GAZETTE COVER [PAGE]
Vol. 326, Part 2 20 July 2001 Pages 216 — 412
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. 326, Part 2 20 July 2001
Pages 216 — 412
Page
Awards and Determinations —
Awards Made, Varied or Rescinded—
|A/Won Electrical and Plumbing Services Pty Ltd Newcastle Steel Works Plumbing | | |
|Contracts (State) Enterprise Bargaining | | |
|Award 1997 |(OIRC) |390 |
|Aged Care Industry (Broken Hill) |(AIRC) |255 |
|BHP Steel (AWI) Pty Ltd Newcastle Wire Rope Works Performance Recognition Lump | | |
|Sum Payments Scheme |(OIRC) |394 |
|BHP Steel (JLA) Pty Ltd ( Stainless Products, Unanderra Lump Sum Payments | | |
|Scheme |(OIRC) |395 |
|BHP Steel (Transition Arrangements) |(OIRC) |396 |
|Billposters, &c. (State) |(OIRC) |391 |
|Breeding and Raising Pigs, &c., Employees (State) |(RIRC) |371 |
|Cold Storage and Ice Employees (Northumberland) |(RIRC) |216 |
|Crown Employees (Gardening, Parks and Horticultural and Landscape Staff ( Hours)| | |
|Interim |(OIRC) |392 |
|Crown Employees (Officers-In-Charge, Government Printing Office ( Hours) | | |
|(Interim) (State) |(OIRC) |398 |
|Crown Employees Skilled Tradesmen (Public Works) PCB Allowance | | |
| |(OIRC) |397 |
|Earthmoving Operators (Department of Land and Water Conservation) 2001 | | |
| |(RIRC) |353 |
|Eraring Energy Employees Consent Award 2001 |(AIRC) |286 |
|Newcastle Strapping Line (The Broken Hill Proprietary Company Limited (State) | | |
| |(OIRC) |393 |
|St Vincent's Hospital Redevelopment New Xavier Building Project | | |
| |(AIRC) |237 |
Obsolete Awards (
Atlas Copco Australia Pty Limited Blacktown Warehouse Enterprise 399
Obsolete Awards 400
Obsolete Awards 409
(149) SERIAL C0331
Cold Storage and Ice Employees (Northumberland) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1919 of 1999)
Before the Honourable Mr Deputy President Harrison 29 March and 12 April 2001
REVIEWED AWARD
Clause No. Subject Matter
1. Title
2. Definitions
3. Hours
4. Shift Allowances
5. Meal Breaks
6. Wages
7. Overtime
8. Working in Cold Temperatures
9. First-aid Attendant
10. Saturday and Sunday Work
11. Holidays
12. Annual Leave
13. Annual Leave Loading
14. Long Service Leave
15. Sick Leave
16. Dressing Time
17. Rest Period
18. Mixed Functions
19. Protective Clothing and Equipment
20. Accommodation
21. Terms of Employment
22. Grievance Procedure
23. Payment of Wages
24. Bereavement Leave
25. Parental Leave
26. Personal/Carer's Leave
27. Redundancy
28. Superannuation
29. Consultative Mechanism
30. Anti-Discrimination
31. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 —Wages
Table 2 —Other Rates and Allowances
1. Title
This award shall be known as the Cold Storage and Ice Employees (Northumberland) Award.
2. Definitions
(i) Weekly Hand shall mean an employee who is engaged by the week and who is paid by the week.
(ii) Casual Hand shall mean an employee who is engaged and who is paid by the hour. Casual employees shall be paid one-fortieth of the weekly rate of pay of the classification in which they are employed, plus 12.5 per cent with a minimum of four hours pay at the appropriate rate of pay for each hour or part thereof worked.
(iii) A Permanent Part-time Employee shall mean an employee who is a weekly employee engaged for a minimum of 20 hours per week on not less than three days per week. A part-time employee shall receive all the benefits of the award in the ratio of the hours, as fixed, as they bear to 40 hours. The hourly rate shall be the weekly rate divided by 40. The hours of work for part-time employees shall be determined according to a roster. Any work, which is outside the roster, shall be overtime and paid as per clause 7, Overtime. The rostered times of work may be varied by 48 hours' notice or by mutual agreement.
(iv) Classification Levels –
Level 1— A leading hand appointed by the company who is responsible for the routine operation of a Warehouse/cold store and supervises the work of more than two other employees.
Provided that a company may appoint an employee as a leading hand who supervises two or less employees.
Level 2 — An employee who possesses the required license and is called upon to operate a forklift.
Level 3 — An employee who is employed in a freezing chamber or outside such chamber at a port or enclosed chute leading there from.
Level 4 — Employees who are employed in this classification level may perform any or all of the following functions:
(a) handling meat on a hanging ground or grading room;
(b) handling of frozen or chilled produce or other goods or produce or goods received to be frozen or to be chilled;
(c) loading or unloading of trucks and wagons including going into wagons;
(d) manufacture and loading of ice and in the stacking and unstacking of ice in freezing chamber;
(e) labouring work in and about cold storage works.
Level 5 — Trainee — A new employee may be employed within this classification level for the first 160 hours of employment to enable training and experience in any other classification to be gained.
Employees may be directed to perform any work within the scope of their skills and competence, including work which is incidental or peripheral to their main tasks or functions.
(v) Day Worker shall mean an employee whose ordinary hours of duty are within the hours prescribed by subclause (i) of clause 3, Hours.
(vi) Shift Worker shall mean an employee, other than a day worker, working a one-, two- or three-shift system.
(vii) Freezing Chamber shall mean an artificially cold chamber the temperature of which is less than minus one degree Celsius.
3. Hours
(i) Day Workers — The ordinary hours of day workers shall be 40 per week, eight hours per day, Monday to Friday, inclusive, between the hours of 7.00 a.m. and 5.00 p.m. By site agreement between an employer and the majority of employees affected, the ordinary hours may be worked between 5.00 a.m. and 5.00 p.m. to suit the particular requirements of the organisation.
(ii) Part-time Employees — When the award is varied to incorporate a 38-hour week, it is the parties' understanding that the 20-hour minimum will be reduced to 18 hours.
(iii) Shift Workers:
a) The ordinary hours of shift workers shall be ten shifts of eight hours each day in any one period of 14 consecutive days (whether they are a one, two, or three-shift system), according to rosters agreed upon between the employer and the union.
(b) 20 minutes shall be allowed to shift workers each shift for crib time, at times agreed upon which shall be counted as time worked.
(c) The employer shall post and keep posted on the premises, in a place conveniently accessible, a roster of the ordinary hours of shift workers. The employer shall not alter the roster of ordinary hours of work, except upon giving seven days' notice of the intention to do so to the union and to the employees. Such notice shall be given by posting the alterations in a place on the premises conveniently accessible to the employees and shall be kept posted thereafter. The period specified herein may be varied at any time by agreement between the union and the employer.
No employee shall be required to work the ordinary hours of the day or shift in broken periods.
4. Shift Allowances
(i) (a) Night Shift shall mean a shift finishing after midnight and before 8.00 a.m.
(b) Afternoon Shift means a shift finishing after 6.00 p.m. and at or before midnight.
(c) Day Shift means a shift other than a night or afternoon shift.
(ii) The times of shifts may be varied by agreement between the employer and the union.
(iii) Shift workers, in addition to their ordinary wages for the classifications prescribed in clause 6, Wages, shall be paid:
(a) At the rate set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for day and/or afternoon and/or night rotating or alternating shifts.
(b) At the rate set out in Item 2 of Table 2, if required to work on a regular afternoon shift which does not rotate to provide the shift worker with at least one-third of the employee’s ordinary time on day shift.
(c) Time and one-quarter for regular night shift only.
5. Meal Breaks
(i) Day workers shall be allowed not less than 30 minutes or more than one hour between the hours of 11.00 a.m. and 2.30 p.m. on each working day for the purpose of taking a meal. Such meal breaks may be staggered within each particular work area in order that full production may be maintained wherever possible.
(ii) (a) If no meal or less than the prescribed meal break is allowed to an employee on any day other than
a Sunday or any of the holidays prescribed by clause 11, Holidays, overtime rates shall be paid until such time as a meal break is allowed.
(b) If no meal break or less than the prescribed meal break is allowed to an employee on a Sunday or any of the holidays prescribed by the said clause 11, double time shall be paid until a meal break is allowed.
(iii) Any employee who has not been notified on the immediately preceding working day that the employee will be required to work overtime on any day for more than two hours, shall be provided with a meal by the employer or, in lieu thereof, shall be paid the sum prescribed in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Any employee who has provided themselves with a meal after having been so notified and who is not then required to work after the normal ceasing time, shall be paid the sum prescribed in the said Item 3.
(iv) Not more than five hours shall be worked without a break for a meal or an interval for crib.
(v) Notwithstanding anything contained in subclause (iii) of this clause, cold storage employees who are employed in association with waterside workers and required to continue working after their normal ceasing time, shall be allowed not less than 20 minutes for a crib period which shall be paid for at ordinary rates.
6. Wages
(i) Adults —
a) Employee classifications and their respective rates of pay are as set out in Table 1 - Wages, of Part B, Monetary Rates.
b) A freezing room employee called upon to operate a pedestrian stacker shall be paid an additional amount at the rate as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, with a minimum payment of one day
(ii) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:
(a) any equivalent overaward payments, and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(iii) Junior Employees — Subject to the restriction upon the carrying of weights prescribed by the Occupational Health and Safety Act 1983, juniors may be employed on suitable work and shall be paid according to age a percentage of the Level 4 rate. If the junior has acquired the skills and is performing the work of a higher level, the payment made to the junior shall be a percentage of the adult rate of the relevant level according to age, as follows:
Percentage of Adult Level 4 Rate
Under 17 years of age 43.5
At 17 and under 18 years of age 56
At 18 and under 19 years of age 67
At 19 and under 20 years of age 72
At 20 and under 21 years of age 84
7. Overtime
(i) All time worked in excess of 40 hours per week, or before the starting time or after the ceasing time, or in excess of eight hours per day, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.
(ii) An employee, other than a casual hand, who is directed to and does attend to work overtime at the hours required by the employer on Saturday or the employee’s rostered day off, shall be paid a minimum of four hours calculated on the basis of time and one-half for the first three hours and double time thereafter.
(iii) Where overtime work commences on one calendar day and extends into the following calendar day, the whole period of overtime work shall be deemed to have been worked on the former day for the purpose of calculating overtime.
(iv) An employee who is called back to work overtime between 6.00 p.m. and 6.00 a.m., whether notified before or after leaving the employer's premises, shall be paid a minimum of two hours at double time.
(v) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days. An employee (other than a daily hand) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day, that the employee has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If, on the instructions of the employer, such an employee resumes or continues work without having had such eight consecutive hours off duty, the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(vi) Except as provided in subclause (iii) of this clause, in computing overtime each day shall stand alone.
(vii) By agreement between an employee and the employer, overtime may be accrued and taken in half or whole days with a maximum accrual of three days. When time in lieu is substituted for payment, the method of accrual shall remain the same, that is, at the rate of time and one-half for the first two hours and double time thereafter.
8. Working in Cold Temperatures
(i) Subclauses (ii) and (iii) of this clause shall not apply to freezing room employees.
(ii) Each employee shall be paid at the rate as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to ordinary rates of pay for time worked in a room wherein the temperature has been artificially reduced below two degrees Celsius; provided that if when commencing work in the morning the temperature is below two degrees Celsius, no such additional sum shall be payable in respect thereof unless the temperature remains at less than two degrees Celsius for at least one hour after commencing work; provided further that time worked which on any day is less than 30 minutes in the aggregate shall be disregarded.
(iii) Each employee shall be paid at the rate set out in Item 6 of Table 2 in addition to ordinary rates of pay for time worked in a room wherein the temperature has been artificially reduced below minus one degree Celsius; provided that when commencing work in the morning the temperature is below minus one degree Celsius, no such additional sum shall be payable in respect thereof unless the temperature remains at less than minus one degree Celsius for at least one hour after commencing work; provided further that time worked which on any day is less than 30 minutes in the aggregate shall be disregarded.
(iv) An employee who is over-heated through working outside shall be allowed time to cool off before being required to work in a temperature artificially reduced to below two degrees Celsius.
(v) Each employee shall be entitled to receive the rate as set out in Item 7 of Table 2, in addition to ordinary rates of pay, for every hour or part thereof the employee is called upon to work in a room of a temperature of less than minus 16 degrees Celsius; provided that if when commencing work in the morning the temperature is below minus 16 degrees Celsius, no such additional sum shall be payable in respect thereof unless the temperature remains at less than minus 16 degrees Celsius for at least one hour after commencing work.
(vi) If the temperature of any room goes below minus 18 degrees Celsius, the employee shall be entitled after one hour to refuse to work in such room until the temperature rises to minus 18 degrees Celsius; provided that employees may be required to work as freezing room employees at temperatures below minus 18 degrees Celsius upon the following conditions:
(a) Each employee shall have been medically selected as fit to work in extremely cold conditions.
(b) The employer shall make available free of charge for the use of each employee freezer boots, coats, caps and gloves including inner gloves if required. Reference should be made to subclause (iii) of clause 19, Protective Clothing and Equipment, regarding an employee's duty of care.
c) For every hour or part of an hour during which an employee is working at a temperature of less than minus 20 degrees Celsius, the employee shall be paid at the rate as set out in Item 8 of Table 2 in addition to the employee’s ordinary rate of pay.
(vii) The amounts of the payments set out in subclauses (ii), (iii), (v) and (vi) of this clause each stand alone and are not cumulative.
(viii) Employees required to work in temperatures of below minus 20 degrees Celsius shall be allowed reasonable breaks from such work outside the freezing chamber.
(ix) For the purpose of this clause, the temperature of a room shall be the temperature of the coldest part of such room.
(x) An employer and the union may agree to incorporate cold temperature allowances in the weekly rate for employees, regard being paid to the time actually spent in freezing rooms, in lieu of the specific payments prescribed by this clause.
9. First-aid Attendant
(i) A first-aid outfit shall be provided by the employer at all worked to which this award applies.
(ii) An employee appointed by the employer to perform first aid duty shall be paid per day or shift an amount as set out in Item 9 of Table 2 – Other Rates and Allowances, of Part B, Monetary Rates, in addition to ordinary rates.
10. Saturday and Sunday Work
(i) All time worked on Saturday by a shift worker which is not overtime, shall be paid for at the rate of time and one-half.
(ii) All time worked on a Saturday which is overtime shall be paid for in accordance with clause 7, Overtime.
(iii) All time worked on a Sunday which is not overtime shall be paid for at the rate of time and three-quarters.
(iv) All time worked on a Sunday which is overtime shall be paid for at the rate of double time.
(v) An employee, other than a casual hand, who is directed to and does attend for duty on a Sunday at the hours required by the employer and which are not included in ordinary rostered hours for the week, shall be paid a minimum of four hours at the appropriate rates of pay.
(vi) The extra rates prescribed by subclauses (i) and (iii) of this clause shall be in substitution for and not cumulative upon the shift work premium prescribed by clause 4, Shift Allowances for Shift Workers.
11. Holidays
(i) The following days shall be holidays for the purpose of this award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, the picnic day of the union, namely the first Monday in November, and any day proclaimed as a holiday for the State.
(ii) A weekly employee shall be entitled to be paid for holidays falling on a working day under this clause; provided that the employee shall have worked on the working day immediately preceding and the working day immediately following the holiday; provided further that this subclause shall not disentitle an employee to be paid for a public holiday not worked where the employee did not work on the working day immediately preceding and the working day immediately following the holiday if the employer is satisfied that the employee's non-attendance on either or both of these days was due to the employee's illness or other reasonable cause.
(iii) All time worked on any of the days named as holidays in subclause (i) of this clause shall be paid for at the rate of double time and one-half.
(iv) An employee, other than a casual hand, who is directed to and does attend for duty on a holiday at the hours required by the employer and which do not form part of ordinary hours for the week, shall be paid a minimum of four hours at the appropriate rate of pay for each holiday worked.
(v) Where an employee is rostered off duty on any of the holidays mentioned in subclause (i) of this clause, the employee shall be paid one day's pay or have one day added to their annual leave at the option of the employer.
(vi) By agreement between the majority of employees and the employer, other days may be substituted for the holidays referred to in subclause (i) of this clause, except for Christmas Day, Good Friday and Anzac Day. The purpose of this subclause is to permit flexibility in part or all of an establishment and, so far as possible, to maintain a service to the catering and retail industries.
(vii) Where the establishment of an employer remains open and an employee works on the picnic day of the appropriate union, the employee shall be paid by mutual agreement between the employer and the employee in one of the following methods:
(a) payment of an additional day's wages;
a) addition of one day to the employee's annual holidays;
(c) another day may be allowed off with pay to the employee.
The provisions of this subclause are deemed to have been satisfied if a substitute day for employees is determined in accordance with subclause of this clause.
12. Annual Leave
See Annual Holidays Act 1944.
13. Annual Leave Loading
(i) This clause applies only in relation to annual holidays to which employees become or have become entitled.
(ii) In this clause the Annual Holidays Act 1944 is referred to as "the Act".
(iii) Before an employee is given and takes their annual holiday or where, by agreement between the employer and employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.
(iv) The loading is payable in addition to the pay for the period of the holiday given and taken and due to the employee under the Act and this award.
(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added pursuant to subclause (v) of clause 11, Holidays, to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after the date of operation of this award or where such a holiday is given and taken in separate periods, then in relation to each such separate period.
(vi) The loading is the amount payable for the period or separate period, as the case may be, stated in subclause (v) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed pursuant to subclauses (i) and (ii) of clause 6, Wages, as the case may be, immediately before commencing their annual holiday, but shall not include the shift allowances prescribed in subclause (i) of clause 4, Shift Allowances for Shift Workers, the rate for Saturday and Sunday work prescribed in subclauses (i) and (iii) of clause 10, Saturday and Sunday Work, any other allowances, penalty rates, overtime rates or any other payment prescribed by this award.
(vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an 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 (vi) 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 and the entitlement to the holiday arises on or after the date of operation of this award.
(viii) Where, in accordance with the Act and after the date of operation of this award the 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 (vi) 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 the employee under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.
(ix) (a) When the employment of an employee is terminated by the employer after the date of operation
of this award 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 (vi) for the period not taken.
(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.
(x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker pursuant to subclause (iii) of clause 3, Hours, if the employee had not been on annual holiday; provided that if the amount to which the employee would have been entitled by way of allowances for shifts pursuant to subclause (i) of clause 4, Shift Allowances for Shift Workers, and the rate for Saturday and Sunday work pursuant to subclauses (i) and (iii) of clause 10, Saturday and Sunday Work, for ordinary shifts which he/she would have worked according to shift roster if he/she had not been on an annual holiday (not including time on a public or special holiday pursuant to clause 11, Holidays) exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.
14. Long Service Leave
See Long Service Leave Act 1955.
15. Sick Leave
(i) An employee who after not less than three months' continuous service in their current employment with the employer is unable to attend for duty during ordinary working hours by reason of personal illness or personal incapacity not due to their own serious and wilful misconduct shall be entitled to be paid at ordinary rates of pay for the time of such non-attendance, subject to the following:
(a) The employee shall, within 24 hours of the commencement of such absence, inform the employer of their inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.
(b) For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof, including, where applicable, the estimated duration of the absence, the employer, through any person appointed by the employer to interview employees for the purpose stated, shall have the right to interview an employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical practitioner the right to interview an employee shall include the right to examine the employee.
(c) The employee shall prove to the satisfaction of the employer or, in the event of a dispute, the Industrial Relations Commission of New South Wales, that the employee is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.
(d) An employee with more than 12 months' service shall not be entitled, in respect of any year of continued employment, to sick pay for more than 80 ordinary working hours. An employee with less than 12 months' service shall not be entitled, in respect of the first year of continued employment, to sick pay for more than 40 ordinary working hours. Any period of paid sick leave allowed by the employer to the employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in respect of such year.
Provided that, in the first year of operation of this award, an employee with more than 12 months' service with the employer shall be allowed sick leave to a maximum of 40 hours in respect of the employee's current year of service, plus the proportion of 40 hours which the unexpired proportion of the sick leave year of the individual employee bears to 52 weeks.
(ii) The rights under this clause shall accrue from year to year so long as the employment continues with the employer so that any part of leave pursuant to paragraph (d) of subclause (i) of this clause which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.
(iii) An employee who unreasonably refuses the interview or unreasonably refuses or prevents the examination specified in paragraph (b) of subclause (i) of this clause, shall not be entitled to payment for the period during which he/she is absent from duty.
(iv) For the purpose of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by the employer; or
(b) any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee; provided that any time lost shall not be taken into account in computing the qualifying period of three months.
(v) Service before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder; provided that the increase in sick leave allowable after the first year of service, pursuant to paragraph (d) of subclause (i) of this clause, shall only commence from the date of operation of this award.
(vi) This clause shall not apply to employees of Peters Ice Cream Pty Ltd who are members of the Peters Companies Employees' Benefit Society.
16. Dressing Time
When commencing work for the day or after any meal hour break an inside hand shall be allowed five minutes to dress for work and shall be paid for such time.
17. Rest Period
(i) Day Workers - A rest period of 15 minutes each morning and a rest pause of 15 minutes each afternoon shall be allowed to each employee.
(ii) Shift Workers - A rest period of ten minutes in the first half of the shift and a rest period of ten minutes in the second half of the shift shall be allowed to each employee.
(iii) Rest period shall be taken at such times as may be arranged mutually between the employer and the union.
(iv) Rest period shall be counted as time worked and shall be paid for as such.
18. Mixed Functions
(i) An employee who is required to perform on any day or shift, work for which a higher rate of wage than that of the ordinary classification is prescribed, shall be paid as follows:
(a) If the employee is required to perform such work for four hours or more, the employee shall be paid for the day or shift the higher, or highest, as the case may be, rate of wage prescribed for the work performed.
(b) If the employee is required to perform such work for two hours or more but for less than four hours, the employee shall be paid for one half day or shift at the higher, or highest, as the case may be, rate of wage prescribed for the work performed.
(c) If the employee is required to perform such work for less than two hours, the employee shall be paid the higher, or highest, as the case may be, rate of wage prescribed for the time actually occupied on such work.
Provided that no additional payment under this subclause need be made to an employee who is required to perform on any day or shift such higher paid work for not more than 30 minutes because of the failure of another employee to present themselves for work at the ordinary starting time.
(ii) An employee who is required to perform on any day or shift, work for which a lower rate of wage than that of the ordinary classification is prescribed, shall suffer no reduction in pay in consequence thereof.
19. Protective Clothing and Equipment
(i) Employees, other than casuals, shall be:
(a) provided with overalls free of cost;
(b) provided with boots for working in wet places or in places where footwear is affected by chemicals.
(ii) All employees shall be provided with suitable warm clothing for work in a freezing chamber.
(iii) Employees owe a duty of care to an employer for all uniforms, protective clothing and equipment supplied to the employee during the course of duty. If the employee loses or damages the issue, wilfully or negligently, the employee may be required to reimburse the employer for such damage or loss.
20. Accommodation
Subject to the provisions of the Occupational Health and Safety Act 2000, each employer shall provide for the use of their employees:
(a) a dressing room, containing hot and cold showers, and a dining room;
(b) an adequate locker for each employee;
(c) facilities for boiling water and provisions for heating food for meals and at rest periods (unless boiling water is provided by the employer);
(d) adequate first-aid chest.
21. Terms of Employment
(i) An employee shall be engaged either as a weekly hand, permanent part-time hand or as a casual hand and each employee shall be notified, at the beginning of employment and before commencing work, whether the employee is a weekly or casual hand.
(ii) A weekly hand and a permanent part-time employee shall be paid by the week and, except in the case of misconduct justifying summary dismissal, the employment may be terminated by one week's notice given on any day, by either side, with the right to payment of or forfeiture of one week's wages in lieu thereof, as the case may be.
(iii) This clause shall not affect the right of an employer to:
(a) deduct payment for any day or portion thereof during which an employee is stood down by the employer as a result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee;
(b) dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and in such cases wages shall be payable up to the time of dismissal only.
(iv) Abandonment of Employment:
(a) The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned employment.
(b) Provided that, if, within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of their employer that the employee was absent for reasonable cause, the employee shall be deemed to have abandoned their employment.
(c) Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted or notification was given to the employer, whichever is the later.
(v) An employer may direct employees to carry out such duties as are within the limits of an employee's skill, competence and training and the employee will follow such direction.
22. Grievance Procedure
All grievances, claims or disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:
(i) Any grievance or question, dispute or difficulty which arises will, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor.
(ii) If the matter is not resolved at those levels, it will be further discussed between the affected employee(s) and the employer. Both the employer’s industrial representative and the employee’s Union representative may be notified.
(iii) If no agreement is reached within a reasonable time period and the Union is involved in the dispute, the Union Secretary or the employee’s representative will discuss the matter with the employer and/or the employer’s nominated industrial relations representative.
(iv) 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 the proposed remedy.
(v) Reasonable time limits must be allowed for discussion at each level of authority.
(vi) Whilst the foregoing procedure is being followed normal work must continue.
(vii) Should the matter still not be resolved within a reasonable time period it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.
23. Payment of Wages
(i) Wages due under this award to a weekly hand shall be paid not later than Friday in each week within 15 minutes of the ordinary ceasing time.
(ii) Payment of wages may be made by cheque, direct deposit to the employee's personal account by electronic funds transfer (subject to section 117 of the Industrial Relations Act 1996) or cash.
(iii) All wages due under this award to a casual employee shall be paid at the completion of each period of engagement but no later than Friday in each week, where the period of engagement is greater than one day.
24. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled to up to two days compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause (iii) of this clause.
(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.
(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (i) of clause 26, State Personal/Carer s Leave Case August 1996, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Compassionate leave may be taken in conjunction with other leave available under subclauses (i), (ii), (iv), (v) and (vi) of the said clause 26. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
25. Parental Leave
See Part 4 Division I of the Industrial Relations Act 1996.
26. Personal/Carer's Leave
(i) Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 15, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(ii) 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 (i) who is ill.
(iii) 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.
(iv) Time Off in Lieu of Payment for Overtime
(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 7, Overtime, the following provisions shall apply.
(b) 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.
(c) 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.
(d) 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.
(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(v) 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.
(vi) Rostered Days Off
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both 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.
27. Redundancy
(i) Application—
(a) This clause shall apply to all employees covered by this award (excepting those set out below).
(b) It shall apply to employers (where there are more than 15 employees) immediately prior to the termination of the employment of employees.
(c) It shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) It 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.
(ii) Introduction of Change—
(a) Employer's duty to notify:-
(1) Where an employer 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.
(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for alteration of any matters referred to in this award, an alteration shall be deemed not to have significant effect.
(b) Employer's duty to discuss change: -
(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(2) The discussions shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(3) For the purpose of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(iii) Redundancy—
(a) Discussions before terminations:-
(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of the said subparagraph (1) and shall cover, inter alia, any reason 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.
(3) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(iv) Termination of Employment—
(a) Notice for changes in production, program, organisation or structure: - This subclause sets out the
notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause:
(1) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
Period of continuous service Period of notice
Less than 1 year 1 week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4 weeks
(2) 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.
(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for technological change: - This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause:
(1) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.
(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment shall be terminated by part of the period of notice specified and part payment in lieu thereof.
(3) The period of notice required by this paragraph 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.
(c) Time off during the notice period: -
(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.
(2) 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.
(d) Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this subclause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink 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.
(g) Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.
(h) Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, 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 employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.
(v) Severance Pay—
(a) Where an employee is to be terminated pursuant to subclause (iv) Termination of Employment, of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:
(1) 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
(2) Where an employee is 45 years old 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
(3) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with Table 1 - Wages, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.
The 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 paragraph (a) of this subclause, will have on the employer.
(c) Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause, if the employer obtains acceptable alternative employment for an employee.
28. Superannuation
The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and the Industrial Relations Act 1996.
This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
(i) Definitions -
(a) "Scheme" means any fund, the trust deed of which meets the Commonwealth Government's standards for occupational superannuation.
(b) "Employee's ordinary weekly earnings" means the award classification rate including any overaward, supplementary payment and shift premium components.
(ii) Contributions - Employers bound by this award shall, for each employee, contribute the appropriate percentage of the employee's ordinary weekly earnings as required by the Superannuation Guarantee (Administration) Act 1992 to a scheme nominated by the employee. Provided that the employer shall contribute at least four per cent of the employee's ordinary weekly earnings to such a scheme.
(iii) Savings – This clause shall not have the effect of lowering more generous contributions employers make to schemes on behalf of employees under a company superannuation scheme.
(iv) The parties to the Award recognise the Meat Industry Employees Superannuation Fund (MIESF) as being the preferred fund for the industry.
29. Consultative Mechanism
Each enterprise shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.
30. Anti - Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of this award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specially exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c ) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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.”
31. Area, Incidence and Duration
This award rescinds and replaces the Cold Storage and Ice Employees (Northumberland) Award published 19 May 1995 (285 I.G. 1130), and all variations thereof.
This Award applies to the following industries and callings; employees in ice manufactories, and in cold storage works or chambers, persons delivering ice, and carters, grooms, stablepersons, yard persons and drivers of motor or other power-propelled vehicles employed in connection therewith in the County of Northumberland;
Excepting - Persons delivering ice, and grooms, stablepersons, and yard persons employed in connection therewith, within a radius of 20 kilometres of the principal post office, Newcastle; a radius of 13 kilometres of the post office East Maitland; the area within eight kilometres of each side of the railway line from West Maitland to Cessnock and Bellbird and the area within a radius of eight kilometres of the post office at Cessnock; and engine drivers, firepersons, greasers, trimmers, cleaners and pumpers, engaged in or about the driving of engines and electrical crane, winch and motor drivers.
The changes made to the award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on 29 March 2001.
This award remains in force until varied or rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1— Wages
|Adult Classification |$ |
|Level 1 |476.40 |
|Level 2 |463.90 |
|Level 3 |426.50 |
|Level 4 |422.70 |
|Level 5 |406.40 |
Table 2 — Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount $ |
|1 |4(iii)(a) |Shift Allowances – |3.20 per shift |
| | |(a) Day and/or afternoon and/or night rotating or alternating | |
| | |shifts | |
|2 |4(iii)(b) |(b) Regular afternoon shift which does not rotate to provide the |4.70 per shift |
| | |shift worker at least one-third of the employee’s ordinary time on | |
| | |day shift | |
|3 |5(iii) |Meal Allowance |4.32 |
|4 |6(i)(b) |Pedestrian stacker allowance |6.63 per week |
|5 |8(ii) |Cold temperature allowance – Below 20C |0.11 per hour or part thereof |
|6 |8(iii) |Cold temperature allowance – Below minus 10C |0.18 per hour or part thereof |
|7 |8(v) |Cold temperature allowance – Below minus 160C |0.28 per hour or part thereof |
|8 |8(vi)(c) |Cold temperature allowance – Below minus 200C |0.51 per hour or part thereof |
|9 |9 |First-aid Allowance |3.90 per week |
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1570) SERIAL C0342
ST VINCENT'S HOSPITAL REDEVELOPMENT NEW XAVIER BUILDING PROJECT AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Employers' Federation of New South Wales, industrial organisation of employers.
(No. IRC 5718 of 2001)
Before The Honourable Justice Walton, Vice-President 14 March 2001
AWARD
Contents
Clause No. Name of Clause
1. Preamble
2. Objectives
3. Title
4. Parties
5. Application of Project Award
6. No Extra Claims
7. Period of Operation
8. Application
8.1 Enterprise Agreements
8.2 Parent Awards
8.3 NSW Government’s Code of Practice
9. Monitoring Committee
10. Inductions
11. Amenities
12. Clothing
12.1 Safety Footwear
12.2 Work Clothing
12.3 Jackets
12.4 Equivalent Clothing
13. Productivity Improvements
13.1 Meal Breaks
13.2 Hours of Work
13.3 Rostered Days Off
13.4 Site Access
13.5 Inclement Weather
13.6 Effective Use of Resources
13.7 Best Practice
14. Performance Payment
15. Safety Dispute Settling Procedures
16. Hours of Work
16.1 Ordinary Hours of Work
16.2 Implementation of 38 Hour Week
17. Workers’ Compensation
18. Long Service Compliance
19. Worker’s Compensation Top-up Cover and 24 hour accident cover
20. Superannuation
21. Redundancy
22. Delegates
23. Compliance with Award and Statutory requirements
24. Industry Convention
25. Immigration Compliance
26. Anti-Discrimination
27. Personal/Carer’s Leave
28. Union Right of Entry
29. Dispute Settlement Procedures
29.1 Industrial
29.2 Subcontractor
29.3 Project
29.4 Award
29.5 Demarcation Disputes
30. Not a Precedent
Signature Pages
Annexure A - Classifications Covered by this Project Award
1. Preamble
This Project Award has been reached between Leighton Contractors Pty Limited (“Leighton”) and the Labor Council of NSW, on behalf of the Unions named herein and their members, and shall operate on and from the date construction work commenced on this Project.
This Project Award governs particular terms and conditions of employment for employees working on-site at the St Vincent’s Hospital Redevelopment.
The terms and conditions of this Project Award are to operate in conjunction with subcontractor’s enterprise agreements, and the rights and obligations of subcontractors, and employees under awards (listed in Annexure A) and agreements.
2. objectives
The primary objective of this Project Award is to provide a frame-work for Leighton and its subcontractors to manage the project so as to achieve project milestones as set out herein, in compliance with the NSW Governments Code of Practice and Leightons contractual obligations.
Additional objectives of this Project Award are:
1. To provide a framework for Leighton and its sub-contractors to manage those issues on the project which affect or may affect more than one sub-contractor.
2. To improve productivity by initiatives aimed at:
a) communication, consultation and relationships between employer, employees and unions;
b) health and safety;
c) training and skill formation; and
d) flexible workplace practices.
3. To provide good wages and conditions to all employees engaged on the project.
4. To ensure that subcontractors comply with the provisions of this Award, applicable awards and/or enterprise agreements and legislative requirements.
5. To promote and implement improved work methods and productivity.
6. To complete the Project on time or earlier to quality requirements, and within budget.
7. To adopt a co-operative and non-adversarial approach to all industrial relations issues.
8. To assist in developing a harmonious relationship between Leighton, Sub-Contractors, Unions and employees in respect of this Project.
9. To enhance occupational health and safety practices.
3. Title
This Project Award shall be known as the St Vincent’s Hospital Redevelopment New Xavier Building Project Award (“this Award”).
4. Parties
The parties to this Project Award are:
Leighton Contractors Pty Limited
and the
Labor Council of NSW
on behalf of the Unions
Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Branch; The Electrical Trades Union of Australia, New South Wales Branch; The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union, Plumbing Division; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; Transport Workers Union, New South Wales Branch.
5. Application of project AWARD
This Project Award shall apply to all on-site construction work on the St Vincent’s Hospital Redevelopment New Xavier Building Contract. This Award does not apply to off-site or purely incidental activities such as delivery of materials to site.
The parties shall neither lodge a claim for a flow-on of any term or condition of this Award to the off-site employees of the contractor, or subcontractors, or other contractors, nor use any term or condition of this Award as a precedent on any other Leighton project. This Award does not apply to persons entering the site to deliver, unload or to pick up goods and materials or to service equipment and to any other maintenance or construction work being carried out by others not under Leightons Contract.
Any disputes concerning the application of this Award shall be resolved in accordance with clause 29 of this Award.
6. No Extra Claims
The parties shall not make any extra claims in respect of matters covered in this Award for the duration of this Award.
7. Period of Operation
This Award shall operate on and from the 24 November 2000 until 30 April 2002 or the completion of work on the Project which ever occurs last.
8. Application
8.1 Enterprise Agreements
Leighton and each sub-contractor will utilise their existing Enterprise Agreement on the Project.
It is the intention of the parties that the terms and conditions of this Project Award supersede the terms and conditions of any applicable state award/s to the extent of any inconsistency between the terms and conditions of the Project Award and any such awards. Such suppression is strictly limited to engagement of employees and/or employers performing work on the Project, and to the periods of operation of the Project. This Project Award shall not operate so as to reduce the total entitlements of any employee with respect to their existing wages and conditions.
A. Parent Awards
This Project Award is generally intended to supplement and co-exist within the terms of existing enterprise agreements and awards and its primary purpose is to provide a framework for Leighton, it’s Sub-Contractors, Labor Council and the relevant Unions, to manage those issues on the Project which affect more than one Employer.
This Project Award shall apply to all employees engaged to perform construction or related work on the project who are covered – or able to be covered – by the classifications within the awards listed in Annexure A of this Project Award, and to all Unions named in Clause 4, and to all employers of such employees who perform work on the project.
Where the terms of the Project Award are silent, the terms and conditions of any applicable award or enterprise agreement shall apply.
2. NSW Government Code of Practice
The Parties each undertake to actively promote compliance with the provisions of the NSW Government Code of Practice and the NSW Government Code of Tendering for the Construction Industry.
9. Monitoring Committee
The parties shall establish a Monitoring Committee (“The Committee”) for the purpose of resolving issues that may arise in the application of this Award.
The Monitoring Committees members shall be nominated by and represent Leighton and the subcontractors, the Labor Council of NSW and the Unions. The committee will have 5 members, 2 appointed by Leighton and representing Leighton and its sub-contractors, and 2 appointed by and representing the Unions and their members, and 1 appointed by and representing the Labor Council of NSW.
The representative of the Labor Council of NSW shall be delegated Chairperson, and be responsible for calling meetings, issuing agendas and taking minutes.
The Monitoring Committee may meet monthly, or more regularly if required.
The Monitoring Committee may invite other persons including representatives of the NSW Government Construction Policy Steering Committee to attend its meetings.
10. Inductions
A. All employees entering the site must have undergone;
a) General Industry Induction Training;
b) Work Activity Induction Training; and
c) Site Specific Induction Training.
10.2 Evidence of the completion of the General Industry Induction Training and the Work Activity Induction Training must be presented to Leighton Contractors Pty Limited prior to any employee commencing work on site.
10.3 Each employee will receive a site induction card after completing the Site Specific Induction Training and access to the Project site will only be granted to an employee who exhibits the issued site induction card. However, in the case of a lost card, an employee's identity will be confirmed prior to any issue of a temporary site induction card and ultimately a replacement card.
Each employee's site induction card must be carried by the employee whilst engaged on the Project and is not transferable under any circumstances to any other person.
Due to the proximity of the operating hospital it is a requirement that all persons on the site have their photo on the site identification card.
These procedures are intended to substantially improve the security on the Project and have a positive impact on the level of safety provided to employees on the Project.
Any costs associated with the inductions shall be borne by each employer of the employee other than authorised union officials.
11. Amenities
Amenities on the project shall comply with the standards laid down in the relevant Award(s), Codes of Practice, Australian Standards and Legislation.
12. Clothing
Employers will provide their employees with the following items of clothing provided that if an employer has obligations to provide clothing under an award or enterprise agreement of an equivalent standard then such employer will not be bound by the terms of this clause.
12.1 Safety Footwear
Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear and tear basis thereafter provided they are produced to the employer for inspection.
12.2 Work Clothing: Trousers and Shirts, or Bib and Brace Overalls and Shirts, or Combination Overalls
Dependent upon the appropriate trade 2 sets of either of the above will be provided after accumulated employment on the Project by an employee of 152 hours and will be replaced twice per calendar year or as a result of fair wear and tear provided they are produced to the employer for inspection.
12.3 Jackets
Each employee, after accumulated employment on the Project of 152 hours shall be eligible to be issued with one (1) Australian made warm bluey jacket or lined woollen jacket or equivalent, which will be replaced once per calendar year or by fair wear and tear.
The type of jacket issued to an employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each employee.
12.4 Equivalent Clothing
Where documented evidence can be shown that the equivalent clothing referred to in (12.1), (12.2) and (12.3) above has been supplied by the employer within the last three (3) month period, then the above will not apply.
13. Productivity Improvements
A prerequisite for completing the project on or before time is that the time available for productive work be maximised; and, in turn, the maximisation of time requires flexibility in programming the works. To this end, unions, Leighton and subcontractors shall co-operate to achieve such flexibility in areas specified, but not necessarily limited to, those over.
13.1 Meal Breaks
Meal breaks may be staggered so as to maintain production during the day.
The staggering of meal breaks shall be sought by agreement between the contractor or subcontractor with its employees/union delegate(s).
There will be no unreasonable interruption to the comfort of employees during meal breaks and all sheds will be maintained in a clean and hygienic condition at all times.
13.2 Hours of Work
Ordinary hours of work shall take place between 6.00am and 6.00pm.
However, by agreement between the parties, the starting time for ordinary hours of work may be extended to 5.00am.
13.3 Rostered Days Off
Rostered Days Off (“RDO’s”) may be staggered and banked so as to maintain production during crucial stages of the construction programme.
Each company will maintain records which will be made available for inspection by the relevant union representative. These records must detail RDO’s and accrued RDO entitlements for each employee. All such details will also be recorded on employee pay slips.
Agreement on the staggering and banking of RDO’s shall be sought by the subcontractor with its employees/union delegate(s).
Where agreement is reached between the subcontractor and its employees/union delegate(s), and an alternative day is substituted for the scheduled RDO, the scheduled RDO shall be regarded as an ordinary working day.
Subject to future agreement(s) between the parties, a minium of five RDO’s may be banked during any twelve (12) month period.
Where an employee has banked their full entitlements of “Banked RDO’s” in accordance with their enterprise agreement provisions, then that employee will be required to take off all subsequent scheduled RDO’s in the current 12 month period until such time that the employee reduces their “Banked RDO” entitlements.
It is acknowledged that different arrangements in relation to the banking of RDO’s may apply to members of the CEPU.
13.4 Site Access
Safe means of access and egress to all construction areas will be maintained on the Project to enable all employees to get to and from work areas without delay.
