of the leave; and
(ii) any RDOs accumulated during leave will be regarded as being taken at the end of the leave.
(l) RDO entitlements will be reduced in accordance with paragraph (m) as a result of all absences from work of one day or more except for absences in the following circumstances:
(i) Recreation leave;
(ii) Local leave;
(iii) Public Holiday;
(iv) Roster leave;
(v) Examination leave (½ day) together with Recreation leave (½ day);
(vi) Jury duty; and
(vii) TUTA leave.
(m) RDO entitlements are reduced by a half day, in the following roster period, if an employee accumulates:
(i) 9 days absence (other than of the type specified in paragraph (l) above from work (over any period) where the employee works a 19 day month; or
(ii) 5 days absence (other than of the type specified in paragraph (1) above from work (over any period) where the employee works a 9 day fortnight.
(n) The maximum payment in lieu of RDOs on termination of employment is two days paid at single time rates.
(o) RDOs must not be taken before they are accumulated.
(p) If an employee is sick on an RDO the employee will be entitled to sick leave on full pay for that day instead of taking an RDO provided that:
(i) The employee complies with clause 22, Sick leave; and
(ii) The employee has an entitlement to paid sick leave.
(q) Employees to whom this sub-clause applies - other than shift workers - must:
(i) Commence work at a time approved by the employee’s supervisor/manager prior to the commencement of the current roster period; and
(ii) Be on duty between the hours of 10.00am and 3.00pm (excluding lunch time) unless on approved leave.
(r) Subject to paragraph (s) of this sub-clause, where possible an employee who commences work after the starting time approved under subparagraph (q)(i) of this sub-clause must work their normal staggered roster hours for that day without the payment of overtime.
(s) Where an employee commences work after 10.00am, they must apply for recreation leave or have their RDO entitlements reduced to cover the period of absence. The minimum amount of leave an employee may apply for is a ½ day in respect of any such absence where no recreation leave or RDO entitlements are available to the employee the employee must take leave without pay. This paragraph will not apply in the event of major transport delays or where a supervisor/manager determines that special circumstances exist.
(t) Employees to whom this sub-clause applies must take a lunch break between 11.00am and 2.00pm, unless the employee’s supervisor/manager has agreed prior to the lunch break being taken that the employee may take his or her lunch break at an alternative time.
12.4 Variation Of Hours
(a) Starting and ceasing times may be varied to meet the Employer's requirements in cases where work cannot be carried out during the spread of hours (i.e. 7.00 am to 6.00 pm).
(b) Employees whose starting and ceasing times have been varied by the Employer will be entitled to a loading of:
(i) 25% for those hours worked outside the spread of hours; or
(ii) 50% for those hours worked outside the spread of hours if the shift starts before 5.00 am or finishes after 8.00 pm.
(c) The loading specified in (b) shall not apply where the Employer does not require the hours to be varied but the variation has been made by mutual agreement between the Employer and the employees concerned.
13. Meal Breaks
13.1 Monday - Friday
(a) Employees will be allowed a mid day meal break of not less than 30 minutes or more than one (1) hour without pay.
(b) No employee will be required to work for more than five (5) hours on any day without a break for the "midday" meal, unless the requirements of the work make it impracticable to allow such break before five (5) hours have elapsed.
(c) In cases were employees are required to work for more than five (5) hours without a break, the break will be allowed as soon as practicable thereafter and in any event before six (6) hours have elapsed.
(d) Where an employee is required to work for more than the period of five (5) hours specified in this sub-clause they will be paid at the rate of time and one half from the end of five (5) hours until the meal break occurs. Where overtime is worked contiguous with the day in question this payment will not be taken into account in the calculation of overtime.
13.2 Meal Breaks During Overtime Monday To Friday
Employees who are required to continue work beyond their normal ceasing time of an ordinary working day will, if the period of overtime to be worked is more than one (1) and a half hours, be allowed a meal break of 30 minutes which will be paid for at single time rates. Where the overtime continues for more than five (5) and a half-hours, an additional paid break of 20 minutes is to be allowed with a further paid break of 20 minutes each four (4) hours thereafter, provided overtime continues, which each meal break being paid for at single rates.
13.3 Saturdays, Sundays Or Public Holidays
Employees working overtime on Saturdays, Sundays or holidays will be entitled to a paid meal break of 30 minutes after each four hours of overtime worked, provided that employees continue to work after the break. These breaks are paid at overtime rates.
13.4 Variation To Meal Breaks
Notwithstanding these provisions, meal breaks may be taken by agreement, at any time to best reconcile the needs of work and the employees who perform it and without payment of penalty.
14. Rest Breaks
(a) Employees required to continue work after their ceasing time must have a rest period of ten (10) consecutive hours before again starting work. Employees are to be paid for any working time lost.
(b) Employees recalled to work after ceasing work, who work for more than a total of four (4) hours and finish on the last occasion at a time which does not allow the employee to have a seven (7) hour rest period before their next starting time, will be entitled to a rest period of ten (10) consecutive hours. Employees will be paid for any working time lost.
(c) Employees recalled to work after ceasing time who do not actually work for more than a total of four (4) hours are not entitled to the provisions of (b) above.
(d) Employees directed to resume or continue work without having their rest period will be paid at time and one half for the first two hours and double time thereafter until they are released from duty. They will then be entitled to be absent for a rest period of ten (10) consecutive hours without loss of pay.
(e) Rest periods are calculated from the time the employee is absent from work.
15. Overtime
15.1 Eligibility
(a) Subject to sub-clauses 12.3 and 12.4 (Hours of work), overtime will mean all authorised time worked before, after or beyond the usual hours of work, as required.
(b) Except with the special approval of an authorised employee the following employees are not entitled to the payment of overtime:
(i) Employees classified at pay point 68 and above; or
(ii) Employees classified below pay point 68 provided that:
(A) The employee agrees that they forego overtime payments pursuant to sub clause 15.2; and
(B) The employee is paid a margin in lieu of overtime agreed between the Employer and the employee; and
(C) The relevant union is notified five working days before the arrangement is implemented.
15.2 Rate Of Payment
(a)
(i) Monday to Friday - time and one half for the first two hours and double time thereafter.
(ii) Saturdays - time and one half for the first two hours and double time thereafter, and all time after 12 noon at double time.
(iii) Sundays - double time.
(iv) Public Holidays - double time and one half (including holiday pay as provided in this Award).
(b) Employees required to work overtime on a Saturday, Sunday, Holiday or a day they are rostered off will work, or be paid, for a minimum of four (4) hours, except where such overtime is continuous with overtime commenced on the previous day.
(c) Where employees are required to work overtime both before and after their usual working hours on the same day: the Employer will add the overtime hours worked both before and after to make a total amount of overtime. This total will be used to calculate when double ordinary rates become payable.
(d) An employee working overtime and finishing work at a time when reasonable means of transport is not available shall be conveyed to their home within a reasonable time.
15.3 Special Rates
Unless specifically identified in this Award in relation to a particular allowance, special rates or allowances will not be taken into consideration in the computation of overtime.
16. Call-Out
(a) Employees called back to work after the usual ceasing time and before 6.00 a.m. on the next working day will be paid a minimum of four (4) hours at the appropriate overtime rates.
(b) Any further call-outs within the four (4) hour period set by the first call are covered by the initial four (4) hour payment.
(c) Call-outs after the initial four (4) hours are paid at the appropriate overtime rate for the actual time of the call out.
(d) Payment will be calculated from the time the employees leave home to attend the call-out until they return.
(e) Any time worked by an employee called out will not contribute toward the calculation of that employee's ordinary hours.
(f) This clause will not apply to those employees listed as ineligible to receive overtime payments under the Clause 15 - Overtime.
17. Stand-By
17.1 General
It is recognised that the Employer has a statutory requirement to provide an efficient service to the public. To this end nominated employees may be placed from time to time on a standby roster in order to maintain out of hours services.
17.2 Stand-By Payments
(a) Employees rostered to stand by at their home will be paid at the following rates:
(i) Weeknights (exclusive of public holidays) - 2 hours pay.
(ii) Saturdays, Sundays and public holidays - 8 hours pay.
(b) Standing by will be deemed to commence from the close of normal work on the previous day and end at normal starting time on the next working day.
(c) Stand by time will not be computed as overtime but will be paid at single rates.
17.3 Overtime
Any overtime worked whilst on standby will be paid in accordance with the provisions of the clause 15 (Overtime) of this Award and will be in addition to any standing-by payment.
part v
TYPES OF LEAVE AND PUBLIC HOLIDAYS
18. Public Holidays
(a) Subject to the provisions of this Award:
(i) Employees are entitled to be absent on full pay for all public holidays proclaimed as such for the state of New South Wales or the County of Cumberland (except the first Monday in August).
(ii) Employees will also be entitled to one additional day, which they may elect to take between Christmas Day and New Years Days or the Union Picnic Day.
(iii) The Union Picnic Day will occur on or before the first Monday in November of each year or another date to be approved by the Employer.
(iv) Part-time employees shall be entitled to be absent on full-pay on public holidays, provided that the public holiday falls on a day that the employee is scheduled to work.
(v) Casual employees are not entitled to the payment of public holidays.
(vi) Payment will only be made if the employee is at work for the full day, or on approved absence, on both their scheduled working days immediately before and after the public holiday.
Employees will be regarded as having worked when they are on:
Recreation leave on full pay;
Special short leave;
Rostered days off;
Study leave;
TUTA leave;
Approved sick leave with or without pay;
When the job has been closed by the Employer for reasons other than industrial action; and
Leave without pay (provided the Public Holiday falls within the first fourteen (14) calendar days of the leave).
(b) Public holidays occurring during periods when an employee is on long service leave shall be counted as part of the long service leave and not as holidays.
(c) Where a five (5) day week is worked, no payment shall be made for holidays observed on a Saturday.
19. Recreation Leave
19.1 Entitlement
(a) Full-time employees receive 20 days (4 weeks) recreation leave, exclusive of any public holiday observed on a working day, for each year of service.
(b) Part-time and term employees will be entitled to recreation leave on a pro-rata basis.
(c) During the year, recreation leave accrues on a proportional basis.
(d) Casual employees do not accrue recreation leave.
(e) For the purpose of calculating recreation leave, any period in excess of seven (7) working days during which an employee is on leave without pay will not be deemed to be included in any year of an employee's service, except for employees referred to in sub-clause (f) below.
(f) Any employee who is:
(i) An accredited delegate of the union/association contained in the clause 3 - Definitions, of this Award; or
(ii) Elected to a Committee of Management or Welfare and Emergency Fund Committee,
(iii) A member of a consultative committee,
and who takes leave without pay to attend Union business will not lose any rights which accrue under this clause.
19.2 Taking Of Leave
(a) Recreation leave shall be taken at a time convenient to the Employer. Employees and their unions will support the Sydney Catchment Authority in ensuring that the current year accumulation is taken.
(b) All employees are required to take their four (4) calendar weeks recreation leave within six (6) months of it becoming due, unless they have the written permission of an authorised employee to defer their leave. No approval to defer leave will be granted if the employee's current balance is more than 70 days. Provided that all recreation leave in excess of 70 days accumulated by an employee will be deemed to be forfeited unless an authorized employee otherwise expressly directs.
Recreation leave deemed to be forfeited (less already taken) will be paid out on termination of service at the employee’s pay point most paid during the twelve (12) months immediately prior to termination date, but in any case at a rate no less than the employee’s appointed pay point.
(c) Unless it is not practical, or there are exceptional circumstances, employees should seek approval of their leave application at least one (1) month of the date from which the leave is to commence.
(d) Recreation leave will represent time off work, and in no case shall an employee receive two (2) pays for the same day.
(e) The Employer may direct an employee, by the giving of four (4) weeks notice, to take the balance of their current year's entitlement.
19.3 Payment For Leave
(a) Employees are entitled to be paid in advance for their period of leave.
(b) Upon termination, employees will receive the monetary value of their untaken leave balance.
(c) Recreation leave will be paid at the pay point most paid during the period in which the leave accrued. No employee will receive pay at less than their appointed rate.
(d) Where an employee has given notice that they require their leave to be paid in advance, and through the fault of the Employer, this has not occurred, the employee will be entitled to:
(i) A maximum of two (2) hours ordinary pay; and
(ii) Reasonable fares for collecting their pay once leave has commenced.
20. Recreation Leave Loading
20.1 General
(a) A loading calculated on a maximum of four (4) calendar weeks recreation leave is paid to employees each year and is based on the rate at which the leave is paid.
(b) The loading is paid on the first occasion during a leave year when an employee is absent for at least two (2) consecutive weeks and when the majority of that absence is recreation leave.
(c) If an employee does not take such a period of leave during a leave year, the monetary value of the leave loading will be paid in the first pay after 30 November.
(d) Leave loading is paid only once for a leave year. The full leave loading entitlement is paid on the first occasion it becomes available, even if the full leave entitlement is not taken.
(e) For the purposes of calculation, a leave year is from 1 December one year to 30 November the next year, and the amount paid will be in respect of leave accrued during the immediately preceding twelve (12) months.
(f) The maximum monetary amount of leave loading will not exceed the value of the leave loading for pay point 76.
(g) Loading is not paid: -
(i) on resignation: or
(ii) where the employee has been dismissed by the Employer for serious misconduct; or
(iii) upon the death of an employee; or
(iv) in respect of broken periods of service; or
(v) to employees regarded as trainees on full time courses at Universities.
20.2 Amount
The rate of leave loading is 17.5% of up to four (4) calendar weeks recreation leave.
21. Long Service Leave
21.1 Definitions
(a) The term "days" shall include all days, excluding Saturdays and Sundays the employee would have been normally scheduled to work including public holidays. Public holidays occurring during a period of long service leave are to be taken as long service leave.
(b) The term " service" will mean all service recognised by the Employer.
21.2 Entitlement
(a) Full-Time Employees
(i) Full-time employees receive 44 days long service leave after ten (10) years’ continuous service.
(ii) After completion of the first ten (10) years of continuous service, long service leave will accrue, on a daily basis, at the rate of 10.9 days per year.
(b) Part-Time Employees
Part-time employees receive long service leave on a proportional basis based on the number of hours worked in relation to full-time hours. Part-time employees leave is calculated by the following formula:
|Full-time entitlement to LSL |x |No of Part-time hours |= |LSL entitlement |
| | |No of Full-time hours | | |
(c) Casual employees
Casual employees are entitled to long service leave on a proportional basis on the number of ordinary hours worked in relation to full time ordinary hours of the position. Casual employees leave is calculated by the following formula:
|Full-time employee entitlement to LSL |x |No of ordinary casual hours |= |LSL entitlement |
|No of ordinary full time hours of position | | |
21.3 Taking Of Leave
(a) Long service leave may only be taken at a time convenient to the Employer.
(b) Accrued long service leave may be taken on full pay (i.e. one day’s pay for one day’s leave) or on half pay (i.e. half a day’s pay for one day’s leave).
(c) Unless there are exceptional circumstances or where it is not practical, employees shall seek approval of their leave application at least one (1) month of the date from which the leave is to commence.
21.4 Accrual Of Leave
(a) Long service leave is fully accumulative.
(b) Long service leave accrues whilst employees are on any type of paid leave.
(c) Any employee who is:-
(i) an accredited delegate of the union/association contained in the clause 3 - Definitions, of this Award; or
(ii) elected to a Committee of Management or Welfare and Emergency Fund Committee,
and who takes leave without pay to attend Union business will not lose any rights which accrue under this clause.
21.5 Pro-Rata Entitlement
(a) Employees who have completed between five (5) and ten (10) years continuous service and whose services are terminated in the circumstances set out in (b) below, are entitled to payment of a proportional amount of long service leave on full pay calculated on the basis of three (3) months leave for fifteen years of service.
(b) Employees are entitled to payment of a proportional amount of long service leave where their services are terminated:
(i) by the Employer for any reason other than serious and willful misconduct; or
(ii) by the employee because of illness, incapacity, domestic or other pressing necessity; or
(iii) due to the death of the employee; or
(iv) due to work not being available at the pay point to which the employee has been appointed and where the only alternative employment with the Employer is at a lower pay point.
21.6 Payment For Leave
Long service leave will be paid at the rate prescribed for the pay point most paid during the twelve months immediately prior to commencing such leave or ceasing duty in the Employer's service, but in any case at no less than the employee's substantive rate at time of taking leave.
22. Sick Leave
22.1 General
Sick leave is provided to employees who are unable to perform their duties because of genuine illness or incapacity. Sick leave should not be construed as a right to more leave.
22.2 Amount Of Leave
(a) An employee may be granted up to 20 days sick leave on full pay in a sick leave year.
(b) A sick leave year is the 12 months from 1 December to 30 November.
(c) If an employee's services are terminated and they are subsequently re-employed in the same calendar year, the amount of sick leave credited to the employee on re-employment for that year will not exceed 20 days or the amount they would have been entitled to had their employment been continuous, whichever is the lesser.
(d) The unused amount of sick leave will be available in following sick leave years, i.e. sick leave is fully accumulative
22.3 First Year Of Service
(a) During the first year of service, an employee shall be credited with a proportional amount of sick leave based on the date employment commenced. For the first year of service, sick leave will be credited on the following basis:
(i) If service commences on or after 1 December and before 1st March, 20 days sick leave;
(ii) If service commences on or after 1 March and before 1st June, 15 days sick leave;
(iii) If service commences on or after 1 June and before 1st September, 10 days sick leave;
(iv) If service commences on or after 1 September and before 1 December, 5 days sick leave.
22.4 Part-Time Employees
The amount of sick leave available is at a proportional rate based on the number of hours worked in relation to full-time hours. The amount of sick leave for a part-time employee is calculated by the following formula:
|No of Part-time hours |x |full-time entitlement |= |sick leave for part- |
|No of Full-time hours | |(in hours) | |time employee |
22.5 Term Employees
Term employees are entitled to sick leave on a pro rata basis.
22.6 Casual Employees
Casual employees are not entitled to sick leave.
22.7 Taking Of Sick Leave
Subject to the satisfaction of the Employer, an employee may be granted sick leave to cover an absence where the employee is unable to perform their duties because of illness or incapacity which has not been caused by their own misconduct.
22.8 Notice Of Illness
An employee shall notify their supervisor of their inability to attend work due to illness or incapacity as soon as possible and, in any case, within 24 hours of the beginning of the absence. The employee must also advise their manager of the estimated length of the absence.
22.9 Provision Of Medical Certificate
(a) A medical certificate must be supplied to the Employer for an absence of sick leave of four (4) or more consecutive days.
(b) An employee with less than 12 months' service who is absent on sick leave for any period, may be required by the Employer to submit a medical certificate showing the nature of the illness.
(c) These provisions do not restrict the Employer from directing employees to provide medical certificates for any period of sick leave.
22.10 Supplement To Workers Compensation Payments
(a) An employee shall not be entitled to paid sick leave for any period where they are entitled to full workers' compensation payments.
(b) Where an employee is not in receipt of full workers' compensation payments and they have sick leave entitlements at the request of the employee, the Employer shall pay to that employee the difference between the workers' compensation payments and full pay. The employee's sick leave entitlements will be reduced by the appropriate amount. When sick leave entitlements have been exhausted, the workers' compensation payments only shall be payable.
22.11 Payment For Sick Leave
(a) Sick leave shall be paid at the pay point most paid during the twelve (12) months immediately prior to commencing such leave or in any case not less than their substantive rate.
(b) Part-time employees will only be paid sick leave for the absences which occur during the hours they were scheduled to work.
22.12 Illness Whilst On Recreation Or Long Service Leave
(a) Where employees who are eligible for sick leave produce a valid medical certificate that is acceptable to the Employer, stating they were sick whilst on recreation long service leave, they may be recredited with the recreation or long service leave for the period of illness.
(b) Any period of illness whilst on recreation leave may be converted to sick leave and the equivalent amount of recreation leave recredited to the employee.
(c) In the case of long service leave, the illness must be of at least five (5) consecutive working days before the long service leave may be converted to sick leave.
(d) If an employee takes sick leave whilst on recreation or long service leave, the amount of sick leave taken will be deducted from the employee's sick leave entitlement.
22.13 Workers Compensation
Workers Compensation will be in accordance with the relevant workers compensation legislation.
23. Personal/Carer’s Leave
23.1 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) below, who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave credits provided for in clause 22 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 sub-clause 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 being a person, of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; 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 the 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 person related by blood, marriage, affinity or Aboriginal kinship structures and living in the same domestic dwelling. In this context, "affinity" means that one spouse or partner has to the relatives of the other.
(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.
23.2 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 sub-paragraph (ii) of paragraph (c) of sub-clause 23.1 who is ill.
23.3 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 by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this sub-clause, shall be exclusive of any shutdown period provided for elsewhere under this Award.
(c) Notwithstanding the provision of clause 20 - Recreation Leave Loading, the employee and the Employer may agree to the payment of the full annual leave loading, if available, when the employee takes annual leave days for purposes of carer’s leave.
23.4 Time Off In Lieu Of 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 sub-clause, 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.
23.5 Make Up Time
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.
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.
23.6 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) Notwithstanding the provisions of sub-clause 12.3, an employee may elect, with the consent of the Employer, to accrue some or all RDOs off for the purposes 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.
24. Bereavement Leave
(a) An employee, other than a casual employee, shall be entitled to up to three (3) days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) of this sub-clause. An employee, other than a casual employee, shall be entitled to up to five days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) of this sub-clause, where such employee travels outside of Australia to attend the funeral.
(b) The employee must notify the Employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the Employer proof of death.
(c) Bereavement 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 sub-paragraph 23.1(c)(ii) - 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.
(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(e) Bereavement leave may be taken in conjunction with other leave available under sub-clauses 23.2 to 23.6 - Personal/carer’s leave, of this Award. In determining such a request, the Employer will consider the circumstances of the employee and the reasonable operational requirements of the business.
25. Maternity Leave
25.1 General
(a) All female employees (excluding casuals) will be entitled to unpaid maternity leave when their leave application is accompanied by a medical certificate verifying their pregnancy and expected date of birth.
(b) Employees eligible for maternity leave will be entitled to unpaid maternity leave of up to twelve (12) months after the actual date of birth of the child.
(c) Employees must give the Employer at least ten (10) weeks written notice of the expected date of birth.
(d) Employees must give four (4) weeks written notice of the commencement date and the amount of leave sought.
(e) Employees must confirm, in writing, their intention to return to work at least four (4) weeks prior to the date of return.
(f) Employees must take at least six (6) weeks compulsory leave immediately after the birth of the child.
(g) The twelve (12) month maternity leave entitlement available after the birth of a child may be taken as follows:
(i) full-time, for up to a maximum of twelve (12) months, from the child's date of birth; or
(ii) part-time, up to a maximum of two (2) years, from the child's date of birth; or
(iii) a combination of full-time and part-time leave, provided that no more than twelve months' (full time equivalent unpaid) maternity leave on a full-time basis is taken and that the balance taken part-time will conclude before the child's second birthday. The total amount of maternity leave will conclude prior to the child's second birthday.
(h) The Employer retains the right to require an employee to commence maternity leave at any time within the six (6) week period before the expected date of birth. In this situation, the Employer must give the employee two (2) weeks' notice.
(i) An employee's paid recreation leave or long service leave entitlements may be taken instead of, or in addition to, unpaid maternity leave.
25.2 Paid Maternity Leave
(a) General
(i) For the purposes of this clause, "weeks" shall mean calendar weeks.
(ii) Paid maternity leave is available to all female employees (excluding casuals) who have completed forty (40) weeks' continuous service (as recognised by the Employer) prior to the birth.
(iii) Paid maternity leave can commence anytime from nine (9) weeks prior to the expected date of birth. Paid maternity leave must be taken in a continuous block.
(iv) Where there has been a break in service, i.e. the employee has left the organisation and later been reemployed, another forty (40) weeks' continuous service must be completed in order to qualify for paid maternity leave.
(v) Unless there has been a break in service as described in (iv) above an employee who has met the conditions for paid maternity leave once, will not be required to again work the forty (40) weeks' continuous service in order to qualify for another period of paid maternity leave.
(vi) Periods of leave without pay do not constitute a break in the continuity of service. However, the period of leave without pay is not included in determining the initial forty (40) weeks.
(b) Full-Time Employees
(i) Full-time employees who have completed forty (40) weeks' continuous service prior to the expected date of birth are eligible for nine (9) weeks' leave on full pay or eighteen (18) weeks leave on half pay.
(ii) Paid maternity leave can commence anytime from nine (9) weeks before the expected date of birth, up to the actual date of birth, or in the period following confinement.
(iii) Paid maternity leave is not available any earlier than nine (9) weeks before the expected date of birth.
(iv) Leave can be paid as follows:
as a lump sum in advance; or
on a normal pay basis at either full pay or half pay; or
in a combination of full and half pay.
(v) Full-time employees who complete at least forty (40) weeks' continuous service and then transfer to part-time work arrangements immediately before taking maternity leave will be paid at their full-time rate.
(vi) If the period of part-time employment immediately before maternity leave is 40 weeks or more, the employee will be paid as a part-time employee, at the pro rata rate. A full 40 week period determines the employment status of an employee for purposes of paid maternity leave entitlements.
(vii) Full-time employees who fall pregnant during a period of part-time maternity leave, will be paid their maternity leave at the full-time rate.
(c) Part-Time Employees
(i) Part-time employees who have completed forty (40) weeks of service prior to the expected date of birth will be eligible for paid maternity leave.
(ii) Part-time employees are eligible for nine (9) weeks leave at their usual rate of pay or eighteen (18) weeks leave at half their usual rate of pay.
For the purposes of this clause "usual rate of pay" will mean the amount paid for their contracted hours.
(iii) Paid maternity leave is not available any earlier than nine (9) weeks before the expected date of birth.
(iv) Leave can be paid as follows:
as a lump sum in advance; or
on a normal pay basis at their appointed pay point or half their appointed pay point rate of pay; or
a combination of (2) above.
