BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 343, Part 6 27 February 2004 Pages 434 -502
[pic]NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 343, Part 6 27 February 2004
Pages 434 - 502
Page
Awards and Determinations
Awards Made or Varied
|BHP Steel (AIS) Pty Ltd Supervisors and Technical Officers |(AIRC) |475 |
|Charitable Institutions (Professional Paramedical Staff) (State) |(VSW) |486 |
|Cleaning and Building Services Contractors (State) |(VIRC) |497 |
|Club Employees (State) |(VIRC) |495 |
|Dental Assistants and Secretaries (State) |(AIRC) |434 |
|Nestle Purina Petcare, Blayney (State) Enterprise |(AIRC) |455 |
|Nursing Homes &c., Nurses' (State) |(VIRC) |491 |
|Social and Community Services Employees (State) |(VSW) |484 |
|Sydney Light Rail (State) Award 1997 |(VSW) |482 |
|Teachers (Independent Schools) (State) Award 2001 |(VIRC) |494 |
| | | |
Obsolete Awards
|Pyrmont Bridge Maintenance Project |500 |
|Pasminco Cockle Creek Smelter Award 2000 |501 |
|Thomas Coffey (Australia) Pty Ltd Enterprise Newcastle Steelworks |502 |
|(279) |SERIAL C2420 |
DENTAL ASSISTANTS AND SECRETARIES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Australian Dental Association for a new award, industrial organisation of employers.
(Nos. IRC 4847, 4848, 4872 and 4891 of 2003)
|Before The Honourable Justice Schmidt |13 October 2003 |
AWARD
PART A
ARRANGEMENT
PART A
Clause No. Subject Matter
1. Wages and Classifications
2. Casual and Part-time Employees
3. Hours
4. Overtime and Evening Meal Money
5. Holidays
6. Sick Leave
7. Personal Carer’s Leave
8. Bereavement Leave
9. Time and Payment of Salaries
10. Termination of Employment
11. Redundancy
12. Superannuation
13. Long Service Leave
14. Annual Holidays
15. Annual Leave Loading
16. Prohibitions
17. Clothing
18. Right of Entry
18A. Union Contributions
19. Attendance at Technical College
20. Block Release
21. Finishing at Night
22. Exhibition of Certificate
23. First-Aid Allowance
24. Disputes and Industrial Grievance Procedures
25. Definitions
26. Anti-Discrimination
27. Exemptions
28. Leave Reserved
29. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
(i) Adults
(ii) Juniors
Table 2 - Allowances
1. Wages and Classifications
(i) The minimum weekly wage payable shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.
(ii) The rates of pay in this award include the adjustments payable under the State Wage Case of June 2003. These adjustments may be offset against:
(a) any equivalent over-award payments; and/or
(b) award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.
(iii) Classification Levels
All employees shall be graded in one of the following levels and informed accordingly in writing within 14 days of appointment to the position held by the employee and subsequent graded positions.
(iv) Classification levels are described as follows:
Level 1
(a) Shall mean an employee with no prior experience relevant to the dental industry.
(b) Such an employee shall be provided with on the job experience under direct supervision to perform general duties as directed and to learn basic skills and knowledge required of a dental assistant. This shall include:
(i) Basic knowledge of infection control and occupational health and safety principles;
(ii) Identification of surgery equipment, instruments and dental materials;
(iii) Understanding of basic medico and dento/legal requirements as it relates to their occupation as may be outlined under NSW law.
(c) An employee at this level may be required to undertake the following duties:
(i) Assisting in preparation of surgery for treatment.
(ii) Reception of patients;
(iii) Basic clerical duties;
(d) Such an employee shall be employed at this level for no more than 6 months. This period may be shortened at the employer’s discretion.
Level 2
(a) Shall mean an employee having undergone training at level 1 or having appropriate experience in the dental industry.
(b) Such an employee would work under direct supervision and direction as appropriate and be provided with on the job experience to develop the following skills and knowledge:
(i) knowledge of the administrative and clerical duties required by the dental assistant and or secretary in the practice;
(ii) understanding of basic dental procedures and knowledge of the role of the dental assistant and secretary in assisting the employer.
(iii) understanding of the organization of the dental establishment;
(iv) interpersonal skills to enable them to relate to patients;
(v) knowledge of infection control requirements of the industry.
(c) An employee at this level may be required to undertake the following duties:
(i) infection control, including cleaning, care and sterilization of instruments and decontamination of surgery and office equipment;
(ii) preparation of the surgery for dental procedures, including compiling daily treatment sheet;
(iii) assistance at the chairside during dental procedures;
(iv) entering, updating, removing or refiling patient information;
(v) receiving and recording payments, issuing receipts, following up and recording outstanding accounts;
(vi) communicating with patients and staff members; responding to telephone, fax, email, oral and written information;
(vii) administer an appropriate recall system;
(viii) undertaking banking procedures.
Level 3
(a) Employees may be required to instruct other employees in the skills required at this level or levels below by means of personal instruction and demonstration.
(b) An employee at this grade applies knowledge gained to a broad range of skills.
(c) Shall mean an employee with experience at level 2 who possesses a Nationally accredited level III Certificate in dental assisting.
(d) Such an employee would work under minimal supervision, direction and control as is appropriate.
(e) An employee at this level may be required to undertake the following duties:
(i) tasks at level 2
(ii) assisting at chairside with all dental procedures;
(iii) assisting in impression taking;
(iv) stock control for both office and surgery supplies;
(v) assisting with dental radiography, developing and mounting radiographs;
(vi) assisting with the care of patients including assisting in the management of medical and dental emergencies;
(vii) care for patients following dental intra - venous sedation;
(viii) recording of dental charting and maintenance of all patient records;
(ix) receiving from, preparing and dispatching work to the dental laboratory
(x) instruct on post - operative care;
(xi) follow up on patient treatment under dentist’s instruction.
Level 4
(a) Employees may be required to instruct other employees in the skills required at this level or level below by means of personal instruction and demonstration.
(b) Such an employee would work under minimal supervision, direction and control as is appropriate.
(c) Shall mean an employee with the experience and qualifications of a level 3 employee who also possesses a Nationally accredited level 4 certificate in dental radiography and/or oral health education and performs the following indicative duties.
(d) An employee at this level may be required to undertake the following duties:
(i) tasks at level 2 and 3
(ii) taking, processing and filing dental radiographs;
(iii) general and specific oral health instruction of patients and or the public.
Level 5
(a) Shall mean an employee who is appointed to supervise, train and co - ordinate other staff.
(b) An employee at this level may be required to undertake the following duties:
(i) establish and carry out occupational health and safety and infection control regulations and policies;
(ii) prepare of staff rosters and allocate tasks;
(iii) establish and supervise basic bookkeeping including GST and periodic tax requirements;
(iv) oversee all stock control and carry out ordering of supplies;
(v) maintain staff wages, records and organize payment of wages;
(vi) assist with recruitment and selection of staff;
(vii) maintain computer systems;
(viii) organise maintenance and repairs of surgery and office equipment;
(ix) prepare and maintain practice protocols.
(x) liaise with accountant and auditor as required under instruction of the employer;
(c) An employee at this level could be expected to perform the duties of an Office Administrator and the levels below including the duties of a Dental Assistant if the person has the necessary qualifications or expertise.
2. Casual and Part-Time Employees
(i) A casual employee is one engaged and paid as such. A casual employee, for working ordinary time, shall be paid per hour one-fortieth of the weekly rate prescribed by this award for an employee of his/her age and/or experience, plus 20 per cent.
(ii) A regular part-time employee may be engaged for not less than 20 hours per week and shall be paid, for all time worked, one-fortieth of the appropriate weekly rate prescribed by this award for each hour worked.
(iii) The provisions of this award shall apply to part-time employees on a pro-rata basis.
3. Hours
(i)
(a) The ordinary hours of work shall not exceed 40 per week, and shall be worked between the hours of 8.00am and 6.00pm on Monday to Friday inclusive, and 8.00am and noon on Saturday
(b) Notwithstanding paragraph (a) of this subclause, where an employer attends patients after 6.00pm Monday to Friday, the employer may roster an employee's hours up until 8.00pm on not more than three nights per week. Any such hours worked between 6.00pm and 8.00pm shall be paid at the rate of time and a quarter. In any event, the total number of hours worked in any one week shall not exceed 40 without the payment of overtime.
(c) In any day the period of duty shall be continuous, except for meal breaks.
(ii) Any employee required to work on a Saturday as part of their ordinary hours of duty shall be paid an amount as set out in Item 1 of Table 2, Part B - Monetary Rates in addition to their ordinary rate of pay.
(iii) Not less than 30 minutes and not more than one hour shall be allowed for a midday meal to be taken between noon and 2.00 p.m. An interval of ten minutes shall be allowed for morning tea and a further interval of ten minutes for afternoon tea, which shall be taken on the premises of the employer and shall be counted as time worked.
(iv) Twenty minutes shall be allowed for an evening break to be taken between the hours of 5.30 p.m. and 7.00 p.m. in respect only of employees who have worked continuously (afternoon tea included) for a period of five hours immediately preceding the said times allowed for such evening break. Such evening break shall be counted as time worked.
4. Overtime and Evening Meal Money
(i) Subject to subclause (iii) of this clause, all time worked in excess of 40 hours per week shall be paid for at the overtime rates hereinafter prescribed.
(ii) Work done in excess of 40 hours per week or before the fixed starting time, or after the fixed finishing time, Monday to Friday inclusive, shall be paid for at the rate of double time in addition to the weekly salary actually paid. Subject to subclause (iii) of this clause, work done after noon on any Saturday shall be paid for at the rate of double time in addition to the weekly salary actually paid. In any case, any portion of an hour of 30 minutes or less shall be reckoned as 30 minutes and any portion of an hour above 30 minutes shall be reckoned as an hour.
(iii) Ordinary rates shall be payable for time worked within 30 minutes after the normal finishing time, but such time worked will be included for the purposes of calculating weekly overtime as provided by subclause (ii) of this clause.
If work continues for more than 30 minutes after the normal ceasing time, remuneration shall be payable at the rate of time and a quarter for the whole of the time worked after the normal finishing time.
(iv) Employees required to work for more than one hour after their ordinary ceasing time, Monday to Friday inclusive, shall be paid not less than an amount as set out in Item 2 of Table 2, Part B - Monetary Rates for evening meal money in addition to any overtime to which they may be entitled under the provisions herein before contained. If overtime exceeds five hours on any shift, a further meal allowance of the same amount shall be paid.
(v) No employee shall be required to work for more than five hours without a 20 minute paid crib break; provided that the morning and afternoon tea breaks shall not be breaks for the purposes of this subclause.
(vi) Reasonable Overtime
(a) Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.
(c) For the purposes of paragraph (b) what is unreasonable or otherwise will be determined having regard to:
(1) Any risk to employee health and safety;
(2) The employee's personal circumstances including any family and carer responsibilities;
(3) The needs of the workplace or enterprise;
(4) The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(5) Any other relevant matter.
5. Holidays
(i) The following days shall be holidays under this award:
(a) The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing day are observed as public holidays.
(b) Any other special day appointed by proclamation to be observed as a public holiday throughout the State or in the County of Cumberland.
(ii) Every employee allowed a holiday specified herein shall be deemed to have worked, in the week in which the holiday falls, the number of ordinary working hours that he/she would have worked had the day not been a holiday.
