BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 335, Part 3 26 July 2002 Pages 371 - 558
[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. 335, Part 3 26 July 2002
Pages 371 - 558
Page
Awards and Determinations
Awards Made or Varied
|Catholic Press Newspapers Company Pty Limited (State) Award 1995, The |(VSW) |547 |
|CGEA Transport Sydney Pty Ltd, Trading As Metro Monorail Enterprise (State) Consolidated |(VSW) |540 |
|Clerical and Administrative Employees (BHP Steel (AIS) Pty Ltd) |(VSW) |536 |
|Clerical and Administrative Employees (BHP Steel (JLA) Pty Ltd - Port Kembla) |(VSW) |538 |
|COM 10 Pty Ltd Enterprise Award 1998 |(VSW) |534 |
|Crown Employees (Department of Urban Affairs and Planning 1996) |(VIRC) |553 |
|Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2001 |(AIRC) |495 |
|Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and |(VIRC) |558 |
|Conditions | | |
|Friskies Pet Care, Blayney (State) Enterprise |(VIRC) |554 |
|Goldfields Water County Council Enterprise Award 1999/2000 |(VIRC) |551 |
|Journalists' (Cumberland Newspapers Pty Limited) |(VSW) |546 |
|Journalists (EMAP Australia Pty Ltd) (State) Award 1995 |(VSW) |542 |
|Journalists' Suburban Newspapers (State) |(VSW) |549 |
|Journalists, Etc. (Australian Consumers Association Limited) Award 1995 |(VSW) |544 |
|Kellogg (AUST) Pty Ltd Botany (NUW) Consent Award 2001 |(AIRC) |371 |
|Landcom (Conditions of Employment 2002) |(AIRC) |422 |
|LMHU and Tip Top Bakeries (NSW) Enterprise |(AIRC) |463 |
|Macquarie Generation Employees (State) Award 1999 |(VIRC) |555 |
|Woolworths Limited and Woolstar Pty Limited Yennora, Moorebank, D.C Award 2001 |(VIRC) |557 |
|(1096) |SERIAL C1248 |
KELLOGG (AUST) PTY LTD BOTANY (NUW) CONSENT AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Kellogg (Aust) Pty Ltd.
(No. IRC 7538 of 2001)
|Before The Honourable Justice Kavanagh |21 November 2001 |
AWARD
1. Arrangement
PART A
CLAUSE NO. SUBJECT MATTER
1. Arrangement
2. Introduction - A Partnership in a Quality Future
3. Title
4. Parties to Award
5. Operation
6. Purpose and Application
7. Declaration
8. No Extra Claims
9. Employment Security Policy
10. Entrance Probation Period
11. Terms of Engagement
12. Period of Notice
13. Casuals
14. Standing Down of Employees
15. Production Teams
16. Workforce Flexibility
17. Pay for Productivity
18. Hours
19. Shift Work Definitions
20. Shift Allowance
21. Shift Transfer Procedure
22. Salary and Payment of Salary
23. Meal Breaks
24. Meal Allowance
25. Absence from Duty
26. Coverage of Absences
27. Absence from the Worksite
28. Absence/Lateness/Leaving Early
29. Attendance at Communication/Training Programs
30. Safe Closedown of Processes
31. Annual Leave/Public Holidays
32. Annual Leave and Long Service Leave Rostering
33. Sick Leave
34. Employee Counselling and Corrective Guidance Procedure
35. Grievance/Disputes Procedure
35A. Anti-Discrimination
36. Summary Dismissal
37. Certificate of Service
38. Consultative Committee and On Site Union Activity
39. Voluntary Redundancy Policy
40. Long Service leave
41. Parental Leave
42. Family/Carers Leave
43. Bereavement Leave
44. Jury Service
45. Uniforms and Protective Clothing
46. Workers Compensation Procedures
47. Introduction of Change
48. Changes to Crewing Levels
49. Right of Entry
50. Kellogg Twenty-Five Year Club
51. Plant Shutdowns
Annexure Index
Annexure A - Use of Casuals for Cleaning of Machinery/Equipment
Annexure B - Guidelines for Conduct at the Kellogg (Aust.) Pty. Ltd. Botany Site
Annexure C - Kellogg (Aust.) Pty. Ltd. Training Program
Annexure D - Consent Award 2001 - Transitional Arrangements
Annexure E - Break Stations
Annexure F - Company Policies
Annexure G -Guarantee of Employee Entitlements
2. Introduction - A Partnership in a Quality Future
The parties to the Award, through active co-operation, will work to maintain the Company’s leadership position in the marketplace by ensuring the Company’s continued growth, by developing each individual employee to their potential.
Manufacturing employees at Botany are covered by a single Union. This relationship has many advantages including the opportunity for both parties to design a document, which builds a partnership for the future. As we move, jointly, to prepare this new guide for the future, we agree to adopt a new set of values:
Open communication, trust and co-operation amongst and between the workforce and management.
A personal integrity in our daily actions.
A respect for fellow employees.
Individuals, teams and management responsible for actions and results.
A major and consistent focus on the highest quality of manufactured goods.
Consistent and continuous employee development, through Company provided training.
Aim to become a low cost producer.
Freedom of choice for the individual.
Promotion of a team based organisation.
Participative attitudes, encouraging ideas, suggestions and innovation.
Understanding the imperative for change and its implications.
By adopting these values we ensure a viable operation with a high rate of investment return, thus enabling the plant’s growth and optimisation of productivity into the future, the improvement of working conditions, securing the future of all stakeholders and providing a quality life by sharing in the benefits of the Company’s growth.
3. Title
This Award shall be known as the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 2001.
4. Parties to Award
The parties to the Award are:
KELLOGG (AUST) PTY LTD
Swinbourne Street, Botany, NSW, 2019 ("the Company") and
THE NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH,
3-5 Bridge Street, Granville, NSW, 2142 ("the Union")
5. Operation
(a) The Award shall apply to the Company, the Union and its members employed by the Company at Swinbourne Street, Botany in the manufacture of ready-to-eat cereals.
(b) The Award shall bind both Company representatives and delegates of the Union representing the Union during the re-negotiation of the Award, together with any delegates subsequently elected to represent the Union during the term of the Award.
(c) The Award rescinds and replaces:
the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1999 published 15 December 2000 (321 I.G. 106) as varied.
(d) It is agreed that for the duration of the Award, the rates of pay, classifications and conditions of employment expressed within, are in substitution for all rates of pay, classifications and conditions of employment expressed in the:
I. Storemen and Packers - General (State) Award,
II. Starch and Condiment Makers &c (State) Award.
(e) During the term of the Award, any change in the Awards nominated at subclause (d) (i) or (ii) above that make them more favourable than this Award will be addressed as part of the Award renegotiation for the next term.
(f) For the life of this Award, State Wage Case Decisions will be flowed on in accordance with the principles of such Decisions.
(g) Any term or condition on which the Award is silent will be referred to the Consultative Committee in the first instance, and, if necessary pursued under the Grievance/Disputes Procedure.
(h) The Award shall continue in force for a period of twenty-four (24) months on and from 21 November 2001, and, after this period, until it is rescinded by the Industrial Relations Commission of New South Wales.
6. Purpose and Application
(a) The purpose of the Award is to:
I. provide a guide for the conduct of the everyday relationship between the Company and its employees,
II. provide guaranteed rates of pay and working conditions for employees and assured levels of production for the Company,
III. provide an environment where employees can develop and grow,
IV. provide a means of settling grievances and disputes without loss to production, in line with the Grievance/Disputes procedure, thereby promoting a climate of industrial peace.
(b) This Award applies only to employees employed by Kellogg (Aust) Pty Ltd in the manufacture of cereal products in the processing, packaging and materials handling departments.
(c) The parties will work to resolve disputes with the minimum delay possible and in the spirit of cooperation as set out in this Award.
7. Declaration
The parties declare that this Award has been negotiated so as to be in the interests of both parties and as such, the Award has not been entered into under duress.
8. No Extra Claims
It is a term of the Award, that during the currency of the Award, no party will raise any extra claim relating to variations in salary rates or other terms or conditions contained in the Award. However, the Company advises that wage increases can and will be approved, provided the following principles are adhered to:
(a) They are productivity based.
(b) They are mutually agreed.
(c) They are ratified by the Industrial Relations Commission of New South Wales.
All parties commit themselves to an Award renewal programme, which shall commence three (3) months prior to the expiry date of the existing Award.
9. Employment Security Policy
(a) The Company policy is to preserve employment. The parties recognise that over the course of time the mix of the jobs and skills required will change. In the event that an employee’s job is displaced by new technology or work methods, the employee will be offered an alternative position together with the requisite training.
(b) In the event that suitable alternative employment cannot be provided to employees who qualify for redundancy payments, the agreed redundancy provisions will apply.
(c) It is accepted that during the term of this Award resignations and retirements will take place. A decision on whether to fill any resulting vacancies will be reviewed by the joint Consultative Committee, based on the business situation existing at that time, however, notwithstanding any other provisions of this Award, the Company commits that, during the term of this Award, the total number of permanent positions available for employees covered by this Award, as agreed with the Consultative Committee and recorded in a document titled "Consent Award 2001- Crew Levels", will be maintained. A copy of this document is held by both the Company and the National Union of Workers.
10. Entrance Probation Period
During the first twelve (12) weeks of employment, either party may discontinue the employment by the giving of one (1) week’s notice, however each employee shall accrue all entitlements from the date of employment. The Company shall be entitled to pay such notice period in lieu of working.
An employee, during the first twelve (12) weeks of his/her employment, will be paid at the Induction salary rate.
The Company will not, at any time, use this provision as a method to hire temporary employees.
11. Terms of Engagement
Except during the first twelve weeks probation period, employees shall be engaged on a permanent basis.
12. Period of Notice
Both the Company and employees (other than a probationary employee) who wish to terminate their employment with the Company shall give notice in accordance with the following scale:
|Employee’s period of continuous service with the Employer |Period of notice |
|Less than 3 years |2 weeks |
|More than 3 years but not more than 5 years |3 weeks |
|More than 5 years |4 weeks |
Payment for such notice shall be based on the full monetary entitlements normally due to the employee, and where payment-in-lieu is made, the payment must equal the total of all amounts that would have accrued, if the employee’s employment had continued until the end of the notice period.
In the case of proven misconduct leading to termination of services, (other than in cases of summary dismissal), the Company will terminate such employee by use of the Employee Counselling and Corrective Guidance Procedure. Except in this case, resignation, voluntary redundancy and retirement shall be the agreed methods of severance.
If an employee chooses to leave employment prior to the completion of the notice period, it shall only be by mutual agreement with the Company.
During the notice period, resignation may only be withdrawn with the mutual agreement of the Company.
13. Casuals
(a) While it is not the intention of the Company to replace permanent, full-time employees with casuals, the Company shall have the right to utilise casuals to supplement crews in functions identified at subclause (g), and in cases where sufficient permanent operators are unavailable due to either planned or unplanned absences, or to satisfy short term business requirements, in the performance of other work covered by this Award.
(b) In order to properly cover such an eventuality, the Company shall arrange to train a pool of casuals in each area of operation. The training of casuals will be conducted by Kellogg staff members and/or other casuals with the appropriate skills. In the event that the training is conducted by a facilitator, essential facilitator duties may be performed by an appropriately accredited level 5 operator, providing that the level 5 operator remains as part of their system crew.
The training will be conducted on the job and the trainee will be supplementary to the agreed manning levels until the individual is deemed competent. Employees covered by this Award will not be required to train casuals.
(c) The Facilitator will be responsible for organising the work of such casuals although the casual will work as part of the team to which he/she is assigned. The Company recognises the skills of its ex-employees and, as such, preference will be given to suitable ex-employees who register their availability to work for the agency providing casual labour.