25.3 Premature Birth
If an employee gives birth prematurely and this occurs before she was to commence her maternity leave, she will be regarded as immediately on maternity leave from the date she takes leave to give birth.
25.4 Miscarriage, Still Birth Or Death Of New Born
(a) Definitions
(i) A miscarriage refers to the loss of an unborn child during the first twenty (20) weeks of the pregnancy.
(ii) A still birth refers to a birth whereby the child is born dead and the death occurs after the first twenty (20) weeks of the pregnancy.
(b) In the event of a still birth occurring within nine (9) weeks of the expected date of confinement, an employee eligible for nine (9) weeks paid maternity leave will still be entitled to this leave. A medical certificate must be presented.
(c) If the miscarriage or still birth occurs before this time, the employee will be entitled to take sick leave for the period a doctor recommends as necessary.
(d) Where an employee chooses not to take paid sick leave, she will be entitled to unpaid "special maternity leave" for the period a doctor deems necessary.
(e) If the newborn child dies while the employee is on paid maternity leave, the entitlement remains.
25.5 Right Of Return To Former Position
(a) Provided an employee returns to work within twelve (12) calendar months of giving birth, she will be entitled to return to her former position, including one which is redesigned during the maternity leave period.
(b) If the former position has been abolished, the employee shall be transferred to a position at the same level of responsibility and pay and, where practicable, in the former location.
(c) If the former position has been relocated, an employee has a right to return to her former position in the new location.
(d) In cases where an employee had been temporarily transferred to a "safe" job during her pregnancy, "former position" will mean the position occupied by the employee before the transfer.
25.6 Sick Leave
(a) If, because of an illness associated with her pregnancy, an employee is unable to continue to work, then she may elect to take any available paid leave (sick, recreation or long service leave) or to take sick leave without pay.
(b) Where an employee not yet on maternity leave suffers illness related to her pregnancy, and she has already exhausted her paid sick leave credits, she may take further unpaid leave for the duration her doctor certifies as necessary. This leave will be known as special maternity leave.
(c) Sick leave is not available during the unpaid period of maternity leave after the birth.
25.7 Temporary Transfer To A "Safe" Job
(a) If, because of an illness or risk associated with the pregnancy, an employee cannot carry out the essential duties of their position, the employee will be temporarily transferred to a more suitable position. The position will be as close as possible in status and pay to the substantive position.
(b) If there is no "safe" job available, the employee may, or the Employer may require the employee to, take leave for the period certified as necessary by a doctor. Such leave is to be treated as maternity leave for these purposes.
25.8 Variable Working Hours
Subject to the consent of their Manager and based on the demands of the business, pregnant employees will be allowed staggered starting and finishing times. They will however, be expected to work the normal weekly hours for which they are employed.
25.9 Variation Of Maternity Leave
(a) Provided that the total period of maternity leave does not exceed the maximum leave available under 1(b), the employee may apply in writing, giving fourteen (14) days notice, to extend the period of maternity leave. This can only be done once.
The period may only be further lengthened by agreement between the employee and the Employer.
(b) The period of maternity leave may be shortened with the consent of the Employer provided the employee seeks approval fourteen (14) days in advance.
25.10 Effect Of Maternity Leave On All Types Of Leave
(a) Maternity leave at full pay will count as service for the purposes of calculating all types of leave entitlements.
(b) Paid maternity leave will count as service for the purposes of calculating all types of leave entitlements.
(c) Part-time maternity leave will also count as service on a pro-rata basis for the purposes of calculating recreation leave.
(d) Although unpaid maternity leave does not count as service for the purposes of calculating leave entitlements, it will not mean a break in the continuity of an employee's service.
26. Adoption Leave
26.1 General
(a) Employees will be entitled to unpaid adoption leave from the date of placement of their child, when documentary evidence from either the adoption agency or government authority certifying the intended adoption is supplied with the application for adoption leave.
(b) Employees who seek leave for an extended period when adopting a child under school age, may be granted unpaid leave of absence for up to twelve (12) months from the date of placement of the child. Leave may be taken as follows:
(i) on a full-time basis, up to twelve (12) months from the date of placement of the child; or
(ii) on a part-time basis, up to a maximum of two (2) years from the date of placement of the child; or
(iii) a combination of full-time and part-time leave, whereby, no more than twelve (12) months' adoption leave on a full-time basis is taken and the balance taken part-time will conclude before the second anniversary of the child being placed.
(c) Employees must notify in writing, within fourteen (14) days of the expected date of placement, or where not practicable, as soon as they are aware of the date, their intention to take short adoption up to 3 weeks leave and the expected date of commencement of such leave.
(d) Employees must give at least ten (10) weeks notice (or where not practicable, as soon as they are aware) in writing of the proposed date of commencing unpaid adoption leave.
(e) During an employee's absence on unpaid adoption leave, paid sick leave will not be available.
(f) Recreation leave or long service leave may be taken in conjunction with, or in lieu of, unpaid adoption leave. In these circumstances, if the employee's return to work is more than twelve (12) months after the adoption of the child, the right to return to their former position is no longer guaranteed.
(g) Special leave may be granted to an employee for the purposes of attending any compulsory interviews necessary during the adoption process.
Appropriate documentation will need to be provided to certify that the absence is for this purpose.
(h) General Managers may approve unpaid adoption leave of older children (school age), where they consider special circumstances justify the granting of such leave.
26.2 Paid Adoption Leave
(a) General
(i) Paid adoption leave is available to employees who have completed forty (40) weeks' continuous service as recognised by the Employer, prior to the child being placed in their care. For the purposes of this clause "week" shall mean calendar week.
(ii) Paid adoption leave can commence from the date the child is placed in the employee's care.
(iii) When there has been a break in service whereby the employee has left the organisation and later been re-employed, another forty (40) weeks' continuous service must be completed in order to qualify for paid adoption leave.
(iv) Unless there has been a break in service as described above, a employee who has met the conditions for paid adoption leave once, will not be required to again work the forty (40) weeks' continuous service in order to qualify for further periods of paid adoption leave.
(v) Periods of leave without pay do not constitute a break in the continuity of service. However, the period of leave without pay is not included in determining the forty (40) weeks.
(b) Full-Time Employees
(i) The following paid adoption leave entitlements are applicable to employees:
(1) If the child is aged 1-5 years old, the maximum entitlements available are either:
three (3) weeks at full pay; or
six (6) weeks at half pay,
commencing from the date of placement of the child.
Leave can be paid as follows:
as a lump sum in advance;
at their normal pay point at either full pay or half pay; or
in a combination of full and half pay.
(2) Where the employee is the primary care giver and the child is less than twelve months old, the maximum entitlements available are either:
nine (9) weeks at full pay; or
eighteen (18) weeks at half pay,
commencing from the date of placement of the child.
Leave can be paid as follows:
as a lump sum in advance;
at their normal pay point at either full pay or half pay; or
in a combination of full and half pay.
(ii) Full-time employees who complete at least forty (40) weeks' continuous service and then transfer to part-time employment immediately before taking adoption leave, will be paid at their equivalent full-time rate.
(iii) If the period of part-time employment immediately before adoption leave is 40 weeks or more, the employee will be paid as a part-time employee.
(c) Part-Time Employees
(i) Part-time employees who have completed forty (40) calendar weeks' of service prior to the date of placement of the child, will be eligible for paid adoption leave at their part-time rate of pay.
(ii) The following paid adoption leave entitlements are applicable to part-time employees:
(1) If the child is aged 1-5:
three (3) weeks at their usual rate of pay; or
six (6) weeks at half their usual rate of pay
commencing from the date of placement of the child.
For the purposes of this clause "usual rate of pay" will mean the amount paid for the contracted hours.
(2) Where the employee is the primary care giver and the child is less than twelve months old:
nine (9) weeks at their usual rate of pay; or
eighteen (18) weeks at half their usual rate of pay
commencing from the date of placement of the child.
(iii) Leave can be paid as follows:
as a lump sum in advance; or
on a normal pay basis at the employees usual rate of pay or half their usual rate; or
in a combination of both usual and half usual pay.
26.3 Right Of Return To Former Position
(a) Provided an employee returns to work within twelve calendar (12) months of placement of their child, they will be entitled to return to their former position, including one which is redesigned during the adoption leave period.
(b) If the employee's former position has been abolished they will be transferred to a position of the same level of responsibility and pay, and where possible, in the former location.
(c) If the former position has been relocated, the employee has the right to their former position in the new location.
26.4 Variation Of Adoption Leave
(a) Provided that the total period of adoption leave does not exceed the maximum leave available under sub-clause 26.1(b), the employee may apply in writing, giving fourteen (14) days notice, to extend the period of adoption leave. This can only be done once.
The period may only be further lengthened by agreement between the employee and the Employer.
(b) The period of adoption leave may be shortened with the consent of the Employer provided the employee seeks approval fourteen (14) days in advance.
26.5 Effect Of Adoption Leave On Other Leave Entitlements
(a) Paid adoption leave will count as service for the purposes of calculating all leave entitlements.
(b) Adoption leave at half pay will count as service on a pro-rata basis for the purposes of calculating all leave entitlements.
(c) Although unpaid adoption leave will not count as service for the purposes of calculating any leave entitlements, it will not mean a break in the continuity of an employee's service.
27. Paternity Leave
27.1 General
(a) Employees will be eligible for paternity leave when their leave application is accompanied by a medical certificate verifying their partner's pregnancy and expected date of birth.
(b) Employees eligible for paternity leave will be entitled to a maximum of 12 months' unpaid paternity leave, following the birth of their child.
(c) Employees must give the Employer at least ten (10) weeks written notice of the expected date of birth of their child.
(d) Employees must give four (4) weeks written notice of the commencement date and the amount of leave sought.
(e) Employees must confirm in writing their intention to return to work at least four (4) weeks prior to the date of return.
(f) The leave can be taken as follows:
(i) an unbroken period of up to one week at the time of the child's birth, and
(ii) a further unbroken period of up to 51 weeks, or on a part-time basis up to the child's second birthday.
(g) The maximum entitlements available under this provision are as follows
(i) on a full-time basis up to 12 months, from the child's date of birth; or
(ii) on a part-time basis up to a maximum of two (2) years from the child's date of birth; or
(iii) a combination of full-time and part-time leave, provided that no more than 12 months' paternity leave on a full-time basis is taken, and that the balance taken part-time will conclude before the child's second birthday.
(h) Recreation leave or long service leave may be taken instead of, or in addition to, paternity leave.
(i) During an employee's absence on paternity leave, paid sick leave will not be available.
27.2 Premature Birth
In the event that an employee's partner gives birth prematurely, the employee will be able to commence his paternity leave from an earlier date.
27.3 Still Birth
A male employee is entitled to up to one (1) week's unpaid paternity leave in the event of a still birth occurring during the period nine (9) weeks before his partner's expected date of birth.
27.4 Right Of Return To Former Provision
(a) Provided an employee returns to work within 12 calendar months of his partner giving birth, he will be entitled to return to his former position, including one which is redesigned during the paternity leave period.
(b) If the employee's former position has been abolished, he will be transferred to a position of the same level of responsibility and pay, and where possible, in the former location.
(c) If the former position has been relocated, the employee has the right to his former position in the new location.
27.5 Effect Of Paternity Leave On Other Leave Entitlements
(a) Although unpaid paternity leave does not count as service for the purposes of calculating leave entitlement, it will not constitute a break in the continuity of an employee's service.
(b) Part-time paternity leave will count as service on a pro rata basis for the purposes of calculating all types of leave entitlements.
28. Trade Union Training Leave
28.1 General
Employees may be granted leave to attend training courses or seminars conducted or supported by the Trade Union Training Authority (TUTA).
28.2 Entitlement
(a) Full-Time Employees
(i) Full-time employees may be granted up to 12 days leave on full pay in a two (2) year period to attend training courses or seminars conducted or supported by TUTA.
(ii) Further leave, on a without pay basis, of 15 days in any one (1) year period, may be granted where the trade union course is acceptable to both the Employer and the Union.
(b) Part-Time Employees
(i) Part-time employees may be granted a proportional amount of TUTA leave to attend training courses and seminars conducted or supported by TUTA.
(ii) The maximum amount of leave on full pay available in a two (2) year period is based on the number of part-time hours in relation to the number of full-time hours and calculated by the following formula:
|No of part-time hours |x 12 |= |maximum amount of TUTA |
|No of full-time hours | | |leave in a two (2) year period |
(iii) Further leave, on a without pay basis, may be granted on a proportional basis, where the trade union course is acceptable to both the Employer and the Union. The amount of extra leave available will be calculated by the following formula:
|No of part-time hours |x 15 |= |amount of leave without pay |
|No of full-time hours | | | |
(c) Term Employees
Term employees receive TUTA leave on a pro rata basis.
(d) Casual Employees
Casual employees are not entitled to TUTA leave.
(e) General
(i) Employees must be nominated by the recognised union of which they are a member to attend a training course or seminar conducted or supported by TUTA to apply for TUTA leave.
(ii) The two (2) year and one (1) year periods will be the time immediately preceding the commencement date of the TUTA leave requested.
(iii) TUTA leave (including leave without pay) will count as service for all purposes.
(iv) The amount of leave requested can include reasonable travelling time required during working hours to attend the course or seminar.
28.3 Taking Of Leave
(a) TUTA leave will be granted providing that the Employer's operating requirements permit the taking of the leave and that the absence does not require the employment of relief staff.
(b) An application must be supported by a statement from the relevant union that it has nominated the employee concerned for the course or seminar, or supports their application to attend the course/seminar.
28.4 Payment For Leave
(a) Employees will be paid for their leave at their pay point most paid during the twelve (12) months immediately prior to taking the leave but in any case a rate no less than the employees substantive rate at the time of taking leave. Payment will not include shift allowance, penalty rates or overtime.
(b) Expenses associated with attending a course or seminar (e.g. fares, accommodation, meals, etc.) will be met by the employee.
29. Special Leaves
29.1 Special Short Leave
(a) Special short leave on full pay is provided to employees who are absent because of an urgent and unforeseen personal emergency other than an illness in the family.
(b) Employees may be entitled to two (2) days paid leave for any one occurrence.
(c) Leave will generally be limited to one (1) day unless it is not possible for the employee to make satisfactory arrangements in that time.
29.2 Emergency Services Leave
(a) Fire fighting
(i) An employee who undertakes fire-fighting duties during an emergency in terms of section 44 of the Rural Fires Act 1997 may be granted leave on full pay for the time they are absent for work on emergency fire fighting duties.
(ii) An employee who is a unpaid volunteer member of a local Fire Brigade or Rural Fire Brigade, may be granted leave on full pay up to a maximum of five (5) days per annum. This leave is to cover necessary absences from duty when the employee is called upon to fight fires during their normal working hours.
(b) Emergency Operations
An employee who volunteers to assist the State Emergency Services, NSW Police or Rural Fire brigades during emergency operations, is to be granted leave on full pay whilst engaged in these activities during normal working hours. The employee must be released from duty for this purpose by an authorised employee. Where an employee remains on emergency duty for several days, and the headquarters to which they are attached operates on a 24 hour a day basis, the employee may be allowed reasonable time for rest in cases where physical distress was experienced, before returning to work.
(c) Certificates of Attendance
Applications for leave for fire fighting and emergency operations must be supported by evidence of participation with the relevant emergency service authority. Applications for rest periods must also be supported.
(d) Emergency Services Courses
Employees selected to attend courses, training or lectures nominated by the Director State Emergency Services Controllers are to be granted special leave on full pay for the time they are necessarily absent from duty.
29.3 National Aborigines and Torres Strait Islander Day
Subject to Employer's convenience, Aboriginal and Torres Strait employees may be granted up to one day's special leave per annum to participate in National Aborigines Day celebrations.
29.4 Naturalisation Ceremonies
An employee who desires to be naturalised may be granted special leave for the minimum time necessary to enable them to prepare for and attend the ceremony.
29.5 Employees Holding Office In Local Government
(a) Employees who hold the Office of Mayor of a municipality, President of a shire or Chairperson of a county council may be granted up to ten (10) days paid leave per year.
(b) Employees holding office in local government (other than those mentioned above) may be granted up to two and one half days leave in each 12 month period; or upon completion of 12 months service, five (5) days leave in any two (2) year period.
(c) This leave is to be used for the purposes of attending meeting and conferences, etc, or performing other council duties which require the employee to be absent from work.
(d) If the special leave entitlement outlined above is insufficient, the employees may be granted leave of absence on the basis of time being made up, leave without pay or the deduction from other leave due.
29.6 English Language Tuition Leave
(a) The Employer shall grant employees, of non-English speaking background who are unable to adequately communicate in the English language, time off without loss of pay during normal working hours to attend English language classes conducted by the Employer or any other recognised statutory authority.
For the purpose of this paragraph "other recognised statutory authority" shall include the Adult Migrant Education Service
(b) The type, duration and extent of such courses shall be as developed in consultation with the Adult Migration Education Service or other recognised authority.
29.7 Blood Donor’s Leave
(a) Employees who are volunteer blood donors or who are called upon to donate blood on working days shall be allowed leave with pay to attend the Blood Bank.
(b) Employees will be allowed leave with pay to cover reasonable travelling time to and from the Blood Bank plus one (1) hour.
(c) Proof of attendance shall be supplied to an authorised employee.
29.8 Payment For Special Leaves
Employees will be paid for the above leave at their pay point most paid for the twelve (12) months immediately prior to taking the leave, but in any case at a rate no less than the employee's substantive rate at the time of taking leave.
30. Military Leave
30.1 Entitlement
Employees with a minimum of six months' continuous service who are members of the Naval, Military or Air Force Reserves and whose military service is part-time will be entitled to Military Leave on the following basis:
(a) In respect of annual training where the employee is a member of the:
|Naval Forces - |13 Calendar days on full pay per year |
|Military Forces - |14 Calendar days on full pay per year |
|Air Forces - |16 Calendar days on full pay per year |
Plus If Required
(b) In respect of attendance at a school, class or course of instruction where the employee is a member of the:
|Naval Forces - |another 13 Calendar days on full pay per year |
|Military Forces - |another 14 Calendar days on full pay per year |
|Air Forces - |another 16 Calendar days on full pay per year |
Plus
(c) In cases where the employee's Commanding Officer certifies in writing that it is necessary for that employee to attend for purposes of obligatory training on days additional to those specified in paragraphs (a) and (b) of this sub clause, the employee shall be granted a further period of Military Leave on full pay not exceeding four calendar days in any one year.
(d) The terms "Annual Training", "School, Class or Course of Instruction" and "Obligatory Training" shall be regarded as synonymous for the purpose of determining a employee's entitlement to paid leave.
30.2 Medical Examinations
Employees required to attend medical examinations and tests for acceptance as part-time members of the Defence Force Reserves during working hours, may be granted up to one day's Special Short Leave for the time necessary, subject to production of evidence.
30.3 General
(a) If an employee is required to be absent for military purposes for periods in excess of those provided for above, the employee will need to cover the absence with another type of leave (e.g. recreation leave or leave without pay).
(b) Public Holidays occurring during periods of Military Leave will form part of such leave and will not extend the period of paid Military Leave.
(c) For the purpose of this clause, the year shall be from 1 December in one year to 30 November of the following year.
31. Jury Service Leave
31.1 Entitlement
(a) Employees (other than casual employees) shall be granted special leave on full pay to attend court for jury service upon notification to an authorised employee. Full-time employees and part-time employees will be granted special leave for jury service if they are required on a day(s) they are scheduled to work.
(b) The amount of leave is dependant upon the length of the case.
(c) To be granted special leave on full pay, an employee must fulfil the following requirements:-
(i) the jury service must fall at a time when the employee would otherwise be on duty;
(ii) the employee must not accept jury fees (except travelling and out-of-pocket allowances) for the period of special leave; and
(iii) the employee must provide a certificate from the Sheriff or Registrar of the Court certifying that there has been no payment for jury fees; or
(iv) the employee must repay to the Employer all fees received, other than travelling and out-of-pocket allowances.
(d) Special leave for jury service is not available if: -
(i) the jury service falls during a period of approved absence such as recreation leave, long service leave, roster days, etc.; or
(ii) an application for special leave is lodged without the Sheriff's or Registrar's certificate as to non-payment of fees or the fees have not been repaid to the Employer.
31.2 Payment For Leave
Employees will be paid at their pay point most paid for the twelve (12) months immediately prior to taking the leave, but in any case at a rate no less than the employee's substantive rate at the time of taking leave.
31.3 Acceptance Of Fees For Jury Service
(a) An employee cannot accept fees for jury service if they have been granted special leave.
(b) The Sheriff's Office or the Registrar of the Court will provide a certificate stating the employee did not accept fees. The employee must supply this certificate to an authorised employee on their return to work.
(c) If the employee is granted special leave and accepted fees, those fees must be repaid to the Employer on the employee's return to work.
(d) The fees may be retained by the employee if they elect to take recreation leave, roster days etc. for the period of jury service instead of special leave.
part vi
ALLOWANCES
32. Fares
32.1 Definitions
(a) For the purpose of this clause
"Recognised office or depot" means all premises occupied by the Employer other than temporary construction site accommodation erected on a construction site for the exclusive use of a construction workforce.
"Sent temporarily to work away" means where employees are required to report to another work location other than their recognised office or depot for a specified period which does not contemplate a permanent placement.
"Home" shall mean the place to which the employee returns and sleeps each night whilst employed on a particular job to and from which they are required to travel.
32.2 Entitlement
Employees who go regularly to work at a recognised office or depot will bear the cost of travelling to and from their work.
32.3 Sent Temporarily To Work Away
(a) Employees temporarily sent to work away from their recognised office or depot and not required to report to such office before commencing or ceasing work will be reimbursed the difference between the cost of public transport to their recognised office or depot and any additional out-of-pocket daily fares incurred.
(b) Employees required to travel away from their recognised office or depot and return again during the course of their duties will be reimbursed any necessary out-of- pocket expenses incurred.
33. Travelling Time
33.1 Definitions
For the purpose of this clause:
"Recognised office or depot" means all premises occupied by the Employer other than temporary construction site accommodation erected on a construction site for the exclusive use of a construction workforce.
"District" or "Region" means geographical or operational boundaries determined by the Employer from time to time.
"Sent temporarily to work away" means where employees are required to report to another work location for a specified period which does not contemplate a permanent placement.
33.2 Entitlement
(a) Payment at single rates will be made for all travelling time in excess of one (1) journey to and from work on a working day and outside the employee's usual working hours.
(b) Employees sent temporarily to work away from their recognised office, depot, district or region and required to travel outside ordinary hours, will be entitled to payment for:
(i) The time occupied in travelling to and from the job in excess of one (1) hour for each journey; or
(ii) Travelling time in excess of the time normally spent in travelling between their home and recognised office, depot, district or region if the normal journey is in excess of one (1) hour each way.
Payment will be made at single time rates.
(c) An employee will not be considered to have a recognised office, depot, district or region unless specifically attached thereto for a period of one (1) month.
(d) Travelling time under this clause will not apply to an employee in receipt of expenses or payments as provided in clause 37 - Travel allowances.
34. Overtime Meal Allowances
(a) Subject to (c) below, an employee required to perform duty after and in excess of their usual hours, shall be paid meal allowances on the following basis:
(b) On completion of:
(i) One and one half-hours work after the employee’s usual ceasing time, Monday to Friday inclusive - $18.78;
For each further four (4) hours worked - $3.96.
(ii) Not less than three hours on a Saturday, Sunday or holiday, extending beyond 1.00pm or 6.00pm - $18.78.
For each further four (4) hours worked - $3.96.
(c) When required to commence duty at or before 6.00am Monday-Friday inclusive, which time is at least one hour before their usual starting time - $9.80.
This shall not apply to employees whose hours have been varied in accordance with the sub-clause 12.4 of the Hours of Work clause of this Award.
(d) When recalled to work after their usual ceasing time:
(i) Monday to Friday inclusive upon the completion of the first four (4) hours of overtime worked - $18.78.
(ii) For each further four (4) hours worked - $3.96.
(iii) Except as provided in (i) and (ii) above and works a minimum of three (3) hours overtime, which extends beyond 7.00am - $9.80.
This allowance will not be paid where the employee is in receipt of payments under clause 37 - Travel allowance.
(e) Where the rates are excess to the reasonable amounts determined by the ATO from time to time, the excess will be taxed at the employee’s marginal rate and the whole amount of the allowance will be shown on the employee’s Group Certificate.
35. Fire Fighting Allowance
An employee engaged in fire fighting on behalf of the Employer shall be paid an allowance of $1.14 per hour, whilst so engaged, in addition to their substantive rate.
36. Removal Expenses
(a) An employee required by the Employer to live in a specified locality, who is subsequently transferred to another locality, shall be entitled to reasonable removal expenses, unless such transfer is on account of misconduct.
(b) The employee must obtain three quotations of the cost of removal, and will be reimbursed on the basis of the lowest quotation.
37. Travel Allowance
The provisions of this clause apply to an employee who is required to sleep away from home when travelling on work approved by the Employer.
37.1 Entitlements
(a) Accommodation and Meals Not Provided
(i) Employees required, in the course of their duties, to depart from their homes or place of work, and unable to return on the same day shall be paid the following:
|Capital Cities Incl. Newcastle |Other Than Capital Cities |
|Per day of 24 hours |Per hour up to 15 hours |Per day of 24 hours |Per hour up to 15 hours |
| | | | |
|$175.07 |$11.65 |$124.65 |$8.30 |
(ii) This allowance covers the cost of accommodation and breakfast, lunch or evening meals.
(iii) The amount payable is calculated from the time the employee leaves their place of work or home, whichever is the later, to the time they return to either their place of work or home, whichever is the earlier.
(iv) Where the cost of accommodation and meals unavoidably exceeds the above allowances, the employee shall be reimbursed the actual excess cost.