13.5 Inclement Weather
The parties are committed to minimising lost time due to inclement weather, and ensuring that no employee works in an unsafe area or uses an unsafe work method. To this end, the parties shall adopt a reasonable approach to what constitutes inclement weather, and comply with the following procedures for work to continue during periods of inclement weather:
a) where an area of the project is affected by inclement weather, all the employees in areas not affected by inclement weather shall continue working, regardless of the fact that employees in the areas affected by inclement weather may not be employed in productive work;
b) employees in an area affected by inclement weather shall accept transfer to an area, or site, not affected by inclement weather if, in the opinion of the parties, productive work is available in that area, or site, and that work is within the scope of the employees skill, competence and training.
c) where it is not possible to transfer employees to non affected areas, or where there is no productive work in the non affected areas, non-productive time may be used for activities such as training, planning and re-programming of the project. Training provided is to be accredited training relating to the employees trade or calling. Workers will not be unnecessarily held on the project.
Any dispute(s) concerning application of this inclement weather procedure shall be referred to the monitoring committee for resolution.
Nothing in the above procedure shall override the rights of the Safety Committee under Clause 23 of the Occupational Health and Safety Act 1983.
13.6 Effective Use of Resources
The parties to this Award agree to maximise the use of resources to meet key program dates and smooth production flows.
13.7 Best Practice
The parties agree that Best Practice is simply the best way of doing things. It is a process of constantly changing and adapting to new procedures and work methods. Best Practices are not fixed. At any particular point in time, it is the method of operation to achieve exemplary levels of performance. Best Practice is not restricted to an examination of cost, but also includes quality and timely completion of work in a safe and efficient manner.
a) The Project’s Best Practice includes:
• Understanding and measuring Client needs;
• Skill enhancement of the workforce;
• Flexible workforce, committed to change;
• Employee involvement;
• Provision of healthy and safe working environment and work practices;
• The achievement of excellence through continuous improvement.
b) This Award and Best Practice should result in expected benefits, viz:
• The Project being regarded as a Superior Class facility, providing well paid, satisfying jobs in a safe and healthy work environment.
• The construction program being completed in a timely manner which allows for the most efficient sequence of operation and utilisation of resources.
• Reduction in errors and defects through the application of quality systems and effective planning, scheduling and information flow.
• Reduced cost inputs through more efficient use of personnel and equipment resources.
• No lost time due to industrial disputation.
14. Performance payment
Introduction
A performance payment linked to works completed against the construction program shall apply to the Project.
The performance payment shall relate to achievements for works completed to Targets and Project Milestones.
The Completion to Targets and Project Milestones Payment shall be calculated and paid as follows:
• the parties to this Award shall establish monthly Targets and review dates with reference to the Project Milestones.
• the monthly reviews will certify the achievement of Targets for the purpose of entitlement to the payment for works completed.
• the payment shall be $ 2.00 per hour paid for each hour of time worked on and from the date of commencement each employee commenced work on the Project.
• payment shall be made as part of their weekly wages.
• payment shall be made progressively in the normal weekly wages.
• payment is not subject to CPI.
In the event that a monthly Target is not achieved, the Monitoring Committee shall meet to determine:
• the reason why the Target was not achieved.
• the action required to catch up to the Target.
• if payment shall continue for the coming month.
• however, if in spite of the parties best efforts, a Target is not achieved for two consecutive months and there are no extenuating circumstances then the Monitoring Committee shall meet to discuss why that Target has not been achieved and how best time can be made up to ensure Targets are achieved.
• payment shall be calculated on an hours worked basis only, and shall not include any calculation of award or other entitlements. This payment does not attract any penalty or premium.
The Project Milestone Dates Are:
|ST VINCENT’S HOSPITAL BUILDING MILESTONES |DATE |
|Assessment Of Progress |Monthly |
| | |
|Milestone 1 |Structural Steel Loading Dock |15 September 2000 |
|Milestone 2 |Lift Motor room in Private |15 January 2001 |
|Milestone 3 |Plantroom Roof Public |15 July 2001 |
|Milestone 4 |Private Hospital Complete |31 October 2001 |
|Milestone 5 |Public Hospital Complete |15 March 2002 |
|Milestone 6 |Refurbishment Complete |10 April 2002 |
• if a Project Milestone Date is not achieved and there are no extenuating circumstance(s) acceptable to the Monitoring Committee, then no payment will be made against achievement of that Milestone.
• if in the following period(s) work catches up to allow achievement of the subsequent Project Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Project Milestone.
• the parties agree that the Leighton Project Manager, in conjunction with the Monitoring Committee shall determine if the identified Milestones for the Project have been achieved.
|PAYMENT APPLICATION OF THE PERFORMANCE |
|PAYMENT PAYABLE TO EMPLOYEES |
|TYPE OF WORK AND STATUS |PERFORMANCE PAYMENT APPLICATION |
|OF ENGAGEMENT | |
|Normal Work |Applies |
|Sick Leave |Does not apply |
|Annual Leave |Does not apply |
|Public Holidays |Does not apply |
|Rostered Days Off |Applies |
|Workers Compensation |Does not apply |
|Training on-site |Applies |
|Jury Duty |Does not apply |
|Bereavement Leave |Does not apply |
|Inclement Weather Off Site |Does not apply |
|Inclement Weather On Site |Applies |
|Unauthorised Stoppages |Does not apply |
|Any other paid downtime |Does not apply |
15. safety dispute settling procedures
No employee will be required to work in or on an unsafe area or process on the Project. Where a safety problem has been identified by the safety committee which prevents work from occurring in any area, work shall cease in the immediate affected area only. Priority will be given to rectifying unsafe access areas. If any access areas are unsafe, employees will use alternative safe access.
Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply:
(a) Employees shall not leave the Project unless directed to do so by their Employer in the event of an emergency;
(b) Immediate inspection of the affected work areas will be carried out by both Leighton and employee representatives of the safety committee;
(c) Leighton will select the sequence of inspections of areas;
(d) The inspection shall identify the safety rectification work required in each area;
(e) As safety rectification work is agreed for each area, all relevant employees shall immediately commence such rectification works;
(f) Upon verification that such rectification has been completed, normal work will resume progressively in each area;
(g) Should any dispute arise as to the rectification work required to any area, then Leighton will immediately call the designated WorkCover Authority inspector to recommend the rectification work. The NSW Government Code of Practice for the Construction Industry Occupational Health and Safety Disputes provisions contained in 6.3 of the Code shall apply;
Nothing in this clause shall negate or contradict any rights and or obligations under the Occupational Health and Safety Act.
16. HOURS OF WORK
A. Ordinary Hours of Work
The ordinary hours of work shall be based in an average of 38 hours per week, to be worked between the hours of 6am to 6pm, Monday to Friday. The ordinary hours of work shall not exceed 8 hours on any one-day.
B. Implementation of 38 Hour Week
16.2.1 Rostered Days Off (RDO’s) may be taken on a day agreed by an employee and employer or 19 days before or after the designated industry RDO. Where an employee elects he/she may bank a minium of five (5) RDOs in a twelve-month period. The weekly pay slip of an employee shall record accumulated RDO entitlements.
1. Substitute Days – The flexibility for taking substitute Rostered Days Off (RDO’s) shall be in accordance with the provisions outlined in clause 13.3 of this Award.
17. WORKERS’ COMPENSATION
Leighton and subcontractors must ensure that all persons engaged to work on the project are covered by adequate levels of workers’ compensation insurance.
Leighton will audit Certificates of Currency from each subcontractor engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to accredited Union officials on request.
§ Leighton and subcontractors shall keep a register of injuries/site accident book in a readily accessible place on site;
§ All employees must enter in the register any injury received by the employee. The contractor/subcontractor must be notified of all injuries on site immediately;
§ An employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer;
§ An employer who receives a request from their insurer for further specified information must within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the employer or reasonable obtained by the employer;
§ An employer who has received compensation money from an insurer shall as soon as practicable pay the money to the person entitled to the compensation.
18. LONG SERVICE COMPLIANCE
If applicable, in accordance with the NSW Building and Construction Industry Long Service Leave Act, no employee will be engaged on site unless he or she is a worker registered under the relevant long service leave legislation. All subcontractors (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.
All Employers shall provide documentary evidence from the Long Service Payments Corporation to Leighton where applicable.
19. Workers' Compensation Top-Up Cover
and24 Hour Accident Cover
Only to the extent that such cover is not otherwise available to an employee, Leighton shall effect with a company of its choice both top-up insurance and 24 hour accident cover. Benefits afforded by such cover shall be equivalent to the benefits provided by Coverforce Insurance Administrators Pty Ltd (ACN 067 079 261) under the company's Coverforce Top-Up Accident Scheme. Leighton shall have the discretion at any time to effect the policy with any company provided that the policy allows for equivalent benefits. An additional $25,000.00 outside of working hours accidental death cover will be provided in addition to death cover already provided by CTAS.
20. Superannuation
Each employer shall comply with its award, or enterprise agreement and legislative obligations in respect of superannuation, except that the minium weekly contribution for all employees shall be $75.00 per week on and from the date of commencement on site and is subject to the Consumer Price Index (all capital cities) adjustment each 6 months commencing from 1st July 2000.
21. Redundancy
Each employer shall comply with its award obligations or enterprise agreement provisions in respect of redundancy, except that the minium weekly contribution for all employees on and from date of commencement on site shall be $56.00 per week and is subject to the Consumer Price Index (all capital cities) adjustment each 6 months commencing from 1st July 2000.
22. DELEGATES
Site delegates of the respective unions will be accepted by the Project Manager, the Contractors and their Subcontractors. The names of delegates should be advised to the Project Manager. Delegates will be given appropriate time and facilities to assist them in their duties. Delegates will be given the opportunity for relevant paid trade union training and time to attend union meetings authorised by the Secretary of the relevant union. Any costs associated with the implementation of the provisions in this Clause shall be paid by each Employer.
23. Compliance with award and statutory
requirements
All Employers shall comply with their obligations under this Award, any enterprise agreement, applicable award(s) and legislation.
Further, arrangements or practices designed to avoid award and legislative obligations, such as cash in hand, sham subcontractor arrangements and all in payment systems shall not be allowed on the project nor will inappropriate adoption of ABN and PPS arrangements (refer to the NSW Government Code).
In consultation with the authorised union official, Leighton will establish a mechanism to ensure that the requirements of this Award are met.
24. industry convention
The Parties are aware of the convention of some Employers making payments or providing conditions to their employees in excess of the relevant awards or enterprise agreement by private treaty for incentive purposes or for the purpose of attracting labour.
The Parties agree they will not seek to change the terms of this Award as a result of a private treaty as described above nor will they seek redress from any employer.
25. IMMIGRATION COMPLIANCE
The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed Australian citizens and permanent residents. Subcontractors will be advised by Leighton of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by a subcontractor on the project, the principal contractor will act decisively to ensure compliance.
26. 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 ground of race, sex, marital status, disability, homosexuality, transgender identity and age.
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.
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 practise 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.
26.5 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.
27. 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) of this subclause, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement 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, the 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:
iv) the employee being responsible for the care of the person concerned; and
v) the person concerned being:
a) a spouse of the employee; or
b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
c) a child or an adult child (including an adopted child, a step- child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
i) "relative" means a person related by blood, marriage or affinity;
ii) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(iii) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
27.2 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 (27.1) of this clause who is ill.
27.3 Annual Leave
a) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed to by the parties.
b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
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.
27.4 Time Off in Lieu of Payment for Overtime
a) For the purpose only of providing care and support for a person in accordance with subclause (27.1) of this clause, the following provisions shall apply:
b) 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.
c) 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.
d) 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.
27.5 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 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.
27.6 Rostered Days Off
a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
b) An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.
c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
d) This subclause is subject to the employer informing each union, which is both 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.
28. Union right of entry
Union officials with powers of entry under either Federal or State legislation shall report to the Leighton Project Manager’s site office upon arrival and before proceeding onto the Project.
29. Dispute Settlement procedures
29.1 Industrial
The Parties shall use their best endeavours to prevent industrial disputes arising on the project.
In the event that an industrial dispute does arise, the parties shall use their best endeavours to resolve the dispute by adopting the following dispute settlement procedures.
While the dispute is being resolved, work shall continue in accordance with the status quo prior to the dispute, but no party shall be prejudiced as to final settlement of the dispute by the continuance of work pursuant to this subclause.
29.2 Subcontractor
In the event of a dispute involving an individual subcontractor and its employees, the parties to the dispute shall adopt the following procedure:
Step 1
At first instance the employee(s) shall raise any grievances with the supervisor and the union delegate.
Step 2
If after Step 1 the dispute remains unresolved, the union delegate and the project manager shall confer with the subcontractor’s on-site manager in an attempt to resolve the dispute.
Step 3
If after Step 2 the dispute remains unresolved, the union delegate and the project manager shall refer the dispute to the project’s Monitoring Committee for resolution.
Step 4
If after Step 3 the dispute remains unresolved, the subcontractor and/or the union shall notify either the Industrial Relations Commission of NSW (“IRCNSW”) or the Australian Industrial Relations Commission (“AIRC”) of a dispute.
The IRC NSW’s or the AIRC’s decision shall be binding on all parties, subject to the parties’ right of appeal.
29.3 Project
In the event of a dispute involving Leighton, all subcontractors and their employees, the parties to the dispute shall adopt the following procedure:
Step 1
At first instance the employee(s) shall raise any grievances with the supervisor and/or union delegate.
Step 2
If after Step 1 the dispute remains unresolved, the union delegates and the site managers of each subcontractors involved in the dispute shall confer with the Leighton Project Manager for assistance to resolve the dispute.
Step 3
If after Step 2 the dispute remains unresolved, the union delegates and the Leighton Project Manager shall refer the dispute to the project’s Monitoring Committee for resolution.
Step 4
If after Step 3 the dispute remains unresolved, Leighton or the union(s) shall notify either the IRCNSW or the AIRC of a dispute. The IRCNSW or the AIRC’s decision shall be binding on all parties, subject to the parties right of appeal.
29.4 Award
In the event of a dispute over this Award other than inclement weather, the Parties shall adopt Steps 1, 2 and 3 of the “project” dispute settlement procedures.
If the Monitoring Committee cannot resolve the dispute, the Monitoring Committee shall refer the dispute to the Parties for resolution.
If the Parties cannot resolve the dispute, the Parties shall refer the dispute to either the IRCNSW or the AIRC for determination; and, in referring the dispute, the Parties shall seek to have the matter dealt with by a senior member of that Commission.
The Parties agree that a 7 day cooling off period shall if necessary, apply to any dispute which occurs on the project.
The IRC NSW’s or the AIRC’s decision shall be binding on all Parties, subject to the Parties’ rights of appeal.
29.5 Demarcation Disputes
In the event that a demarcation dispute arises and the dispute cannot be resolved between two or more Unions over coverage of any particular item of work, then the Unions agree to resolve the dispute in a timely manner strictly in accordance with the following procedures:
a) ensure that no stoppage of work or other forms of industrial action occur;
b) notify the Labor Council of NSW of the demarcation dispute. The Labor Council of NSW will participate in any discussions or meetings convened to try to reconcile the relevant Unions or members.
c) all Parties to this Award reserve their right to submit matters in dispute to either the IRC NSW or the AIRC for determination.
Not withstanding anything in this clause the status quo prior to the dispute shall prevail and work shall continue while the dispute is resolved.
Parties to this Award agree to abide by the terms of the Demarcation Agreements which exist between the Unions.
30. not a precedent
The parties to this Award will not use this Award as precedent on any other project.
|SIGNED for and on behalf of |) | |
|LEIGHTON CONTRACTORS PTY LIMITED |) | |
|in the presence of |) | |
| |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|......................................................| |................................................... |
|... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|THE LABOR COUNCIL OF NSW |) | |
|in the presence of |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|......................................................| |................................................... |
|... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION |) | |
|CONSTRUCTION AND GENERAL DIVISION NSW BRANCH |) | |
|in the presence of |) | |
| |) | |
| |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|......................................................| |................................................... |
|... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|THE ELECTRICAL TRADES UNION OF AUSTRALIA NEW SOUTH |) | |
|WALES BRANCH |) | |
|in the presence of |) | |
| |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|......................................................| |................................................... |
|... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|THE TRANSPORT WORKERS’ UNION OF AUSTRALIA NEW SOUTH |) | |
|WALES BRANCH |) | |
|in the presence of |) | |
| |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|......................................................| |................................................... |
|... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|THE COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY |) | |
|INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION,|) | |
|PLUMBING DIVISION. |) | |
|In the presence of |) | |
| | | |
|......................................................| |................................................... |
|... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|....................................................| |................................................... |
|..... | |Date |
|Name of Witness (Print) | | |
|SIGNED for and on behalf of |) | |
|AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING & |) | |
|KINDRED INDUSTRIES UNION NEW SOUTH WALES BRANCH |) | |
|in the presence of |) | |
| |) | |
| |) | |
| | | |
|....................................................| |................................................... |
|..... | |Name of Signatory (Print) |
|Signature of Witness | | |
| | | |
|....................................................| |................................................... |
|..... | |Date |
|Name of Witness (Print) | | |
Annexure A
Classifications Covered by this PROJECT AWARD
Those classifications covered by the following Awards:
Federal Awards
• National Building and Construction Industry Award 1990.
• National Metal and Engineering On-Site Construction Industry Award 1989.
• Plumbing Industry (New South Wales) Award 1983.
• Sprinkler Pipe Fitters Award 1975.
State Awards
• General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.
• Building and Construction Industry Labourers’ On-Site (State) Award.
• Building Tradesmen (State) Construction Award.
• Electrical Contracting Industry (State) Award.
• Plant, Operators on Construction (State) Award.
• Plumber and Gasfitters (State) Award.
• Landscape Gardeners on Building and General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.
• Transport Industry - Interim State Award, and applicable NSW Determinations.
• Metal and Engineering Industry (NSW Interim Award).
M. J. WALTON J, Vice-President
____________________
Printed by the authority of the Industrial Registrar.
(1264) SERIAL C0222
Aged Care Industry (Broken Hill) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Labor Council of new South Wales, State Peak Council for Employees.
(No. IRC 223 of 2001)
Before Mr Deputy President Sams 2 March 2001
AWARD
PART A
1. Arrangement
|Clause Title |Clause No |
|Accommodation and Amenities |32 |
|Allowances for Special Working Conditions |11 |
|Anti-Discrimination |30 |
|Annual Leave |13 |
|Annual Leave Loading |14 |
|Area, Incidence and Duration |34 |
|Arrangement |1 |
|Attendance at Meetings and Fire Drills |24 |
|Compassionate Leave |19 |
|Definitions |2 |
|Emergency Telephone Calls |27 |
|Grievance and Dispute Resolution Procedures |23 |
|Higher Duties |21 |
|Hours of Work |5 |
|Labour Flexibility and Mixed Functions |25 |
|Leave Reserved |33 |
|Long Service Leave |15 |
|Meals & Tea Breaks |8 |
|No Extra Claims Commitment |35 |
|Notice Board |31 |
|Overtime |9 |
|Parental Leave |18 |
|Payment and Particulars of Wages |4 |
|Penalty Rates and Shift Allowances |10 |
|Personal/Carers’ Leave |17 |
|Probationary Employees |6 |
|Promotions and Appointments |26 |
|Public Holidays |12 |
|Redundancy |29 |
|Roster of Hours |7 |
|Sick Leave |16 |
|Superannuation |20 |
|Termination of Employment |28 |
|Uniforms and Protective Clothing |22 |
|Wages |3 |
PART B
MONETARY RATES
Table 1 — Wages
Table 2 — Allowances
2. Definitions
For the purposes of this award the following terms have been defined:
ADULT SERVICE means service with an employer during which the worker received a rate of pay not less than the lowest rates fixed for an adult, in the same classification as the worker, or the employee is on the age scale at 18 years or over.
COOK GRADE A means a person employed in a Retirement Village, Nursing Home, or Hostel whose principal task is the planning, preparation and cooking of meals, snacks, and confectioneries, for an average of 100 or more persons per day.
COOK GRADE B means a person employed who performs the same functions as a Cook Grade A, except for an average of less than 100 persons per day.
COUNCIL means the Barrier Industrial Council.
DAY WORKER means an employee whose ordinary hours of work are performed within the period Monday to Friday, and who commences work on such days at or after 6:00 a.m. and before 10.00 a.m. otherwise than as part of a shift system.
DIVERSIONAL THERAPIST shall mean a person who provides, facilitates, and co-operates group and individual leisure and recreational activities. This person must be a graduate from an approved university course which includes: the Associate Diploma and Diploma of applied Science (Diversional Therapy) at the University of Sydney; Bachelor of Applied Sciences (Leisure and Health) at the University of Sydney; Bachelor of applied Science (Diversional Therapy) at the University of western Sydney, Macarthur; the Diploma or Bachelor of Health Sciences (Leisure and Health) at Charles Sturt University; the Associate Diploma Course in Diversional Therapy conducted by the Cumberland College of Health and Sciences; or who has such other qualifications deemed to be equivalent.
GARDENER means a person employed as such whose duties include any or all of the following; planning and preparation of garden beds, propagation of seeds, planting out, pruning and shaping of trees and shrubs, servicing indoor plants, re-potting of plants, preparing and spraying pesticides and herbicides and maintaining lawns and edges.
GENERAL SERVICES OFFICER GRADE I means a person who performs general cleaning duties and household chore type duties, including but not limited to, all cleaning associated with pots, pans, stoves, refrigerators or any other kitchen machinery and general kitchen cleaning, high cleaning, outside cleaning, stripping or sealing floors, portering of residents and/or heavy equipment, general laundry duties including the loading and unloading of commercial type washing machines; cleaning of tooth and vomit bowls, sanitising of bed pans and other equipment, the cooking and/or preparing of light refreshments, eggs, toast, salad etc., and the making of unoccupied beds.
GENERAL SERVICES OFFICER GRADE 2 means a person who, in addition to the duties of a Grade I, performs the duties of the previous classifications of handyperson, assistant cook and storeperson. A Handyperson means a person who does general non trades maintenance, servicing and repair work of plant property, fixtures, appliances and equipment, and may also include lawn mowing, tidying and hosing/sweeping of grounds, paths, driveways, and general access areas.
GENERAL SERVICES OFFICER GRADE 3 means a person who is wholly or substantially employed in providing assistance to a therapist, a recreational activities officer, a dietitian, or a hostel supervisor, with routine professional, recreational activity and personal care services, and may in addition perform the duties of a General Services Officer Grade 2.
HOSTEL SUPERVISOR means a person employed as such, who is required to oversight the day to day conduct of hostel operations, including;- supervision of staff in the performance of their duties, ensuring the care and welfare of residents, and performing the general administrative functions essential to the efficient and effective management of the facility.
MAINTENANCE SUPERVISOR (BASIC TRADE QUALIFICATION) means a person employed as such who is required to supervise other maintenance staff (GSO 2) and who has trade qualifications which require an apprenticeship.
MAINTENANCE SUPERVISOR (OTHERWISE) means a person employed as such who is required to supervise other maintenance staff (GSO 2), or oversee the operation of a maintenance program.
ORDINARY TIME RATE OF PAY means the base rate weekly or hourly rate of pay free of any shift penalty rates or other allowances.
PERSONAL CARE ASSISTANT means a person who is required to provide personal care and aid to hostel residents by way of individual attention, supervision, and physical assistance. Routine activities are not limited to, but include the following:-assistance with dressing and undressing, showering, bathing, personal hygiene, grooming, fitting of limbs and appliances, mobility and communications aids, and the provision and oversighting of the taking of medication. It also involves assistance in transferring to and from wheel chairs, and the positioning and guidance of mobility aids.
RECREATIONAL ACTIVITIES OFFICER means a person who, though lacking the formal qualifications of a Diversional Therapist, is employed to plan, conduct, and assist residents in recreational and therapeutic activities, including any or all of the following: individual craft teaching, group activities, social outings and/or training classes.
SHIFT WORKER means an employee who is not a day worker as defined.
UNION means the Broken Hill Town Employees Union, and as applicable, the Federated Clerks Union (Broken Hill Branch).
3. Wages
Employees shall be paid not less than the rates prescribed for the appropriate classifications set out in Table 1- Wages, of Part B Monetary Rates.
The rates of pay in this award include the adjustments payable under the State Wage Case of May 2000. These adjustments may be offset against:
(a) any equivalent overaward payments, and/or
(b) award wage increases since 29 May 1991 other than Safety Net, State Wage Case, and Minimum rates adjustments.
4. Payment and Particulars of Wages
(a) Wages shall be paid weekly or fortnightly, provided that, for the purpose of adjustments of wages relating to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly.
(b) On each payday the pay shall be made up to a day not more than five days prior to the day of payment.
c) Employees shall have their wages paid by direct deposit or electronic transfer into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to payment by cash or cheque has been reached between the Union and the employer due to the isolation of the place of employment and/or the limited number of employees.
(d) Wages shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by the close of business on pay day. Where the wages are not available to the employee by such time due to circumstances beyond the employer’s control, the employer shall not be held accountable for such delay.
(e) Where the services of an employee are terminated with due notice, all moneys owing shall be paid upon cessation of employment, but in the case of termination without due notice, within one working day.
(f) On payday each employee shall be provided with a payslip which specifies the following particulars:
(i) name and date of payment;
(ii) period for which the payment is made;
(iii) gross amount of wages, including overtime and other earnings;
(iv) ordinary hourly rate;
(v) amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;
(vi) amount of other earnings and the purpose for which they are paid;
(vii) amount deducted for taxation purposes;
(viii) particulars of all other deductions;
(ix) net amount paid; and
(x) amount deducted as employee contributions for superannuation.
(g) Where an employer has overpaid an employee, the employer shall notify the employee of such overpayment and how such overpayment is made up, in writing, and may recover such amounts, with the agreement of the employee as to the amount of the overpayment and method of such recovery. This subclause authorises the use of deductions from wages for the purpose of such recovery. All such deduction from wages must be authorised in writing by the employee.
5. Hours of Work
Part I - Full Time Employees
(a) (i) The ordinary hours of work for day workers exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight to be worked Monday to Friday and to commence on such days at or after 6:00 am and before 10.00 am.
(ii) The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average of 38 per week in each roster cycle. Each shift shall consist of not more than 8 ordinary hours of work per day, providing that by mutual agreement a shift may consist of 10 ordinary hours per day.
(b) Each full time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off in each week shall be consecutive.
(c) There shall be a minimum of eight (8) hours between ordinary rostered shifts.
(d) The hours of work prescribed in subclause (a) shall be arranged as follows:
(i) 152 hours per 28 calendar day cycle, to be arranged so that each employee shall not work his/her ordinary hours on more than 19 days in the 28 day cycle; or
(ii) By agreement between employer and employee(s) concerned, 76 hours in each fortnight, or 38 hours in each week.
(e) (i) A full time employee working his/her hours in an arrangement which provides for an accumulation of hours per week shall be permitted an Allocated Day Off (ADO) per month, not exceeding twelve per year.
(ii) The taking of an ADO shall be determined by mutual agreement between the employee and the employer having regard to the needs of the establishment or sections thereof. Where practicable, such ADO shall be consecutive with rostered days off duty.
(iii) Once set, the ADO may not be changed in a current cycle unless there are genuine unforseen circumstances prevailing. Where such circumstances exist and the ADO is changed, another day shall be substituted in the current cycle. Should this not be practicable, the day must be given and taken in the next cycle immediately following.
(iv) Where the employee and the employer agree, up to five (5) ADO’s may be accumulated, and taken in conjunction with Annual Leave, or taken at a mutually agreed time.
(v) Where an employee's ADO falls due during a period of workers' compensation, the employee, on returning to duty, shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.
(vi) Where an employee's ADO falls on a Public Holiday the next working day shall be taken in lieu thereof.
(vii) There shall be no accrual of credit towards an ADO for each day of ordinary annual leave taken. However, where an employee accumulated sufficient time to take his/her ADO prior to entering on annual leave, and that day would have been taken if the employee had not gone on annual leave, it shall be allowed to the employee on the first working day immediately following the period of leave.
Where an employee has not accumulated sufficient time for an ADO prior to entering on annual leave, time in credit shall count towards taking the next ADO falling in sequence after the employee's return to duty.
(viii) An employee returning to duty from Long Service Leave shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.
Part II - Permanent Part-Time Employees
(a) A permanent part-time employee is one who is permanently appointed by the employer to work a specified number of hours which are less than those prescribed for a full time employee, provided that the engagement shall be no less than 2 hours on any one day or 4 hours in any one week. Such specified number of hours shall be recorded in writing and may only be changed by mutual agreement.
(b) An employee so engaged shall be paid for the actual number of hours worked at an hourly rate calculated on the basis of one thirty-eighth of the appropriate weekly rate of pay.
(c) The hours of a permanent part-time employee shall be so arranged that they may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave, and there shall be no interruption to the continuity of employment merely by reason of a permanent part-time employee working on a "week on", "week off" basis.
(d) Each permanent part-time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off shall be consecutive.
(e) There shall be a minimum break of eight hours between ordinary rostered shifts.
(f) Employees engaged under this clause shall be entitled to all other benefits of the Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.
Part III - Casual Employees
(a) (i) A casual employee is one engaged on an hourly basis or otherwise than as a full-time employee, permanent part-time employee.
(ii) A casual employee may only be engaged in the following circumstances: for short term periods where there is a need to supplement the work force arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.
(b) For all time worked, a casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus a loading of 20 per cent thereof, with a minimum payment of two hours for each start, and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 28, Uniforms and Protective Clothing.
(c) The 20 per cent loading referred to in subclause (b) shall be part of the ordinary rate for all purposes of this award and is in lieu of shift allowances, weekend penalties and annual leave.
(d) For the entitlement to long service leave, see Long Service Leave Act 1955.
(e) With respect to a casual employee, the provisions of the following clauses shall not apply: 10, Roster of Hours; 12, Overtime; 17, Annual Leave; 18, Additional Annual Leave; 19, Annual Leave Loading; 20, Long Service Leave; 21, Sick Leave; 22, Compassionate Leave; 23, Personal Carers Leave; 24, Parental Leave and 35, Redundancy.
6. Probationary Employees
(a) A person appointed whether in a full time or permanent part-time capacity shall serve a probationary period of 2 months.
(b) During the probationary period such employee shall be provided with the appropriate training and instruction to enable them to perform the duties and functions of the position.
(c) During the probationary period the employee will be advised of any areas of concern and expected performance outcomes.
(d) At the successful conclusion of the probationary period, the employee shall be offered a permanent position by the employer.
7. Roster of Hours
(a) The ordinary hours of work for each full time or permanent part-time employee shall be displayed on a roster in a place conveniently accessible to employees. Where reasonably practicable, such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.
(b) This provision shall not make it obligatory for the employer to display any roster of ordinary hours of work for any relieving/casual employee.
(c) A roster may be altered at any time to enable the services of the organisation to be carried on where an employee is absent from duty on account of illness or in an emergency. Where any such alteration involves an employee working on a day which should have been his/her rostered day off, such employee may elect to be paid at overtime rates or have a day off in lieu which shall be mutually arranged. Provided that this provision shall not apply where the only change to the roster of a permanent part-time employee is the mutually agreed addition of extra hours to be worked such that the permanent part-time employee still has two rostered days off in that week or four rostered days off in that fortnight as the case may be.
(d) Where an employee is entitled to an allocated day off duty that allocated day off duty is to be shown on the roster of hours for that employee.
(e) Each sleepover shall appear on the roster.
8. Meals & Tea Breaks
(a) Employees shall not be required to work more than five hours without a meal break. Such meal break shall be of between 30 and 60 minutes duration and shall not count as time worked.
(b) Notwithstanding the provisions of subclause (a) of this clause, an employee required to work shifts in excess of 10 hours shall be entitled to a 60-minute meal break. Such time shall be taken as either two 30-minute meal breaks or one 60-minute meal break, subject to agreement between the employer and the employee.
(c) Two separate ten minute tea breaks (in addition to meal breaks) shall be allowed to each employee on duty during each ordinary shift of 7.6 hours or more.
(d) Where less than 7.6 ordinary hours are worked, employees shall be allowed one ten minute break in each four hour period.
(e) Subject to agreement between the employer and the employee, the two ten-minute tea breaks may alternatively be taken as one 20-minute break, or by one ten-minute break with the employee allowed to proceed off duty ten minutes before the completion of the normal finishing time.
(f). Such tea break (s) shall count as working time.
9. Overtime
(a) All time worked by employees outside ordinary hours shall be paid for at the rate of double time; all overtime worked on public holidays shall be paid for at the rate of double time and a half.
(b) An employee recalled to work overtime after leaving the employer's premises, shall be paid for a minimum of four hours work at the appropriate overtime rate for each time so recalled. Provided that, except in unforeseen circumstances arising, an employee shall not be required to work the four hours if the job for which he/she was recalled to perform is completed within a shorter period.
(c) An employee recalled to work overtime shall be paid all fares and expenses reasonably incurred in responding to the recall. Where, in so responding, an employee uses his/her own transport, a motor vehicle allowance shall be paid as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.
(d) When overtime work is necessary it shall be arranged, as far as it is practicable, so that employees have at least eight consecutive hours off duty between work on successive days or shifts.
(e) An employee who works so much overtime:-
(i) between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times; or
(ii) on a Saturday, Sunday, and/or a Public Holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four hours preceding the ordinary commencing time on his/her next ordinary day or shift;
shall, subject to these subclauses, be released after completion of such overtime, until he/she has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty, such employee shall be paid at double time until released from duty for such period and the employee then shall be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(f) For the purposes of assessing overtime, each day shall stand alone, provided however that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the day first occurring.
(g) Permanent part-time employees will be entitled to be paid overtime on any day they work in excess of 8 ordinary hours. However by mutual agreement, Permanent part-time employees may work shifts in excess of eight hours up to a maximum of ten hours at ordinary rates of pay. In this case overtime payments for that shift would not commence until the completion of the agreed shift time which could be anything between eight and ten hours.
(h) An employee who is required to work overtime for more than two hours and such overtime goes beyond 7:00 a.m., 1:00 p.m. and 6:00 p.m. shall, at the option of the employer, be supplied with a meal or shall be paid:
(i) For breakfast; an amount equal to 60% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 2 of Table 2 - Allowances, of Part B, Monetary Rates.
(ii) For lunch; an amount equal to 70% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 3 of the said Table 2.
(iii) For dinner; an amount equal to 100% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 4 of Table 2.
10. Penalty Rates and Shift Allowances
(a) Employees shall be paid the following percentages in addition to their ordinary rate for shifts rostered as follows:
(i) 10% for afternoon shift commencing at or after 10:00 a.m. and before 1:00 p.m.
(ii) 12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
(iii) 15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
(iv) 10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
provided however that laundry staff working afternoon or night shift shall be paid 20% in addition to their ordinary rate for such shift.
(b) Notwithstanding subclause (a) of this clause, employees working less than the hours prescribed for a full-time employee within clause 5, Hours- Full-time Employees, shall only be entitled to the additional rates where their shifts commence prior to 6:00 a.m. or finish subsequent to 6:00 p.m.
(c) Employees shall be paid the following penalties for ordinary hours of work occurring on a Saturday or a Sunday:
(i) for work between midnight on Friday and midnight on Saturday - time and one half;
(ii) for work between midnight on Saturday and midnight on Sunday - double time.
These extra rates shall be in substitution for and not cumulative upon the shift allowances prescribed in the subclause (a) of this clause.
11. Allowances for Special Working Conditions
(a) Sleepover Allowance
Hostel employees may be required in addition to working normal rostered shifts to carry out sleepovers. A sleepover means being accommodated overnight at the facility and sleeping, whilst at the same time being on hand to provide unforseen direct care to residents and work of an emergency nature.
The following conditions shall apply to each night of sleepover:
(i) The span for a sleepover shall be not less than eight hours and not more than ten hours on any one night.
(ii) Employees shall be provided with free board and lodging for each night on which they are required to sleep over.
(iii) Employees shall be provided with a separate room with a bed and use of staff facilities.
(iv) In addition to the provision of free board and lodging for such nights, the employee shall be entitled to a sleepover allowance of the amount set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates, for each night on which they sleepover.
(v) No work other than that of an emergency nature and/or work involving the direct care of residents shall be required to be performed during any sleepover.
(vi) An employee directed to perform work other than that of an emergency nature and/or work involving the direct care of a resident during any sleepover shall be paid the appropriate hourly rate from the start of the sleepover to the end of the non-emergency work, or from the start of the non-emergency work to the end of the sleepover, whichever is the lesser, in addition to the sleepover allowance.
(vii) All time worked during any sleepover shall be paid as follows;
(1) All time worked by full-time employees during any sleepover shall be paid for at overtime rates.
(2) All time worked by permanent part-time employees and casual employees during any sleepover shall be paid for at ordinary rates; provided that, if the total number of hours worked on that day exceeds the number of hours worked by full-time employees, or ten hours where there are no such full-time employees, then the excess hours worked on that day shall be paid for at overtime rates; and provided further that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.
(3) And provided further that where the employee does not have eight consecutive hours off duty between ordinary rostered duty on successive days, then the provisions of paragraph (x) of subclause (a) of this clause will apply.
(viii) A sleepover may be rostered to commence immediately at the conclusion of the employee's shift and continuous with that shift; and/or immediately prior to the employee's shift and continuous with the shift, and not otherwise.
(ix) No employee shall be required to sleepover during any part of their rostered days off and/or allocated days off.
(x) An employee (whether a full-time employee, permanent part-time employee or casual employee) who performs so much work during sleepover periods between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such work until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(xi) Casual employees may only be used for sleepovers when full-time employees, permanent part-time employee are not available for that duty and in no case shall casual employees be used exclusively or almost exclusively for sleepovers.
(xii) Nothing in this clause shall preclude the employer from rostering an employee to work shift work in lieu of undertaking sleepovers.
(b) Driving Allowances
(i) Employees other than the drivers of ambulances, buses or other motor vehicles, who are required to drive a vehicle as part of their duties shall be paid in addition to the ordinary rate, an allowance of the amount set out in Item 6 of Table 2 Allowances per week for each week in which they are required to drive a vehicle provided that an employee who drives a vehicle for more than ten hours in any week shall be paid the appropriate rate for a motor vehicle driver for the time spent driving, with a minimum payment of the amount set out in the said Item 6 of Table 2 Allowances. Provided that an employee who drives a vehicle for more than four hours in any one day or shift shall be paid as a motor vehicle driver for that day or shift with a minimum payment of the amount set out in Item 6 Table 2 Allowances.
(ii) Provided however, that an employee who drives a vehicle for more than 20 hours in any week shall be paid as a motor vehicle driver for that week.
(iii) Provided further that this subclause shall not apply to any employee in receipt of a margin in excess of that prescribed by this award for a motor vehicle driver, provided further that this subclause shall not apply to any employee who is required to relieve a driver of an ambulance, bus or other vehicle, and who is entitled to be paid in accordance with the terms of Clause 27, Relieving other Members of Staff.
(c) Special Cleaning Allowances
(i) Employees engaged in work of a dirty or offensive nature and/or cleaning or scraping work in confined spaces (such as inside ventilator shafts, air conditioning ducts or the like) shall, whilst so employed, be paid an allowance of the amount set out in Item 7 of Table 2 – Allowances per hour extra.
(ii) Provided however that employees engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser shall, whilst so employed, be paid an allowance of the amount set out in Item 8 of Table 2 – Allowances per hour extra.
(iii) Employees who are required to assist trades persons on work of a dirty or offensive nature shall be paid disability allowances under the same terms and conditions as the disability allowances that may be payable to the trades persons they are assisting.
(iv) Employees shall be paid an allowance of the amount set out in Item 9 of Table 2 – Allowances per hour or part thereof for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.
(d) Travelling Allowances
(i) An employee sent for duty to a place other than their regular place of duty, or required to travel on official business shall be paid for all excess travelling time at the appropriate rate of pay and will be reimbursed all reasonable travelling expenses and when their own private vehicle is used shall be paid the allowance as set out in item 10 of Table 2 - Allowances.
(e) On Call Allowances
(i) An employee required by his/her employer to be on call shall be paid the amount set out in Item 11 of Table 2 - Allowances.
(f) Flexibility Allowance
(i) In recognition of the increased flexibility to work arrangements and the anticipated productivity gains brought about by this award, each employee who works a shift in excess of five hours on any one day, shall receive an allowance of an amount as set out in Item 12 of Table 2 – Allowances for each shift so worked. Such allowance will be paid as a flat rate per shift and will not be paid for any other purpose of the award, nor will it be increased at any time.
12. Public Holidays
(a) The following shall be deemed public holidays: New Years' Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the organisation is situated.
(b) (i) In addition to those holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday shall occur on the day on which the August Bank holiday is observed, or at the election of the employer, may be transferred as an additional public holiday to a day between Christmas and New Year.
(ii) Any individual employer wishing to transfer the August Bank Holiday shall nominate before July 1 of each calendar year, the date on which the additional public holiday is to be observed. Such date shall occur within the days of Monday to Friday inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year. Once such an election is made, such date then becomes the date on which the additional public holiday is to be observed for all workers in that establishment covered by this award.
(iii) The foregoing will not apply where in each year, a day in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a public holiday, and will not apply in those areas where, in each year at least two half days, in addition to the ten named public holidays specified in the said subclause (a), are proclaimed and observed as half public holidays.
(iv) Provided further, that in areas where in each year, only one half day in addition to the ten named public holidays specified in subclause (a) as proclaimed and observed, the whole day will be regarded as a public holiday for the purposes of this award, and no additional public holiday which would otherwise result from this subclause will be observed.
(c) Public Holiday Rates
(i) Public Holidays shall be allowed to employees without loss of ordinary pay.
(ii) An employee shall not be entitled to the benefits of the preceding sub-clause in respect of any public holiday if absent from work without reasonable cause on the working day before or after the public holiday.