(d) Whilst performing tasks identified at subclause (h), shall be paid at Induction level hourly rates*. Whilst performing other work covered by this Award, casuals employed will be paid at Level Two (2) hourly rates*, however, when an ex-employee of Kellogg (Aust.) Pty. Ltd. is performing tasks other than those identified at subclause (h) on a casual basis, such ex-employee shall be paid at the hourly rate applicable to the salary level to which he/she was entitled on his/her last day of employment with Kellogg (Aust.) Pty. Ltd*.
*The above rates shall only apply where casuals are engaged on a weekly-hire basis by the Company-nominated outside agency. Where this is not the case, casuals shall be paid at the rate of $21.00 per hour for day shift and $23.50 for night shift, Monday to Friday. Casuals will be paid $23.50 per hour on Saturday and $31.50 per hour on Sunday.
(e) Casuals shall be engaged by the hour on a day-to-day basis. A minimum payment on any day of eight (8) hours will apply, except in cases where a late arrival of a permanent employee occurs. In such circumstances, the casual’s engagement may be discontinued, with no minimum payment to apply.
(f) Casuals will be provided by an outside agency.
(g) Casual work experience may continue to be available during Christmas school holidays, for sons and daughters of employees, strictly subject to business demands. These casuals may be selected by and employed through an outside agency, and paid at Induction level hourly rates.
(h) Casuals may be utilised to perform the following functions prior to the offering of overtime to permanent employees:
I. Pallecon filling/assembly/tipping,
II. Feeds,
III. Sultana addition,
IV. Material receival, fork lift driving, hand stacking,
V. Bulk packaging,
VI. Bag tipping, filling,
VII. Repack, rework, recycle,
VIII. Batch assembly and tipping,
IX. Cleaning machinery / equipment (as provided for at Annexure A),
X. Inserts,
XI. Quality Control Belt Inspections,
XII. Hand packing.
(i) Other than in circumstances provided for at subclauses 38 (k) and (l) of this Award, only after all permanent employees, including those available through the voluntary overtime roster, have been accounted for, will casuals be used to operate Jones Packing Lines, Processing systems, Alvey unitisers or the Silos and Bulk Handling Facility.
14. Standing Down of Employees
Although a rare eventuality, external factors such as acts of God, supply or distribution disruptions which are beyond the control of any party to the Award, may result in a protracted stoppage of production.
In these circumstances, the Company will, as a matter of policy, maintain earnings for at least two weeks from the resulting stoppage in production, but thereafter may have to directly stand-down employees.
If stand-down requirements are identified, the Company will apply to the Industrial Relations Commission of New South Wales for formal stand-down provisions.
15. Production Teams
The parties agree to continue working together, building on already agreed work methods and involving shop floor employees within their roster, to further the introduction, design and implementation of teams throughout the production facility. Progress will be continually reviewed by the Consultative Committee to the agreement of all parties.
16. Workforce Flexibility
Work covered by this Award may be performed by any employee covered by the Award who has the required skill and competence.
The guidelines covering the flexibility of operation shall be the safety of employees and other persons legitimately on site, the qualifications and the level of skill and competence of the employee involved.
An employee who is required by the Company to do work carrying a lower rate than his/her ordinary salary level shall suffer no reduction in pay in consequence thereof.
17. Pay for Productivity
The Pay for Productivity Scheme represents the best endeavours of both the parties to reduce manufacturing costs and share in the corresponding savings by achieving agreed goals outlined in the "Pay for Productivity Scheme - Consent Award 2001" document, which is held by the Company and the National Union of Workers.
The Pay for Productivity Scheme has evolved with the aim of developing initiatives that should benefit both the Company and it’s employees covered by this Award.
The parties agree to monitor the processes and outcomes of the Pay for Productivity Scheme towards these benefits. The parties further agree that the Pay for Productivity Scheme will be reviewed on an ongoing basis. The continuation of the Pay for Productivity Scheme in any subsequent Award can only be with the mutual agreement of both parties. The outcomes of the Pay for Productivity matrix agreed by the parties will be a contributing factor to any future pay increases of employees covered by the Award.
18. Hours
(a) Shift hours will consist of two shifts of twelve (12) hours duration, one day shift and one night shift.
(b) Actual hours worked shall average 42 hours per week.
(c) Day shift shall commence at 7:00am. Night Shift shall commence at 7:00pm. These times may be altered by mutual agreement between the Company and the Union.
(d) To ensure that operational matters existing at the shift-changeover times are communicated effectively to the oncoming shift, work teams shall decide on a shift changeover procedure, in consultation with the Manufacturing Development Manager.
(e) The shift rosters to be worked are as follows:
Day Shift
|WEEK |MON |TUES |WED |THUR |FRI |SAT |SUN |
|1 |On |- |- |On |On |- |- |
|2 |- |On |On |- |- |On |On |
Night Shift
|WEEK |MON |TUES |WED |THUR |FRI |SAT |SUN |
|1 |On |On |On |On |- |- |- |
|2 |- |On |On |On |On |- |- |
|3 |- |- |On |On |On |On |- |
|4 |- |- |- |On |On |On |On |
|5 |- |- |- |- |On |On |On |
|6 |On |- |- |- |- |On |On |
|7 |On |On |- |- |- |- |On |
|8 |On |On |On |- |- |- |- |
19. Shift Work Definitions
"Day Shift" means a shift of twelve (12) hours duration, commencing at 7:00am and concluding at 7:00pm.
"Night Shift" means a shift of twelve (12) hours duration, commencing at 7:00pm and concluding at 7:00am.
"Shift hours" means twelve (12) hour shifts worked on an average of 42 hours weekly, paid as 38 hours of ordinary time plus four (4) hours at double time and one half (2½). Employees will receive a minimum twelve (12) hour break between shifts.
"Crew" means: Crew A and B are the two day shift crews, C and D are the two night shift crews.
20. Shift Allowance
The annual salaries for employees covered by this Award shall attract the following shift allowances:
|Day Shift |6.0 % |
|Night Shift |29.5 % |
21. Shift Transfer Procedure
For shift transfers the following basis shall apply:
(a) All vacancies will be internally advertised.
(b) All applications must be in writing to the shift Facilitator or MDM, with a copy to be retained by the applicant.
(c) Selection will be based on the following criteria:
I. First preference will be given to employees within the system in which the vacancy occurs.
II. Where two or more employees who satisfy (I) above apply, the employee with the greatest length of continuous service will be chosen.
III. If there is no candidate from the system, second preference will then be given to an employee from another system.
IV. Of these candidates, length of continuous Kellogg service will determine who gets transferred.
V. Should there be no suitable applicants from within, the job may be advertised externally.
(d) All unsuccessful candidates shall be duly notified and shall have the right to re-apply for future vacancies.
(e) If an employee elects to transfer to a job in another system, then he/she will continue to be paid at the same rate of pay, but will be obligated to undertake all the required training, in line with the Training Policy.
(f) The Company requires that before a person can be transferred there must be a trained replacement for the transferee. This means that although the employee will fill the vacancy, there may be a delay in the transfer process if training of his/her replacement is needed. Transfer will occur within a maximum period of six weeks after a replacement is recruited and has commenced work.
(g) In cases where as a result of a redundancy, resignation, retirement, dismissal, death or total and permanent disablement there is an imbalance on a shift or a crew and no one volunteers to fill the vacancy, the junior employee on the roster and crew with excess employees (based on length of continuous Kellogg service) will be required to fill the vacancy. This employee will continue to be paid at the same rate of pay, but will be obligated to undertake the required training in line with the Training Policy and will be two (2) weeks pay in compensation for the inconvenience.
(h) When an employee is required to temporarily change from one rostered shift to another he/she shall be given at least five (5) calendar days notice of such change, or shall be paid at overtime rates for all time worked by him/her after such change until the expiration of five (5) calendar days notice.
(i) If an employee needs to change shift due to personal problems or hardship for a limited time, he/she may do so, provided the following criteria is complied with:
I. He/she finds someone with the same classification (within their own roster) to swap with.
II. The change is for a maximum of three (3) months.
III. The person may only change shifts once in any twelve (12) month period.
IV. It must be with the consent of the Facilitators and MDM’s of both rosters.
22. Salary and Payment of Salary
(a)
I. Salaries shall be paid at fortnightly intervals.
II. The annual salary shall include an amount of two thousand nine hundred and two dollars and seventy three cents ($2,902.73), representing the former roll-in factor under the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1996.
III. The annual salary shall be increased by 4.6% as from the commencement of the first full pay period following the approval of the Award by the Industrial Relations Commission of New South Wales. From the commencement of the first full pay period twelve (12) months after the approval of the Award by the Industrial Relations Commission of New South Wales, the annual salary shall be increased by a further 4.6%.
(b) Salaries shall be paid by Electronic Funds Transfer (EFT).
(c) Upon termination of employment, salary due to an employee shall be paid by the following working day.
(d) The Company may deduct from salary due to an employee such amounts as are authorised in writing by the employee.
(e) A record of annual salaries, including overtime rates, is held by the Company and the National Union of Workers.
(f) The Company will make representation to the appropriate bank if, for any reason, the EFT payment into the employee’s account is delayed.
23. Meal Breaks
Meal breaks shall consist of three (3) breaks of thirty (30) minutes each and shall occur over two (2) hour periods extending over the second and third hour, the fifth and sixth hour, and the ninth and tenth hour and shall be arranged by the Team, and shall include time for movement between the canteen and work assignment always ensuring that coverage is provided. It is accepted by the parties to this Award that during official meal breaks only, which are to be taken in the Company canteen, employees are entitled to avail themselves of "power naps".
24. Meal Allowance
An untaxed meal allowance of $66.71 per fortnight will be paid to each employee. This allowance shall be indexed to price changes in the Company canteen. The Company will provide notification of price changes to the Consultative Committee prior to the changes becoming effective.
25. Absence from Duty
When intending to be absent from duty, the employee will telephone the following numbers at least one (1) hour prior to commencement of his/her shift,
|Processing |(02) 9384-7690 |
|Packing/Materials |(02) 9384-7691 |
and provide the following information:
(a) Name.
(b) Bundy number.
(c) Roster.
(d) Reason for absence.
(e) Expected date of return.
Upon returning to work at the commencement of a new calendar year, the Company will issue each employee with a calendar detailing the absence reporting procedure.
Failure to notify the Company of any intended absence at least fifty-five (55) minutes prior to the commencement of the shift will result in the application of the Employee Counselling and Corrective Guidance Procedure, unless a satisfactory explanation is provided.
In the case of an un-notified absence the Company will endeavour to contact the employee and, in this regard, will seek assistance from the Union delegate.
If the employee remains absent for three (3) consecutive days, without advising the reasons to the Company, and attempts by the Company to contact the employee have been unsuccessful, then the employee will be deemed to have abandoned his/her employment and the employment may be terminated.
26. Coverage of Absences
The Facilitator will arrange to cover any short-term absence in their areas.
Coverage of such short-term absences shall be arranged by:
I. Utilising surplus employees.
II. Reassignment of qualified employees on shift.
III. Use of casuals in functions identified at Clause 13(h) of this Award.
IV. Utilising employees from the voluntary overtime roster. *
V. Use of casuals in the performance of other work covered by this Award.
*Voluntary Overtime Roster
I. Before commencing a period during which the employee is rostered off work, he/she will have the opportunity to register their availability for overtime for such period.
II. Should the employee be required to work overtime, he/she will be contacted by the Facilitator. If contact is not made, the overtime opportunity will be offered to the next employee listed on the roster. It is accepted that employees should report for work as soon as possible, but certainly within two (2) hours after contact has been made.
III. Employees who refuse to come in on two (2) occasions will not be eligible for overtime opportunities for a one (1) month period.
IV. At the time of contacting the employee, the Facilitator will inform the employee of the duration of the overtime being offered (minimum eight (8) hours), and the employee will be required to work for that period of time.