(v) The employer reserves the right to have regard to the standard of accommodation used and available in the area and to the approval of upper limits of the cost of breakfast, lunch and evening meals where receipts are provided.
(vi) Allowances paid under these provisions may be subject to tax at the employee’s marginal rate and the whole amount of the allowance will be shown on the employee’s Group Certificate.
(b) Accommodation and Meals Provided by Employer
(i) Where the Employer provides an employee with accommodation and meals, the allowance in paragraph (a) above shall not apply.
(ii) The employee shall be paid the following allowance:
Stays in capital cities - $7.30 per day or part thereof;
Stays elsewhere - $9.15 per day or part thereof.
(iii) The employee shall be paid the relevant hourly rate set out in (a) for the time spent travelling on the forward and return journey outside their scheduled hours.
(iv) The above rates may be subject to tax at the employee’s marginal rate and the whole amount of the allowance will be shown on the employee’s Group Certificate.
(c) Accommodation But No Meals Provided by Employer
(i) Where the Employer provides the employee with accommodation but not meals, the allowance in paragraph (a) above shall not apply.
(ii) The employee shall be paid an allowance of $45.70 per day to buy breakfast, lunch and dinner.
(iii) The employee shall be paid the relevant hourly rate set out in (a) above for the time spent travelling on the forward and return journey outside their scheduled hours.
(iv) The allowance payable under this provision may be subject to tax at the employee’s marginal rate and the whole amount of the allowance will be shown on the employee’s Group Certificate.
37.2 Transport
The Employer shall pay the cost of transport or provide transport.
37.3 General
(a) Where an employee is required to work beyond their normal hours overtime may be claimed.
(b) Employees receiving payments under this clause are not entitled to meal allowances.
38. Camping
(a) Where an employee is required to temporarily live at or near the work site the following shall apply:
(i) Where the Employer provides quarters and/or established camping facilities (including cooking and eating facilities) employees will receive:
an allowance of $34.22 for each day the employee is required to camp or live in quarters to cover food, incidentals and general disability
an allowance of $2.30 each day a cook is not provided.
(b) The Employer shall pay the cost of transport to and from the campsite, including weekend trips home.
(c) A meal allowance will not be paid during periods of overtime if the employee is in receipt of camping allowances.
(d) The allowance payable under this provision may be subject to tax at the employee’s marginal rate and the whole amount of the allowance will be shown on the employee’s Group Certificate.
39. Out of Pocket Expenses
(a) Where an employee is required by the Employer to spend their own money they will be entitled to reimbursement. The expense must be approved by the Employer as a necessary work related expense.
(b) Employees will be reimbursed where possible within 24 hours of lodgement of their claim.
(c) The reimbursement is subject to the provision, amendments and rulings of the Income Tax Assessment Act 1997.
40. Tools and Equipment to be Supplied By the Employer
All tools and equipment deemed necessary by the Employer will be made available to employees.
41. Protective Clothing and Uniforms
(a) The Employer shall continue to provide such items of protective clothing as was customarily provided at the time of making this Award and as agreed between the parties.
(b) The Employer will be responsible for the supply and replacement of protective clothing and uniform, as agreed between the parties from time to time.
(c) Employees must use and wear the protective clothing and/or uniforms that are issued to them by the Employer.
(d) Where the Employer requires an employee to wear spectacles with toughened lens, the cost of the process will be paid for by the Employer.
42. Amenities
The Employer will provide suitable facilities, which will include drinking water and sanitation, for all employees appropriate to the location of the work being performed.
43. Renewal of Drivers’ Licences
(a) Drivers' licences issued by the Roads and Traffic Authority will be renewed at the Employer's expense for employees who are required by the Employer to regularly drive motor cars, motor lorries and/or plant as part of their normal duties, and which require the possession of such a licence.
(b) Regular for the purpose of this clause will be held to be three (3) days per week on a week-by-week basis. Employees responsible for authorisation of drivers' licence claims will need to ensure themselves that the claimant will, on average, be driving three (3) days per week
44. Health and Safety of Employees
(a) All parties to this Award are strongly committed to ensuring safety in the workplace and that safety systems of work are implemented and adhered to by individual employees and contractors. We are also committed to timely and effective rehabilitation of injured employees.
(b) Employees will ensure to the best of their ability that workplace hazards are identified and controlled and that safe work practices are followed by themselves and to the best of their ability fellow workers.
(c) Employees and their unions will support and implement all systems designed to achieve a "no injuries" for example, signing work permits and hazard identification and risk assessment processes.
(d) The Employer will
(i) Provide and maintain an appropriate first aid kit at all places of work;
(ii) Display a notice in every recognised office where the first aid kit is normally kept listing the name(s) of persons qualified to provide first aid; and
(iii) Provide safety instructions in respect of any work employees are required to perform and will pay employees as if at work.
(e) The Employer will comply with the Occupational Health and Safety Act 2000 and Regulations and Employer's Standards of Practice as amended from time to time
45. Delegates Rights
(a) Employees elected as a union delegate or employee representative will, upon provision of written proof of the election to the Employer, be recognised as an accredited representative of the Union or the consultative committee to which they belong and in the defined area they are elected to represent.
(b) They will be allowed all reasonable time during working hours to submit to the Employer matters affecting the employees they represent. Such representations should be arranged for times which are convenient to both parties.
(c) Before delegates/consultative committee members move away from their immediate work location to commence work on Union or consultative committee business, they must first obtain the permission of their manager.
(d) Where they wish to meet with Employer's representatives and this will take them away from their immediate work location they should first seek their manager's leave before making such an arrangement.
(e) Delegates/consultative committee members will not enter any other work location for which they are not elected on union or consultative committee business unless the delegate first receives the permission of the relevant manager for that area.
(f) Prior to leaving the immediate work location, delegates/consultative committee members must provide to their manager information regarding the purpose for their departure, the estimated time of absence and telephone contact if practicable. Immediately upon their return from union or consultative committee business they will inform their manager their time of arrival and departure from the location where they were required.
(g) Failure of a delegate/consultative committee member to meet the above provisions will result in the employee concerned forfeiting the right to pay for the period of such absence.
(h) Managers will not unreasonably withhold permission for delegates/consultative committee members to attend to bona fide matters or issues affecting the legitimate industrial interests of the members they are elected to represent. In the same spirit, accredited delegates/consultative committee members should observe the above procedures and recognise the need to balance their absence from the job on Union business/consultative committee business with the requirement for acceptable work performance.
(i) Subject to the provisions of the Industrial Relations Act 1996 (NSW), the opportunity is open for Union officials, delegates or employee representatives (in the defined area so elected) to approach employees at work in respect to enrolment of Union membership.
(j) For the purpose of this clause, "delegate/consultative committee member" will not include Committee of Management or Executive member or Regional Committee members of the Union or Consultative Committee equivalents.
(k) Whilst it is recognised that Committee of Management, Executive members or their Consultative Committee member equivalents are not confined to the specific provisions contained herein it is understood that these provisions will have general application excluding the requirement of sub-clause (a) concerning the area of operation.
(l) The application of the provisions contained herein will apply to members of Regional Committees of the union within their respective regions.
(m) In exercising these rights delegates, Committee of Management, Executive members, Regional Committee members of the Union and consultative committee members and their equivalents will not harass or hinder Employer's employees or employees in the performance of their work.
46. Employees on Union and/Or Consultative Committee Business
(a) Any:
(i) Accredited delegate of a Union respondent to this Award; or
(ii) Employee representative elected to a consultative committee; or
(iii) Employee elected to a union committee of management; or
(iv) Employee acting in any of the above capacities
who takes leave without pay to attend to business for which they have been elected, will not lose any rights which would have otherwise accrued under clause 19 - Recreation leave, and clause 21 - Long Service Leave, of this Award.
part vii
SENIOR MANAGERS
47. Senior Managers
47.1 Application
(a) This clause shall only apply to Senior Managers who are designated by the Employer as such and who have their conditions of employment, other than as provided in this clause, contained within their individual contract in accordance with sub-clause 47.2 below.
(b) This clause shall not apply to the Chief Executive.
47.2 Terms And Conditions
(a) An employee will not be offered a contract of employment as a Senior Manager unless they are paid at pay point 69 or above as appears in the Pay Scale at Schedule 1 of this Award.
(b) Except as provided in this clause, this Award will only apply to Senior Managers for the following:
(i) Recreation leave;
(ii) Recreation leave loading;
(iii) Sick leave;
(iv) Long service leave;
(v) Maternity leave;
(vi) Paternity leave;
(vii) Adoption leave;
(viii) Public holidays;
(ix) Special leave;
(x) Payment of money owing to the employee in case of death;
(xi) Health and safety of employees.
(c) The pay and remaining conditions of employment for Senior Managers will be contained within their individual contracts.
(d) The remuneration package for Senior Managers shall include provisions in relation to at least the following subject matters:
Child Care;
Mortgage;
Travel;
Motor vehicle.
47.3 Alternate Dispute Resolution
(a) In the instance where an employee has raised a grievance with the Chief Executive and it has not been possible to resolve the grievance, the employee or the Employer may approach for assistance a mutually acceptable independent mediator or the Industrial Relations Commission of NSW.
(b) The following matters may be the subject of grievance mediation:
(i) The terms, assessment and the results of the performance agreement referred to in their contract of employment;
(ii) Allegations or concerns as to compliance with the covenants given by the employee in their contract of employment;
(iii) Matters of dispute arising from the application of the SCA Code of Conduct;
(iv) Matters of dispute arising from the application of the SCA discipline policy, except in so far as it relates to the performance issues dealt with in the employee’s contract of employment;
(v) Any allegation or concern by the employee that he/she has been adversely treated in his/her employment, provided that this sub-clause shall not apply in the following circumstances:
Summary dismissal;
The failure to promote or the level of promotion;
Remuneration;
The non-renewal or terms of renewal of this agreement or its successor agreement.
(c) The grievance mediator will not possess the authority to "veto" or "overturn" any decision of the Chief Executive.
(d) The process to be adopted by the grievance mediator will essentially be one of conflict resolution and mediation.
(e) The process will not be of an adversary nature and the parties will not be entitled to legal representation.
(f) The grievance mediator may decline to consider a grievance or a matter.
(g) An employee may nominate the employee’s union or other advisers and may have support persons to assist him/her in the process, but the grievance mediator will determine who will be present and participate in the mediation consultations.
(h) The grievance mediator, if he/she considers it appropriate, may seek the advice and assistance of nay government department, authority, agency or person, including legal advisers, in order to resolve the grievance.
(i) Nothing in this clause shall prevent the union or the Employer from referring any grievance referred to in paragraphs (a) and (b) of this sub-clause to the Industrial Relations Commission of New South Wales.
(j) Where the employee has invoked paragraph (a) of this sub-clause and referred the grievance to the grievance mediator, the Corporation will not take any action to terminate the employee’s employment until the grievance mediator has delivered his/her decision.
47.4 Termination
Termination of employment will not be harsh, unjust or unreasonable.
part viii
CONSULTATION AND DISPUTE RESOLUTION
48. Consultative Procedures
48.1 Principles
(a) Consistent with the objectives of this Award, including the parties’ commitment to co-operate in achieving continuous improvement in the workplace, ongoing organisational reform and enhanced performance, this Award acknowledges the need for management, unions and staff to be fully informed and consulted in relation to matters of mutual interest or concern and the introduction of any organisational or technological change.
(b) Changes to the workplace may occur from time to time as a result of technological change or changing organisational needs. These changes may take the form of re-organisation of the workplace, job design/redesign and the introduction of new technology. The process of change may be ongoing.
48.2 Processes
(a) Discussion with Employees Affected
(i) In developing significant reorganisation proposals, the Employer is required to discuss with employees affected the broad principles involved in the proposals. The Employer will provide as much information as is relevant to enable employees to have an understanding of what is being proposed and how it would affect them.
(ii) The Employer may, in formalising the proposal, make changes as a result of the discussion with relevant employees.
(b) Discussion with the Union/s
(i) The proposals will then be forwarded to the Union(s) involved. Should positions be identified as redundant as a consequence of the implementation of any proposal, the Employer will provide to the Unions clear statements as to why the positions are no longer required.
(ii) During a period of up to four (4) weeks from a Union receiving the Employer's proposals, the Employer will not implement the proposed changes unless otherwise agreed with the Union(s).
(iii) The Employer will be available during the period specified in (ii) above to confer with Unions within the framework and principles of the proposals.
(iv) Unions will have an opportunity of making written submissions or seek to negotiate with nominated Employer's representatives in relation to any alterations or objections they may wish to raise in relation to the proposals.
(v) At the end of the four-week period, the Employer will again consider the proposals, determine the Employer's position and advise the Unions(s).
(c) If issues remain unresolved
(i) If, after all of the procedures in (a) and (b) above have been followed and the matter has not been resolved, the course taken by any party will be a matter for itself to decide.
(ii) Nothing in this clause prevents the Union(s) or the Employer to follow the processes commencing at sub-clause 49.2(b) at Step 4 below.
49. Dispute Resolution Procedures
49.1 Objectives
(a) The objective of these procedures is the avoidance and resolution of any disputes over matters covered by this Award by measures based on the provision of information and explanation, consultation and cooperation and negotiation. Accordingly,
(i) the SCA undertakes to provide relevant information and explanation and to consult with employees and employee representatives on matters covered by this Award; and
(ii) employees and their unions undertake to raise their concerns at an early stage and for providing as much information as possible to assist in an effective resolution.
49.2 Processes
(a) All attempts should be made to prevent or settle matters at the level at which they are raised, wherever possible.
(b) It is the responsibility of the parties to this Award to take reasonable and genuine internal steps to prevent or settle disputes by early and timely consultation and discussion. Where a matter covered by this Award arises, which is of concern to an employee the following procedure will apply. In each instance the steps taken will be aimed at achieving the early settlement of the particular matter in dispute:
Step 1 In the first instance the employee(s) and/or their union representative and their immediate supervisor are to discuss the matter at the workplace level;
Step 2 If the matter is not resolved at the workplace level, further discussions involving the employee(s) and/or their union representative and the relevant General Manager are to be arranged within a reasonable and realistic period of time;
Step 3 If the matter is not resolved at Step 2, further discussions involving the union and a nominated representative of the Employer are to be arranged within a reasonable and realistic period of time for resolution.
Step 4 If a matter has not been resolved through these procedures, the matter may be notified to the Industrial Relations Commission of NSW by either party to the dispute. Matters may only be referred to the Industrial Relations Commission of NSW when all steps in these procedures have been exhausted.
(c) Nothing in paragraph (b) above precludes
(i) the Union(s) and the Employer entering into direct negotiations on any matter, or
(ii) to seek the early involvement of human resources specialists from the People & Quality Group, or
(iii) referring the matter to a mutually agreed third party for mediation at any stage, or
(iv) the matter being immediately handled under Step 3 if that will resolve the matter.
(d) Without prejudice to either the employer or the employees, the parties to this Award must ensure that work continues in accordance with existing custom and practice in the workplace while the procedures in paragraphs 3(b) and (c) are followed. Exceptions to this is where a bona fide occupational health and safety issue is involved employees will not be expected to work in an unsafe environment, but will undertake suitable alternative work until the issue is resolved. An employee must not unreasonably fail to comply with a direction by the Employer to perform other available work, whether at the same workplace or another workplace that is safe and appropriate for the employee to perform.
(e) The above provisions will not apply in the case of a stop-work meeting called for purposes of report-back to a mass meeting of members to consider matters of a general nature provided that the Union(s) gives the Employer 72 hours notice (not including week ends and public holidays) of the meeting being called and provides a contact person to consider matters of life and limb.
(f) Where a dispute is referred to the IRC, NSW and the dispute would be assisted by the presence of a union representative(s), a union representative may be granted leave of absence with pay of up to twelve days in a two year period for attending proceedings in the IRC and reasonable time for preparation, provided that
(i) the Union request the person(s) attendance in writing,
(ii) SCA operating requirements permit the grant of leave; and
(iii) Payment for the leave shall not include penalty payments or overtime.
Any leave approved under this provision shall count as service for all purposes.
part ix
MISCELLANEOUS
50. Savings
Except so far as altered expressly, or by necessary implication, this Award is made on the understanding that all existing privileges and conditions shall continue during the currency of the Award. No rate of pay or condition of employment existing at the date of this Award coming into operation shall be reduced merely as a consequence of this Award.
Schedule 1
RATES OF PAY AND SPECIAL PROGRESSION PAY POINTS
|Col. 1 |Column 2 |Column 3 |Column 4 |Column 5 |Column 6 |
|IPS |IPS Rate of |General |Engineering |Environmental Science |Scientific |
| |Pay p.a. |Diploma |Degree |. |A |B |A |B |
| |Current | | |4 yr Qual |3 yr Qual |4 yr Qual. |3 yr Qual |4 yr Qual |
| |$ | | | | | | | |
|76. |84,584 | | | | | | | |
|75 H. |82,967 | | | | | | | |
|74M |81,384 | | | | | | | |
|73L. |79,831 | | | | | | | |
|72H. |78,307 | | | | | | | |
|71M. |76,818 | | | | | | | |
|70.L |75,354 | | | | | | | |
|69H. |73,920 | | | | | | | |
|68M. |72,513 | | | | | | | |
|67L. |71,135 | | | | | | | |
|66H. |69,785 | | | | | | | |
|65M. |68,455 | | | | | | | |
|64L. |67,158 | | | | | | | |
|63H. |65,885 | | | | | | | |
|62M. |64,633 | | | | | | | |
|61.L |63,411 | | | | | | | |
|60.H |62,212 | | | | | | | |
|59.M |61,032 | | | | | | | |
|58.L |59,880 | | | | | | | |
|57.H |58,748 | | | | | | | |
|56.M |57,638 | | |8 |9 |8 | | |
|55.L |56,554 | | |7 |8 |7 |9 |8 |
|54.H |55,489 | | | | | | | |
|53.M |54,445 | | |6 |7 |6 |8 |7 |
|52.L |53,418 | | | | | |7 |6 |
|51.H |52,414 | | |5 |6 |5 | | |
|50.M |51,429 | | | | | |6 |5 |
|49.L |50,465 | | | | | | | |
|48.H |49,518 | | |4 |5 |4 |5 |4 |
|47.M |48,592 | | | | | | | |
|46.L |47,680 | | | | | | | |
|45. |47,234 | | | | | | | |
|44.H |46,788 | | |3 |4 |3 |4 |3 |
|43. |46,353 | | | | | | | |
|42.M |45,915 | | | | | | | |
|41. |45,486 | | | | | | | |
|40.L |45,056 | |6 | | | | | |
|39 |44,636 | | | | | | | |
|38.H |44,216 | | |2 |3 |2 |3 |2 |
|37. |43,803 | | | | | | | |
|36.M |43,392 | |5 | | | | | |
|35. |42,987 | | | | | | | |
|34.L |42,584 | | | | | | | |
|33. |42,189 | | | | | | | |
|32.H |41,795 | |4 |1 |2 |1 |2 |1 |
|31. |41,406 | | | | | | | |
|30.M |41,015 | | | | | | | |
|29. |40,637 | | | | | | | |
|28.L |40,257 |7 |3 | | | | | |
|27. |39,819 | | | | | | | |
|26.H |39,381 |6 | |Entry |1 |Entry |1 |Entry |
|25. |38,955 | | | | | | | |
|24.M |38,529 |5 |2 | | | | | |
|23. |38,111 | | | | | | | |
|22.L |37,693 |4 | | |Entry | |Entry | |
|21. |37,288 | | | | | | | |
|20.H |36,883 |3 |1 | | | | | |
|19. |36,257 | | | | | | | |
|18.M |35,633 |2 | | | | | | |
|17. |35,032 | | | | | | | |
|16.L |34,430 |1 |Entry | | | | | |
|15. |33,853 | | | | | | | |
|14. |33,274 |Entry | | | | | | |
|13. |32,586 | | | | | | | |
|12. |31,898 | | | | | | | |
|11. |31,059 | | | | | | | |
|10.H |30,219 | | | | | | | |
|9. |29,004 | | | | | | | |
|8. |28,423 | | | | | | | |
|7.M |27,843 | | | | | | | |
|6. |26,412 | | | | | | | |
|5. |24,980 | | | | | | | |
|4. |23,872 | | | | | | | |
|3.L |22,763 | | | | | | | |
|2. |21,773 | | | | | | | |
|1. |20,785 | | | | | | | |
Schedule 2
RATES OF PAY, SPECIAL PROVISIONS (FORMER A.W.T. EMPLOYEES)
|Column 1 |Column 2 |
|Position |Rate of Pay p.a. |
|Number |Current |
| |$ |
| | |
|8360 |34,043 |
|8361 |33,123 |
|8364 |34,043 |
|12520 |34,043 |
|12540 |34,043 |
|12543 |33,123 |
|12544 |34,043 |
|17199 |42,991 |
|17718 |33,123 |
|22426 |76,075 |
|22951 |34,043 |
|23229 |52,915 |
|28037 |61,616 |
|28132 |73,207 |
|28138 |48,136 |
|28139 |48,136 |
|28321 |42,991 |
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1026) |SERIAL C1937 |
TIP TOP BAKERIES (FAIRFIELD) NUW AWARD 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by George Weston Foods P/L (trading as Tip Top Bakeries)
(No. IRC 1600 of 2003)
|Before Commissioner McKenna |27 March 2003 and 30 April 2003 |
AWARD
Part a
ARRANGEMENT
PART A
Clause No. Subject Matter
1. Definitions
2. Contract of Employment
3. Classifications
4. Rates of Pay
5. Allowances
6. Hours of Work
7. Overtime
8. Meal Breaks
9 Public Holidays
10 Leave
10A Personal/Carer’s Leave
11 Occupational Superannuation
12 Introduction of Change
13 Disputes Procedure
14 Consultative Committee
15 Area, Incidence and Duration
16 Rights of Union Members
17 Anti-Discrimination
18 Redundancy
19 Renegotiation
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates of Allowances
1. Definition
In this award:
"Full-time Employee" means a weekly employee engaged to work an average of 38 hours per week.
"Part-time Employee" means a weekly employee engaged to work on a standard roster of hours of less than 38 hours per week.
"Seasonal Employee" means a weekly employee, paid by the hour and engaged for a varying number of hours each week to accommodate seasonal variations in production and sales requirements, with the ordinary hours of work not to exceed 38 hours per week.
"Casual Employee" means an employee paid by the hour and engaged and paid as such with the ordinary hours of work not to exceed 38 hours per week.
"Tradesperson" means a person who has completed an indentured course, relevant to his/her work area.
"Apprentice" means a person who has completed an indentured course, relevant to his/her work area.
"Leading Hand" means an employee appointed as such by the Company and who, while working under supervision, gives instruction to and/or is responsible for work done by other employees.
"Union" means the National Union of Workers, New South Wales Branch.
"Company" means George Weston Foods Limited trading as Allied Bakeries at 311 The Horsley Drive, Fairfield.
"Weekly Employee" means a full-time, part-time or seasonal employee.
2. Contract of Employment
2.1 Employees shall be engaged on a full-time, part-time, seasonal or casual basis.
2.2 Subject to subclauses 2.4 and 2.6 of this clause, the employment of full-time, part-time and seasonal employees may be terminated during the first three months, probationary period, of employment by one day’s notice on either side and after three months completed employment by one week’s notice given on either side at any time during the week, or by the payment or forfeiture, as the case may be, or wages for the required period of notice. Casual employees shall be employed on an hourly basis. Casuals who have worked in the area on a regular basis for three months or more and are appointed to a seasonal or permanent employee shall be exempt from the three months probationary period.
2.3 The Company 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 employment and classification of, or the type of work performed by, the employee.
2.4 Nothing in this award shall affect the right of the Company to dismiss any employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct. Payment for outstanding monies will be made available to the employee at the time of termination, if this is impracticable due to weekend work then it will be made available on the next working day or the earliest possible time.
2.5 An employee not attending for duty shall lose pay for the actual time of such non-attendance, except where such non-attendance is subject to clause 10, Leave, or clause 9, Public Holidays.
2.6 Subject to the said clauses 9 and 10, an employee who is absent without permission from work for a continuous period of three days without reasonable cause shall be deemed to have abandoned employment. Termination of employment by abandonment in accordance with this subclause shall operate from the day of the last attendance at work or the last day’s absence in respect of which consent was granted, whichever is the later.
2.7 Employees are responsible for the care and safekeeping of all issues to them and will return each article to the Company on request or on termination of employment.
2.8 Employees shall perform such work, as the Company shall reasonably require. The employees shall work reasonable overtime, day work and shift work as provided by the terms of this award
2.9 Part-time Employees-
(a) Subject to this subclause, the provisions of this award shall apply to part-time employees.
(b) Part-time employees are entitled to annual leave, long service leave, bereavement leave and jury service in accordance with clause 10, Leave.
(c) Part-time employees are entitled to sick leave in accordance with paragraph (c) of subclause 10.2 of the said clause 10, in the proportion their ordinary hours bear to working 38 hours per week.
(d) Part-time employees when on leave in accordance with clause 10 and for public holidays in accordance with clause 9, shall, subject to leave entitlement, be paid the hours for each day of absence included in their roster.
2.10 Seasonal Employees-
(a) Subject to this subclause, the provisions of this award shall apply to seasonal employees.
(b) Seasonal employees shall accrue annual leave, long service leave and sick leave in the proportion their ordinary hours worked bear to working 38 hours per week and are entitled to leave provisions of clause 10.
(c) Seasonal employees, when on leave in accordance with clause 10 and for public holidays in accordance with clause 9, shall, subject to leave entitlement, be paid the hours for each day of absence included in their roster.
(d) The engagement of a seasonal employee shall be deemed to be continuous, notwithstanding any periods where the employee is neither on leave nor at work, except if the employee is formally advised in writing of termination by the Company or confirmation of resignation or termination by the employee. Periods where the employee is neither on leave nor at work will not count for purposes of accrual of leave entitlements.