(iii) Where an employee is rostered to and does work on any public holiday, he/she shall be paid in lieu of the normal penalties that the shift would have attracted, the following:
(a) Full time and Permanent Part-time employees - 100% extra for all time worked, plus one day's pay in addition to the normal weekly rate, or, as the employee may elect, 100% extra for all time worked in addition to the weekly rate, and the addition of one ordinary working day to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.
(b) Casual employee - 100% extra for all time worked, but, such penalty shall supersede the normal casual loading and any other penalty rate normally paid for that day’s work. The 100% shall be inclusive of the casual loading not cumulative.
(c) Full time shift workers rostered off duty on a public holiday shall be paid one day's pay in addition to the weekly rate, or, as the employee may elect, have one day credited to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.
(d) Permanent Part-time workers working 30 hours per week over five days per week shall be entitled to payment for public holidays on which they are not required to work and for public holidays falling on a rostered day off.
(e) Where a public holiday falls on a day upon which a Monday to Friday employee would not normally have worked, the employee will not attract any additional allowance or entitlement as a consequence of the day on which the holiday falls. Except that, where an alternative day is substituted by Government gazette, the substituted day shall be for all purposes, the Public Holiday.
13. Annual Leave
(a) All employees other than casuals shall, on the completion of each 12 months employment, be given five weeks annual leave.
(b) Each week of annual leave for a permanent part-time employee shall be calculated on the average weekly hours for the 12 months period over which the leave has accrued.
(c) (i) In any year of employment, should an employee not complete 12 months service, he/she shall on the termination of his/her employment, be entitled to receive payment in lieu of annual leave on a pro rata basis.
(ii) Payment shall be calculated by multiplying the employee's ordinary rate of pay, at the time of termination, by the number of completed weeks worked in the period since the date of last annual leave accrual, (or since the date of commencement if in the first 12 months of employment), and calculating 5/47th of the result.
(d) The employer or employee shall provide three months notice where practicable, and not less than one month's notice, of the date upon which it is intended the employee shall enter upon annual leave. Provided that the actual date of annual leave shall be determined by mutual agreement.
(e) Before an employee proceeds on annual leave they shall be paid all monies due to them in respect of the period of leave being taken. Provided that, where an employer normally pay wages by Electronic Funds Transfers, an employee may elect to forego payment in advance and have annual leave entitlements paid into their private account in the normal way.
(f) (i) Every employer shall ensure that for each employee there shall be maintained an accurate record of annual leave.
(ii) That record shall show the employee's date of commencement, the date on which leave is due, all credits and debits, the payment of annual leave loading entitlements for the year, and any additional leave accruing as a result of Sundays and Public Holidays worked.
(g) Additional Annual Leave
(i) An employee rostered to work ordinary hours on Sundays and/or Public Holidays shall be entitled to receive additional annual leave, if during a qualifying period of employment for annual leave purposes, shifts have been worked in accordance with the following scale:-
3 shifts or less nil
4 - 10 shifts 0.2 of a week
11 - 17 shifts 0.4 of a week
18 - 24 shifts 0.6 of a week
25 - 31 shifts 0.8 of a week
32 or more shifts 1.0 week
(ii) On termination of employment, an employee shall be entitled to payment in lieu for any untaken additional annual leave accrued, plus payment for the pro rata amount worked since the date that annual leave was last accrued.
14. Annual Leave Loading
(a) All employees, other than casual employees, are entitled to receive an Annual Leave Loading on their ordinary rate of pay for the period of annual leave. The loading shall be:
(i) 17.5% of the ordinary weekly wage; or
(ii) the shift allowances and weekend penalty rates that would have been paid for that period, had the employee not proceeded on leave;
whichever is the greater.
(b) Annual Leave Loading shall be paid on a pro rata basis on termination of employment where the termination is employer initiated, but it shall not apply where the reason for the employer initiated termination arises from an employee's serious or wilful misconduct.
(c) The resignation of an employee shall not entitle that person to payment of pro rata annual leave loading for any period of service completed since the last annual leave entitlement fell due. However, where an entitlement has already accrued to the employee, and has yet to be paid, the final wages payment is to include such payment.
15. Long Service Leave
(a) Employees shall be entitled to 13 weeks long service leave on full pay after ten years service; thereafter additional long service leave shall accrue on the basis of 6.5 week’s leave for each consecutive period of 5 years completed service.
(b) Where the services of an employee with at least five years service as an adult are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, the entitlement to be paid shall be a proportionate amount calculated on the basis of 13 weeks for ten years service.
(c) Long Service Leave shall be taken at a time mutually arranged between the employer and the employee, and as far as is practicable, at the earliest time possible after the leave becomes due.
(d) On the termination of employment of an employee, otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.
(e) (i) Where an employee who has acquired a right to long service leave, or after having had five years service as an adult and less than ten years service, dies, the widow or the widower of such employee, or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such employee, a dependant relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee.
(ii) Where there is a guardian of any children entitled under this paragraph, the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.
(iii) Where there is no person entitled under this paragraph to receive the monetary value of leave payable under the foregoing provisions, payment in respect thereof shall be made to the legal personal representative of such employee.
(f) In calculating the remuneration due to a permanent part-time employee, whether proceeding on leave, or being paid in lieu, the calculation of monies due shall be based on the same formula as that applying to annual leave, being the average weekly ordinary hours worked in the twelve months preceding the time the leave is taken.
(g) Long service leave shall not be granted in a period of less than one month unless the employer and employee so agree.
16. Sick Leave
(a) An employee shall not be entitled to a sick leave credit until after three months consecutive service, at which time, the initial entitlement shall be:
(i) a credit of 76 hours for a full time employee; and
(ii) the average weekly ordinary hours in the preceding three months, for a permanent part-time employee.
(b) A full-time employee shall receive an annual sick leave credit of 76 hours of work on full pay, on the anniversary date of commencement, for each year of continuous service.
(c) A permanent part-time employee, on the anniversary date of commencement, shall be credited with a sick leave entitlement of a similar order, based on the average weekly hours of employment in the preceding year.
(d) All sick leave absences shall require the furnishing of a medical certificate, provided however that the employer may dispense with the requirements of a medical certificate where the absence is less than three days, or where, in the employer's opinion, the circumstances are such as not to warrant such requirements.
(e) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave, merely by reason of the fact that the employee is on sick leave.
(f) Each employee shall take all reasonable steps to inform the employer as early as possible, and preferably prior to the commencement of duty, of his/her inability to attend for duty. That advice should include as far as possible an estimate of the likely duration of the absence.
(g) (i) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation payments at full ordinary rate; provided however, that where an employee is not in receipt of such full ordinary compensation rate, an employer shall pay to an employee who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.
(ii) At the discretion of the employer, existing sick leave credits may be used by the employee pending resolution of any worker's compensation claim. Where and when liability is accepted, the sick leave taken shall be re-credited.
(iii) The employee's sick leave entitlement under this clause shall for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave credits, weekly compensation payments only shall be payable. Provided that this subclause shall not apply where an employee unreasonably refuses to undergo a rehabilitation program.
(h) Illness during annual leave, when such illness exceeds one week of annual leave and is covered by a medical certificate, or other evidence satisfactory to the employer, shall be regarded as sick leave, and the employee's annual leave shall be re-credited with an equivalent number of days.
17. Personal/Carer’s Leave
(a) Use of sick leave -
(i) An employee, other than a casual employee with responsibility in relation to a class of person set out in subparagraph (2) of paragraph (iii) of this subclause, who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 16, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(ii) 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.
(iii) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) 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 or a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(E) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
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.
(iv) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(b) Unpaid Leave for Family Purpose-
(i) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support of a member of a class or person set out in the said sub paragraph (2) of paragraph (iii) of sub clause (a) who is ill.
(c) Annual Leave-
(i) 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 Calender year at a time or times agreed by the parties.
(ii) Access to annual leave, as prescribed in paragraph (I) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(iii) 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.
(d) Time Off in Lieu of Payment for Overtime-
(i) 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.
(ii) 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.
(iii) If having elected to take time as leave, in accordance with paragraph (i) 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.
(iv) Where no election is made in accordance with paragraph (i) of this subclause, the employee shall be paid their overtime in accordance with the award.
(e) Make-up Time-
(i) An employee may elect, with the consent of their 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.
(ii) 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.
(f) Allocated Days Off
(a) An employee may elect with the consent of the employer, to take an allocated day off at any time.
(b) An employee may elect, with the consent of the employer, to take allocated days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all allocated days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee or subject to reasonable notice by the employee or the employer.
(d) This sub-clause 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 ADO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
18. Parental Leave
(a) All employees are entitled to paternity leave in accordance with the provisions of the Industrial Relations Act 1996.
(b) (i) Full-time employees, permanent part-time employees are eligible for paid maternity leave and paid adoption leave in accordance with the following provisions:
(1) Full-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks continuous service of not less than 31 1/4 hours per week prior to the expected date of birth or prior to the date of taking custody of the child.
(2) Permanent part-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks continuous service.
(ii) Employees who are eligible for paid maternity leave and paid adoption leave are entitled to maternity leave and adoption leave as follows:
(1) Paid Leave-
(A) Paid Maternity Leave - an eligible employee is entitled to nine weeks paid maternity leave at the ordinary rate of pay from the date the maternity leave commences.
Maternity leave may commence up to nine weeks prior to the expected date of birth. It is not compulsory for an employee to take this period off work. However, if an employee decides to work during this period, it is subject to the employee being able to satisfactorily perform the full range of normal duties.
(B) Paid Adoption Leave - an eligible employee is entitled to paid adoption leave of three weeks from and including the date of taking custody of the child.
Paid maternity leave and adoption leave may be paid:
1. on a normal fortnightly basis;
2. in advance in a lump sum;
3. at the rate of half pay over a period of 18 weeks on a regular fortnightly basis for maternity leave and at the rate of half pay over a period of six weeks on a regular fortnightly basis for adoption leave.
Annual and/or long service leave credits can be combined with periods of maternity leave or adoption leave on half pay to enable an employee to remain on full pay for that period.
(2) Unpaid Leave-
(A) Unpaid Maternity Leave - An employee is entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth of the child.
(B) Unpaid Adoption Leave - An employee is entitled to unpaid adoption leave as follows:
1. where the child is under the age of 12 months - a period of not more that 12 months from the date of taking custody;
2. where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by the employee and the employer.
(c) An employee who has once met the conditions for paid maternity leave and paid adoption leave will not be required to again work the 40 weeks continuous service in order to qualify for a further period of maternity leave or adoption leave, unless:
(i) there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement or after his/her services have been otherwise dispensed with; or
(ii) the employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.
(d) An employee who intends to proceed on maternity leave should formally notify her employer of such `intention as early as possible, so that arrangements associated with her absence can be made. Written notice of not less than eight weeks prior to the commencement of the leave should accordingly be given. This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.
(e) In the case of notification of intention to take adoption leave, due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify their employer as early as practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave to be made.
(f) After commencing maternity leave or adoption leave, an employee may vary the period of her maternity leave or adoption leave, once, without the consent of the employer and otherwise, with the consent of the employer. A minimum of four weeks notice must be given, although an employer may accept less notice if convenient.
(g) Any person who occupies the position of an employee on maternity leave or adoption leave must be informed that the employee has the right to return to his/her previous position. Additionally, since an employee also has the right to vary the period of her maternity leave or his/her adoption leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment should also be set down clearly, to a fixed date or until the employee elects to return to duty, whichever occurs first.
(h) When an employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual and long service leave and any period of maternity leave or adoption leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual and long service leave.
(i) Except in the case of employees who have completed ten years service the period of maternity leave or adoption leave without pay does not count as service for long service leave purposes. Where the employee has completed ten years service the period of maternity leave or adoption leave without pay shall count as service for long service leave purposes provided such leave does not exceed six months.
(j) Maternity leave or adoption leave without pay does not count as service for incremental purposes. Periods of maternity leave or adoption leave on full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.
(k) Where public holidays occur during a period of paid maternity leave or adoption leave, payment is at the rate of maternity leave or adoption leave received, that is the public holidays occurring in a period of full pay maternity leave or adoption leave are paid at the full rate and those occurring during a period of half pay leave are paid at the half rate.
(l) If because of an illness associated with her pregnancy an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.
(m) Where an employee is entitled to paid maternity leave, but because of illness, is on sick, recreation, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of the birth. The employee then commences maternity leave with the normal provisions applying.
(n) Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to satisfactorily perform. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.
(o) In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.
(p) In the case of stillbirth, an employee may elect to take sick leave, subject to the production of a medical certificate, or maternity leave. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.
(q) An employee who gives birth prematurely, and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have a child. Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.
(r) An employee returning from maternity leave or adoption leave has the right to resume her former position. Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and for which the employee is capable or qualified.
(s) Employees may make application to their employer to return to duty for less than the full-time hours they previously worked by taking weekly leave without pay. Such return to work is to be according to the following principles:
(i) the period is to be limited to twelve months after which the full-time duties must be resumed;
(ii) the employee is to make an application for leave without pay to reduce her full-time weekly hours of work. This application should be made as early as possible to enable the employer to make suitable staffing arrangements. At least four weeks' notice must be given;
(iii) the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;
(iv) salary and conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work, that is for long service leave the period of service is to be converted to the full-time equivalent and credited accordingly;
(v) Full-time employees who return to work under this arrangement remain full-time employees.
(t) Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing employment lapses.
19. Compassionate Leave
(a) An employee (other than a casual) after one month's continuous service with his/her present employer and on production of evidence satisfactory to that employer shall, on the death of a near relative be granted a maximum of three days' leave on full pay in any one year as compassionate leave.
(b) In general, compassionate leave with pay should be granted only in extraordinary or emergent circumstances where an employee is forced to absent themself from duty because of urgent pressing necessity. Such leave as is granted should be limited to the time necessary to cover the immediate emergency.
(c) Any absence occasioned by personal exigencies which might fairly be regarded as an obligation on the employee rather than the employer to make good, should be covered by the grant of leave without pay or, if the employee so desires, charged against his/her annual leave credit.
(d) The following basic principles could be kept in mind when dealing with applications:
(i) Deaths and Funerals of parents, partners, children, sister, brother, grandparent, grandchild, parents-in-law, brother-in-law or sister-in-law.
In general, compassionate leave with pay should be limited to one day, provided that where the employee is involved in funeral arrangements, travelling, etc., leave may be allowed for up to three days.
Leave with pay would not ordinarily be granted for the death or attendance at the funeral of a relative other than those mentioned, unless special circumstances exist, e.g. the employee resided with the deceased.
(ii) Applications for Special Leave relating to illness in the family should be treated in accordance with the provisions of Family Leave within this award.
(iii) Applications for Special Leave for emergency situations, such as bushfires, floods, civil emergencies, and the like should be considered on their merits and absences permitted utilising the three days compassionate leave component, annual or additional leave, or ADO’s. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
20. Superannuation
(a) The employer shall make superannuation contributions on behalf of all employees in accordance with the Superannuation Guarantee (Administration) Act 1992, as amended from time to time.
21. Higher Duties
(a) An employee when called upon by the employer to undertake duties carrying a higher rate of pay than their ordinary classification, shall be paid the higher rate for the time so spent performing the higher duties.
(b) This clause shall not apply when an employee in a higher grade is absent from duty by reason of his/her allocated or rostered day off duty. However, where the absence is attached to a period of paid leave so that the total period of relief is no less than five days, then the higher rate shall apply.
22. Uniforms and Protective Clothing Allowance
(a) Where an employer requires the wearing of a uniform by employees, such uniforms or overalls shall be supplied, free of cost.
(b) Any employee to whom a new uniform or part of a uniform has been supplied by the organisation, who without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment thereof at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.
(c) An employee on leaving the service of the organisation shall on request return any uniform or part thereof supplied by the organisation which is still in use by that employee immediately prior to leaving.
(d) In lieu of supplying a uniform to an employee, where one is required in keeping with the organisation's policy, it shall pay to such employee the allowance set out in Item 13 of Table 2 - Allowances, of Part B, Monetary Rates, provided however, that if a uniform includes a cardigan or special type shoes, an additional sum as set out in Item 14 of Table 2 – Allowances shall be paid.
(e) If the uniform of an employee is not laundered at the expense of the organisation, an allowance as set out in Item 15 of Table 2 – Allowances shall be paid to such employee.
(f) An employee required to work out of doors in intemperate weather shall be issued with wet weather gear including footwear protection, raincoats and headgear.
(g) All employees shall be provided with appropriate protective clothing and equipment as required, under the Occupational Health and Safety and regulations.
23. Grievance and Dispute Resolution Procedures
(a) The following procedures shall be followed in relation to grievances of individual employees:
(i) The employee is required to notify the employer, preferably in writing, as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(ii) A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable time limits must be allowed for discussion at each level of authority.
(iv) 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.
(b) The following procedures shall be followed in relation to disputes, etc., between employers and their employees:
(i) 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.
(ii) Reasonable time limits must be allowed for discussion at each level of authority.
(c) In the case of the employers who employ not more than 20 employees, or where the management structure is such that all employees are subject to the direct supervision and control of the employer, graduated steps for further discussion and resolution at higher levels, do not apply.
(d) Whilst any of the above procedures are being followed, normal work must continue.
(e) For any of the above procedures, the employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees.
(f) The industrial organisation representing employees reserves the right to vary this procedure where it is considered a safety factor is involved.
(g) If matter remains unresolved it may be notified to the Industrial Relations Commission of New South Wales, by either party.
24. Attendance at Meetings and Fire Drills
(a) Any employee required to work outside the ordinary hours of work in satisfaction of the requirements for compulsory fire safety practices (e.g. fire drill and evacuation procedures) contained, from time to time, within the Nursing Homes Act 1988 and the regulations made there under, shall be entitled to be paid the "ordinary rate" for the actual time spent in attendance at such practices. Such time spent in attendance shall not be viewed as overtime for the purposes of this award.
(b) Any employee required to attend Occupational Health and Safety Committee and/or Board of Management meetings in the capacity of employee representative shall, if such meetings are held outside the ordinary hours of work, be entitled to receive payment at the "ordinary rate" for the actual time spent in attendance at such meetings. Such time spent in attendance shall not be viewed as overtime for the purposes of this award.
(c) For the purposes of this clause, "ordinary rate" shall include amounts payable under clause 4, Wages; clause 14, Allowances for Special Working Conditions, plus where appropriate, the 20% loading prescribed in clause 8, Casual Employees.
25. Labour Flexibility and Mixed Functions
(a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training. Such duties may include work which is incidental or peripheral to the employee's main tasks provided that such duties are not designed to promote deskilling.
(b) The employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.
(c) Any direction issued by the employer pursuant to subclause (a) and/or (b) shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to residents
(d) Where an employee is required to undertake the work traditionally carried out under more than one classification, the employee shall be paid the rate applicable to the higher classification for the actual time worked at the higher classification up to a maximum of two hours per day or shift. Where an employee is required to work at the higher classification in excess of two hours, the higher rate shall be paid for the whole of the day or shift.
26. Promotions and Appointments
Promotion and/or appointment shall be by merit, provided however that no employee with a claim to seniority shall be passed over without having their claim considered.
27. Emergency Telephone Calls
An employee required to answer emergency telephone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone calls on production of receipted accounts. Provided that, where an employee is required to answer out of hours telephone calls on a relief basis, they shall be paid 1/12th of their yearly telephone rental for each month or part thereof they are so employed.
28. Termination of Employment
(a) Except for misconduct, justifying summary dismissal, the services of an employee shall be terminated only by notice as prescribed below or payment in lieu of notice:
Years of Continuous Service Notice Required
Not more than 1 at least one week
More than 1 but not more than 3 at least two weeks
More than 3 but not more than 5 at least three weeks
More than 5 at least four weeks
Where an employee is over 45 years of age they shall receive in addition to the above table, one week's extra notice, provided the employee has had two years service.
(b) No employee shall, without the consent of the employer, resign without giving the following notice to the employer:
(i) in the case of an employee with less than 12 months service at least one week notice; or
(ii) in the case of an employee with more than 12 months service at least two weeks notice.
(c) Should an employee fail to give the prescribed notice such employee shall be liable to forfeit the wages in lieu thereof.
(d) Upon the termination of the services of an employee, the employer shall furnish the employee with a written statement, duly signed by or on behalf of the employer, setting out the period of the employment and the capacity in which the employee was employed.
29. Redundancy
(a) Application-
(i) This clause shall apply in respect of full time employed under this Award; and
(ii) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of this clause.
(iii) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be not 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.
(iv) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees 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.
(b) Introduction of Change-
Employers duty to notify-
(i) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers work force or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this clause makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(c) Employer's Duty to Discuss Change-
(i) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (b) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(ii) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause (b) of this clause.
(iii) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(d) Discussions Before Terminations-
(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (i) of subclause (b), and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (i) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.
(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(e) Notice for Changes in Production, Programme, Organisation or Structure-
This subclause sets out the provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with paragraph (i) of subclause (b) of this clause.
(i) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
Period of continuous service Period of notice
Less than 1 year 1 week
1 year and less than 3 2 weeks
3 years and less than 5 3 weeks
5 years and over 4 weeks
(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
(iii) Payment in lieu of the notice above shall be made if the appropriate period of notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(f) Notice for Technological Change-
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (b) of this clause.
(i) In order to terminate the employment of an employee, the employer shall give to the employee 3 months notice of termination.
(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(iii) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(g) Transmission of business
(i) Where a business is before or after the date of this Award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called the "transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
(1) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and
(2) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
(ii) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.
(h) Time Off During the Notice Period
(i) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, up to a maximum of five days off, for the purposes of seeking other employment.
(ii) If the employee has been allowed paid leave for more than one day during the notice period for the 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.
(i) Employees Leaving During the Notice Period
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(j) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provided 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.
(k) Notice to Centrelink
Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify the Centrelink as soon as possible giving the 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.
(l) Centrelink Employment Separation Certificate
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by CentreLink.
(m) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in subclause (b) 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 employer may at the employer’s option, make payment in lieu thereof, 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.
(n) Severance Pay
Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:
(i) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
Years of Service Under 45 Years of Age
Entitlement
Less than 1 year Nil
1 year and less than 2 4 weeks
2 years and less than 3 7 weeks
3 years and less than 4 10 weeks
4 years and less than 5 12 weeks
5 years and less than 6 14 weeks
6 years and over 16 weeks
(ii) 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 5 weeks
2 years and less than 3 8.75 weeks
3 years and less than 4 12.5 weeks
4 years and less than 5 15 weeks
5 years and less than 6 17.5 weeks
6 years and over 20 weeks
(iii) "Weeks Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and work related allowances, paid in accordance with this Award.
(o) Incapacity to Pay
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (m) of this clause.
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 subclause (m) will have on the employer.
(p) Alternative Employment
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (m) if the employer obtains acceptable alternative employment for an employee.
30. Anti-Discrimination
(1) It is 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 from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
(6) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(7) 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".
31. Notice Board
(a) The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the union representatives shall be permitted to post union notices.
(b) The employer shall keep exhibited a copy of this award in accordance with the regulations of the Industrial Relations Act 1996.
32. Accommodation and Amenities
(a) The minimum standards as set out in the Factories, Shops and Industries Act 1962, and regulations in support, shall be met in the provision of amenities to employees.
Such amenities must include:
(i) a staff rest room;
(ii) change rooms with personal lockers for clothes and personal items storage; and
(iii) staff meal room with provision for food warming, refrigerating, and water heating facilities, and the storage of goods, foodstuffs and utensils.
33. Leave Reserved
Leave is reserved to the parties to apply in relation to the following matters:
(a) The payment of 200 per cent penalty payment for working on Sunday with a view to reducing this to 175 percent; and
(b) All clerical classifications with a view to modernising and inserting definitions within the award; and
(c) The definition and appropriate grades of cook.
34. Area, Incidence and Duration
(a) This consent award is between the Aged Services Association NSW (Industrial) and the Broken Hill Town Employees’ Union.
(b) It governs the terms and conditions of employment of employers and employees engaged in the performance of all non nursing work in or in connection with, or incidental to, the conduct of voluntary, religious, charitable and not for profit aged and disability care centres and facilities within the County of Yancowinna, NSW. It shall not apply to novices, aspirants or persons who have taken vows of religious orders.
(c) This award is made following a review under section 19 of the Industrial Relations Act 1996. This Award rescinds and replaces the Aged Care Industry Broken Hill Award published 14 November 1997 (302 IG. 191) as varied.
(d) By administrative action, the wages set out in Part B, Monetary Rates shall take effect from the first pay period to commence on or after 8 August 2000.
(e) It is declared and agreed that nothing in this award shall supersede the purpose or intent of any State or Commonwealth Laws.
(f) It is agreed that nothing in this award shall negate the employer or employee of their legal rights.
(g) This award shall be exhibited by each employer on the employer's premises in a place accessible to all employees.
(h) This award shall take effect from the first full pay period on or after 2 March 2001 and remain in force for a period of 12 months thereafter.
35. No Extra Claims Commitment
It is a term of this award that having received the first, second and third safety net adjustments arising out of the State Wage Case – May 2000 decision that the union undertakes, for the duration of the principles determined by that decision, not to pursue any extra claims, award or over award, except when consistent with these principles.
PART B
MONETARY RATES
Table 1 — Wages
Effective from the first pay period to commence on or after the 8 August 2000.
| |SWC May 2000 |Total rate per week |Hourly Rate |
| | |$ |$ |
|CLERKS | | | |
|JUNIOR | | | |
|At 16 Years Or Under |3.1 % |267.00 |7.0263 |
|At 17 Years Or Under |3.1 % |301.15 |7.9250 |
|At 18 Years Or Under |3.1 % |342.70 |9.0184 |
|At 19 Years Or Under |3.1% |384.35 |10.1145 |
|At 20 Years Or Under |3.1 % |422.00 |11.1053 |
|GRADE 1 | | | |
|At 21 Years Of Age Or First Year Of Service |$15.00 |454.60 |11.9632 |
|Second Year Of Service |$15.00 |465.70 |12.2553 |
|Third Year Of Service |$15.00 |478.20 |12.5842 |
|Fourth Year Of Service |$15.00 |488.50 |12.8553 |
|Fifth Year & Thereafter |$15.00 |498.70 |13.1237 |
|GRADE 2 | | | |
|First Year Of Service |$15.00 |513.70 |13.5184 |
|Second Year & Thereafter |$15.00 |529.30 |13.9289 |
|GRADE 3 | | | |
|First Year Of Service |$15.00 |543.00 |14.2895 |
|Second Year & Thereafter |$15.00 |558.60 |14.7000 |
|GRADE 4 | | | |
|First Year Of Service |$15.00 |571.90 |15.0500 |
|Second Year & Thereafter |$15.00 |584.10 |15.3711 |
|GRADE 5 | | | |
|First Year Of Service |$15.00 |598.00 |15.7368 |
|Second Year & Thereafter |$15.00 |611.00 |16.0789 |
|GRADE 6 | | | |
|First Year Of Service |$15.00 |628.40 |16.5368 |
|Second Year & Thereafter |$15.00 |641.90 |16.8921 |
|GRADE 7 | | | |
|First Year Of Service |$15.00 |662.20 |17.4263 |
|Second Year & Thereafter |$15.00 |678.40 |17.8526 |
|GRADE 8 | | | |
|First Year Of Service |$15.00 |723.40 |19.0368 |
|Second Year & Thereafter |$15.00 |741.80 |19.5211 |
| | | | |
|HOSTEL SUPERVISOR | | | |
|Grade 1 - Less Than 50 Beds |$15.00 |513.70 |13.5184 |
|Grade 2 - 50 But Less Than 75 |$15.00 |529.40 |13.9316 |
|Grade 3 - 75 But Less Than 100 |$15.00 |543.00 |14.2895 |
|Grade 4 - 100 Beds And Over |$15.00 |558.10 |14.6868 |
| | | | |
|PERSONAL CARE ASSISTANTS |$15.00 |469.30 |12.3500 |
| | | | |
|GENERAL SERVICE OFFICER | | | |
|Grade 1 - Junior |3.1 % |396.00 |10.4211 |
|Grade 1 - Adult |$15.00 |469.30 |12.3500 |
|Grade 2 |$15.00 |478.00 |12.5789 |
|Grade 3 - First Year Of Service |$15.00 |493.30 |12.9816 |
|Grade 3 - Second Year Of Service |$15.00 |501.20 |13.1895 |
|Grade 3 - Third Year Of Service |$15.00 |510.70 |13.4395 |
| | | | |
|DIVISIONAL THERAPIST | | | |
|First Year Of Service |$15.00 |484.00 |12.7368 |
|Second Year Of Service |$15.00 |508.30 |13.3763 |
|Third Year Of Service |$15.00 |532.30 |14.0079 |
|Fourth Year Of Service |$15.00 |554.20 |14.5842 |
|Fifth Year Of Service & Thereafter |$15.00 |577.20 |15.1895 |
| | | | |
|RECREATIONAL ACTIVITIES OFFICER | | | |
|First Year Of Service |$15.00 |497.80 |13.1000 |
|Second Year Of Service |$15.00 |507.50 |13.3553 |
|Third Year Of Service & Thereafter |$15.00 |515.50 |13.5658 |
| | | | |
|COOK | | | |
|Grade A |$15.00 |501.30 |13.1921 |
|Grade B |$15.00 |491.30 |12.9289 |
| | | | |
|MAINTENANCE SUPERVISOR | | | |
|Maintenance Supervisor (Tradesman) |$15.00 |601.10 |15.8184 |
|Maintenance Supervisor (Otherwise) - In |$15.00 |565.50 |14.8816 |
|Charge Of Staff | | | |
|Maintenance Supervisor (Otherwise) |$15.00 |553.20 |14.5579 |
| | | | |
|MOTOR VEHICLE DRIVERS | | | |
|Grade A - Sedan |$15.00 |489.00 |12.8684 |
|Grade B - Utility |$15.00 |492.30 |12.9553 |
|Grade C - Ambulance Or Minibus |$15.00 |495.50 |13.0395 |
|Grade D - Larger Vehicle Under 5 Ton. |$15.00 |497.60 |13.0947 |
|Grade E - Truck 5 Tonnes & Over |$15.00 |500.50 |13.1711 |
| | | | |
|GARDENER | | | |
|Head Gardener (Qualified) |$15.00 |532.70 |14.0184 |
|Head Gardener (Otherwise) |$15.00 |504.90 |13.2868 |
|Gardener (Qualified) |$15.00 |492.50 |12.9605 |
|Gardener (Otherwise) |$15.00 |480.50 |12.6447 |
Table 2 - Allowances
|Item No. |Clause No. |Brief Description |Amount $ |
|1 |9(c) |Recall — use of own vehicle |63.2 cents per km |
|2 |9(h)(i) |Overtime — breakfast |7.55 per shift |
|3 |9(h)(ii) |Overtime — luncheon |8.82 per shift |
|4 |9(h)(iii) |Overtime — evening meal |12.60 per shift |
|5 |11(a)(iv) |Sleepover allowance |28.10 per night |
|6 |11(b)(i) 11(b)(ii)|Driving allowance |3.35 per week |
| | | |3.35 per shift |
|7 |11(c)(i) |Cleaning scraping — confined spaces |0.35 per hour |
|8 |11(c)(ii) |Cleaning scraping — boiler flue |0.58 per hour |
|9 |11(c)(iv) |Linen handling — nauseous linen |0.16 per hour |
|10 |11(d)(i) |Travelling allowance |63.2 cents per km |
|11 |11(e)(i) |On Call allowance |11.15 per shift |
|12 |11(f)(i) |Flexibility allowance |5.40 per shift in excess of 5 hours |
|13 |22(d) |Uniform allowance |2.79 per week |
|14 |22(d) |Cardigan or special shoe allowance |1.11 per week |
|15 |22(e) |Laundry allowance |2.79 per week |
P. J. SAMS D.P.
___________________
Printed by the authority of the Industrial Registrar.
(1585) SERIAL C0211
ERARING ENERGY EMPLOYEES CONSENT AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Eraring Energy.