V. Employees working overtime will have the option of either,
(a) being paid for all overtime worked at the overtime rate, or,
(b) having the number of hours of overtime worked "banked" at the time, and taken as leave during plant shutdown periods.
VI. Individual employees will be limited to two (2) overtime shifts per fortnight. Employees cannot work more than five (5) shifts in a row.
27. Absence from the Worksite
If it is necessary for an employee to depart from the worksite for any reason during a working shift, then he / she must, prior to departure:
(a) Contact his/her Facilitator in conjunction with his/her team.
(b) Bundy off time clock.
(c) Change out of uniform.
(d) Notify Security when leaving the site as well as his/her Facilitator in conjunction with his/her team.
When the employee returns to the worksite he/she must:
(a) Notify Security upon return to site.
(b) Change into uniform.
(c) Bundy on.
(d) Contact his/her Facilitator/Team to advise of return.
While it is understood that in an emergency it may be necessary for parts of this procedure to be suspended, every effort will be made to contact the Facilitator/Team, and in any event, the absence must be reported to Security, who in turn shall notify the Facilitator.
If an employee does not follow the above procedure, the Employee Counselling and Corrective Guidance Procedure shall apply.
28. Absence/Lateness/Leaving Early
Introduction
The Company expects employees, and employees commit themselves, to report for duty as scheduled, so as to operate the Plant in the most efficient manner, provide work continuation and ensure that the workload is fairly distributed amongst all employees.
(a) For the purpose of this clause, absenteeism is defined as any unpaid time, which has not been approved previously by the Company.
(b)
I. An employee shall be responsible for notifying his/her Facilitator of any inability to attend for duty at least one (1) hour prior to the scheduled commencement of his/her shift, or otherwise in accordance with clause 26 of this Award.
II. An employee shall also be responsible for notifying his/her Facilitator of any anticipated lateness for duty, wherever practicable, prior to the scheduled commencement of the shift.
(c) In the event of an anticipated inability to attend for duty, employees shall have the flexibility to provide coverage for each other by swapping shifts with another employee from another Roster, provided that the substitute employee has the same skills, and, provided further, that no employee shall be permitted to work more than five (5) shifts in a row. Such shifts swaps must be approved in conjunction with the relevant Facilitator/MDM.
(d) In the event of anticipated lateness, employees shall have the flexibility to provide coverage for a maximum of one (1) hour, by swapping with another employee from another roster. Where coverage is provided under these circumstances, the twelve (12) hour break between shifts will not apply.
Such arrangements shall be approved by the appropriate Facilitator. No overtime will accrue for the employee staying the additional period.
(e) Employees in (c) or (d) who do not report for duty at the amended day or time, and substitute employees who undertake the relief duty, and do not attend for the full shift (as in (c), or until relieved (as in (d), shall be subject to the Employee Counselling and Corrective Guidance Procedure.
(f) Except in unforeseen circumstances, approval will not be granted for employees to leave work earlier than their normal finishing time, unless approved by the team members in conjunction with the Facilitator and coverage is provided by such team members.
(g) In the event of absences, where an employee is absent and has exhausted his/her sick leave entitlement, such employee will progress one step of the Employee Counselling and Corrective Guidance Procedure for each shift on which they are absent. In cases of employees being subject to this clause for being absent without pay, having exhausted their entitlements to sick leave, step three (3) will be the final counselling step, with step four (4) being dismissal. In cases of unauthorised leave without pay, no probationary period for counselling steps shall apply between anniversary dates. No employee shall be terminated as a result of this clause where they use their sick leave via the carers leave entitlement in accordance with this Award, or experience a serious and long term illness (as defined by Clause 33.C.(a) of the Award) resulting in their disablement for periods in excess of sick leave accruals.
(h) An employee who, over a period of six (6) successive months, either arrives more than thirty (30) minutes late, or leaves early on three (3) occasions shall be subject to the Employee Counselling and Corrective Guidance Procedure. Such lateness will be covered by the remaining team members.
(i) Pay will be deducted for unauthorised lateness or early departure in fifteen (15) minute (i.e, ¼ hour) increments.
29. Attendance at Communication/Training Programs
The parties agree that employees may be required to attend communication/training programs from time to time which will occur off-shift.
Subject to the following, attendance at the annual communication meeting will be compulsory, whilst attendance at off-shift training programs will be compulsory for up to forty (40) hours per twelve (12) months for all employees. Attendance at off shift training programs in excess of forty (40) hours per twelve (12) months will be voluntary. The Company will not schedule off-shift training on Saturdays and Sundays. Payment for attendance will be made at the overtime rate.
Where Training or communication commitments require an employee to attend sessions off their normal rostered working shift the company commits to:
(a) Provide the employee with seven (7) days notice either personally in writing or via notice boards.
(b) Structure Training/communication sessions to be of no more than eight (8) hours and no less than four (4) hours duration each day.
30. Safe Close Down of Processes
The Union agrees that, where, a stoppage of work takes place, it will ensure that all necessary steps shall be taken to safely close down all processes without loss or damage to food or production equipment.
Pay will be suspended for all employees from the time the Union notifies the Company of a stoppage of work, however, employees who assist in the safe close down of processes will be paid for all hours worked at their regular rates.
31. Annual Leave/Public Holidays
(a) Annual leave shall consist of seventeen (17) shifts.
(b) Payment for annual leave shall be calculated in accordance with the annual salary level for the employee concerned, and shall include shift allowance. In addition, an Annual Leave loading payment shall be paid at the rate of forty dollars ($40.00) per shift.
(c) An employee covered by this Award shall be entitled, without loss of pay, to all days listed below, to be taken on the day upon which the holiday actually occurs.
|Holiday |Date |Holiday |Date |
|New Year’s Day |1 January |Anzac Day |25 April |
|Australia Day |26 January |Queen’s Birthday | |
|Good Friday | |Labour Day | |
|Easter Saturday | |Christmas Day |25 December |
|Easter Sunday | |Boxing Day |26 December |
(d) The Company shall have the right to determine whether or not to operate on any of these days, and if deciding to operate the extent of operation. For employees, working these days will be on a voluntary basis whether rostered on or off. Seven days prior to the day the Company will post its intent to either operate the plant or to shut down for the period. If the plant is to operate, a work schedule and sign-up list for volunteers will be posted. First priority will be given to the crew that would be rostered on for the Public Holiday and then to the other crews based on qualifications, skills and competencies required. All the time worked on the abovementioned days will be paid at Overtime rates.
(e) For the purposes of calculating overtime payments for employees volunteering to work night shift on a Public Holiday, the "Public Holiday Shift" shall be the shift which commences at 7.00pm on the day of the Public Holiday, e.g., for Australia Day, the Public Holiday shift for night shift employees will be the shift which commences on the evening of 26 January.
(f) The night shift which commences at 7.00pm on the day preceding the Public Holidays nominated at sub-clause (d) above, will be a compulsory shift of twelve hours duration. For those employees working on this shift, the hours worked between midnight and 7.00am will be paid at the overtime rate.
(g) In cases where the Company decides to run production through the night shift "Public Holiday Shift" nominated at subclause (f) above, and an employee elects not to work the "Public Holiday Shift", after having worked the night shift immediately prior, the seven (7) hours between midnight and 7.00am will be paid at the normal salary, inclusive of shift allowance.
32. Annual Leave and Long Service Leave Rostering
Work teams shall be responsible for the management of Annual and Long Service Leave within their area, in consultation with the Facilitator and, where necessary, the Manufacturing Development Manager. The total number of employees on Annual Leave and Long Service Leave shall generally be restricted to 10% of each crew, by Department/Roster, at any one time, unless approved in advance by the Manufacturing Development Manager.
Applications for Annual Leave and Long Service Leave in excess of the 10% allowable limit may be approved on the basis that the employee taking the leave is able to be replaced for the period of leave by utilising casual labour. In such cases, notwithstanding the provisions of Clause 14 of this Award, casual labour may be utilised prior to the offering of overtime to permanent employees.
Employees must give the Company two (2) weeks notice of their Annual Leave and Long Service Leave plans, and, other than in plant shutdown periods, Long Service Leave must be taken in periods of not less than one month.
The Company recognises that unforseen circumstances may arise where unplanned Annual Leave may be required during the year. In such circumstances, application is to be made to the Manufacturing Development Manager for approval.
Disputes arising shall be determined by the Director of Operations and the appropriate Union Delegate.
33. Sick Leave
A. Annual Entitlement
An employee who is absent from his / her work on account of personal illness, shall be entitled to leave of absence, without deduction of ordinary pay inclusive of shift allowance, of up to ten (10) shifts per annum subject to the following conditions and limitations. The employee is required to notify the intended absence one (1) hour prior to the commencement of shift.
B. Entitlement Conditions
(a) An employee will inform the Company as early as possible before the start of his/her regular shift, of his/her inability to attend for duty and as far as practicable the estimated duration of the absence. Where an employee fails to notify the Company prior to the commencement of shift, without satisfactory explanation, he/she will lose claim to sick leave for the whole of such absence.
(b) He/she shall prove to the satisfaction of the Company that he/she was unable on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed. The Company will require a medical certificate from a qualified Medical Practitioner for more than one (1) consecutive shift absent, but at its discretion may accept a Statutory Declaration.
(c) Sick leave shall accumulate from year to year in accordance with the provisions of section 26 (1) (b) of the New South Wales Industrial Relations Act 1996.
C. Extended Sick Leave Provisions and Conditions
The Company is committed to the promotion of both the health and welfare of all its employees through education, training and the provision of modern health care facilities.
It is recognised however, that in some cases employees may experience serious and long-term illnesses resulting in their disablement for periods in excess of the reasonable sick leave accruals.
The conditions for Company approval of an extended sick leave application are as follows:
(a) The illness or disability to which the benefit will apply shall be one resulting in incapacity for a period of at least four weeks. The benefit shall not apply to any injury or disability which may be subject to a workers’ compensation claim, nor shall it apply in respect of any disability resulting in any claim for worker’s compensation irrespective of whether or not liability for the claim has been accepted or otherwise.
(b) In accordance with the Extended Sick Leave Benefit and subject to the approval of the Human Resources Director or Human Resources Manager, an employee will be entitled to the maintenance of his/her actual salary, exclusive of shift allowance, during illness up to a maximum period of thirteen (13) weeks in respect of any one period of illness or disablement. The operation of this subclause shall be subject to ongoing monitoring by the Company during the absence from duty. Any extension beyond thirteen (13) weeks shall be at the absolute discretion of the Human Resources Director.
(c) Application for assistance under this Policy may be made by an employee after a continuous absence of at least twenty-one (21) calendar days.
(d) Provided that the incapacity or disability extends beyond four weeks:
I. the benefit will become effective immediately after using Twelve (12) shifts of accrued sick leave or
II. in the case of insufficient leave accruals, an applicant shall be required to wait for up to twelve (12) shifts without sick pay to qualify for the benefit.
(e) All applications shall be accompanied by supporting medical evidence.
(f) It is a condition of the Policy that if any beneficiary under this Policy receives any lump sum settlement in the form of damages from any Third Party or which may result from other civil action in respect of the injury or incapacity for which a Benefit has been paid under the Policy the beneficiary shall reimburse the Company the value of the benefit so received.
34. Employee Counselling and Corrective Guidance Procedure
The role of counselling and discipline in the workplace should be corrective in nature. Discipline is aimed at obtaining compliance with the Company’s "Guidelines for Conduct " (see Annexure B).
The following procedure, which shall be used for all cases other than those warranting summary dismissal, is designed to encourage and improve good work practices, performance and individual conduct. The procedures also prescribe steps for guidance, and, in appropriate cases, taking disciplinary action.
The Objectives
(a) To encourage and improve good work practices, performances and individual conduct.
(b) To ensure that all matters relating to employee and management conduct are investigated properly, considered reasonably and are dealt with promptly and fairly.