(e) The insertion of seasonal employee provisions in this award arises from a desire of the Company, employees and union to promote effective, flexible, permanent employment arrangements, in place of casual employment. The parties will, every three months, review, through the Consultative Committee, the effectiveness of the provision included, with particular reference to the minimum hours worked on a daily and weekly basis, the continuity of work available on a weekly basis, and seasonality and variation of the hours involved. Seasonal will be offered first preference of ordinary hours of work and overtime hours of work before casuals, in line with business requirements.
(f) Seasonal employees shall be entitled to the parental leave provisions as set out in the Industrial Relations Act 1996.
2.11 Hygiene
(a) Food and drink may only be consumed in areas designated by the Company.
(b) Jewellery shall not be worn in any area of production with the exception of plain band ring and sleepers for pierced ears.
(c) Appropriate clothing including head cover must be worn at all times.
(d) Smoking is not permitted within buildings (including covered loading docks) or Company vehicles.
2.12 Training - To facilitate multi-skilling it will be necessary, from time to time, for employees to train other employees on the job. Such teaching will not change the classification or the rate of pay of the teacher unless a formal company-based qualification as a trainer has been obtained.
2.13 Movement of Employees - An employee will, at the request of his/her supervisor, be required to perform any duties within his/her range of skills or abilities and in any area, section or department requiring those skills, including work within a lower classification. During such a transfer, the conditions of work, eg, hours and breaks, applicable within the new area, section or department will apply. This provision shall not affect the requirement for an employee to work no more than five hours without a meal break.
2.14 Cleaning - An employee will maintain his/her equipment and work area in a clean and tidy condition as per Company standard.
3. Classification
Level 1
An employee of Level 1, undertakes, for a period of up to three months, induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, Occupational Health and Safety, food industry hygiene, Equal Employment Opportunity and quality control assurance.
General Description:
An employee at this level performs routine and repetitive duties essentially of a manual nature and, to the level of his/her training:
(1) performs general labouring cleaning duties, including tidying of work area, stacking crates, removing rubbish, etc.;
(2) exercises minimal judgment;
(3) works under direct supervision;
(4) maintains sanitation/hygiene of the work area;
(5) demonstrates good housekeeping procedures;
(6) Undertakes structured training so as to enable him/her to progress to higher levels.
Level 2
An employee on Level 2 has completed structured training so as to enable the employee to perform work within the scope of this level.
General Description:
An employee at this level performs work above and beyond the skills of a Level 1 employee and, to the level of his/her training:
(1) works under routine supervision or instruction, either individually or in a team environment;
(2) understands and undertakes basic quality control assurance procedures including the ability to recognise basic quality deviations/faults;
(3) reads instructions, records activities and utilises basic statistical control procedures.
Indicatives of the tasks which employee at this level may perform are the following:
repetition work on automatic, semi-automatic or single purpose machines or equivalent;
use of selected hand tools;
keeping of simple records;
use of hand trolleys and pallet trucks;
assistance in the provision of on-the-job training;
routine repetitive tasks;
basic customer service and liaison;
maintenance of sanitation/hygiene of work area;
awareness of hygiene and importance of microbiological containment;
basic keyboard skills (employees who are employed under the Award as at June 1999, who do not currently have keyboarding skills, will not be penalised, and if this skill is required, they will be given the opportunity for the appropriate training for the position.)
Production Strand
A Level 2-production employee must be capable of the following:
performing general product handling, labouring and cleaning duties; and
monitoring line operation at a work station for quality and consistency
Packaging Strand
A Level 2 packaging employee must be capable of the following;
maintaining sanitation of area;
loading baskets or cartons;
stacking pallets;
operating wrapping, bagging, packaging machine or thurn ties;
identifying correct wrap (film) bags or packets;
know correct product varieties;
monitoring quality of both product and packaging; and
following orders and production runs.
Level 3
An employee on Level 3 has a general knowledge of the Company’s operations as it relates to producing or packaging processes. Such an employee shall be trained and capable of operating flexibly on more than one workstation.
General Description:
A Level 3 employee performs work above and beyond the skills of an employee at Level 2 and, to the level of his/her training.
(1) is responsible for the quality of his/her own work subject to routine supervision;
(2) works under routine supervision either individually or in a team environment;
(3) exercises discretion within his/her level of skills and training;
4) is trained to operate machinery and equipment required in the performance of his/her work.
Indicative of the tasks which an employee at this level may perform are the following:
relieving despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which goods are ordinarily sold), delivering, documenting and recording of goods, materials and components;
basic inventory control in the context of a production process;
basic keyboard skills;
boiler attendant;
operation of mobile equipment including forklifts, overhead cranes and which operation;
ability to assess product quality and maintain basic statistical records; and
assist in the provision of on-the-job training.
Production Strand
A Level 3-production employee must be capable of the following:
understanding the milling operation;
operating affiliated machinery (Budpak); and
understand the depositors and how to operate and adjust.
Packaging Strand
A level 3 packaging employee must be capable of the following:
understand the penny packers and operating wrappers;
operating affiliated equipment (thurn ties, baggers);
understand the Redetron and Betti packager; and
operate bulk bag sewing equipment.
Level 4
An employee on Level 4 is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the company’s operation as it relates to production, packaging or sales processes. Such and employee shall be trained and capable of operating flexibly on more than one workstation under limited supervision.
General Description:
Indicative tasks performed at this level are:
(1) machine setting, loading and operations and more than one machine;
(2) basic quality checks on work of others;
(3) lubrication of machinery and equipment;
(4) assistance in provision of on-the-job training;
(5) recognition and identification of quality faults, or machine operation faults, rejection of sub-standard products;
(6) exercise keyboard skills.
Production Strand
A Level 4-production employee must be capable of the following:
recognising and weighing ingredients;
monitoring batter quality and adjusting accordingly;
monitoring crumb quality (colour and moisture) and adjusting accordingly; and
understanding the cooking process and operating machinery.
Packaging Strand
A Level 4 packaging employee must be capable of the following:
responsibility for make up and assembly of orders;
checking Orders;
despatching deliveries; and
receiving and checking returns.
Level 5
An employee on Level 5 is required to exercise skills and knowledge above and beyond an employee at Level 4 and to the level of his/her training.
General Description:
Indicative tasks performed at this level are:
understand and apply quality control techniques;
exercise good interpersonal communication skills;
exercise keyboard skills;
exercise discretion within the scope of this grade;
perform work under limited supervision either individually or in a team environment;
perform work which, while primarily involving the skills of the employees training, incidental or peripheral to the primary task and facilitate the completion of the whole tasks; such incidental or peripheral work would not require additional formal technical training;
be able to inspect products and/or materials for the conformity with established operational standards;
be able to evaluate, analyse and recommend changes to work station problems and procedures; and
within the production strand a Level 5 employee has a high understanding of cooking technology and practice, including recipe interpretation and mixing processes and is capable of operating flexibly throughout the production area.
Sound knowledge and understanding of HACCP, ISO 9000 and OH&S requirements and regulations.
Level 6
An employee of Level 6, who may hold a trade certificate, may be responsible for task allocation, work scheduling within a plan, training staff, work performance assessment of staff and recommendations for engagement, termination or promotion of staff.
Such an employee exercises skills, knowledge and discretion above and beyond a Level 5 employee, and to the level of his/her training.
General Description:
Indicative tasks performed at this level are:
is able to set up, operate and adjust all machinery and equipment relevant to his/her work area;
provides guidance and assistance as part of a work team;
exercises discretion within the scope of this level;
works under generic supervision either individually or in a team environment;
understands and implements quality control techniques; and
exercise keyboard skills.
Sound knowledge and understanding of HACCP, ISO 9000 and OH&S requirements and regulations.
Production Strand
A Level 6-production employee must be responsible for any operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).
4. Rates of Pay
4.1 The minimum rates of pay for full-time employees, except apprentices, shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
4.2 Part-time and seasonal employees shall be paid an hourly rate of one thirty-eighth of the appropriate weekly rate of pay.
4.3 The hourly rate for a casual employee shall be calculated by dividing the appropriate weekly rate of pay by 38 and adding ten per cent (casual loading), plus 1/12 holiday loading.
Effective from the first pay period on or after 21 October 2003, the casual loading shall be increased to fifteen percent.
4.4 Junior employees shall receive the wage rate as set out in Table 1, Part B, Monetary amounts, reflective of the classification level for which they are employed.
4.5 Apprentices shall receive the following percentages of the Level 4-wage rate as set out in the said Table 1, depending on the stage of their apprenticeship:
|1st Year |51 percent |
|2nd Year |58 percent |
|3rd Year |67 percent |
|4th Year |82 percent |
5. Allowances
5.1 Early Start - for all ordinary hours worked between 6.00pm and 6.00am, an employee shall be paid at the rate of 30 percent above the ordinary rate of pay.
5.2 Saturday Work - All ordinary hours worked on a Saturday shall be paid at the rate of 50 percent above the ordinary rate of pay.
5.3 Sunday Work - All ordinary hours worked on a Sunday shall be paid at the rate of 100 percent above the ordinary rate of pay.
5.4 Public Holiday Work - All time worked on a public holiday shall be paid at the rate of 150 percent above the ordinary rate of pay.
5.5 First-Aid - An employee appointed by the employer as a first-aid attendant and who is qualified shall be paid the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
5.6 Meal - An employee required to work overtime for two hours or more after finishing time on any day shall be paid the amount as set out in Item 2 of the said Table 2 for meal money, unless 24 hours notice has been given.
5.7 Laundry - Uniforms, where required by the Company, shall be supplied by the employer. Where the employee is required to wear and launder a uniform, the employee shall receive the amount per week extra as set out in Item 3 of Table 2. The Company shall supply three sets of uniforms, as appropriate for the duties performed.
5.8 Leading Hands - An employee, except an employee classified on Level 6, who performs the work of a leading hand shall be paid an allowance, depending on the number of employees supervised, as set out in Item 4 of Table 2.
6. Hours of Work
6.1 The ordinary hours of work for a full-time employee will be an average of 38 hours per week.
6.2 Roster of Hours.
(a) The ordinary hours of work will be notified to each employee full-time, part-time and seasonal and shall specify the hours of work. An employee’s roster shall not be changed without consent, unless seven days’ notice is given, or with agreement by the majority of employees affected.
(b) Any change to the general organisation of hours of work shall be the subject of consultation with the consultative committee and the employees involved or affected and, at their request, the union. Specific consideration will be given to the work requirements, appropriate leisure time arrangements and Occupational Health and Safety. Any disagreement shall be dealt with in accordance with clause 13, Disputes Procedure.
6.3 Daily Limitation of Ordinary Hours -
(a) Full-Time - Ordinary hours shall be worked over not more than five days (which may include Saturday or Sunday) and the number of ordinary hours prescribed herein may not be less than four on any day, or more than 12 on any day.
(b) Casual, Part-Time or Seasonal - The ordinary hours of casual, seasonal or part-time employees shall not exceed 12 per day with a minimum payment on any day of four hours.
(c) Ordinary Hours in Excess of Ten Hours on any Day - Ordinary hours on any day shall not exceed ten hours except where such arrangement has first been considered and agreed upon with the majority of the employees involved, with specific consideration of occupational health and safety, improved leisure time and appropriate work place arrangements.
7. Overtime
7.1 All time worked in excess of 38 hours per week, or in excess of the daily rostered hours, shall be overtime and paid as follows:
(a) All employees-
(i) Monday to Friday - Time and one-half for the first two hours and double time thereafter, calculated on a daily basis.
(ii) Saturday - Shall stand-alone and be paid time and one-half for the first two hours and double time thereafter.
(iii) Sunday - Shall stand-alone and be paid double time.
(iv) Public Holiday - Shall stand-alone and be paid double time and one-half.
7.2 When overtime is worked it shall, wherever reasonably practicable, be so arranged that an employee shall have at least 10 consecutive hours off duty between the work of successive days.
If, on the instruction of the Company, such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid at double time until the employee has had ten consecutive hours off duty without loss of pay, for ordinary hours occurring during such an absence.
7.3 Where overtime is not continuous with the ordinary hours of work there shall be a minimum payment of four hours.
8. Meal Breaks
8.1 Each day’s work shall be worked in an unbroken shift except for meal breaks or refreshments.
8.2 Non-paid meal breaks shall be as arranged between the Company and the employee, but in no case shall the meal breaks of an employee exceed one hour in the aggregate in any one day, and not less than half an hour in any one break, unless mutually agreed by the Company and employee; provided that an employee shall not be required to work more than five hours without a break for a meal, except in emergency situations.
8.3 During any shift of eight hours or more, employees shall be allowed opportunities for a paid refreshment break or breaks of no more than 20 minutes duration in aggregate, and not less than five minutes for any one break, in such manner as to not interfere with the continuous running of the establishment.
9. Public Holidays
9.1 The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day or any other gazetted public holiday are observed and special days appointed by proclamation for the district as public holidays shall be holidays under this award. Employee picnic day (which shall be held on the third Wednesday in February each year or such other day as may be agreed between the employee and the Company) shall also be observed as a holiday. No deduction shall be made from the pay of a weekly employee in any week in which any of the above named holidays fall if the employee is not required to work on any such holidays.
9.2 An employee required to work on any of the holidays named in subclause 9.1 of this clause shall, for all time worked on any such holidays, be paid in accordance with clause 5, Allowances.
9.3 An employee absent without leave on the working day immediately preceding an award holiday or holidays, or on the working day immediately succeeding such holiday or holidays, shall forfeit wages for the days of absence including the holiday or holidays, except where such absence is due to illness of the employee or to another reasonable cause, proof whereof shall be upon the employee.
10. Leave
10.1 Annual Leave -
(a) See Annual Holidays Act 1944.
(b) Payment During Annual Leave - In addition to payments received for annual leave periods, calculated in accordance with the Annual Holidays Act 1944, all weekly employees shall, in addition, be paid a loading the greater of:
(1) 17.5 per cent of their ordinary pay for the period of leave; or
(2) the Early Start, Saturday Work or Sunday Work allowances, payable as set out in subclause 5.1 of clause 5, Allowances, in relation to their roster which would have been worked during the period of leave.
(c) The entitlements prescribed in paragraph (b) of this subclause shall not apply to:
(1) pro rata leave on termination;
(2) accrued leave on termination, except when the employment of an employee is terminated by the Company for reasons other than those prescribed in subclause (v) and (vi) of clause 2, Contract of Employment; and
(3) annual leave taken wholly or partly in advance, provided that the loading shall be paid if and when an employee’s leave entitlement falls due.
(d) In the event of annual leave close-down an employee shall receive the entitlements prescribed in paragraphs (b) and (c) of this subclause on a pro rata basis.
10.2 Sick Leave -
(a) A weekly employee who, after not less than three months’ continuous service with the employer, is unable to attend for duty during the employee’s ordinary working hours by reason of personal illness or personal incapacity not due to the employee’s own serious and wilful misconduct, shall be entitled to be paid at employee’s own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance, subject to the following conditions and limitations:
(1) The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers’ compensation.
(2) The employee shall, as soon as reasonably practicable, immediately notify the Company of an inability to attend for duty and, as far as practicable, state the estimated duration of the absence.
(3) The employee shall provide a doctor’s certificate or proof as required by the Company of an inability, on account of illness or injury, to attend for duty on the day or days for which sick leave payment is claimed.
(4) An employee is entitled to take up to two single days sick leave in any calendar year without the production of a medical certificate.
(5) The employee’s sick leave payments are to be calculated based on the daily hours worked by his/her normal shift (at ordinary time rates of pay).
(b) For the purpose of this clause continuous service shall be deemed not to have been broken by:
(1) any absence from work on leave granted by the Company; or
(2) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall fall upon the employee);
(3) provided that any time so lost shall not be taken into account in computing the qualifying period of three months
(c) A full-time employee shall be entitled to paid sick leave not in excess of:
(1) three and one-third hours for each month of service during the first year of employment.
(2) 48 hours during the second year of employment;
(3) 64 hours during the third year of employment
(4) 80 hours during the fourth and subsequent years of employment
(d) Part-time or seasonal employees are to be paid a proportionate amount of sick pay in accordance with their hours of work.
(e) Sick leave shall accumulate for year to year, subject to continuous employment, provided that an employee shall not be entitled to accumulate sick leave for more than 792 hours from the end of the year in which its accrues.
10.3 Bereavement Leave
(i) An employee shall be entitled to a maximum of three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) below, including the day of the funeral of such relation. In the case of attendance of a funeral of such relation outside Australia, such leave shall be without deduction of pay for a maximum of three days. .
(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death and, if so requested, proof of attendance in the case of a funeral outside of Australia.
(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 10A.1(c)(ii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(iv) Where the death of a named relative herein occurs outside Australia and the employee does not attend the funeral, the employee shall be entitled to one day only, unless they can demonstrate to their employer that additional time up to a period of three days was justified.
(v) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(vi) Bereavement leave may be taken in conjunction with other leave available under the said clause (Personal carers clause). In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
(vii) For the purpose of this clause, the words "wife" and "husband" shall not include a wife or husband from whom the employee is legally separated but shall include a person who lives with the employee as a de facto wife or husband.
10.4 Long Service Leave - See Long Service Leave Act 1955.
10.5 Parental Leave - See Chapter 2, Part 4 of the Industrial Relations Act 1996.
10.6 Workers’ Compensation and Rehabilitation - See Workers’ Compensation Act 1987.
10.7 Jury Service
(a) A weekly employee required to attend for jury service during ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time that would have been worked had the employee not been on jury service.
(b) An employee shall notify the company as soon as possible of the date required to attend for jury service. Further, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
10A. Personal/Carer’s Leave
10A.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 subclause 10.2 , Sick Leave, of clause 10, 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 the 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 the 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, 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 the employee on a bona fide domestic basis;
(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 Company 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 Company by telephone of such absence at the first opportunity on the day of absence.
10A.2 Unpaid Leave for Family Purpose
(a) An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
10A.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 peart thereof, 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 Company 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.
10A.4 Time off in Lieu of Payment for Overtime
For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, the following provisions shall apply
(a) An employee may elect, with the consent of the Company, to take time off in lieu of payment for overtime at a time of 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 over time rates in accordance with the award.
10A.5 Make-Up Time
(a) An employee may elect, with the consent of the Company, 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 Company, 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.
11. Occupational Superannuation
In accordance with the trust deed, employees shall be entitled to join the appropriate Company superannuation fund or industry superannuation fund. Contributions shall comply with legislative and trust deed requirements.
12. Introduction of Change
12.1 Company’s Duty to Notify -
(a) Where the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the company shall notify the employees who may be affected by the proposed changes.
(b) "Significant Effects" include termination of employment; major changes in the composition, operation or size of the Company’s workforce or in the skills required; the elimination of diminution of job opportunities, promotional opportunities or job tenure; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
12.2 Company’s Duty to Discuss Change -
(a) The Company shall discuss with the employees affected the introduction of the changes referred to the subclause 12.1 of this clause, the effects the changes are likely to have on employees, 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 their union in relation to the changes.
(b) The discussions shall commence as early as practicable after a definite decision has been made by the Company to make the changes referred to in subclause 12.1 of this clause.
(c) For the purposes of such discussion, the Company shall provide in writing the employees concerned 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 the Company shall not be required to disclose confidential information, the disclosure of which would be inimical to the Company’ interests.
(d) Furthermore, in the event that the Company was to transfer or re-locate Hotplate production to another site, the Company where practical and possible would hold discussions with employees and the Union at least 3 months prior.
13. Disputes Procedure
Subject to the Industrial Relations Act 1996, any grievance, dispute or claim arising out of or relating to this a ward shall be dealt with the following manner:
(i) Should any matter arise which gives cause for concern to an employee, the employee shall raise the matter with the immediate supervisor.
(ii) If the matter remains unresolved it shall be referred to the union delegate who shall consult with the appropriate representative of the Company.
(iii) If the matter remains unresolved it shall be referred to the Secretary of the union (or representative). This official shall discuss the matter with a senior representative of the Company.
(iv) If the matter remains unresolved it shall be submitted to the Industrial Relations Commission of New South Wales whose decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final.
(v) Whilst the above procedure is being followed, work shall continue as normal in accordance with this award.
(vi) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.
(vii) The parties shall, at all times, confer in good faith and without undue delay.
14. Consultative Committee
A Consultative Committee has been established to help meet the goals of this Site Award.
The Consultative Committee shall consist of:
Four representative elected by the Employees; and
Four representatives appointed by the Company.
The Consultative Committee shall be responsible for meeting once every three months to discuss any issues about the Award as raised by the Company or employees.
15. Area, Incidence and Duration
15.1 Duration
This award shall take effect from the first pay period to commence on or after the 21st day of October 2002 and remain in effect until 21st day of October 2004.
15.2 This Award rescinds and replaces the Tip Top Bakeries (Fairfield) NUW Award 2001, published 1 November 2002 (336 I.G. 1022).
15.3 This award shall prevail over the terms of the following awards (including any awards that replace the following awards) to the extent of any inconsistencies:
(a) The Grocery Products Manufacturing (State) Award, published 1 June 2001 (325 I.G. 38); and
(b) The Pastrycooks &c, (State) Award, published 8 March 2002 (331 I.G. 1307).
16. Rights of Union Members
The Company recognises the right of all employees to become a Member of the Union and to inform the Union of any alleged breach of this award and/or of any industrial legislation, and to receive the assistance of the Union in claiming any benefit to which the employee is entitled under this Award and/or any industrial legislation. Moreover, the Company’s standard "application for employment form" shall contain a section expressly authorising the Company to forward to the Union such details as are required for an application for membership of the Union and also expressly authorising the Company to deduct such amount by way of Union subscriptions as may apply from time to time under the rules of the Union, and to remit such subscriptions to the Union.
The Company shall recognise any duly accredited Delegate/s of the Union where it is advised by the Union that the person concerned has been elected / appointed as the Delegate in accordance with the rules of the Union, and shall afford such Delegate/s reasonable assistance in carrying out their Union duties and functions.
17. 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 carers' responsibilities.
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 form 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 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 the religion that conforms to doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
18. Redundancy
18.1 Where the Company has made a definite decision that it no longer wishes the job an employee has been doing done by anyone and this is not done through the ordinary and customary turnover of labour, and that decision leads to the termination of employment of the employee i.e. excess to requirements, the employee shall be entitled to the following redundancy payments;
Four weeks notice or the payment of the balance between the actual notice given and four (4) weeks.
Four weeks payment (at base rate) for each year of service and uncompleted years will be paid on a pro-rated basis.
The maximum redundancy payment to any employee shall be 60 weeks.
This clause shall not apply to Apprentices or employees engaged for a specific period of time or for a specific task/s.
This clause shall apply to Casuals where they have been engaged to work on a regular and systematic basis for a minimum of 12 continuous months. Payments would be calculated on a pro-rata basis of average ordinary hours worked per week over the last 12 months.
Furthermore, this clause shall not apply where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice.
18.2 Outplacement
Where the employment is terminated on the grounds of redundancy, the Company shall provide the outplacement services to the employee at the company’s expense. The company will discuss the selection and engagement of the provider(s) of outplacement services with the Union prior to their utilisation.
19. Renegotiation
19.1 No later than six months prior to the expiry of this award, the Company, employees and union shall commence a process to review this award. This process shall include:
(a) an exchange of issues, items and matters for review;
(b) opportunity for direct involvement, communication and discussion with and by each employee; and
(c) the establishment of a timetable for conclusion of the review process and reaching a new award prior to expiry date of this award.
19.2 The Company commits to negotiate with the Union (National Union of Workers, New South Wales Branch) for the next agreement covering the Allied Bakeries operations within New South Wales whether located at Fairfield or elsewhere.
PART B
MONETARY RATES
Table 1 - Rates of Pay
| |Amount per week |
|Level |Effective on or after first pay period from: |Effective on or after first pay period from: |
| |21 October 02 |21 October 03 |
| |$ |$ |
|1 |494.40 |514.17 |
|2 |524.35 |545.32 |
|3 |554.32 |576.49 |
|4 |599.35 |623.32 |
|5 |629.31 |654.48 |
|6 |659.28 |685.65 |
Table 2 - Other Rates and Allowances
|Item |Clause |Subject Matter |Amount effective from |Amount effective from |
|No. |No. | |21/10/02 |21/10/03 |
| | | |$ |$ |
|1 |6.5 |First-Aid Allowance |11.47 per week |11.93 per week |
|2 |6.6 |Meal Allowance for | | |
| | |working two or more | | |
| | |hours overtime |9.11 per meal |9.47 per meal |
|3 |6.7 |Laundry Allowance |1.48 per day |1.54 per day |
|4 |6.8 |Leading Hand Allowance | | |
| | |In charge of: | | |
| | |3-10 employees |17.94 per week |18.65 per week |
| | |11-20 employees |30.16 per week |31.37 per week |
| | |21 or more employees |38.64 per week |40.18 per week |
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(802) |SERIAL C1973 |
TEACHERS NON-GOVERNMENT (ENGLISH COLLEGES)
(STATE) AWARD 2003
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The New South Wales Independent Education Union, an industrial organisation of employees and Employers First, an organisation of employers and a State Peak Council for Employers.
(No. IRC 4201 of 2001 and 2611 of 2002)
|Before Mr Deputy President Grayson |9 May 2003 |
AWARD
Part a
1. ARRANGEMENT
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Rates of Pay
4. Classification Disputes
5. Public Holidays
6. Annual Holidays
7. Annual Leave Loading
8. Long Service Leave
9. Lunch Period
10. Union Representatives
11. Sick Leave
12. Personal/Carer’s Leave
13. Other Leave
14. Terms of Engagement and Information to be Provided to Teachers
15. Induction
16. Redundancy
17. Superannuation
18. Anti Discrimination
19 Savings Clause
20. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Schedule A
Schedule B
Schedule C
2. Definitions
For the purpose of this award:
(a) "Bachelor's Degree" means the degree of Bachelor conferred by a recognised university or college of advanced education.