(iii) For work done on any of the holidays, referred to in subclause (i) of this clause, double time and one-half shall be paid with a minimum payment for four hours' work.
6. Sick Leave
An employee who is unable to attend for duty by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Injury Management and Workers Compensation Act 1998) shall be entitled to be paid at the ordinary-time rate of pay for the time of such time, subject to the following:
(i) Where an employee has been in employment with an employer for less than three months, sick leave taken during the first three months of employment shall not be paid until the employee has completed three months' service with that employer.
(ii) He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.
(iii) He/she shall produce a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration) in order to claim payment for days that he/she is or was unable to attend work.
(iv) Subject to subclause (vi) of this clause, he/she shall be entitled to sick pay on the following bases:
During the first year of employment - 40 hours.
During the second year of employment - 48 hours.
During the third year of employment - 56 hours.
During the fourth year of employment - 64 hours.
During the fifth year of employment - 72 hours.
During the sixth year of employment and thereafter - 80 hours.
Any period of paid sick leave allowed to an employee by the employer in any such year shall be deducted from the period of sick leave which may be allowed or carried forward in accordance with subclause (vi) of this clause, in or in respect of such years.
(v) The right under this clause shall accumulate from year to year so long as the employment continues with the same employer, whether under this or any other award, so that any part of the entitlement which has not been allowed in any year by the employer 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. Any rights which accumulate pursuant to this paragraph shall be available to the employee for a period of 12 years, but for no longer, from the end of the year in which they accrued; provided that for the purpose of this subclause the change of ownership of a practice from one person to another shall not interrupt the accumulation of sick leave in accordance with this subclause.
(vi) For the purposes of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by his/her employer;
(b) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.
(vii) Service before the date of coming into force of this award shall be counted in the three months' continuous service for the purpose of qualifying hereunder.
7. Personal Carer's Leave
(i) Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in Clause 6 - 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:
(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, 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 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 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 (2) 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) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with this 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.
8. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled to a maximum of two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as 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 the proof of death.
(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of Clause 7 - Personal Carer's Leave, provide 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 subclauses (ii), (iii), (iv) and (v) of the said Clause 7. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
9. Time and Payment of Salaries
(i) Except as provided in subclause (ii) of this clause, all salaries shall be paid weekly in cash except that if the employer receives an authority conferred in writing by the employee, they may pay by cheque or electronic funds transfer.
(ii) Notwithstanding the provisions of subclause (i) of this clause, an employer may pay the wages of weekly and part-time employees fortnightly, subject to the fact that the implementation of fortnightly pays is as follows:
Employees employed prior to 18 October 1990 may only be paid fortnightly if consent is given by the employee to the change, in writing, using the terms agreed to by the N.S.W. Dental Assistants Association and the Australian Dental Association (New South Wales Branch) Limited.
It shall not be open to the union to object to the fact of fortnightly payment of salaries, where agreed, but it shall be open to the union to object to the terms on which fortnightly pays are introduced and operated.
Overtime shall be paid within a week from the pay day succeeding the day upon which such overtime became due. Provided that where wages are paid fortnightly, overtime shall be paid within a fortnight from the pay succeeding the day or days on which such overtime became due.
10. Termination of Employment
(i) Except for misconduct justifying summary dismissal, the service of an employee shall be terminated only by seven days' notice or by the payment of seven days' salary in lieu thereof.
(ii) No employee shall, without the consent of the employer, resign from his/her employment without having given seven days' notice of his/her intention so to do. Should he/she resign without giving such notice, he/she shall forfeit salary up to the time of resignation for such portion of the current pay period during which he/she has worked.
(iii) Upon termination of the service of an employee, the employer shall furnish him/her with a written statement, duly signed by or on behalf of the employer, setting out the period of his/her employment and the capacity in which he/she was employed.
11. Redundancy
(i) Application
(a) This clause shall apply in respect of full-time and part-time employees.
(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(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 the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(b) Employer's duty to discuss change
(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) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(3) 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.
(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) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(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 subparagraph (1) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(3) 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 formation the disclosure of which would adversely affect the employer.
(iv) Termination of Employment
(a) Notice for Changes in Production, Programme, Organisation or Structure
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii)(a)(1) above.
(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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:
(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 may be terminated by part of the period of notice specified and part payment in lieu thereof.
(3) 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.
(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 purposes 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 clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Centrelink
Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) 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.
(h) Transfer to Lower Paid Duties
Here an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee s employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
(v) Severance Pay
(a) Where the employment of an employee is to be terminated pursuant to subclause (iv) above, 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:
(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 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 |
(3) "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, overaward payments, shift penalties and allowances provided for in the relevant award.
(b) Incapacity to Pay
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.
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 paragraph (a) above will have on the employer.
(c) 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 paragraph (a) above if the employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause
Nothing in this award 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 arrangement, taken as a whole, between the union and any employer bound by this award.
12. Superannuation
(i) 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 section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
(ii) Subject to the requirements of this legislation, superannuation contributions may be made to:
(a) ASSET (Australian Superannuation Savings Employment Trust); or
(b) CANPLAN (Multi Industry Superannuation Plan); or
(c) Any industry or multi-employer superannuation fund which has application to the employees in the main business of the employer where employees covered by this award are a minority of award covered employees, provided that such fund complies with the Occupational Superannuation Guidelines and has joint employer/union management; or
(d) Any superannuation fund which has application to the employees in the main business of the employer, pursuant to a superannuation arrangement approved by an industrial tribunal prior to 16 December 1985, and where employees covered by this award are a minority of award covered employees. Where freedom or choice is provided for in such arrangement the principle of that provision shall apply and wherever practicable ASSET shall be included in such choice; or
(e) Any superannuation fund which improves or provides superannuation to employees covered by this award provided that such a fund was established or improved after 16 December 1985 and prior to 28 February 1992; or
(f) Such other funds approved by an award or industrial agreement.
13. Long Service Leave
See Long Service Leave Act 1955.
14. Annual Holidays
See Annual Holidays Act 1944.
15. Annual Leave Loading
(i) In this clause, the Annual Holidays Act 1944 is referred to as "the Act".
(ii) Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the 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.
(iii) The loading is payable in addition to the pay for the period of holiday accrued and taken under the Act and this award.
(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each such separate period.
(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause, at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with the allowances, if any, payable under subclause (iii) of Clause 1 - Salaries.
(vi) 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 (v) of this clause, applying the award rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.
(vii)
(a) When the employment of an employee is terminated by his/her employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) of this clause for the period not taken.
(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.
16. Prohibitions
No employee shall be required to:
(i) do any scrubbing, cleaning, or polishing other than that required to ensure infection control;
(ii) carry out any of the duties for prosthetic purposes normally carried out by Dental Technicians as defined within the industries and callings of the Dental Technicians (State) Industrial Committee, other than the handling of impression materials used for direct surgery procedures and other than the pouring up of impressions;
(iii) stand while performing chairside duties involving four- or six-handed dentistry where the operator (dentist) is seated.
17. Clothing
If any employee is required to wear a uniform, the employer shall bear the expense of laundering the same; provided that where the uniforms are not laundered at the expense of the employer, an allowance per week of an amount as set out in Item 3 of Table 2, Part B - Monetary Rates per week shall be paid to the employee.
18. Right of Entry
See Industrial Relations Act 1996.
18A. Union Contributions
(i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;
(b) The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;
(c) deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).
(ii) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union's rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.
(iii) Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:
(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
(v) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.
(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.
(vii) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.
(viii) This clause shall take effect from the first full pay period to commence on or after:
(1) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 13 October 2003.
(2) In the case of employers who do not fall within sub-paragraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on 13 January 2004.
(3) For all other employers, from the beginning of the first pay period to commence on or after 13 April 2004.
19. Attendance at Technical College
Any time occupied by an employee within the County of Cumberland who has enrolled to attend a dental assistants' course during ordinary working hours shall be given time off to attend such course, except in the event of an unforeseen emergency arising in the surgery requiring the presence of the assistant, including the time occupied in travelling between the surgery where he/she is employed and the college and in attending such course at the college and such time shall be calculated as part of the ordinary hours of work and paid as such.
This subclause applies only in respect of a course conducted for dental assistants by a college of the NSW Department of Education and Training or the NSW Dental Assistants Association.
20. Block Release
(i) An employee shall be allowed paid leave for the purposes of block release to enable him/her to undertake the level III Certificate in dental assisting referred to in subclause (iv) of Clause 1 - Wages and Classifications, by correspondence or to attend a college of the Department of Education and Training or the Dental Assistants Association for practical block release training.
(ii) The leave stated in subclause (i) of this clause shall not exceed one month and any request for such leave shall be made in writing at least one month before the date of commencement of the leave sought.
(iii) Nothing in this clause shall require the employer to reimburse the employee for travelling expenses incurred in connection with practical block-release training.
21. Finishing at Night
(i) When an employee working overtime finishes work at a time when the usual means of transport are not available, the employer shall provide transport or shall pay him/her at the ordinary rate for the time occupied in reaching his/her home. An employee working overtime who finishes work when the usual means of transport are not available shall be entitled to any additional outlay incurred in reaching home by reasonable means of transport.
(ii) Employees under 18 years of age: No employee under 18 years of age shall be required to work beyond 9.00 p.m., except in exceptional circumstances; in such case the employer shall provide transport to the employee's home.
22. Exhibition of Certificate
Any dental assistant who has completed the level III Certificate of dental assisting shall be entitled to exhibit the certificate in a prominent place, where it can be seen by the patients on the employer's premises.
23. First-Aid Allowance
An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a certificate from the St. John Ambulance or similar body, shall be paid an allowance per week of an amount as set out in Item 4 of Table 2, Part B - Monetary Rates, if the employee is appointed by an employer to perform first-aid duty.
24. Disputes and Industrial Grievance Procedures
The procedures for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.
(i) Procedure relating to a grievance of an individual employee:
(a) The employee shall 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) The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, 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 for the purposes of each procedure.
(ii) Disputes between an employer and the employees - In the event of a question, dispute or difficulty arising:
(a) The matter shall first be raised with the supervisor and agreement sought.
(b) If the dispute is not resolved at this level, the matter may be discussed between the union delegate and representatives of management.
(c) Should the dispute remain unresolved, the matter may be referred to an official of the union, who shall discuss it with senior management. If necessary, the State Secretary of the union and the relevant employer association may also be involved in discussions at this stage.
(d) In the event of no agreement being reached at this stage, the dispute may be referred to the Industrial Relations Commission of New South Wales.
(e) Reasonable time limits will be allowed for discussion at each level of authority, but undue delay should be avoided.
(f) While the procedure is being followed, normal work will continue.
25. Definitions
In this award, unless the context indicates otherwise "Association" means the NSW Dental Assistants Association.
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 grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
27. Exemptions
(1) Except as to the provisions of Clause 26 - Anti-Discrimination, Clause 5 - Holidays, Clause 15 - Annual Leave Loadings, Clause 13 - Long Service Leave, Clause 6 - Sick Leave, subclauses (i), (ii) and (iii) of Clause 7 - Personal/Carer’s Leave, Clause 8 - Bereavement Leave, Clause 12 - Superannuation, and Clause 11 - Redundancy, this award shall not apply to employees classified as a Level 5 who are in receipt of a weekly wage in excess of 15% above the rate set out in Table 1 - Wages of Part B, Monetary Rates for the highest grade in this award; provided that the wage is not inclusive of overtime payments due to the employee under this award.