(No. IRC 122 of 2001)
Before Commissioner Cambridge 15 February and 28 March 2001
AWARD
ARRANGEMENT
Clause No. Title
1. Respondents to the Award and Consultation
2. Intent, Commitment, Scope and Duration
3. Hours of Work
4. Salaries
5. Allowances
6. Part-time Employment
7. Calculation of Service
8. Classification Advisory Committee
9. Terms of Employment
10. Shift Work
11. Overtime – Day Work
12. Overtime – Shift Work
13. Meal Allowances on Overtime
14. Meal Breaks – Day Work
15. Higher Grade Work and Pay
16. Clothing and Tools
17. Annual Leave
18. Long Service Leave
19. Sick Leave and Accident Pay
20. Family Carer’s Leave
21. Public Holidays and Picnic Day
22. Standby Allowance
23. Travelling Time and Fares
24. Working Away from Headquarters
25. Grievance and Disputes Procedures
26. Anti-Discrimination
27. Telecommuting
28. Miscellaneous
29. Appendix A
30. Appendix B
31. Leave Reserved
1. Respondents to the Award and Consultation
|Parties |1.1 |This award has been made with the consent of Eraring Energy, Labor Council |
| | |of NSW and the unions listed below on behalf of the employees of Eraring |
| | |Energy. |
| | | |
| | |Electrical Trades Union of Australia, New South Wales Branch |
| | |Federated Municipal and Shire Council Employees' Union of Australia, New |
| | |South Wales Division |
| | |Association of Professional Engineers, Scientists and Managers, Australia |
| | |(NSW Branch) |
| | |Construction, Forestry, Mining and Energy Union |
| | |Public Service Association of New South Wales |
| | |Australian Institute of Marine and Power Engineers, New South Wales |
| | |District |
| | |Australian Workers' Union |
| | |Australian Manufacturing Workers Union, New South Wales Branch |
| | | |
|Consultation |1.2 |Senior Management of Eraring Energy will meet with representatives of the |
| | |Labor Council and Unions from time-to-time to discuss industry related |
| | |issues. The meetings will be held as required. |
2. Intent, Commitment, Scope and Duration
|Intent |2.1 |The purpose of the Award is to provide an agreed framework for Eraring |
| | |Energy, unions and employees to work together towards productivity, |
| | |sustainability, flexibility and commercial success in the energy services |
| | |business. Eraring Energy is committed to the continued development of its |
| | |skilled workforce to provide an effective service. |
| | | |
|Commitment |2.2 |The Award is based on the understanding that: |
| | | |
| | |Participation in business planning at the Team level, will continue to |
| | |identify the actions, performance measures and targets required for the |
| | |team’s business success, based on a shared commitment to Eraring Energy’s |
| | |values and vision. |
| | | |
| | |There will be on-going participation in identifying opportunities for |
| | |improved business performance for the benefit of our key stakeholders, |
| | |employees, customers, the community, the environment, shareholders and |
| | |partners. |
| | | |
| | |Performance and development reviews will be conducted each three months and|
| | |Teams will review business performance on a monthly basis. |
|Scope |2.3 | |
|Who does it apply to? | |It applies to Eraring Energy and all employees of Eraring Energy except |
| | |Senior Executives. |
| | | |
|Duration |2.4 |This Award will be effective on and from 15 February 2001 and remain in |
| | |force until 1 March 2002. |
2. Hours of Work
|What is a day worker |3.1 |Day workers are employees who work their ordinary hours from Monday to |
| | |Friday inclusive and who are not entitled to a paid meal break during their|
| | |ordinary working hours. |
| | | |
| | |The span of ordinary working hours for day workers is 7.00am to 6.00pm, |
| | |Monday to Friday inclusive. |
|Ordinary hours of work |3.2 |The ordinary hours of work for day workers will not exceed 35 hours per |
|for day workers | |week or 70 hours per fortnight where a nine-day fortnight is observed. |
|Ordinary hours of work |3.3 |The ordinary hours of work for shift workers is an average of 35 hours a |
| | |week over a roster cycle. Shift workers may be required to work more than |
|for shift workers | |35 hours in one or more weeks, but the total number of ordinary hours |
| | |worked in a roster cycle must not be more than the number of weeks in a |
| | |roster cycle multiplied by 35 hours. |
|Versatile working hours |3.4 |A versatile working hours pattern may be established for day workers in |
| | |accordance with the Versatile Working Hours objectives contained in clause |
| | |29 – Appendix A. |
| | | |
| | |Versatile working hours are mutually agreed between employee/s and |
| | |management. |
| | | |
| | |Those on a nine-day fortnight may work the nine-day fortnight under a |
| | |versatile working hours patterns in accordance with 3.4 to 3.7 inclusive, |
| | |of this clause. |
|Versatile hours |3.5 |Versatile hours will be an average of 35 hours per week over a 4-week |
| | |period, subject to the ability to accumulate hours in accordance with 3.7 |
| | |of this clause. |
| | | |
| | |All hours in excess of 140 may be accrued up to a maximum of 35 additional |
| | |hours, as outlined in Clause 3.7. |
| | | |
| | |Time taken off during the four week period will reduce the balance of the |
| | |accrued hours. |
| | | |
| | |The span of versatile working hours for day workers is 7.00am to 6.00pm, |
| | |Monday to Friday inclusive. |
|How are ordinary and |3.6 |Local management will determine the group, branch or team requirements for |
|Versatile hours determined | |availability at work of staff to ensure that the business can function |
| | |properly. Starting and finishing times for employee/s will be established |
| | |by local management by agreement with the group, branch or team. |
|Accrual of hours |3.7 |Employees engaged on a versatile working hours or nine-day fortnight |
| | |pattern may elect to accrue up to a maximum of 35 hours or five days, and |
| | |may take accrued time off for any reason. |
| | | |
| | |The time off will be on a date agreed to by employee/s and local |
| | |management. |
4. Salaries
|Salaries |4.1 |The ordinary weekly salaries and the operative date for the classifications|
| | |covered by this Award based on a 35 hour week are: |
| | |Salary 26 November 2000 |
| | |Point $ |
| | |1 291.60 |
| | |2 338.10 |
| | |3 384.30 |
| | |4 430.80 |
| | |5 453.90 |
| | |6 476.80 |
| | |7 498.80 |
| | |8 521.80 |
| | |9 545.40 |
| | |10 570.30 |
| | |11 597.10 |
| | |12 625.50 |
| | |13 654.90 |
| | |14 685.90 |
| | |15 718.00 |
| | |16 751.90 |
| | |17 778.00 |
| | |18 805.20 |
| | |19 832.80 |
| | |20 861.70 |
| | |21 891.80 |
| | |22 922.60 |
| | |23 954.50 |
| | |24 987.60 |
| | |25 1,021.70 |
| | |26 1,057.30 |
| | |27 1,093.90 |
| | |28 1,131.90 |
| | |29 1,170.90 |
| | |30 1,211.70 |
| | |31 1,253.60 |
| | |32 1,297.10 |
| | |33 1,341.90 |
| | |34 1,388.40 |
| | |35 1,436.70 |
| | |36 1,486.40 |
| | |37 1,538.20 |
| | |38 1,591.20 |
| | |39 1,646.40 |
| | |1,703.40 |
| | | |
| | |Employees will be paid a salary increase of 1% from 1st March 2001. |
| |4.2 | |
|Occupational Health |4.3 |Administrative Officers, (previously referred to as Occupational Health |
|Nurses | |Nurses) must be paid not less than the rates applicable to the following: |
| | | |
| | |Salary Points 22-24 |
| | | |
| | |Administrative Officers (previously referred to as Occupational Health |
| | |Nurse Co-ordinator) must be paid not less than the rates applicable to the |
| | |following: |
| | | |
| | |Salary Points 24-26 |
|Casual Occupational Health |4.4 |Administrative Officers, who are engaged as Casual Occupational Health |
|Nurses | |Nurses must be paid by the hour. |
| | | |
| | |The hourly rate is determined by: |
| | |Taking the weekly rate for the applicable salary point (set out in (a) |
| | |above); and |
| | | |
| | |Adding the appropriate qualification allowance(s) (set out in 5.1 (d) to |
| | |(i); and |
| | | |
| | |Dividing the sum by 35; and |
| | | |
| | |Adding 20% (in respect of all hours worked between 7.00am and 5.30pm Monday|
| | |to Friday inclusive) to the total. |
| | | |
| | |(b) Time worked outside these hours and on Saturdays must be paid as |
| | |follows: |
| | | |
| | |For the first two hours – time and one half |
| | | |
| | |After the first two hours – double time. |
| | | |
| | |(c) Hours worked in excess of seven hours, on any daily engagement, must|
| | |be paid at the appropriate overtime rate. |
| | | |
| | |Work performed on Sundays shall be paid at the rate of double time and on |
| | |Public Holidays at the rate of double time and a half. |
| | | |
| | |Minimum payment as for three hours at the appropriate rate must be paid in |
| | |respect of each start, and reimbursement be made for all fares actually |
| | |incurred in travelling to and from work only in respect of a minimum start.|
| | | |
| | |Location Allowance – the provisions of clause 5.1(a) will apply. |
| | |There is no entitlement to any of the provisions of this award other than |
| | |the provisions of this subclause. |
|Increments and progression |4.5 |Employees appointed to positions before 8th February 1991, retain their |
| | |annual incremental rights for previous classifications subject to |
| | |satisfactory conduct and discharge of duties. |
|Working up to skill level |4.6 |Employees must: |
| | | |
| | |Work up to their skill level, competence and training within the categories|
| | |listed below; and |
| | | |
| | |Work in accordance with the classification descriptions, salary points and |
| | |agreed Skills Development Programs. |
| | | |
| | |Administrative Officer |
| | |Engineering Officer |
| | |Professional Officer |
| | |Operator |
| | |Power Worker |
| | |Tradesperson |
|No extra claims |4.7 |Apart from increases available through State Wage Case decisions (to be |
| | |applied as set out below) the parties undertake that for the period of this|
| | |Award they will not pursue any extra claims for any matters that are |
| | |contained in this Award. |
| | | |
| | |State Wage Case decisions determined during the period of the Award, will |
| | |be dealt with as follows: |
| | | |
| | |Cost of living adjustment – any component of a State Wage increase which is|
| | |identified in the decision as a cost of living adjustment will be passed on|
| | |to employees in full on the basis of any conditions that are imposed by the|
| | |decision. This component of the increase will be in addition to the |
| | |increases arising as a result of this Award. |
| | | |
| | |Productivity increase – any component of a State Wage increase which is in |
| | |return for state wide productivity improvements or is based on enterprise |
| | |level productivity increases will be adjusted to avoid double counting. |
| | | |
|Salary Sacrifice to |4.8 |An employee may elect, subject to the agreement of Eraring Energy, to |
|Superannuation | |sacrifice a portion of the salary payable under Clause 4.1 to additional |
| | |employer superannuation contributions. Such election must be made prior to|
| | |the commencement of the period of service to which the earnings relate. |
| | |The amount sacrificed must not exceed thirty (30) percent of the salary |
| | |payable under Clause 4.1 or thirty (30) percent of the currently applicable|
| | |superannuable salary, whichever is the lesser. In this clause, |
| | |“superannuable salary” means the employee’s salary as notified from time to|
| | |time to the New South Wales public sector superannuation trustee |
| | |corporations. |
| |4.9 |Where the employee has elected to sacrifice a portion of that payable |
| | |salary to additional employer superannuation contributions: |
| | | |
| | |Subject to Australian Taxation law, the sacrificed portion of salary will |
| | |reduce the salary subject to appropriate PAYE taxation deductions by the |
| | |amount of that sacrificed portion; and |
| | |Any allowance, penalty rate, payment for unused leave entitlements, weekly |
| | |worker’s 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, Act or statute which is expressed to be determined by |
| | |reference to an employee’s salary, shall be calculated by reference to the |
| | |salary which would have applied to the employee under this Award in the |
| | |absence of any salary sacrifice to superannuation made under this Award. |
| | | |
| |4.10 |The employee may elect to have the portion of payable salary which is |
| | |sacrificed to additional employer superannuation contributions: |
| | | |
| | |Paid into the superannuation scheme established under the First State |
| | |Superannuation Act 1992 as optional employer contributions; or |
| | | |
| | |Subject to Eraring Energy agreement, paid into a private sector complying |
| | |superannuation scheme as employer superannuation contributions. |
| |4.11 |Where an employee elects to salary sacrifice in terms of Clause 4.8 Eraring|
| | |Energy will pay the sacrificed amount into the relevant superannuation |
| | |fund. |
| |4.12 |Where the employee is a member of a superannuation scheme established |
| | |under: |
| | | |
| | |the Superannuation Act 1916; |
| | | |
| | |the State Authorities Superannuation Act 1987; |
| | | |
| | |the State Authorities Non-contributory Superannuation Act 1987; or |
| | | |
| | |the First State Superannuation Act 1992 |
| | | |
| | |Eraring Energy must ensure that the amount of any additional employer |
| | |superannuation contributions specified in Clause 4.9 is included in the |
| | |employee’s superannuable salary which is notified to the New South Wales |
| | |public sector superannuation trustee corporations. |
| |4.13 |Where, prior to electing to sacrifice a portion of salary to |
| | |superannuation, an employee had entered into an agreement with Eraring |
| | |Energy to have superannuation contributions made to a superannuation fund |
| | |other than a fund established under legislation listed in Clause 4.11 |
| | |above, Eraring Energy will continue to base contributions to the fund on |
| | |the salary payable under Clause 4.1 to the same extent as applied before |
| | |the employee sacrificed portion of that salary to superannuation. This |
| | |clause applies even though the superannuation contributions made by Eraring|
| | |Energy may be in excess of superannuation guarantee requirements after the |
| | |salary sacrifice is implemented. |
5. Allowances
|Location Allowance |5.1 |The following allowances are payable to employees: |
| | | |
| | |Whose classification and permanent headquarters are listed below must be |
| | |paid as follows: |
| | | |
| | |Location Category A Category B |
| | |Operating $43.40 $33.80 |
| | |Power Station |
| | |Hydro and Gas $40.00 $30.40 |
| | |Lake Macquarie $33.30 $25.30 |
| | |Centre |
| | |Other Field $28.20 $23.30 |
| | |Establishments |
| | | |
| | |Sydney Office $5.40 $5.40 |
| | |($16.20) ($16.20) |
| | |Note 1: |
| | |Category A: Engineering Officers, Professional Officers, Operators, Power |
| | |Workers, Tradespersons, Administrative Officers – previously appointed as |
| | |Stores employees; and Administrative Officers who are engaged in |
| | |stocktaking duties; or spend most of their time outside the office; |
| | | |
| | |Category B: Administrative Officers, other than those mentioned above; |
| | |Note 2: |
| | |Operating power stations – means employees whose permanent headquarters are|
| | |located at: |
| | | |
| | |Eraring Power Station |
| | |Kangaroo Valley Power Station |
| | |Bendeela Power Station |
| | |Note 3: |
| | |Employees who work ordinary working hours or shifts for which they have |
| | |been rostered, must be paid the full weekly Location Allowance at the rate |
| | |determined for the employee’s permanent headquarters. |
| | | |
| | |Employees, who are required to work away from their permanent headquarters |
| | |for extended periods, may be paid the Location Allowance, for the temporary|
| | |headquarters in respect of all time worked. |
| | | |
| | |Employees must continue to be paid the allowance, while on long service |
| | |leave, annual leave, paid sick leave or accident leave, and all other |
| | |approved leave with pay. |
| | | |
| | |Such periods of leave are regarded as time worked at the employees’ |
| | |permanent headquarters for the purpose of calculating the amount of the |
| | |allowance payable. |
| | |The allowance must also be taken into account when calculating penalty |
| | |rates for overtime, except for time worked on a public holiday, during what|
| | |would have been the employee's ordinary hours if the day were not a public |
| | |holiday. The allowance is not taken into account when calculating payments|
| | |for travelling time or for the purpose of calculating penalty additions for|
| | |ordinary shifts worked on public holidays by shift workers. |
| | |Payment of the Location Allowance is made instead of allowances or extra |
| | |rates for or relating to heat, height, dirty work, wet places, work in |
| | |confined spaces or other conditions and circumstances, whether of a like |
| | |nature or otherwise, under which the work is now performed or likely to be |
| | |performed in the future. |
| | |The parties agree that no further claims or payments related to those |
| | |replaced allowances will be made. |
| | |Note 4: |
| | | |
| | |(a) Other field Establishments – Employees who are required to work at a |
| | |permanent field establishment location, other than: |
| | | |
| | |a permanent headquarters listed herein; or |
| | |a corporate headquarters establishments; or |
| | | |
| | |where the disabilities, conditions or circumstances are of a like nature to|
| | |which the Location Allowance is paid, and in accordance with Clauses 5.1 |
| | |(a), (i) to (v) as above. |
| | | |
| | | who hold a Certificate of Qualification under Rule 1.3 (e)(i) of Eraring |
| | |Energy’s High Voltage Safety Rules |
| | |$6.30 per week |
| | | |
| | |who hold a Certificate of Authorisation under Eraring Energy’s High Voltage|
| | |Safety Rules |
| | |$6.30 per week |
| | | |
| | |(An employee who is both qualified and authorised in terms of (b) and (c) |
| | |is paid only one allowance. It is payable for all ordinary time worked and|
| | |during periods of annual leave, long service leave, public holidays, paid |
| | |sick leave and for periods of absence for which workers’ compensation is |
| | |paid, but excluding those periods which attract the workers’ compensation |
| | |statutory rate only.) |
| | | |
| | |who hold the Occupational Health Nursing Certificate |
| | |$20.10 per week |
| | | |
| | |who hold the Diploma in Community Health Nursing |
| | |$20.10 per week |
| | | |
| | |(An employee who holds the Certificate in (d) and the Diploma in (e) is |
| | |paid only one allowance.) |
| | | |
| | |who hold the Public Health Nursing Diploma |
| | |$13.30 per week |
| | |who hold the Psychiatric Nursing Certificate |
| | |$13.30 per week |
| | | |
| | |who hold the Coronary Care Certificate |
| | |$13.30 per week |
| | | |
| | |who hold the Midwifery Certificate |
| | |$13.30 per week |
| | | |
| | |(An employee who holds more than one of the Certificates or Diploma in (f),|
| | |(g), (h), or (i) is paid only one allowance. |
| | | |
| | |The total payable under (d), (e), (f), (g), (h) and (i) must not exceed |
| | |$33.40 per week and is payable for all purposes.) |
|Special Allowances |5.2 |Employees, whilst on duty, are entitled to be paid certain special |
| | |allowances. However these payments, except where otherwise provided for, |
| | |will not be taken into account for the purpose of calculating penalty rates|
| | |for overtime, long service leave, annual leave, sick leave, accident pay, |
| | |public holidays, travelling time or any similar payments. Where more than |
| | |one of the special allowances relate to disabilities of substantially the |
| | |same nature, then only the highest of the special allowances will be paid. |
| | | |
| | |The special allowances are as follows: |
|At Operating Power Stations | |Employees at operating power stations: |
| | | |
| | |A sooting allowance as agreed as at the time of the making of the |
| | |Electricity Commission (Wages Staff) Award, published 19th February, 1965 |
| | |$1.72 per hour or part thereof |
| | | |
| | |Engaged on work inside a condenser waterbox: |
| | | |
| | |when the work is carried out while the unit is out of service |
| | |$1.30 per hour or part thereof |
| | | |
| | |when the work is carried out while the unit is in service |
| | |$1.72 per hour or part thereof |
| | | |
| | |engaged on working within ash and dust pits |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on maintenance work within boiler casings or gas pass ducts which |
| | |have not been cleaned out |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on work within boiler main and distribution drums where such drums |
| | |have not been cleaned out |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on work within fabric filter compartments, located at Eraring Power|
| | |Station |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on the work of handling and/or laying of “Morganite” refractory |
| | |material or refractory cement |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on work in conditions which are determined by the controlling |
| | |officer to involve the existence of excessive amounts of airborne coal dust|
| | |in the following areas: |
| | | |
| | |- coal bunkers; or |
| | |- coal lines; or |
| | |- on the coal conveyors between the main receiving bin, coal reserve and |
| | |bunkers |
| | |$1.30 per hour or part thereof |
| | |engaged in the removal of blue asbestos (Crocidolite) subject to a minimum |
| | |payment per half day or half shift of the equivalent of four hours |
| | |$1.43 per hour or part thereof |
| | | |
| | |engaged in such work during periods of overtime |
| | |$1.43 per hour or part thereof |
| | | |
| | |(For the purpose of this payment a day or shift shall be divided into |
| | |halves by the employee’s normal meal break whether taken at the normal time|
| | |or otherwise.) |
| | |engaged in the removal of substantial quantities of thermal insulation |
| | |containing asbestos which involves the wearing of positive air pressure |
| | |respiratory devices and where abnormal working conditions associated with |
| | |wetting, removing, bagging, cleaning up and disposing of the material are |
| | |experienced. |
| | |$1.43 per hour or part thereof |
| | | |
| | |(Subject to a minimum payment per half day or half shift of the equivalent |
| | |of four hours). |
| | | |
| | |engaged in such work during periods of overtime |
| | |$1.43 per hour or part thereof |
| | | |
| | |(For the purpose of this payment a day or shift shall be divided into |
| | |halves by the employee’s normal meal break whether taken at the normal time|
| | |or otherwise). |
| | |Required to work within a roped-off asbestos contaminated area |
| | |$1.43 per hour or part thereof |
| | | |
| | |Power Workers (previously referred to as Laggers and Cleader/Laggers) |
| | |working with lagging and insulating materials other than asbestos |
| | |$0.87 per hour or part thereof |
| | | |
| | |engaged in the operation of the electric eel |
| | |$0.46 per hour or part thereof |
| | | |
| | |(Minimum payment two hours) |
| | | |
| | |working from a Cyclimber Stage inside a furnace. Such payment must be in |
| | |addition to the allowance paid for working inside a boiler casing not |
| | |cleaned out |
| | |$1.30 per hour or part thereof |
| | | |
| | |engaged on work on dust removal air slides at Eraring Power Station |
| | |$0.57 per hour or part thereof |
| | | |
| | |engaged on work within fabric filter compartments at Eraring Power Station |
| | |which have not been cleaned out and when the boiler is in service, other |
| | |than those who are required to carry out boiler cleaning as part of their |
| | |normal duties |
| | |$1.72 per hour or part thereof |
| | | |
| | |when engaged upon the removal and replacement of insulation material other |
| | |than asbestos, for Tradespersons and Power Workers at Eraring Power Station|
| | |$0.87 per hour or part thereof |
| | | |
| | |(Payment for the work of cleaning conduits at power stations shall be |
| | |continued on the same basis as was in existence at ex-Department of |
| | |Railways Power Stations at the date of making of the Electricity Commission|
| | |(Wages Staff) Award, published 19th February, 1965). |
|At all locations | |Employees at all locations |
| | | |
| | |when using oxyacetylene equipment and/or electric welding equipment, |
| | |whether during ordinary working hours or otherwise |
| | |$1.22 per day or shift or part thereof |
| | |engaged or working in close proximity to employees who are engaged in the |
| | |preparation and/or the application of substantial quantities of epoxy based|
| | |materials either in confined spaces or continuously for a period of more |
| | |than two hours on any occasion |
| | |$0.58 per hour or part thereof |
| | | |
| | |(The term “substantial quantities” shall mean a 454 gram pack or larger). |
| | | |
| | |Engaged in the handling of polychlorinated biphenyls (Askarel). |
| | |$1.33 per hour or part thereof |
| | | |
| | |(Where an employee is engaged in the handling of such material for part of |
| | |two halves of a day or shift the minimum payment shall be the equivalent of|
| | |four hours in respect of each of the half days or half shifts as the case |
| | |may be). |
| | |Engaged on such work during periods of overtime |
| | |$1.33 per hour or part thereof |
| | | |
| | |(For the purpose of this payment a day or shift shall be divided into |
| | |halves by the employee’s normal meal break whether taken at the normal time|
| | |or otherwise). |
| | | |
| | |When carrying out patrol duties and required to work in a helicopter |
| | |$11.34 per day or part thereof |
| | | |
| | |Engaged in all spray painting applications carried out in other than a |
| | |properly constructed booth approved by Workcover |
| | |$0.46 per hour or part thereof |
| | | |
| | |Who are Power Workers working in garages and when required to operate steam|
| | |cleaning equipment |
| | |$0.46 per hour |
| | | |
| | |who are Power Workers and when greasing bulldozers in the field |
| | |$0.04 per hour |
| | | |
| | |Engaged on live line washing of insulators |
| | |$0.11 per hour or part thereof |
| | | |
| | |When working inside septic tanks or sewerage drains |
| | |Single time in addition to normal time |
| | |When carrying out first-aid duties on: |
| | | |
| | |- Day shift $14.60 per week or |
| | |Part thereof |
| | | |
| | |- Afternoon and/or $13.20 per week or |
| | |Nightshift part thereof |
| | |Employees, who: |
| | | |
| | |(a) Are appointed as first-aid attendants; and |
| | | |
| | |(b) Are engaged as such on a full-time basis |
| | |$10.10 per week or part thereof |
| | | |
| | |(These employees must not be paid the allowances in (ix) above). |
| | | |
| | |Other than shift workers in a continuous process, in circumstances where |
| | |they are required to be: |
| | | |
| | |In charge of plant during a meal break |
| | |$1.30 per day |
| | |In charge of a depot, office, or telephone during a meal break |
| | |$1.95 per day |
|Leading hand |5.3 |Leading Hand – Tradespersons must be paid $32.20 per week in addition to |
| | |the ordinary rate for their classifications, except where otherwise |
| | |specifically provided. |
| |5.4 |Tradespersons, previously referred to as Power Station Mechanical Fitters, |
| | |who are engaged on maintenance work on a seven-day, three shifts per day, |
| | |shift work roster system at Eraring Power Station must be paid an allowance|
| | |of $18.70 per week. |
6. Part-time Employment
| |6.1 |Subject to provisions of sub-clause 6.4 of this clause, part time employees|
| | |mean persons employed on the basis of a consistent number of hours which |
| | |are less than the full-time ordinary weekly working hours prescribed for |
| | |the appropriate classification where such employment may be based upon any |
| | |of the following arrangements. |
| | | |
| | |Part-time work which is of a temporary or limited duration provided that |
| | |casual employment involving daily hire and/or re-hire is not included; and |
| | |provided that appointment in terms of this paragraph will not be made at a |
| | |level above Salary Point 18 as prescribed by sub-clause 4.1, of this |
| | |agreement. Provided further that the minimum daily number of hours to be |
| | |worked by such part-time employees will not be less than four hours and the|
| | |minimum weekly number of hours to be worked will not be less than sixteen |
| | |hours. |
| | | |
| | |Part-time work for a fixed period where such period is determined on the |
| | |basis for, and is directly related to, the return to employment of a female|
| | |employee following a period of absence on approved maternity leave. |
| |6.2 |A part-time employee is paid at a rate equivalent to the proportion of the |
| | |actual hours worked per week to the full-time ordinary weekly working hours|
| | |prescribed for the appropriate classification. |
| |6.3 |A part-time employee is entitled to annual leave, long service leave, sick |
| | |leave and accident pay and all such other entitlements as may be |
| | |applicable; provided that any accumulated benefits accrue from time to time|
| | |in the same proportion of the actual hours worked per week to the full-time|
| | |ordinary weekly working hours prescribed for the appropriate |
| | |classification, as at the date of such accrual. |
| |6.4 |Eraring Energy will advise the Secretary of the Union or Unions concerned |
| | |no less than forty-eight hours in advance of its intention to employ an |
| | |officer or officers in accordance with the provisions of sub-clause 6.1, |
| | |hereof, and the area and anticipated duration of such employment; provided |
| | |that, in the case of female employees returning to employment after an |
| | |absence on maternity leave, who are required to complete a prescribed |
| | |period of employment to be entitled for payment in respect of such absence,|
| | |prior notification in terms of this sub-clause will not be necessary. |
7. Calculation of Service
|What counts as service |7.1 |In calculating service, Eraring Energy must include: |
| | | |
| | |Periods of annual and long service leave |
| | | |
| | |Periods of approved leave with pay |
| | | |
| | |Periods of sick leave with or without pay |
| | | |
| | |Periods of approved leave without pay not exceeding 20 consecutive working |
| | |days or shifts |
| | | |
| | |Periods of approved leave without pay exceeding 20 consecutive days or |
| | |shifts which Eraring Energy has specifically authorised to be counted as |
| | |service. |
| | | |
| | |Periods of absence from work due to incapacity resulting from injury as |
| | |defined in Section 6 of the Workers’ Compensation Act, 1926, and Section 49|
| | |of the Workers’ Compensation Act, 1987, for which the employee receives a |
| | |payment under that Act. |
| | | |
| | |Periods of service as an employee on probation. |
| | | |
| | |Periods which counted under relevant legislation, awards or agreements as |
| | |service with another employee immediately before the employee joined |
| | |Eraring Energy under Schedule 3 of the Energy Services Corporations Act, |
| | |1995. |
| | | |
| | |Any previous period of service with Eraring Energy in accordance with (a) |
| | |to (h) for an employee who had resigned or been discharged and later |
| | |re-employed. Discharge means termination as a consequence of retrenchment,|
| | |re-organisation or shortage of work, or any reason except dismissal or |
| | |retirement on account of ill-health. |
| | | |
| | |Any previous period of service with Eraring Energy in accordance with (a) |
| | |to (h) of an employee who had been dismissed and later re-employed if that |
| | |employee’s current period of service under (a) to (h) is more than five |
| | |years. |
| | | |
| |7.2 |If payment for long service leave has been received by an employee, any |
| | |service recognised in accordance with (i) and (j) is counted for qualifying|
| | |purposes for future calculation only. |
8. Classification Advisory Committee
|Purpose |8.1 |The purpose of the committee is to recommend appropriate salary point(s) |
| | |for a position(s). |
| | | |
|Constitution |8.2 |The Committee consists of: |
| | | |
| | |A Chairperson appointed by Eraring Energy |
| | | |
| | |Two Eraring Energy representatives |
| | | |
| | |Two representatives of employees appointed from time to time by the |
| | |relevant Union(s) having regard to the classification under review. |
|Powers |8.3 |The Committee can: |
| | | |
| | |Consider applications for alterations of salary points on the ground of |
| | |altered circumstances by: |
| | | |
| | |Unions on behalf of an employee or groups of employees |
| | | |
| | |Eraring Energy |
| | | |
| | |Consider any errors or anomalies in the salary points of: |
| | | |
| | |An employee(s) |
| | | |
| | |Any position. |
| | | |
| | |(c) Recommend appropriate salary points for new positions. |
| | | |
|Procedures |8.4 |The Committee proceeds by exchange of views and discussion, not by vote. |
| | |It is the responsibility of the Chairperson to prepare a report, including |
| | |a recommendation, to the Managing Director of Eraring Energy, setting out |
| | |the view of the Committee. If there are differing views, the report must |
| | |include them. |
| | | |
|Confidentiality |8.5 |All proceedings of the Committee are confidential. |
| | | |
| |8.6 |This clause will not prejudice or affect any right any person may have |
| | |under the Industrial Relations Act 1996. |
9. Terms of Employment
|Payment of Salaries |9.1 |If requested by a majority of employees, balancing of ordinary pay for time|
| | |worked must be arranged as far as possible so that the salary payable to |
| | |employees each week is adjusted to reduce fluctuations in weekly pay. |
| |9.2 |The ordinary weekly pay of an employee at Head Office who works flexible |
| | |working hours or staggered working hours must not vary from week to week as|
| | |a consequence of accumulating debits or credits of ordinary hours in a |
| | |given week. |
| | | |
| |9.3 |Payments for salary and leave must be made only to the employee entitled to|
| | |them or to a person authorised by the employee to receive the payments. |
| | | |
| |9.4 |Eraring Energy may deduct from an employee’s pay contributions or payments |
| | |for approved purposes or for the payment to Eraring Energy of money due by |
| | |the employee under hire purchase, tenancy or other agreements only if the |
| | |employee gives Eraring Energy written authority. |
| | | |
|Overtime and shift work |9.5 |For the purpose of meeting the needs of the industry, Eraring Energy may |
| | |require an employee to work: |
| | | |
| | |Reasonable overtime, including Saturdays, Sundays and public holidays |
| | | |
| | |Day work or shift work, or to transfer from one system of working to |
| | |another, including transfer from one system of shift work to another. |
| | | |
| | |Unless a reasonable excuse exists, an employee will work or transfer in |
| | |accordance with these requirements. |
| | | |
|Wet weather |9.6 |In the event of wet weather, no deductions from employees’ salaries will be|
| | |made if: |
| | | |
| | |They report for duty; |
| | | |
| | |They work until the officer-in-charge directs work to stop; and/or |
| | | |
| | |They stand by as directed. |
| | | |
|Termination of service |9.7 |Employees’ service may be terminated by: |
| | | |
| | |Resignation, i.e. voluntary leaving the service of Eraring Energy |
| | | |
| | |Retirement on account of ill-health, which makes employees unable now and |
| | |in the future to perform the duties of their appointed grade. Eraring |
| | |Energy’s consulting Occupational Health Physician and/or other medical |
| | |practitioner, as agreed to by Eraring Energy and the Secretary of the Union|
| | |concerned, must issue a certificate to this effect. |
| | | |
| | |Dismissal |
| | | |
| | |Mechanisation or technological changes in the industry. |
| | |If Eraring Energy terminates the employment of an employee who has been |
| | |employed by it for the preceding 12 months, because of mechanisation or |
| | |technological changes in the industry, it must give the employee: |
| | | |
| | |Three months notice; or |
| | | |
| | |Pay at the ordinary rate for the balance if it gives less than three |
| | |months’ notice. This period of three months counts as service for the |
| | |calculation of annual leave and long service leave entitlements of the |
| | |employee. |
| | | |
| |9.8 |Employees who are absent without approval for a continuous period of five |
| | |working days for reasons other than certified sickness, or extenuating |
| | |circumstances acceptable to Eraring Energy as satisfactory, shall be deemed|
| | |to have resigned. |
| | | |
|Period of notice |9.9 |Employees must give Eraring Energy one months’ notice of their intention to|
| | |resign, unless their terms of employment provides for a different period. |
| | | |
| |9.10 |In all other cases of termination, except dismissal, Eraring Energy must |
| | |give the employee at least one months’ notice, unless their terms of |
| | |employment provides for a different period. |
| | | |
| | |This does not affect the right of Eraring Energy to dismiss employees |
| | |without notice. The salaries of employees who are dismissed, together with|
| | |their entitlements to payments for annual and long service leave must be |
| | |paid up to the time of dismissal. |
| | | |
|Letter of Assignment |9.11 |A Letter of Assignment may be entered into by agreement between Eraring |
| | |Energy and an employee in circumstances: |
| | | |
| | |Where Eraring Energy has a contractual or other obligation to undertake |
| | |work for a defined period of time at an external location, either in |
| | |Australia or overseas; and |
| | | |
| | |(b) Which necessitates an employee being accommodated away from their usual|
| | |place of residence to another which is remote from that usual residence, |
| | |for a continuous period of three months or more. |
| | | |
| |9.12 |A Letter of Assignment is a formal document as agreed between Eraring |
| | |Energy and an employee which may: |
| | | |
| | |Provide for terms and conditions not in this Award; and/or |
| | | |
| |9.12 |(b) Vary an Award condition. |
| | | |
| | |If no Letter of Assignment is entered into this Award shall apply. |
| |9.13 |A Letter of Assignment will be in the form provided by relevant guidelines |
| | |which are agreed between the parties to this Award. |
| | | |
| |9.14 |Guidelines will provide a common framework for all staff, but will allow |
| | |for a Letter of Assignment to meet the different needs and entitlements of |
| | |individual employees, based on their work requirements and individual |
| | |situations. |
| | | |
| |9.15 |In the negotiation of Letters of Assignment, managers and employees must |
| | |share all information relevant to the assignment; be sensitive to the |
| | |longer term employment relationship and be careful to avoid duress on |
| | |either party to the negotiation. |
| | | |
| |9.16 |Eraring Energy will not disclose contents of particular Letters of |
| | |Assignment. Individual employees may disclose details of their Letter of |
| | |Assignment to their union/association and other Pacific Power employees. |
10. Shift Work
|Types of shift |10.1 |There are 2 types of shift work: |
| | | |
| | |Regular – in which an employee works a roster with a 1, 2 or 3 shift system|
| | |which continues for 3 or more months; and |
| | | |
| | |Irregular – in which a employee works a roster with a 1, 2 or 3 shift |
| | |system which continues for less than 3 months. |
| | | |
| |10.2 |Both types of shift work may be worked: |
| | | |
| | |Monday to Friday inclusive; or |
| | |Monday to Saturday inclusive; or |
| | |Monday to Sunday inclusive. |
| | | |
| | |They may begin and end on any of the days in these periods. |
| | | |
|Ordinary hours |10.3 |The ordinary hours of work for shift workers is an average of 35 hours per |
| | |week over a roster cycle. Shift workers may be required to work more than |
| | |35 hours in one or more weeks, but the total number of ordinary hours |
| | |worked in a roster cycle must not be more than: |
| | | |
| | |Number of weeks in a roster cycle |
| | |Multiplied by 35 hours. |
| | | |
| |10.4 |These ordinary hours must be worked during the hours for which the |
| | |employees are rostered for duty. |
| | | |
| |10.5 |Employees who are required to work more than 11 ordinary shifts in 12 |
| | |consecutive days, must be paid at overtime rates for the 12th and following|
| | |consecutive shifts. (See Clause 12 for overtime rates.) |
| | | |
| | |Shift Allowance |
| |10.6 |Shift work may be: |
| | | |
| | |Early Morning Shift – a shift commencing after 5.00am and before 6.30am. |
| | | |
| | |Afternoon Shift – a shift finishing after 6.00pm and at or before midnight.|
| | | |
| | |Night Shift – a shift: |
| | | |
| | |Finishing between midnight and at or before 8.00am; or |
| | | |
| | |Commencing between midnight and at or before 5.00am. |
| | |Eraring Energy will decide the commencing and finishing times of shifts to |
| | |suit the needs and circumstances of each establishment. |
| |10.7 |Shift workers, who work on a shift work roster, must be paid the following |
| | |allowances: |
| | | |
| | |Early Morning - the greater of 10% of single time for the shift and $6.80 |
| | | |
| | |Afternoon - the greater of 20% of single time and $24.80 |
| | | |
| | |Night - the greater of 20% of single time and $24.80 |
| | | |
| |10.8 |Shift workers who are engaged on a roster which: |
| | | |
| | |Requires the working of continuous afternoon or night shifts for more than |
| | |two weeks; and |
| | | |
| | |Works such shifts on other than a public holiday, Saturday or Sunday, |
| | | |
| | |must be paid the following allowances: |
| | | |
| | |Continuous Afternoon - 25% of single time |
| | |Shift |
| | | |
| | |Continuous Night - 30% of single time or a |
| | |Shift reduced number of weekly hours at time and one |
| | |Quarter to give the shift worker the equal of a |
| | |Full week's ordinary pay. |
| | | |
| |10.9 |Shift workers rostered on other continuous night shift rosters for two |
| | |weeks or less must be paid for such shifts the overtime rates in Clause 11 |
| | |Overtime – Day Work. |
| | | |
| |10.10 |Shift workers working continuous night shifts for two weeks or less and |
| | |work such shifts on a public holiday must be paid in accordance with 10.12.|
| | | |
| |10.11 |The allowances are not paid to shift workers for overtime or for any shift |
| | |for which they are paid overtime penalty rates. |
| | | |
| | |Shift Penalty |
| | | |
|Public Holidays |10.12 |Shift workers must be paid for all time worked on a rostered shift on a |
| | |public holiday the penalty of 150% of single time. |
| | | |
|Other than public holidays |10.13 |Shift workers must be paid the following penalties for all shifts worked on|
| | |the following days that are not public holidays: |
| | | |
| | | |
| | |Shift Penalty |
| | | |
| | |Saturday – all shifts 50% of single time |
| | | |
| | |Sunday – all shifts 100% of single time |
| | | |
|Only one rate to apply |10.14 |Only the highest penalty rate can apply if more than one penalty could |
| | |apply to a particular period of work. |
| | |Roster Loading |
| | | |
|Roster Loading |10.15 |Payment of roster loading is made as compensation for the unevenness of |
| | |payments under this award. Payment is also made instead of shift |
| | |disabilities not covered by payments under this Award including: |
| | | |
| | |The variety of starting and finishing times |
| | | |
| | |The need to be readily available for work and to work, as required, during |
| | |crib breaks and at all other times during the shift |
| | | |
| | |Minor variations to established duties |
| | | |
| | |The requirement to work as rostered on any day of the week. |
| | | |
|Roster loading – rates |10.16 |The roster loading for ordinary hours actually worked is: |
| | | |
| | |4.35% of salary for: |
| | | |
| | |employees on 7 day continuous shift work rosters |
| | | |
| | |employees regularly rostered to work ordinary shifts on both Saturdays and |
| | |Sundays |
| | | |
| | |employees rostered to work continuous afternoon or night shifts |
| | | |
| | |employees working day shift only including a shift on Sundays |
| | | |
| | |2.12% of salary for: |
| | | |
| | |employees on rotating shift work who are rostered to work ordinary shifts |
| | |involving afternoon and/or night shifts but who are not regularly rostered |
| | |to work ordinary shifts on both Saturdays and Sundays |
| | | |
| | |employees working day shift only on Monday to Saturday |
|Roster loading – different |10.17 |Employees carrying out higher grade duties on shift work must be paid the |
|grade duties | |roster loading for the higher grade classification. |
| | | |
| | |Employees carrying out lower grade duties on shift work, including those on|
| | |retained rates, must be paid the roster loading for their regular |
| | |classification or retained rates as the case may be. |
|Roster loading – excluded |10.18 |Roster loading is not payable to employees, who are: |
|Employees | |Engaged on irregular shift work, i.e. in respect of a roster which does not|
| | |continue for more than one month and which attracts overtime penalty rates.|
| | | |
|Roster loading – during |10.19 |Shift workers required to transfer from one shift to another to undergo |
|Training | |training must be paid the roster loading appropriate to: |
| | | |
| | |The shift roster worked immediately before the training if the period of |
| | |training is less than 5 consecutive working days; or |
| | | |
| | |The new shift roster if the period of training continues for 5 or more |
| | |consecutive working days |
| | | |
| |10.20 |Day workers required to transfer to a shift work roster to undergo training|
| | |must be paid the roster loading appropriate to the shift roster if the |
| | |period of training continues for at least 5 consecutive working days. |
| | | |
| | |General |
| | | |
|Payment while at |10.21 |Shift workers must be paid the roster loading, shift allowance and penalty |
|Training school | |rates for public holidays, Saturday and Sunday shifts, which they would |
| | |have received for their appointed duties if they are: |
| | | |
| | |Training for appointment to a position in their existing or higher grade; |
| | |or |
| | | |
| | |Attending refresher training courses; or |
| | | |
| | |Attending general training courses and/or station training courses to |
| | |qualify to carry out higher grade duties. |
| | | |
| | |Payments must not include any overtime or higher grade which might have |
| | |otherwise been worked. |
| | | |
|Public holidays |10.22 |Shift workers who, on a public holiday; |
| | | |
| | |Work an ordinary rostered shift; or |
| | | |
| | |Are rostered off duty (except when on annual or long service leave) |
| | | |
| | |Are entitled to have a day added to their annual leave entitlement for each|
| | |public holiday prescribed in Clause 21 of the award. If higher grade pay |
| | |is involved, the provisions of 15.4 apply. |
| | | |
|Not required to work |10.23 |Shift workers when, according to their controlling officer, are not |
|on a public holiday | |required for work on a public holiday for a shift for which they are |
| | |normally rostered must observe the holiday. However, they must be told at |
| | |least 96 hours before the shift begins that they are not required. They |
| | |must be paid for all ordinary time not worked in respect of the public |
| | |holiday at the rate of single time. |
| | | |
|Shift worker on a |10.24 |Shift workers, who are on a five-day shift system, Monday to Friday, must |
|Five day shift – | |be paid for public holidays observed on Monday to Friday. |
|Public holidays | | |
| | | |
|Mutual stand down |10.25 |Shift workers who: |
| | | |
| | |Are rostered for duty on a shift falling on a Saturday or Sunday; and |
| | |According to the controlling officer are not required for duty on such |
| | |day(s) |
| | | |
| | |May, by mutual arrangement with the person responsible for the work team, |
| | |not attend for duty on such day(s). |
| | |They must be paid for all ordinary time not worked at the rate of single |
| | |time. |
| | | |
|Shift work day |10.26 |If a shift starts on one day and finishes on the next, the day in which the|
| | |most hours are worked is taken to be the shift work day. |
| | | |
|Time of transfer from a shift |10.27 |When employees are transferring from one system of work to another |
| | |(including a transfer from one system of shift work to another system of |
| | |shift work), they are: |
| | | |
| | |Entitled to all the conditions of the current system of working until they |
| | |actually begin working in the new system; and |
| | | |
| | |Considered to have been transferred only from the time they begin to work |
| | |in the new system. |
| | | |
|Ten hour break |10.28 |Shift workers are entitled to at least a 10-hour break between finishing |
| | |shift work and commencing day work. |
| | | |
|Day workers relieving on |10.29 |Day workers who are required to relieve temporarily on regular shift work |
|Regular shift work | |must be paid: |
| | | |
| | |At the rate of time and one half when the ordinary commencing time of the |
| | |first relief shift is less than eight hours after the employees’ actual |
| | |finishing time under day work conditions |
| | | |
| | |At a rate of time and three quarters when: |
| | | |
| | |The shift is on a Saturday; and |
| | | |