(b) "Casual teacher" means:
(i) a short-term casual teacher who is a teacher engaged by the hour or the day as required by the college for less than four weeks; and
(ii) an extended casual teacher who is a teacher engaged by the hour or the day as required by the college for not less than four weeks and not more than 52 weeks.
(c) "College" means a non-government college, the principal purpose of which is to teach English or which offers a course or courses (among others) of at least five hours instruction per week in English to adult students whose first language is other than English.
(d) "Diploma of Education" means a Diploma of Education conferred by a recognised university or recognised college of advanced education.
(e) "Diploma of Teaching" means a Diploma of Teaching conferred on completing a three-year full-time course or equivalent course by a recognised university, college of advanced education or teachers college.
(f) "ELICOS Association" means the unincorporated association known as ELICOS Association or any incorporated successor to that body.
(g) "Equivalent experience" means experience which the college and the teacher agree is equivalent to experience prescribed by this award or is determined as being equivalent in accordance with clause 4, Classification Disputes.
(h) "Equivalent qualification" means a qualification obtained in Australia or overseas which the employer and employee agree as being equivalent to a qualification prescribed by this award or is determined as being equivalent in accordance with clause 4, Classification Disputes.
(i) "Full-time teacher" means any teacher other than a casual or part-time teacher.
(j) "Higher degree" means a Doctorate or the degree of Master conferred by a recognised university or college of advanced education.
(k) "IEU" means the New South Wales Independent Education Union.
(l) "Part-time teacher" means a teacher who is engaged to work regularly, but has a lesser teaching load than a full-time teacher at the college.
(m) "Proportional calculation" means the teaching load allocated to a part-time teacher at an institution as a proportion of the teaching load usually allocated to a full-time teacher at the same institution.
(n) "Recognised college of advanced education" means an Australian college of advanced education which is recognised as such by any law of a State, Territory or Commonwealth.
(o) "Recognised teachers college" means a teachers education institution, whether or not incorporated as a college of advanced education or contained within a college of advanced education which is recognised as such by any law of a State, Territory or Commonwealth.
(p) "Recognised university" means an Australian university which is recognised by any law of a State, Territory or Commonwealth.
(q) "Relevant institution" means a college which is accredited by the relevant State or Federal authority to provide TESOL courses to adult students, a Technical and Further Education college, the Adult Migrant Education Service, a university or college of advanced education or any other institution conducting an equivalent course in TESOL or modern languages.
(r) "Sessional teacher" means a teacher employed to work full-time or part-time for a specified period or periods of not less than four weeks in one engagement and not more than 40 weeks in any year.
(s) "School" means a school certified or registered as such under the provisions of the relevant legislation in any State or Territory.
(t) "Teach English" means to teach English to adult students whose first language is other than English.
(u) "Teacher" means a person employed as such to teach English or to perform other related academic duties but does not include the Principal or Director of Studies at a college.
(v) "TESOL" means teaching English to speakers of other languages and includes TEFL (teaching English as a foreign language) and TESL (teaching English as a second language).
(w) "Teaching load" means face-to-face teaching, supervision of self access classes and any other duties which may be allocated in substitution for face to face teaching.
3. Rates of Pay
3.1 Calculation of Annual Salary
(a) The minimum annual rate of salary payable to full-time teachers shall be determined having regard to the teacher's qualification and experience as established by the points with which the teacher is entitled to be credited under this clause.
(b) The salary scale is set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
(c) If an employer does not accept (fully or in part) the qualifications or experience of a teacher, the employer shall advise the teacher which qualifications or experience are not accepted (or the extent to which they are not accepted).
3.2 Qualifications
(a) The points for qualifications are:
Table 1
|Qualification |Points |
|Higher degree in Applied Linguistics or TESOL |10 |
|Higher degree in Education or Modern Languages |7 |
|Diploma of Teaching |6 |
|Bachelor's Degree or higher degree in subjects other than those set out above |5 |
Provided that a teacher with a Diploma of Teaching who subsequently obtains a Bachelor's Degree or higher degree in subjects other than those set out above shall be credited with eight points.
Table 2
|Qualification |Points |
|Graduate Diploma in a TESOL course set out in Schedule A to this award |10 |
|Diploma in a TESOL course set out in Schedule B to this award |10 |
|Certificate in a TESOL course set out in Schedule C to this award |6 |
Table 3
|Qualification |Points |
|Diploma of Education (where a teacher also holds a Diploma of Teaching | |
|the points in Table 3 shall not be credited). |3 |
(b) Points are credited for the qualification attracting the highest number of points within a table. The points within a table are not cumulative.
(c) The academic qualifications referred to in this clause shall include equivalent qualifications.
(d) A teacher who is a graduate in education (four-year course) shall be entitled to be credited with eight points provided the teacher shall not be entitled to accumulate further points from Table 1 or Table 3. If the teacher subsequently obtains a higher degree, the teacher shall be entitled to the points for that degree and a further three points.
3.3 Experience
(a) The points for teaching experience are:
|Teaching in |Teaching ESL to |Teaching |Teaching ESL |Teaching |
|schools |primary students |Modern |to secondary |EFL/ESL to |
|or relevant |in schools |Languages |students in |adults in a |
|institutions other | |to secondary |schools |relevant |
|than as set out | |students in | |institution |
|in other columns | |schools | | |
On completion of:
|6 months |- |- |- |- |5 |
|1 year |1 |2 |4 |6 |10 |
|2 years |3 |4 |6 |9 |15 |
|3 years |4 |6 |8 |12 |20 |
|4 years |5 |8 |10 |15 |25 |
|5 years |5 |8 |10 |15 |30 |
|6 years |5 |8 |10 |15 |35 |
|7 years |5 |8 |10 |15 |40 |
(b) Teaching experience means full-time teaching in a school or other relevant institution in Australia to classes of not less than five students. Where a teacher has taught the relevant subject for less than the number of hours normally required to be taught by a full-time teacher at the same institution, points shall be credited by applying the proportional calculation.
(c) Where a full-time or part-time teacher has worked for less than the number of weeks normally required to be worked by a full-time teacher at the same institution over a 12-month period, that teacher shall be credited with points for experience in the proportion that the weeks worked by that teacher bears to the number of weeks normally required to be worked by a full-time teacher at the same institution.
(d) For the purpose only of calculating the service of a casual teacher and no other the following shall apply:
(i) for service at a school or relevant institution (other than a college), the teacher shall accrue points based on the number of full days or equivalent thereof the teacher has taught compared to the number of days normally required to be worked by a full-time teacher at the same institution in a year;
(ii) for service at a college the teacher shall accrue points as follows:
(A) Each daily engagement shall be calculated as one day;
(B) Where a casual teacher is engaged by the hour, every five hours shall be deemed to constitute one day; and
(C) Every 110 days on which a casual teacher has been engaged for a day or deemed day shall be deemed to constitute six months' service.
(e) The maximum number of points that may be awarded is 40. The maximum number of points that may be awarded for teaching experience other than adult EFL or ESL is 15.
(f) The experience referred to in this clause shall include equivalent experience.
(g)
(i) Five points shall be deducted from the experience table for every two years' continuous absence from teaching at a school or relevant institution up to a maximum of half the points which the teacher had accumulated for experience rounded where necessary to the next highest whole figure.
(ii) For the purposes of this provision, a teacher shall be taken to have been absent in a year if the teacher has been engaged as a teacher for less than 40 hours in that year.
(h) Upon a teacher achieving further experience or qualifications which entitle that teacher to an increase in salary, such increase shall be calculated on and from the first pay period after the date the results of the course are announced or the relevant experience was obtained.
3.4 Positions of Special Responsibility
(a) Head Teacher
A teacher who acts as a deputy to the Director of Studies and who has responsibility for the supervision and the administration of course programmes for at least 150 students at one location shall be paid an additional allowance set in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the teacher's normal salary.
(b) Senior Teacher
A teacher who has responsibility for the supervision, co-ordination and administration of a course or programme as defined by the director or the principal shall be paid an allowance set in Item 2 of the said Table 2 in addition to the teacher's normal salary.
3.5 Part-time Teacher
A part-time teacher shall be paid at the same rate as a full-time teacher with the corresponding classification calculated in accordance with the proportional calculation and shall be entitled to all conditions on a pro-rata basis.
3.6 Casual Teachers
(a) A casual teacher shall be paid by reference to a daily rate except where the teacher agrees to be paid an hourly rate.
(b) A casual teacher shall be paid as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates. Except that the maximum step on which a short term casual should be paid is Step 7 (35 points).
(c) The calculation of daily rates for casual teachers is as follows:
|Pay = |Applicable Salary |+ 20 per cent |
| |261 | |
(d) The above rates include the pro-rata payment in respect of annual holidays to which the teacher is entitled under the Annual Holidays Act 1944.
(e) A casual teacher engaged by the hour shall be paid in respect of each hour of attendance at the college other than for timetabled tea and lunch breaks, provided not more than 15 minutes per day shall be deducted for tea breaks. For each hour so engaged a casual teacher shall be entitled to an additional 15 minutes paid time in consideration of preparation time and other non-scheduled teaching duties. A casual teacher and shall be paid for a minimum of two hours for each engagement.
(f) For the purpose only of determining the adjustment of hourly rates, where the Industrial Commission of New South Wales in State Wage Cases increases rates by a flat amount, the flat amount awarded shall be divided by 25 and added to the hourly rate then existing.
(g) If a short-term casual teacher is employed as a casual teacher by a college for a continuous period of service of four weeks or more, that teacher shall be classified as an extended casual teacher and must be paid as such from the commencement of the continuous period of service as a casual teacher.
(h) If a sessional teacher remains in continuous service with a college after that teacher's sessional appointment expires, in the absence of evidence of agreement to the contrary, that teacher shall be classified as an extended casual teacher from the date the sessional appointment expires.
(i) If a sessional teacher remains in continuous service with a college after that teacher's sessional appointment expires and is appointed as a short-term casual teacher, then the ceiling on salary level imposed under paragraph (b) of subclause 3.6 of this clause shall not apply.
3.7 Sessional Teachers
(a) A sessional teacher shall be paid at the same rate as that prescribed for a full-time teacher or part-time teacher, as the case may be, with corresponding qualifications, experience and teaching load.
(b) A sessional teacher shall be entitled to the same conditions as a full-time or part-time teacher, whichever is applicable.
3.8 Continuous Service
(a) One or more engagements of a casual or sessional teacher with a college shall be deemed to be continuous unless more than six days elapse between those engagements provided that any engagement within that six-day period which is only to provide relief teaching for a specific purpose shall be disregarded for the purposes of determining continuity.
(b) When more than six days elapse between engagements, such engagements shall not be regarded as continuous.
4. Classification Disputes
4.1 The following procedure shall be adopted where an issue arises from the recognition, or lack thereof, of a teacher’s qualifications and/or experience (See also paragraph (c) of subclause 3.1 of clause 3, Rates of Pay, and paragraph (b) of subclause 14.1 of clause 14, Terms Of Engagement and Information to be Provided to Teachers.) Whilst the procedures are being followed, the provisional classification pursuant to paragraph (c) of the said subclause 14.1 shall apply.
4.2 Where a teacher does not agree with the classification as set out in the letter of appointment pursuant to the said subclause 14.1, the teacher shall provide to the college evidence of all qualifications and/or experience they seek to be recognised by the college for the purposes of classification.
4.3 The college, upon receipt of such evidence, shall make a fresh determination of the teacher’s classification. If any qualifications and/or experience are not recognised by the college as being appropriate in determining the teacher’s classification, the college shall provide, in writing and within 14 days, reasons why such qualifications and/or experience are not recognised.
4.4 If the teacher is still dissatisfied with the classification, the matter may be referred to the Industrial Relations Commission of New South Wales as a dispute notification pursuant to section 130 of the Act.
4.5 At all stages of the Classification Dispute procedure, a teacher may be represented by the IEU and the college may be represented by an industrial organisation of employers.
4.6 When resolving disputes regarding the determination of "equivalent experience" as defined, the parties to the dispute and/or the Commission:
(a) shall not have regarding to any TESOL experience at institutions which are not accredited by any Government or by and professional body of TESOL institutions where such accreditation is available.
(b) shall have regard to the standard of education of the TESOL institution at the relevant time and may consider:
(i) the qualifications of teachers at the institution;
(ii) the range and level of courses offered at the institution;
(iii) the compliance of that institution with any relevant professional standards, guidelines, regulations or codes applicable to TESOL institutions generally in that location.
4.7 When resolving disputes regarding the determination of "equivalent experience" as defined and/or "equivalent qualifications" as defined, the parties to the dispute and/or the Commission must have regard to the evidence of persons who are recognized by the parties as being widely experienced in the teaching of English.
4.8 At all times the parties to the dispute and/or the Commission shall have due regard to the need to establish and maintain proper professional standards of teaching at colleges in New South Wales.
4.9 The parties to the award undertake to review the operation of this clause over the life of the award.
5. Public Holidays
5.1 No teacher, other than a casual teacher, may be required to work on New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day, the first Monday in August (or such other day as agreed between tan employer and the majority of teachers affected) and any other day gazetted as a public holiday for the State (collectively referred to as public holidays).
5.2 No deduction shall be made from the wages of full-time, part-time or sessional teachers for the days on which public holidays fall. A part-time teacher shall only be paid in respect of those public holidays on which that teacher ordinarily would have been required to work.
6. Annual Holidays
The provisions of the Annual Holidays Act 1944 (the Act) shall apply as a minimum standard.
7. Annual Leave Loading
7.1 Before a teacher is given and takes annual holidays or when by agreement between the employer and the teacher the annual holiday is given and taken in more than one separate period, then, before each of such separate periods, the employer shall pay the teacher a loading determined in accordance with this clause.
7.2 The loading is payable in addition to the pay for the period of holiday given and taken and due to the teacher under the Act.
7.3 The loading is to be calculated in relation to any period of annual holiday to which a teacher becomes entitled or, where such a holiday is given and taken in separate periods, then in relation to each such period.
7.4 The loading is an amount payable for the period or the separate periods as the case may be of 17 1/2 per cent of the weekly rate of pay prescribed from time to time by this award and to which the teacher was entitled immediately before commencing the annual holiday.
7.5 No loading is payable to a teacher who takes an annual holiday wholly or partly in advance, provided that, if the employment of such a teacher continues until the day when the teacher would 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 7.4 of this clause, applying the weekly rate of pay applicable to the teacher, on that day.
7.6 Where in accordance with the Act a college or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the teacher concerned:
(a) the teacher who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 7.4 of this clause;
(b) a teacher 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 the teacher under the Act such proportion of the loading that would have been payable to the teacher under this clause if the teacher had become entitled to an annual holiday prior to the close-down as the teacher's qualifying period of employment in completed weeks bears to 52.
7.7
(a) When the employment of a teacher is terminated by the employer for a cause other than misconduct and at the time of termination the teacher has not been given and has not taken the whole of an annual holiday to which the teacher was entitled the teacher shall be paid a loading calculated in accordance with subclause 7.4of this clause for the period not taken.
(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of a teacher's employment.
8. Long Service Leave
The provisions of the Long Service Leave Act 1955 apply.
9. Lunch Period
A full-time teacher shall be entitled to a minimum of 30 consecutive minutes per working day as a lunch break, during which time the teacher shall not be required to hold meetings, supervise students or undertake any other activity.
10. Union Representatives
10.1 For the purposes of this clause, a union representative shall mean a representative of the union employed as a teacher by the college.
10.2 The college shall permit the union representative in the workplace to post union notices relating to the holding of meetings on a notice board nominated by the college and reasonably accessible to teachers employed by the college.
10.3 The union representative shall be permitted in working hours (other than timetabled teaching time) to interview on union business a representative of the college nominated for that purpose by the college. Such interview shall take place at a time and place convenient to both parties.
10.4 Meetings of union members who are employed at the college may be held on the college premises at reasonable times outside timetabled teaching hours and at places reasonably convenient to both union members and the college.
11. Sick Leave
11.1 Quantum
(a) Full-time teachers shall be entitled to paid sick leave of ten days per annum.
(b) Sessional teachers shall be entitled to paid sick leave in proportion to the total period his or her appointment (excluding any holidays) bears to the number of weeks usually worked by a teacher at the college.
11.2 Other than in respect of the first two days sick leave in any year, a teacher shall, upon request, provide a medical certificate or statutory declaration to the college setting out the nature of the illness and its duration.
11.3 Workers Compensation
(a) Subject to paragraph (b) of this subclause, a teacher shall not be entitled to sick leave for any period in respect of which such teacher is entitled to workers' compensation.
(b) Where the amount payable by way of workers' compensation is less than the salary which would otherwise be payable to the teacher, the college shall make up the shortfall in salary out of sick leave due to that teacher, if any, and debit sick leave owing to the teacher by that amount.
11.4 Accumulation
Untaken sick leave in any year shall accumulate for up to two years to a maximum of 20 days. Sick leave which accrues to a teacher at the commencement of a year of service shall be taken prior to leave which a teacher has accumulated.
11.5 Accumulation in accordance with subclause 11.4 of this clause shall commence in respect of years of service completed after 1 January 1990. Service before 1 January 1989 shall not be taken into account in determining sick leave entitlements under this clause, provided teachers shall retain sick leave accumulated pursuant to their contract of employment prior to the introduction of this award, if any.
12. Personal/Carer’s Leave
12.1 Use of Sick Leave
(a) An employee, other than a causal employee, with responsibilities in relation to a class of person set out in subparagraph (ii) 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 entitlements, provided for in clause 11, 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 stepchild, a foster child or an ex nuptial child), parent (including 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.
12.2 Unpaid Leave for Family Purpose
(a) 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 (ii) of paragraph (c) of subclause 12.1 of this clause who is ill.
12.3 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 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.
12.4 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.
12.5 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.
13. Other Leave
13.1 Paternity Leave
A teacher shall be entitled to one day's leave with pay on the day of his wife's confinement or on the day on which his wife leaves hospital following her confinement. Wife includes de facto wife.
13.2 Adoption Leave
A teacher shall be entitled to one day's leave with pay for the purpose of adopting a child.
13.3 Bereavement Leave
(a) A teacher shall, on the death of a spouse (whether de facto or de jure), father, mother, brother, sister, child or stepchild of the teacher, be entitled to two days' paid leave and one day's unpaid leave, such leave to be taken within seven days of the death or the funeral of such relative. A teacher shall, on the death of a father-in-law, mother-in-law, grandparent or grandchild of the teacher, be entitled to one day's paid leave and two days' unpaid leave, such leave to be taken within seven days of the death or the funeral of such relative.
(b) Upon request by the college, a teacher shall provide the college with satisfactory evidence of such death and the relationship of the deceased to the teacher.
(c) Bereavement leave shall be available to the employee in respect of the death of a member of the employee's immediate family or household, as defined in clause 12, Personal/Carer's Leave.
(d) A teacher shall not be entitled to bereavement leave under this subclause during any period in respect of which the teacher has been granted other leave.
(e) Bereavement leave may be taken in conjunction with other leave available under subclauses 12.1 and 12.2 of the said clause 12. In determining such a request, the employer will give consideration to the circumstances of the teacher and the reasonable operation requirements of the college.
13.4 Examination and Study Leave
(a) Any teacher who, for the purposes of furthering his or her teacher training, enrols in any course approved by the college shall be granted leave:
(i) with pay on the day of any examination required in the course;
(ii) without pay for the purpose of attending any compulsory residential school which is a part of such course.
(b) Upon request, the college may entertain requests from teachers for time off with or without pay for attendances at off-premises courses, seminars or meetings; and payment of fees for programmes which will greatly benefit the college.
13.5 Maternity Leave
See Industrial Relations Act 1996.
13.6 Jury Duty
A teacher required to attend for jury service for any period up to a maximum of 20 working days shall be reimbursed by the college an amount equal to the difference between the amount paid in respect of his or her attendance for such service and the wage he or she would have received if he or she had not been on jury service.
14. Terms of Engagement and Information to be Provided to Teachers
14.1
(a) A college shall provide a teacher other than a short-term casual teacher on appointment with a letter stating, inter alia, the teacher's classification and rate of salary as at appointment, the normal hours that will be required and entitlements to superannuation (and related obligations of the teacher) pursuant to clause 17, Superannuation.
In the case of a sessional teacher and an extended casual teacher, the letter shall also state the length of engagement.
(b) The letter of appointment shall state that, if a teacher considers his or her classification is incorrect on the basis of the credit being given for qualifications or experience, the teacher may have the matter dealt with under the procedures outlined in clause 4, Classifications Disputes, of this award. A college also has an obligation under paragraph (c) of subclause 3.1 of clause 3, Rates of Pay.
(c) Without prejudice to the college or to the teacher's entitlement pursuant to the said clause 4, a college may make a provisional classification.
14.2
(a) Subject to subclause 14.4 of this clause, the employment of a teacher, other than a casual teacher, shall not be terminated without at least four weeks' notice on either side or the payment of or forfeiture of four weeks' salary in lieu of notice.
(b) Subject to subclause 14.4 of this clause, the employment of any extended casual teacher shall not be terminated without:
(i) in the case of continuous service of not less than four weeks and up to eight weeks, at least one week's notice on either side or the payment of or forfeiture of one week's salary in lieu of notice; and
(ii) in the case of continuous service of more than eight weeks, at least two weeks' notice on either side or the payment of or forfeiture of two weeks' salary in lieu of notice.
Provided that, for the purpose of this clause, continuous service shall only include casual engagements.
14.3 Where a course which was previously scheduled to be held by a college has had to be cancelled because of the failure of students to attend or signifying they will fail to attend or the college is otherwise made aware the course will be under-subscribed and therefore have to be cancelled, and such advice was given or information received less than four weeks before the course was due to be held, a period of not less than two weeks' notice of termination of employment of a teacher shall be given.
14.4 The foregoing shall not affect the right of the college to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct.
14.5 Upon the termination of service of a teacher other than a short-term casual teacher, the college shall provide a general statement of service setting out the length of service and range of subjects taught, any position of special responsibility held and any special duties performed by the teacher.
Upon request, a short-term casual teacher shall be provided with a statement of the hours or days, as the case may be, that the teacher has been engaged, provided that, where a short-term casual teacher is being engaged regularly by the same college, such request only shall be made at reasonable intervals.
14.6 Dispute Procedure
(a) A college shall adopt disputes procedures to deal with problems in performance of a teacher of his or her professional duties.
In general, such procedure should include the following elements:
(i) the teacher is informed verbally or in writing, as appropriate, of any complaints about, or problems relating to, the performance of his or her duties; and
(ii) the teacher is assisted to rectify such problems within a specified reasonable timeframe.
(b) Any grievance or dispute which arises shall, wherever possible, be settled by discussion at the workplace level between the teacher or teachers (as the case may be) and the employer. If no agreement is reached between the teacher (or teachers) and the employer, the teacher may request the New South Wales Independent Teachers Association to discuss the dispute with the employer or nominated representative of the employer.
(c) Nothing in this clause shall remove the right of a teacher or employer to refer a dispute to the Industrial Commission of New South Wales pursuant to the Industrial Relations Act 1996. However, the parties agree that, wherever possible, such notification shall not occur until the procedures in paragraph (b) of this subclause have been exhausted.
(d) If a dispute arises from the recognition of a teacher’s qualification or experience, the procedure to be adopted shall be as set out in clause 4, Classification Disputes.
14.7 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.
14.8 Use of Materials
A teacher shall be entitled to retain for his or her personal use copies of material prepared in the course of employment where such material was prepared by the teacher for use only with that teacher's class.
15. Induction
A teacher in his or her first year of employment at a college shall participate in an induction process.
The induction process shall be determined by the employer or the Director of Studies to familiarise the teacher with the policies, procedures and facilities of the college.
16. Redundancy
16.1
(a) This clause shall apply in respect of full-time and part-time persons employed in the classifications specified by this award.
(b) Notwithstanding anything contained elsewhere in this award, the provisions of 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.
(c) 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.
(d) The provision of this clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
16.2. Employer’s Duty to Notify and Discuss
16.2.1 Where the College has made a definite decision to introduce major 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.
16.2.2 The College shall discuss with the employees affected and the union to which they belong the introduction of such changes and the likely effect on the employees and the measures taken to avert or mitigate the adverse effects of such changes.
16.2.3 "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.
16.3. Discussions before Terminations
16.3.1 Where the College has made a definite decision that it no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to the termination of employment, the College shall hold discussions with the employees directly affected and with the union to which they belong.
16.3.2 The discussions shall take place as soon as is practicable after the College has made a definite decision which will invoke the provision of subclause 16.2 of this clause and shall cover, among other matters, 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.
16.3.3 For the purposes of the discussion the College 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 employees normally employed and the period over which the terminations are likely to be carried out. Provided that the College shall not be required to disclose confidential information the disclosure of which would adversely affect it.
16.4. Notice for Changes in Production, Program, Organisation or Structure
16.4.1 This subclause sets out the notice provisions to be applied to terminations by the College for reasons arising from "production", "program", "organisation" or "structure" in accordance with subclause 16.2 of this clause.
(a) In order to terminate the employment of an employee, the College shall give to the employee notice as set out in subclause 14.4 of clause 14, Terms of Engagement and Information to be Provided to Teachers.
In addition, employees over 45 years of age at the time of the giving of the notice with five years' or more continuous service shall be entitled to an additional week’s notice.
(b) 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.
16.4.2 Notice for Technological Change
This paragraph sets out the notice provisions to be applied to terminations by the College for reasons arising from ‘technology’ in accordance with subclause 16.2 of this clause.
(a) In order to terminate the employment of an employee, the College shall give to the employee three months' notice of termination.