(2) The exemption rate shall be calculated in multiples of one dollar, amounts of less than 50 cents being taken to the lower multiple and amounts of 50 cents or more being taken to the higher multiple.
28. Leave Reserved
Leave is reserved to either party to apply in respect of the classification structure and relativities contained in Clause 1, and Part B Monetary Rates.
29. Area, Incidence and Duration
This award rescinds and replaces the Dental Assistants and Secretaries (State) Award published 1 March 2002 (331 I.G. 845) and all variations thereof.
It shall apply to all dental secretaries and/or chairside attendants employed by dentists in the State, excluding the County of Yancowinna.
This award shall commence on the first pay period to commence on and from 13 October 2003 and remain in force for a period of 24 months.
PART B
MONETARY RATES
Table 1 - Wages
(i) Adults:
|Level |Weekly Rate of Pay |Weekly Rate of Pay |Weekly Rate of Pay |Weekly Rate of Pay |
| |Operative from first |Operative from first |Operative from first |Operative from first |
| |full pay period to |full pay period to |full pay period to |full pay period to |
| |commence on or |commence on or |commence on or |commence on or |
| |after 13/10/03 |after13/04/04 |after 13/10/04 |after 13/04/05 |
| |SWC 2003 | | | |
| |$ |$ |$ |$ |
|1 |451.70 |463.70 |475.70 |487.60 |
|2 |451.70 |470.63 |489.50 |508.50 |
|3 |451.70 |481.90 |512.10 |542.20 |
|4 |451.70 |495.76 |539.82 |583.90 |
|5 |451.70 |515.96 |580.22 |644.50 |
(ii) Juniors
|Age |Weekly Rate of Pay |Weekly Rate of Pay |Weekly Rate of Pay |Weekly Rate of Pay |
| |Operative from first |Operative from first |Operative from first |Operative from first |
| |full pay period to |full pay period to |full pay period to |full pay period to |
| |commence on or |commence on or |commence on or |commence on or |
| |after 13/10/03 |after 13/04/04 |after13/10/04 |after 13/04/05 |
| |(SWC 2003) | | | |
| |$ |$ |$ |$ |
|At 16 years | | | | |
|of age |193.75 |207.80 |221.85 |235.90 |
|At 17 years | | | | |
|of age |223.80 |235.20 |246.60 |258.00 |
|At 18 years | | | | |
|of age |258.40 |278.53 |298.66 |318.80 |
|At 19 years | | | | |
|of age |301.00 |322.13 |343.26 |364.40 |
|At 20 years | | | | |
|of age |343.25 |372.23 |401.21 |430.20 |
Table 2 - Allowances
|Item No. |Clause |Brief Description |Amount |
| | | |(SWC 2003) |
| | | |$ |
|1 |3 (ii) |Saturday Ordinary Time |11.65 |
|2 |4 (iv) |Meal money |9.95 |
|3 |17 |Clothing allowance |7.00 per week |
|4 |23 |First - Aid |8.10 per week |
NOTE:
The expense related allowances in this award have been varied to take into account movements in the Consumer Price Index up to and including the quarter ending June 2003.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(1446) |SERIAL C2344 |
NESTLE PURINA PETCARE, BLAYNEY (STATE)
ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Nestle Purina Pet Care.
(No. IRC 977 of 2003)
|Before Commissioner Ritchie |26 March 2003 |
AWARD
1. Title
This Award shall be referred to as the Nestle Purina Petcare, Blayney (State) Enterprise Award
2. Arrangement
Clause No. Subject Matter
21. Anti-Discrimination
2. Arrangement
12. Career Path Work Grades
9. Conditions of Employment
6. Consultation and Communication
18. Definitions
10. Entitlements
8. Grievance Procedure
3. Incidence of Award
17. No Extra Claims
5. Operation of Award
11. Parental Leave (Unpaid)
4. Parties Bound
19. Production Work by Other Parties
14. Productivity
16. Right of Entry
22. Superannuation
1. Title
7. Training
20. Union Recognition Clause
15. Wage Increases
13. Wage Rates
Appendix 1 - RDO Interim Agreement
Appendix 2 - Classification and training structure
Appendix 3 - Wage Rates
3. Incidence of Award
This award shall apply to, Nestle Purina Petcare New South Wales, and any employee of Nestle Purina Petcare whose place of employment is at Blayney, NSW, and whose work is, or is in connection with, the manufacture, or preparation, or storage for sale of:
(a) Condiments and cereal foods, and all other articles, goods and preparations usually or commonly known as grocers' sundries, including arrowroot, baking powder, barley, bicarbonate of soda, bird seed, borax, brose meal, caraway seeds, cassia, caster sugar, chicory, chicorine chillies, chocolate, cinnamon, citric acid, citron peel, cloves, cocoa, coffee, coffee essence, coriander seed, cornflour, cornina, cream of tartar, cumin seed, curry powder, custard powder, corpas oil, condensed milk, desiccated coconut, digestive meal, dry pet food, epsom salts, fennel, fenugreek, flavouring, essences, graham flour, groats, ginger, haricot beans, hommell, hemp seed, icing sugar, jellies, lemon peel, lentils, linseed meal, linseed macaroni, mace, magnesia, meal wheat, malt preparations, maize meal, millet seed, mustard, nutmegs, oatmeal, oats, orange peel, peas, pepper, pimento, patent foods, rape seed, rice sago, sago flour, self raising flour, spices, semolina, sulphur, tapioca, tartaric acid, vermicelli, wet pet food.
(b) Glucose and all products of maize, and all other similar or allied preparations, goods and articles to any of the above mentioned preparations, goods or articles, and irrespective of whether the said employees are members of the union or not.
4. Parties Bound
This award shall be binding upon:
The National Union of Workers, New South Wales Branch,
And
Nestle Purina Petcare (ABN 77 000 011 316)
5. Operation of Award
This award shall come into operation on and from 1 January 2003and shall continue in force for a period of three years.
Changes to employment conditions and the first wage adjustment will operate from the first day of January 2003 and payments will be made once the Award has been made by the Industrial Relations Commission of New South Wales ("The Commission").
This award rescinds and replaces Friskies Pet Care, Blayney (State) Enterprise Award published 27 July 2001 (326 I.G. 588)
6. Consultation and Communication
There is a continuing commitment by the Company to communicate with employees and to involve employees in making decisions which affect the workplace.
There is a commitment by employees to avoid work stoppages, bans and limitations and to resolve grievances by using the procedure set out elsewhere in this Award.
These joint commitments are aimed at having all Company employees work together to improve product quality, work performance, work conditions and productivity.
The formal Consultative Committee process continues and that process will consider, among other things:
appropriate work procedures and practices.
skill related career paths and multi skilling arrangements.
ways of improving flexibility, productivity and efficiency of the factory.
Regular briefing group meetings will be a continuing feature of the communication process.
7. Training
(a) The company and employees agree to a commitment to ongoing employee development and training in order to continually improve productivity and efficiency, and at the same time, encourage personal development, motivation, and self esteem.
(b) When an employee has been given at least seven (7) days notice that employee will attend compulsory training sessions. (Exceptional circumstances may preclude compulsory attendance).
(c) Where a compulsory training session is between one (1) and three (3) hours duration an employee will be paid for actual attended hours and the minimum four (4) hour call will not apply. In addition [for training sessions of less than four (4) hours] the employee will be paid the customary per kilometre allowance currently paid to employees attending meetings.
8. Grievance Procedure
In order to avoid industrial action in relation to any grievance or dispute, the parties to the grievance or dispute will take all reasonable steps to ensure that the following procedure is followed responsibly and expeditiously:
(a) If an employee has any problem or concern in relation to an aspect of employment, the employee shall in the first instance discuss the matter with the employee's supervisor who will endeavour to resolve the issue expeditiously.
(b) Any unresolved matter shall then be referred to the department head. This can be done by the employee or the employee and a union job delegate.
(c) Should the dispute still remain unresolved, appropriate assistance should then be sought from the plant manager and, if necessary, an official of the union concerned.
(d) In the event of no agreement being reached, the dispute shall be referred to the Commission.
Where a dispute involves either party seeking to change an existing agreement or practice, the existing condition shall continue to prevail either until the dispute is resolved or until the parties have exhausted all steps in the above procedure. A decision made by the Commission shall, subject to rights of appeal, determine the dispute.
9. Conditions of Employment
(a) Contract of Employment
The parties agree to comply with the conditions contained in this award, any agreements to changes reached with the employee and/or the union and company policies and procedures which have been properly conveyed to employees.
(b) Engagement
Employees may be engaged as:
(i) Casual, or
(ii) Weekly, on a full time or part time basis,
on either day work, five day shift work or seven day shift work.
This shall not prevent a weekly employee being engaged on an employment contract for a fixed period.
In the case of permanent employees the engagement shall be subject to a three month probationary period, during which performance will be reviewed and if not to the satisfaction of the employer the employee's service will be terminated with notice (see paragraph (c)(i) hereof).
Provided that casual employment for full weekly hours shall be counted as part of the probationary period.
Any employee having completed a three month probationary period whose employment is terminated and who is then subsequently re-engaged within a six month period will not lose entitlement to sick leave and long service leave accrued during the probationary period and will not be subject to a further probationary period.
(c) Termination of Employment with Notice:
(i) Casual employees - either party may terminate employment with one hour's notice or by payment of one hour's wages in lieu thereof.
(ii) Permanent employees - employment may be terminated by either party with the following notice, or by payment or forfeiture of wages in lieu, for part or all of the notice not given or worked:
|Period of Continuous Service |Period of Notice |
|1 year or less |1 week |
|1 year and up to the completion of 3 years |2 weeks |
|3 years and up to the completion of 5 years |3 weeks |
|5 years and over |4 weeks |
In addition, employees over 45 years of age at the time of giving notice with not less than two years' continuous service, shall be entitled to an additional week's notice.
(d) Termination of Employment Without Notice
(i) Employment may be terminated without notice for serious or wilful misconduct.
(e) For acts of minor misconduct or minor breaches of safety and health requirements the following procedure will be adopted:
(i) A reprimand will be used when fully trained employee has a lapse in performance e.g. lateness absenteeism or breach of Plant rules.
(ii) A First or verbal warning follows at least one reprimand and will clearly imply that more drastic action will follow further incidents of poor performance or unacceptable behaviour.
(iii) A written warning will follow the verbal warning and will clearly state that further disciplinary action will occur if poor performance or unacceptable behaviour continues.
(iv) Final written warning follows a written warning and is a last chance; confirmation will be given in writing.
(v) Notice of dismissal - Dismissal will occur following a further breach of conduct after a final warning has been issued.
(vi) If an employee has only one warning in their file within a twelve month period then that warning will be removed from their file
(vii) An employee may have a Union delegate or another employee of their choice present during this process.
(f) Stand Down
(i) The employer recognises that every effort shall be made to provide an employee with a full week's work for each week of the year. However, the employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike, or through any substantial breakdown, or any stoppages of work for any cause for which the employer cannot be reasonably held responsible.
(ii) Where the company stands down employees, pursuant to the provisions of subclause (i) those employees shall be paid for the balance of the shift on which they are working when notified of stand down.