(c) To ensure that every consideration has been given to correcting unsatisfactory performance or conduct.
(d) To ensure that, other than in cases of serious misconduct, severe disciplinary action is taken only as a last resort, following appropriate counselling and after formal warnings have been given.
Responsibilities
(a) This procedure is to be observed by Facilitators and Managers at all levels. It is management’s responsibility to make available and known to all employees as appropriate, the standard terms and conditions of their employment, and all rules and regulations relating to their work. Employees for their part are required to familiarise themselves with these documents and to comply with the prescribed Company rules and statutory regulations.
(b) Infringement of rules will be dealt with on an individual basis, and where appropriate, mitigating circumstances will be taken into account.
The Procedure
The employee shall be offered the opportunity to have the Delegate present at all steps of this procedure, and the Organiser, if desired by the employee, at the issuing of final warnings and dismissals.
Step 1: Counselling (probationary period three (3) months)
This shall consist of a verbal warning recorded as a record of interview on the employee’s file and counselling of the employee, so that the employee understands the need for improvement in his/her behaviour or performance. The interview shall be attended by the Employee, Facilitator, and, if requested the Delegate.
Step 2: Reprimand (probationary period four (4) months)
On a second disciplinary occurrence, occurring prior to the expiry of the probationary period set out in Step 1 above, a written warning will be issued to the employee with a copy being placed upon the employee’s file.
The counselling shall impress upon the employee, the seriousness with which the Company views the offending behaviour and the interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager and, if requested, the Delegate.
Step 3: Severe reprimand (probationary period six (6) months)
On a third disciplinary occurrence a further written warning shall be issued, a copy of which shall be placed on the employee’s file. Again, the counselling shall impress upon the employee the seriousness with which the Company views the offending behaviour.
This interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager, or nominated representative and, if requested, the Delegate.
Step 4: Final Warning (up to three week suspension without pay and a twelve (12) month probationary period)
Should the offending behaviour/performance continue beyond Step 1, 2 and 3, the employee shall be given a written final warning with a copy to the employee’s file. The final warning shall indicate clearly to the employee that any further transgression will result in dismissal. This interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager, or nominated representative, the Human Resources Manager or his/her delegated representative and, if requested, the Delegate. The Delegate shall be given the opportunity to contact the Union Organiser and secure his/her attendance, should this be requested by the Employee.
Step 5: Dismissal
If Steps 1 - 4 are unsuccessful in bringing about the behavioural change or performance improvement required the Company may dismiss the employee.
Should dismissal be necessary, the action shall involve the Manufacturing Development Manager, the Delegate, the Human Resources Manager or his/her delegated representative, the Director of Operations and, if requested, the Union Organiser.
I. The employee shall be stood down on pay, while the matter giving rise to the decision to dismiss is reviewed between the Facilitator, Manufacturing Development Manager and Human Resources Manager or his/her delegated representative. During the process the decision to dismiss will be thoroughly reviewed to ensure that all steps have been correctly followed.
II. The employee shall be called in, on pay, and invited, within a private office and in company with the Delegate, and, if requested, the Union Organiser, to explain the behaviour complained of and asked to explain why dismissal should not proceed.
III. If, following this procedure, a response satisfactory to the Facilitator, Manufacturing Development Manager and Human Resources Manager or their delegated representative, is not given, and the decision to dismiss the employee is confirmed, then the necessary steps will be taken by the Human Resources Manager or their delegated representative, to conclude necessary actions to effect payments, certificates, etc, for the employee concerned, as required by this Award.
General
Where a serious default in behaviour/performance occurs, but is deemed by the Company not to warrant summary dismissal, the Company may commence action under the clause, at the step which it (the Company) considers appropriate to the seriousness of the offending behaviour/performance. Warnings shall be issued in formal surroundings and shall follow full examination of the alleged misconduct. The employee shall have full opportunity to respond to any allegations made prior to any warnings being issued under this clause. Each written warning shall outline the nature of the unsatisfactory behaviour or performance.
Warnings shall be issued under the procedure for offences as identified within the "Guidelines for Conduct" (see Annexure B).
The Employee Counselling and Corrective Guidance Procedure does not apply in cases warranting summary dismissal.
35. Grievance/Disputes Procedure
The parties to the Award shall seek to eliminate disputes and grievances, which result in conflict as quickly as possible and to each party’s satisfaction.
The aim of the procedure is to resolve issues in consultation and negotiation and at the closest possible point to where they occur. All parties are committed to maximising the internal settlement of disputes on the basis of the facts of the matter.
Any dispute involving Safety will be immediately referred to the Director of Manufacturing and Occupational Health and Safety Manager for resolution. Work on other jobs will continue pending settlement of the issue. If the matter remains unresolved and continues in dispute advice will be sought from the Union Safety Officer and the WorkCover Authority.
The advice from the WorkCover Authority will be binding on both the Company and Union.
During a dispute the status quo, (i.e., the situation which existed immediately prior to the matter giving rise to the dispute) shall remain. Work will proceed without stoppage, or the imposition of any ban, limitation or restriction while the matters in dispute are being dealt with in accordance with the following steps:
Step 1
Discussions shall occur between the employee(s), Delegate, the appropriate Facilitator and when available, the Manufacturing Development Manager to attempt to settle the matter at this level.
Step 2
If unresolved, discussions shall occur between the employee(s), Delegate, the appropriate Facilitator, the Manufacturing Development Manager and the Operations Manager or Operations Director.
Step 3
If unresolved, the issue shall be referred to the Consultative Committee and Management Group for resolution. This step will require the involvement of the relevant union official. Should the relevant union official be unavailable within 48 hours (excluding weekends) of his/her attendance being requested, either party may proceed to step 4 of this procedure.
Step 4
If the matter is not resolved to the satisfaction of either party, and, the discussion and negotiation steps are exhausted the parties may refer the matter to the Industrial Relations Commission of New South Wales for conciliation or interpretation and, if necessary, arbitration.
35A. 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.”
36. Summary Dismissal
(a) If an employee is guilty of conduct or behaviour which warrants summary dismissal the Company shall not be required to either give notice or to make a payment in lieu thereof.
(b) Without limiting the Company’s rights, examples of such conduct or behaviour may be the commission of a criminal act against the Company, its employees, contractors or clients, refusal of duty, serious and wilful breaches of the Company’s safety policy and/or the provisions of the Occupational Health and Safety legislation, deliberately sleeping on duty, except as provided for in clause 23 of this Award, fighting or sparring, the taking of alcohol or a prohibited substance while on duty, or, being under the influence of alcohol or a prohibited substance while on duty, vandalism, theft or engaging in other employment, without prior approval, whilst rostered on for duty.
(c) If an employee becomes subject to the provisions of this clause, he/she shall be suspended on pay immediately to allow examination of the matter.
The Facilitator or Manufacturing Development Manager shall immediately notify the Human Resources Manager or his/her delegated representative, who will conduct an inquiry, with the Delegate and, if necessary, the Organiser.
The suspended employee shall be given an opportunity to respond to any allegations made, after due consideration by him/her, however, if no mitigating circumstances are shown to exist, the employee’s employment will be terminated.
37. Certificate of Service
An employee, on termination of employment, will be given a certificate of service by the Company stating the period of service and the nature of employment. A separate certificate shall be provided showing training accomplished during the period of employment.
38. Consultative Committee and on Site Union Activity
(a) The Company agrees to continue to recognise the Union Consultative Committee and the on-site Delegates as the primary unit in day to day Company/Employee relations.
(b) The Union shall provide the Company with a list of accredited Delegates and Co-Delegates duly elected. Such persons shall be allowed a reasonable amount of time during work hours, provided that the delegate’s job is covered by the team, to interview members and management on matters affecting employees represented by the Union.
(c) The Consultative Committee will elect a Chairman from within its ranks.
(d) The Company will provide and maintain lockable notice-boards for the display of Union notices signed or countersigned by accredited Union representatives.
(e) A meeting room of acceptable standards will be provided to allow the Consultative Committee to meet, or Delegates to interview an official of the Union on legitimate Union business.
(f) Paid time-off will be allowed in respect of Delegates attending Company approved accredited Union training Programs. Such leave will only be allowed by mutual agreement with the Company.
(g) A general meeting of all employees who are members of the National Union of Workers may be held at a mutually agreed time, and those employees who attend the meeting will be paid at the ordinary rate, exclusive of shift allowance, for the duration of the meeting.
(h) For the purposes of this Award, the Consultative Committee shall consist of six (6) Delegates comprising the following: one (1) from each crew, plus one (1) Delegate from the Processing department and one (1) Delegate from the Packaging department.
(i) Consultative Committee meetings shall be held every four weeks unless an urgent issue arises.
(j) When a Delegate is scheduled to attend a meeting of the Consultative Committee in a period when the Delegate is not rostered to attend duty, the Delegate shall receive payment at the overtime rate while in attendance at such Consultative Committee meeting.
(k) Where proceedings, involving the Company and the National Union of Workers, relating to disputes at the Botany site or alleged unfair dismissals, are scheduled before the Industrial Relations Commission of New South Wales, payment will be made for one Delegate for attendance during such proceedings. A delegate who is normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, inclusive of shift allowance, for attendance during such proceedings and a delegate who is not normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, exclusive of shift allowance, for attendance during such proceedings.
The Delegate who is to be paid for his/her attendance in such circumstances shall be determined by the Union prior to the proceedings. In such circumstances, the Company shall have the right to cover the attending Delegate’s position through the utilisation of casual labour in the performance of any work covered by this Award, prior to the offering of overtime to permanent employees.
The minimum payment for Delegates attending Industrial Relations Commission proceedings will be two hours. In the case of a night shift Delegate who attends such proceedings, and is rostered to attend for work on the evening of the day of the proceedings, the following provisions shall apply:
I. in Cases Where the Duration of the Proceedings is Two (2) Hours Or Less, the Delegate Shall be Required to Report for Work at 9.00pm, Without Loss of Pay, Inclusive of Shift Allowance.
II. In cases where the duration of the proceedings extends beyond two hours, the Delegate shall have the following options:
(a) be paid for the duration of the proceedings and take paid time off work for a number of hours equivalent to the duration of the proceedings, or,
(b) take a twelve (12) hour break commencing at the completion of the proceedings, without loss of pay, inclusive of shift allowance. When this option is exercised, the time spent in attendance at the proceedings will be unpaid. Should the Delegate choose not to attend work following the twelve (12) hour break, the time between the completion of the twelve (12) hour break and the usual shift finishing time will be unpaid.
(l) In circumstances where appropriate coverage for the attending Delegate cannot be secured through the utilisation of casual labour, the Delegate attending shall ensure that appropriate shift coverage is available, so that manning levels can be maintained. Employees providing coverage in these circumstances will be paid at the overtime rate for all time worked.
(m) In order that membership of the National Union of Workers might be positively promoted, accredited Delegates, as nominated by the National Union of Workers, shall be given the opportunity to address new permanent employees during the induction period. The Delegate(s) will provide all new permanent employees with application forms to join the Union.
39. Voluntary Redundancy Policy
A. Introduction
These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified in Annexure C.
This clause shall only apply to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause of this clause.
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.
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.
The Company realises that the business environment will continue to change. This change may lead to job displacements. At all times the Company will work with the Consultative Committee to ensure that employment opportunities match the business needs.
Consistent with the Employment Security Policy, it is the intention of the Company to afford all employees affected by the introduction of new technology or changed work methods, the requisite training in order to undertake alternative employment within the Plant.
Where special circumstances exist which warrant the implementation of voluntary redundancy, then, provided agreement is reached between the individual employee and the Company, voluntary redundancy may be implemented.
B. Termination of Employment
(i) Notice of 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 structural changes.
(a) In order to terminate the employment of an employee, the employer shall give to the employee the amount of notice as specified in clause 12.
(b) 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.
(c) 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.