(b) 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.
(c) 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, the Annual Holidays Act 1944 or any Act amending or replacing either of these Acts.
16.4.3 Time Off During the Notice Period
(a) During the period of notice of termination given by the College, 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 purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose 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.
16.4.4 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 College until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
16.4.5 Statement of Employment
The College 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.
16.4.6 Notice to Commonwealth Employment Service
Where a decision has been made to terminate employees, the College shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
16.4.7 Department of Social Security Employment Separation Certificate
The College 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.
16.4.8 Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in subclause 16.2 of this clause, 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 College may, at the College’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 rate for the number of weeks of notice still owing.
16.5. Severance Pay
16.5.1 Where an employee is to be terminated pursuant to subclause 16.4 of this clause, subject to further order of the Industrial Relations Commission of New South Wales the College shall pay the following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of service |Under 45 years of age entitlement |
| | |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:
|Years of service |45 years of age and over entitlement |
| | |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(c) "Week's 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.
16.5.2 Incapacity to Pay
Subject to an application by the College 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 16.5.1 of this subclause.
The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph 16.5.1 will have on the employer.
16.5.3 Alternative Employment
Subject to an application by the College and further order of the Industrial Relations Commission, the College may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph 16.5.1 if the College obtains acceptable alternative employment for an employee.
17. Superannuation
(i) The subject of the superannuation contributions is dealt with extensively by legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
(ii) Subject to the requirements of the legislation set out in subclause (i) of this clause, superannuation contributions may be made to:
(a) Non Government Schools Superannuation Fund; or
(b) any other complying fund.
18. Anti-Discrimination
18.1 It is the intention of the parties bound by this award to seek to achieve the objective of 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.
18.2 It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, parties have obligations to take all reasonable steps to ensure that the operations 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.
18.3 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.
18.4 Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempt for 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 on any State or Federal jurisdiction.
18.5 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 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.”
19. Savings Clause
Nothing in this award shall be deemed or construed to reduce the remuneration or conditions of a teacher employed as such prior to the date of operation of this award.
20. Area, Incidence and Duration
This award rescinds and replaces the Teachers (Non-Government English Colleges) (State) Award published 25 August 2000 (318 I.G. 1) and all variations thereof.
It shall apply to all persons employed as teachers by or in a college as defined, provided that the award shall not apply to teachers employed in any recognised school or special school registered under the provisions of the Education Act 1990.
The award shall have effect from 9 May 2003 and remain in force for a period of three years.
(Notation: Some teachers are employed by a college, as defined, which is located within a university or college of advanced education. In such a case, the award will apply to the college but would not apply to employees of the university or college of advanced education.)
PART B
MONETARY RATES
Table 1 - Rates of Pay
(A)
|Step |Points |Effective from |Effective from |Effective from |Effective from |
| | |9/5/03 |9/11/03 |9/5/04 |9/11/04 |
| | |(3%) |(3%) |(4%) |(4%) |
| | |$ |$ |$ |$ |
|0 |0 |32,198 |33,164 |34,490 |35,870 |
|1 |5 |32,838 |33,823 |35,177 |36,584 |
|2 |10 |34,332 |35,362 |36,775 |38,247 |
|3 |15 |36,197 |37,283 |38,774 |40,326 |
|4 |20 |38,062 |39,204 |40,772 |42,402 |
|5 |25 |39,926 |41,124 |42,769 |44,479 |
|6 |30 |41,793 |43,047 |44,769 |46,560 |
|7 |35 |43,658 |44,967 |46,766 |48,637 |
|8 |40 |45,522 |46,888 |48,763 |50,714 |
|9 |45 |47,386 |48,808 |50,760 |52,790 |
|10 |50 |49,254 |50,731 |52,760 |54,871 |
|11 |55 |51,500 |53,045 |55,167 |57,373 |
(B) The rates of pay for casual teachers are set down in the following table:
| |Effective from |Effective from |Effective from |Effective from |
| |9/5/03 |9/11/03 |9/5/04 |9/11/04 |
|Step |Points |Daily |Hourly |Daily |Hourly |Daily |Hourly |Daily |Hourly |
| | |Rate |Rate |Rate |Rate |Rate |Rate |Rate |Rate |
| | |$ |$ |$ |$ |$ |$ |$ |$ |
|0 |0 |148.04 |27.79 |152.48 |28.62 |158.58 |29.77 |164.92 |30.96 |
|1 |5 |150.98 |29.14 |155.51 |30.01 |161.73 |31.21 |168.20 |32.46 |
|2 |10 |157.85 |31.57 |162.58 |32.52 |169.09 |33.82 |175.85 |35.17 |
|3 |15 |166.42 |33.29 |171.42 |34.29 |178.27 |35.66 |185.40 |37.09 |
|4 |20 |175.00 |35.00 |180.25 |36.05 |187.46 |37.49 |194.95 |38.99 |
|5 |25 |183.57 |36.71 |189.07 |37.81 |196.64 |39.32 |204.50 |40.90 |
|6 |30 |192.15 |38.43 |197.92 |39.58 |205.83 |41.17 |214.07 |42.81 |
|7 |35 |200.72 |40.15 |206.75 |41.35 |215.02 |43.01 |223.62 |44.73 |
|8 |40 |209.30 |41.86 |215.57 |43.11 |224.20 |44.84 |233.17 |46.63 |
|9 |45 |217.87 |43.57 |224.40 |44.88 |233.38 |46.67 |242.71 |48.54 |
|10 |50 |226.45 |45.29 |233.25 |46.65 |242.58 |48.51 |252.28 |50.45 |
|11 |55 |236.78 |47.36 |243.89 |48.78 |253.64 |50.73 |263.79 |52.76 |
Table 2 - Other Rates And Allowances
|Item |Clause |Brief |Effective from |Effective from |Effective from |Effective from |
|No. |No |Description |9/5/03 |9/11/03 |9/5/04 |9/11/04 |
| | | |$ |$ |$ |$ |
|1 |3.4(a) |Head Teacher |4,014 |4,134 |4,299 |4,471 |
|2 |3.4(b) |Senior Teacher |2,005 |2,065 |2,148 |2,234 |
SCHEDULE A
GRADUATE DIPLOMA IN TESOL COURSE:
|Graduate Diploma in TESOL (Adult Strand) |Institute of Technical & Teacher Education, Sydney CAE |
The above are of the relevant academic and educational standard and are postgraduate qualifications in TESOL of one year full-time or equivalent which include components of supervised teaching practice and class observation.
SCHEDULE B
DIPLOMA IN TEFL OR TESL COURSE:
|RSA Diploma in TEFLA |Australian College of English Institute of Technical |
| |& Teacher Education, Sydney CAE |
| | |
|ACL Diploma in Adult TESOL |Australian Centre for Languages |
| | |
|RSA Diploma in TESL (FACE scheme) |Brisbane Immigrant Education Centre Western |
| |Australian CAE |
SCHEDULE C
CERTIFICATE IN A TESL, TEFL OR TESOL COURSE:
|ACL Certificate in Adult TESOL |Australian Centre for Languages |
| | |
|RSA Certificate in TEFLA |Australian College of English |
| |International College of English |
| |Milner International College of English |
| | |
|Australian Certificate in TEFLA |Institute of Languages, University of New South |
| |Wales |
| | |
|Postgraduate Certificate in TESOL |Australian College of English |
| | |
|Teaching English to Adult Speakers of Other |Sydney Technical College |
|Languages (TEASOL) | |
The above qualifications are qualifications which:
are of the relevant academic and educational standard;
are designed for native or equivalent to native speakers of English who may not have previous adult TESOL experience; and
include at least 60 hours of content related to language learning, analysis of language, teaching methodology and materials developments; and
include for each candidate at least eight hours of observation of live classes and at least six hours of supervised teaching practice on classes of adult foreign learners.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1685) |SERIAL C1940 |
UNIVERSITY UNIONS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Applications by Employers First, State peak council of employers, and the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(Nos. IRC 6047 of 1996 and 7688 of 2001)
|Before Commissioner Cambridge |17 September and 13 December 2002 |
AWARD
PART A
1. ARRANGEMENT
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classification Structure
4. Terms of Employment
5. Part-Time Work
6. Casual Employees
7. Hours
8. Make-Up Time
9. Meal Break/Rest Pause
10. Wages
11. Mixed Functions
12. Overtime and Penalty Rates
13. Public Holidays
14. Juniors
15. Apprentices
16. Payment of Wages
17. Annual Leave
18. Annual Leave Loading
19. Long Service Leave
20. Parental Leave
21. Sick Leave
22. Personal/Carer’s Leave
23. Bereavement Leave
24. Work Clothes and Safety Equipment
25. Laundry Allowance
26. First-Aid
27. Jury Service
28. Blood Donors
29. Redundancy
30. Supported Wage
31. Training Wage
32. Anti-Discrimination
33. Grievance Handling and Dispute Procedure
34. Exhibition of Award in Workplace
35. Employee Representative and Union Business
36. Exemptions
37. Savings
38. Superannuation
39. Enterprise Bargaining
40. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Appendix A - Training Wage Rates
Table 1 - Weekly Rates - Industry/Skill Level A
Table 2 - Weekly Rates - Industry/Skill Level B
Table 3 - Weekly Rates - Industry/Skill Level C
Table 4 - School Based Traineeships
Table 5 - Hourly Rates for Trainees who have left school
Table 6 - Hourly Rates for school based Traineeships
Attachment A - Industry/Skill Levels
2. Definitions
2.1 "University Union" is a body, being either an incorporated or unincorporated association of members established under the auspices of a University as the principal provider of services as exemplified in 2.2 below, to the university community.
2.2 Examples of "University Union services" include:
operation of food and bar services;
catering and retail facilities;
conferencing and special events;
sporting facilities and programs;
lounge and recreational areas;
social, cultural and recreational activities;
support for student clubs and societies; and
programs which assist in the development of students and other facilities or services required by students and others within the University community.
2.3 "Casual Employee" means an employee who is engaged as such and paid as such.
2.4 "Employee" means an employee whose conditions of employment are regulated by this award.
2.5 "Fixed Term Employee" means an employee who is engaged as a full-time or part-time employee for a fixed period.
2.6 "Full-Time Employee" means a permanent employee who is engaged to work an average of 38 ordinary hours per week in accordance with this award.
2.7 "Part-Time Employee" is defined in Clause 5.
2.8 "Sessional Employee" is defined in subclause 4.3.
3. Classification Structure
3.1 The following classification structure shall apply:
3.1.1 Level One
Is an employee who is:
3.1.1.1 providing general assistance to employees of a higher grade, not including cooking or direct service to customers, and is primarily engaged in one or more of the following:
General cleaning, gardening and labouring tasks.
Cleaning and tidying of kitchens, food preparation and customer service areas, including the cleaning of equipment, crockery and general utensils.
Assembly and preparation of ingredients for cooking.
Setting and/or wiping down tables, removing food plates, emptying ashtrays and/or picking up glasses.
Assisting in social, cultural or sporting events.
Handling pantry items and linen
Progression to Level Two will depend upon successful application and availability of a position.
3.1.2 Level Two
Means an employee who is primarily engaged in one or more of the following:
Undertaking general waiting duties of both food and/or beverages, including cleaning of equipment, preparation of tables and sideboards, clearing tables and taking customer orders at a table.
Supplying, dispensing or mixing of liquor including cleaning of bar area and equipment, preparing the bar for service, taking orders and serving drinks and assisting in the cellar.
Heating pre-prepared meals and/or preparing simple food items, such as sandwiches, salads and toasted foodstuffs.
Taking orders or bookings by telephone or whilst stationed at a fixed ordered point.
Serving food and/or beverages to tables.
Receipt of monies, giving change, operation of cash registers, use of electronic swipe input devices.
Specialised cleaning duties involving the use of specialised cleaning equipment and/or chemicals.
Allocated building, maintenance or gardening duties.
Service from a snack bar, buffet or meal counter;
Greeting and seating guests under general supervision.
Attending a cloakroom.
Assisting with classes and directing leisure, sport and recreational activities.
Receiving, storing and distributing goods not involving the extensive use of documents and records.
Progression to Level Three will depend upon successful application and availability of a position.
3.1.3 Level Three
(a) Food and Beverage Operation / Health, Fitness and Indoor Sports Centre / Miscellaneous
Means an employee who is primarily engaged in one or more of the following:
Preparing and cooking a limited range of basic food items such as breakfasts, grills and snacks.
Receiving, storing and distributing goods not involving the control of the store or cellar.
Waiting duties of food and/or beverages, including providing assistance in choosing the meal and wines by providing detailed information when required of each item listed on menus, advising customers on the appropriate choices of wine and providing information on wine types and all items on the wine list, taking customer orders, serving food and/or beverages, supervises or undertakes the clearing of tables after and during meals, receipt of monies, taking reservations, greeting and seating guests.
Security work requiring the holding of an appropriate license
Instructor who works directly with more qualified staff to provide supervision of a group or individual fitness activity or program, only after commencing a recognised course or undertaking accredited training;
Aerobics instructor undertaking accredited training with less than 12 months experience in the industry;
Recreational/leisure activities, involving the planning, and/or co-ordinating and/or conduct of individual leisure, games, promotional and/or entertainment activities;
Maintaining machinery, plant and technical equipment for routine building and/or grounds maintenance but not possessing the appropriate trade qualifications.
Driving a passenger vehicle or courtesy bus.
Technical assistant including computer room duties, lighting and sound set up.
Assisting in the instruction on a one to one basis of employees of a lower grade.
Progression to Level Four will depend upon successful application and availability of a position.
(b) Shop Assistant
A shop assistant means an employee engaged in a shop, other than a take away food shop or restaurant.
Progression to Level Four will depend upon successful application and availability of a position.
3.1.4 Level Four
Means an employee who is primarily engaged in one or more of the following:
Undertaking general cooking duties; including a la carte cookery, baking, pastry cooking or butchery.
Full control of a cellar, retail or food/beverage outlet; with duties encompassing general purchasing and stock control.
Performing specialist waiting duties in a fine dining or otherwise complex environment such as those performed by a head waiter.
Providing basic supervision and instruction to employees of a lower grade.
Planning and/or co-ordinating of conferences or other banquets.
Aerobics instructor who has undertaken accredited training plus who has a minimum of 12 months of regular employment in the industry.
Non Trade Graphic Art, design and printing
Designing, preparing and serving a range of sophisticated cocktails and other drinks, or duties performed by a head bar person.
Progression to Level Five will depend upon successful application and availability of a position.
3.1.5 Level Five
Means an employee who is primarily engaged in one or more of the following:
Trade work appropriate to an employee’s trade, and who has completed an apprenticeship or who has passed the appropriate trade test such as cookery and printing/graphic arts.
Responsible for supervision, training and co-ordination (including rostering) of employees within their respective work area to ensure delivery of service.
Instructor (including Aerobics instructor) who conducts more than one level or type of class or activity and who may assist in the design and delivery of programs and is capable of assessing participants.
Progression to Level Six will depend upon successful application and availability of a position.
3.1.6 Level Six
Means an employee who is engaged in supervising, training and co-ordinating staff and who is responsible for the maintenance of service and operational standards. Duties may include preparation of operational reports, development of stock control and security procedures, menu planning, staff rostering and staff recruitment and induction, but an employee at this grade shall not have the right to engage or terminate the services of employees.
3.1.7 Level Seven
Is an employee who has completed an apprenticeship or has passed the appropriate trade tests in cookery, butchery, baking, or pastry cooking and has completed appropriate additional training and who is engaged in supervision of other trade qualified cooks.
3.2 Trainee means an employee engaged as a trainee under the Training Wage Clause 31.
3.3 The above levels cover all employees of university union, but not managerial staff whose principal functions are not described in the level descriptions. Where an employee’s duties are not mentioned within these classifications, the employee shall be classified in a level that, by reference to the level descriptors, most closely reflects the skills and responsibilities of the job.
4. Terms of Employment
4.1 Employees shall be engaged on a full-time, part-time or casual basis.
4.2 Full-time and part-time employees may be engaged as a permanent employee, sessional employee or fixed term employee.
4.3 Sessional Employees
4.3.1 Employees may be engaged to work full-time or part-time during University Semester dates as promulgated by the university from time to time.
4.3.2 An employee engaged in a full-time or part-time capacity as a sessional employee is entitled in all other respects to the provisions of this award on a pro rata basis, provided that accrued and untaken leave entitlements will carry forward to the next engagement period.
4.3.3 Subject to Clause 4.3.1, during University examination and recess periods, sessional employees may elect either:
4.3.3.1 not to be available to work during such periods; or
4.3.3.2 to be available for work during such periods in full-time or a part-time capacity; or
4.3.3.3 to be available for work but only in a casual capacity.
4.3.4 During University examination and recess periods, a sessional employee will receive preference over casual employees subject to sufficient work being available to comply with the rostering requirements applicable to their status.
4.4 Upon engagement an employee shall be informed by the employer of:
4.4.1 Whether the employee is to be engaged on a full-time, part-time, sessional or casual basis.
4.4.2 The employee’s classification, job description and the duties to be performed.
4.4.3 The working times including when meal breaks and rest breaks will be taken.
4.4.4 Who will supervise the employee.
4.4.5 The training the employee will receive.
4.4.6 The career path the employee can expect.
4.4.7 Whether the employee starts work on probation (not applicable to apprentices or trainees).
4.5 Leaving Employment
4.5.1 An employer may terminate the employment of a full-time or part-time, employee by giving the amount of notice set out below for the employee's period of continuous employment or by paying the employee the monies the employee would otherwise have earned during this period:
|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 |
4.5.2 Nothing in this clause shall affect the right of the employer to dismiss an employee without notice for misconduct. This may include, but is not limited to, an employee acting dishonestly in employment or an employee failing to carry out a lawful and reasonable direction.
4.5.3 A full-time or part-time employee, when leaving employment, must give the employer at least one week’s notice or forfeit wages for any part of the notice period not worked.
4.5.4 On termination of employment for any reason the employer will give a full or part-time employee a certificate of service stating how long the employee had worked for the employer and what job the employee did.
4.6 Employees shall perform such work as the employer shall, from time to time, reasonably require (including working reasonable overtime) provided the employee is competent to do the work or, if not, the employer is prepared to train the employee to do the work.
4.7 Where an employee is detained at work after the normal finishing time and it is then too late to travel by the employee’s usual transport to go home, the employer shall either arrange transport or repay the employee’s taxi fare.
4.8 Employees shall not be asked to pay any cash shortages unless the employee deliberately failed to charge the customer the full amount or deliberately failed to collect the amount payable.
5. Part-Time Work
5.1 A part-time employee shall mean a weekly employee engaged to work:
5.1.1 not less than 3 hours per day;
5.1.2 not less than 12 hours per week; and
5.1.3 not more than an average of 128 hours over a four week period.
5.2 A part-time employee may agree to different arrangements to those set out in Clause 5.1 by way of a part-time work agreement as provided in the Industrial Relations Act 1996.
5.3 A part-time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full-time employee of the same classification contained in Table 1 of this Award.
5.4 Any hours worked by a part-time employee outside the ordinary hours of work as set out in Clause 7, or in addition to the 38 hours per week shall be paid at overtime rates.
5.5 Subject to this clause, all the provisions of this award shall apply to a part-time employee on a pro rata basis.
6. Casual Employees
6.1 The ordinary daily working hours of casual employees will not be more than 10 hours in any one engagement not including the time taken for meal breaks. By agreement between the employer and the employee, hours per engagement may be not more than 12 including the time taken for meal breaks (employees under 18 years old will not be required to work more than 10 hours in any one shift), without the payment of a penalty under subclause 12.1.
6.2 A casual employee is entitled to a minimum engagement of 3 continuous hours except:
6.2.1 A 1 hour minimum start shall apply where the employee is involved in the presentation or conducting of sports games/training (eg. instructors); or
6.2.2 A $15.00 minimum payment shall apply to a student of the University employed to assist with social, cultural or sporting events, e.g. putting up posters, handing out leaflets, making banners, taking bookings for social, cultural and sports events, selling tickets for band nights and other functions, assisting with quiz nights and other like functions, providing service to students such as hiring equipment, as well as other related functions.
7. Hours
7.1 The ordinary hours of work, exclusive of meal breaks, shall not exceed thirty eight (38) hours per week. These ordinary hours may not be averaged over more than a 4 week period. The span of ordinary hours for shop assistants (as defined in Level 3b) shall be between the hours of 6.00 am to 9.00 pm.
7.2 Full-time and part-time employees will work not more than 5 days per week or, by agreement between the employer and the employee, not more than 20 days in a 4 week period. Provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.
7.3 Rosters
7.3.1 The employer shall display a roster in a place accessible to all employees. The roster shall set out the starting, finishing and meal times for full-time and part-time employees for each week. The roster shall be posted at least seven days before its commencement.
7.3.2 Subject to other clauses of this award, employees must work at such times and on such days as the employer needs them. An employer cannot change the roster of a full-time or part-time employee without giving the employee 7 days notice except in an emergency beyond the employer's control. The employer will discuss any change with the employee and try to take into account the employee’s family and personal needs.
7.4 The ordinary daily working hours of full-time and part-time employees will not be more than 10 hours in any one shift not including the time taken for meal breaks. By agreement between the employer and the employee, an employee, other than an employee under 18 years old, may work up to 12 ordinary hours including the time taken for a paid meal break, without the payment of a penalty under Clause 12.1.
7.5 If a full-time employee works less than 3 hours on a shift the employee will be paid for no less than 3 hours worked.
7.6 Break Between Shifts
Full-time and part-time employees will be given 10 clear hours off between finishing work on one shift (including overtime) and starting work on the next shift, or paid double the employees ordinary rate of pay for all time worked until the employee has had ten clear hours off.
7.7 Broken Shifts
Where an employee works a broken shift the employer will pay the employee for not less than 8 hours worked on any one shift. The shift will be spread over not more than 2 periods within a span of not more than 14 hours inclusive of meal breaks. For each broken shift worked, an employee shall be paid an allowance of one half of the hourly ordinary rate of pay payable from time to time to employees at the level 2 work classification. This subclause does not apply to shop assistants (as defined in Level 3b).
8. Make-Up Time
8.1 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 later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
8.2 An employee on a regular night shift 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.
9. Meal Break/Rest Pause
9.1 An employee who is engaged to work in excess of 5 hours shall be given an unpaid meal break of between 30 minutes and 1 hour. This meal break shall be given after working not more than 5 hours. For full-time and part-time employees, the second meal break will be a paid break, and the employee will be paid a meal allowance for the second break the amount of which is set out in Item 1 of Table 2 of Part B, or be given a meal.
9.2 In addition, employees engaged in the preparing, selling or serving of food, beverages or refreshments:
9.2.1 may agree to work up to six hours without a break for a meal;
9.2.2 shall be provided with a meal when the unpaid meal break is given.
9.3 In addition to a part-time or full-time employee’s meal break(s), such employee will be given a paid rest pause of ten minutes once during each work period of 5 hours.
10. Wages
10.1 Full-Time Employees
10.1.1 Adult full-time employees shall be paid the appropriate minimum weekly wage rate for the employees grade as set out in Table 1 of Part B.
10.1.2 The rates of pay in this award include the adjustments payable under the State Wage Case 2002. The arbitrated safety net adjustment increases may be offset against any equivalent overaward payments.
10.1.3 Wage rates will be calculated to the nearest 10 cents.
10.2 Part-Time Employees
Part-time employees shall be paid in accordance with Clause 5 - Part-Time Work.
10.3 Casual Employees
10.3.1 Casual employees, excluding those engaged as shop assistants (as defined in Level 3b), will be paid for each hour worked 1/38th of the weekly rate for the grade which applies to the employee plus 20%. All overtime and other penalty payments will be calculated on this rate.
10.3.2 Casual shop assistants (as defined in Level 3b) will be paid for each hour worked 1/38th of the weekly rate for the grade which applies to the employee plus 17.5%. All overtime and other penalty payments will be calculated on this rate.
10.3.3 Casual employees are also entitled to be paid 1/12th of the employee’s ordinary pay in accordance with the Annual Holidays Act 1944 (NSW).
11. Mixed Functions
11.1 An employee who is required by the employer to carry out work on a temporary basis that carries a higher rate of pay than the employee’s ordinary classification, shall be paid the higher rate while doing that work. This clause shall not apply to work performed under supervision for training purposes.
12. Overtime and Penalty Rates
12.1 If the employer requires an employee to work:
12.1.1 overtime being for full-time employees more than 38 hours per week or the employer may average these hours over up to a 4 week period;
12.1.2 overtime being more than the ordinary daily working hours set out in 7.4;
12.1.3 on a Saturday (except if the employee works a regular night shift referred to in Clause 12.2);
12.1.4 on a Sunday;
12.1.5 on a public holiday;
the employer will pay the employee extra wages (called a penalty) being:
in the case of 12.1.1 and 12.1.2 time and one half of the ordinary rate of pay for the first 2 hours worked and after that double time,
in the case of 12.1.3 for ordinary hours on Saturday, time and a quarter of the ordinary rate of pay for all time worked,
in the case of 12.1.4 for ordinary hours on Sunday, time and a half of the ordinary rate of pay for all time worked, and
in the case of 12.1.5 for work on a public holiday, two and a half times the ordinary rate of pay for all time worked.
12.2 Where an employee works ordinary hours between midnight and 6.00 am they are to be paid an extra 30% penalty for all time worked during these hours. Notwithstanding the foregoing, if the employee works more than half of a regular shift on any day between midnight and 6.00 am, the employer will pay the employee for all time worked on that shift an extra 30% penalty and paragraphs 12.1.2 and 12.1.3 will not apply to the employee. The above penalties are not payable for work on Sundays and public holidays, or for overtime worked under subclause 12.1.