(iii) If an employee is not notified of a stand-down either at work on a previous shift, or at home, and reports for work the employee will be paid for that full shift.
(g) Abandonment of Employment
(i) The absence of an employee from work for a continuous period of three working days without notification to the employer will be prima-facie evidence of abandonment of employment.
(ii) Provided that if within fourteen days of the last attendance at work the employee can establish that the failure to notify was due to circumstances beyond that employee's control, such abandonment shall not have occurred.
(h) Work to be Performed
(i) All employees agree to work as directed and the Company will comply with Occupational Health and Safety and other legal requirements. Such direction shall take into account the employee's skills competence and training and shall include, where appropriate, the use of tools and equipment. Such direction shall not be aimed at promoting de-skilling.
(ii) An employee, who accepts nomination by the company, shall become a member of the emergency team and shall attend training sessions as directed. All employees who are members of the ERT shall be available to perform five and seven day shift work if so required by the company.
(i) Ordinary Hours of Work
(i) During the period of the award a formalised review group and process will be established to consider shift pattern alternatives (8 hours permanent cycle shifts) including impact on personal, family life and work performance.
(ii) Ordinary hours of work shall be scheduled not to exceed an average of 38 hours per week in any work cycle.
(iii) Except for a meal break, no employee shall be required to work his ordinary hours of any one day in broken periods.
(iv) For a 10 and 12 hour shift workers at least ten hours shall lapse between an employee’s ordinary hours of work on one day or shift and the next. Any absence to enable the ten hour break to occur shall be without loss of pay. If the employee is instructed to return to work without the ten hour break he/she is to be paid at overtime rates until released for a ten hour break.
(v) For other employees at least eight hours shall lapse between an employee's ordinary hours of work on one day or shift and the next. Any absence to enable the eight hour break to occur shall be without loss of pay. If the employee is instructed to return to work without the eight hour break he/she is to be paid at overtime rates until released for an eight hour break.
(vi) The employer shall in consultation with employees establish the ordinary hours for day work and for day shifts and other shifts. The employer shall prepare a roster setting out the commencing times of ordinary working hours of shifts and those times shall be as regular as practicable.
(vii) The shift roster (i.e. roster sequence, shift hours and days) may be altered at any time by mutual agreement. Where agreement is not reached, the following notice periods shall be given:
1. Seven days' notice where the roster is temporarily altered or where an employee temporarily changes shifts in the roster for training purposes or to relieve an absent employee; if because of circumstances beyond the control of the employer seven days' notice cannot be given the first shift worked shall be paid at double rates.
2. Twenty eight days’ notice where the shift roster is permanently altered or where an employee changes shifts in the roster permanently.
(viii) Employees undertake to be at their appropriate workplace to commence work at their nominated start time and to work until their nominated finish time.
(ix) Ordinary hours work shall be restricted to a maximum of twelve hours in any one day and further restricted for day workers and five day shiftworkers as outlined in the definitions (see clause 18 of this award).
The roster shall be drawn up so as to accumulate a maximum of two hours per week towards an RDO, averaged over the roster cycle.
The company and the union agree to investigate and confer upon shift patterns during the life of this award.
(j) Rostered Days Off (RDO's):
(i) Where in any particular week in a roster cycle, ordinary hours are more or less than 38, an adjustment shall not be made to that week's pay. Instead, the additional hours or shortfall shall be credited or debited as the case may be, to the employee's accumulated entitlement to rostered days off. Such entitlement may be accumulated by the employee up to a maximum of 100 hours. The company and union agree to co-operate in the management of total hours.
(ii) The accumulated time shall be taken by the employee as a rostered day off. (RDO). Such an RDO shall be taken at a time or times mutually agreed upon and shall be paid for as if the employee had worked the scheduled ordinary hours for that day. Similarly the accumulated time shall be reduced by the scheduled ordinary hours for that day.
(iii) An employee who works on an RDO may choose to be paid for the RDO plus overtime rates for the time worked, or be granted a substitute day at a mutually agreed time.
(iv) On application to the company accrued RDOs may be paid out at ordinary time.
(k) Accumulated Days Off (ADO's)
(i) By mutual formal agreement between management and the employee overtime hours worked may be credited to an employees ADO bank for a specified purpose on the following basis.
Base hours credited to ADO accrual at ordinary time
Penalty payment for overtime hours shall not be accrued and will be paid in the current pay period
(l) Meal Breaks and Rest Periods
(i) All employees other than shift workers shall be entitled to the following breaks including washing and walking time:
1. A 30 minute unpaid meal break to be granted within six hours of the employee's scheduled ordinary starting time.
2. Two additional rest periods, paid for and counted as time worked, each of 15 minutes duration, to be taken one prior to and one after the meal break on each eight hour shift.
3. An employee who returns to work during their meal break, at the request of the company, shall be paid a 30 minute penalty payment. Such employee will be entitled to a 30 minute meal break after carrying out the requested work.
(ii) Shift workers shall be entitled to the following breaks including washing and walking time:
1. A 30 minute paid meal break to be granted within six hours of the employees scheduled ordinary starting time.
2. Three additional rest periods for 12 hour shift workers and 2 additional rest periods for 8 - 10 hour shift workers shall be, paid for and counted as time worked, each of 15 minutes duration with at least one break taken prior to and one break taken after the meal break on each shift.
3. An employee who returns to work during their meal break at the request of the Company will be entitled to a 30 minute meal break after carrying out the requested work.
(iii) In consideration of the 30 minute paid meal break provision, employees on shifts will:
1. Remain on site during the paid breaks. If an employee wishes to leave the site during a meal break, they must inform the Supervisor prior to leaving the site, and no payment will be made for the break.
2. Handover to the next shift on the job. Notwithstanding clause 9 (i) (viii), all employees covered by this award will be present and conduct a handover to the next shift on the job. This will include all incoming employees being at their workstation no later than 5 minutes before their rostered shift commences. The company will issue guidelines as to how to conduct an effective handover. This 5 minutes is unpaid time.
3. Notify a supervisor if a shift relief employee has not reported to take over the job.
(iv) The company may stagger and alter the times of breaks and rest periods in order to maintain production and to ensure continuous production through meal breaks and rest periods by the use of relief employees.
(m) Overtime
(i) An employee shall be required to work reasonable overtime.
(ii) Any time worked in excess of the scheduled ordinary hours on any one day shall be overtime.
(iii) Where an employee is required to work overtime not continuous with the completion or commencement of his or her ordinary scheduled work hours he or she shall be employed and paid for a minimum period of four hours at the overtime rate and work may be allotted to fulfil this four hours. This work may be in another department to one normally worked in.
Provided that at the employee's request he or she may be released from duty and paid for the actual time worked at overtime rates.
(iv) A 10 or 12 hour shift worker works more than three hours' overtime on site on call back continuous with the completion of or his or her scheduled ordinary working hours the employee shall be allowed a minimum of ten continuous hours' break prior to resuming work.
In the event of a call back such ten hour break may occur or may be granted either between the completion of ordinary working hours and the commencement of the call back period or at the end of the call back period.
Any absence to enable the ten hour break to occur shall be without loss of pay. If the employee is instructed to return to work without the ten hour break he/she is to be paid an additional amount of ordinary time until released for a ten hour break.
(v) Where other employees work more than three hours' overtime on site on call back continuous with the completion of or his or her scheduled ordinary working hours the employee shall be allowed a minimum of eight continuous hours' break prior to resuming work.
In the event of a call back such eight hour break may occur or may be granted either between the completion of ordinary working hours and the commencement of the call back period or at the end of the call back period.
Any absence to enable the ten hour break to occur shall be without loss of pay. If the employee is instructed to return to work without the eight hour break he/she is to be paid an additional amount of ordinary time until released for an eight hour break.
(vi) All overtime must be authorised. Unauthorised overtime will not be paid.
(vii) When the period of overtime requires an employee to work for more than four hours since the employee's last meal break or rest period, the employee shall be granted a fifteen minute crib break which shall be paid as time worked.
(viii) By mutual formal agreement between management and employee overtime hours worked may be credited to an employees ADO bank on the following basis:
Overtime base hours worked credited to ADO accrual at ordinary time.
Penalty payment for overtime hours worked shall not be accrued and will be paid in the current pay period.
10. Entitlements
(a) The following entitlements will be allowed for all permanent full-time employees:
(i) Permanent part-time employees will receive pro rata payment for leave entitlements dependent on the proportion of the average number of hours worked per week to 38 hours.
(ii) Casual employees are not entitled to payment for leave entitlements other than for annual leave.
(b) Public Holidays
(i) The following days shall be public holidays for the purposes of this award:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, Picnic Day and any other day gazetted or proclaimed as a public holiday for the State or locality, in which a factory to which this award applies, is located.
(ii) It may be mutually agreed with an employee or all employees that a day other than the gazetted day be nominated and observed as the holiday.
(iii) Picnic Day shall be allowed and observed on a mutually agreed day.
(c) Annual Leave
(i) The provisions of the Annual Holidays Act 1944, which allows for four weeks' annual leave per annum shall apply.
(ii) Three (3) months’ notice shall be given of any planned shutdown. A shorter period of notice may be given following consultation between the company and the employees concerned.
(iii) Seven day shift work employees shall have an additional annual leave entitlement of one week's leave.
(iv) An employee will retain Annual/RDO/ADO leave of two weeks for five day employees and 3 weeks for 7 day employees to be taken in conjunction with planned shutdowns. In the case, where, over the period of a calendar year, the planned shutdowns do not require the total utilisation of reserved annual leave, the residual leave will revert back to the employee to be taken during that year, or in a subsequent year at a time mutually agreed between the employer and employee concerned."
(v) Employees will normally take whatever leave is required to cover plant shutdown periods. Should an employee have insufficient leave to cover the period, every effort will be made to find work for the employee during that time.
(vi) One week's annual leave is a week comprising 38 hours and an employee shall receive 38 hours' ordinary pay for each week of annual leave irrespective of that employee's shift roster cycle. The number of hours to be deducted from the employee's annual leave entitlement will be those hours due to be worked according to the roster applying when the leave is taken. Any difference between rostered hours and 38 hours will be debited or credited, as the case may be, to the employee's accumulated RDO hours in such a way that the accumulated hours balance shall not be negative at the end of the roster cycle.
(vii) Employees who transfer between 5 day shift and 7 day shift rosters (and vice versa) are entitled to have their different work patterns taken into account when annual leave loading is calculated.
Employees' leave loading shall be calculated on a pro-rata basis taking into account the varying shift patterns worked in the qualifying period for annual leave.
(viii) Annual leave will be used for the appropriate purpose. Leave will begin from the starting time of the first rostered shift off on annual leave and will cease at the commencement time of the first rostered shift after the annual leave period. No overtime will be worked by an employee during a period of annual leave.
(d) Long Service Leave
(i) Up to 31 December 2001 leave will accrue at the rate of 0.866 week per year of service. (13 weeks after 15 years service).
(ii) From 1 January 2002 leave will accrue at the rate of 1.3 weeks per year of service (13 weeks after 10 years service).
(iii) From 1 January 2002 pro rata leave will be available after the completion of 7 years service.
(iv) The remaining provisions of the appropriate Long Service Leave Act 1955 relating to long service leave shall apply.