(ii) Notice for Technological Change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology".
(a) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.
(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time Off During the Notice Period -
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(iv) Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(vi) Notice to Commonwealth Employment Service - Where a decision has been made to terminate the employment of employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are likely to be carried out.
(vii) 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.
(viii) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties 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.
C. Savings - Nothing in these provisions 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.
D. Crewing Reductions
If there are any agreed redundancies available, a notice will be posted on the notice board and interested employees can apply to the Human Resources Manager or his/her delegated representative. The redundancies will be offered based on the following criteria:-
(i) Redundancies will be offered on a crew by crew basis, to ensure manning levels are maintained.
(ii) The employee within the roster affected, regularly operating the equipment where the crew reduction is to take place, with the greatest length of continuous service, will be offered the redundancy opportunity first.
(iii) If there are no employees in the roster and crew affected who are interested in taking a redundancy opportunity, then that redundancy opportunity may be transferred to another area of the plant.
E. Transfer of Employment
Employees, whose existing jobs have become redundant and are transferred to another job, or roster, will be found work at the same annual salary. If necessary, retraining will be provided to all employees affected and will be mandatory.
Before an employee can leave the Company upon being made redundant the Manufacturing Development Manager shall be satisfied that an adequate skills base exists amongst the remaining employees, so that the operation of the plant can be continued effectively.
The Company accepts that, in providing employment opportunities to people affected by work changes, surplus people may be employed over and above the manning levels for the crew. It is understood that, in these circumstances, should an employee leave from such crew, the surplus employee will not be replaced.
F. Non-Payment of Redundancy Pay
Redundancy payments shall not apply in the following circumstances:
(a) An employee who voluntarily resigns or retires.
(b) An employee who is dismissed because of misconduct, whether in accordance with the provisions of clause 37, or the provisions of the Employee Counselling and Corrective Guidance Procedure.
G. Redundancy Entitlements
Severance pay will consist of six (6) weeks pay plus four (4) weeks for each year of service. This shall be calculated at the annual salary, excluding the shift allowance.
Redundancy pay will be calculated on a pro-rata basis relating to the salary level held by the employee prior to redundancy, in addition to any statutory payments included in subclause H following.
H. Award Entitlements
(a) Long Service Leave will be paid to employees with a minimum of five (5) years service and in accordance with the NSW Long Service Leave Act 1955 and shall exclude shift allowance.
b) Accumulated annual leave will be paid out in accordance with this Award, and shall include shift allowance.
I. Employee Death
Should an employee, having accepted a voluntary redundancy, die before the agreed date of termination, all benefits relating to an entitlement under this Award will be paid to his/her estate.
J. No Re-employment
Individuals who accept redundancy will not be re-employed by the Company within the period of redundancy entitlement from subclause E. Re-employment will be at the absolute discretion of the Company.
40. Long Service Leave
Long Service Leave shall be in accordance with the provisions of the Long Service Leave Act, 1955 (NSW) as amended, except where otherwise agreed within this Award.
The taking of Long Service Leave shall be determined within each team in conjunction with the Facilitator. Disputes arising shall be determined by the Manufacturing Development Manager and Union Delegate.
In addition to any benefits/conditions as laid down in the Act, permanent employees who leave the Company between their fifth and tenth year of service for reasons other than dismissal, shall be paid their accumulated entitlement. Long Service Leave payments shall exclude shift allowance.
41. Parental Leave
Chapter 2, Pt 4 of the Industrial Relations Act 1996 provides minimum maternity leave entitlements for New South Wales employees. Specific requirements relating to Kellogg (Aust) Pty Ltd are as set out in the Company Leave Policy effective 30 October 1999, section 5.3. The provision covers maternity leave, paternity leave and adoption leave.
In addition to the provisions set out above:
(a) An employee eligible for maternity leave who has given appropriate advice and notification to the Company and has requested a period of leave (minimum six weeks and maximum of 52 weeks inclusive of annual or long service entitlement) will be paid at normal rate and appropriate shift allowance for a period of eight weeks covering two weeks before and six weeks after the estimated date of birth.
(b) Fathers are entitled to paid parental leave for 4 x 12 hour consecutive shifts to be taken within two weeks of the birth of their child. Medical evidence attached to the Kellogg Leave form confirming the actual date of delivery of the child will be required to receive this payment.
(c) If an employee does not qualify for maternity leave due to less than 12 months continuous service then they will be entitled to "special maternity leave". Any such leave shall be unpaid. For each month of service they will be entitled to one month’s special maternity leave, up to a maximum of 11 months. The minimum leave entitlement for "special maternity leave" is 3 months.
(d) If during the course of pregnancy it is inadvisable for the employee to continue doing her present work the employee shall be transferred to a safe job if certain conditions are satisfied as follows:
a medical practitioner's opinion supports the transfer;
the employer deems such transfer to be practicable;
the rate and conditions attaching to the ''safe'' job are the same.
If the transfer to a safe job is not feasible then the employer is to grant the employee maternity leave (or any available paid sick leave, which is certified as necessary by a duly qualified medical practitioner). The assessment of the risk is to be made in accordance with the Occupational Health and Safety Act 1983 provisions.
(e) Complications arising out of pregnancy occasioning absence due to medical or surgical treatment will be treated as a sickness and be subject to the sick leave provisions of this Award.
42. Family/Carer’s Leave
Family/Carers leave shall be provided by the Company.
As a result of a series of test cases before Federal and NSW Industrial Relations Commissions, commencing with the first federal decision in 1994.
(1) Use of Sick Leave -
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 33, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave for Family Purpose -
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.
(4) Make-up Time -
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.
43. Bereavement Leave
An employee other than a casual employee shall be entitled to up to two days bereavement leave as follows:
(a) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of 1(c)(ii) of clause 42, Family/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(b) Should a spouse, child or step-child die, the employee shall be entitled to leave of up to five (5) consecutive rostered days to be agreed between the MDM and the employee.
(c) Should a parent, brother or sister, in-law, grandparent or grandchild die, an employee shall be entitled to leave of up to three (3) consecutive rostered days to be agreed between the MDM and the employee.
The Company recognises that there may be cases where overseas or international travel is involved which may require additional time off. The Company, (HR Manager or delegated representative) agrees to sympathetically review these situations on an individual basis. During such a period, an employee will be paid his/her ordinary earnings, which are inclusive of shift allowance once proof of death is provided.
(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3) and (4) of clause 42, Family/Carer's Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
44. Jury Service
A permanent employee who is required to attend for Jury Duty shall receive full pay for the total absence.
Any payment received by the employee as a consequence of such attendance shall be paid to the Company by the employee upon return from Jury Duty.
45. Uniforms and Protective Clothing
A. Uniforms
Uniforms must reflect the Company’s commitment to quality and safety and must be worn by employees, on the following basis:
(a) An employee upon commencement of employment will be issued with uniforms through the garment rental service and two (2) jackets should he / she be required, as part of normal employment, to work in cold, wet or exposed conditions. Each employee will also be issued one towel annually.
(b) Uniforms and jackets will be replaced on a needs basis by exchanging the old for the new.
(c) Uniforms that are badly frayed or show signs of obvious mending or patching are to be replaced.
(d) Each employee is responsible for the good care of the issued uniform and protective clothing. Failure to comply with this requirement will result in the application of the Employee Counselling and Corrective Guidance Procedure.
(e) Uniforms are to be worn on Company premises in the performance of normal duties.
B. Protective Clothing
(a) In recognition of the GMP standards required of the Company in the production of food products and the occupational health and safety requirements all employees are required to wear protective clothing which will be supplied by the Company.
(b) In all food protection areas, employees will wear hairnets, ear protection, safety footwear and any other such equipment deemed to be necessary by management from time to time.
(c) As a general rule employees are also required to wear gloves, respirators, safety footwear in all areas where it is considered necessary by management for such equipment to be worn.
(d) Where required, suitable waterproof clothing/rubber boots shall be issued by the Company for the use of employees required to work in the open in wet weather conditions. Such waterproof clothing will be issued on an individual needs basis.
(e) Safety footwear will be replaced on a needs basis by exchanging the old for the new.
C. Return of Uniforms etc.
All items provided by the Company, i.e protective equipment, uniforms etc must be returned to the Company on termination and will not be re-issued to other employees.
46. Workers Compensation Procedures
A. Claiming Workers Compensation
(a) A claim form must be completed and returned to an OH&S Representative (when available) or alternatively the Manufacturing Development Manager.
(b) The Company will send the completed claim form to the Insurance Company within twenty-four (24) hours of receipt of such forms.
(c) Within three (3) working days of receipt of the completed claim, the Insurance Company will give a status report on the claim to the Company.
B. Interim Payment
In an attempt to prevent financial hardship, the employee will be entitled to receive an interim payment of the ordinary rate of pay on the following basis:
(i) Claim form must be lodged within seventy-two (72) hours of reporting the accident/incident/ injury to the employer. The claim must be accompanied by a "WorkCover" medical certificate.
(ii) Payment will not constitute admission of liability by the Company.
(iii) The payment will be for a maximum of twenty-one (21) calendar days from the first day of lost time caused by the accident/incident.
(iv) Should the Insurance Company reject the claim, the wages paid in the interim period will be refunded by the employee at a mutually satisfactory rate.
C. Payment of Wages while on Selected Duties (accepted claims only)
The amount an employee is entitled to receive is limited to the amount of their Award rate of pay and cannot exceed the statutory rate under the NSW Workers’ Compensation Act 1987, which is as defined from time to time and currently stands at $1,259.20 per week.
47. Introduction of Change
The Company will inform the Consultative Committee at the time of renewing the Award of planned changes to production or introduction of new technology during the life of such Award.
The information will cover projected introduction time, and likely effects on workforce/skill composition; elimination or diminution of job opportunities; the need for retraining or transfer of employees to other work and the restructuring of jobs.
This information will be used to update the Award, and provide an agreed course of action for handling the intended change at a time closer to its introduction.
The Company will give prompt consideration to matters raised by employees and the Union in relation to the changes.
Should the timing for the introduction of change notification fall outside the Award renewal process, the Company shall inform the Consultative Committee as early as practicable after the decision has been made and give a minimum of three (3) months notice of the intended change. The Company will consult with the Consultative Committee about the implementation of the change and determination of manning levels, classifications and wage rates.
48. Changes to Crewing Levels
Where changes to crewing levels are to take place the following procedure will be applied:
(a) The proposed changes will be discussed with the Consultative Committee. Preferably, the issue will be resolved at this step.
(b) If not, then the proposals will be discussed with the Consultative Committee and the appropriate Union Organiser.
(c) If the issue is not resolved, in cases where alternative methods of accomplishing a function or technological changes are involved, then a decision will be made by an outside consultant. The outside consultant’s findings will be presented to the Consultative Committee and implemented subject to a three (3) month review.
(d) If the issue is not resolved the parties will follow the Grievance/Disputes Procedure, Clause 35 of this Award.
(e) Employees affected by crew changes will have the following options:
I. accept voluntary redundancy
II. transfer to another Roster if a vacancy exists
III. remain on the same roster or transfer to a roster where the business requires them
49. Right of Entry
I. In accordance with the provisions of part 7 of the Industrial Relations Act 1996, the Company shall permit a duly authorised official of the Union to enter its establishment during working hours for the purpose of:
(a) talking with or interviewing members of the union during meal breaks or other non-working time, or
(b) investigating any suspected breach of the Act or Award which applies to employees.
(c) for the purpose of investigating any such suspected breach, require the Company to produce for the officer’s inspection during the normal office hours and at the Company’s office, any documents kept by the Company of the employee and related to the suspected breach, and
(d) to make copies of the entries in any documents related to the suspected breach.
II. Before exercising any power conferred in subclause (1) (paragraph (a) excepted), the official must give the Company at least forty-eight (48) hours notice.