| | |When the employees have not had an eight-hour break after actual finishing |
| | |time under day work provisions. |
| | | |
| | |If eight hours or more elapse the first and subsequent shifts shall come |
| | |under ordinary shift work conditions and the employees shall be considered |
| | |to be employed on regular shift work. |
| | | |
| | |However, employees must be paid at the rate of time and one quarter for any|
| | |such shifts where 48 hours notice prior to commencement is not given. |
| | | |
|Day workers on irregular |10.30 |(a) Day workers required to work relieving temporarily on irregular shift |
|shift work | |work, must be paid for the ordinary hours worked on that roster: |
| | | |
| | |Overtime rates for day workers if the shift work lasts for 2 weeks or less;|
| | |or |
| | | |
| | | |
| | |If it lasts for more than 2 weeks and less than 4, overtime rates for |
| | |ordinary hours worked in shifts for the first 2 weeks, and time and one |
| | |half for ordinary hours worked in shifts for the next 2 weeks |
| | | |
|Change of roster or shift |10.31 |Shift workers who are changed from one shift roster to another or from one |
| | |shift to another must be paid: |
| | | |
| | |At least time and one quarter for any shift which they begin within 48 |
| | |hours from the end of the shift in which they were given notice of the |
| | |change of roster or shift; |
| | | |
| | |Overtime rates for the shift which they work without a break following the |
| | |shift in which they were given notice of the change. |
| | | |
|Notice after absence from duty |10.32 |Shift workers must advise the person responsible for their work team at |
| | |least 8 hours beforehand when they intend to report for duty after being |
| | |absent from duty. |
| | | |
| |10.33 |The person responsible for their work team may send them home if they do |
| | |not do so. |
| | | |
| | |They are not entitled to any payment for the shift. |
| | | |
| | |Handover |
| | | |
|Handover |10.34 |Shift workers required to handover at the end of a shift must stay at their|
| | |work station until: |
| | | |
| | |The appropriate relieving member of the oncoming shift has arrived at the |
| | |work station; and |
| | | |
| | |The shift worker has informed the relieving member of the current status of|
| | |running plant and/or maintenance so that the relieving member can start |
| | |work immediately. |
| | | |
| |10.35 |If handover is part of a shift worker’s normal requirements on a shift, |
| | |those shift workers are entitled to time off at the equivalent rate of |
| | |13.33 minutes for each shift. When shift workers transfer from one roster |
| | |to another, this time off must be taken in accordance with the roster |
| | |systems to which they are transferring. They are entitled to this time off|
| | |even when they are absent from work on paid leave. |
| | | |
| |10.36 |Handover time is to be added together during a roster cycle until it |
| | |amounts to the time of a full shift. It may then be rostered to be taken |
| | |off at ordinary time. Any periods in a roster cycle less than a full shift|
| | |are to be carried forward to the next cycle. Employees with periods of |
| | |handover time less than a full shift may be rostered off if approved by |
| | |local management. |
| |10.37 |Any time off as a result of handover time is considered as a non-working |
| | |day. Shift workers who are required to work on such a day, must be paid |
| | |overtime in addition to payment for the handover shift. |
| | | |
| |10.38 |If handover is not a normal feature of a roster, shift workers may be paid |
| | |overtime if they are required to handover on a specific occasion |
| | | |
| |10.39 |If a roster contains shifts where handover is not a requirement, the |
| | |calculation of time off will: |
| | | |
| | |Not be related to such shifts; and |
| | | |
| | |Only relate to those shifts in the roster where handover is required. |
| | | |
| |10.40 |Overtime shifts are not included in calculating handover time. |
| | | |
|Twelve Hour Shifts |10.41 |The following provisions will apply to Operators Eraring when working 12 |
| | |hour shift rosters: |
| | | |
| | |Each ordinary shift will be of 12 hours duration. |
| | | |
| | |Payment will be in accordance with the 7 x 3 x 8 hour roster. |
| | | |
| | |No benefits additional to those applying to the 7 x 3 x 8 hour roster will |
| | |be accumulated in relation to sick, annual, long service leave or public |
| | |holidays. |
| | | |
| | |There will be 2 ordinary shifts per day with day shift being from 7.00am to|
| | |7.00pm and night shift being from 7.00pm to 7.00am |
| | | |
| | |Twelve hour shift workers who, on a public holiday; |
| | |Work an ordinary rostered shift; or |
| | | |
| | |Are rostered off duty (except when on annual or long service leave) |
| | | |
| | |Are entitled to have 8 hours added to their annual leave entitlement for |
| | |each public holiday prescribed in Clause 21 of the Award. If higher grade |
| | |pay is involved, the provisions of Clause 15.4 apply. |
| | | |
| | |If observing a public holiday an employee will lose 12 hours annualised |
| | |salary allowance. |
| | | |
| | |When taking annual leave, employees will be debited 12 hours from their |
| | |annual leave balance. No loss of allowances will apply as per annualised |
| | |salary agreement. |
| | | |
| | |There will be no decrease in superannuation entitlements due to a change |
| | |from an eight hour shift roster to a 12 hour shift roster. |
| | |Allowances and Penalties |
| | | |
| | |Saturday 1.5 x hours of shift |
| | |Sunday 2.0 x hours of shift |
| | |Public Holidays 2.5 x hours of shift |
| | |Shift Allowance (night shift) 1.2 x hours of shift i.e. |
| | |20% |
| | |Shift Allowance (day shift) 1.2 x 4 hours of shift |
| | |i.e. (3.00pm to 7.00pm) |
| | | |
| | |Roster loading “A” (all shifts) 4.35% |
| | | |
| | |Monday to Friday shifts: |
| | | |
| | |Roster loading “A” and 4 hours shift allowance to be deducted for day shift|
| | |(12 hours) on sick leave. |
| | | |
| | |Roster loading “A” and shift allowance to be deducted for night shift (12 |
| | |hours) on sick leave. |
| | | |
| | |Saturday and Sunday shifts: |
| | | |
| | |Appropriate weekend penalty to be deducted for (12 hours) on sick leave. |
| | | |
| | |Roster loading “A” and 4 hours shift allowance to be deducted for day shift|
| | |(12 hours) on sick leave. |
| | | |
| | |Roster loading “A” and shift allowance to be deducted for night shift (12 |
| | |hours) on sick leave. |
| | | |
| | |Public holidays: |
| | | |
| | |Appropriate public holiday penalty to be deducted on sick leave. |
| | | |
| | |Roster loading “A” and 4 hours shift allowance to be deducted for day shift|
| | |(12 hours) on sick leave. |
| | | |
| | |Roster loading “A” and shift allowance to be deducted for night shift (12 |
| | |hours) on sick leave. |
| | | |
| | |Handover time will be (20) minutes each shift. |
11. Overtime – Day Work
|What is overtime? |11.1 |Overtime is all time worked on: |
| | | |
| | |Mondays to Fridays before ordinary commencing times |
| | | |
| | |Mondays to Fridays after ordinary finishing time |
| | | |
| | |Saturdays |
| | | |
| | |Sundays |
| | | |
| | |Public Holidays |
| | | |
|How is it calculated? |11.2 |In calculating how much overtime a day worker works, each working day is |
| | |treated separately. Periods worked before the ordinary commencing time and|
| | |after the ordinary finishing time on a particular day are added together to|
| | |give the worker’s total overtime for that day. When a new day starts, the |
| | |calculations begin again, except that overtime which begins on one day is |
| | |counted for that day, even if it continues into the next day. |
| | | |
|What are the rates of pay? |11.3 |Day workers must be paid the following rates for overtime: |
| | | |
| | |DAY PERIOD RATE |
| | | |
| | |Monday to first two hours 1.5 |
| | |Friday after two hours 2.0 |
| | | |
| | |Saturday (not before midday |
| | |a public - first two hours 1.5 |
| | |holiday - after two hours 2.0 |
| | | |
| | |after midday |
| | |-all hours worked 2.0 |
| | | |
| | |Sunday (not 2.0 |
| | |a public holiday) |
| | | |
| | |Public holiday in ordinary working 2.0 + |
| | |Hours ordinary pay |
| | | |
| | |outside ordinary 2.0 |
| | |working hours |
| | | |
|Minimum payment for non |11.4 |An employee must be paid a minimum of 4 hours at the appropriate overtime |
|merging overtime | |rate if the period of overtime the employee is required to work is not |
| | |connected to the ordinary working time. (This does not apply to an |
| | |employee required to standby under Clause 22 – Standby Allowance). |
| | | |
| |11.5 |Non-merging overtime of less than four hours duration is not treated as |
| | |overtime for the purposes of a 10 hours break. |
|Cancellation |11.6 |If Eraring Energy cancels a period of prearranged overtime for any reason |
| | |at short notice, it must pay the employee if notified: |
| | | |
| | |At home within one hour of the time the employee was to leave home – one |
| | |hour at single time |
| | | |
| | |Between the employee’s home and the place of work – 3 hours at single time |
| | | |
| | |At the place of work – 3 hours at the appropriate overtime rate. |
| | | |
| | |However an employee who has reported at the place of work may be required |
| | |to carry out alternative work for a minimum of 3 hours. Employees who |
| | |refuse to do this work are not entitled to any overtime payment but they |
| | |will be paid excess travel and fares, where applicable. |
| | | |
|Travel associated with merging |11.7 |Employees, who work overtime which merges with normal or rostered working |
|overtime | |hours, must have their travel to and/or from their homes, arranged by |
| | |Eraring Energy, if reasonable means of public transport are not available. |
| | |Additional time and/or costs incurred will be paid in accordance with |
| | |Clause 23 – Travelling Time and Fares. |
| | | |
|Travel associated with |11.8 |Employees, who work overtime which does not merge with normal or rostered |
|non-merging overtime | |working hours, must be paid for all reasonable time travelled, except when |
| | |they receive a minimum payment in accordance with 11.4. |
| | | |
| | |Employees shall receive the amount by which the sum of the actual time |
| | |worked, at the appropriate rate, plus the entitlement to travelling time, |
| | |in accordance with Clause 23 – Travelling Time and Fares, exceeds the |
| | |minimum payment. |
| | | |
| | |Eraring Energy must reimburse employees for any fares incurred. |
| | | |
|Telephone allowance |11.9 |Day workers who do not receive a stand-by allowance or a subsidised |
| | |telephone and who are called out by telephone to work overtime must be paid|
| | |an allowance of $7.10 for each occasion they work overtime. The employees |
| | |must travel to their work location by their own means. |
| | | |
|Time off after overtime – |11.10 |Whenever reasonable practicable, Eraring Energy must arrange overtime so |
|10 hour break | |that employees have at least 10 hours off duty between completing their |
| | |ordinary work on one day and beginning it on the next. |
| | | |
| |11.11 |If employees resume or continue work without a 10-hour break, Eraring |
| | |Energy must pay them double time until released from duty. They may then |
| | |be absent until they have had a 10 hour break. |
| | | |
| |11.12 |Employees must be paid at ordinary rates for any working time which occurs |
| | |during this 10 hour break. |
| |11.13 |The conditions in 11.10 and 11.11 do not apply to overtime for which a |
| | |minimum payment is applicable. |
| | | |
| |11.14 |If employees: |
| | | |
| | |Have had a 10 hour break; and |
| | | |
| | |Are recalled to work overtime whether notified before or after leaving |
| | |their place of work; and |
| | | |
| | |Commence that overtime starting at least 8 hours after their ordinary |
| | |finishing time on day 1 and before 5.00am on day 2; and |
| | | |
| | |Would normally be required to work on day 2, then the employees may defer |
| | |their ordinary commencing time on day 2 for a period of equal to the time |
| | |worked between the commencement of the overtime and 5.00am. |
| | | |
| |11.15 |If employees are required to continue to work during part of the period |
| | |they would normally stand down, Eraring Energy must pay these employees for|
| | |the period of stand down not taken at overtime rates. |
| | | |
|Standing-by for overtime |11.16 |Employees required to hold themselves in readiness to work overtime after |
| | |their ordinary finishing time must be paid for that time at ordinary rates |
| | |for the period between the ordinary finishing time and the commencement of |
| | |the overtime. However, this condition does not apply to employees required|
| | |to stand-by under Clause 22 – Standby Allowance. |
|Employees above salary |11.17 |Employees above salary point 35 must not be paid overtime without the |
|point 35 | |Managing Director's approval. |
12. Overtime – Shift Work
|What is overtime? |12.1 |Overtime is all time worked by shift workers before commencing time or |
| | |after finishing time of rostered shifts. |
| | | |
|How is it calculated? |12.2 |In calculating how much overtime a shift worker works, each working day is |
| | |treated separately. Periods worked before the ordinary commencing time and|
| | |after the ordinary finishing time on a particular day are added together to|
| | |give the worker’s total overtime for that day. When a new day starts, the |
| | |calculations begin again, except that overtime which begins on one day is |
| | |counted for that day, even if it continues into the next day. |
| | | |
|What are the rates of pay? |12.3 |Shift workers must be paid the following rates for overtime: |
| | | |
| | |DAY PERIOD RATE |
| | | |
| | |Monday to first two hours 1.5 |
| | |Friday after two hours 2.0 |
| | | |
| | |Saturday (not before midday |
| | |a public - first two hours 1.5 |
| | |holiday) - after two hours 2.0 |
| | | |
| | |after midday |
| | |- all hours worked 2.0 |
| | | |
| | |Sunday (not 2.0 |
| | |a public holiday) |
| | | |
| | |Public holiday all hours worked 2.5 |
| | | |
|Time worked – during |12.4 |All time worked during a shift worker’s rostered break is paid at the rate |
|rostered break | |of double time. |
| | | |
| | |(A shift worker’s rostered break is a period of at least one day’s |
| | |duration, when the shift worker is not required to work an ordinary shift).|
| | | |
|Time worked – on non-working days |12.5 |Employees who: |
| | | |
| | |Work on a Saturday or Sunday while rostered on a five day, Monday to |
| | |Friday, shift system; or |
| | | |
| | |Work on a Sunday while rostered on a six day, Monday to Saturday, shift |
| | |system; |
| | | |
| | |shall be paid at ordinary overtime rates for the day(s) concerned. |
| | | |
|Minimum payment for non |12.6 |An employee must be paid a minimum of 4 hours at the appropriate overtime |
|merging overtime | |rate if the period of overtime the employee is required to work is not |
| | |connected to the ordinary working time. (This does not apply to an |
| | |employee required to standby under Clause 22 – Standby Allowance). |
| | | |
| |12.7 |Non-merging overtime of less than four hours duration is not treated as |
| | |overtime for the purposes of a 10-hour break. |
|Irregular shift work – |12.8 |Employees who: |
|merging overtime | | |
| | |Are required to work irregular shift work; and |
| | | |
| | |Are being paid double time for the ordinary time they work in accordance |
| | |with Clause 10.30; and |
| | | |
| | |Work overtime which merges with the finishing time of the shift they are |
| | |working; |
| | | |
| | |must be paid at the rate of double time for that overtime. |
| | | |
|Time off after overtime – |12.9 |Whenever reasonably practicable, Eraring Energy must arrange overtime so |
|10 hour break | |that employees have at least 10 hours off duty: |
| | | |
| | |Between completing their ordinary work on one shift and commencing the next|
| | |shift; or |
| | | |
| | |If working away from their headquarters and incurring excess travelling |
| | |time. |
| | | |
| |12.10 |If employees resume or continue work without a 10-hour break, Eraring |
| | |Energy must pay them double time until released from duty. They may then |
| | |be absent until they have had a 10 hour break. |
| | | |
| |12.11 |Employees must be paid at ordinary rates for any working time which occurs |
| | |during this 10-hour break. |
| | | |
| |12.12 |If employees are required to continue to work during part of the period |
| | |they would normally stand down Eraring Energy must pay these employees for |
| | |the period of stand down not taken at overtime rates. |
| | | |
| |12.13 |Employees who have returned home after working overtime during a rostered |
| | |break are entitled to the ten hour break provision in respect of the period|
| | |before commencement of the next ordinary shift. |
| | | |
|Time off between shifts |12.14 |The rest period off duty must not be less than 8 consecutive hours for the |
| | |purpose of changing shift or shift rosters or where a shift is worked by |
| | |arrangement between employees themselves. |
| | | |
|Shift workers called out – |12.15 |Shift workers must be paid double time for any overtime worked if they: |
|not on standby | | |
| | |Have completed their ordinary shift and returned home; and |
| | | |
| | |Are notified after leaving their place of work that they are required to |
| | |work overtime; and |
| | | |
| | |Start the overtime 2 hours or more before the starting time of their next |
| | |ordinary shift; and |
| | | |
| | |Continue to work up to the starting time of that shift. |
| | |If the overtime finishes before the next ordinary shift starts, the shift |
| | |workers are to be paid double time for the overtime worked, with a minimum |
| | |payment equal to 4 hours at the appropriate overtime rate. |
| | | |
| | |If the overtime commences less than two hours before the commencing time of|
| | |the next rostered shift, such overtime will be paid at the appropriate |
| | |rate, provided that the overtime worked merges with the commencing time of |
| | |the next rostered shift. |
| | | |
| | |If the overtime finishes before the next ordinary shift starts the shift |
| | |workers are to be paid at the appropriate overtime rate for the time |
| | |worked, with a minimum payment equal to four hours at the appropriate |
| | |overtime rate. |
| | | |
|Notified of overtime before |12.16 |Shift workers must be paid at the appropriate overtime rate for any |
|leaving work | |overtime worked if they: |
| | | |
| | |Are notified before leaving their place of work; and |
| | | |
| | |Commence a period of overtime which does not merge with their current |
| | |ordinary shift; and |
| | | |
| | |Continue to work up to the starting time of their next ordinary shift. |
| | | |
| | |If the overtime finishes before the next ordinary shift starts, shift |
| | |workers are to be paid at the appropriate overtime rate for the time worked|
| | |with a minimum payment equal to four hours at the appropriate overtime |
| | |rate. |
| | | |
|Telephone allowance |12.17 |Shift workers who do not receive a stand-by allowance or a subsidised |
| | |telephone and who are called out by telephone to work overtime must be paid|
| | |an allowance of $7.10 for each occasion they work overtime. The employees |
| | |must travel to their work location by their own means for which payment is |
| | |prescribed by Clause 23 – Travelling Time and Fares. |
| | | |
|Twelve hour maximum |12.18 |If shift workers have to work overtime for 4 or more days due to a |
| | |temporary shortage of trained staff, Eraring Energy may arrange the |
| | |overtime so that each normal shift plus the overtime does not exceed a |
| | |total of 12 hours. |
| | | |
|When overtime is not paid |12.19 |Shift workers are not entitled to be paid overtime rates if the cause of |
| | |the work arises from: |
| | | |
| | |The customary rotation of shifts; or |
| | | |
| | |Arrangements between or at the request of the shift workers themselves. |
13. Meal Allowances on Overtime
|When are meal allowances |13.1 |Employees must be paid allowances for meals as follows: |
|paid? | | |
| | |Day workers |
| | | |
| | |Time Amount of Continuous Allowance |
| | |Overtime |
| | | |
| | |Monday to 1 hour 30 minutes $17.90 |
| | |Friday 5 hours $35.80 |
| | |9 hours $53.70 |
| | | |
| | |Non Working 4 or more hours (during $17.90 |
| | |Days hours usually worked |
| | |Monday to Friday) |
| | | |
| | |1 hour 30 minutes before or $17.90 |
| | |after ordinary hours |
| | |5 hours before or after ordinary $35.80 |
| | |hours |
| | |9 hours before or after ordinary $53.70 |
| | |hours |
| | | |
| | |Shift workers |
| | | |
| | |Type of Amount of Continuous Allowance |
| | |Overtime Overtime |
| | | |
| | |Additional to 1 hour 30 minutes $17.90 |
| | |rostered shift 5 hours $35.80 |
| | |9 hours $53.70 |
| | | |
| | |Worked on 4 or more hours (during $17.90 |
| | |rostered day hours worked on last |
| | |off rostered shift) |
| | | |
| | |1 hour 30 minutes before or $17.90 |
| | |after ordinary hours |
| | |5 hours before or after $35.80 |
| | |ordinary hours |
| | |9 hours before or after $53.70 |
| | |ordinary hours |
| | | |
| | |An employee is not entitled to more than three meal allowances for any one |
| | |period of continuous overtime. |
| | | |
| | |Employees must be paid a meal allowance of $17.90 if they have prepared a |
| | |meal in readiness for working overtime which was cancelled at short notice.|
| | | |
|Employees above salary point 35 |13.2 |Employees who are above salary point 35 and who are not engaged on shift |
| | |work are also entitled to meal allowances under the same conditions as |
| | |apply to day workers. |
14. Meal Breaks – Day Work
| |14.1 |Employees are entitled to normal meal breaks on ordinary working days |
| | |unless there is an emergency. |
| | | |
| |14.2 |Employees may take meal breaks as they fall due or at some other time by |
| | |arrangement with the supervisor. However, employees must not go without a |
| | |meal break for more than 5 hours unless there is an emergency. |
| | | |
|Disrupted meal breaks |14.3 |Employees who are unable to take all or part of their normal meal break |
| | |must be paid: |
| | | |
| | |overtime for the untaken part of the meal break; and |
| | | |
| | |overtime rates until such time the meal break is taken. |
| | | |
|Overtime – Monday to Friday |14.4 |Employees who are required to work overtime for a continuous period either |
| | |before their ordinary commencing time or after their ordinary finishing |
| | |time are allowed: |
| | | |
| | |after 1 hour 30 minutes – a meal break of 20 minutes |
| | | |
| | |after 4 hours – a second meal break of 20 minutes, but only if the |
| | |employees continue the overtime for at least another hour |
| | | |
| | |after 8 hours – a third meal break of 20 minutes, but only if the employees|
| | |continue the overtime for at least another hour. |
| | | |
| |14.5 |The meal break must be paid at the appropriate overtime rate. |
| | | |
| |14.6 |Employees may take the first meal break: |
| | | |
| | |during ordinary working hours without loss of pay if the entitlement |
| | |coincides with the ordinary commencing time; or |
| | | |
| | |at the commencement of the overtime or later by arrangement with the |
| | |supervisor, if the period of continuous overtime begins after the ordinary |
| | |finishing time. |
| | | |
|Overtime – Saturday, Sunday |14.7 |Employees who are required to work for a period of continuous overtime on a|
|or public holiday | |Saturday, Sunday or public holiday are entitled to: |
| | | |
| | |a meal break of 20 minutes with pay only if they are working during what |
| | |would be their ordinary working hours and the overtime is for more than 4 |
| | |continuous hours; and/or |
| | | |
| | |meal breaks with pay as set out in 14.4. |
| | | |
|Overtime – meal breaks count |14.8 |Meal breaks with pay allowed in connection with overtime are considered to |
| | |be overtime. They do not break continuity and must be included in |
| | |computing the amount of overtime worked by employees. |
|Overtime – extension of |14.9 |Employees may extend meal breaks during overtime up to one hour if the |
|meal break | |supervisor agrees. The time in excess of 20 minutes is not paid. |
15. Higher Grade Work and Pay
|Obligation to work in |15.1 |Employees must carry out work at a higher grade as directed where |
|a higher grade | |reasonable and practicable for them to do so and must be paid in accordance|
| | |with the provisions of this Clause. |
| | | |
|Payment for higher grade work |15.2 |Employees who are required to perform the duties and assume the |
| | |responsibilities of a higher grade position which is vacant or the |
| | |appointee of which is absent or is working in another position, must be |
| | |paid the salary to which the employees would have been entitled if |
| | |appointed to that position. |
| | | |
| | |Where employees are required to perform additional duties or assume |
| | |additional responsibilities above those for their current position for a |
| | |specified period, payment shall be made in line with the additional duties |
| | |and responsibilities undertaken. |
| | | |
| | |Wherever practicable the rate of pay applicable to the higher graded duties|
| | |shall be determined prior to the commencement of the acting. |
| | | |
| | |Employees who work at a higher grade for more than four hours must be paid |
| | |at the higher grade rate for all ordinary time worked during the day or |
| | |shift. |
| | | |
| | |The performance of higher graded duties must not continue for more than six|
| | |months without the Managing Director’s approval. This will only occur in |
| | |exceptional circumstances. |
| | | |
|Payment for Leave, Sick Leave etc |15.3 |Employees must be paid higher grade pay during the following categories of |
| | |leave or absence: |
| | | |
| | |Annual leave, paid sick leave and periods of absence on accident pay, if |
| | |they have been paid the higher grade pay; |
| | | |
| | |for a continuous period of three calendar months immediately before the |
| | |leave, such continuity being considered unbroken where absences on special |
| | |leave, sick leave, or accident pay, or the carrying out of lower graded |
| | |work, totalling not more than 5 working days or shifts have occurred during|
| | |this period; or |
| | | |
| | |for broken periods which total more than six months, during the 12 calendar|
| | |months immediately before the leave is taken. |
| | | |
| | |Long service leave, if they have been paid higher grade pay for a |
| | |continuous period of 12 calendar months immediately before the leave is |
| | |taken. |
| | | |
| | |Any time spent in another position equal to or higher than the grade of the|
| | |position in which employees are acting must be counted as having been spent|
| | |in the position under consideration in calculating whether the employees |
| | |are entitled to higher grade pay for the purposes of this clause. |
| | | |
|Public Holidays |15.4 |Employees must be paid higher grade pay for a public holiday if they |
| | |receive that pay for at least the day preceding and for at least the day |
| | |following the public holiday. |
| | | |
|Overtime |15.5 |Employees who are being paid a higher grade rate must be paid for overtime |
| | |at that rate if they have been carrying out higher graded duties for one |
| | |working day or shift immediately before and continuous with the period of |
| | |overtime. |
| | | |
|Training in Higher Grade |15.6 |Employees undertaking training for the purpose of gaining experience in a |
| | |higher graded position must not be paid at the higher grade rate where: |
| | | |
| | |The appointed occupant of the position remains on duty and retains the |
| | |responsibilities of the position; |
| | | |
| | |The periods of training do not exceed a continuous period of three months; |
| | | |
| | |In the case of non-continuous training the periods of training do not |
| | |exceed six months during a twelve calendar month period. |
| | | |
|Lower graded work |15.7 |When directed, employees must carry out lower graded work that is |
| | |temporarily required and be paid not less than their current salary point. |
16. Clothing and Tools
|Basis of issue |16.1 |Eraring Energy must issue clothing or other articles if it considers them |
| | |necessary for: |
| | | |
| | |protection from injury |
| | | |
| | |protection in wet or hot places |
| | |protection against materials which destroy or damage ordinary clothing |
| | | |
| | |protection from weather |
| | | |
| | |uniformity of appearance. |
| | | |
| |16.2 |Eraring Energy may issue tools at its discretion. |
| | | |
|Responsibility of employee |16.3 |Employees are responsible for: |
| | | |
| | |the proper care of any clothing or other article issued; and |
| | | |
| | |the laundering of clothing issued to them, unless they are: |
| | | |
| | |engaged in or exposed to the spraying of lead and/or silica paint |
| | | |
| | |handling or exposed to PCB’s, asbestos or synthetic fibres or have their |
| | |clothing substantially soiled by transformer oil |
| | | |
| | |exempted by Eraring Energy. |
| | | |
|Disposable clothing use |16.4 |Disposable overalls may be supplied by Eraring Energy when using materials |
| | |in 16.3 (b)(i) and (ii). |
| | | |
| |16.5 |The employee must wear any clothing, or use any tools or articles issued: |
| | | |
| | |only in the course of duty; and |
| | | |
| | |for the purposes for which they are issued. |
| | | |
|Replacement |16.6 |Eraring Energy will replace clothing and footwear when they are: |
| | | |
| | |worn out or unsuitable for the purpose for which they were issued; or |
| | | |
| | |lost and their loss is accounted for satisfactorily. |
| | | |
| |16.7 |An employee must replace or pay for any item of clothing or tools lost or |
| | |damaged through misuse or negligence. Eraring Energy’s decision in the |
| | |matter is final. |
| | | |
|Wet weather clothing |16.8 |An employee must return upon request any wet weather clothing which is not |
| | |issued permanently. |
17. Annual Leave
|Amount of leave |17.1 |Employees are entitled to the following amounts of annual leave after each |
| | |12 months’ service: |
| | | |
| | |Day workers – 140 hours |
| | | |
| | |Shift workers on 7 day rotating roster – 140 hours plus: |
| | | |
| | |35 hours after 12 months on the roster; or |
| | | |
| | |a proportionate amount of 35 hours for periods less than 12 months of the |
| | |roster. |
| | | |
| | |Shift workers on other than 7 day rotating roster – 140 hours. |
| | | |
| | |140 hours is the equivalent of four weeks annual leave and is not intended |
| | |to reduce the entitlement to leave under the Annual Holidays Act 1944. |
| | | |
|Public holidays falling within a period |17.2 |Annual leave does not include public holidays. |
|of leave | | |
| | | |
|Rate of pay |17.3 |Annual leave is paid as follows: |
| | | |
| | |Day worker – full pay |
| | | |
| | |Shift worker |
| | | |
| | |Ordinary rate of pay plus the employee’s ordinary shift work penalty |
| | |payments, had the employee not been on annual leave; or |
| | | |
| | |Ordinary rate of pay if the roster loading under Clause 10 – Shift Work is |
| | |more than the ordinary shift work penalty payments. |
| | | |
|When can leave be taken? |17.4 |By mutual agreement, an employee may take annual leave in 1, 2 or 3 |
| | |separate periods: |
| | | |
| | |On or after its due date or as rostered; or |
| | | |
| | |Before its due date if approved: |
| | | |
| | |Where a rotating annual leave roster operates; or |
| | | |
| | |Where there are special circumstances. |
| | | |
| |17.5 |If an employee or Eraring Energy terminates his or her services for any |
| | |reason, any amount paid for annual leave which the employee has taken |
| | |before its due date is an overpayment. Eraring Energy may subtract the |
| | |amount of overpayment from any money payable to the employee on his or her |
| | |termination without affecting its rights to recover the overpayment through|
| | |court proceedings. |
|Notice of leave |17.6 |Employees must give notice that they intend to take annual leave as soon as|
| | |practicable and at least one month before the leave begins. However, if |
| | |Eraring Energy agrees that extenuating circumstances exist, annual leave |
| | |may be approved at shorter notice. |
| | | |
|Leave on terminating service |17.7 |If the service of an employee is terminated for any reason Eraring Energy |
| | |must pay the employee or the employee’s personal legal representative: |
| | | |
| | |Accrued annual leave for completed years of service; and |
| | | |
| | |8.3% of the weekly rate of pay at the employee’s appointed grade on |
| | |termination for each completed or part week of service, for the current |
| | |leave accrual year. |
18. Long Service Leave
|What service counts? |18.1 |In calculating how much long service leave an employee is entitled to, |
| | |Eraring Energy must include: |
| | | |
| | |actual service with Eraring Energy |
| | | |
| | |periods specified for certain employees under the State Owned Corporations |
| | |Act 1989 |
| | | |
| | |periods of annual and long service leave |
| | | |
| | |periods of approved leave with pay |
| | | |
| | |periods of sick leave with or without pay |
| | | |
| | |periods of approved leave without pay exceeding 20 consecutive working days|
| | |or shifts which Eraring Energy has specifically authorised to be counted as|
| | |service |
| | | |
| | |periods of approved leave without pay not exceeding 20 consecutive working |
| | |days or equivalent hours of shifts |
| | | |
| | |periods of absence from work due to incapacity resulting from injury as |
| | |defined in Section 6 of the Workers’ Compensations Act 1926, Section 49 of |
| | |the Workers’ Compensation Act 1987 for which the employee receives a |
| | |payment under that Act |
| | | |
| | |periods of service as an employee on probation |
| | | |
| | |periods of service with another employer where an agreement has been |
| | |reached between Eraring Energy and that employer |
| | |in the case of an employee whose service with Eraring Energy was terminated|
| | |by resignation or by discharge and who was re-employed, the previous period|
| | |of service. By definition discharge means discharge as a consequence of |
| | |retrenchment, re-organisation or shortage of work, or any reason except |
| | |dismissal or retirement on account of ill-health. |
| | | |
| | |In the case of an employee whose service with Eraring Energy was terminated|
| | |by dismissal and who was re-employed and whose current period of service |
| | |exceeds five years, the previous period of service. |
| | |Employees, who have taken or been paid for long service leave accrued in |
| | |their previous period(s) of service and who are re-employed, will have |
| | |those previous period(s) of service counted for qualifying purposes only |
| | |for future entitlements. |
|At what rate does leave accrue? |18.2 |Long service leave accrues as follows: |
| | | |
| | |Length of Service Amount of Leave |
| | | |
| | |10 years 13 weeks |
| | |15 years 19.5 weeks |
| | |20 years 30.3333 weeks |
| | |each year after 20 years 2.1666 weeks. |
| | | |
| | |It is not intended to reduce the entitlement to leave under the Long |
| | |Service Act 1955. |
| | | |
| | |Transferred employees with periods of service listed in 18.1 (j) and 7.1 |
| | |(h) must get an amount of long service leave at least equal to that to |
| | |which they would have been entitled if they had not transferred. Any part |
| | |of their entitlement which they have received from their previous employer |
| | |is deducted from the total amount due from Eraring Energy. |
| | | |
| |18.3 |The entitlement for length of service in between any of the periods listed |
| | |in 18.2 is worked out on a proportional basis. |
| | | |
|How is leave paid? |18.4 |Long service leave is paid at the employee’s appointed rate of pay at the |
| | |time the leave is taken. Upon termination of employment with Eraring |
| | |Energy, payment of the value of the long service leave is based on |
| | |completed weeks of service. |
| | | |
|When can leave be taken? |18.5 |Employees may clear long service leave as it becomes due. However, if the |
| | |time of taking the leave would seriously inconvenience Eraring Energy, then|
| | |it must be postponed to a time on which both the employee and Eraring |
| | |Energy can agree. |
| | | |
| |18.6 |An employee may take long service leave: |
| | | |
| | |On full pay: |
| | |In periods of four weeks or more; or |
| | | |
| | |With the agreement of Eraring Energy in periods of not less than two weeks;|
| | |or |
| | | |
| | |On half pay only at a time suitable to Eraring Energy and at its |
| | |discretion. If half pay is chosen then the employee is entitled to a |
| | |period of absence twice the amount of entitlement. |
| | | |
| |18.7 |Employees must give Eraring Energy at least one month’s notice before the |
| | |date they intend to take long service leave. |
| | | |
|Public holidays falling during leave |18.8 |Long service leave does not include public holidays. |
|On leaving between 5 and |18.9 |If an employee has completed at least 5 years’ service as an adult (as |
|10 years | |defined in the Long Service Leave (Amendment) Act 1963), then the employee |
| | |is entitled to a proportional amount of long service leave equal to 1.3 |
| | |weeks for each year of total service (whether as an adult or not) if: |
| | | |
| | |Eraring Energy terminates the service of the employee for any reason; or |
| | | |
| | |The employee ceases work because of illness, incapacity, or domestic or |
| | |other pressing necessity; or |
| | | |
| | |The employee dies. |
| | | |
| | |Eraring Energy must pay the employee (or the legal representative in the |
| | |case of death) a cash amount equivalent to the leave. |
| | | |
|After 10 years |18.10 |If an employee has completed on the termination of employment at least 10 |
| | |years’ service which entitles the employee to long service leave, then |
| | |Eraring Energy must pay the employee (or legal representative in the case |
| | |of death) a cash amount equivalent to any untaken leave. |
19. Sick Leave and Accident Pay
|When may employees be |19.1 |Employees may be granted sick leave, either with or without pay, when they |
|granted sick leave | |are absent from work because: |
| | | |
| | |they are personally ill or injured; or |
| | | |
| | |they visit a medical practitioner for advice and/or treatment for actual or|
| | |suspected personal illness or injury and they comply with the regulations |
| | |in 19.18 to 19.26. |
| | | |
|When will sick leave not be granted |19.2 |Employees will not be granted sick leave when: |
| | | |
| | |they have workers’ compensation approved; or |
| | | |
| | |subject to section 26 of the Industrial Relations Act 1996, the personal |
| | |illness or injury was caused or substantially brought about by: |
| | | |
| | |the employees’ wilful act, misconduct or negligence; or |
| | | |
| | |participation in a game involving risk of injury unless Eraring Energy |
| | |accepts that the participation is beneficial for the health and efficiency |
| | |of the employee; or |
| | | |
| | |participation in other employment. |
| | | |
|Amount of sick leave |19.3 |The amount of sick leave with pay which may be granted will be ascertained |
| | |by crediting each employee with the following periods: |
| | | |
| | |Leave on Leave on |
| | |full pay - half pay – |
| | |Working Working |
| | |Days Days |
| | | |
| | |Upon completion of 12 12 |
| | |three months’ service |
| | | |
| | |Upon completion of 12 12 |
| | |twelve months’ service |
| | | |
| | |Upon completion of each 12 12 |
| | |additional 12 months’ |
| | |service |
| | | |
| | |These periods are cumulative. In crediting the above amounts after the |
| | |completion of each year of service, the minimum requirements of Section 26 |
| | |of the Industrial Relations Act 1996, will be taken into account. |
| | | |
| | |All employees transferred to Eraring Energy under the provisions of the |
| | |Energy Services Corporations Act 1995, retain their sick leave credits they|
| | |had at the date of transfer. |
| | | |
|Calculation of entitlements |19.4 |When calculating the amount of sick leave with pay for which employees are |
| | |eligible, sick leave which has been granted at full and half pay |
| | |respectively will be deducted from the entitlements in 19.3. |
| | | |
|Calculation of an employees’ entitlements|19.5 |For each employee, the number of days for which paid sick leave has already|
| | |been granted is calculated by the formula: |
| | | |
| | |Total hours paid sick leave taken X 5, divided by the employee’s ordinary |
| | |weekly working hours. |
|Maximum period of leave |19.6 |The maximum period of continuous paid sick leave is ordinarily 52 weeks. |
| | | |
| |19.7 |Eraring Energy may approve additional sick leave with pay if: |
| | | |
| | |The employee still has sick leave with pay outstanding after 52 weeks; or |
| | | |
| | |If all sick leave with pay has been exhausted but Eraring Energy considers |
| | |exceptional circumstances exist, such as the employees’ length of service. |
| | | |
|Leave to count as service |19.8 |Any period of sick leave, with or without pay, or leave on accident pay |
| | |that Eraring Energy approves, counts as service. |
| | | |
|Retirement – ill-health |19.9 |Eraring Energy may retire employees on account of ill-health, which makes |
| | |employees unable now and in the future to perform the duties of there |
| | |appointed grade. Eraring Energy’s Occupational Health Physician consultant|
| | |and/or other medical practitioner, as agreed to by Eraring Energy and the |
| | |Secretary of the Union concerned, must issue a certificate to this effect. |
| | | |
|Retirement and sick leave |19.10 |If Eraring Energy decides to retire an employee because of ill-health |
| | |either: |
| | | |
| | |The retirement must begin only after the employee has exhausted all sick |
| | |leave credits; or |
| | | |
| | |The employee must be paid any accrued sick leave outstanding. |
| | | |
| | |Employees will not be granted any additional sick leave after Eraring |
| | |Energy decides that they are to be retired ill-health. Wherever |
| | |practicable, 14 days’ notice of the intention to retire will be given to |
| | |the employees concerned. |
| | | |
| |19.11 |Only employees who are retired because of ill-health are entitled to be |
| | |paid for accrued sick leave. |
| | | |
|Sickness during long service |19.12 |If employees are personally ill or injured during annual or long service |
|leave and annual leave | |leave and produce appropriate medical evidence that they were unable to |
| | |derive benefit from the leave, they must be granted, if they so elect, to |
| | |have the period of illness or injury approved as sick leave: |
| | |For periods of one working day or more in the case of annual leave; or |
| | | |
| | |For a period of at least 5 consecutive working days in the case of long |
| | |service leave. |
|Public holidays during sick leave |19.13 |A public holiday will not be counted as sick leave for employees if: |
| | | |
| | |It occurs during a period of absence on approved sick leave; and |
| | | |
| | |They would not have been required to work on that day. |
| | | |
| |19.14 |Shift workers may elect to be paid at single time in substitution for sick |
| | |leave if they: |
| | | |
| | |Do not work a shift for which they are rostered on a public holiday because|
| | |of personal illness or injury; and |
| | | |
| | |Comply with the provisions relating to the granting of sick leave; and |
| | | |
| | |Notify Eraring Energy of the impending absence before the shift begins; and|
| | | |
| | |Submit an acceptable medical certificate in accordance with 19.20 to 19.23.|
| | | |
| | |Shift workers who make this election will not have deductions made from |
| | |their sick leave entitlements. |
| | | |
|Infectious diseases |19.15 |Employees may elect to have a period of absence from work because of |
| | |contact with a person suffering from an infectious disease or restrictions |
| | |imposed by law concerning the disease, either: |
| | | |
| | |Treated as sick leave; or |
| | | |
| | |Deducted from their annual leave. |
| | | |
| | |Accident Pay |
| | | |
| |19.16 |Accident pay is an amount that would bring the workers’ compensation up to |
| | |the employee’s substantive salary for the weekly period in which it is |
| | |paid. |
| | | |
| |19.17 |Employees may be granted accident pay for a maximum period of 52 weeks if |
| | |they: |
| | | |
| | |Have workers’ compensation approved; and |
| | | |
| | |Comply with 19.18 to 19.25. |
| | | |
| | |However, where special circumstances exist, Eraring Energy may discontinue |
| | |accident pay at any time after receipt of such payment for a period of |
| | |twenty six weeks. |
| | |Regulations |
| | | |
|How to apply |19.18 |Employees must claim sick leave or accident pay on the appropriate forms. |
| | | |
|Medical examination |19.19 |If required by Eraring Energy, employees must be examined by Eraring |
| | |Energy’s Occupational Health Physician consultant as soon as they are |
| | |physically able. |
| | | |
|Absences of more than 3 days |19.20 |Employees must submit a certificate from Eraring Energy’s Occupational |
| | |Health Physician Consultant or another medical practitioner to cover all |
| | |periods of absence for which the employees claim: |
| | | |
| | |Sick leave (with or without pay) exceeding three working days which are |
| | |consecutive days; or |
| | | |
| | |Accident pay. |
| |19.21 |The medical certificate must contain: |
| | | |
| | |The name of the employee |
| | |The period the employee is likely to be unfit for work |
| | |The date of which the employee will be able to report to Eraring Energy’s |
| | |Occupational Health Physician consultant |
| | |The date the employee first consulted a medical practitioner or Eraring |
| | |Energy’s Occupational Health Physician consultant |
| | |The medical practitioner’s qualifications, name, address and signature or |
| | |the signature of Eraring Energy’s Occupational Health Physician consultant;|
| | |and |
| | |The date of issue of the certificate |
| | | |
| |19.22 |If the certificate does not include the nature or cause of the illness or |
| | |injury, Eraring Energy may refer the employee to a nominated medical |
| | |practitioner for examination. |
| | | |
| |19.23 |Employees, who have applied to a medical practitioner for a medical |
| | |certificate and are unable to obtain such certificate, must submit a |
| | |statutory declaration containing: |
| | | |
| | |The name and address of the medical practitioner |
| | |The date of the consultation and |
| | |The reasons for not obtaining a certificate. |
| | | |
| |19.24 |If Eraring Energy’s Occupational Health Physician consultant certifies an |
| | |employee as unfit for work, the employee must obtain a medical certificate |
| | |from another medical practitioner when required by Eraring Energy’s |
| | |Occupational Health Physician consultant. |
| |19.25 |Sick leave or accident pay is paid to those employees only from the date on|
| | |which they first consulted a medical practitioner and obtained a medical |
| | |certificate. They may also be paid for a period before the consultation if|
| | |the period does not exceed: |
| | | |
| | |Three working days which are consecutive; and |
| | | |
| | |Two non-working days; and |
| | | |
| | |Any public holiday; and |
| | | |
| | |Any special day off related to the working of a nine day fortnight. |
| | | |
|Absences of three day or less |19.26 |Employees must be able to prove to the satisfaction of their controlling |
| | |officers that they were unable to attend for duty when claiming sick leave |
| | |for three consecutive working days or less. |
| | | |
|Conversion of half pay |19.27 |If employees have any credits of sick leave on half pay, they may elect to |
| | |draw on those credits for a period of sick leave supported by a medical |
| | |certificate to enable them to be paid at full pay. |
| | | |
| |19.28 |If Eraring Energy disputes a medical certificate, a referee may be |
| | |appointed who is a medical practitioner agreed on by the employee and |
| | |Eraring Energy. Any medical certificate issued by that referee must be |
| | |accepted by the employee and Eraring Energy as conclusive. |
| | | |
| | |Eraring Energy must pay the fee if the referee decides in favour of the |
| | |employee, and employees must pay the fee if the decision is against them. |
| | | |
| | |Eraring Energy must allow the employee to have leave with pay for any |
| | |medical examination by the referee. |
| | | |
| |19.29 |Each employee who is admitted to hospital must obtain a medical certificate|
| | |stating: |
| | | |
| | |The date of admission |
| | | |
| | |The nature of the incapacity for work |
| | | |
| | |The anticipated period of absence. |
| | | |
| | |Employees must obtain a medical certificate for each 4 weeks they are in |
| | |hospital. |
20. Family Carer’s Leave
|Use of sick leave |20.1 |An employee with responsibilities in relation to a class of person set out |
| | |in 20.5, who needs their care and support, shall be entitled to use sick |
| | |leave available from that year’s annual sick leave entitlement, minus any |
| | |sick leave taken from that year’s entitlement, to provide care and support |
| | |for such persons when they are ill. Such leave may be taken for part of a |
| | |single day. |