(e) Sick Leave
(i) Employees will be entitled to 38 hours sick leave in the first year of service and 76 hours per year of service thereafter.
(ii) Sick leave may only be claimed upon the production of suitable evidence to support the claim. The company may require evidence in the form of a certificate from a medical practitioner.
(iii) Sick leave may not be claimed for an RDO, or where a worker is entitled to workers compensation payments.
(iv) Sick leave may not be claimed during periods of other leave, but may be claimed in lieu of annual leave where an employee produces a medical certificate proving that he/she was unfit to perform normal duties for a period of five or more consecutive days during his period of annual leave.
(v) Where an employee is absent from his/her rostered shift immediately prior to or following a public holiday or RDO a medical certificate or statutory declaration must be produced providing reasons for the absence, otherwise no sick leave may be claimed.
(vi) Unclaimed sick leave will be fully cumulative.
(vii) Sick leave may also be used, where available, to enable an employee to provide care or support for an immediate family member.
An application for leave of this nature must be supported by the same suitable evidence as would apply to an absence by the employee.
(f) Bereavement Leave
Employees shall be entitled to a maximum of three days of bereavement leave without loss of pay on the production of satisfactory evidence on occasion of the death of any one of the following family members:
Husband or wife including de facto; father, stepfather or father-in-law; mother, stepmother or mother-in-law; brother or stepbrother; sister or stepsister; child or stepchild; grandmother or grandfather or grandchild.
(g) Jury Duty
Employees, excluding casual employees, required to perform jury service during his or her scheduled ordinary work hours shall be granted leave of absence without loss of pay but shall in turn be required to reimburse the company all jury fees received.
(h) Trade Union Training
Union job delegates may without loss of pay be allowed once per annum up to five days' absence, or once per two years up to ten days' absence, to attend agreed trade union training courses at an agreed time. Such requests must be made in advance as agreed between the parties.
(i) Protective Clothing
(i) The company will provide all employees with suitable protective clothing, footwear and equipment as may be necessary in the course of the employee's job.
(ii) The company will launder and replace as necessary protective clothing at its own expense and will replace protective footwear and equipment as necessary upon return of used items.
(iii) Employees undertake to wear all such issued protective clothing, footwear and equipment as instructed and necessary in the course of their duties and to take reasonable care of such items.
(iv) Such equipment is not to be removed from site unless so authorised by the company.
11. Parental Leave (Unpaid)
Employees shall be entitled to Parental Leave in accordance with the relevant decision of the Commission.
12. Career Path Work Levels
A training and classification system, based upon operational needs has been developed. The levels of work and proficiency requirements are set out in Appendix II of this Award.
The classification structure is reflected in a wage system which recognises and rewards employees’ applied skills, abilities and performance, in line with the needs of the business.
13. Wage Rates
(a) Wage Rates
Employees shall be classified in accordance with the following structure and shall be paid the rates of pay set out in Appendix 3 to this Award:
|Product Technicians |Mechanical Tradespersons |Electrical Tradespersons |
|(Production/Resources/Kennels/QA) | | |
|Level 1 |Grade 4 |Grade 4 |
|Level 2 |Grade 3 |Grade 3 |
|Level 3 |Grade 2 |Grade 2 |
|Level 4 |Grade 1 |Grade 1 |
|Level 5A |Senior B |Senior B |
|Level 5B |Senior A |Senior A |
(b) All remuneration will be based on a composite wage rate. This rate will be calculated for each individual employee by adding together the employee's grade wage rate (GWR) and the all purpose allowances to which that employee is entitled. This composite wage rate will be called employee's gross rate (EGR). The GWR's are inclusive of all allowances of any nature except those specified in subclause (e) hereof.
(c) Apprentices
The minimum rates of wages to be paid to apprentices shall be as follows:
| |Percentage of weekly rate prescribed |
|Year |for Tradesperson base rate |
| |% |
|1 |50 |
|2 |65 |
|3 |80 |
|4 |92 |
(d) Casual and Part Time Employees
(i) Casuals will be employed after consultation with the Union. Where casuals are employed the following will apply:
In the case of casual employees GWR's will be increased by 20% for all purposes.
A casual employee called in to work shall be provided with a minimum of 4 hours' work
(ii) The parties recognise the need to use casual employees to cover site requirements. Casual employees will not replace, on a permanent basis, full time employees. Where a casual has been engaged for a period greater than 6 months, management and delegates will review the cause and nature of the position which the casual has filled.
(iii) Part time employees shall be paid a proportion of the weekly rate based on the proportion of the average scheduled ordinary hours worked per week to thirty-eight.
(e) Allowances
(i) Emergency team allowance - all employees appointed by the company to serve on the emergency team shall be paid an allowance based on 1.5% of Senior A Electrician GWR. This allowance is not for all purposes.
(ii) First aid allowance - all employees suitably qualified and appointed by the company to administer first aid shall be paid an allowance based on 2% of Senior A Electrician GWR. This allowance is not for all purposes.
(iii) Confined space allowance - all employees suitably trained and qualified and appointed by the company for Confined Space activities shall be paid an allowance based on 2% of Senior A Electrician GWR. This allowance would be withdrawn if the qualification or need lapses.
(iv) All shiftworkers shall be paid allowances for all purposes based on the employee's relevant GWR as follows:
| | |Percentage |
|(1) Five day shiftworkers: |On morning shifts |5 |
| |On afternoon shifts |15 |
| |On night shifts |25 |
|(2) Seven day shiftworkers: |On morning shifts |20 |
| |On afternoon shifts |30 |
| |On night shifts |40 |
|(3) In the case of shiftworkers on regularly rotating or alternating shifts an average allowance |
|based on the shifts involved will be paid for all purposes in lieu of the above allowances. |
(f) Overtime
(i) Time worked in excess of scheduled ordinary time is overtime and shall be paid for at a rate of 150% of the EGR for the first two hours worked and 200% of the EGR for the time worked thereafter on any one day. The appropriate shift penalty will apply.
(ii) Where overtime extends from one day into the next, such a period of overtime shall all be regarded as having been worked on the first calendar day for payment purposes.
(iii) Employees who work on public holidays, whether rostered to work or not, will be paid triple time or, by mutual agreement, double time plus one day in lieu which will be credited to the ADO bank.
(g) Annual Leave and Long Service Leave
(i) Casual employees will receive an additional payment of 1/12 of the hourly EGR for each hour of ordinary time worked in lieu of annual leave and do not receive long service leave.
(ii) Full time permanent employees, will receive leave payments based on the employees rosters operating at the time leave is taken. Annual leave will be paid at 117.5% of the EGR.
Part-time permanent employees, will receive pro rata payment per week of leave based on the EGR times the proportion of the average number of scheduled ordinary hours worked per week to 38, and in the case of annual leave will be paid at 117.5% of the EGR.
(h) Other Forms of Paid Leave
(i) Casual employees are not entitled to payment for other forms of leave.
(ii) Permanent part-time and full-time employees will receive 1 hour's pay based on the hourly EGR for each hour of scheduled ordinary time from which the employee is absent. Records will be reduced by a corresponding amount of time.
(i) Public Holidays
(i) A casual employee will not be paid for a public holiday unless the employee works such holiday. In such cases a casual will be paid at double time, however, the allowance set out in (d) (i) above shall not apply.
(ii) A day work or 5 day shift work employee will be paid:
7.6 hours pay if not rostered to work.
a full shift is pay if rostered to work but not required to work.
Where such employees are required to work on a public holiday payment shall be at the rate of triple time or, by mutual agreement, double time plus one day in lieu which will be added to the ADO bank.
Part-time employees will be paid in the proportion of the average number of scheduled ordinary hours worked per week to 38.
(iii) Seven day shift workers will be paid for each public holiday falling on any day of the week either triple time or, by mutual agreement, double time plus one day in lieu which will be credited to the ADO bank, for public holidays, whether rostered to work or not.
If not rostered to work - paid 7.6 hours.
If rostered to work but not required to work - a full shift's pay.
[Note: For the purposes of sub-clauses (ii) and (iii) "a full shift's pay" will be the hours worked depending upon the relevant shift roster.]
(iv) Employees recognise that if their rosters include work on public holidays they have an obligation to work if so requested.
(j) Workers Compensation
The provisions of the Workplace Injury Management and Workers Compensation Act 1988 appropriate shall apply.
(k) Time Record
Every employee shall use the electronic access system where installed to the plant and thus establish their attendance to/absence from the site. This will be linked to a time and attendance system for improved payroll processing and accuracy.
Note: Punctuality issues will be dealt with via the disciplinary process
(l) Payment of Wages
All employees will be paid weekly by direct deposit not more than three days in arrears into a bank or building society account, within the state of employment, nominated by the employee.
14. Productivity
(a) During the operation of the award the Consultative Committee and delegates with the involvement of employees will develop key performance indicators to assist in monitoring productivity improvements.
(b) The overall aim of this exercise is to make the company competitive thus ensuring the long term security of employment and viability of its operations.
(c) Performance will be reviewed on a regular basis with employees through the consultative arrangement and coordinated by the Consultative Committee and delegates.
15. Wage Increases
(i) The following wage schedule increases will apply:
| |% Increase |Effective |
|Year 1 |2 |1 January 2003 |
| |3 |1 July 2003 |
|Year 2 |2 |1 January 2004 |
| |2 |1 July 2004 |
|Year 3 |2 |1 January 2005 |
| |3 |1 July 2005 |
These wage increases are contingent upon the fulfilment of the criteria listed in clause 15(ii)
(ii) Criteria For Wage Increase
1. The continued improved performance payments are subject to agreement at the Factory that continuous improvement in the Factory performance is occurring. Evidence of this will be as follows:
(a) Positive movement in the Factory's KPIs.
(b) Agreement by all parties of changes required to improve the business.
(c) The resolution of disputes through and by adherence to the disputes procedure.
(d) Satisfactory performance of the site training and consultative processes.
(e) Other issues that may be raised by Employees, the Union or the Company.
(f) No extra claims for wages or conditions made on the Company.
2. This evidence shall be considered at the Factory 3 months prior to the due date and where progress is unsatisfactory, the reasons for this will be examined and a plan put in place to correct any problems.
3. Where, on the due date, performance is still unsatisfactory, the Company reserves its right to defer a payment for a period.
Where, the Union disagrees with this decision it can pursue the issue through the disputes procedure.
(iii) Increase for Handovers:
Further, in recognition of effective handovers, a further 1% wage increase shall apply. This wage increase shall be effective from 1 January 2003.
16. Right of Entry
Officials of the National Union of Workers, NSW Branch, holding current accreditation shall be permitted at reasonable times and by prior arrangement with the employer to enter the employer's premises without disturbing the normal production processes for the purposes of interviewing members and conferring with the employer and other purposes authorised under the Industrial Relations Act 1996.
17. No Extra Claims
No claim will be made except where consistent with the Principles issued from time to time, by the Commission. This shall not prevent claims being made within two months of the expiration of this award for the purpose of negotiating a new award.
18. Definitions
(i) Casual employee is one hired as required by the hour.
(ii) Weekly paid employee is:
(a) One whose ordinary scheduled hours of work average 38 hours per week;
(b) A part-time employee whose ordinary scheduled hours of work average a fixed number less than 38 hours per week.
(iii) Day work employee is one whose ordinary scheduled hours of work fall between 7.00 am and 8.30pm, Monday to Friday inclusive.