50. Kellogg Twenty-Five (25) Year Club
Current employees who are members of the Kellogg Twenty-five (25) Year Club will be permitted to be absent from duty, without loss of pay, in order to attend the Club’s Annual Meeting, for the following periods:
Day shift employees:
From 3.00pm on the day on which the meeting is held.
Night shift employees:
For the shift commencing on the evening on which the meeting is held.
51. Plant Shutdowns
During plant shutdown periods, excluding the Christmas shutdown, employees will have the following options:
(a) Take Annual Leave, however, employees with an annual leave entitlement of less than twenty (20) shifts at the time of the shutdown, will have the option to take authorised leave without pay over such shutdown period.
(b) Take Long Service Leave.
(c) Attend work if any work is available.
(d) Attend training if required.
(e) Employees with Australian Tradesman’s Rights will be offered the opportunity to perform maintenance related work.
Authorised leave without pay, and options (c) and (d) above, will not be available during the Christmas shutdown period under any circumstances.
Annexure A
USE OF CASUALS FOR CLEANING OF MACHINERY/EQUIPMENT
Agreed conditions for the use of casuals in cleaning of machinery/equipment:
I. The Company guarantees that the hygiene standards of the amenities, i.e. locker rooms and canteen, will not be adversely affected by the use of employees of the cleaning contractor to supplement existing Kellogg crews in the cleaning of machinery/equipment.
II. Kellogg employees who are members of the National Union of Workers, shall not be required to train those employees of the cleaning contractor who are to be involved in the cleaning of machinery/equipment.
III. Kellogg employees who are members of the National Union of Workers, shall not be required to perform cleaning duties, in conjunction with employees of the cleaning contractor, on the same individual piece of machinery / equipment.
Annexure B
GUIDELINES FOR CONDUCT AT THE KELLOGG (AUST) PTY LTD BOTANY SITE
Kellogg, like any organisation, has certain rules and guidelines. These are important, and all employees are required to know and follow them. The following rules and guidelines provide some basic guidance as to what is considered acceptable conduct. They reflect our expectations and responsibilities associated with being a Kellogg employee and assure our effectiveness as a team.
In order to maintain our positions as Kellogg employees, each of us is expected to meet our responsibilities and to respect and comply with the rules of the organisation.
When an employee violates a rule or does not perform as reasonably required, the facts and circumstances of the individual case are considered. According to the seriousness of the problem, a warning, final warning or dismissal will follow. In order to make impartial judgements towards alleged offences, the Company rules have been divided into three groups with a recommended course of action if a rule is broken. The following rules cover a broad range of employee actions, but are not all inclusive. There will be occasions where an employee engages in a breach of normal good conduct standards which are not specifically mentioned in this document, but for which discipline is warranted. These instances will be dealt with on a case-by-case basis. All rules are subject to periodic revision.
Group 1
The problems in Group 1 are of a less serious nature, and infringements which fall under this category will result in the employee concerned progressing one step of the Employee Counselling and Corrective Guidance Procedure contained in this Agreement for each infringement. Violations in the good housekeeping and manufacturing practices sub-group will be treated as the same offence for counselling purposes.
Violation of good housekeeping and manufacturing practices as explained in the Kellogg Good Manufacturing Practices Policy.
Examples include:
Failing to wear regulation hair covering and hearing protection in restricted areas.
Wearing jewellery in product protection areas.
Chewing gum or eating food or drinks in product protection areas.
Carrying materials in a manner which might permit them falling into food.
Smoking on site.
Altering uniforms, wearing uniforms in an improper manner or wearing uniforms outside the plant unless required by duties (exception is Kellogg issued jackets).
General Performance Issues
These offences will be treated as individual violations.
Examples include:
Overstaying lunch or break periods.
Reporting late to job assignments.
Leaving job assignments without being properly relieved.
Being out of work area without permission.
Not maintaining work area in an operational condition.
Violation of safety policies and practices.
Failing to observe car park regulations.
Removing or defacing signs or bulletin board notices and posting of offensive material.
Improper possession of Company, other employees or contractors property.
Group 2
These are serious problems which could warrant a final warning for the first violation and will be administered through the Employee Counselling and Corrective Guidance Procedure.
Using threatening language, threatening or intimidating other employees, contractors or clients.
Redeeming prizes from promotional programs run to promote Kellogg products.
Defaming another employee’s character by spreading false and/or malicious information.
Serious neglect of work that causes extensive product loss or equipment damage.
Unsafe acts that could result in serious harm to yourself, other employees, equipment or plant facilities.
Group 3
Some problems are so serious that the first violation would probably call for termination. The employee will be suspended on full pay and notified later when the hearing is to be held. At the completion of the hearing it may be decided that a period of suspension without pay and/or a written warning with a two year probation period placed in the employee’s file is a more appropriate penalty than termination:
Stealing of Company property, another employee’s or contractor’s property.
Using, being noticeably under the influence of*, possessing or selling any intoxicant or illegal drug while on duty or on Company premises.
To ensure we maintain a safe working environment, employees who are taking prescribed medication must report to the Health Centre, to seek advice on suitability of duties.
Deliberately sleeping while on duty.
Carrying or possessing weapons on Company property.
Maliciously attacking fellow employees or contractors.
Clocking on/off for another employee.
Deliberately abusing or destroying Company property, another employee’s property or contractors property.
Deliberately contaminating food or sabotage.
Falsifying employment applications, medical records, work records, other records or reports.
Walking off the job or leaving the plant without following the procedure detailed in this Agreement.
Refusing to carry out work assignments or instructions of supervision.
Violating any state or federal laws or regulations, which are criminal acts against the Company, excluding legitimate industrial action as permitted by law.
Serious and wilful breaching of the Company’s safety policy and/or the provisions of the Occupational Health and Safety legislation.
Discriminating against fellow employees on the basis of sex, marital status, religion, colour, race, ethnic background or disability.
Smoking in areas where smoking presents a safety risk, e.g., Silos, near flammable materials.
Vandalising Company property.
Engaging in other employment, without prior approval, whilst rostered on for duty.
*On the first offence the employee will be sent home in a taxi cab at the Company’s expense. The employee will be interviewed by the Human Resources Manager or Delegated Representative and advised of the potential consequences of a second offence. A record of interview will be retained in the employee’s file.
Annexure C
KELLOGG (AUST) PTY LTD. TRAINING PROGRAM
Intent:
To remain competitive within the market place, Kellogg Australia has to remain a learning organisation.
Introduction:
All training programs will be delivered and evaluated to meet national accreditation standards relevant to the business needs, to ensure growth of the organisation, and a nationally recognised career path for employees, through competency based training programs.
Aim:
The aim of this policy is to detail how the Kellogg Production Certificate delivers employee competency based training programs.
Purpose:
The Kellogg Production Certificate submitted (including programs, courses, and competencies) has been accepted by the Department of Employment Education Training and Youth Affairs (D.E.E.T.Y.A). This means that employees moving through the four levels of competencies described in this program will be entitled to a certificate within the Australian Qualifications Framework (AQF) in Cereal Manufacture.
Definition of Competency:
A competency is the transferable attributes and knowledge for a particular task achieved through; education, formal training, and / or previous experience.
To be competent a person must demonstrate the application of knowledge, skill and attributes in producing an outcome, which can be demonstrated in differing and new situations, and can be measured.
Recognition of Prior Learning (RPL):
Employees will be recognised as having the relevant competencies if they are able to demonstrate their acquired competencies to on-the-job standards.
Supporting documentation relevant to the job, such as craftsmen certificates or references outlining past experience, current within the last 5 years, will assist the employee’s application for RPL. Recognition of Prior learning will be assessed to on-the-job standards by workplace assessors with the use of checklist evaluations outlining the necessary performance criteria for a particular job or process.
On and Off the Job Training:
Off the job (formal; which includes theoretical and practical applications in a classroom type environment) and on-the-job training (task specific; where the learning application is demonstrated on-the-job) will be conducted and assessed for employees where a training need exists to maintain or enhance an employee’s performance. All training will be competency based and assessed.
Workplace Assessors:
Qualified Workplace Assessors will conduct all assessments.
Kellogg Facilitators have completed the Workplace Assessor Program gaining a Statement of Competency - Workplace Assessor, which is recognised by VETAB and the industry training authorities, so as to:-
Identify the role of assessment and assessors in the development of trainees,
Plan competency assessments,
Perform competency assessments,
Record assessment results and review procedures in the workplace.
The Kellogg Production Certificate Model
Outline of the 4 Programs and overall Performance criteria delivered at each level .
|4 Programs |
| |Operations |Product |Technical |People |
| | | | | |
|Level 5 |Operates |Identifies, problem |Applies Total |Value adds to |
|Lead Multi - |three systems |solves, & tracks |Productive |the team |
|System Operator |to the |performance within the |Maintenance in |environment, |
|_____________ |scheduled |quality assurance area |accordance with plans, |through decision |
|Australian |rates. |to ensure all quality, |schedules & |making, |
|Qualifications | |OAE, GMP, & waste |operational |coaching & |
|Framework 4 | |goals are met. |maintenance |supporting team |
| | | |requirements. |job skills, to |
| | | | |meet team |
| | | | |accountabilities. |
| | | | | |
|Level 4 |Operates |Applies principles of |Conducts 1st line |Works within |
|Multi - System |three systems |product technology. |operational |self directed |
|Operator |to the |Maintains quality |maintenance. Coaches |team |
|_____________ |scheduled |assurance and |& instructs others in |environment, |
|Australian |rates. |environment. Applies |maintenance activities. |communicating |
|Qualifications | |problem-solving | |job skills, work |
|Framework 4 | |techniques.. | |instructions to |
| | | | |meet team |
| | | | |accountabilities. |
| | | | | |
|Level 3 |Operates two |Applies principles of |Conducts 1st line |Works within |
| |systems to the |product technology. |operational |self directed |
|Duel- System |scheduled |Maintains quality |maintenance. Coaches |team |
|Operator |rates. |assurance and |& instructs others in |environment, |
|______________ | |environment. Applies |maintenance activities. |communicating |
|Australian | |problem-solving | |job skills, work |
|Qualifications | |techniques. | |instructions to |
|Framework 3 | | | |meet team |
| | | | |accountabilities. |
| | | | | |
|Level 2 |Operates a |Controls Product |Conducts line(running) |Participates & |
| |single system |quality, waste. |adjustments& services |instructs within |
|Single System |to the |sanitation, GMP, & |to maintain efficiency |a team based |
|Operator |scheduled |environment using |& reduce Wear. |environment. |
|______________ |rate. |accurate documentation | | |
|Australian | |including measuring & | | |
|Qualifications | |testing & use of SPC | | |
|Framework 2 | |Techniques | | |
| | | | | |
| | | | | |
|Level 1 |Operates a |Maintains supply, |Controls operating |Works within |
| |single Process |safety, quality and |parameters. Conducts |team based |
|Single Process |to the |GMP standards to set |minor machine |environment. |
|Operator |scheduled |goals applying quality |replacement & | |
|______________ |rate. |at source. |equipment adjustments | |
|Australian | | |& services as | |
|Qualifications | | |instructed. | |
|Framework 1 | | | | |
| | | | | |
|Entry Level |Operates a |Identifies range of |Conducts minor |Able to |
|______________ |sub process |products. Maintains |machine services and |communicate |
|New Employee / |within a |safety, quality, GMP |checks, under direct |and |
|Trainee | | | |understands |
| |single system |standards to set goals, |supervision |work |
| |to the |applying quality at | |instructions |
| |scheduled |source. | |clearly and |
| |rate. | | |effectively |
Definitions of Systems and Core Processes
|Systems > |Corn |Bran |Puffing |Mini |Combo |W& P |Packing |Materials |Raw |
| | | | |Wheats | | | |Handling |Mater- |
| | | | | | | | | |ials |
| | | | | | | | | | |
|Processes | | | | | | | | | |
|Raw Material |X |X |X |X |X |X | | | |
|Supply | | | | | | | | | |
|(MDA) | | | | | | | | | |
|Cookers |X |X | |X |X | | | | |
|Dryers |X |X |X |X |X |X | | | |
|Mills |X |X | |X |X |X | | | |
|Ovens |X |X |X |X |X |X | | | |
|1st Floor | | |X | | | | | | |
|Coater | | | | | | | | | |
|3rd Floor |X |X | | | | | | | |
|Coater | | | | | | | | | |
|4th Floor | | | | |X |X | | | |
|Coater | | | | | | | | | |
|Puffing | | |X | | | | | | |
|Tower | | | | | | | | | |
|Extruders | | |X | |X |X | | | |
|Product |X |X |X |X |X |X |X |X |X |
|Supply (Tank | | | | | | | | | |
|Room) | | | | | | | | | |
|Packing Data | | | | | | |X | | |
|Acquisition | | | | | | | | | |
|(PDA) | | | | | | | | | |
|Scales | | | | | | |X | | |
|Baggers | | | | | | |X | | |
|Case Packers | | | | | | |X | | |
|Mat’ | | | | | | | |X | |
|Handling Inf. | | | | | | | | | |
| (ASD ) | | | | | | | | | |
|Materials | | | | | | | |X | |
|Operations | | | | | | | | | |
|Oracle | | | | | | | | |X |
|Process | | | | | | | | | |
|Module 11i | | | | | | | | | |
|Bulk Farm | | | | | | | | |X |
|Inloading | | | | | | | | | |
|BHF | | | | | | | | |X |
|Inloading | | | | | | | | | |
|Silos | | | | | | | | |X |
|Inloading | | | | | | | | | |
|Materials | | | | | | | | |X |
|Receiving & | | | | | | | | | |
|Supply | | | | | | | | | |
|Flavour | | | | | | | | |X |
|Process * | | | | | | | | | |
* This applies to nightshift only
The above illustration identifies the core PROCESSES (Competencies) that complete a SYSTEM within Kellogg’s Manufacturing.