| | | |
| |20.2 |Sick leave accumulates from year to year. In addition to the current |
| | |year’s grant of sick leave available under 20.1, sick leave accrued from |
| | |the previous three years may also be accessed by an employee with |
| | |responsibilities in relation to a person who needs their care and support. |
| |20.3 |Eraring Energy may, in special circumstances, make an additional grant of |
| | |sick leave. This grant can only be taken from sick leave accrued prior to |
| | |the period referred to in 20.2. |
| | | |
|Proof of illness |20.4 |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. |
| | | |
|Definitions |20.5 |The entitlement to use sick leave in accordance with 20.1 to 20.4 is |
| | |subject to: |
| | | |
| | |The employee being responsible for the care of the person concerned; and |
| | | |
| | |The person concerned being: |
| | | |
| | |A spouse of the employee; or |
| | | |
| | |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 |
| | | |
| | |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 |
| | | |
| | |A same sex partner who lives with the employee as the de facto partner of |
| | |that employee on a bona fide domestic basis; or |
| | |A relative of the employee who is a member of the same household, where for|
| | |the purposes of this paragraph: |
| | | |
| | |‘relative’ means a person related by blood, marriage or affinity; |
| | | |
| | |‘affinity’ means a relationship that one spouse because of marriage has to |
| | |blood relatives of the other; and |
| | | |
| | |‘household’ means a family group living in the same domestic dwelling. |
|Notice of absence |20.6 |An employee shall, wherever practicable, give Eraring Energy 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 Eraring Energy by telephone of such absence at the first |
| | |opportunity on the day of absence. |
| | | |
|Unpaid Leave for Family |20.7 |An employee may elect, with the consent of Eraring Energy to take unpaid |
|Purpose | |leave for the purpose of providing care and support to a member of a class |
| | |of person set out in 20.5, who is ill. |
| | | |
|Annual Leave |20.8 |An employee may elect with the consent of Eraring Energy, subject to the |
| | |Annual Holidays Act 1944, to take annual leave not exceeding five days in a|
| | |single day periods or part thereof, in any calendar year at a time or times|
| | |agreed by the parties. |
| | | |
|Time off in Lieu of payment |20.9 |An employee may elect, with the consent of Eraring Energy to take time off |
|for overtime | |in lieu of payment for overtime at a time or times agreed with Eraring |
| | |Energy, within twelve (12) months of the said election. |
| | | |
| |20.10 |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. |
| | | |
| |20.11 |If, having elected to take time as leave in accordance with 20.9, the leave|
| | |is not taken for whatever reason, payment for time accrued at overtime |
| | |rates shall be made at the expiry of the twelve (12) month period, or on |
| | |termination. |
| | | |
| |20.12 |Where no election is made in accordance with 20.9, the employee shall be |
| | |paid overtime rates in accordance with this Award. |
| | | |
|Make-up Time |20.13 |An employee may elect, with the consent of Eraring Energy 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 this Award, at the ordinary rate of pay. |
| | | |
| |20.14 |An employee on shift work may elect, with the consent of Eraring Energy 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. |
| | | |
|Rostered Days Off |20.15 |An employee may elect, with the consent of Eraring Energy to take a |
| | |rostered day off at any time, in accordance with sub-clause 3.7 of this |
| | |Award. |
21. Public Holidays and Picnic Day
|Public Holidays |21.1 |The following days are observed as public holidays: |
| | | |
| | |New Year’s Day |
| | |Australia Day |
| | |Good Friday |
| | |Easter Saturday |
| | |Easter Monday |
| | |Anzac Day |
| | |Queen’s Birthday |
| | |Labour Day |
| | |Christmas Day |
| | |Boxing Day |
| | |Picnic Day |
| | |Other proclaimed holidays observed throughout New South Wales. |
| | | |
|What is day worker entitled to? |21.2 |A day worker is entitled to public holidays without loss of ordinary pay if|
| | |the employee is not absent without approval on the working day before and |
| | |after the public holiday. |
| | | |
|What is a shift worker entitled to? |21.3 |A shift worker is: |
| | | |
| | |Paid for public holidays in accordance with Clause 10 – Shift Work; and |
| | | |
| | |Not entitled to be paid if absent without approval when the shift worker’s |
| | |normally rostered shift falls on a public holiday. |
| | | |
|Are public holidays paid during |21.4 |An employee who is entitled to payment for a public holiday is paid at |
|a period of absence? | |single time when the public holiday occurs during a period of: |
| | | |
| | |Approved leave without pay not exceeding 20 consecutive days or shifts |
| | | |
| | |Approved sick leave without pay. |
| | | |
|Picnic Day |21.5 |Picnic Day will be observed by day workers on a day agreed to by employee/s|
| | |and local management. For the purpose of shift rostering, picnic day will |
| | |fall on the last Monday in November. |
| | | |
| |21.6 |The conditions for pay set out in 21.2 to 21.4 apply to Picnic Day. |
22. Standby Allowance
|Who is entitled to the |22.1 |Employees who are required to be available for emergency and/or breakdown |
|Allowance? | |work at any time and are required to remain in communication must be paid |
| | |standby allowance. These employees are termed “approved employees” and do |
| | |not include those who have the allowance included in their salary by |
| | |agreement between Eraring Energy and the relevant union(s). |
| | | |
| |22.2 |Standby work includes: |
| | | |
| | |restoring continuity of supply |
| | | |
| | |returning to safe and proper operating condition any plant or equipment |
| | |that has broken down in service, or is likely to break down |
| | | |
| | |carrying out urgent maintenance work that if not carried out an |
| | |interruption to supply may occur. |
| | | |
|Work not included |22.3 |Standby work does not include: |
| | | |
| | |overtime that was arranged before an employee’s normal ceasing time; and/or|
| | | |
| | |work which does not involve an emergency or breakdown situation. |
| | | |
|How much is the allowance? |22.4 |Standby allowance is $83.20 per week. |
| | | |
|Payment of overtime worked |22.5 |“Approved” day workers who are called out and required to work overtime |
|when called out – day workers | |must be paid in accordance with Clause 11 – Overtime Day Work. They must |
| | |receive a minimum payment one hour at double time. |
| | | |
|Payment of overtime worked |22.6 |“Approved” shift workers who are notified after leaving work must be paid |
|when called out – shift workers | |in accordance with Clause 12 – Overtime Shift Work if the overtime |
| | |commences: |
| | | |
| | |two hours or more before the ordinary time: |
| | | |
| | |double time when the overtime merges with rostered commencing time |
| | | |
| | |double time, with a minimum of three hours at single time, when the |
| | |overtime does not merge with rostered commencing time. |
| | | |
| | |Less than two hours before the ordinary commencing time, the appropriate |
| | |rate provided for in Clause 12 – Overtime – Shift Work. |
| | | |
| | |Additionally, in the case of non-merging overtime, the appropriate rate in |
| | |Clause 12 – Overtime – Shift Work applies from the time of commencing |
| | |overtime to the time of commencing the next rostered shift. |
| | | |
|Public Holidays |22.7 |Employees required to be on standby, in accordance with the provisions of |
| | |this clause, on a public holiday shall have a day added to their accrued |
| | |annual leave entitlement. |
| | | |
|Standby availability |22.8 |Employees standing by: |
| | | |
| | |Must not be required to be constantly available beyond a period of four |
| | |weeks if other employees are available for these duties; and |
| | | |
| | |Must have at least one weekend, comprising two consecutive days, off duty |
| | |in each four weeks, without reduction in standby allowance if other |
| | |employees are not available. |
23. Travelling Time and Fares
| |23.1 |Employees are required to travel to and from home and headquarters once at |
| | |their own expense in connection with each ordinary working day or rostered |
| | |shift. |
| | | |
|When can it be claimed? |23.2 |Employees are entitled to claim: |
| | | |
| | |excess travelling time and excess fares when they: |
| | | |
| | |are required to work at a temporary headquarters; or |
| | | |
| | |work overtime which merges with ordinary working hours |
| | | |
| | |travelling time and fares when they work overtime which: |
| | | |
| | |does not merge; or |
| | | |
| | |is not considered to merge |
| | | |
| | |with ordinary working hours. |
| | | |
|Who can claim? |23.3 |Only employees at salary point 35 or below or employees who worked 40 |
| | |ordinary hours per week prior to 1st June, 1979 can claim excess travelling|
| | |time. |
| | | |
| |23.4 |All employees can claim for fares as set out in this clause. |
| | | |
| |23.5 |Employees cannot claim for any time spent travelling during ordinary |
| | |working hours or shifts. |
| | | |
|Definitions |23.6 |For the purposes of this clause, the following definitions apply: |
| | | |
| | |Headquarters means any office, workshop, power station, store, depot or |
| | |other place of employment at which employees are regularly required to |
| | |work, or from which their work is directly controlled and to which they |
| | |have been attached. |
| | | |
| | |Temporary Headquarters means any office, workshop, power station, store, |
| | |depot or other place of employment at which employees are temporarily |
| | |required to work and from which their work is directly controlled (as |
| | |distinct from direct supervision on the job) and to which they have been |
| | |attached temporarily. |
| | | |
| | |Point Distant from Headquarters means any place of employment at which |
| | |employees are temporarily required to work which is not a temporary |
| | |headquarters and where their work is directly controlled (as distinct from |
| | |direct supervision on the job) from their headquarters or temporary |
| | |headquarters. |
|Working at temporary headquarters |23.7 |Employees who are required: |
| | | |
| | |to work at a temporary headquarters; and |
| | | |
| | |travel between: |
| | | |
| | |home and temporary headquarters; or |
| | | |
| | |temporary place of accommodation and temporary headquarters; or |
| | | |
| | |one headquarters and another |
| | | |
| | |not in association with overtime: |
| | | |
| | |may apply for; and |
| | |be paid travelling time for the period which is in excess of travelling |
| | |time between their headquarters and home at their normal time of travel. |
| | | |
| | |Such payments must be made having regard to 23.8 |
| | | |
| | |Associated fares must also be paid. |
| | | |
| |23.8 |The requirement that employees must work at a temporary headquarters must, |
| | |at an employee’s request, be terminated upon the employee completing a |
| | |continuous period of twenty six ordinary working weeks, excluding public |
| | |holidays, at the temporary headquarters. |
| | | |
| | |If Eraring Energy grants approval, the period of an employee’s attachment |
| | |to the temporary headquarters may be extended. The period of the extension|
| | |must be treated as temporary attachment for all purposes. |
| | | |
| | |These provisions do not apply to periods worked at the temporary |
| | |headquarters, beyond twenty six ordinary working weeks, to employees who do|
| | |not request the termination of such attachment. |
| | |Continuity of the twenty six ordinary working weeks period shall not be |
| | |considered to have been broken by periods of: |
| | | |
| | |annual and long service leave |
| | | |
| | |sick leave |
| | | |
| | |accident leave |
| | | |
| | |special leave with or without pay |
| | | |
| | |temporary transfers to other headquarters or return to own headquarters for|
| | |periods not exceeding four continuous working weeks including public |
| | |holidays. |
| | | |
|Travel – employees receiving |23.9 |Employees, must be paid for excess travelling time and excess fares, for |
|meal or accommodation allowances | |travel between: |
| | | |
| | |home and temporary headquarters; or |
| | | |
| | |between one headquarters and another. |
| | | |
| | |Payments must be: |
| | | |
| | |made having regard to 23.7 and 23.8; and |
| | |where meal allowances or overnight accommodation allowances are payable for|
| | |such travel. |
| | | |
| |23.10 |Where Eraring Energy provides employees with meals and/or accommodation for|
| | |travel between: |
| | | |
| | |home and temporary headquarters; or |
| | | |
| | |one headquarters and another |
| | | |
| | |excess travelling time calculations will include: |
| | | |
| | |the actual time for such journeys; and |
| | | |
| | |waiting time up to a maximum of three hours during the course of the |
| | |journey. |
| | | |
| |23.11 |Waiting time |
| | | |
| | |prior to commencement; or |
| | | |
| | |at the conclusion of a journey |
| | | |
| | |must not be treated as travelling time without approval of Eraring Energy. |
| | | |
|Travel to a distant point |23.12 |Employees who are required to work at a point distant form their |
| | |headquarters or temporary headquarters and travel outside their ordinary |
| | |working hours, must be paid as if they were at work for any time occupied |
| | |in travelling between: |
| | | |
| | |their headquarters or temporary headquarters and the distant place of work;|
| | |or |
| | | |
| | |their home or temporary place of accommodation and the distant place of |
| | |work, less an amount equal to their normal time of travel between their |
| | |home and headquarters. |
| | | |
| | |They are also entitled to any excess fares. |
| | | |
| |23.13 |If the work involves overtime not merging with ordinary hours, they must be|
| | |paid in accordance with 23.18. |
| | | |
|Is there a maximum amount of travelling |23.14 |When Eraring Energy provides accommodation and/or meals, the maximum |
|time claimable? | |travelling time that can be claimed for travel between home and temporary |
| | |headquarters, or one headquarters and another, in each period of 24 hours |
| | |from the starting time of a journey, is: |
| | | |
| | |8 hours if a sleeper is provided; or |
| | | |
| | |12 hours if there is no sleeper; or |
| | | |
| | |above 12 hours if no sleeper is provided and the employee is directed to |
| | |use a slower means of transport than one that is available. |
| | | |
|Reasonable transport not |23.15 |Employees who: |
|Available | | |
| | |start or finish work at a temporary location; or |
| | | |
| | |finish overtime |
| | | |
| | |at a time when reasonable means of transport is not available, must be |
| | |provided with transport by Eraring Energy to their: |
| | | |
| | |homes; or |
| | | |
| | |temporary places of accommodation. |
| | | |
| |23.16 |Employees must: |
| | | |
| | |request that transport be provided; and |
| | | |
| | |be entitled to proceed to their homes or temporary places of accommodation;|
| | |and |
| | | |
| | |be paid travelling time in accordance with this clause, for such travel. |
| | | |
| | |For the purposes of this clause, reasonable means of transport shall not be|
| | |available having regard to 23.24 and if the waiting time during the course |
| | |of the journey home by available public transport after working overtime is|
| | |more than one and one-half hours in excess of the waiting time which would |
| | |be incurred during the course of the journey home by available public |
| | |transport at ordinary ceasing time. |
| | | |
|Overtime merging with ordinary hours |23.17 |Employees who work overtime which: |
| | | |
| | |merges; or |
| | | |
| | |is considered to merge |
| | | |
| | |with their ordinary working hours and travel between their: |
| | | |
| | |home and headquarters; or |
| | |home and temporary headquarters; or |
| | |temporary place of accommodation and temporary headquarters |
| | |Must be paid travelling time for the period: |
| | | |
| | |which exceeds the travelling time between their headquarters and home at |
| | |the normal time of travel; and |
| | | |
| | |when the excess is fifteen minutes or more. |
| | | |
| | |Employees must also be paid excess fares associated with such travel. |
| | | |
|Overtime – not merging with ordinary |23.18 |Employees who work overtime which: |
|hours | | |
| | |does not merge; or |
| | | |
| | |is not considered to merge |
| | | |
| | |with their ordinary working hours and between their: |
| | | |
| | |home and headquarters; or |
| | |home and temporary headquarters; or |
| | |temporary place of accommodation and temporary headquarters |
| | | |
| | |must be paid travelling time and fares. |
| | | |
| | |When the time worked is paid in accordance with the minimum payment |
| | |provision of Clause 11 – Overtime – Day Work and Clause 12 - Overtime – |
| | |Shift Work, the travelling time payments must be the amount by which: |
| | | |
| | |The sum of the actual time worked |
| | |at the appropriate rate |
| | | |
| | |Plus |
| | | |
| | |The entitlement to travelling time |
| | | |
| | |Minus |
| | | |
| | |The minimum payment provisions. |
| | | |
| |23.19 |The maximum amount of travelling time that can be claimed for each journey |
| | |in connection with overtime is: |
| | | |
| | |actual travelling time if there is no reasonable transport available |
| | | |
| | |2 hours if headquarters or temporary headquarters is at Eraring |
| | | |
| | |1.5 hours if headquarters or temporary headquarters are elsewhere. |
| | | |
| | |(In regard to (c) an employee can claim the actual travelling time if the |
| | |employee can establish to the satisfaction of the Controlling Officer that |
| | |they used public transport available in accordance with the clause 23.23 |
| | |and that this involves a longer travelling time.) |
| | | |
|Elected method of payment |23.20 |Employees may elect to have payment of their travelling time and fares |
| | |calculated on the following basis in respect of journeys undertaken to all |
| | |locations: |
| | | |
| | |travelling time – one hour for 32.19k |
| | | |
| | |fares - $0.44 per km. |
| | | |
|Election |23.21 |Employees must make the election in writing and the conditions apply from |
| | |the date of receipt of the election. |
| | | |
| | |The election may be changed only after: |
| | | |
| | |a change in the location of the employee’s permanent headquarters or home; |
| | |or |
| | | |
| | |a period of 12 months. |
| | | |
| | |Employees, who cancel their written elections, shall not be entitled to |
| | |make another election until the expiration of one year from the date of the|
| | |cancellation, unless there has been a change in the location of the |
| | |employee’s permanent headquarters or home. |
| | | |
|Method of payment using public transport |23.22 |Alternatively, where public transport service is considered to be |
| | |available, travelling time and fares (other than when transport provided by|
| | |Eraring Energy is used) will be calculated on the basis of travel by the |
| | |fastest practicable public transport route. Any necessary walking up to |
| | |1.61 km shall be paid for on the basis of 1.61 km in 20 minutes. Waiting |
| | |time during the course of a journey up to a period of one and one-half |
| | |hours, shall be regarded as travelling time. Waiting time at the |
| | |conclusion of a forward journey or prior to the commencement of a return |
| | |journey, will also be regarded as travelling time. For calculation of |
| | |waiting time where employees receive meal or accommodation allowance, refer|
| | |23.11. |
| | | |
|Public transport available |23.23 |Public transport is considered to be available where a service operates: |
| | | |
| | |within 1.6km of an employee’s home or temporary place of accommodation and |
| | |place of work; and |
| | | |
| | |within 1 hour: |
| | | |
| | |of the employee’s starting and finishing times at the place of work; or |
| | | |
| | |from the point to which Eraring Energy provides transport for the employee |
| | |after working overtime. Public transport is considered to have commenced |
| | |from the time of arrival at the point of departure of the service. |
| | | |
| | |It is also considered to be available if Eraring Energy provides transport |
| | |from the point at which employees are set down by public transport to their|
| | |homes or temporary accommodation after working overtime. Public transport |
| | |is considered to have ceased from the time transport provided by Eraring |
| | |Energy commences. |
|Public transport not available |23.24 |Where public transport is not considered to be available, travelling time |
| | |and fares shall be calculated on the basis of: |
| | | |
| | |44 cents per km for fares; and |
| | | |
| | |one hour for 32.19km travelling time. When walking up to a maximum of |
| | |1.61km, travelling time must be paid on the basis of 1.61km in 20 minutes. |
| | | |
|Transport provided by Pacific Power |23.25 |Where transport is provided by Eraring Energy travelling time must be based|
| | |on the actual time of travel and the actual period of waiting time. For |
| | |calculation of waiting time where employees receive meal or accommodation |
| | |allowance, refer 23.11. Fares are not payable in this case. |
| | | |
|Ordinary and penalty rates |23.26 |Travelling time must be paid at: |
| | | |
| | |single time on Monday to Saturdays; or |
| | | |
| | |time and one half on Sundays and public holidays |
| | | |
| | |except as approved in 23.12. |
| | | |
|Limitation |23.27 |Employees, living outside a radius of 40.23km from their permanent or |
| | |temporary headquarters will be considered to live at the point on the |
| | |circumference where transport by the nearest practicable route between |
| | |their homes or temporary places of accommodation and headquarters, crosses |
| | |the circumference. |
| | | |
| | |This provision does not apply to employees who are receiving meal or |
| | |overnight accommodation allowances as set out in 23.9. |
| | | |
|Higher Grade |23.28 |Travelling time in connection with work for which an employee is receiving |
| | |higher grade pay must be paid at the higher grade rate. |
| | | |
|Nearest 0.1 hour |23.29 |Payments for travelling time must be calculated to the nearest 0.1 hour on |
| | |a weekly basis. |
| | | |
|Flat rate salary |23.30 |The provisions of this Clause shall apply to employees in receipt of a flat|
| | |rate salary as if such employees were not in receipt of a flat rate salary.|
| | | |
|Fares limitation |23.31 |No fares are payable to employees for journeys where transport is provided |
| | |by Eraring Energy free of charge or where employees are in receipt of |
| | |official car mileage allowance. |
24. Working Away from Headquarters
|Overnight absence from home |24.1 |When Eraring Energy requires employees to be accommodated away from their |
| | |homes overnight, it must meet the cost of accommodation at an agreed |
| | |standard. Eraring Energy must also pay employees an allowance for each |
| | |meal taken, at a rate determined by Eraring Energy, plus an allowance of |
| | |$13.50 for each nights’ absence. |
| | | |
|Camping Allowance |24.2 |Where the location of a job makes it impracticable for reasonable board and|
| | |lodging to be provided by Eraring Energy or for employees to arrange their |
| | |own accommodation, Eraring Energy will provide adequate camping equipment |
| | |and pay each employee an allowance of $2.80 for each night they are |
| | |required to camp. |
| | | |
|Travel by train |24.3 |If employees have to travel by train to or from distant jobs, Eraring |
| | |Energy must provided them with: |
| | | |
| | |a first class rail ticket for travel in the daytime; and |
| | | |
| | |a sleeping berth if the travel has to be overnight. |
| | | |
|Returning home after extended periods |24.4 |Eraring Energy must allow employees who are away from headquarters for an |
|away | |extended period of time to return home: |
| | | |
| | |daily or at each weekend if the location of the temporary headquarters |
| | |makes it practicable; or |
| | | |
| | |every third weekend if daily or weekend return is impractical. Travel |
| | |between temporary headquarters and home other than the first and last |
| | |journeys must be in the employee’s own time; or |
| | | |
| | |more frequently if Eraring Energy considers it economical. |
| | | |
| |24.5 |Employees returning home from their temporary headquarters on approved |
| | |weekend travel must be provided with: |
| | | |
| | |first class return rail travel or the equivalent; and |
| | | |
| | |a meal allowance of $17.90 for each forward and return journey, |
| | | |
| | |only if they have worked the full ordinary hours at the temporary |
| | |headquarters on the day of travel. |
25. Grievance and Disputes Procedures
| |25.1 |This Award recognises that employees’ grievances should be resolved |
| | |speedily and effectively without recourse to industrial action. It is |
| | |intended that most issues will be resolved informally between employees and|
| | |supervisors. |
| | | |
| |25.2 |Employees’ work related grievances are to be dealt with as follows: |
| | | |
| | |Employees or Union delegates who have a grievance on any issue shall |
| | |firstly raise the matter with their immediate supervisor(s). |
| | | |
| | |The supervisor(s) shall provide the necessary response as soon as possible |
| | |but no later than 24 hours following the grievance being raised. |
| | | |
| | |If an answer cannot be given within 24 hours a progress report will be |
| | |given at that time. |
| | | |
| | |When the grievance has not been resolved to the satisfaction of any party, |
| | |the issue will be referred to an Industrial Officer, or where there is no |
| | |Industrial Officer available to another senior representative of |
| | |management. |
| | | |
| | |The Industrial Officer, or management representative, and union |
| | |representative will at the earliest possible time following referral, |
| | |convene a grievance meeting which will attempt to resolve the matter. |
| | | |
| | |The meeting should include: |
| | | |
| | |Supervisor Representative |
| | |Management Representative |
| | |Delegate involved in grievance |
| | |Union Official(s) or their representative |
| | | |
| | |The grievance will be discussed at the meeting with a view to achieving |
| | |agreement or resolution. |
| | | |
| | |Until the matter is resolved by the committee as detailed above, except |
| | |where a genuine safety issue is involved or the matter is contained in this|
| | |Award, the conditions that applied prior to the dispute will remain, |
| | |without interruption and without prejudice to final settlement. Matters |
| | |contained in this Award will prevail. |
| | | |
| | |If the matter is not settled then either: |
| | | |
| | |It shall then be referred to the Labor Council of New South Wales for their|
| | |attention so as to provide conferences of all parties with a view to |
| | |reaching a solution; or |
| | | |
| | |If agreement cannot be reached on the matter through foregoing procedure, |
| | |it may then be submitted to the Industrial Relations Commission of New |
| | |South Wales. |
26. Anti-Discrimination
| |26.1 |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 and age. |
| | | |
| |26.2 |If 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. |
| | | |
| |26.3 |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 or unlawful discrimination or harassment. |
| | | |
| |26.4 |Nothing in this clause is to be taken to affect: |
| | | |
| | |any conduct or act which is specifically exempted from anti-discrimination |
| | |legislation. |
| | | |
| | |Offering or providing junior rates of pay to persons under 21 years of age;|
| | | |
| | |Any act or practice of a body established to propagate religion which is |
| | |exempted under section 56(d) of the Anti-Discrimination Act 1977; |
| | | |
| | |A party to this award from pursuing matters of unlawful discrimination in |
| | |any State or federal jurisdiction. |
| | | |
| |26.5 |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 |
| | | |
| | |Employers and employees may also be subject to Commonwealth |
| | |anti-discrimination legislation. |
| | | |
| | |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 the |
| | |religion or is necessary to avoid injury to the religious susceptibilities |
| | |of the adherents of that religion.’ |
27. Telecommuting
|Definition |27.1 |Telecommuting (or teleworking) is one of a number of flexible working |
| | |arrangements that supports employees in the achievement of business |
| | |objectives. |
| | | |
| |27.2 |Telecommuting occurs when it is mutually convenient to an employee and |
| | |Eraring Energy for the employee to regularly work away from their |
| | |headquarters at another site such as in the home, in a non-Eraring Energy |
| | |office, in a mobile office such as a car, motel or at some other location. |
| | |Telecommuting replaces the journey to and from their headquarters with the |
| | |use of communications technology. |
| | | |
| |27.3 |Telecommuting is a voluntary work arrangement which is intended to be |
| | |beneficial for both employees and Eraring Energy in respect of enabling the|
| | |achievement of commercial objectives through work flexibility, productivity|
| | |improvements and work/life balance. |
| | | |
|Telecommuting |27.4 |A Telecommuting Agreement is a written statement of mutual understanding |
| | |between an employee and Eraring Energy which describes the terms and |
| | |conditions of employment for the employee and the responsibilities and |
| | |obligations of both parties. |
| | | |
| |27.5 |As a minimum, the Agreement will include provisions for equipment, security|
| | |of assets and information, hours of work, occupational health and safety |
| | |provisions, access/inspection of the work site, communication arrangements,|
| | |schedule of review of the telecommuting arrangements, performance criteria |
| | |and term of the Agreement. |
| | | |
| |27.6 |A proposal to enter into a Telecommuting Agreement may be initiated by |
| | |either Eraring Energy or an employee, and enable the parties, to negotiate |
| | |when work will occur, the nature of the work that will be undertaken and |
| | |where the work will occur. |
| | | |
| |27.7 |The Telecommuting Agreement will also have regard to the suitability of the|
| | |employee and the suitability of the work to be undertaken either within the|
| | |home or at a site other than their headquarters. |
| | | |
| |27.8 |Approval to enter into a Telecommuting Agreement will be at the discretion |
| | |of Eraring Energy. |
| | | |
|Supporting documentation |27.9 |This clause is to be read in conjunction with the “Telecommuting |
| | |Guidelines”. |
| | | |
| |27.10 |A Telecommuting Agreement will be in the form provided by relevant |
| | |guidelines which are agreed between the parties to this Award. |
| | | |
| |27.11 |The Guidelines will provide a common framework for all staff, but will |
| | |allow for Telecommuting Agreements that will meet the different needs of |
| | |the business and of individual employees, based on their work requirements |
| | |and individual situations. |
28. Miscellaneous
|Holding of meetings on Eraring Energy’s |28.1 |Permission to hold any meeting on any of Eraring Energy’s premises must be |
|premises | |requested by the union(s) concerned. |
| | | |
| | |Such a request must be made to the Manager of the location and: |
| | | |
| | |made by the Secretary, Executive Officer or accredited union representative|
| | |of the union(s); and |
| | | |
| | |in writing whenever practicable or verbally where there is not enough time;|
| | |and |
| | |within reasonable time before the proposed meeting. |
| | | |
| | |The request must include: |
| | | |
| | |the purpose of the meeting; and |
| | | |
| | |the time and place of the meeting; and |
| | | |
| | |the estimated duration of the meeting. |
| | | |
| | |Should a request for such a meeting be approved, the messroom may be used |
| | |within the time agreed upon by the manager and the person making the |
| | |request. |
| | | |
| | |Should a request for such a meeting not be approved, the meeting must not |
| | |be held on Eraring Energy’s premises. |
| | | |
| | |Unless approved by the Managing Director employees must not be paid for |
| | |time lost attending such meetings. |
29. Appendix A
VERSATILE WORKING HOURS – ERARING ENERGY’S STATEMENT OF INTENT
Eraring Energy confronts new challenges as it participates in the national competitive market and works towards business success. It is imperative for our future viability that all stakeholders in our future, work together for our success. We will need to work flexibly and intelligently to out-perform the competition. One means of achieving greater flexibility is to have in place a flexible work hours system. This will enable Eraring Energy to meet the varied and changing needs of customers, and enable employees to tailor their work hours to suit family and other personal needs.
|Eraring Energy’s objectives | |The objectives of Eraring Energy with respect to Versatile Working Hours |
| | |are contained in the points outlined below: |
| | | |
| |29.1 |The system will be implemented fairly and transparently using the process |
| | |for implementation. (see clause 29.9) |
| | | |
| |29.2 |Benefits will accrue to both employees and the business and no employees |
| | |will experience detriment relative to their current circumstances. |
| | | |
| |29.3 |Personal and organisational interests will be adapted to each other. |
| | | |
| |29.4 |With respect to versatile working hours and overtime, Clause 11 Overtime – |
| | |Day Work of the award will continue to apply. The hours worked outside the|
| | |spread of hours (7am to 6pm) will be paid as overtime in accordance with |
| | |Clause 11 of the award. Where work is to be performed within the span of |
| | |versatile working hours, but before or after ordinary commencing times it |
| | |will be either: |
| | | |
| | |paid as overtime; or |
| | |where the employee so elects, will accrue in accordance with Clause 3.7 – |
| | |Accrual of Hours. |
| | | |
| |29.5 |The Versatile Working Hours System replaces Staggered, Standard and |
| | |Flexitime systems. The nine day fortnight will still be provided for in |
| | |Clause 3 – Hours of Work. It should be noted however that these types of |
| | |patterns can still be worked under the Versatile Working Hours system. |
| | | |
| |29.6 |The versatile hours agreement will be recorded in writing. |
| | | |
| |29.7 |Versatile working hours may result in any combination of days being worked |
| | |Monday to Friday and will also allow for variation in daily hours. |
| | | |
| |29.8 |Versatile working hours will be mutually agreed between employee and |
| | |management on the basis of genuine agreement at the workplace level. It is|
| | |not intended that any party will be placed under duress at any time and |
| | |employee may elect to remain on their present working hours arrangement. |
| | | |
| |29.9 |Eraring Energy acknowledges that in implementing a new system issues may |
| | |arise that need to be addressed. The process for implementation has set |
| | |down a way in which these issues may be resolved. |
|Process for implementation |29.10 |Before implemented in each area, Eraring Energy is to conduct education |
|of Versatile Working Hours | |programs. |
|System | | |
| | | |
| |29.11 |Education programs to include the following: |
| | | |
| | |Information regarding the practical application of the system, putting each|
| | |team through a process to determine their versatile working pattern in a |
| | |participative manner. |
| | | |
| | |Evaluation of effectiveness of the program by Eraring Energy. |
| | | |
30. Appendix B
|AWARD RESTRUCTURING |(a) |The agreement of the parties includes exhibits tendered in former |
| | |proceedings, particularly by Exhibits 15, 17, 18, 19, 20 (at pages 551 to |
| | |567 and pages 879 to 899), 30, 31, 32, and B, C, D and E. The said pages |
| | |of Exhibit 20 and Exhibits 19, 30, 31 and 32 are the documents referred to |
| | |as “Current Position Papers” in Paragraph 1 of Exhibit 4. The expression |
| | |“the proceedings” in this clause means the proceedings conducted before the|
| | |Industrial Commission in Court Session in relation to Matters 989 to 993 of|
| | |1990 during the period 4 to 8 February 1991. |
| | | |
| |(b) |In accordance with Exhibit 17 referred to in subclauses (a) of this clause,|
| | |an agreement has been reached for the introduction of an Annualised Salary |
| | |and Shift Self-containment for Operators in operating thermal power |
| | |stations. This agreement is contained in Exhibits 2 and 3 of proceedings |
| | |in Matter Numbers 1230, 1371 and 1373 of 1991. |
| | | |
| | |The agreement on Annualised Salary, insofar as it contains provisions |
| | |otherwise inconsistent with the provisions of the award, shall take |
| | |precedence over such provisions to the extent of such inconsistency. |
Leave Reserved
| |31.1 |The parties reserve their rights to negotiate a further increase in salary |
| | |of up to 3%, based on productivity improvements to be made effective from |
| | |1st March 2001. |
I. W. CAMBRIDGE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(773) SERIAL C0221
Earthmoving Operators (Department of Land and Water Conservation) 2001 Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 5345 of 1999)
Before the Honourable Mr Deputy President Harrison 22 and 26 March 2001
REVIEWED AWARD
Table Of Contents
Clause No Subject Matter
1. Definitions
2. Parties
3. Title of Award
4. Intention
5. Incidence
6. Period of Operation
7. General Employment Conditions
7.1 Terms of Engagement
7.2 Classification
7.3 Camping
7.4 Leave
8. Hours
9. Wages and Allowances
9.1 Wage Basis
9.2 Wage Rates
9.3 Productivity Bonus
9.4 Payment of Wages
9.5 Overtime
9.6 Meal Allowance
9.7 First Aid Allowance
9.8 Supervision and Administration Allowance
9.9 Higher Duties Allowance
9.10 Camping Allowance
9.11 Fares
10. Leave Conditions
10.1 Leave Conditions
10.2 Local Holidays
10.3 Picnic Day
11. Meetings,Consultation, Counselling and Discipline
11.1 Meetings
11.2 Consultation
11.3 Settlement of Disputes
11.4 Counselling and Discipline
11.5 Job Representative
11.6 Ongoing Award Review
12. Safety
12.1 First Aid
12.2 Protective Equipment and Clothing
13. Anti-Discrimination
Schedule A
Appendix 1 — Progression Criteria
Appendix 2 — Training Requirements For Progression
Probationer to Grade 1
Grade 1 to Grade 2
Grade 2 to Grade 3
Appendix 3 — Area Consultative Committees
Appendix 4 — First-Aid Kits
Appendix 5 — Protective Equipment And Clothing
1. DEFINITIONS
1.1 "Additional Duties"
means duties undertaken during periods of down time when driving is not possible. These will include workshop duties, construction and maintenance of soil/water conservation works, tractor maintenance, fencing, tree planting and maintenance of the Department's facilities.
1.2 "Department"
means the Department of Land and Water Conservation.
1.3 “Earthmoving Operator"
means any employee engaged for the major purpose of operating a wheeled or tracked machine which is utilised for pushing, moving or furrowing soil.
1.4 “Employee"
means and includes all persons who are:
(1) appointed as Earthmoving Operators, Department of Land and Water Conservation and who at the date of operation of this Award occupied one of the positions covered by this Award or
(2) who were appointed to such position after the date of operation of this Award.
It does not include any person who resigned or whose services were terminated prior to the date of operation of this Award.
1.5 “Award Review Committee"
means a committee consisting of:
• The Deputy Director General, Regional and Commercial Services, or their nominee
• The Coordinator, Industrial Relations, Department of Land and Water Conservation or their nominee
• Representatives of the Australian Workers Union, NSW as nominated by the Union.
1.6 “Headquarters"
means the Area office or depot in the town of employment.
1.7 “ P.E.O."
means the Public Employment Office.
1.8 "Prescribed Training Course"
means the Earthmovers Training Course as developed by the Department.
1.9 "Productivity Bonus"
means an additional remuneration paid for all “Productive Hours” worked by an individual employee in excess of 280 in any one quarter.
1.10 "Reasonable Time Limits"
means sufficient time for all parties to familiarise themselves with the nature of the perceived problem taking into consideration the isolated situation in which these employees work.
1.11 "Travelling Time"
means the time an employee spends travelling to and from the headquarters to the workplace.
1.12 "Union"
means the Australian Workers Union, NSW.
1.13 "Workplace"
means the place of major activity on any given day.
2. PARTIES
This Award, is made pursuant to the provisions of Chapter 2 Part 1 Division 1 of the Industrial Relations Act 1996, between:
The Director General,Department of Land and Water Conservation and The Australian Workers' Union, NSW
3. TITLE OF AWARD
This Award shall be known as the Earthmoving Operators (Department of Land and Water Conservation) 2001 Award.
4. INTENTION
The purpose of this Award is to regulate the terms and conditions of employment of Earthmoving Operators (EMOs) employed by the Department of Land and Water Conservation.
This award prevails over the General Construction and Maintenance, Civil and Mechanical Engineering, etc. (State) Award to the extent that there is any inconsistency.
5. INCIDENCE
This award will apply to Earthmoving Operators as defined employed by the Department of Land and Water Conservation. This award rescinds and replaces Earthmoving Operators (Department of Land and Water Conservation) Award published 27 August 1999 (310 I.G. 646) as varied.
6. PERIOD OF OPERATION
This award shall take effect from the first pay period to commence on or after 22 March 2001 and shall remain in force until to 31 June 2003. By agreement between the parties, the Operating Wage Rates specified in Subclause 9.2.2 will be adjusted by administrative action to the first pay period to commence on or after 1 July 1999.
7. GENERAL EMPLOYMENT CONDITIONS
7.1 Terms of Engagement
Employees shall be employed as full-time, temporary or casual.
7.1.1 Full-time employees shall be employed by the week.
7.1.2 Temporary employees shall be employed in accordance with the provisions of subclause 7.1.1 except that the term of engagement shall be for a specified period. At the expiration of the specified period, the term may be extended at the sole discretion of the Department.
The term shall not be less than one month and not more than 12 consecutive months unless the employee is occupying a position of another employee on leave. Successive terms, where the period between terms is less than one month, shall be considered a single term.
7.1.3 Casual employees shall be employed by the day. They shall be paid a minimum of one day’s pay for each engagement.
7.2 Classification
Earthmoving Operators will be employed initially on probation and will progress to Grade 1 subject to approval being given by the Field Supervisor or Operations Manager. Such approval will be conditional on a planned program of training, assessment and certification, and that the relevant progression criteria in Appendix 1 have been met.
Progression to Grades 2 and/or 3 is subject to approval being given by the Senior Operations Manager or Area Manager. Such approval will be conditional on assessment and certification, and that the relevant progression criteria at Appendix 1 have been met. Such assessment will occur within 2 months of the employee requesting assessment for the higher grade.
Appendix 1 describes the classification structure and criteria for progression.
7.3 Camping
7.3.1 Where the circumstances so require, the Department may provide caravans containing as a minimum the following—
(a) adequate ventilation with heater and cooling equipment,
(b) artificial lighting,
(c) cooking utensils,
(d) cutlery and crockery,
(e) floor covering,
(f) food preparation bench,
(g) gauze on all windows and doors,
(h) mattresses and pillows,
(i) refrigerator,
(j) separate beds,
(k) shower recess with hot and cold running water,
(l) sink with hot and cold running water,
(m) single sleeping cubicles in caravans shall have a floor space of not less than 4.18 sq. m.,
(n) stove and oven,
(o) table and seats, and
(p) wardrobe and cupboard space.
7.3.2 An employee may provide his/her own sheets, blankets or sleeping bag. Otherwise the Department shall provide necessary sheets, blankets or sleeping bag.
7.4 Leave
Leave conditions are prescribed in clause 10.1 below.
8. HOURS
8.1 The ordinary working hours shall be thirty eight hours per week. They may be defined as either “Normal Hours” or “Productive Hours” and shall be worked in accordance with the following provisions:
8.2.1 "Normal Hours":
means all hours worked, whether the employee is operating earthmoving plant or engaged on other duties, for which the Department cannot charge a client.
8.2.2 "Productive Hours"
means all hours worked when—
• the employee is operating earthmoving plant for which the Department can charge a client, or
• when the employee is engaged on other duties for which the Department can charge a client a standby rate.
8.3 The ordinary working hours shall be eight hours worked within the span of hours between 7.00 am and 5.30 pm. 0.4 of one hour on each day will accrue as an entitlement to take a rostered day off.
8.4 An employee’s ordinary working hours will be worked on no more than 57 days in each 84 day cycle, Monday to Friday with three days in each period being regarded as rostered days off (RDOs). Each day of paid leave taken and any public holidays occurring through any cycle shall for the purpose of this paragraph, be regarded as a day worked.
8.5 An employee who has not worked 57 days in a complete 84 day cycle shall receive pro rata accrued entitlements for each day worked (or for each fraction of a day worked), payable for the rostered day off or, in the case of termination of employment, on termination.
8.6 An employee’s rostered days off (RDO) will be scheduled in advance of each cycle in which they occur, taking into account the interests of employees and ensuring the Department’s operational needs are met having regard to seasonal, climatic and workload factors.
8.7 With a minimum of twelve (12) hours notice to either party and without penalty to the Department, RDOs may be rescheduled subject to operational needs. Agreed substitute RDOs are to be provided by mutual arrangement and may only be deferred under circumstances of emergency.
8.8 Employees may accumulate (bank) up to 10 RDOs. Employees will be given an opportunity to take their accumulated RDOs at a time convenient to both the employee and the Department prior to the end of August in each calendar year.
8.9 Employees may take their accumulated RDOs by agreement with the appropriate Manager:
(a) consecutively to a maximum of ten (10) days; or
(b) by working nine-day fortnights; or
(c) by a combination of these two methods.
(d) Employees may agree with their manager to defer taking some of their accumulated RDOs, provided that RDOs are not forfeited and provided that no more than (10) RDOs are accumulated at any one time.
8.10 Once scheduled, the only circumstance in which a “banked” RDO will be required to be worked, will be fire or simular state of emergency.
8.11 All personnel will cooperate irrespective of classification to ensure that essential work requirements are met on any day on which another employee is absent on rostered day off.
8.12 A majority of the employees concerned and the Department may mutually agree upon a change in starting and ceasing times so that the spread of hours may be between 6.00 am and 6.00 pm.
8.13 Employees shall be entitled to a meal break each day of not less than thirty minutes duration and not more than one hour in duration provided that the said meal break shall be taken between 11.30 am and 1.30 pm.
A. Each individual employee shall be entitled to:
(a) a tea break during the morning period of not more than twenty minutes absence from duty at a time to be arranged by the Department, without deduction from their wages, or
(b) a tea break during the morning period and a tea break during the afternoon period of not more than ten minutes absence during each of the morning and afternoon periods, without deduction from their wages. The tea breaks are to be taken at a time to be arranged by the Department. The Department may direct the afternoon tea break be taken immediately prior to ceasing time.
B. Where an agreement is entered into pursuant to the provision of sub-section 11.2 Consultation, the following provisions may apply in lieu of subclause 8.3 and subclause 8.4 of this sub-section:
(a) any other method of implementation between the days of Monday to Friday inclusive which may be agreed to; or
(b) any other method of implementation where authorised by the Department, P.E.O. and the Branch Secretary of the Australian Workers Union, New South Wales.
9. WAGES AND ALLOWANCES
9.1 Wage Basis
The wages prescribed in Clause 9.2, and Schedule A, of this Award are based on the Crown Employees (Wages Staff Rates of Pay 1997) Award.
9.2 Wage Rates
9.2.1 Ordinary Wage Rates
The ordinary rates of pay for employees in the classifications specified are contained in Schedule A.