(iv) Five day shiftwork employee is one whose ordinary scheduled hours of work commence anytime, Monday to Friday inclusive.
(v) Seven day shiftwork employee is one whose ordinary scheduled hours of work commence any time, any day of the week.
(vi) Afternoon shift is a shift where the scheduled ordinary hours of work finish after 7.00pm and at, or before, 2.00 am.
(vii) Night shift is a shift where the scheduled ordinary hours of work finish after 2.00 am and at or before 10.00 am, or where the scheduled ordinary hours of work commence between 7.00pm and before 7.00 am.
(viii) Morning shift is a shift where the scheduled ordinary hours of work finish after 12.00 noon and at, or before, 7.00pm, except where such scheduled ordinary hours commence after 7.00pm and before 7.00 am.
(ix) "Mechanical or "Electrical Tradesperson" means an employee mainly engaged in the installation and maintenance of the plant.
(x) "Scheduled ordinary hours of work" may be changed through mutual agreement between the Company, the Union and the employees affected. Any such mutual agreement shall be contained in an exchange of letters between the company and the union.
19. Production Work By Other Parties
Where production is to be done by co-manufacturers or co-packers, the Company will advise the employer they are required to comply with appropriate award requirements.
There shall be consultation between site management and employees in conjunction with delegates over the use of co-manufacturers or co-packers to perform work at the factory. Where the work is to be performed on site, such employers shall be notified their employees are to be paid at least equivalent to current site rates.
20. Union Recognition Clause
(a) All employees subject to this award shall be given the opportunity to join the NUW.
(b) All new employees shall be introduced to their shift NUW delegate during induction.
(c) Upon authorisation by the employee, the Company shall deduct union levies from the employee’s pay.
21. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
Notes:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
22. Superannuation
Following advice from the individual employee, employer superannuation contributions in respect of Occupational Superannuation may be made to the following funds:
Nestle Australia Group Superannuation Fund (NAGSF)
Labour Union C0-operative Retirement Fund (LUCREF)
Superannuation Trust of Australia (STA)
Clerical Administrative and Related Employees Superannuation Fund (CARE)
Meat Industry Employees Superannuation Fund (MIESF)
Or any other fund agreed to by the employer and an employee.
Appendix 1
RDO INTERIM AGREEMENT
Commencing January 1 2003, the parties to this Award agree to the following:
(i) A roster cycling/operating over 3 weeks at 12 hours per shift and averaging 38 hours per week.
(ii) Using the current roster employees will finish work after 6 hours on the Friday night shift to average their 38 hours per week. Any time worked in excess of the 38 hour average will be paid as overtime.
(iii) The roster in (i) and (ii) will operate for a 3 monthly period, after which it will be reviewed by the company and employees. This review process may occur at the request of either party and will involve but not be limited to the following considerations:
Current and projected volumes - in particular the number of operational days to meet forecasts and;
Past, current and projected overtime and levels.
Should the arrangements outlined in (i) and (ii) above come to an end, conditions will revert to Award provisions.
(iv) Where mutual agreement is not reached by either party after the three month trial, conditions will revert to Award provisions.
(v) With respect to RDO’s and rostering, nothing in the foregoing subclauses prevents the majority of employees and the company from reaching an alternative arrangement within the scope of this Award, by agreement.
Appendix 2
GUIDELINES RELATING TO THE BLAYNEY TRAINING PLAN AND CLASSIFICATION LEVELS (2002)
The Levels
Level 1
Defined as the initial probationary period for a new employee. An employee at this level must complete Core Units. After induction is completed, a Level 1 employee can be doing prep training for a Level 2 proficiency already identified.
An employee would nominally be on this level for a period of 3 months prior to progression to next level.
Level 2
An employee at this level would be assessed proficient in 1 operating job. Additional operating jobs will be assessed in preparation for level 3. (*See note on prep training). All Level 2 Core units must be completed.
An employee at this level will be required to train others when requested in core units and proficiency.
Prep Training Level 2 - Training must fit into defined training plan and is recorded by trainers as such.
An employee would nominally be on this level for a period of 9 months prior to progression to next level.
Level 3
An employee at Level 3 would be assessed proficient in 3 operating jobs in accordance with a defined training plan. Additional operating jobs may be assessed in preparation for level 4 (*See notes on Prep training). All Level 3 core units must be completed.
An employee at this level will be required to train others when requested in core units and proficiencies.
Prep Training Level 3 - Upon selection by Shift Manager, in consultation with trainers and according to numbers approved by management, prep training can be outside of area. This must fit into defined training plan and is recorded by trainers as such. Training would fit into the "L" plates/buddy training category.
There is no nominal duration at this level, as progression to the next level is based upon: (1) availability of role(s); (2) selection and appointment by company.
Level 4
A level 4 employee is company appointed. An employee at this level would be assessed proficient in 5 operating jobs in accordance with a defined training plan. (*See notes on prep training). All Level 4 Core units must be completed. Significant blocks of time in relief operating positions. All Level 3 requirements apply to a Level four position.
An employee at this level will be required to train others when requested in core units and proficiencies.
Prep Training Level 4 - In addition to 5 operating jobs, upon request from the individual and approved by the company, an individual may undertake training to perform additional operating jobs in any area.
There is no nominal duration period at this level as progression to the next level is based upon: (1) availability of role(s); (2) selection and appointment by company.
Level 5
A Level 5 employee is company appointed. The focus of this role is leadership of people and coordination of resources and activities. The role will also require operating & core tasks, in particular relieving.
An employee at this level will be required to train others when requested in core units and proficiencies.
Prep Training Back-up - Work Coordinator. Must have 5 proficiencies identified. If you are currently back-up from outside the area then your identified 5 proficiency matrix must include at least 2 proficiencies identified from the area in which you are performing the back-up role.
Note:
Operators will have key focus and identified 2nd & 3rd jobs. These may be operating or pre-requisite tasks/functions and will rotate after a defined period of time. This will enable the operator to achieve stability in order to hone skills and provide a higher opportunity for him/her to make a lasting and positive contribution to the workplace. This focus will rotate in order to spread the opportunities in a planned way.
All the above is worded on the assumption that the bulk of training is completed (say in 2yrs). Until then gap training plans need to be allowed for.
Due to the specialised nature of the Pet Care Centre, QA and Hygiene team roles, these are specifically defined.
A back up QA tech will be an identified proficiency as part of the 3 or 5 proficiency matrix model as detailed in individual training plans. That is "Back up QA Tech" is not the same role as a QA Tech.
For existing employees, training will take place in operating jobs as detailed in individual training plans.
All levels can and/or will be required to perform "basic pre-requisites" in any part of the factory's operation.
Typically the number of people in training over the next year will be 3 people in packaging/logistics and 2 in manufacturing. Typically there will be no more than 2 people on a shift on "L" Plates, with the balance on "P" plates. (See notes on "L" plates/ "P" plates).
"L" Plates / "P" Plates
Generally training will be divided into 2 approaches:
1. "L" Plates - An employee learning a new skill will require focussed and personalised support during the introductory stages. Generally this will involve buddy training and immediate access to assistance for the trainee. Upon successful assessment of "L" plate standard, the trainee will then progress to "P" plate status.
2. "P" Plates - This is predominantly on the job training that typically involves detailed instruction, followed by periods of relatively independent application to develop skills whilst maintaining access to trainers for advice and guidance.
Typically 3 months to become proficient in an unfamiliar operating job
Ongoing training - Commitment to Continuous Improvement. From time to time Quality, Safety and Operating Knowledge standards develop & improve. This will require ongoing and supplementary training and will apply to all levels.
General Notes
All personnel will be given the opportunity to progress to Level 3.
If a process in your 3 or 5 proficiency matrix is removed then you will need to train in an additional proficiency as defined by your new training plan.
Higher Duties allowance will be paid when performing back-up Work Coordinator role only. Not whilst in training for this position.
Overtime. When on O/T, an Individual must be assessed to at least "P-plate " status before operating a line outside of his/her 3 or 5 proficiency matrix.
Level 3 proficiency’s can be across areas, but would generally be across Packaging/ Logistics, Manufacturing/Milling.
Level 4 proficiency’s can be across areas, but would generally be across Packaging/ Logistics, Manufacturing/Milling.
Pet care centre relief & Hygiene relief require pre-requisite training for these areas prior to relieving.
APPENDIX 3
WAGE RATES
|Classification |Hourly |Weekly |Yearly |
| |$ |$ |$ |
|Level 1 |17.2767 |656.50 |34138.52 |
|Level 2 |17.9131 |680.70 |35396.40 |
|Level 3 |18.6388 |708.27 |36830.04 |
|Level 4 |20.0025 |760.10 |39525.20 |
|Level 5A |21.5277 |818.05 |42538.60 |
|Level 5B |23.6805 |900.03 |46801.56 |
|Fitters | | | |
|Grade 4 |20.1102 |764.19 |39737.88 |
|Grade 3 |20.9491 |796.07 |41395.64 |
|Grade 2 |21.5277 |818.05 |42538.60 |
|Grade 1 |22.6366 |860.19 |44729.88 |
|Sen B |23.5087 |893.33 |46453.16 |
|Sen A |24.4555 |929.31 |48324.12 |
|Electrician | | | |
|Grade 4 |20.9491 |796.07 |41395.64 |
|Grade 3 |21.7899 |828.02 |43057.04 |
|Grade 2 |22.6366 |860.19 |44729.88 |
|Grade 1 |23.5140 |893.53 |46463.56 |
|Sen B |24.3541 |925.46 |48123.92 |
|Sen A |25.2956 |961.23 |49983.96 |
D. W. RITCHIE, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1703) |SERIAL C2178 |
BHP STEEL (AIS) PTY LTD SUPERVISORS AND TECHNICAL OFFICERS AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.
(No. IRC 4040 of 2003)
|Before Mr Deputy President Grayson |31 July 2003 |
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Anti-Discrimination
5. Procedure for Resolving Claims, Issues and Disputes
6. Redundancy
7. Area, Incidence and Duration
2. Title
This award shall be referred to as the BHP Steel (AIS) Pty Ltd Supervisors and Technical Officers Award.
3. Definitions
"Employee(s)" means person(s) employed by BHP Steel (AIS) Pty Ltd at Port Kembla Steelworks in the State of New South Wales employed at Level 1 or Level 2 of the staff category structure who is/are members of the Union(s) or is/are eligible to be member(s) of the Union(s).
"Company" means BHP Steel (AIS) Pty Ltd.
"Union(s)" means the industrial organisation(s) of employees known as The Australian Workers’ Union, New South Wales and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AMWU Technical, Supervisory and Administrative Division).
4. Anti-Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(ii) It follows that, in fulfilling his or her obligations under the dispute resolution procedure prescribed by clause 5 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.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in 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."
5. Procedure for Resolving Claims, Issues and Disputes
To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply:
(i) Departmental Claims, Issues and Disputes
(a) Employee(s) and/or delegate(s) of the Union (s) involved will place the claim, issue or dispute before the immediate supervisor, who will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.
(b) Failing agreement, the employee(s) and/or delegate(s) of the Union(s) involved will place the claim, issue or dispute before the superintendent or deputy. The superintendent or his/her deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If a reply cannot be given by the end of the superintendent’s or his/her deputy’s next ordinary working day, a progress report will be given.