Training Programs and Accredited Competencies:
Will be revised periodically to ensure they are current and meet the needs of the business. Notification of Processes and Systems that become redundant will be posted.
Competency based Career Path Training:
Will be based on the needs of the Business Career path training above Level 3 will be by selection. Where two (2) employees are deemed to have the same qualifications, the employee with the greatest length of Kellogg service will be offered the opportunity first.
Compulsory Training:
An employee must complete and maintain competencies within their current level of accreditation.
All training up to level 3 is compulsory, refusal of training or revision will result in loss of salary to competency to level attained. It is envisaged that all operators will be trained up to level 3 competency and a training plan will be formulated and reviewed bi-monthly with the system team in conjunction with the Facilitator.
Level 4 and Level 5 operators are by selection and will be nominated based on business needs for each roster. Selection will be made in consultation with the roster Facilitators and the appropriate Manufacturing Development Manager and the Operations Manager. The Performance criteria and supporting courses for these two levels are outlined in the Kellogg Training Module. Once selected, training within these levels are compulsory.
Systems/technology - upgrade training within an employee’s accredited system or process is also compulsory for an employee to maintain their current level of accreditation.
Employees wishing to undertake training must:
Maintain their current competency levels and performance on the job.
Have completed the necessary training required to be eligible to move to the next level.
Maintain satisfactory safety, quality, and GMP (Good Manufacturing Practices) performance standards.
Have the ability and willingness to work effectively with co-workers in a team environment.
Have the potential aptitude of acquiring higher-level competency elements to satisfy the next level of training.
The Facilitator and operational Team, in conjunction with the Manufacturing Development Manager will determine the skills mix required within the team.
Performance Review:
Employees will be required to maintain and demonstrate their competence as required within the work / team environment.
Flexibility and performance on the job will be the indicator to identify an employee who is maintaining their current level of competency, within their accredited processes and systems.
Flexibility within an employee’s accredited processes and systems, will be done on a team needs basis to ensure an employee’s maintenance of competencies.
Employees are obliged to undertake given tasks under the direction of a Facilitator where the employee has the skill and ability to perform the task.
Career Path Timetable - New Employees:
An employee commencing with the Company will be paid at Induction Rates of pay during the first twelve (12) weeks of their employment.
Having successfully completed all training provided and passed all competency based assessments conducted during this twelve (12) week period, the employees salary will be adjusted to Level 1. If the company fails to provide the training in all competencies required to satisfy salary level 1 during the first twelve (12) weeks the employees salary will be adjusted to level 1.
If during the next six (6) months of employment the employee successfully completes all training provided and passes all competency based assessments conducted, the employee’s salary will be adjusted to Level 2. If the company fails to provide the training in all competencies required to satisfy salary level 2 during the six (6) month period, the employees salary will be adjusted to level 2.
If during the next fifteen (15) months of employment the employee successfully completes all training provided and passes all competency based assessments conducted, the employee’s salary will be adjusted to Level 3. If the company fails to provide the training in all competencies required to satisfy salary level 3 during the fifteen (15) month period, the employees salary will be adjusted to level 3.
The above timetable guarantees that, provided an employee commencing with the company successfully completes all training provided and passes all competency based assessments conducted during their first twenty four (24) months of employment, they will have attained salary level 3.
Educational Assistance:
Employees seeking company support with regard to educational assistance at an external training/educational institution should refer to the company policy for educational assistance guidelines.
Training Disputes Procedure:
1. An employee cannot contest the result given by a workplace assessor at the time of assessment.
2. An employee completes the attached Training Disputes Form.
3. The Manufacturing Development Manager, workplace assessor, employee and the delegate will review the dispute.
4. If the dispute is not resolved at this level, the Operations Manager and Manufacturing Development Manager will review the matter.
5. If the dispute is not resolved at this level it may be referred to the Consultative Committee.
6. A copy of the completed dispute form is to be forwarded to the Human Resources Department for record keeping.
Re-sit Assessment Procedure:
The procedure outlined below will facilitate the needs of any individual who fails a Competency Based Assessment.
1. An employee will be notified that he/she has failed the competency based assessment.
2. The employee will have the opportunity to re-sit the assessment that he/she has failed at a time nominated by the workplace assessor.
3. If the employee fails the competency based assessment a second time, then discussions between the employee, the Operations Manager and the Manufacturing Development Manager will take place and the next steps will then be determined. Whereby it is agreed between the parties to this Award that, in these circumstances, the employee’s salary will be frozen until such time as,
(i) The employee successfully passes the assessment, or,
(ii) Future salary increases cause the salary for the level below to be equal to or greater than the employee’s current salary.
Kellogg (Australia) Pty Ltd Training Dispute Form
Employee Name: ________________________________ Bundy Number:_______________
Roster:_____________________ Shift:_______________________ Date:________
Reason for Disputation:
Record of interview (if held with employee):
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Committee Recommendation:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Name in print:
_________________ ______________________________
Union Representative Manufacturing Development Manager
______________ ______
Employee Date
Employee Training, Progression, Performance Criteria and Courses
Training Model Progression:
The following training policy attachment serves as a guide to outline a new employee’s progression throughout the Kellogg Production Certificate Programs.
A new employee joining the company will begin his/her entry level training in the Tank Room, operating within the area of product supply, so as to learn about the range of products Kellogg Australia provides. The nominated period for entry level training is 12 weeks. During that period the new employee will acquire the key competencies of:
|Product Knowledge. |Occupational Health & Safety. |
|Quality. |Process. |
|Resourcing and Organising. |GMP. |
|Images and Values. |Waste management. |
|Human Resources. |Technology use. |
|Equipment. |Materials Handling. |
|Security. | |
Once an employee has completed Entry Level training in the Product Supply (Tank Room) and has proceeded to the next level, progression through the processes will be (where possible) as illustrated as follows:.
Processing Processes
|Corn / Bran |Puffing |Combination Line |Mini Wheats |W&P |
| | | | | |
|Start Processes |Start Processes |Start Processes |Start Processes |Start Processes |
|( |( |( |( |( |
|Raw Materials |Raw Materials |Raw Materials |Raw Materials |Raw Materials |
|Supply |Supply (Wenger) |Supply |Supply |Supply |
|Cookers |Extruder / Buhler |Cookers |Cookers |W&P |
| | | | |Extrusion & |
| | | | |Cold Former |
|( |( |( |( |( |
|Dryers |Pellet Dryer |Extruders/ Buhlers |Shredding Mills |Sheeting |
| | | |Lapping/Paste |Mills Cutting |
| | | |Application |Mills |
|( |( |( |( |( |
|Mills / Flaking |Puffing Tower |Pellet Dryers |Ovens |Ovens |
|Pelletising | | | | |
|Shredding | | | | |
|( |( |( |( |( |
|Ovens |Dryer |Mills/Flaking |Dryers |Dryers |
| | |Bumping | | |
|( |( |( |( |( |
|3rd Floor Coater |1st Floor Coater |Jetzone/Toasting / |Complete System |4th Floor |
| | |Puffing Ovens | |Coater |
|( |( |( | |( |
|Complete System |Complete System |4th Floor Coater | |Complete System |
| | |( | | |
| | |Complete System | | |
Packing/Materials Processes
|Packing |Material Handling |Raw Materials |
| | | |
|Start Processes |Start Processes |Start Processes |
|( |( |( |
|Packing Data Acquisition |Forklift/truck loading |Bulk Farm Inloading |
|( |( |( |
|Jones Triangle |Finished Goods |B.H.F Inloading |
|( |( |( |
|Jones Ishida |Materials Handling Operations |Silos Inloading |
|( |( |( |
|Bulk / Pallecons |Materials Information Process |Materials Receiving and |
| |(ASD) |Supply |
|( |( |( |
|Complete System |Complete System |Complete System |
Progression:
As the new employee gains competency throughout the core processes he/she will also develop within the Operations/Product/Technical/People programs which delivers competencies to the required levels of complexity, as described in the Australian Standards Framework.
The following pages outline the overall performance criteria and supporting courses required at each level of the Kellogg Production Certificate. Supporting Courses may from time to time change due to upgrade of available training packages.