These are all inclusive, all purpose rates and include—
a) an allowance as per subclause (xiii) of Clause 3, Wages of the General Construction and
Maintenance, Civil and Mechanical Engineering (State) Award to compensate for the additional disabilities of being required to work when exposed to inclement weather or for working in isolated and underdeveloped locations and for any other conditions which might otherwise justify the awarding of a special rate,
(b) an allowance for the lack of amenities usually associated with factory work.
It is a requirement of this award that additional duties as defined under Clause 1 be performed as and when required.
9.2.2 Operating Wage Rates
An operating rate of pay will be paid for “Productive Hours” as defined in Clause 8.2.2. The operating rate will be the ordinary rate of pay specified in subclause 9.2.1 plus twelve and one half percent of the ordinary rate of pay. These rates are also contained in Schedule A.
This rate includes—
(a) an allowance to compensate for travel time from the headquarters to the workplace of up to 1 hour each way and no additional allowance is payable. Travel in excess of 1 hour each way will be done in the Department's time, for which no allowance is payable;
(b) an allowance as per Clause 5(v), Wages of the General Construction and Maintenance, Civil and Mechanical Engineering (State) Award to compensate for the additional disabilities of being required to work in distant places.
9.2.3 Casual Wage Rates
Casual employees engaged under the terms of subclause 7.1.3 will be paid the rates specified in this clause plus an additional 15% of this amount. They will be paid a further 1/12 of the of the ordinary hours worked multiplied by the ordinary wage rate in lieu of sick, recreation and other forms of leave.
9.2.4 Wage Rate Adjustments
The ordinary wage rate specified in subclause 9.2.1 will be adjusted in line with general increases made to employees employed under the Crown Employees (Wages Staff Rates of Pay 1997) Award.
9.3 Productivity Bonus
A productivity bonus equal to thirty five percent of the hourly operating rate specified in subclause 9.2.2 (operating wage rate) will be paid for all productive hours, as defined in Clause 8.2.2, exceeding 280 hours worked by an employee in that quarter.
9.4 Payment of Wages
9.4.1 Wages shall be paid into a bank or other account nominated by the employee provided that where employees work in isolated areas or experience hardship or other exceptional circumstances then payment shall be made to the employee by cheque.
9.4.2 The pay period shall be Friday to Thursday of each fortnight.
9.4.3 Payment of wages to full time and temporary employees at ordinary wage rates for ordinary working hours will be made on the last day of the pay period. Any adjustment for productive hours, allowances and bonuses shall be paid on the last day of the pay period for the period commencing on the Friday 20 days before the end of the pay period and finishing on the Thursday seven days before the end of the pay period.
9.4.4 Payment of wages and allowances to casual employees will be made on the last day of the pay period for the period commencing on the Friday 20 days before the end of the pay period and finishing on the Thursday seven days before the end of the pay period.
9.5 Overtime
9.5.1 Except as hereinafter provided, overtime will be paid at the following rates:
(a) the ordinary wage rate plus twenty five percent for all normal hours worked in excess of the daily number of rostered hours on any one day or all normal hours worked outside the limits of subclauses 8.3 and 8.15, or
(b) the operating rate plus twenty five percent for all operating hours worked in excess of the daily number of rostered hours on any one day or all operating hours worked outside the limits of subclauses 8.3 and 8.15.
9.5.2 All hours worked on Saturdays, Sundays, Public Holidays and the Picnic day provided for in Clause 10.3 outside the limits of subclauses 8.3 and 8.15, shall be paid at the following rates:
(a) the ordinary rate plus twenty five percent for all standard hours worked, or
(b) the operating rate plus twenty five percent for all productive hours worked.
9.5.3 An employee recalled to work outside ordinary working hours or outside the limits of subclause 8.3 or 8.15 shall receive a minimum payment of 4 hours of each separate recall at the rates specified in subclause 9.5.2. On each recall the employee may be required to work 4 hours.
9.5.4 An employee who works so much overtime between the termination of their work on one day and the commencement of work in the next day, that there has not been at least ten consecutive hours off duty between these times, shall, subject to this clause, be released after completion of such duty without loss of pay for ordinary working time until they have had ten consecutive hours off duty.
Provided that, if on the instructions of the Department, such an employee resumes or continues to work, without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
9.5.5 An employee who is required to work over time for two hours or more in excess of:
(a) the daily number of rostered hours on any one day, or
(b) outside the limits of subclauses 8.3 and 8.15,
shall be allowed, at the expiration of the said two hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.
9.5.6 Where overtime is worked on a Saturday, Sunday, Public Holiday or the Picnic day provided for in Clause 10.3 after four hours the employee shall be allowed 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.
9.6 Meal Allowance
9.6.1 An employee entitled to a meal or crib in accordance with subclause 9.5.5 or 9.5.6 shall be provided with a meal or shall be paid $7.70 for such a meal and after the completion of each four hours of continuous overtime shall be paid $6.40 for each subsequent meal in addition to their overtime payment, provided that overtime work continues after each such break.
9.6.2 Allowances under this clause shall be adjusted in line with Clause 17 of the General Construction and Maintenance, Civil and Mechanical Engineering, etc. (State) Award.
9.7 First Aid Allowance
9.7.1 An employee appointed by the Department to perform first aid duty shall be paid $1.74 per day in addition to their normal rate of pay.
9.7.2 Allowance under this clause shall be adjusted in line with Clause 27 of the General Construction and Maintenance, Civil and Mechanical Engineering, etc. (State) Award.
9.8 Supervision and Administration Allowance
9.8.1 When an Earthmoving Operator Grade 2 or 3 is required to work without supervision for periods exceeding two weeks and undertake basic supervisory and administrative functions required for the operation of earthmoving plant for that period the daily Supervision and Administration Allowance specified in subclause 9.8.2 will be paid for the whole period.
9.8.2 The daily Supervision and Administration Allowance will be equal to forty five percent of the ordinary hourly rate of pay for an Earthmoving Operator, Grade 2.
9.9 Higher Duties Allowance
When Earthmoving Operators are required to perform the duties and assume the responsibilities of a higher renumerated position they shall be paid the appropriate higher duties allowance in accordance with the provisions of Clause 34 of the Public Sector Management (General) Regulation 1996.
9.10 Camping Allowance
9.10.1 The Department may elect to provide camping facilities in accordance with subclause 7.3.1 for which a camping allowance is paid. The camping allowance is as prescribed by Clauses 46(2) of the Public Sector Management (General) Regulation.
9.10.2 Where the employee is required to camp and sheets, blankets or sleeping bag are not provided by the Department in accordance with subclause 7.3.2 the bedding/sleeping bag allowance prescribed in Clause 52 of the Public Sector Management (General) Regulation 1996 shall be paid.
9.10.3 Where the employee is required to camp and camping facilities are not provided by the Department the employee will be paid the actual cost of living expenses plus a daily margin as per Clause 452(2) of the Public Sector Management (General) Regulation.
9.11 Fares
Any person selected for work and sent by the Department from the city to the country, or from one country centre to another, or from a country centre to the city, shall at the Department’s discretion:
(a) have a motor vehicle provided by the Department,
(b) have the necessary fares provided by the Department, or
(c) be reimbursed for the use of their own motor vehicle as per Clause 50 of the Public Sector Management (General) Regulation.
10. LEAVE CONDITIONS
10.1 Leave Conditions
Except as provided for herein employees will be entitled to the leave provisions in the "Uniform Leave Conditions for Ministerial Employees in Government Departments and Equivalent Employees in Corporate Bodies" as determined by the Premier.
10.2 Local Holidays
Where a local show or other day is proclaimed partially or fully a local holiday such time shall be observed as a public holiday for employees covered by this Agreement. In the event that an employee cannot be spared without inconvenience to the Department, an alternative day with pay shall be given within twenty working days of the proclaimed local holiday. Provided that no employee shall be entitled to payment at overtime rates for work on such proclaimed local holiday and provided further that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.
10.3 Picnic Day
10.3.1 The Picnic Day shall be held during the Christmas - New Year period.
10.3.2 All employees shall, as far as practicable, be given and shall take this day as picnic day and shall be paid therefore as for eight hours work at the rates of pay prescribed in this Agreement. Provided that an employee who is required to work on a picnic day and who fails to comply with such requirement shall not be entitled to payment for the day.
11. MEETINGS, CONSULTATION, COUNSELLING AND DISCIPLINE
11.1 Meetings
11.1.1 Employees within each Area will be allowed sufficient time, without deduction from their wages, to attend a one half day meeting each year to discuss working conditions, OH&S, productivity and industrial matters.
11.1.2 One representative from each Area will be allowed sufficient time, without deduction from their wages, to attend a one day meeting to discuss working conditions, OH&S, productivity and industrial matters.
11.2 Consultation
11.2.1 Parties to this Award are committed to cooperating positively to increase the efficiency, productivity and competitiveness of the Department and to enhance the career opportunities and job security of employees.
1. At each Area (as defined in Appendix 3) of the State of New South Wales, the Department, the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that Area. An Area consultative committee will comprise of:
• The Area Manager
• One Operations Manager
• One Field Supervisor if available, and
• Two Earthmoving Operators agreed upon by the employees, one of whom will be a member of the Australian Workers' Union,
11.2.3 Issues raised by the Department, employees or union concerning application and interpretation of this award shall be processed through the consultative mechanism and procedures. Prior to implementation of any agreed measures they will be referred to the Department's executive and the Branch Secretary, Australian Workers Union. Matters concerning efficiency, productivity and staff development are items which may be discussed through the consultative procedures and where appropriate, recommendations made to the Department.
11.2.4 Any disputes arising in relation to the implementation of subclauses 11.2.2 and 11.2.3 herein shall be subject to the provisions of the Dispute Resolution Procedure (Clause: 11.3).
11.3 Settlement of Disputes
In accordance with the provisions of Section 14 of the Industrial Relations Act, 1996, Chapter 2 Part 1, the undermentioned procedures shall be applied in the settlement of disputes:
11.3.1 Reasonable time limits as defined in Clause 1.10 must be allowed for discussion at each level of authority.
11.3.2 The employee, employees or their representative is required to notify the Department (the supervisor in the first instance) (in writing or otherwise) as to the substance of the grievance/dispute, requesting a meeting with the Department (Supervisor) for initial discussions and stating the remedy sought.
11.3.3 Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and supervising staff, it shall be referred to the Department's Industrial Relations Coordinator or other officer nominated by the Department who may arrange for the matter to be discussed with the Union.
11.3.4 Failing settlement of the issue at this level, the matter should be referred to senior management. If the matter remains unresolved, and, if appropriate, the assistance of an officer of the Public Employment Office may be requested by the Department.
11.3.5 If the matter remains unsolved it should be referred to the Industrial Relations Commission under Section 188 or 189 of the Industrial Relations Act 1991.
11.3.6 Whilst these procedures are continuing no stoppage of work or any form of limitation of work shall be applied.
11.4 Counselling and Discipline
11.4.1 This clause shall not apply where the actions and/or behaviour of an employee are such as to constitute grounds for summary dismissal.
11.4.2 Where the performance of an employee is unsatisfactory the employees shall be counselled informally.
Unsatisfactory performance by an employee will be dealt with by the Department as soon as:
(a) set objectives and targets are not achieved
(b) sets task are not preformed
(c) skills required are not demonstrated
The supervisor should clarify expectations, confirm standards and seek improvement within a reasonable time-frame.
Where the initial counselling (which may involve one or more sessions) has failed to improve the performance of the employee, formal proceeding under subclause 11.4.3 shall be instigated.
11.4.3 Unless otherwise agreed to at the Area level (such agreement to be documented and displayed at the headquarters) the following formal counselling procedure shall apply:
(a) The employee shall be verbally counselled (the employee may request the presence of an observer who may be an employee representative as in 11.2.2). The Department shall clearly identify the unsatisfactory performance and advise on corrective measures. This shall be documented and recorded on the employee's file. A copy shall be supplied to the employee.
(b) Where the initial counselling has failed to correct the unsatisfactory performance a further review will occur and will incorporate a final written warning to the employee identifying the unsatisfactory performance the corrective measures required, review date and advising the subsequent steps, that is, disciplinary leave provided for in subclause 11.4.4
(c) If no change occurs by the review date, the employee shall show cause why the Department should not direct the employee to take disciplinary leave. After review of all the facts the Department may direct the employee on disciplinary leave. This shall not affect the rights of the Department prescribed in subclause 11.4.1 hereof.
11.4.4 In accordance with subclause 11.4.3 above the Department and employee representative may agree to direct the employee concerned on disciplinary leave, such leave shall be without pay and shall be for a period of not less than five working days and not more than ten working days.
11.4.5 Where the measures referred to in subclauses 11.4.3 and 11.4.4 hereof have failed to correct the unsatisfactory performance the Department may consider termination of employment and the employee shall show cause why this should not occur. After review of all facts the Department may direct the employee on a further period of disciplinary leave or give notice of termination.
11.4.6 The provisions of subclauses 11.4.3, 11.4.4 and 11.4.5 shall not be applied where a period of eighteen (18) months has elapsed since the initial counselling referred to in subclause 11.4.2 hereof.
11.5 Job Representative
A job representative appointed by the employees shall be allowed the necessary time, during working hours, to consult with the Operations Manager, Senior Operations Manager or Area Manager as appropriate on matters affecting the employees whom that person represents.
11.6 Ongoing Award Review
11.6.1 An Award Review Committee will monitor the viability of this award and ensure adherence to the terms contained herein.
11.6.2 Leave is reserved to further discuss:
(a) The payment of the Operating Wage Rate (Clause 9.2.2) to operators while driving earthmoving plant between hires;
(b) The definition of duties for which the Supervision and Administration Allowance (Clause 9.8) is paid;
(c) Consequential variations to the Operating Wage Rate (Clause 9.2.2) and the Productivity Bonus (Clause 9.3) to implement changes agreed as a result of subclauses 11.6.2 (a) and (b).
11.6.3 The appropriateness of this award, and the clauses contained within, to the Department and the Union will be reviewed by the Committee between nine and twelve months from the date of this award and annually thereafter.
11.6.4 This award will continue to operate after its nominal expiry date unless the Department or the Union provides one month’s notice that it is to expire.
11.6.5 The Award Review Committee will be responsible for initiating and formulating any amendments to be developed and approved to this award, or a replacement award.
11.6.6 An award developed by the Committee under subclause 11.6.5 will replace this award on:
(a) the expiry of this award,
(b) the date of commencement of such award, or
(c) another date,
as agreed between the P.E.O., the Department and Union.
SAFETY
12.1 First Aid
12.1.1 The Department shall provide at the place of work and continuously maintain efficient first-aid equipment and appliances being a First Aid Kit `B' as specified in the OH&S First Aid Regulations 1989. The contents of the kit are listed in Appendix 4(a).
12.1.2 Additional items listed in Appendix 4(b) will be included in the First Aid Kit.
12.1.3 The Department shall as soon as is reasonably possible supply a means, free of charge, to convey to the nearest hospital or doctor at which, or by whom, the employee is to be treated, any employee so seriously injured that it is not reasonably possible for such employee to travel independently of such conveyance.
12.2 Protective Equipment and Clothing
12.2.1 The Department shall supply and the employee will wear, where appropriate, protective equipment and clothing as required by the Occupational Health &Safety Act 1983. A schedule of protective clothing is attached as Appendix 5.
12.2.2 Protective equipment and clothing remains the property of the Department and, on resignation, retirement or dismissal will be returned to the Department if requested.
12.2.3 An employee whose protective equipment and clothing is worn, spoiled or damaged due to the circumstances of their employment shall have the clothing repaired or replaced by the Department as appropriate.
12. ANTI-DISCRIMINATION
13.1 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 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
13.2. It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by clause 11.3 of 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.
13.3 Under the Anti-Discrimination Act 1977 (NSW) 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.
13.4 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 (NSW)
(d) A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.
13.5 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.
SCHEDULE A
Ordinary Wage Rates
Earthmoving Operator Per Week
Probationer $ 441.50
Grade 1 $ 460.10
Grade 2 $ 535.00
Grade 3 $ 550.60
Operating Wage Rates
Earthmoving Operator Per Week
Probationer $ 496.70
Grade 1 $ 517.60
Grade 2 $ 601.90
Grade 3 $ 619.40
APPENDIX 1— Progression Criteria
Probationer to Grade I
• 40 hours of satisfactory operation under the direct supervision of Field Supervisor or Operations Manager.
• demonstrated aptitude for the position.
• ability to perform basic earthmoving operations.
Prior to appointment as an Operator Grade I the probationer shall have a report on their operating competency and machinery maintenance ability completed by a field Supervisor or Operations Manager.
Grade I to Grade II
• 12 months continuous service.
• satisfactory employment record - conduct, punctuality.
• ability to perform the majority of relevant earthmoving operations at a competent level.
• ability to maintain and service equipment in a satisfactory manner.
• ability to work without supervision for short periods.
Grade II to Grade III
• 24 months continuous service.
• ability to perform all the relevant earthmoving operations in a competent and efficient manner.
• ability to undertake basic levelling procedures, calculate slopes, batter grades and volumes.
• ability to accurately maintain records as required for the efficient operation of the plant.
• ability to maintain and service equipment in a satisfactory manner.
• successfully completed earthmoving training courses as prescribed by the Department.
• ability to accept responsibility and work without supervision for long periods.
Operators shall hold an appropriate current NSW Motor Vehicle Drivers Licence.
Operators' employed at the 18 November 1993 who have satisfied all the criteria for progression to Grade III other than completing the prescribed training courses may qualify for grade III by demonstrating that they have attained the skills as described in the prescribed training courses.
Any dispute regarding the application of this progression criteria shall be subject to the Dispute Resolution Procedure set out in Clause 11.3.
APPENDIX 2 - Training Requirements for Progression
Probationer to Grade 1
Module
NAE006 Bulldozer Operations
Competency Assessment
RUC181OPA Carry out land management field duties
RUC283MEA Clean machinery of plant and soil material
MNQ.OP/24A Conduct dozer operations
Grade 1 to Grade 2
Module
NAE005 Machinery Appreciation
NAE012 Conservation Earthworks 1
NAE013 Conservation Earthworks 2
Complete all modules that relate to team activities from the following group.
NAE014 Machinery Operations Farm Dam Construction
NAE015 Machinery Operation Bank Construction
NAE016 Machinery Operation Waterway Construction
NAE017 Machinery Operation Gully Fill and Shaping
NAE018 Machinery Operation Land Clearing and Access Tracks
Competency Assessment
RUC380CMA Perform Specialised Machinery Maintenance
RUC299CMA Conduct erosion and sediment control activities on development sites
RUC379CMA Construct conservation earthworks *
* (only relates to works typically constructed by team)
Grade 2 to Grade 3
Module
NAE019 Levels and Levelling
NAE020 Earthmoving Principles
NAE022 Soils
NAE024 Pipes in Earthworks
NAE026 Construction Strategies for Farm Dams
NAE027 Construction Strategies for Difficult Sites
NAE029 Construction Strategies for Banks
NAE031 Construction Strategies for Waterways
NAE032 Gully Fill and Shaping, Planning and Implementation.
Complete ‘On the Job’ modules that relate to team activities.
NAE035 Farm Dam Construction
NAE036 Bank Construction
NAE037 Waterway Construction
NAE038 Gully Fill and Shaping
NAE039 Land Clearing
NAE040 Access Tracks
Competency Assessment
RUC376CMA Construct access tracks *
RUC475CMA Supervise on-site implementation of conservation earthworks*
* (only relates to works typically constructed by team)
APPENDIX 3 - Area consultative committees
The following Area consultative committees shall be established—
(a) Northern Area
(b) Central Area
(c) Southern Area
[pic]
APPENDIX 4 - First-Aid Kits
(a) First Aid Kit `B' as specified in the OH&S First Aid Regulations 1989. (For factories and construction sites at which less than 25 persons work and for other places of work at which less than 100 and more than 10 persons work.) to be supplied.
| | |
|DESCRIPTION OF APPLIANCE OR REQUISITE |CONTENTS |
|Adhesive plastic dressing strips, sterile, packets of 50 |1 |
|Adhesive dressing tape, 2.5cm x 5cm |1 |
|Bags, plastic, for amputated parts : small |1 |
| : medium |1 |
| : large |1 |
|Dressing, non-adherent, sterile 7.5cm x 7.5cm |2 |
|Eye pads, sterile |2 |
|Gauze bandages : 5cm |1 |
| : 10cm |1 |
|Gloves, disposable, single |4 |
|Rescue blanket, silver space |1 |
|Safety pins, packets |1 |
|Scissors, blunt/short nosed, minimum length 12.5cm |1 |
|Splinter forceps, stainless steel |1 |
|Sterile eyewash solution, 10ml single use ampoules or sachets |6 |
|Swabs, prepacked, antiseptic, packs of 10 |1 |
|Triangular bandages, minimum 90 cm |4 |
|Wound dressings, sterile, non-medicated, large |3 |
|First-aid pamphlet (as issued by the St. John Ambulance | |
|or the Australian Red Cross Society, or any other first-aid | |
|pamphlet approved by the Coordinator) |1 |
(b) Additional items for first aid kit:
|Antiseptic solution |Gauze swabs |
|Aspirin or similar |Heavy crepe |
|Disposable splinter probes |Medicine glass |
|Disposable towels |Small bowl |
|Drinking utensil |Universal dressing |
|Eye bath |Water based burn cream |
|Face mask | |
APPENDIX 5 - Protective Equipment and Clothing
|Ear protection | |
|Face masks | |
|Gloves |1 pair |
|Jacket |1 |
|Overalls |1 pair |
|Raincoats |1 |
|Rubber Boots |1 pair |
|Safety boots |1 pair |
|Shirts, long sleeve |4 |
|Sloppy Joe |2 |
|Stiff Wide Brim Hat |1 |
|Tinted Protective eye wear | |
|Trousers |3 |
|One pair of shorts may be substituted for each pair of trousers. |
|An additional pair of overalls may be substituted for a pair of trousers/shirt combination. |
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
(050) SERIAL C0220
BREEDING AND RAISING PIGS, &c., EMPLOYEES
(STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 2588 of 1999)
Before Commissioner McKenna 21 December 2000
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Classification Structure and Definitions
3. Rates of Pay — Adults and Juniors
4. Hours of Work
5. Superannuation
6. Payment of Wages
7. Terms of Employment — Weekly Employees
8. Part-time and Casual Employees
9. Meal Breaks
10. Overtime
10A. Time Off in Respect of Overtime Worked
11. Anti-Discrimination and Harassment
12. Sundays and Holidays
13. Annual Leave
14. Annual Leave Loading
15. Sick Leave
16. Bereavement Leave
17. Protective Clothing
18. Meal Allowances
19. First-aid Allowance
20. Personal/Carer's Leave
21. Dispute Procedure
22. Labour Flexibility
23. Consultative Mechanism
24. Right of Entry
25. Rest Intervals
26. Redundancy
27. Training Wage
28. Area, Incidence and Duration
Appendix A
PART B
MONETARY RATES
Table 1 — Rates of Pay
Table 2 — Other Rates and Allowances
2. Classification Structure and Definitions
(a) Statement of Duties —A piggery attendant at all classification levels may be required to undertake any duty or combination of duties listed hereunder, as may be required at each enterprise, to the full limit of the employee's ability, training and/or licensing:
Section A —
(1) apply and adhere to quarantine control procedures;
(2) clean and maintain protective footwear and clothing;
(3) clean and maintain administration and amenities buildings and associated fittings and equipment;
(4) maintain an adequate environment for the wellbeing of stock;
(5) clean accommodation pans, fittings and equipment;
(6) provide feed and water for stock;
(7) tend to routine husbandry of all stock;
(8) apply animal identification systems;
(9) move, draft and weigh stock;
(10) remove and dispose of effluent;
(11) dispose of deceased stock;
(12) mix and mill feed;
(13) care for sick or injured stock;
(14) maintain herd health status at an acceptable level;
(15) operate farm-related vehicles, plant, machinery and equipment (if appropriately licensed);
(16) detect oestrous and mate breeding stock;
(17) diagnose pregnancy in breeding stock;
(18) assist sows and piglets at farrowing;
(19) remove faulty or damaged equipment and fittings;
(20) install new or replacement equipment and fittings;
(21) maintain a recording system and interpret data;
(22) transport stock, feed and equipment (if appropriately licensed);
(23) maintain sheds, fixtures and fittings, fences and surrounds;
(24) maintain machinery and equipment;
(25) perform other duties as required.
Section B - Piggery attendants at all levels above and including PA3 may additionally be required to:
(26) select replacement breeding stock;
(27) make decisions on drug usage;
(28) destroy sick or injured stock in a humane manner;
(29) conduct post mortem examination of deceased stock;
(30) order stores and equipment;
(31) perform other duties as required.
(b) Classification —
(i) Piggery Attendant Grade 1 (PA1) is an employee undertaking up to 38 hours' induction training, which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, farm layout, production program, work and record keeping procedures and occupational health and safety. An employee at this level is generally a new recruit to the industry who performs simple or routine tasks essentially of a manual nature and, to the level of his/her training:
(1) exercises minimal skills, knowledge and decision making;
(2) works under direct supervision, and is given regular direction or guidance and results are constantly monitored;
(3) is undertaking structured training so as to enable him/her to work at PA2 level;
(4) after adequate instruction the employee may be required to undertake any task(s) listed in subclause (a) of this clause.
(ii) Piggery Attendant Grade 2 (PA2) is an employee appointed by the employer to this grade who has completed up to three months structured training so as to enable the employee to work within the scope of this level. An employee at this level may have limited experience in the pig industry, and generally performs simple straightforward tasks, using well established techniques and practices in pig husbandry:
(1) exercises skills requiring some knowledge of established techniques and minimal routine decision making;
(2) works under frequent direct supervision and is given regular guidance;
(3) work is regularly inspected and the final result is usually checked;
(4) the employee may be required to undertake any task(s) listed in subclause (a) of this clause.
(iii) Piggery Attendant Grade 3 (PA3) is an employee appointed by the employer to this grade, who performs a range of different but straightforward tasks using well established techniques and practices under routine supervision:
(1) exercises skills requiring knowledge or a relevant experience in piggery procedures and is required to make decisions within the employee's knowledge and competence on day-to-day management of pigs;
(2) works under general supervision, is responsible for the quality of their own work and receives limited guidance relating to more unusual features or new tasks;
(3) the employee may work individually or as part of a team, or may supervise the duties of equal or lesser graded employees;
(4) routine performance checks are usually observed;
(5) the employee may be required to undertake any task(s) listed in subclause (a) of this clause.
(iv) Piggery Attendant Grade 4 (PA4) is an employee appointed by the employer to this grade, who has completed a minimum of: one year of adult relevant experience; or an accredited stockperson training course certificate; or equivalent formal training recognised by the employer, plus six months relevant adult experience.
The employee performs a range of straightforward tasks using well established techniques and practices under limited supervision and is responsible for maintaining the quality and quantity of their work:
(1) Exercises skills requiring sound knowledge of and experience in piggery procedures and requires instruction only on management decisions that vary from established practices and principles.
(2) The employee exercises some individual judgement and initiative within established principles and practices.
(3) The employee may work individually or as part of a team or may supervise the duties of equal or lesser graded employees.
(4) Assists in the provision of on-the-job training to a limited degree.
(5) An employee may be required to undertake any task(s) listed in subclause (a) of this clause.
(v) Piggery Attendant Grade 5 (PA5) is an employee appointed by the employer to this grade who has completed a minimum of: two years' relevant adult experience; or an accredited apprenticeship or equivalent formal training, plus one year of relevant adult experience.
The employee performs a range of tasks using well established techniques and practices under minimal supervision and is responsible for maintaining the quality of work undertaken individually or as part of a team:
(1) Exercises skills requiring sound knowledge of and experience in piggery procedures and displays considerable individual judgement and initiative within established principles and practices.
(2) The employee may work individually or as part of a team or may supervise and co-ordinate the duties of equal or lesser graded employees.
(3) The employee understands and applies quality control techniques.
(4) The employee may be required to undertake any task listed in subclause (a) of this clause.
(vi) Senior Piggery Attendant Grade 1 (SPA1) is an employee appointed by the employer who has completed a minimum of: three years' relevant adult experience; or an accredited traineeship or equivalent formal training, plus two years relevant adult experience.
The employee performs a range of tasks that may vary from established techniques and practices under minimal supervision and guidance and must be competent in all facets of duties required and may be required to work alone, lead work units and/or co-ordinate, supervise and/or train new employees:
(1) The level may require extensive individual judgement and initiative within established management guidelines.
(2) The employee understands and applies quality control and assurance techniques.
(3) The employee may supervise and/or train employees at all levels up to and including PA5.
(4) An employee may be required to undertake any tasks listed in subclause (a) of this clause.
(vii) Senior Piggery Attendant Grade 2 (SPA2) is an employee appointed by the employer who has completed a minimum of three years' adult experience in the pig breeding industry and has completed the New South Wales Technical and Further Education Rural Trades Course or other Trades Certificate and/or course(s) accredited and recognised by the Pig Industry Training Council.
The employee performs a range of tasks relating to the purchase, installation and programmed maintenance of plant, fittings and fixtures and mechanical, hydraulic or electrical equipment and machinery:
(1) exercises discretion within the scope of this grade and the employee's qualifications/training;
(2) provides trade guidance and assistance to grades PA1-5 and SPA1 as part of a work team;
(3) works with minimal direction or supervision and is responsible for the quality of his/her own work;
(4) exercises trade skills relevant to the requirements of the exercise;
(5) co-ordinates and supervises non-trades employees within a work team;
(6) an employee may be required to undertake any tasks listed in subclause (a) of this clause.
3. Rates of Pay — Adults and Juniors
(i) The rates of pay in this award include the adjustments payable under the State Wage Case of 2000. This adjustment may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(ii) A leading hand shall be paid at least the amount set out in Item 1 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates.
(iii) The minimum weekly rates to be paid to junior employees shall be the percentage of the appropriate adult general hand weekly wage rate, as set out in Table 1 — Rates of Pay. The total wage shall be calculated to the nearest ten cents, any broken part of ten cents in the result not exceeding four cents to be disregarded.
4. Hours of Work
(i) (a) Subject to the provisions of paragraph (b) of this subclause, the ordinary hours of work shall not, without the payment of overtime, exceed:
39.5 hours per week (from 1 September 2000);
39 hours per week (from 1 March 2001);
38.5 hours per week (from 1 September 2000);
38 hours per week (1 March 2002);
and shall be worked continuously, except for meal breaks, for eight hours per day, five days per week, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.
(b) Where genuine agreement exists between the employer and the employee, the following may apply:
The ordinary hours of work shall not, without the payment of overtime, exceed:
39.5 hours per week (from 1 September 2000);
39 hours per week (from 1 March 2001);
38.5 hours per week (from 1 September 2000);
38 hours per week (1 March 2002);
and shall be worked continuously, except for meal breaks, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.
(ii) The starting and finishing times once fixed for individual employees shall not be altered by the employer except upon him/her giving seven days' notice of intention to do so to the relevant employees. The employer shall post and keep posted on the premises, in a place conveniently accessible, a roster of ordinary hours of work of employees.
(iii) Notwithstanding the provisions of subclause (ii) of this clause, the commencing and ceasing times of ordinary hours of employees may be varied at any time by agreement between the employer and individual employees. In the absence of agreement, the provisions of the said subclause (ii) shall apply.
5. Superannuation
(i) The subject of 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 legislation, the employer shall make superannuation contributions to:
(1) Australian Public Superannuation Fund; or
(2) ASSET (Australian Superannuation Savings Employment Trust); or
(3) APISF (Australian Primary Industry Superannuation Fund); or
(4) Such other funds that comply with the requirements of the legislation;
and shall participate in accordance with the Trust Deed of that fund.
(iii) The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant legislation are set at 8% on and from 30 June 2000, and will increase to 9% on and from 1st July 2002.
(iv) The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.
(v) An employee may make contributions to the fund in addition to those made by the employer.
(vi) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.
(vii) An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.
(viii) All contributions shall be made at the completion of each calendar month.
(ix) Ordinary time earnings shall be defined as including:
(i) Award classification rate.
(ii) Overaward payment.
(iii) Shift loading — including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime.
(x) Casual loading in respect to casual employees including 1/12 Annual Holiday Loading.
Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.
6. Payment of Wages
(i) All wages and overtime shall be paid, in the employer's time, not later than Friday in each week. Wages shall be paid by either cash, cheque or electronic funds transfer.
(ii) Where wages are paid by cheque or bank transfer, the following conditions shall apply:
(a) Payment by cheque or bank transfer will not involve any of the employees in any banking costs.
(b) Time will be granted to the employees to cash their weekly wage cheque during normal banking hours in their normal pay day without loss of pay.
(c) The employees shall, if necessary, be allowed to leave the employer's premises to cash the said cheque.
(d) Should any employee request to have the weekly wages paid into the employee's bank account, credit union or building society, the employer shall comply with such request.
(iii) When an employee's services are terminated by the employer for reasons other than misconduct, they shall be paid all wages due immediately or, failing immediate payment, shall be paid at the rate of the classification under which the employee was last employed for all time until they are paid.
Where the employment is terminated by reason of the employee's misconduct, the employee shall be paid all wages due within 24 hours of such termination or shall be paid at the rate of the classification under which the employee was last employed for all time until such payment is made.
7. Terms of Employment — Weekly Employees
(i) Except as hereinafter provided, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week. Provided that, during the first two weeks of the employment of an employee engaged by the week, such employment may be terminated on one hour's notice by either party at any time.
(ii) One week's notice shall be given at any time during the week by the employer or employee to terminate employment or, in lieu of such notice, one week's wages shall be paid by the employer or forfeited by the employee, as the case may be.
(iii) Notwithstanding anything elsewhere contained in this clause, the employer shall have the right to dismiss an employee without notice for inefficiency, neglect of duty, malingering or misconduct, in which case wages shall be paid up to the time of dismissal only.
8. Part-time and Casual Employees
(i) Part-time Employees —
(a) A part-time employee shall mean an employee engaged by the week but who is required to work a regular number of ordinary hours each week which are less than the weekly number of ordinary hours of work prescribed by clause 4, Hours of Work, of the award.
(b) A part-time employee shall be paid an hourly rate ascertained by dividing the weekly rate payable under Table 1 — Rates of Pay, of Part B, Monetary Rates, by the weekly number of ordinary hours prescribed by clause 4, Hours of Work, of the award.
(c) Notwithstanding anything elsewhere contained in this award, the provisions of this award shall apply to part-time employees on a pro rata basis.
(ii) Casual Employees —
(a) A casual employee is an employee engaged by the hour and paid as such.
(b) The hourly rate for a casual employee shall be ascertained by dividing the total ordinary rate payable under the said Table 1 by the weekly number of ordinary hours prescribed by clause 4, Hours of Work, of the award, plus 15 per cent.
9. Meal Breaks
(i) A meal break of at least 30 minutes and not more than 60 minutes on each day shall be allowed to all employees and shall be taken at times to be mutually arranged.
(ii) All time worked during the ordinary meal hour shall be paid for at the rate of time and one-half, which rate shall continue until a meal break is allowed.
10. Overtime
(i) All time worked in excess of the ordinary hours provided in clause 4, Hours of Work, shall be regarded as overtime and shall be paid for at the rate of time and one-half for the first two hours, and double time thereafter.
(ii) All time worked on Saturday shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.
(iii) In computing overtime, each day's work shall stand alone.
(iv) An employee recalled to work overtime during the normal working week (Monday to Friday, inclusive) after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time so recalled; provided that the employee shall not be required to work the full four hours if they are recalled to perform is completed within a shorter period.
10A. Time Off in Respect of Overtime Worked
(i) Subject to genuine agreement between an employer and employee(s), an employee may elect to take time off in lieu of payment for hours worked in excess of the ordinary hours of work prescribed by this award.
(ii) In such cases the time off shall be calculated on the basis of the penalty prescribed for work outside and/or in excess of the ordinary hours of work prescribed by this award.
(iii) Provided that such time off shall be taken within four weeks of becoming due or payment for such work shall be made by the employer.
(iv) Provided further that the time of taking the time off in lieu is subject to mutual agreement between the employer and the employee and where agreement cannot be reached the matter shall be dealt with via the Dispute Settlement Procedure.
11. Anti-Discrimination and Harassment
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977 (NSW) it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation.
(b) Offering or providing junior rates of pay to persons under 21 years of age. Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW).
(c) A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
12. Sundays and Holidays
(i) An employee required to work on a Sunday shall be paid at the rate of double time and if required to work on a holiday shall be paid at the rate of double time and one-half.
(ii) In this award, unless the contrary intention appears, the expression "holiday" means any of the following days: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and any day proclaimed and/or gazetted as a holiday for the State.
(iii) By agreement between an employer and their employee(s), another day(s) may be substituted for any day(s) which has been proclaimed and/or gazetted as a public holiday for the state.
(iv) An employee engaged by the week shall have no deduction made from the employee's wages for the week because the employee had not worked on a holiday.
13. Annual Leave
See Annual Holidays Act 1944.
14. Annual Leave Loading
During the period of annual leave allowed pursuant to the Annual Holidays Act 1944, an employee shall receive a loading of 17.5 per cent calculated on the rate of wage prescribed by clause 3, Rates of Pay — Adults and Juniors. Such loading shall be paid in advance and shall be calculated upon the ordinary wages which would accrue during the currency of the leave.
The loading prescribed in this clause shall apply to annual leave due on or after the date of operation of this award. The said loading shall not apply to proportionate leave on termination.
15. Sick Leave
(i) Where an employee is unable to attend for duty the employee shall, wherever practicable, inform the employer within two hours of the commencing time in order to allow the employer to engage a replacement. The employee shall provide to the employer, within 48 hours of the commencement of such absence, satisfactory medical evidence of illness or injury.
(ii) An employee absent from work on account of personal illness or on account of injury by accident, shall be entitled to leave of absence without loss of pay for the following periods of working time:
(a) During their first year of any period of service with the employer an employee shall not be entitled to leave in excess of 40 hours of working time. Provided that, during the first six months of the first year of any period of service with an employer, the employee shall be entitled to sick leave, which shall accrue on a pro rata basis of 6 2/3 hours of working time for each month of service completed with the employer. Provided further, that on application by the employee during the seventh month of employment, and subject to the availability of an unclaimed period of sick leave, the employee shall be paid for any sick leave taken during the first six months and in respect of which payment was not made.
(b) During the second and subsequent years of any period of service with the employer an employee shall not be entitled to leave in excess of 64 hours of working time.
(iii) An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.
(iv) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (ii) of this clause which has in any year not been allowed to an employee, and subject to the conditions herein before prescribed, shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.
(v) Service with the employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.
16. Bereavement Leave
(i) An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.
(ii) 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.
(iii) Bereavement leave shall be available to the employer in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20, 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.
(iv) 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.
(v) Bereavement leave may be taken in conjunction with other leave available under subclause (2), (3), (4), (5) and (6) of the said clause 20. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
17. Protective Clothing
(i) The employer shall supply to each employee three pairs of overalls and two pairs of working boots each year.
(ii) The employer shall be responsible for the laundering of the employee's overalls.
(iii) Employees shall wear the protective clothing and boots provided by the employer during the course of their employment.
18. Meal Allowances
(i) If an employee is required to work overtime after working ordinary hours on Monday to Friday (except where the period of overtime is less than one hour and a half), the employee shall be supplied with a meal by the employer or paid at the rate set out in Item 2 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates, for the first and any subsequent meals.
(ii) Before starting such overtime an employee shall be allowed a meal break of 30 minutes, which shall be paid for at ordinary rates.
(iii) An employee working such overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of work.
19. First-aid Allowance
When an employer appoints an employee to carry out the duties of a first-aid attendant in addition to their ordinary duties, such employee shall be paid an allowance at the rate set out in Item 3 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates, in addition to their ordinary rate of pay. This allowance is for any work performed on the employer's premises. The person so appointed shall have the necessary qualifications to carry out such work.
20. Personal Carers' Leave
(i) Use of Sick Leave —
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 15, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee: or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee; or spouse or de factor spouse of the employee; or
(d) a same sex partner who lives with the employee as the de factor 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 paragraph:
(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 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.
(ii) 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 (1) who is ill.
(iii) 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 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(iv) Time Off in Lieu of Payment for Overtime —
(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 twelve (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 twelve (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.
(v) 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.
(vi) Rostered Days Off —
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both 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.
21. Dispute Procedure
The resolution of industrial disputation shall be conducted be in accordance with the following steps:
(i) Procedure relating to a grievance of an individual employee:
(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 the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussions, 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.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
(ii) Procedure for a dispute between an employer and the 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 must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) 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 purpose of each procedure.
22. Labour Flexibility
(i) Wider Range of Tasks - Employees shall perform work which is incidental or peripheral to their main tasks or functions and is within the scope of their skills and competence.
(ii) Mixed Enterprise —
(a) A mixed enterprise is defined as a single establishment where the primary operation is not covered by this award.
(b) For the purpose of increasing productivity, flexibility and efficiency in a mixed enterprise, as well as enhancing opportunities for workers, multi-skilling may be extended to allow the workers to perform any work in a mixed enterprise within the scope of their skills and competence.
(c) Discussion shall take place at the enterprise with the view to allowing workers to perform a wider range of tasks and the removal of demarcation barriers.
(d) Workers in a mixed enterprise shall not impose or continue to enforce demarcation barriers between the work of workers, provided that it is agreed that the work lies within the scope of the skill and competence of the worker concerned.
23. Consultative Mechanism
Employers, employees and unions, where applicable, shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.
24. Right of Entry
Refer to Part 7 of Chapter 5 of the Industrial Relations Act 1996 —Entry and Inspection by Officers of Industrial Organisations.
NOTE: Before exercising a right of entry, a duly accredited official of The Australian Workers’ Union, New South Wales, shall ascertain from the relevant employer whether there are any issues relating to quarantine that they should take into account that may not permit entry.