12.3 Time Off In Lieu of Payment for Overtime
The employee may, with the consent of the employer take time off within 12 months of becoming entitled to these payments instead of being paid with the time off being calculated at the rate of one hour off for every hour worked. Time off not taken within 12 months will be paid out at the overtime rates applying at the time it was earned.
13. Public Holidays
13.1 The days on which the following holidays are observed shall be holidays under this award, namely, New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed a public holiday throughout the State and the picnic day of the union, which shall be held on a day to be determined each year by agreement between the employer and the employees. Provided that where a day is observed either as a picnic day or as an additional day by the general body of employees in any establishment, then such day may be substituted for the picnic day of the union as a holiday for any employees in that establishment entitled to such a picnic day or additional day as a holiday under this award.
13.2 Work performed on a public holiday shall be paid in accordance with Clause 12.
13.3 An employee other than a casual employee who is not rostered to work, and does not ordinarily work, on the day on which a public holiday falls is not entitled to any payment, as the employee will not suffer a loss of pay as a result.
13.4 If an employee, other than a casual employee, is not normally rostered to work regularly on the same days each week and the employee is not rostered to work on a public holiday, the employer will either pay the employee an additional day’s wages, or add a day to the employees annual holiday’s leave, or give the employee another day off on ordinary pay within 28 days after or within one week before that public holiday.
13.5 An employer may not change an employee’s normal rosters to avoid paying the employee for a public holiday.
13.6 If an employee, other than a casual employee, is absent from work on the working day before or the working day after a public holiday without reasonable excuse, the employee shall not be entitled to payment for such a holiday.
14. Juniors
The minimum weekly wage rate for a junior employee shall be calculated by applying the following percentages of the appropriate adult rate for the classification in which the employee is employed:
|Age |% |
| | |
|17 years of age and under |62 |
|18 years of age |70 |
|19 years of age |80 |
|20 years of age |90 |
15. Apprentices
15.1 The minimum weekly wage rate for apprentices shall be calculated by applying the following percentages to the total rate of a Grade 5 employee.
|Four year apprentice cooks |% of Grade 5 |
| | |
|1st year (or equivalent training stage) |46 |
|2nd year (or equivalent training stage) |54 |
|3rd year (or equivalent training stage) |67 |
|4th year (or equivalent training stage) |80 |
"Equivalent training stage" recognises that an employee could receive credit for training undertaken prior to the commencement of the employees apprenticeship or have the ability to accelerate the period of the employees apprenticeship.
15.2 Tool Allowance
An apprentice in cooking who provides the employees own tools shall be paid an allowance set out in Item 2 of Table 2 of Part B.
16. Payment of Wages
16.1 All wages will be paid weekly, or by agreement with the employee fortnightly or monthly, by cheque or electronic funds transfer.
16.2 Wages will be transferred not later than 3 working days following the end of any pay period.
16.3 All wages will be calculated in 15 minute intervals for time worked of less than an hour.
17. Annual Leave
An employee covered by this award is entitled to annual leave in accordance with the Annual Holidays Act 1944 and subsequent amendments to that Act.
18. Annual Leave Loading
18.1 In this clause the Annual Holidays Act 1944 is referred to as 'the Act'.
18.2 Before an employee (other than a casual employee) is given and takes annual leave, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one (1) separate period, then before each of such separate periods, the employer shall pay his/her 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 18.6.
18.3 The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.
18.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each separate period.
NOTE: See subclause 18.6 as to holidays taken wholly or partly in advance.
18.5 The loading is the amount payable for the period of annual leave at the rate per week of seventeen and one half percent (17.5%) of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any amount prescribed for Saturday, Sunday or public holiday loadings or any other allowances, penalty rates, overtime or any other payment prescribed by this award.
18.6 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 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 18.5 of this clause applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.
18.7 Where, in accordance with the Act, an employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned
(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause.
(b) 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/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.
18.8 Where the employment of an employee is terminated by the employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause 18.4 for the period not taken.
18.9 Except as provided in subclause 18.8 no loading is payable on the termination of an employee's employment.
18.10 This clause extends to an employee who is given and takes an annual holiday and who would ordinarily have worked on a weekend, or who might have worked such hours as would qualify for a night shift penalty as described in Clause 12.2. Provided that if the amount to which the employee would have been entitled for weekend or night shift penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the annual leave loading.
18.11 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 between the employer and the employee.
18.12 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.
19. Long Service Leave
An employee covered by this award shall be entitled to long service leave in accordance with the provisions under the Long Service Leave Act 1955 and subsequent amendments to that Act.
20. Parental Leave
See Industrial Relations Act 1996.
21. Sick Leave
21.1 An employee, other than a casual employee, who has worked for the employer for more than one month shall be entitled to up to 38 hours off in the first year of employment and 60.8 hours off in each of the second and subsequent years of employment without loss of pay if the employee is unable to attend work because the employee is ill or has been injured.
21.2 An employee employed by the employer on 15 February, 1993 and who is still employed by that employer may have rights to cash in some or all of any sick leave entitlement accumulated to that date when the employee’s employment terminates, in accordance with the Industrial Relations Act 1996.
21.3 The employee shall, within 24 hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as possible, state the nature of the illness or injury and the estimated duration of the absence. The employee shall furnish to the employer such evidence as the employer reasonably may desire that he/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.
21.4 Sick Leave accumulates from year to year for three years, that is, sick leave not taken in each year of service will be available to the employee for a period of three years from the end of each such year. Provided that the sick leave conditions for shop assistants (as defined in Level 3b) engaged prior to 13 December 2001 will not be changed.
22. Personal/Carer’s Leave
22.1 Use of Sick Leave
22.1.1 An employee, other than a casual, with responsibilities in relation to a class of person set out in Clause 22.1.3.2 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 21, 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.
22.1.2 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.
22.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
22.1.3.1 the employee being responsible for the care and support of the person concerned; and
22.1.3.2 the person concerned being:
22.1.3.2.1 a spouse of the employee; or
22.1.3.2.2 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;
22.1.3.2.3 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
22.1.3.2.4 a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
22.1.3.2.5 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.
22.1.4 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.
22.2 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 class of person set out in 20.1.3.2 above who is ill.
22.3 Annual Leave
22.3.1 An employee may elect, with the consent of the employer and 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 by the parties.
22.3.2 Access to annual leave, as prescribed in paragraph 22.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
22.3.3 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.
22.4 Time Off in Lieu of Payment for Overtime
22.4.1 For the purpose only of providing care and support for a person in accordance with subclause 22.1 of this clause, and despite the provisions of subclause 12.3 the following provisions shall apply:
22.4.2 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.
22.4.3 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.
22.4.4 If, having elected to take time as leave in accordance with paragraph 22.4.2 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.
22.4.5 Where no election is made in accordance with the said paragraph 22.4.2, the employee shall be paid overtime rates in accordance with the award.
22.5 Make-up Time -
22.5.1 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.
22.5.2 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.
23. Bereavement Leave
23.1 An employee, other than a casual employee, shall be entitled to up to three days bereavement leave in each year of employment without deduction of pay on the death of a person prescribed in 23.3 below.
23.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
23.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in 22.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
23.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of which employee has already been granted other leave.
23.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 22.1,22.2, 22.3, 22.4 and 22.5 of Clause 22 - Personal/Carer’s Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
24. Work Clothes and Safety Equipment
24.1 The employer will provide an employee with all necessary safety equipment and clothing. The employee must use/wear these items at all times when necessary and must take good care of them.
24.2 The employer will replace all broken or lost items but the employer can ask the employee to pay the employer back if they are lost or broken because of carelessness of the employee. The onus of proving this will be on the employer.
25. Laundry Allowance
25.1 The employer will launder an employee’s special clothing or pay the employee a laundry allowance the amount of which is set out in Item 3 of Table 3 of Part B.
25.2 Special clothes are those which the employer asks the employee to wear as a uniform and which the employee could not use for everyday wear or, if the employee is a chef or cook, the employees uniform.
26. First - Aid
26.1 An employee nominated by the employer to perform the duties of First Aid Officer shall be paid a weekly allowance as contained in Item 4 of Table 2 - Other Rates and Allowances for each week or per shift as set out in Item 4 of Table 2 - Other Rates and Allowances for each shift the employee is nominated to perform such tasks provided that:
the employee shall keep the certificate in a state of currency; and
shall undertake to keep abreast of new first aid methods relevant to such certificate; and
the employer shall provide training for employees to obtain and maintain a first aid certificate.
27. Jury Service
27.1 A full-time or part-time employee shall be allowed leave of absence during any period when required to attend for jury service.
27.2 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.
27.3 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 employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.
28. Blood Donors
If an employee wishes to donate blood, the employee may do so during working hours without loss of pay provided that:
28.1 The time and day selected meet with the employer’s convenience and does not unduly disrupt the employers operations.
28.2 The employee is able to donate blood at a place within 5 walking minutes of the workplace.
28.3 The employee must provide the employer with proof that the employee donated blood; and
28.4 This entitlement is limited to a maximum of 2 hours on no more than 3 occasions in any one year of employment.
29. Redundancy
This clause only applies to employers which have 15 or more employees (whether employed under this award or otherwise) immediately before taking a decision to make an employee redundant.
If it is necessary to make an employee redundant the employer will:
29.1 Only do so if there is no other job the employer can reasonably give the employee, bearing in mind the employee’s skills and experience and any training that can reasonably be given to the employee.
29.2 Give the employee as much notice as possible and, in any event, not less than the period of notice set out below for the employee’s period of continuous employment:
|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 |
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.
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.
29.3 If the employee accepts a transfer to lower paid duties, maintain the employees higher rate of pay for the period of notice set out in subclause 29.2 above.
29.4 Also give the employee one day a week off without loss of pay for each week of notice set out in subclause 29.2 above to look for another job, provided that the employee tells the employer beforehand details of what the employee will be doing.
29.5 Give the employee a written statement that the employee is to be made redundant, together with details of the employee’s employment record with the employer.
29.6 Pay the employee severance pay in accordance with the following table:
|Years of Service |Number of Weeks Severance Pay |
| |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
|Years of Service |45 Years of Age and Over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
"Week’s 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 paid in accordance with this award.
However, an employer can apply to the Industrial Relations Commission for permission to pay a lower amount if the employee gets another job or if an employer cannot afford to pay all or part of those severance moneys.
30. Supported Wage
30.1 Definitions
30.1.1 "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity with the Supported Wage System.
30.1.2 "Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
30.1.3 "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time or any successor to that scheme.
30.1.4 "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".
30.2 Application
30.2.1 This clause applies only to employees who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged, because of the effects of a disability on the employees productive capacity and who meet the impairment criteria for the receipt of a Disability Support Pension.
30.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of Workers’ Compensation legislation.
30.2.3 This clause does not apply to employers in respect of the employers facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under Section 10 or Section 12A of the Act, or if a part only has received recognition, that part.
30.3 Wages
30.3.1 Following the trial period prescribed in paragraph 31.4.5, employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the relevant parent award for the class of work which the person is performing according to the following schedule:
|Assessed Capacity Rate |% of Relevant Parent Award |
|10% |10% |
|20% |20% |
|30% |30% |
|40% |40% |
|50% |50% |
|60% |60% |
|70% |70% |
|80% |80% |
|90% |90% |
NOTATION: Where a person’s assessed capacity is 10% the person shall receive a high degree of assistance and support.
30.3.2 The minimum weekly ordinary time rate of pay payable to the employee during the trial period shall be no less than $53.00 per week.
30.3.3 Notwithstanding anything otherwise contained in this award, the weekly ordinary time rate of pay for employees employed under the terms of this clause shall not be less than $53.00 or such other amounts as are fixed from time to time by an competent Commonwealth Government Authority for the purposes of the Supported Wage System.
30.3.4 The weekly wage shall be the rate of pay for all purposes.
30.4 Employment Conditions
30.4.1 For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
30.4.1.1 The employer and the union to which the employee belongs, in consultation with the employee or, if desired by an of these:
30.4.1.2 The employer, the employee and an accredited Assessor.
30.4.2 Lodgement of assessment instrument
30.4.2.1 All assessment instruments under the conditions of this award, including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registry of the Industrial Relations Commission of NSW.
30.4.2.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registry to the union by certified mail and shall take effect unless an objection is notified to the Registry within ten working days.
30.4.3 Review of assessment
The assessment of the applicable percentage shall be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.
30.4.4 Workplace adjustment
An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
30.4.5 Trial Period
30.4.5.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provision of this award for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
30.4.5.2 During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
30.4.5.3 Work trials should include induction or training as appropriate to the job being trailed.
30.4.5.4 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subparagraph 30.4.5.2.
31. Training Wage
(1) Objectives
The objective of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this award shall be taken to replace the prescription of training requirements in this Award.
(2) Definitions
Structured Training - means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in Clause 31 (3)(f).
Relevant Union - means the Shop, Distributive and Allied Employees' Association, New South Wales, the Shop Assistants and Warehouse Employees’ Federation of Australia, Newcastle and Northern, New South Wales, and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, New South Wales Branch.
Trainee - is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job. A trainee can be full-time, part-time or school-based.
Traineeship - means a system of training which has been approved by the relevant NSW Training Authority, and includes full-time traineeships and part-time traineeships including school-based traineeships.
Training Agreement - means an instrument which establishes a Traineeship under the Apprenticeship and Traineeship Act 2001. (Note: Under the Apprenticeship and Traineeship Act 2001 a training agreement is also referred to as an indenture).
Training Plan - means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority.
School-Based Trainee - is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.
Relevant NSW Training Authority - means the Department of Education and Training, or successor organisation.
Year 10 - for the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
(3) Traineeship Conditions
(a) The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.
(b) A Traineeship shall not commence until the relevant Training Agreement, has been signed by the employer and the trainee and lodged for registration with the Relevant NSW Training Authority.
(c) The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.
(d) The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.
(e) The employer agrees that the overall training program will be monitored by officers of the Relevant NSW Training Authority and that training records or work books may be utilised as part of this monitoring process.
(f) Training shall be directed at:
(i) the achievement of key competencies required for successful participation in the workplace (e.g. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.
This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or
(ii) the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.
(4) Employment Conditions
(a) A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.
For example, a part-time trainee working 2 ½ days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.
In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty six months.
By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship.
(b) A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.
(c) Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.
(d) A traineeship shall not be terminated before its conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001, or by mutual agreement.
An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.
(e) The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training in accordance with the Training Agreement.
(f) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.
(g)
(i) The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.
(ii) No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Parent Award.
(iii) No Trainee shall work shiftwork unless the relevant parties to this Award agree that such shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.
(iv) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Parent Award.
(h) All other terms and conditions of the this Award that are applicable to the Trainee or would be applicable to the Trainee but for this clause shall apply unless specifically varied by this clause.
(i) A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payment.
The following employment conditions apply specifically to part-time and school-based trainees:
(j) A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full-time trainee. All the provisions of this award shall apply to part-time trainees except as specified in this clause.
(k) A part-time trainee may, by agreement, transfer from a part-time to a full-time traineeship position should one become available.
(l) The minimum daily engagement periods applying to part-time employees specified in the Parent Awards shall also be applicable to part-time trainees.
Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part-time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:
(i) a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or
(ii) the place of work is within a distance of 5km from the employee’s place of residence.
(m) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.
(n) For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.
(5) Wages - Full-time Trainees
(a) The weekly wages payable to full-time trainees are set out in Appendix A, are as follows:
|Industry/Skill Level A |Table 1 |
|Industry/Skill Level B |Table 2 |
|School-Based Trainees |Table 4 |
(b) These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Award.
(c) The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.
(d) For the purposes of this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to
(i) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;
(ii) include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;
(iii) not include any period during a calendar year in which a year of schooling is completed; and
(iv) have effect on an anniversary date being January 1 in each year.
Wages for Part-Time and School-Based Trainees:
(e) This sub clause shall apply to trainees who undertake a traineeship on a part-time basis by working less than full-time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
(f) Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.
(g) The hours for which payment shall be made are determined as follows:
(i) Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part-time trainee on-the-job.
(ii) Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full-time traineeship):
(1) If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
(2) If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
NOTE: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time traineeships.
(iii) Where the normal full-time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.
(h) For traineeships not covered by subclause 5(a) above, the following formula for the calculation of wage rates shall apply:
The wage rate shall be pro-rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:
|Wage = Full-time wage rate x |Trainee hours - average weekly training time |
| |30.4* |
* NOTE: 30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full-time trainees (i.e. 20%) a pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full-time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(i) "Full-time wage rate" means the appropriate rate as set out in Table 1 - Weekly Rates -Industry/Skill Level A, Table 2 - Weekly Rates - Industry/Skill Level B, Table 3 - Weekly Rates - Industry/Skill Level C and Table 4 - School-based Traineeships of Part B, Monetary Rates.
(ii) "Trainee hours" shall be the hours worked per week including the time spent in approved training. For the purposes of this definition, the time spent in approved vocational training may taken as an average for that particular year of the traineeship.
(iii) "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:
|Average Weekly Training Time = |7.6 x 12 |
| |length of the traineeship in months |
NOTE 1: 7.6 in the above formula represents the average weekly training time for a full-time trainee whose ordinary hours are 38 per week a pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
NOTE 2: The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies the parties also note that this would result in the equivalent of a full day’s on the job work per week.
| |
|Example of the Calculation for the Wage Rate For a Part-time Traineeship |
| |
|A school student commences a traineeship in year 11 the ordinary hours of work in the Parent Award are 38. The training agreement |
|specifies two years (24 months) as the length of the traineeship. |
| |
|"Average weekly training time" is therefore 7.6 x 12/24 = 3.8 hours. |
| |
|"Trainee hours" totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1-1/2 hours on |
|the job training plus 2-1/2 hours off the job approved training at school and at TAFE. |
| |
|So the wage rate in year 11 is: |
| |
|$181 x 15 - 3.8 = $66.68 plus any applicable penalty rates under the Parent Award. |
|30.4 |
| |
|The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin |
|year 12 and/or if "trainee hours" changes. |
32. Anti-Discrimination
32.1 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.
32.2 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.
32.3 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.
32.4 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.
32.5 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."
33. Grievance Handling and Disputes Procedure
33.1 Procedures Relating to Grievances of Individual Employees:-
33.1.1 The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
33.1.2 A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
33.1.3 Reasonable time limits must be allowed for discussion and resolution at higher levels of authority.
33.1.4 At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
33.1.5 While a procedure is being followed normal work must continue.
33.2 Procedures Relating to Disputes etc. Between Employers and their Employees:
33.2.1 A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduate steps for further discussion and resolution at higher levels of authority.
33.2.2 Reasonable time limits must be allowed for discussion at each level of authority.
33.2.3 While a procedure is being followed, normal work must continue.
33.3 The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
34. Exhibition of Award in Workplace
The Industrial Relations Act 1996 requires that a copy of this award be exhibited in a conspicuous place at the university union.
35. Employee Representative and Union Business
The employer will recognise any delegate elected in accordance with the rules of the appropriate trade union. The employer will provide a Notice Board in a staff area for the delegate to place notices.
36. Exemptions
36.1 Except as to the provisions of subclause 13.1, 13.2, 13.3 of Clause 13 - Public Holidays, Clause 17 - Annual Leave, Clause 21 - Sick Leave, Clause 22 - Personal/Carer’s Leave, Clause 23 - Bereavement Leave, Clause 20 - Parental Leave, Clause 27 - Jury Service, Clause 29 - Redundancy and Clause 38 - Superannuation, this award shall not apply to employees employed by the week who are in receipt of a weekly wage in excess of 15% above the rate set out in Table 1 - Wages of Part B, Monetary Rates for the highest grade in this award - provided that the wage is not inclusive of overtime payments and/or shift allowances due to the employee under this award.
This provision shall not be taken to effect any right to make other salary arrangements.
37. Savings
37.1 Employees engaged as at 13 December 2001 at a rate of pay or associated conditions from the Club Employees (State) Award published 20 October 2000 (319 I.G. 589) or the Security Industry (State) Award published 2 November 2001 (329 I.G. 1):
37.1.1 shall not have this rate of pay or conditions reduced as a result of the coming into force of this award;
37.1.2 future State Wage Case increases will not be absorbed into the rate of pay from that award.
37.2 Stop work arrangements currently operating pursuant to the Club Employees (State) Award will not be affected by the operation of this award.
37.3 Except by agreement, no other existing employee shall lose income as a result of the coming into force of this award.
37.4 Except by agreement, no existing full-time, part-time or casual employee will be made a sessional employee.
37.5 No existing part-time employee working less than 12 hours per week shall be required to work a minimum of 12 hours per week.
38. Superannuation
The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth) and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
39. Enterprise Bargaining
39.1 The Industrial Relations Commission of New South Wales may approve enterprise agreements arising from this process pursuant to Part 2 - Division 1 of the Industrial Relations Act 1996.
39.2 Where any University Union or trade union indicate that they wish to negotiate an Enterprise Agreement in order to identify areas where improvements to conditions of employment and the efficient operation of the enterprise can be made, the parties shall attend meetings they have agreed to attend, provide documentation they have agreed to provide, and comply with agreed or reasonable negotiating procedures.
39.3 In negotiations for a proposed Enterprise Agreement, the parties will consider matters such as workplace reform, productivity and efficiency.
40. Area, Incidence and Duration
40.1 This award applies to University Unions and their employees for the work described in the classification structure, except:
(1) persons employed under the Miscellaneous Workers' - Kindergartens and Child Care Centres, &c., (State) Award published 22 June 2001 (325 IG 652), the Motels Accommodation and Resorts &c., (State) Award published 31 August 2001 (327 I.G. 244) and the University of Newcastle Union Food and Beverage Staff (State) Award published 28 September 2001 (328 IG 160);
(2) persons performing work covered by the Clerical & Administrative Employees (State) Award published 14 February 1997 (296 I.G. 619)other than the work within the constitutional coverage of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch and the Shop, Distributive and Allied Employees' Association, New South Wales;
(3) employees under a federal industrial instrument;
(4) employees of a student representative council or sport and recreation association at a university campus where there is also a university union.
(5) employees of the University of Western Sydney, Campbelltown Campus Student’s Association.
(6) work performed at locations other than at the University Campus, unless that work is primarily for the benefit or services and use of University Union members.
40.2 This award rescinds and replaces the University Unions Interim (State) Award made 29 April and 24 May 2002.
40.3 This award takes effect from the beginning of the first pay period to commence on or after 17 September 2002 and shall remain in force for a period of twelve months.
PART B
MONETARY RATES
Table 1 - Wage Rates
|Level |From the first pay period on or after 17 September 2002 |
| |Per Week |
| |$ |
|1 |438.30 |
|2 |455.30 |
|3(a) |480.90 |
|3(b) |489.80 |
|4 |499.60 |
|5 |534.00 |
|6 |574.60 |
|7 |595.90 |
Table 2 - Other Rates And Allowances
|Item. |Clause |Brief Description |Amount |
|No |No. | |$ |
|1 |9.1 |Meal Allowance |9.40 |
|2 |15.2 |Apprentices Tool Allowance |0.57 per week |
|3 |25.1 |Laundry Allowance; | |
| | |- special clothing requiring ironing |2.72 per day to a maximum |
| | | |of 8.10 per week |
| | | | |
| | |- special clothing not requiring ironing |1.60 per day to a maximum |
| | | |of 4.90 per week |
|4 |26.1 |First-Aid Allowance |8.30 per week |
| | | |1.66 per shift |
APPENDIX A
TRAINING WAGE RATES
Table 1 - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.
| |Highest year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School leaver |200.00 |219.00 |265.00 |
|Plus 1 year out of school |219.00 |265.00 |309.00 |
|Plus 2 years |265.00 |309.00 |359.00 |
|Plus 3 years |309.00 |359.00 |410.00 |
|Plus 4 years |359.00 |410.00 | |
|Plus 5 years or more |410.00 | | |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 2 - Weekly Rates - Industry/Skill Level B
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.
| |Highest year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School leaver |200.00 |219.00 |255.00 |
|Plus 1 year out of school |219.00 |255.00 |294.00 |
|Plus 2 years |255.00 |294.00 |345.00 |
|Plus 3 years |294.00 |345.00 |392.00 |
|Plus 4 years |345.00 |392.00 | |
|Plus 5 years or more |392.00 | | |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 3 - Weekly Rates - Industry/Skill Level C
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.
| |Highest year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School leaver |200.00 |219.00 |247.00 |
|Plus 1 year out of school |219.00 |247.00 |278.00 |
|Plus 2 years |247.00 |278.00 |311.00 |
|Plus 3 years |278.00 |311.00 |347.00 |
|Plus 4 years |311.00 |347.00 | |
|Plus 5 years or more |347.00 | | |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 4 - School-Based Traineeships
| |Year of Schooling |
| |Year 11 |Year 12 |
| |$ |$ |
|School based traineeships Skill Levels A, B and C |200.00 |219.00 |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 5 - Hourly Rates For Trainees Who Have Left School
|Skill Level A |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School leaver |6.58 |7.20 |8.72 |
|Plus 1 year after leaving school |7.20 |8.72 |10.16 |
|Plus 2 years |8.72 |10.16 |11.81 |
|Plus 3 years |10.16 |11.81 |13.49 |
|Plus 4 years |11.81 |13.49 | |
|Plus 5 years or more |13.49 | | |
|Skill Level B | | | |
|School leaver |6.58 |7.20 |8.39 |
|Plus 1 year after leaving school |7.20 |8.39 |9.67 |
|Plus 2 years |8.39 |9.67 |11.35 |
|Plus 3 years |9.67 |11.35 |12.89 |
|Plus 4 years |11.35 |12.89 | |
|Plus 5 years or more |12.89 | | |
|Skill Level C | | | |
|School leaver |6.58 |7.20 |8.13 |
|Plus 1 year after leaving school |7.20 |8.13 |9.14 |
|Plus 2 years |8.13 |9.14 |10.23 |
|Plus 3 years |9.14 |10.23 |11.41 |
|Plus 4 years |10.23 |11.41 | |
|Plus 5 years or more |11.41 | | |
Table 6 - Hourly Rates For School-Based Traineeships
| |Year of Schooling |
| |Year 11 |Year 12 |
| |$ |$ |
|Skills levels A, B and C |6.58 |7.20 |
ATTACHMENT A
INDUSTRY/SKILL LEVELS
Industry/Skill Level A - Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B - Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C - Community Services and Health
Pastoral
Environmental
Wholesale and Retail
I. W. CAMBRIDGE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1690) |SERIAL C1971 |
READYMIX HOLDINGS PTY LIMITED NEWCASTLE CONCRETE (STATE) AWARD 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Readymix Holdings Pty Limited
(No. IRC 2023 of 2003)
|Before The Honourable Mr Deputy President Harrison |24 April 2003 |
AWARD
1. Title of Award
This Award shall be known as the Readymix Holdings Pty Limited Newcastle Concrete (State) Award 2002.