(c) Failing agreement, the employee(s) and/or delegate(s) and/or official(s) of the Union(s) involved will place the claim, issue or dispute before the appropriate manager of the section involved, or his/her deputy. The claim, issue or dispute and all relevant circumstances relating to it shall then be fully reviewed by the management of the company and by the Union(s) involved, and reasonable steps shall be taken in an endeavour to resolve the matter.
(d) Failing agreement, the claim, issue or dispute shall be referred to the Industrial Relations Commission, if the Union(s) wish to pursue it further.
(e) The procedures in paragraphs (a), (b) and (c) of this subclause do not apply to claims, issues or disputes relating to genuine safety matters. In such matters the Company will undertake immediate investigations, including discussions with the employee(s) and/or delegate(s) and/or official(s) of the Union(s) involved. As necessary, the appropriate Government authority will be involved.
(ii) General Claims, Issues and Disputes
(a) The official(s) and delegate(s) of the Union(s) involved will place the claim, issue or dispute before the Company’s Industrial Relations Department, which will take all reasonable steps to reply as soon as possible.
(b) Failing agreement, the claim, issue or dispute shall be referred to the Industrial Relations Commission, if the Union(s) wants to pursue it further.
The provisions of this clause shall not affect in any way any other rights and duties of any party to this award pursuant to the Act or any other Act or at common law in relation to any matter.
6. Redundancy
(i) Application
(a) This clause shall apply in respect of full-time and part-time employees.
(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this award, 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.
(ii) Introduction of Change
(a) Employers' 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 employers 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.
(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) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.
(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(3) 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.
(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) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(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 subparagraph (1) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(3) 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.
(iv) Termination of Employment
(a) Notice for Changes in Production, Programme, 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) above.
(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 weeks 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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph (1) of paragraph (a) of subclause (ii) above.
(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 may be terminated by part of the period of notice specified and part payment in lieu thereof.
(3) 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.
(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 days time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes 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 clause had the employee remained with the employer until the expiry of such notice. Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employees 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 the Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) Department of Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.
(h) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employees 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.
(i) Severance Pay
(a) Where the employment of an employee is to be terminated pursuant to subclause (iv) above, 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:
(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 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 |
(3) "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances provided for in the relevant award.
(b) 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 paragraph (a) above.
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 paragraph (a) above will have on the employer.
(c) 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 paragraph (a) above if the employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause
Nothing in this award 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 arrangement, taken as a whole, between the union and any employer bound by this award.
7. Area, Incidence and Duration
This award is binding upon the Company, Union(s) and all employees of the Company as defined in clause 3, Definitions. This award shall take effect from the first full pay period to commence on or after 31 July 2003 and shall remain in force for two years.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
| (1312) |SERIAL C2183 |
SYDNEY LIGHT RAIL (STATE) AWARD 1997
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Rail, Tram and Bus Industry Union, New South Wales, industrial organisation of employees.
(No. IRC 4688 of 2003)
|Before The Honourable Justice Marks |9 September 2003 |
VARIATION
1. Delete clause 45, Safety Net Provisions, of the award published 13 March 1998 (303 I.G. 946), and insert in lieu thereof the following:
45. Safety Net Provisions
The rates of pay in this award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
(i) The following minimum rates of wages for adult employees shall take effect from the first pay period to commence on or after 26 May 2003.
|Grade |Former Weekly |SWC |Total Weekly |
| |Rate |2003 |Rate |
| |$ |$ |$ |
|Transit Liaison Officer Probation |498.00 |17.00 |515.00 |
|Transit Liaison Officer |535.00 |17.00 |552.00 |
|Customer Service Officer Level 1 |540.00 |17.00 |557.00 |
|Customer Service Officer Level 2 |573.00 |17.00 |590.00 |
|SLR Operator Grade 1 |605.00 |17.00 |622.00 |
|SLR Operator Grade 2 |627.00 |17.00 |644.00 |
|SLR Operator Grade 3 |640.00 |17.00 |657.00 |
|Operator Maintainer |672.00 |17.00 |689.00 |
|Controller Grade 1 |696.00 |17.00 |713.00 |
|Controller Grade 2 |722.00 |17.00 |739.00 |
|Maintenance Technician Level 1 |732.00 |17.00 |749.00 |
|Maintenance Technician Level 2 |757.00 |17.00 |774.00 |
|Maintenance Technician Level 3 |785.00 |17.00 |802.00 |
|Maintenance Technician Special |820.00 |17.00 |837.00 |
|Cleaner |528.00 |17.00 |545.00 |
|Office Administrator | | | |
|Grade 1 | | | |
|1st year |560.00 |17.00 |577.00 |
|2nd year |655.00 |17.00 |672.00 |
|3rd year |707.00 |17.00 |724.00 |
|Grade |Total Annual |Former Weekly |SWC |Total Weekly |
| |Wage |Rate |2003 |Rate |
| |$ |$ |$ |$ |
|Dual Controller |45,520.00 |920.00 |17.00 |937.00 |
|Controller |45,520.00 |863.00 |17.00 |880.00 |
|Trainee Controller |39,520.00 |806.00 |17.00 |823.00 |
(ii) Juniors - The minimum rates of wages per week for junior employees shall be as follows:
(a) Receptionists, stenographers, accounting machine operators, processing machine operators, typists, computer operators.
|Age |Former Weekly Rate |SWC 2003 |Total Weekly Rate |
| |$ |% |$ |
|At 17 years of age |241.76 |3.2% |249.49 |
|At 18 years of age |302.22 |3.2% |311.89 |
|At 19 years of age |361.62 |3.2% |373.19 |
|AT 20 years of age |402.20 |3.2% |415.07 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |8 |Special Weekly Allowance |23.97 |
|2 |18 |Meal Allowance (Overtime) |9.23 |
|3 |28 |First - aid Allowance |8.21 |
3. This variation shall take effect on the first pay period on or after 9 September 2003.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.
|(783) |SERIAL C2418 |
SOCIAL AND COMMUNITY SERVICES EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by Australian Services Union of N.S.W., industrial organisation of employees.
(No. IRC 2844 of 2003)
|Before The Honourable Justice Wright, President |8 October 2003 |
|Mr Deputy President Grayson | |
|Commissioner McLeay | |
VARIATION
1. Delete clause 29, State Wage Case of the award published 10 May 2002 (333 I.G. 344) and reprinted 2 August 2002 (335 I.G. 559) and insert in lieu thereof the following:
29. State Wage Case
29.1 The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Table 1 - Rates of Pay, and Table 2 - Allowances in Part IX - Monetary Rates, and insert in lieu thereof the following:
Part IX
MONETARY RATES
Table 1 - Rates of Pay
| |
|Community Services Worker Grade 1 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |24,524 |470.36 |12.38 |
|Year 2 |25,524 |489.54 |12.88 |
|Year 3 |26,524 |508.71 |13.39 |
| |
| |
|Community Services Worker Grade 2 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |28,324 |543.24 |14.30 |
|Year 2 |29,624 |568.17 |14.95 |
|Year 3 |30,924 |593.10 |15.61 |
|Year 4 |32,324 |619.95 |16.31 |
| |
|Community Services Worker Grade 3 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |33,537 |643.22 |16.93 |
|Year 2 |34,876 |668.90 |17.60 |
|Year 3 |36,215 |694.58 |18.28 |
|Year 4 |37,554 |720.26 |18.95 |
|Year 5 |38,996 |747.92 |19.68 |
| |
|Community Services Worker Grade 4 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |40,128 |769.62 |20.25 |
|Year 2 |41,364 |793.33 |20.88 |
|Year 3 |42,600 |817.03 |21.50 |
|Year 4 |43,836 |840.74 |22.12 |
| |
|Community Services Worker Grade 5 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |45,072 |864.44 |22.75 |
|Year 2 |47,132 |903.95 |23.79 |
| |
|Community Services Worker Grade 6 |
| |Per Annum |Weekly |Hourly |
| |$ |$ |$ |
|Year 1 |51,252 |982.97 |25.87 |
|Year 2 |54,342 |1042.23 |27.43 |
Table 2 - Allowances
|Item No |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |31.1 |First-Aid |7.97 per week |
|2 |33 |Motor Vehicle |1.59 per day |
| | | |0.50 per km |
3. This variation shall take effect from the first pay period to take effect on or after 6 December 2003.
F. L. WRIGHT J, President.
J. P. GRAYSON D.P.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(345) |SERIAL C2313 |
CHARITABLE INSTITUTIONS (PROFESSIONAL PARAMEDICAL STAFF) (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Health Services Union, industrial organisation of employees.