25. Rest Intervals
Employees shall be allowed a period of ten minutes in the employer's time for rest and refreshment during each day, to be taken at a time to be mutually arranged.
26. Redundancy
(A) Application —
(i) This clause shall apply in respect of full-time and part-time persons employed in the classifications specified by clause 2, Classification Structure and Definitions.
(ii) This clause shall apply in respect of employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of paragraph (I) of subclause (D) of this clause.
(iii) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be not 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 employment.
(iv) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(B) Introduction of Change —
(i) Employer’s Duty to Notify —
(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(ii) Employer’s Duty to Discuss Change —
(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (I) of this subclause, the effects the changes are likely to have to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).
(c) For the purposes of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(C) Redundancy —
(i) Discussions Before Terminations —
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (I) of subclause (B), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason 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.
(c) For the purpose of the discussions the employer shall, as soon as is 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 any employer shall not be required to Disclose confidential information the disclosure of which would adversely affect the employer.
(D) Termination of Employment —
(i) Notice for Changes in Production, Program, Organisation or Structure —This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.
a) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
|Period of Continuous Service |Period of Notice |
| | |
|Less than 1 year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of notice, with not less than two years’ continuous service, shall be entitled to an additional week’s notice.
(c) Payment in lieu of 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.
(ii) Notice for Technological Change — This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.
(a) In order to terminate the employment of an employee the employer shall give to the employee three months’ notice of termination.
(b) Payment in lieu of 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.
(iii) Time Off During Notice Period —
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the 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.
(iv) Employee Leaving During the Notice Period — If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of Employment —
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
(vi) Notice to Employment National —
Where a decision has been made to terminate employees, the employer shall notify the Employment National thereof as soon as possible, giving relevant information, including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.
(vii) Centrelink Separation Certificate — The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.
(viii) Transfer to Lower-paid Duties — Where an employee is transferred to lower-paid duties for reasons set out in subparagraph (a) of paragraph (I) of subclause (B) 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 employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks of notice still owing.
(E) Severance Pay —
(i) Where the employment of an employee is to be terminated pursuant to paragraph (i) of subclause (D) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:
(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 the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.
(ii) Incapacity to Pay — Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.
The Industrial Relations Commission of New South Wales 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 (i) will have on the employer.
(iii) Alternative Employment — Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.
(F) Savings Clause —
Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy agreement, taken as a whole, between the union and any employer bound by this award.
27. Training Wage
Refer to the Rural Traineeship (State) Consolidated Award 1999.
28. Area, Incidence and Duration
This award rescinds and replaces the Breeding and Raising of Pigs, &c. (State) Award published 6 February 1998 (303 I.G. 515), and all variations thereof.
It shall apply to employees of the classification specified herein, employed in the breeding and raising of pigs industry in New South Wales.
It shall take effect from the first full pay period to commence on or after 21 December 2000 and remain in force thereafter for a period of 12 months.
APPENDIX A
Translation Mechanism — For the purposes of translating employees from the old to the new classification structure the following table shall apply. An employee fulfilling the requirements of the new classification structure shall be assessed accordingly.
Piggery Attendant = PA
Senior Piggery Attendant = SPA
|New Structure |Equivalent to Old Structure |
| |General Hand, Animal Attendant |
| | |
|PA1 |(1st year) |
|PA2 |(2nd year) |
|PA3 |(3rd year) |
|PA4 |(4th year) |
|PA5 |(5th year) |
|SPA1 |Leading Hand (1st and 2nd year) |
|SPA2 |(3rd and 4th year) |
PART B
MONETARY RATES
Table 1 — Rates of Pay
|Classification |Base Rate |June 2000 SWC |Total Rate of Pay |
| |$ |$ |$ |
| | | | |
|Piggery Attendant Level 1 |385.40 |15.00 |400.40 |
|Piggery Attendant Level 2 |390.10 |15.00 |417.10 |
|Piggery Attendant Level 3 |412.60 |15.00 |439.60 |
|Piggery Attendant Level 4 |433.55 |15.00 |460.55 |
|Piggery Attendant Level 5 |449.60 |15.00 |476.60 |
|Senior Piggery Attendant Level 1 |465.20 |15.00 |492.20 |
|Senior Piggery Attendant Level 2 |486.40 |15.00 |513.20 |
|Junior Employees |Percentage of Appropriate |
| |Adult Rate |
| |% |
| | |
|At 16 years of age |60 |
|At 17 years of age |80 |
|At 18 years of age |Adult Rate |
Table 2 — Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |3 (iii) |Leading Hand Allowance |16.90 per week |
|2 |16 (I) |Meal Allowance |7.50 per meal |
|3 |17 |First-aid Allowance |1.55 per day |
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(1395) SERIAL C0335
A/WON ELECTRICAL AND PLUMBING SERVICES PTY LTD NEWCASTLE STEELWORKS PLUMBING CONTRACTS (STATE) ENTERPRISE BARGAINING AWARD 1997
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 809 of 2001)
Before the Honourable Justice Kavanagh 1 June 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the A/Won Electrical and Plumbing Services Pty Ltd Newcastle Steelworks Plumbing Contracts (State) Enterprise Bargaining Award 1997 published 28 May 1999 (309 I.G. 476), as varied, be rescinded on and from 1 June 2001.
T. M. KAVANAGH, J.
____________________
Printed by the authority of the Industrial Registrar.
(034) SERIAL C0336
BILLPOSTERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 879 of 2001)
Before the Honourable Justice Kavanagh 1 June 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Billposters, &c. (State) Award published 31 May 1989 (252 I.G. 633), as varied, be rescinded on and from 1 June 2001.
T. M. KAVANAGH, J.
____________________
Printed by the authority of the Industrial Registrar.
(1563) SERIAL C0339
CROWN EMPLOYEES (GARDENING, PARKS AND HORTICULTURAL AND LANDSCAPE STAFF — HOURS)
INTERIM AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 4938 of 1999)
Before the Honourable Mr Deputy President Harrison 29 May and 12 June 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Crown Employees (Gardening, Parks and Horticultural and Landscape Staff — Hours) Interim Award published 28 August 1985 (238 I.G. 866) be rescinded on and from 29 May 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1543) SERIAL C0145
NEWCASTLE STRAPPING LINE (THE BROKEN HILL PROPRIETARY COMPANY LIMITED) (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1159 of 2001)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Newcastle Strapping Line (The Broken Hill Proprietary Company Limited) Award published 21 February 2001 (322 I.G. 585) be rescinded on and from 17 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(857) SERIAL C0151
BHP STEEL (AWI) PTY LTD NEWCASTLE WIRE ROPE WORKS PERFORMANCE RECOGNITION LUMP SUM PAYMENTS
SCHEME AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 875 of 2001)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the BHP Steel (AWI) Pty Ltd Newcastle Wire Rope Works Performance Recognition Lump Sum Payments Scheme Award published 14 July 1995 (286 I.G. 796), as varied, be rescinded on and from 17 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(858) SERIAL C0150
BHP STEEL (JLA) PTY LTD — STAINLESS PRODUCTS, UNANDERRA LUMP SUM PAYMENTS SCHEME AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 876 of 2001)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the BHP Steel (JLA) Pty Ltd — Stainless Products, Unanderra Lump Sum Payments Scheme Award published 14 July 1995 (286 I.G. 793), as varied, be rescinded on and from 17 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(847) SERIAL C0149
BHP STEEL (TRANSITION ARRANGEMENTS) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 877 of 2001)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the BHP Steel (Transition Arrangements) Award published 20 August 1999 (310 I.G. 446), as varied, be rescinded on and from 17 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(4034) SERIAL C0154
CROWN EMPLOYEES SKILLED TRADESMEN (PUBLIC WORKS) PCB ALLOWANCE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 3591 of 1999)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Crown Employees Skilled Tradesmen (Public Works) PCB Allowance Award published 3 June 1994 (280 I.G. 75) be rescinded on and from 6 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(662) SERIAL C0153
CROWN EMPLOYEES (OFFICERS-IN-CHARGE, GOVERNMENT PRINTING OFFICE — HOURS) (INTERIM) (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 4964 of 1999)
Before the Honourable Mr Deputy President Harrison 7 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Crown Employees (Officers-In-Charge, Government Printing Office — Hours) (Interim) Award published 14 December 1983 (231 I.G. 2027) be rescinded on and from 6 April 2001.
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1089) SERIAL C0371
NOTIFICATION OF OBSOLETE AWARD
I, Timothy McGrath, Industrial Registrar, having notified in the Industrial Gazette of 30 March 2001 (323 I.G. 681), my intention to declare obsolete the Atlas Copco Australia Pty Limited Blacktown Warehouse Enterprise Award published 27 October 1995 (288 I.G. 936), and no notice of objection being lodged, hereby notify pursuant to section 20(3) of the Industrial Relations Act 1996, that the said award is obsolete.
Dated at SYDNEY 3 July 2001.
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C0348
OBSOLETE AWARDS
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 4307 of 1999 and 803 and others of 2001)
Mr Deputy President Grayson 18 April 2001
ORDERS OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the following awards be rescinded on and from 1 April 2001:
|S19 Award Review | |Award Code |Date of |Industrial Gazette |
|Matter No. |Award Title | |Publication |Reference |
|01/803 |388 George Street Project Management Award |1372 |09.07.99 |309 I.G. 1110 |
|01/810 |ABB Engineering Construction Pty Ltd Traction Infrastructure|1308 |06.03.98 |303 I.G. 870 |
| |Projects (Overhead Traction and Associated Works) Consent | | | |
| |Enterprise Award 1997 | | | |
|01/816 |Airport Link, New Southern Railway (NSW) Construction |1103 |16.02.96 |290 I.G. 757 |
| |Enterprise Award, 1995 | | | |
|01/818 |All State Electrical Services Pty Ltd Enterprise Award |391 |25.06.99 |309 I.G. 904 |
| |1998-1999 | | | |
|01/822 |Ambulance Employees' Storekeepers (State) Award |220 |16.08.91 |264 I.G. 1018 |
|01/828 |Arnott's Biscuits Absenteeism and Leave Procedures During |411 |29.03.89 |251 I.G. 1329 |
| |Strike and Stand-Downs (State) Award | | | |
|01/830 |Arnott-Harper Pty Limited (Superannuation) Award, 1988 |2093 |22.03.89 |251 I.G. 1199 |
|01/831 |Asia Pacific Specialty Chemicals Limited Seven Hills Site |1098B |22.01.99 |308 I.G. 98 |
| |Maintenance and QC Laboratory Award 1997 | | | |
|01/832 |Asia Pacific Specialty Chemicals Limited Seven Hills Site |1111 |30.10.1998 |306 I.G. 1323 |
| |Warehouse and Distribution Award 1997 | | | |
|01/836 |Austral Bricks & FBTPU Enterprise Award 1996 |1388 |21.05.99 |309 I.G. 402 |
|01/837 |Australian Bakels Pty Limited Employees Superannuation Award|2057 |17.08.88 |249 I.G. 680 |
|01/843 |Australian Diatomite Mining Pty Limited Superannuation |2188 |06.11.92 |272 I.G. 314 |
| |(State) Award | | | |
|01/846 |Australian Jockey Club - Electrical and Plumbing Enterprise |1043 |29.10.99 |311 I.G. 858 |
| |Award 1998 | | | |
|01/856 |Australian Workers's Union Cirque-Du-Soleil Enterprise |1455 |26.05.00 |315 I.G. 1132 |
| |(State) Award 1998 | | | |
|01/861 |A W Edwards Pty Limited and the AWU (Venues) (Consent |1500 |13.10.00 |319 I.G. 366 |
| |Enterprise) (State) Award | | | |
|01/865 |B.T. and K.A. Coleman Pty Ltd AWU Enfield Marshalling Yards |1082 |24.11.95 |289 I.G. 625 |
| |Enterprise Agreement Award | | | |
|01/866 |Banabelle Electrical Enterprise Award 1997-1999 |375 |16.02.01 |322 I.G. 425 |
|01/868 |Barton Addison and Sons Pty Ltd Superannuation Award |2123 |12.01.90 |254 I.G. 165 |
|01/870 |Bega Co-operative Society Limited Employees 1996 Enterprise |1130 |31.05.96 |292 I.G. 1139 |
| |Award | | | |
|01/872 |Bell Security Systems Pty Ltd Enterprise 1997-1999 Award |1382 |09.04.99 |308 I.G. 875 |
|01/880 |Bituminous Materials Fixers, &c., Superannuation (State) |2173 |31.05.91 |262 I.G. 1124 |
| |Award | | | |
|01/881 |Bituminous Materials Manufacture, &c., Superannuation |2172 |31.05.91 |262 I.G. 1116 |
| |(State) Award | | | |
|01/882 |Blacktown Hospital Project Consent Award 1998 |771A |15.10.99 |311 I.G. 534 |
|01/883 |Blayney (Abattoir) County Council Superannuation Award |2012 |30.03.88 |247 I.G. 1389 |
|01/902 |Boulter Fire Specialist Pty Limited Fire Alarms Enterprise |184 |19.05.00 |315 I.G. 914 |
| |Award | | | |
|01/905 |Breckett Pty Limited (State) Superannuation Award |2074 |11.01.89 |251 I.G. 256 |
|01/911 |Buladelah to Coolongolook Deviation Project Award 1997 |1371 |16.07.99 |310 I.G. 75 |
|01/918 |Castle Hill Towers Project Award |1432 |12.05.00 |315 I.G. 651 |
|01/919 |CBS Electrical Pty Ltd Enterprise Award 1997-1999 |1476 |25.08.00 |318 I.G. 189 |
|01/920 |Charitable Institutions (Medical Officers) (State) Award |344 |28.06.91 |263 I.G. 563 |
|01/922 |Charitable Institutions (Professional Employees) |2107 |14.06.89 |252 I.G. 847 |
| |Superannuation (State) Award | | | |
|01/934 |Clerical and Administrative Employees (Catholic Schools) |940 |11.06.93 |275 I.G. 513 |
| |Jobskills Trainees (State) Award | | | |
|01/933 |Clerical and Administrative Employees (Catholic Schools) |867 |11.02.94 |278 I.G. 520 |
| |(Traineeships) (State) Award | | | |
|01/935 |Clerical and Administrative Employees (John Fairfax |217 |12.06.98 |305 I.G. 229 |
| |Publications) Award 1997 | | | |
|01/942 |Clerks (Traineeships) (State) Award |586 |28.05.93 |275 I.G. 231 |
|01/950 |Coca-Cola Amatil Refurbishment Project Award |1431 |05.05.00 |315 I.G. 535 |
|01/954 |Colgate-Palmolive (State) Superannuation Award |2002 |28.10.87 |246 I.G. 309 |
|99/4307 |Crown Employees (Home Care Service of New South Wales-Branch|294 |28.06.89 |252 I.G. 977 |
| |Administrative Staff) Award | | | |
|01/972 |Crown Employees (Land Inspectors, Department Of Lands And |605 |14.10.81 |223 I.G. 354 |
| |Western Lands Commission - Hours) Award | | | |
|01/1006 |Darling Park Stage 2 Project Management Award |1375 |23.07.99 |310 I.G. 113 |
|01/1009 |Derome Electrical Services Enterprise Award 1997 |1472 |25.08.00 |318 I.G. 144 |
|01/1012 |Dunc Gray Velodrome Project Award |1463 |14.07.00 |317 I.G. 106 |
|01/1014 |Eastern Distributor Project Consent Award 1997 |1376 |07.05.99 |309 I.G. 208 |
|01/1016 |Electrical (Nationwide News Pty Ltd) Superannuation (State) |2116 |28.06.89 |252 I.G. 1043 |
| |Award | | | |
|01/1018 |Electricians and Tradesmen's Assistants (Newcastle |2098 |12.01.90 |254 I.G. 81 |
| |Newspapers Pty Limited) Superannuation (State) Award | | | |
|01/1017 |Electricians (John Fairfax and Sons Limited) Superannuation |2077 |22.03.89 |251 I.G. 1181 |
| |(State) Award | | | |
|01/1020 |Electrolytic Refining And Smelting Company of Australia |2112 |29.01.90 |254 I.G. 321 |
| |Limited (Superannuation) (State) Award | | | |
|01/1025 |Eurest Paralympic Games 2000 (Interim) (State) Award |1552 |08.12.00 |320 I.G. 1044 |
|01/1026 |Federated Clerks Union, Grace Bros Distribution Centre |2041 |07.09.88 |249 I.G. 1020 |
| |Superannuation Award | | | |
|01/1027 |Federated Liquor and Allied Industries Employees Union and |2110 |14.06.89 |252 I.G. 851 |
| |Grace Bros Distribution Centre Superannuation Award | | | |
|01/1029 |Ferrero Australasia Manufacturing Pty Ltd (State) |2109 |07.06.89 |252 I.G. 792 |
| |Superannuation Award | | | |
|01/1033 |Fielder Maize Products Pty Ltd Superannuation (State) Award |2095 |22.03.89 |251 I.G. 1203 |
|01/1034 |FIP Electrical Pty Ltd Enterprise Award 1997-1999 |603 |18.06.99 |309 I.G. 831 |
|01/1036 |Fitters And Tradesmen's Assistants (Newcastle Newspapers Pty|2097 |12.01.90 |254 I.G. 77 |
| |Limited) Superannuation (State) Award | | | |
|01/1044 |Furnishing Trades Society Grace Bros Distribution Centre, |2108 |03.05.89 |252 I.G. 315 |
| |Superannuation Award | | | |
|01/1048 |G Walker & Frazer Industrial Enterprise Award |1178 |13.09.96 |294 I.G. 1185 |
|01/1050 |Galpern Electrics Enterprise Award |884 |20.12.96 |295 I.G. 1625 |
|01/1054 |Goodman Fielder Consumer Foods Group (State) Superannuation |2020 |03.08.88 |249 I.G. 444 |
| |Award | | | |
|01/1055 |Goodman Fielder Consumer Foods Group (White Wings Limited) |2023 |14.09.88 |249 I.G. 1124 |
| |(State) Superannuation Award | | | |
|01/1056 |Goodman Fielder Margarine and Oil Group (State) |2026 |17.08.88 |249 I.G. 677 |
| |Superannuation Award | | | |
|01/1057 |Goonellabah Shopping Centre Construction Project (State) |1119 |24.05.96 |292 I.G. 944 |
| |Consent Award 1995 | | | |
|01/1059 |Grace Bros Pty Ltd Furnishing Trades And Display Makers |2160 |26.04.91 |262 I.G. 287 |
| |(Superannuation) Award | | | |
|01/1062 |Harcros Chemicals Ltd Seven Hills (Maintenance Warehouse and|958 |17.03.95 |284 I.G. 775 |
| |Q.C. Laboratory) Productivity Award 1994 | | | |
|01/1065 |HarperCollins Publishers Distribution Services Award |959 |15.09.00 |318 I.G. 839 |
|01/1074 |Homebush Bay Avenue One Structured Car Park Work Package No |1364 |19.11.99 |312 I.G. 227 |
| |7 Project Award 1997 | | | |
|01/1075 |Homebush Bay Hotel Project Agreement Award |1436 |05.05.00 |315 I.G. 452 |
|01/1076 |Homebush Bay Rail Link On Site Works - Contract No. HB96/004|1365 |19.11.99 |312 I.G. 243 |
| |Project Award 1997 | | | |
|01/1077 |Hordern Pavilion & Royal Hall of Industries Project Award |1435 |05.05.00 |315 I.G. 510 |
|01/1086 |Italian Forum Project Agreement Award, The |1437 |12.05.00 |315 I.G. 678 |
|01/1087 |J. and N. Wilcox (Investments) Pty Ltd Superannuation Award |2052 |11.01.89 |251 I.G. 174 |
|01/1090 |James Hardie & Coy Pty Limited (Industry Allowance) Award |793 |12.12.79 |215 I.G. 2712 |
|01/1096 |Journalists (Superannuation - Suburban Newspapers and |2065 |29.03.89 |251 I.G. 1269 |
| |Others) (State) Award, The | | | |
|01/1097 |Kennedy-Taylor (Sydney Construction Industry) Enterprise |1473 |25.08.00 |318 I.G. 155 |
| |Award, 1998 - 1999 | | | |
|01/1098 |Kevin R Sheather (Northern) Pty Ltd Enterprise Award |1180 |07.04.00 |314 I.G. 888 |
| |1999-2000 | | | |
|01/1102 |King Gee Clothing Company Pty Limited - Kingsgrove Warehouse|1097 |25.01.96 |290 I.G. 237 |
| |Enterprise Award 1994 | | | |
|01/1105 |Kooragang Coal Terminal Expansion Contract KCT2 Consent |998 |27.01.95 |283 I.G. 586 |
| |Project Award, The | | | |
|01/1117 |M4 Motorway Agreement Award 1998 |962 |30.07.99 |310 I.G. 246 |
|01/1119 |M5 Motorway Consent Award |1059 |27.03.98 |304 I.G. 77 |
|01/1121 |Macquarie University (Driver's Salaries) (State) Award |443 |12.11.86 |243 I.G. 724 |
|01/1123 |Manpower Services (Australia) Pty Ltd Kimberly-Clark |1441 |30.06.00 |316 I.G. 1012 |
| |Ingleburn Site Enterprise Award 1998 | | | |
|01/1124 |Medical Practitioners (Locums and Assistants-Superannuation)|2183 |13.03.92 |268 I.G. 660 |
| |(State) Award | | | |
|01/1127 |Metal Trades (John Fairfax and Sons Ltd) Superannuation |2053 |11.01.89 |251 I.G. 176 |
| |(State) Award | | | |
|01/1136 |Miscellaneous Workers, Silverwater Warehouse (State) |2066 |11.01.89 |251 I.G. 240 |
| |Superannuation Award | | | |
|01/1140 |Morganite Australia Pty Ltd (State) Superannuation Award |4835 |11.01.89 |251 I.G. 242 |
|01/1141 |Multi Use Arena (Abigroup Contractors/BTG) Project 1998 |1383 |26.03.99 |308 I.G. 721 |
| |Award | | | |
|01/1144 |N & G Electrics Pty Ltd Enterprise Award 1998-1999 |1268 |16.02.01 |322 I.G. 392 |
|01/1147 |National Foods Limited Penrith Redevelopment Project-Project|1430 |05.05.00 |315 I.G. 480 |
| |Award | | | |
|01/1149 |Nestle Australia Ltd Rooty Hill Factory (Superannuation) |2103 |31.05.89 |252 I.G. 640 |
| |(State) Award | | | |
|01/1150 |Nestle Australia Ltd Superannuation Award 1987 |2094 |22.03.89 |251 I.G. 1201 |
|01/1161 |Newstan Coal Preparation Plant Modification Award 1996 |1172 |20.09.96 |294 I.G. 1318 |
|01/1175 |O'Donnell Griffin Electrical Trades Enterprise (State) Award|182 |21.06.96 |293 I.G. 540 |
|01/1174 |O'Donnell Griffin - Projects Division (Sydney Construction |1560 |16.02.01 |322 I.G. 437 |
| |Industry) Enterprise Award 1998-1999 | | | |
|01/1177 |Office of Marine Administration Award 1998 |1347 |18.09.98 |306 I.G. 672 |
|01/1179 |Olympic International Broadcast Centre Project Award 1999 |1515 |08.09.00 |318 I.G. 430 |
|01/1181 |Olympic Village & Related Projects Industrial Relations |908 |16.04.99 |308 I.G. 1033 |
| |Award | | | |
|01/1189 |Peabody Mining Services Pty Limited, The Eastern Distributor|1443 |26.05.00 |315 I.G. 1140 |
| |Tunnel South Bound Off Loading Ramp and Associated Works | | | |
| |Consent Award 1998 | | | |
|01/1192 |Pier One Project Award |1425 |22.10.99 |311 I.G. 702 |
|01/1213 |Profill Maintenance (State) Superannuation Award |2126 |29.01.90 |254 I.G. 407 |
|01/1217 |Quarrying Industry Remuneration (State) Award |4050 |24.06.94 |280 I.G. 708 |
|01/1219 |R.G. Ladd Electrical Pty Ltd Enterprise Award 1997-1999 |1475 |25.08.00 |318 I.G. 178 |
|01/1222 |Rainsfords Pty Limited Riverwood Distribution Centre |1121 |19.04.96 |292 I.G. 54 |
| |Enterprise (State) Award 1995 | | | |
|01/1224 |Ralph M Lee Pty Limited (NSW Division) (Sydney Construction)|1399 |15.10.99 |311 I.G. 553 |
| |Enterprise Award | | | |
|1/1225 |Ralph M Lee Pty Limited (NSW Division) (Sydney Region) |1186 |20.12.96 |295 I.G. 1568 |
| |Enterprise Award | | | |
|01/1227 |Ralph M Lee Pty Ltd (Wollongong Branch) Enterprise Award |1185 |20.12.96 |295 I.G. 1551 |
|01/1235 |Reckitt and Colman (West Ryde) (Superannuation Contribution)|2113 |28.06.89 |252 I.G. 1035 |
| |Award 1987 | | | |
|01/1245 |Roles Electrical Pty Limited Enterprise Award 1996 |1206 |24.04.97 |297 I.G. 1351 |
|01/1247 |Royal Exchange Refurbishment Project Award |1369 |23.07.99 |310 I.G. 101 |
|01/1249 |Rupert Myers Building University of New South Wales Project |1380 |17.12.99 |312 I.G. 853 |
| |Award | | | |
|01/1251 |Rushcutter's Bay Construction Project Award |1368 |04.06.99 |309 I.G. 589 |
|01/1252 |Ryde Aquatic Leisure Pool Construction Project Award |1509 |10.11.00 |320 I.G. 135 |
|01/1254 |Sabin Industries Pty Ltd Enterprise Award 1996 |897 |07.03.97 |296 I.G. 1219 |
|01/1255 |Samsung Project Award |1378 |17.12.99 |312 I.G. 831 |
|01/1260 |Scienta Building Stage 1 University of New South Wales |1381 |12.11.99 |312 I.G. 863 |
| |Project Award, The | | | |
|01/1262 |Seagulls Rugby League Football Club Limited (Administrator |338 |12.05.00 |315 I.G. 716 |
| |Appointed) Redundancy (State) Award | | | |
|01/1269 |Siemens Ltd Enterprise Award 1997-1999 |1558 |16.02.01 |322 I.G. 403 |
|01/1274 |Smithkline Beecham (Ermington Site) Enterprise Award 1996 |1363 |10.09.99 |310 I.G. 854 |
|01/1281 |Star Electrical Pty Ltd Enterprise Award |1556 |16.02.01 |322 I.G. 414 |
|01/1285 |Steggles Beresfield AMIEU Integrated Award 1999 |1259 |25.08.00 |318 I.G. 44 |
|01/1286 |Sterling Pharmaceuticals Pty Ltd (State) Superannuation |2071 |11.01.89 |251 I.G. 249 |
| |Award | | | |
|01/1293 |Sydney International Aquatic Centre Olympic Expansion: |929 |11.08.00 |317 I.G. 973 |
| |Contract No: H Bay 125 Project Award, 1999 | | | |
|01/1295 |Sydney Olympic & Paralympic Games 2000 (State) Retail |1408 |24.09.99 |310 I.G. 1010 |
| |Enterprise Award | | | |
|01/1298 |Sydney Olympic Park Games Overlay Project Award 2000 |1549 |08.12.00 |320 I.G. 1056 |
|01/1296 |Sydney Olympic & Paralympic Games 2000 Torch Relay (State) |1468 |30.06.00 |316 I.G. 1046 |
| |Award | | | |
|01/1301 |TAB Terminal Maintenance Technicians (Sydney Metropolitan) |1335 |30.10.98 |306 I.G. 1367 |
| |Award | | | |
|01/1303 |Taree Bridges Project Award |1426 |22.10.99 |311 I.G. 710 |
|01/1316 |Thermaline Pty Ltd Electrical Services Enterprise Award NSW |1190 |14.04.00 |314 I.G. 1043 |
| |1998 | | | |
|01/1317 |Thiess Contractors Strathfield Letter Facility Project Award|1416 |10.12.99 |312 I.G. 729 |
| |1998 | | | |
|01/1318 |Thiess Contractors Sydney Ansett Terminal Project Award 1998|1401 |23.07.99 |310 I.G. 154 |
|01/1320 |Tip Top Bakeries and Allied Bakeries Superannuation (State) |2087 |29.03.89 |251 I.G. 1313 |
| |Award | | | |
|01/1323 |TNT Komatsu Forklifts Gosford Enterprise (State) Award 1996 |1194 |13.12.96 |295 I.G. 1356 |
|01/1324 |TNT Komatsu Forklifts Wollongong Branch Enterprise (State) |1193 |22.11.96 |295 I.G. 1043 |
| |Award 1996 | | | |
|01/1326 |Total Electrical Connection Enterprise Award |1188 |20.12.96 |295 I.G. 1603 |
|01/1340 |Unilever (EOI Division/AMWU) Superannuation Award |2034 |14.09.88 |249 I.G. 1138 |
|01/1341 |Unilever (EOI Division/AWU) Superannuation Award |2004 |08.06.88 |248 I.G. 948 |
|01/1342 |Unilever (EOI Division/BWIU) Superannuation Award |2015 |28.06.89 |252 I.G. 987 |
|01/1343 |Unilever (EOI Division/ETU) Superannuation Award |2005 |14.09.88 |249 I.G. 1116 |
|01/1344 |Unilever (EOI Division/FEDFA) Superannuation Award |2014 |28.06.89 |252 I.G. 989 |
|01/1345 |Unilever (EOI Division/FIA) Superannuation Award |2044 |07.09.88 |249 I.G.1024 |
|01/1346 |Unilever (EOI Division/FMWU) Superannuation Award |2019 |14.09.88 |249 I.G.1120 |
|01/1347 |Unilever (EOI Division/OPDU) Superannuation Award |2003 |17.08.88 |249 I.G.666 |
|01/1350 |Unilever (Lever and Kitchen Division/AWU) Superannuation |2009 |14.09.88 |249 I.G.1118 |
| |Award | | | |
|01/1351 |Unilever (Lever and Kitchen Division/ETU) Superannuation |2028 |14.09.88 |249 I.G.1126 |
| |Award | | | |
|01/1352 |Unilever (Lever and Kitchen Division/FEDFA) Superannuation |2038 |14.09.88 |249 I.G.1146 |
| |Award | | | |
|01/1353 |Unilever (Lever and Kitchen Division/FIA) Superannuation |2031 |14.09.88 |249 I.G.1132 |
| |Award | | | |
|01/1354 |Unilever (Lever and Kitchen Division/FMWU) Superannuation |2033 |14.09.88 |249 I.G.1136 |
| |Award | | | |
|01/1358 |Unilever (Streets Ice Cream Division/AMIEU) Superannuation |2008 |30.03.88 |247 I.G.1387 |
| |Award | | | |
|01/1359 |Unilever (Streets Ice Cream Division/ETU) Superannuation |2037 |14.09.88 |249 I.G.1144 |
| |Award | | | |
|01/1361 |Unilever (Streets Ice Cream Division/FEDFA) Superannuation |2036 |14.09.88 |249 I.G.1142 |
| |Award | | | |
|01/1362 |Unilever (Streets Ice Cream Division/FMWU) Superannuation |2035 |14.09.88 |249 I.G.1140 |
| |Award | | | |
|01/1369 |Westmead Private Hospital Project Consent Award 1998 |1447 |24.03.00 |314 I.G.455 |
J. P. GRAYSON, D.P.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C0349
OBSOLETE AWARDS
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 802 and others of 2001)
Mr Deputy President Grayson 9 May 2001
ORDERS OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the following awards be rescinded on and from 9 May 2001:
|S19 Award Review | |Award Code |Date of |Industrial Gazette |
|Matter No. |Award Title | |Publication |Reference |
|01/802 |1999 New Year's Eve Half Holiday Interim (State) Award |720 |02.06.00 |315 I.G. 1403 |
|01/812 |Addis (Aust.) Pty Limited (State) Superannuation Award |2051 |30.11.88 |250 I.G. 992 |
|01/819 |Allen Lifesavers Limited, Maintenance Employees (State) |2061 |06.07.88 |249 I.G. 15 |
| |Superannuation Award | | | |
|01/820 |Allen Lifesavers Limited, Production Employees (State) |2060 |06.07.88 |249 I.G. 14 |
| |Superannuation Award | | | |
|01/825 |Armaguard NSW (Clerical and Administrative) Enterprise Award|4242 |19.05.00 |315 I.G. 901 |
| |1998-2000 | | | |
|01/829 |Arnott's Snack Foods (Superannuation) Award |2124 |29.01.90 |254 I.G. 405 |
|01/835 |Austral Brick Company Pty Ltd (Electrical Employees) |1024 |26.05.00 |315 I.G. 1100 |
| |Enterprise Award 1998 | | | |
|01/838 |Australian Co-operative Foods Limited Lidcombe Factory |1221 |27.03.97 |297 I.G. 499 |
| |Production Employees Enterprise Award | | | |
|01/842 |Australian Co-operative Foods Limited, Northern New South |1291 |31.10.97 |301 I.G. 1158 |
| |Wales Production And Clerical Employees Enterprise Award | | | |
|01/841 |Australian Co-operative Foods Limited TWU Enterprise Award |1314 |07.08.98 |306 I.G. 70 |
|01/852 |Australian Pharmaceuticals Industries Limited (State) |2055 |11.01.89 |251 I.G. 217 |
| |Superannuation Award | | | |
|01/864 |B & B Optical Division Pty Ltd Superannuation Award |2070 |12.10.88 |250 I.G. 161 |
|01/907 |Brickmakers and Assistants (State) Superannuation Award |2082 |29.03.89 |251 I.G. 1307 |
|01/913 |Button Makers, &c. (State) Award |077 |11.07.97 |299 I.G. 1056 |
|01/927 |Chubb Protective Services (Event Casuals) (State) 1998 Award|1373 |16.04.99 |308 I.G. 1025 |
|01/943 |Clerk's (Grocery and Variety Bulk Store) Superannuation |2046 |08.06.88 |248 I.G. 957 |
| |Award | | | |
|01/939 |Clerks (Illawarra Newspapers Holding Pty Limited) |2091 |29.03.89 |251 I.G. 1324 |
| |Superannuation (State) Award | | | |
|01/940 |Clerks (John Fairfax Group Pty Limited) Superannuation |2064 |15.03.89 |251 I.G. 1105 |
| |(State) Award | | | |
|01/941 |Clerks (Newcastle Newspapers Pty Limited) Superannuation |2083 |29.03.89 |251 I.G. 1300 |
| |(State) Award | | | |
|01/938 |Clerical Employees Steggles Limited Beresfield Operations |117 |30.06.00 |316 I.G. 1003 |
| |Award 1998-2000 | | | |
|01/961 |Corrections Health Service Nurses' (Interim) (State) Award |1557 |9 02.01 |322 I.G. 211 |
|01/975 |Crown Employees (N.S.W. Government Courier Service-Hours) |618 |14.10.81 |223 I.G. 355 |
| |Award | | | |
|01/1031 |Fertilizers (Australian Fertilizers Limited) Maintenance, |4111 |29.09.95 |288 I.G. 303 |
| |&c. -1992 Expense Related Allowances Award | | | |
|01/1032 |Fertilizers (Australian Fertilizers Limited) Production, &c.|313 |22.12.89 |253 I.G. 1263 |
| |Award | | | |
|01/1042 |Frito-Lay Australia Smithfield (State) Award |961 |28.10.94 |282 I.G. 497 |
|01/1063 |Hardie Bathroom Products - Campbelltown Site Enterprise |965 |31.03.95 |284 I.G. 1215 |
| |Bargaining (State) Award 1993 | | | |
|01/1064 |Hardie Iplex Pipeline Systems (Chipping Norton) Enterprise |093 |02.04.93 |274 I.G. 264 |
| |Bargaining Award | | | |
|01/1066 |Hawker De Havilland Limited (State) Superannuation Award |2088 |29.03.89 |251 I.G. 1317 |
|01/1079 |Ice Cream Makers (Unilever Australia Ltd., Streets Ice Cream|3011 |12.10.88 |250 I.G. 168 |
| |Division) Award | | | |
|01/1083 |Inghams Enterprises Pty Limited (Southern Division) Award |3021 |31.05.89 |252 I.G. 653 |
|01/1091 |James Hardie Building Services Ltd Fire Alarms Contracting |4233 |13.09.96 |294 I.G. 1142 |
| |Division Electricians (Sydney) Award 1996 | | | |
|01/1092 |James Hardie Building Services Ltd trading as Environ |4234 |13.09.96 |294 I.G. 1157 |
| |Aldridge Electrical Electricians Award 1996 | | | |
|01/1095 |Jobskills Trainee (Randwick Information and Community |640 |15.09.95 |287 I.G. 1092 |
| |Centre) (State) Award 1995 | | | |
|01/1103 |Kitchens of Sara Lee Superannuation (State) Award |2021 |14.09.88 |249 I.G. 1122 |
|01/1110 |Letona Co-Op Limited - Letona Foods Division (State) |2063 |29.03.89 |251 I.G. 1309 |
| |Superannuation Award | | | |
|01/1111 |Letona Co-Op Limited - Mountain Maid Division Superannuation|2085 |29.03.89 |251 I.G. 1311 |
| |Award | | | |
|01/1116 |Lycon Electrical Enterprise 1997-1999 Award |392 |12.03.99 |308 I.G. 646 |
|01/1126 |Metal Industry (State) Superannuation Award |2140 |25.05.90 |256 I.G. 611 |
|01/1130 |MHG-Unanderra Clerks Enterprise (State) Award 1996 |1145 |31.05.96 |292 I.G. 1085 |
|01/1162 |Norco Co-Operative Enterprise (State) Award |960A |07.04.95 |284 I.G. 1295 |
|01/1163 |Norco Co-Operative Limited (State) Award |3017 |11.01.89 |251 I.G. 263 |
|01/805 |Nuplex Industries Pty Limited - Botany-Enterprise Award 1997|038 |30.03.01 |323 I.G. 609 |
|01/1182 |Optical Products - A Division of Martin Wells Pty Ltd |2084 |05.04.89 |252 I.G. 27 |
| |(State) Superannuation Award | | | |
|01/1183 |Otis Australia - Minto Manufacturing Enterprise Bargaining |033 |16.04.93 |274 I.G. 605 |
| |(State) Award 1992 | | | |
|01/1191 |Phoenix Fire Services Enterprise Award |898 |07.03.97 |296 I.G. 1227 |
|01/1223 |Ralph M Lee Pty Limited (Illawarra Hospital Project) |1184 |20.12.96 |295 I.G. 1536 |
| |Enterprise Award | | | |
|01/1226 |Ralph M Lee Pty Limited (N.S.W. Division) Sydney Service and|1187 |20.12.96 |295 I.G. 1586 |
| |Minor Works Department Enterprise Award | | | |
|01/1228 |Ralph M Lee Pty Ltd Kooragang Coal Terminal Expansion KCT25 |1134 |17.05.96 |292 I.G. 896 |
| |Award | | | |
|01/1229 |Ralph M Lee Pty Ltd New South Wales Enterprise Award |1377 |26.11.99 |312 I.G. 368 |
| |1998-2000 | | | |
|01/1230 |Ralph M Lee Pty Ltd Projects Division Enterprise Award for |1200 |04.04.97 |297 I.G. 760 |
| |New South Wales | | | |
|01/1234 |Real Estate Valuers (State) Award |712 |19.07.91 |264 I.G. 100 |
|01/1238 |Remp Contracting Enterprise (State) Award 1996 |894 |28.02.97 |296 I.G. 1060 |
|01/1241 |Residential Care Staff, Department of Youth and Community |070 |27.05.87 |245 I.G. 386 |
| |Services (Hours) Award | | | |
|01/1246 |Rothmans of Pall Mall (Aust.) Limited Superannuation Award |2010 |17.08.88 |249 I.G. 668 |
|01/1259 |Schwarzkopf Pty Ltd Enterprise Consent Award |319 |23.09.94 |281 I.G. 1125 |
|01/1270 |Simon-Carves Electrical Enterprise (State) Award 1996 |887 |14.02.97 |296 I.G. 496 |
|01/1271 |Skilled Engineering Ltd (Communications Division) NSW ETU |883 |13.12.96 |295 I.G. 1347 |
| |Enterprise Award 1996 | | | |
|01/1287 |Storemen and Packers, Bond and Free Stores (State) |2136 |25.05.90 |256 I.G. 601 |
| |Superannuation Award | | | |
|01/1294 |Sydney Olympic & Paralympic Games 2000 (State) Award |1418 |24.09.99 |310 I.G. 989 |
|01/1310 |Tecnair Services Pty Limited Enterprise Award 1997 |1474 |25.08.00 |318 I.G. 167 |
|01/1339 |Ultralight Electrical Enterprise Award |1176 |25.10.96 |295 I.G. 484 |
|01/1348 |Unilever (Lever and Kitchen Division/AMWU) Superannuation |2029 |14.09.88 |249 I.G. 1128 |
| |Award | | | |
|01/1349 |Unilever (Lever and Kitchen Division/ASE) Superannuation |2030 |14.09.88 |249 I.G. 1130 |
| |Award | | | |
|01/1356 |Unilever (Rexona Division/ADSTE) Superannuation Award |2045 |07.09.88 |249 I.G. 1026 |
|01/1357 |Unilever (Rexona Division/AWU) Superannuation Award |2043 |07.09.88 |249 I.G. 1022 |
|01/1360 |Unilever (Streets Ice Cream Division/FCU) Superannuation |2027 |12.10.88 |250 I.G. 155 |
| |Award | | | |
|01/1366 |Wambo Mining Corporation Pty Limited Consent Award 1998 |885 |16.07.99 |310 I.G. 53 |
J. P. GRAYSON, D.P.
____________________
Printed by the authority of the Industrial Registry.
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