2. Arrangement
Clause No. Subject Matter
1. Title of Award
2. Arrangement
3. The Enterprise(s)
4. Parties to the Award
5. Relationship to Parent Awards
6. Term of Award
7. No Extra Claims
8. Review of Award
9. The First, Second and Third Awards
10. Awareness Training
11. Disputes Procedure
12. Truck Allocation
13. COD’s
14. Batcher Training
15. Administration
16. Sick Leave
17. Personal/Carer’s Leave
18. Remuneration Adjustment Stages
ANNEXURE A
ANNEXURE B - Remuneration Rates and Allowances
3. The Enterprise(s)
This Award shall apply at sites operated by Readymix Holdings Pty Limited Newcastle and Central Coast which are set out in Annexure A in respect of employees covered by the following award:
Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award published 12 January 2001 (321 I.G. 546).
4. Parties to the Award
This Award shall be binding on:
(a) Readymix Holdings Pty Limited Country East (Newcastle and Central Coast) at sites set out in Annexure A to this Award (hereafter "the Company").
(b) The Australian Workers Union (AWU) New South Wales.
5. Relationship to Parent Awards
1. This Award shall be read and construed in conjunction with the following award:
Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award.
2. Where there is inconsistency between the award in 1 above and this award, this award shall prevail to the extent of the inconsistency.
6. Term of Award
This Award shall come into operation on and from the first full pay period to commence on or after 24 April 2003 and shall remain in force for a term of 2 years.
7. No Extra Claims
Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases that are not subject to absorption, there shall be no further claims for remuneration increases during the term of this award.
8. Review of Award
The parties agree to review this award no later than twelve weeks prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award, based on continuous improvement and other agreed measures.
9. The First, Second and Third Awards
The parties to this award agree that the output and improvements in productivity and efficiency made from the awards known as:
CSR trading as The Readymix Group - Newcastle Concrete Enterprise Bargaining Framework (State) Award 1996, published 25 July 1997 (300 I.G. 80) (the first award),
CSR Ltd Trading as The Readymix Group - Newcastle Concrete (State) Award 1998, published 17 May 2002 (333 I.G. 691) (the second award), and
CSR Ltd trading as The Readymix Group Newcastle Concrete (State) Award 2000, published 18 January 2002 (330 I.G. 947)
shall be the starting point for further improvements outlined in this award.
Provisions of the first, second and third awards shall continue to operate as if they were provisions of this award unless specifically deleted or varied by this award.
10. Awareness Training
All employees covered by this award shall be provided with general awareness training on enterprise bargaining.
The content and providers of this training shall be mutually acceptable to the parties to this award.
Wherever practicable awareness training will be conducted in ordinary time hours.
The Company shall pay for the awareness training and employees shall be paid in accordance with the relevant parent award while attending such training.
The duration and timing of the training sessions should be structured so as to minimise their effect on the continuous operation of the Company’s activities and customer service.
11. Disputes Procedure
1. Procedures relating to grievances of individual employees:
(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee’s grievance; if the matter has not been resolved it shall be referred to the Industrial Relations Commission for resolution.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
2. Procedures relating to disputes etc, between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employee may be represented by an industrial organisation of employees for the purpose of each procedure.
12. Truck Allocation
The central truck allocation procedures developed as part of the first and second awards for the efficient allocation of trucks shall remain. This procedure shall continue to provide excellent customer service whilst maximising utilisation of vehicles.
13. COD’s
Batchers shall ensure that they comply with the Company policy regarding cash on delivery sales.
14. Batcher Training
Employees undertake to co-operate and complete all training relevant to the performance of their jobs, including revised batcher training.
15. Administration
Batchers shall co-operate with Company initiatives to ensure continuous improvement is maintained in all areas, particularly in minimising the incidence of pricing errors. A quarterly audit will provide feedback on areas of administration.
16. Sick Leave
A doctor's certificate is to be provided if a sick day is taken on either side of a long weekend, RDO's, or annual leave.
In the event that the Company identifies individuals with an absenteeism problem, the Company may require the individuals concerned to produce a doctor’s certificate as part of the counselling and disciplinary procedure. In any event no employee is to take more than two single day’s absences without satisfactory proof of illness.
17. Personal/Carer’s 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, 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 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.
2. Unpaid Leave for Family Purposes -
(a) 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 i) of paragraph c) 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 by the parties.
(b) Access to annual leave, as prescribed in paragraph a) of this subclause, shall be inclusive 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.
4. 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 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.
5. 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 employer.
(d) This subclause is subject to the employer informing the union where it 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 to participate in negotiations.
18. Remuneration Adjustment Stages
1. Remuneration is as detailed in Annexure B of this award.
2. This award shall be divided into two separate stages for remuneration increases:
Stage 1: Upon expiry of the CSR Limited trading as Readymix Holdings Pty Limited - Newcastle Concrete (State) Award 2000 a 3% increase shall be paid to employees the subject of this award.
Stage 2: 12 months after the payment of Stage 1 above, a further 3% shall be paid to the employees the subject of this award.
3. Salary Sacrifice of Superannuation Contributions
(a) Remuneration may be made up entirely of wages or, at the option of an employee (other than a casual employee) and subject to the employer’s agreement, wages and a superannuation contribution to the CSR Australian Superannuation Fund (CSR Super). Wages and Superannuation are the two components which will make up remuneration. The sum allocated to each component will be negotiated initially between the employer and the employee and thereafter renegotiated in accordance with this clause.
(b) Should the employer make a superannuation contribution in accordance with this clause, it shall not, to the extent of that contribution, be liable to pay wages to the employee under this award.
(c) The opportunity for an employee to initially negotiate the components of remuneration as per a) above shall be in accordance with procedures determined by the employer and can only be changed in accordance with the company procedures during the period specified. Thereafter, the opportunity to renegotiate with the employer the components of remuneration as per a) above shall be available once a year at a time and in accordance with procedures determined by the employer, and can only be changed in accordance with the Company procedures during the period specified. In the event that changes in legislation, the Income Tax Assessment Act 1997, tax office rulings or determinations remove or alter the Company’s capacity to maintain the salary sacrificing arrangements pursuant to this agreement, the Company will be entitled to withdraw from these arrangements by giving notice to each affected employee.
Annexure a
THIS AWARD SHALL APPLY AT THE FOLLOWING SITES:
|Wyong Concrete Plant |Tighes Hill Concrete Plant |
|Lot 18 Pavitt Crescent |Industrial Drive |
|NORTH WYONG |TIGHES HILL |
| | |
|Teralba Concrete Plant |Salamander Bay Concrete Plant |
|Pitt Street |Muller Road |
|TERALBA |SALAMANDER BAY |
| | |
|Sandgate Laboratory |Raymond Terrace Concrete Plant |
|Mangrove Road |Pacific Highway |
|SANDGATE |HEATHERBRAE |
ANNEXURE B
REMUNERATION RATES AND ALLOWANCES
Central Mixers and Concrete Workers Central Batch Plants (State) Award Classifications
| |(3% Increase) |(3% Increase) |
| |Stage 1 |Stage 2 |
|GRADE |NEW RATE |NEW RATE |
| |(per week) |(per week) |
| |$ |$ |
|Grade 1 |579.62 |597.01 |
|Grade 2 |607.65 |625.88 |
|Grade 3 |648.69 |668.15 |
|Grade 3a |659.36 |679.15 |
|Grade 3b |660.28 |680.09 |
|Grade 4 |669.35 |689.43 |
|Grade 5 |669.35 |689.43 |
|Grade 5a |680.80 |701.22 |
|Grade 5b |691.72 |712.47 |
|Grade 6 |680.80 |701.22 |
|Grade 6a |691.72 |712.47 |
|Grade 6b |707.39 |728.62 |
| |(3% Increase) |(3% Increase) |
| |Stage 1 |Stage 2 |
|ALLOWANCES |NEW RATE |NEW RATE |
| |(per week) |(per week) |
| |$ |$ |
|Industry Allowance |22.64 |23.32 |
|Leading Hand Allowance 2-5 people |19.35 |19.93 |
|Leading Hand Allowance 5-10 people |22.37 |23.04 |
|Leading Hand Allowance greater than 10 people |30.54 |31.46 |
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(674) |SERIAL C1975 |
MOTOR BUS DRIVERS AND CONDUCTORS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 5024 of 2002)
|Before Commissioner Connor |6 June 2003 |
VARIATION
1. Delete items 4, 7 and 8 from Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, of the award published 16 November 2001 (329 I.G. 661), and insert in lieu thereof the following:
|Item |Clause |Brief Description |Rate |
|No. |No. | |$ |
|4 |9(vi) |Required to work for two hours or more after the usual finishing time |9.35 |
|7 |15(i)(c) |Meal allowance when suitable meal is not provided |9.35 |
|8 |17(ii)(a) |Meal allowance when working outside the areas of regular timetabled |9.35 |
| | |services | |
2. This variation shall take effect from the beginning of the first full pay period to commence on or after 6 June 2003.
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1685) |SERIAL C1942 |
UNIVERSITY UNIONS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Shop, Distributive and Allied Employees' Association, New South Wales and another, industrial organisation of employees.
(No. IRC 1455 and 1456 of 2003)
|Before Mr Deputy President Sams |21 March and 1 April 2003 |
VARIATION
1. Insert in numerical order in the Arrangement of the award made 17 September and 13 December 2002 the following new clause number and subject matter:
35A. Trade Union Membership Fee Deduction
2. Insert after subclause 2.8 of clause 2, Definitions, the following new subclause:
2.9 “Trade Union” means the Shop, Distributive and Allied Employees’ Association, New South Wales and/or Shop, Distributive and Allied Employees’ Federation of Australia, Newcastle and Northern New South Wales and/or The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
3. Insert after clause 35, Employee Representative and Union Business, the following new clause:
35A. Trade Union Membership Fee Deduction
(i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;
(b) the Trade Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;
(c) deduction of Trade Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).
(ii) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Trade Union fees (including any variation in that fee effected in accordance with the Trade Union's rules) that the Trade Union advises the employer to deduct. Where the employee passes any such written authorisation to the Trade Union, the Trade Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.
(iii) Monies so deducted from employees' pay shall be remitted to the Trade Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:
(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an employee has already authorised the deduction of Trade Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
(v) The Trade Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Trade Union shall give the employer a minimum of two months' notice of any such change.
(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.
(vii) Where an employee who is a member of the Trade Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Trade Union in accordance with the rules of the Trade Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.
The above variations shall take effect:
(i) In the case of employers which currently deduct Trade Union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 21 March 2003.
(ii) In the case of employers who do not fall within subparagraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 21 June 2003.
(iii) For all other employers, from the beginning of the first pay period to commence on or after 21 September 2003.
4. Delete Table 2 - Other Rates and Allowances, of Part B - Monetary Rates and insert in lieu thereof the following:
Table 2 - Other Rates And Allowances
|Item. |Clause |Brief Description |Amount |
|No |No. | |$ |
|1 |9.1 |Meal Allowance |9.70 |
|2 |15.2 |Apprentices Tool Allowance |0.57 per week |
|3 |25.1 |Laundry Allowance;- | |
| | |- special clothing requiring ironing |2.80 per day to a maximum |
| | | |of 8.30 per week |
| | |- special clothing not requiring ironing |1.65 per day to a maximum |
| | | |of 5.00 per week |
|4 |26.1 |First-Aid Allowance |8.30 per week |
| | | |1.66 per shift |
5. This variation shall take effect from the first full pay period commencing on or after 21 March 2003.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(687) |SERIAL C1990 |
TRANSPORT INDUSTRY - QUARRIED MATERIALS, &c., CARRIERS CONTRACT DETERMINATION
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 6855 of 2002)
|Before Commissioner Connor |26 June 2003 |
VARIATION
1. Delete subclauses (vi), (vii) and (viii) of clause 2, Cartage Rates, of the determination published 14 August 1992 (271 I.G. 78), and insert in lieu thereof the following:
(vi) Where:
(a) a carrier performs a contract of carriage within the area, incidence and duration of this determination; and
(b) the carrier is eligible to claim a rebate pursuant to the Commonwealth Government's Diesel and Alternative Fuel Grant Scheme ("the scheme") for that contract of carriage; and
(c) the carrier has been requested to apply for the rebate pursuant to the scheme by the principal contractor;
the principal contractor may reduce the cartage rates payable in Annexure "A" of this determination up to a maximum reduction of 4.01% of the rate otherwise payable to the carrier for the performance of that contract of carriage.
(vii) Should a carrier become ineligible to claim a rebate pursuant to the scheme or the scheme is abolished then the principal contractor shall not be permitted to reduce the cartage rates pursuant to subclause 2(vi).
(viii) Should the scheme be abolished, altered or modified, leave is reserved to the parties to make application in relation to subclauses 2(vi) and (vii).
2. Delete Schedule 1 - Quantity/Distance and Hourly Hire Rates, of Annexure "A", Cartage Rates, and insert in lieu thereof the following:
SCHEDULE 1
QUANTITY/DISTANCE AND HOURLY HIRE RATES
|Symbol |Item |Rate |Unit |
| | |$ | |
|F.F |Flag Fall |3.097 |Per Tonne |
|A | |0.182 |Per Tonne |
|B | |0.166 |Per Tonne |
|C | |0.156 |Per Tonne |
|D | |0.141 |Per Tonne |
|E | |0.132 |Per Tonne |
|F | |0.125 |Per Tonne |
|G | |0.119 |Per Tonne |
|H |Large Material |0.932 |Per Tonne |
|I |Large Material 600 + Material |1.576 |Per Tonne |
|Hourly rates for non-permitted vehicles involved in external dumping |
|J |2 Axle Vehicle |42.68 |Per Hour |
|K |3 Axle Vehicle |51.37 |Per Hour |
|L |4 Axle Vehicle |59.56 |Per Hour |
|M |5 Axle Vehicle |76.75 |Per Hour |
|N |6 Axle Vehicle |81.16 |Per Hour |
|Hourly rates for vehicles involved in internal dumping |
|O |2 Axle Vehicle |56.45 |Per Hour |
|P |3 Axle Vehicle |59.07 |Per Hour |
|Q |4 Axle Vehicle |68.49 |Per Hour |
|R |5 Axle Vehicle |88.28 |Per Hour |
|S |6 Axle Vehicle |92.09 |Per Hour |
3. Delete Schedule 1: Procedures, Schedule 2: Cost Component Formula, and Schedule 3, Benchmarks, of Annexure "B", Rise and Fall Formula, and insert in lieu thereof the following:
SCHEDULE 1
PROCEDURES
1. Variations to the rates detailed in Annexure "A" shall be made by the Industrial Relations Commission of New South Wales upon application.
2. Variations shall be established by ascertaining the percentage change in the various cost components contained at Schedule 3, Benchmarks from the time the last variation of the rates was calculated to the specified Review Date:
2.1 The Review Date shall be:
1 June
2.2 If for any reason a relevant figure is not available or obtained at the Review Date the latest available figure is to be taken.. Adjustment will be made when figures are next determined for the difference between figure at the Review Date and the figure used as calculated above.
2.2. The latest available figures for each component will then be expressed as a percentage increase of the figure last used for that component in the previous rise and fall calculation.
2.3. The Percentage Increase/Decrease calculated for each component is then to be applied to the percentage of total cost of that component to drive the new percentage of Total Cost figure.
2.4. The sum of the new percentage of Total Cost figures minus 100% shall be the Percentage Increase to apply. All costs are to be the latest available from the source reference as at 1 June. All rates for symbols F.F and A through to I are to be expressed to 3 decimal points. When preparing schedules of rates payable per unit quantity for various distances, the rates for flag fall and the distance are to be calculated each using 3 decimal points and the final figure from the addition of the flag fall and the "distance" amount then rounded to two decimal points. When calculating rates per cubic metre, the final figure per tonne to 3 decimal points from the addition of the flag fall and the distance is to be multiplied by the relevant conversion factor, and the resultant figure then rounded to two decimal points to obtain the rate per cubic metre.
2.5. Following each application of the formula, the cost components shall be re-weighted to indicate the new percentage.
2.6. If the non labour cost components increase between adjustments to the extent that it causes an increase to the total rate of 3 percent or more, then an interim adjustment to the rates may be applied for and made.
3. The resulting percentage change shall be applied to all rates in Schedule 1 of Annexure "A" hereto.
4. A variation to the rates shall not be retrospective in operation.
5. The variation to the rates shall be effective from the date determined by the Industrial Relations Commission (such date should not be before one month after the Review Date), provided that principal contractors have sufficient time to give appropriate notice to their customers.
6. The parties shall confer with a view to reaching agreement on any application for adjustment to the rates.
SCHEDULE 2
COST COMPONENT FORMULA
|Cost Component as at 1 June 2003 |Percentage of Cost |
|Wages Including Maintenance Labour |34.61 |
|Fuel and Oil |17.66 |
|Repair Parts |12.50 |
|Tyres |4.11 |
|Depreciation |12.85 |
|Registration |2.49 |
|Other Fixed Costs |15.78 |
|TOTAL |100.00 |
SCHEDULE 3
BENCHMARKS
Applications for adjustment shall be made by reference to movements in the following benchmarks for each of the following cost components:
|Component |Benchmark |Confirmed |Source of figures to be used |
| | |base at | |
| | |1.6.03 ($) | |
|Labour |Transport |536.50 |NSW Industrial Gazette, or if latest rate not gazetted |
| |Industry - | |the latest Order of the Industrial Relations |
| |Quarried | |Commission of New South Wales |
| |Materials State | | |
| |Award - Grade 2, | | |
| |Vehicle Class 3, | | |
| |Certified | | |
|Fuel |Caltex Metro |86.27 |Caltex’s Internet home page at |
| |Card Price, |(94.90 cents |.au/pricing/cardpricing.html |
| |per litre of |per litre less | |
| |Diesel for NSW, |1/11th GST) | |
| |excluding GST | | |
|Repair Parts |ABS Consumer |135.5 |Australian Bureau of Statistics Consumer Price Index |
| |Price Index | |Series 6401.0 March Quarter 2003 |
| |(CPI), | | |
| |Transportation | | |
| |Group, Private | | |
| |Motoring Motor | | |
| |Vehicle repair | | |
| |and servicing | | |
|Tyres |ABS Consumer |111.8 |Australian Bureau of Statistics Consumer Price Index |
| |Price Index | |Series 6401.0 March Quarter 2003 |
| |(CPI), | | |
| |Transportation | | |
| |Group, Private | | |
| |Motoring Motor | | |
| |vehicle parts and | | |
| |accessories | | |
|Depreciation |ABS, Consumer |106.1 |Australian Bureau of Statistics Consumer Price Index |
| |Price Index | |Series 6401.0 March Quarter 2003 |
| |(CPI), | | |
| |Transportation | | |
| |Group, Private | | |
| |Motoring Motor | | |
| |Vehicles | | |
|Registration |Registration and |3,368.04 |Roads and Traffic Authority (Registration) and GIO |
| |Green Slip |(Registration |Insurance (Green Slip) |
| |Insurance Cost |1,049 + | |
| |(no excess cost) |2,655.84 | |
| |of a 3 axle truck, |Green Slip = | |
| |without trailer, |3,704.84 | |
| |working and |Less 1/11th | |
| |garaged in the |GST) | |
| |Sydney | | |
| |Metropolitan | | |
| |Area with a tare | | |
| |weight of 10 | | |
| |tonne and a | | |
| |registered GVM | | |
| |of greater than 16 | | |
| |tonne | | |
|Other Fixed |ABS Consumer |142.1 |Australian Bureau of Statistics Consumer Price Index |
|Costs |Price Index (CPI) | |Series 6401.0 March Quarter 2003 |
| |Sydney All | | |
| |Groups | | |
4. This variation shall take effect on and from 26 June 2003.
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1055) |SERIAL C1904 |
TEACHERS (INDEPENDENT SCHOOLS) (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Independent Education Union, industrial organisation of employees.
(No. IRC 5235 of 2001)
|Before Mr Deputy President Grayson |4 October and 3 December 2002 and 18 February and 15 April 2003 |
ORDER
The Commission orders that -
1. That the persons as identified within this Order (and subject to this order) shall, in their employment with the North New South Wales Conference in the performance of such work covered by the Teachers (Independent Schools) (State) Award published 16 November 2001 (329 I.G. 533) ('the Award'), and from the dates as indicated be within the scope of the Award:
(a) From 3 August 2001, the persons as identified shall be:
|Timothy Allan |34 Lake View Road, Wangi Wangi 2267 |
|David Chapman |6 Florence Street, Kurri Kurri 2327 |
|Janelle Cracknell |6 Park Avenue, Morisset Park 2264 |
|Benton Craig |2 Shiraz Drive, Bonnells Bay 2264 |
|Meredith Edwards |32 Rowes Lane, Cardiff Heights 2285 |
|Chris Gordon |6 Mt Nellinda Road, Cooranbong 2265 |
|Dianne Greive |14 Turnbull Street, Fennell Bay 2283 |
|Graham Head |39 Waikiki Road, Bonnells Bay 2264 |
|Gordon Howard |709 Freemans Drive, Cooranbong 2265 |
|Rozmarina Kadareanu |99 Martinsville Road, Martinvile 2265 |
|Margaret Ladru |3/1 Derwent Cresent, Lakelands 2282 |
|Kerry Lassila |20 Wollundry Close, Eleebana, 2282 |
|Avril Lockton |17 Jacaranda Close, Cooranbong 2265 |
|Sarah Morton |31 Victory Street, Cooranbong 2265 |
|Glen Northey |5 Thornbill Drive, Bonnells Bay 2264 |
|Ula Paton |40 Kalakau Avenue, Forresters Beach 2260 |
|Ashley Peet |36 Myers Crescent, Cooranbong 2265 |
|Lynnette Roberts |14 Fourth Street, New Lambton 2299 |
|Ron Sparke |8 Kooringal Close, Balmoral 2283 |
|Scott Tetley |PO Box 794, Cannington WA 6107 |
(b) From 21 March 2002, the persons as identified shall be:
|Rosalie Bews |14 Dog Trap Road, Ourimbah 2258 |
|Glen Cozens |117 Langford Drive, Kariong 2250 |
|Julie Cozens |117 Langford Drive, Kariong 2250 |
|Kylie French |18 Greenway Avenue, Woodbury 2322 |
|Melissa Graovac |6/5 Karla Avenue, Terrigal 2260 |
|Graeme Harris |31 Bannister Drive, Erina 2250 |
|Lindy Jull |43 Tumbi Road, Tumbi Umbi 2261 |
|Helen Roberts |18/14 Newcastle Street, Cardiff 2285 |
|Christopher Tedds |35 Rotherham Street, Bateau Bay 2261 |
|Lisa Toepfer |2/33 Bronzewing Drive, Erina 2250 |
|Dee Wilson |10 Honeygum Way, Mardi 2259 |
(c) From 8 April 2002, the person as identified shall be:
|Michelle Cottier |PO Box 3148, Glendale 2285 |
(d) From 5 February 2003, the persons as identified shall be:
|Elia Crevar |6 Woolard Road, Springfield 2250 |
|Burns McLean |10 Woolybutt Crescent, Erina 2250 |
|Amber Smith |10 Karwin Avenue, Springfield 2250 |
(e) From 18 March 2003, the person as identified shall be:
|Tarlae Bradford |23 Morris Crescent, Bonnells Bay 2265 |
2. That persons as identified in clause 1 of this Order shall, in relation to the accrual of long service leave for all service prior to the date upon which the Award first becomes applicable to their employment with the Conference, accrue long service leave on the basis of .866 weeks per year and thereafter on the basis of 1.3 weeks per year or proportion of a year of service up to 10 years' service and 2 weeks per year or proportion of a year after 10 years' service. The above provision to substitute for the provisions of clause 10.5 (c) of the Award.
3. That the persons as identified in clause 1 of this Order shall within 28 days of making of this Order be provided with a letter by the Conference appointing each as a teacher and stating the conditions of employment as required by subclause 4.1 of the Award.
4. That the persons as identified in clause 1 of this Order shall have sick leave calculated from the date of their commencement in employment with the Conference to the operative date of this Order less any leave taken and thereafter shall become entitled to sick leave in accordance with subclause 10.1 of the Award.
5. That the persons named in clause 1 of this Order shall not to the extent of paragraph 10.4(a), Maternity Leave, of the Award be entitled to the benefit of the provision unless the leave is commenced as at a date after which the person first came within the scope of the Award.
6. That the Conference shall be entitled in relation to each person named in clause 1 of this Order to offset from the date as specified payments made by way of education bursaries, rent assistance and study assistance as against any wages adjustment for the date the named person first came within the scope of the Award.
For the purposes of this clause, "education bursaries" shall mean discounts of school and tertiary institution fees as previously made by virtue of their employment under the Adventist remuneration system.
7. That in all other aspects the provisions of the Award shall apply to the persons identified in Order 1.
8. This Order shall take effect from 3 December 2002 and shall remain in force until 31 August 2004.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
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