(No. IRC 5106 of 2003)
|Before Mr Deputy President Grayson |1 October 2003 |
VARIATION
1. Delete subclause 3.10, of clause 3, Salaries, of the award published 31 August 2001 (327 I.G. 399), and insert in lieu thereof the following:
3.10 The rates of pay in this award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:
(a) any equivalent overaward payments, and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
| | |SWC 2003 |Wage rate as from |
|Classification |Current rate |adjustment |1.10.2003 |
| |$/week |$/week |$/week |
|Scientific Officer - | | | |
|1st year of service |591.20 |17.00 |608.20 |
|2nd year of service |609.40 |17.00 |626.40 |
|3rd year of service |640.30 |17.00 |657.30 |
|4th year of service |677.10 |17.00 |694.10 |
|5th year of service |716.40 |17.00 |733.40 |
|6th year of service |755.30 |15.00 |770.30 |
|7th year of service |784.70 |15.00 |799.70 |
|8th year of service and thereafter |806.80 |15.00 |821.80 |
|Senior Scientific Officer - | | | |
|1st year of service |859.90 |15.00 |874.90 |
|2nd year of service |885.30 |15.00 |900.30 |
|3rd year of service |907.10 |15.00 |922.10 |
|4th year of service |929.00 |15.00 |944.00 |
|5th year of service |951.70 |15.00 |966.70 |
|6th year of service |980.40 |15.00 |995.40 |
|7th year of service |1,007.00 |15.00 |1,022.00 |
|8th year of service and thereafter |1,030.10 |15.00 |1,045.10 |
|Senior Scientific Officer In Charge | | | |
|In charge of a section of a | | | |
|laboratory - | | | |
|1st year |859.90 |15.00 |874.90 |
|2nd year |885.30 |15.00 |900.30 |
|3rd year and thereafter |907.10 |15.00 |922.10 |
|In charge of a laboratory of an | | | |
|agency having an ADA of less than | | | |
|200 ADA - | | | |
|1st year |929.00 |15.00 |944.00 |
|2nd year |951.70 |15.00 |966.70 |
|3rd year and thereafter |980.40 |15.00 |995.40 |
|More than 200 ADA - | | | |
|1st year |980.40 |15.00 |995.40 |
|2nd year |1,007.10 |15.00 |1,022.10 |
|3rd year and thereafter |1,030.10 |15.00 |1,045.10 |
|Principal Scientific Officer - | | | |
|1st year of service |1,060.50 |15.00 |1,075.50 |
|2nd year of service |1,084.50 |15.00 |1,099.50 |
|3rd year of service |1,110.70 |15.00 |1,125.70 |
|4th year of service |1,134.80 |15.00 |1,149.80 |
|5th year of service |1,159.60 |15.00 |1,174.60 |
|6th year of service |1,184.50 |15.00 |1,199.50 |
|7th year of service |1,209.30 |15.00 |1,224.30 |
|8th year of service |1,234.50 |15.00 |1,249.50 |
|9th year of service |1,259.10 |15.00 |1,274.10 |
|10th year of service and thereafter |1,284.80 |15.00 |1,299.80 |
|Trainee Scientific Officer - | | | |
|1st year of service |367.90 |17.00 |384.90 |
|2nd year of service |411.00 |17.00 |428.00 |
|3rd year of service |431.70 |17.00 |448.70 |
|4th year of service |479.50 |17.00 |496.50 |
|5th year of service |529.40 |17.00 |546.40 |
|6th year of service |569.90 |17.00 |586.90 |
|Medical Records Administrator - | | | |
|Grade 1 |582.40 |17.00 |599.40 |
|Grade 2 |592.60 |17.00 |609.60 |
|Grade 3 |602.60 |17.00 |619.60 |
|Grade 4 |612.20 |17.00 |629.20 |
|Grade 5 |625.30 |17.00 |642.30 |
|Grade 6 |636.40 |17.00 |653.40 |
|Grade 7 |648.90 |17.00 |665.90 |
|Grade 8 |678.80 |17.00 |695.80 |
|Nurse Counsellor - | | | |
|1st year of service |582.20 |17.00 |599.20 |
|2nd year of service |605.20 |17.00 |622.20 |
|3rd year of service |636.40 |17.00 |653.40 |
|4th year of service |664.60 |17.00 |681.60 |
|5th year of service |697.60 |17.00 |714.60 |
|6th year of service |724.70 |17.00 |741.70 |
|7th year of service |750.10 |15.00 |765.10 |
|8th year of service |770.30 |15.00 |785.30 |
|9th year of service |802.70 |15.00 |817.70 |
|Dental Officer | | | |
|On appointment - | | | |
|Less than 2 years service |680.00 |17.00 |697.00 |
|with 2 and less than 4 years service |729.10 |17.00 |746.10 |
|with 4 and less than 5 years service |776.10 |15.00 |791.10 |
|with 5 or more years' service |828.10 |15.00 |843.10 |
|on completion of 12 months on | | | |
|maximum of scale | | | |
|1st year |880.60 |15.00 |895.60 |
|2nd year |930.20 |15.00 |945.20 |
|Senior Dentist - | | | |
|1st year |959.70 |15.00 |974.70 |
|2nd year |988.20 |15.00 |1,003.20 |
|Dental Chairside Assistant - | | | |
|1st year of service |312.60 |17.00 |329.60 |
|2nd year of service |342.60 |17.00 |359.60 |
|3rd year of service |370.80 |17.00 |387.80 |
|4th year of service |403.80 |17.00 |420.80 |
|5th year of service |429.90 |17.00 |446.90 |
|6th year of service |462.70 |17.00 |479.70 |
|7th year of service |476.20 |17.00 |493.20 |
|8th year of service |484.20 |17.00 |501.20 |
|9th year of service |491.50 |17.00 |508.50 |
|Dietitians | | | |
|General Scale - | | | |
|1st year of service |609.40 |17.00 |626.40 |
|2nd year of service |640.30 |17.00 |657.30 |
|3rd year of service |677.10 |17.00 |694.10 |
|4th year of service |716.40 |17.00 |733.40 |
|5th year of service |755.30 |15.00 |770.30 |
|6th year of service |784.70 |15.00 |799.70 |
|7th year of service |806.80 |15.00 |821.80 |
|Grade 1 | | | |
|1st year of service |859.90 |15.00 |874.90 |
|2nd year of service |885.30 |15.00 |900.30 |
|Therapists (other than Speech | | | |
|Pathologists) Salaries - | | | |
|1st year of service |591.20 |17.00 |608.20 |
|2nd year of service |609.40 |17.00 |626.40 |
|3rd year of service |640.30 |17.00 |657.30 |
|4th year of service |677.10 |17.00 |694.10 |
|5th year of service |716.40 |17.00 |733.40 |
|6th year of service |755.30 |15.00 |770.30 |
|7th year of service |784.70 |15.00 |799.70 |
|8th year of service and thereafter |806.80 |15.00 |821.80 |
|Speech Pathologists - | | | |
|1st year of service |591.20 |17.00 |608.20 |
|2nd year of service |609.40 |17.00 |626.40 |
|3rd year of service |640.30 |17.00 |657.30 |
|4th year of service |677.10 |17.00 |694.10 |
|5th year of service |716.40 |17.00 |733.40 |
|6th year of service |755.30 |15.00 |770.30 |
|7th year of service |784.70 |15.00 |799.70 |
|8th year of service and thereafter |806.80 |15.00 |821.80 |
|Audiologists - | | | |
|1st year of service |576.50 |17.00 |593.50 |
|2nd year of service |599.40 |17.00 |616.40 |
|3rd year of service |630.80 |17.00 |647.80 |
|4th year of service |661.10 |17.00 |678.10 |
|5th year of service |693.40 |17.00 |710.40 |
|6th year of service |723.50 |17.00 |740.50 |
|7th year of service |749.80 |15.00 |764.80 |
|8th year of service |773.30 |15.00 |788.30 |
|9th year of service |802.30 |15.00 |817.30 |
|Psychologists - | | | |
|1st year of service |577.20 |17.00 |594.20 |
|2nd year of service |599.80 |17.00 |616.80 |
|3rd year of service |630.40 |17.00 |647.40 |
|4th year of service |660.00 |17.00 |677.00 |
|5th year of service |692.60 |17.00 |709.60 |
|6th year of service |723.00 |17.00 |740.00 |
|7th year of service |748.80 |15.00 |763.80 |
|8th year of service |801.50 |15.00 |816.50 |
|Clinical Psychologists - | | | |
|1st year of service |772.50 |15.00 |787.50 |
|2nd year of service |814.60 |15.00 |829.60 |
|3rd year of service |853.60 |15.00 |868.50 |
|4th year of service |896.10 |15.00 |911.10 |
|5th year of service |935.30 |15.00 |950.30 |
Table 2 - Other Rates and Allowances
|Item |Clause |Allowance |Amount |
|No. |No. | |1.10.2003 |
| | | |$ |
|1 |3.1 (d) |Qualification Allowance |32.20 p/wk |
|2 |3.8 (c) |Audiologist's Allowance |39.90 p/wk |
|3 |3.7 (c) |In Charge Allowance | |
| | |In charge of 1 to 5 other therapists of the same discipline |91.80 p/wk |
| | |In charge of 6 to 9 other therapists of the same discipline |123.20 p/wk |
| | |In charge of 10 to 19 other therapists of the same discipline |149.40 p/wk |
| | |In charge of 20 or more other therapists of the same discipline |176.10 p/wk |
|4 |3.7 (c) |Senior Assistant's Allowance |18.20 p/wk |
|5 |3.7 (c) |Location Responsibility Allowance | |
| | |Responsible for 4 to 5 other therapists of the same discipline |36.70 p/wk |
| | |Responsible for 6 to 9 other therapists of the same discipline |54.10 p/wk |
| | |Responsible for 10 or more therapists of the same discipline |67.40 p/wk |
|6 |3.7 (c) |Sole Therapist's Allowance |26.90 p/wk |
|7 |7.2 |Scientific Officers - On-Call Allowance |9.80 p/on-call |
|8 |7.3 |Therapists - On-Call Allowance |6.40 p/on-call |
| | | |31.90 p/wk |
|9 |7.4 |Medical Records Administrators-On-Call Allowance |6.40 p/on-call |
| | | |31.90 p/wk |
|10 |10.2 (a) |Breakfast Allowance |6.00 p/shift |
|11 |10.2 (b) |Evening Meal Allowance |10.00 p/shift |
|12 |10.2 (c) |Luncheon Allowance |8.00 p/shift |
|13 |21.2 |Travelling Allowance |0.526 |
| | | |p/kilometre |
|14 |22.3 |Uniform Allowance |1.66 p/wk |
|15 |22.4 |Laundry Allowance |0.94 p/wk |
3. This variation shall take effect from the first pay period to commence on or after 1 October 2003.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(759) |SERIAL C2417 |
NURSING HOMES &c., NURSES' (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by New South Wales Nurses' Association, industrial organisation of employees
(Nos. IRC 3069 and 3870 of 2003)
|Before The Honourable Justice Wright, President |18 September 2003 |
|Mr Deputy President Sams | |
|The Honourable Justice Boland | |
|Commissioner Bishop | |
VARIATION
1. Insert after subclause (i) of clause 19, Overtime, of the award published 22 January 1999 (308 I.G 45), the following new subclauses (ii) and (iii) as follows:
(ii) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.
(iii) For the purposes of subclause (ii) what is unreasonable or otherwise will be determined having regard to:
(a) any risk to employee health and safety;
(b) the employee’s personal circumstances including any family and carer responsibilities;
(c) the needs of the facility;
(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.
2. Renumber the existing subclauses (ii) to (x), of clause 19, to read as (iv) to (xii).
3. Delete Part B - Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
| | |Current Rate |Beginning of Full Pay Period to |
|Classification | |(as at 01.07.02) |commence on or after 27.08.03 |
| | |Per Week |Per Week |
| | | |6% |
| | |$ |$ |
|Assistant in Nursing/ | | |
|Trainee Enrolled Nurse | | |
|Under 18: |1st year |377.60 |400.30 |
| |2nd year |394.30 |418.00 |
| |Thereafter |410.00 |434.60 |
|Over 18: |1st year |445.40 |472.10 |
| |2nd year |459.70 |487.30 |
| |3rd year |474.10 |502.50 |
| |Thereafter |488.90 |518.20 |
|Enrolled Nurse: |1st year |547.00 |579.80 |
| |2nd year |558.70 |592.20 |
| |3rd year |570.80 |605.00 |
| |4th year |582.80 |617.80 |
| |Thereafter |595.00 |630.70 |
|Registered Nurse |1st year |619.90 |657.10 |
|General, M.R. |2nd year |653.70 |692.90 |
|Psych., Infants, |3rd year |687.40 |728.60 |
|Geriatric, |4th year |723.50 |766.90 |
|Midwifery |5th year |759.30 |804.90 |
| |6th year |795.20 |842.90 |
| |7th year |836.10 |886.30 |
| |8th year |870.50 |922.70 |
|Nursing Unit Manager (personal | | |
|to current occupants as at 01.03.99) | | |
|Level I |1st year |965.40 |1,023.30 |
| |2nd year |992.60 |1,052.20 |
|Level II | |1,017.00 |1,078.00 |
|Level III | |1,044.10 |1,106.70 |
|Nurse undergoing pre registration | | |
|assessment |534.50 |566.60 |
|Clinical Nurse Specialist |906.20 |960.60 |
|Clinical Nurse Consultant |1,070.20 |1,134.40 |
|Clinical Nurse Educator |906.20 |960.60 |
|Nurse Educator |1st year |965.40 |1,023.30 |
| |2nd year |992.60 |1,052.20 |
| |3rd year |1,017.00 |1,078.00 |
| |4th year |1,070.20 |1,134.40 |
|Senior Nurse |1st year |1,096.10 |1,161.90 |
|Educator |2nd year |1,118.50 |1,185.60 |
| |3rd year |1,155.90 |1,225.30 |
|Assistant Director of Nursing | | |
| | ................
................
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