Note: Current Processing and Packing Line employees may be required, based on the needs of the business, to complete Product Supply (Tank Room) to gain accreditation for a full system.
|Entry Level |
|Operations |Supporting Courses |
|Tank Room: |Tank 1 - basic operations |
|Carry out the following functions: |Tank 2 - direct feeds (CITEC & |
|Direct Feed System |FIXDMACS) |
|Tank Lifters |Tank 4 - DSU/sultana addition |
|Tank off stations |Dry feeds upgrade overview |
|DSU |Safety Training (Induction): |
|Sultana addition |Evacuation |
|Crumbs machine |Safety tags |
|Dry/Wet feeds |Fire extinguishers |
|Intermediate Bulk Containers (Pallecons) |Environment |
|Adhere to Kellogg safe work practices |Personal Protective Equipment |
| |Transporters |
| |Hazardous material handling |
|Product |Supporting Courses |
|Supply correct product to correct destination, to |Quality Assurance |
| given schedule. |GMP |
|Ensure against mixed food. |Sanitation |
|Monitor and maintain food supply. | |
|Maintain food protection and sanitation for work | |
|area. | |
|Identify and report food quality problems | |
|Identify sources of waste. | |
|Minimise waste of product and work practices. | |
| | |
|Technical |Supporting Courses |
|Inspect and report equipment faults. |Tank 1 - basic operations |
|Identify and reset equipment alarm faults. | |
|Conduct machine cleaning of equipment. | |
|Lubricate tank room equipment. | |
|People |Supporting Courses |
|Communicates food supply problems between |Induction Training: |
| processing and packing. |Plant tour |
|Checks for understanding given job instructions. |Kellogg history/culture |
|Follows procedures. |Consent Award |
|Understands and adheres to company |GMP standards |
|policies. |Safety standards |
| |EEO and workplace policies |
| |Product range and services |
| |Communication |
| |Organisational structure |
|Level 1 - Single Process Operator |
|Operations |Supporting Courses |
|Adhere to Kellogg’s Safe Work Practices. |Bran & Wheat flake system. |
| |W&P system. |
|Operate to given schedules and parameters, |Combination line system. |
|including start up, shut down, pre start conditions and |Corn system. |
|maintaining process flow of either: | |
| |Flavour system. |
|Processing: |1st floor coater. |
|Cooking processes (including flavour, materials, |3rd floor coater. |
|& vitamin supply). |4th floor coater. |
|Dryers |Jetzone oven No 6. |
|Mills (e.g. flaking, forming, bumping, pelletising, |Mini Wheat system. |
|shredding). |Puffing system |
|Ovens, including vitamin supply (e.g. toasting, |Pellet system. |
|jetzones, puffing). |Pellet making system. |
|Coating Lines, including vitamin supply (1st Floor, |Vitamin awareness. |
|3rd Floor, 4th Floor) |Wenger operations |
|Puffing Tower | |
|Extrudes/Buhlers | |
|Packing: |Bulk packing line/transporters |
|Jones Family Packing Lines |Ishida scales |
|Bulk Packing Line |Jones family packing line 1 |
|Intermediate Bulk Containers (Pallecons) |Jones family packing line 2 |
| |Jones family packing line 3 |
| |Mathews date coder |
| |Nordson hot melt |
| |Triangle scales overview |
|Materials Handling: |Forklift attachments - clamp- push/pull |
| | |
|Forklift/truck loading operations |Forklift permit. |
|Materials Handling Operations (including ASD) |Transporters. |
| |Alvey system director. Finished goods system. |
| |Materials handling operation |
|Raw Materials: |Forklift attachments -clamp-push/pull |
| |Forklift permit |
|Bulk farm inloading |Transporters |
|BHF inloading |Oracle Production Module (OPM 11i) |
|Silos inloading |Bulk Farm |
|Materials receiving and distribution |BHF |
| |Silos |
|Product |Supporting Courses |
|Identifies and supplies correct materials necessary | |
| for processing. |Infralyser and Computrac (Processing). |
|Adhere to set procedures and recipes. |Metal Detectors. |
|Conduct quality checks at nominated times. |Stocktake module (Raw Materials). |
|Maintain product quality: |Product Evaluation System (PES). |
| moisture level |Protect Our Product (POP). |
| density and weight |Environment. |
| appearance |Good Manufacturing Practices (GMP) |
| flavour |Hazard Analysis Critical Control Points |
| texture, and |(HACCP) |
| packaging. | |
|Maintain product safety within a single process. | |
|Identify and action non-conformance of product. | |
|Complete and return documentation to correct | |
|source at nominated times during process. | |
|Minimise waste levels in work area to achieve set | |
|goals. | |
|Maintain sanitation level in work area to achieve set | |
|goals. | |
|Provide internal and external customer feedback with | |
|regard to process. | |
|Prevent contamination of product, equipment and | |
|work/wash areas. | |
|Technical |Supporting Courses |
|Identify and action equipment faults and alarms. |Mill roll knife change and set(Processing). |
|Correct poor equipment performance through minor |Minor maintenance tasks (Packing). |
|adjustments and settings to maintain quality and |Alvey minor maintenance (Materials Handling) |
|efficiency. |Hand and Power Tools |
|Conduct equipment lubrication and service on a |Supported by: |
|needs basis. | Technical Tasks 1 record sheets(Packing |
|Clear blockages and jams in equipment following | and Processing) |
|safe work practice. | Technical Tasks record sheets(Processing) |
|Maintain routine machine cleaning to ensure service | |
|life and prevent poor equipment operation. | |
|Safely replace consumable equipment parts: | |
|Examples: | |
| batteries | |
| fasteners | |
| date ink roll stamp. | |
|People |Supporting Courses |
|Adhere to Kellogg Safe Work Practices. |Dealing with conflict |
|Report breaches of safety to relevant bodies. |Teamwork |
|Communicate effectively maintaining working |Safety |
|relationships with others, to maintain process flow, | |
|efficiency, and quality. | |
|Identify and communicate facts to resolve | |
|operational/quality problems. | |
|Able to communicate job instructions and | |
|procedures. | |
|Level 2 - Single System Operator |
|Operations |Supporting Courses |
|Operate to given schedules and parameters, including: |Bran system |
| Start up |W&P system |
| Shut down |Corn system |
| Pre start conditions |Materials handling system |
| Maintain process flow throughout the core |Packing line system |
| processes within a single system. |Puffing system |
| Adhere to Kellogg’s Safe Work Practices |Raw materials system |
| |Wheat system |
| |Safety |
|Product |Supporting Courses |
|Organise and resource correct materials necessary |Courses delivered at Level 1 |
| for processing operations. |Product are applied across a system at Level 2. |
|Adheres to recipe. |Control Factor Analysis |
|Revises and instruct set procedures. Conducts |Hazard Analysis Critical Control |
|quality checks at nominated times during process. |Points (HACCP) |
|Maintains and monitors product quality (e.g | |
|moisture level, density and weights, appearance, | |
|flavour, texture, packaging). through out a system. | |
|Maintains product safety within a single system. | |
|Identify and action non-conformance of product. | |
|Complete and return documentation to correct | |
|source at nominated times during processes. | |
|Minimise waste levels in work area to achieve set | |
|goals. | |
|Maintain sanitation levels in work area to achieve | |
|set goals. | |
|Adheres to GMP. | |
|Provide internal and external customers feedback | |
|with regard to processes. | |
|Identify and chart machine/process problems | |
|(cause/effect) for presentation at team communication | |
|meetings. | |
|Understand and apply Operational Asset | |
|Effectiveness (OAE) principles. | |
|Prevent contamination of product, equipment, and | |
|work/wash areas. | |
|Technical |Supporting Courses |
|Conduct pro-active 1st line maintenance of PM |Operational Maintenance 1 - supported by |
|inspections, machine services and cleaning, and |Technical Tasks 2 in packing, and Technical Tasks |
| adjustments. |Processing. |
|Complete and return PM inspection sheets. |Operational Maintenance 2 Packing - supported by |
|Maintain record of maintenance activities during |Technical Tasks 3. |
|each shift. | |
|Adhere to and instruct on machine isolation | |
|procedures. | |
|Safely clean and replace machine operating parts to | |
|maintain service life and product quality (e.g blower | |
|Vacuum filters, spray nozzles, print heads, conveyor | |
|idler rollers). | |
|Clean/maintain conveyor belt tracking. | |
|Identify and report bearing failures and faults. | |
|Obtain and replace damaged or missing | |
|fasteners. | |
|Inspect, adjust and maintain power transmission | |
|(e/g belt/chain drives, gear boxes, couplings and | |
|clutches). | |
|Action hydraulic / pneumatic operational faults | |
|and maintain air service units. | |
|Adjust gland packing, action and report fluid leaks. | |
|Check, clean and position sensing devices such as | |
|photo eyes, proximity switches, and limit switches, | |
|to maintain correct operation. | |
|People |Supporting Courses |
|Identify own area of responsibility. |Coaching in the workplace |
|Prioritise work and resources to achieve immediate |Teamwork |
|goals. | |
|Communicate effectively to maintain working | |
|relationship with others, to maintain process flow | |
|efficiency and quality. | |
|Identify and communicate facts to resolve | |
|operational and quality problems. | |
|Coach and communicate job instructions and | |
|procedures. | |
|Problem solve operational faults. | |
|Participate and contribute effectively in team | |
|meetings. | |
|Review current procedures and work instructions. | |
| | |
|Level 3 - Duel Systems Operator |
|Operations |Supporting Courses |
|Operate to given schedules and parameters, |Bran system |
|including: |W&P system |
| Start up |Corn system |
| Shut down |Materials handling system |
| Pre start conditions |Packing line system |
| Maintain process flow throughout the core |Puffing system |
| processes across 2 systems. |Raw materials system |
| Apply safe systems of work. |Wheat system |
| |Safety |
| |Hazard and Risk Analysis |
|Product |Supporting Courses |
|Apply problem solving techniques to present |Kellogg Product Technology |
|Machine/product operational data in correct |Control Factor Analysis |
|graphical format and draw conclusions to present at |Hazard Analysis Critical Control Points (HACCP) |
| team/communication meetings. | |
|Apply principles of product technology | |
|across 2 systems. | |
|Maintain product safety across two systems. | |
|Conduct and co-ordinate problem solving | |
|techniques in teams to present machine/product | |
|operational data correct graphical format and draw | |
|conclusions to present at team/communication | |
|meetings. | |
|Resource and organise systems materials. | |
|Co-ordinate quality assurance across 2 systems. | |
|Control waste, GMP and sanitation activities across | |
|2 systems to achieve goals. | |
|Action environmental breaches. | |
|Maintain Operational Asset Effectiveness | |
| (OAE) principles. | |
|Technical |Supporting Courses |
|Apply 1st line maintenance across 2 systems. |Operational Maintenance 1 - supported by |
|Coach others to conduct maintenance activities. |Technical Tasks 2 in packing, and Technical |
| |Tasks Processing. |
|Packing: |Packing Machine Maintenance |
|Maintain scale calibration. | (Supported by Technical Tasks 4). |
|Maintain sealing operations. | |
|Maintain packing line timing functions. | |
|Maintain packing line size changes. | |
| | |
|Processing: | |
|Maintain milling operation. | |
|Maintain conveyor operations. | |
|Maintain pump operations. | |
|Maintain pneumatic/hydraulic operations. | |
|Maintain PM Inspections. | |
|Maintain vacuum/blower operations. | |
|Maintain seals and gland adjustments. | |
|Maintain power transmission inspections, | |
|adjustments and replacements. | |
|Maintain fluid supply lines. | |
| | |
|Materials Handling: | |
|Maintain accuglide pneumatic and live roller | |
| operation. | |
|Maintain E.Z set roller condition and tracking. | |
|Maintain belt conveyor tracking and tension. | |
|Maintain zip switch/zip sorter inspections and | |
|cleaning. | |
|Maintain spur conveyors belt tension and roller | |
|condition. | |
|Maintain unitizer operational functions and | |
|adjustments. | |
|Maintain Stretch Wrapper operational functions and | |
|adjustments. | |
|Maintain label applicator operational functions. | |
|Maintain Turntable operational functions and | |
|adjustments. | |
|Maintain lubrication and inspection services to all | |
|equipment. | |
|People |Supporting Courses |
|Understand and maintain own responsibility |Teamwork. |
|within a work area. |Getting work done through others. |
|Prioritise work and resources to achieve immediate | |
|goals. | |
|Communicate effectively maintaining working | |
|relationships with others, to maintain process flow, | |
|efficiency, and quality. | |
|Identifies and communicates facts to resolve | |
|operational/quality problems. | |
|Coach and communicate job instructions and | |
|procedures. | |
|Problem solve operational faults in teams. | |
|Contribute effectively in team meetings. | |
|Review current procedures and work instructions. | |
|Work self directed. | |
|Level 4 - Multi System Operator |
|Operations |Supporting Courses |
|Maintain and control operating parameters, process |Bran system |
|flow, and schedule across 3 systems. |W&P system |
|Operate to given schedules and parameters, including: |Corn system |
| Start up |Materials handling system |
| Shut down |Packing line system |
| Pre start conditions |Puffing system |
| Apply safe systems of work. |Raw materials system |
| |Wheat system |
| |Safety Committees |
| |Hazard and risk Analysis |
|Product |Supporting Courses |
|Apply principles of product technology across |Control Factor Analysis. |
|Systems. |Kellogg’s Product Technology |
|Maintains product safety across three systems. |Hazard Analysis Critical Control Points |
|Resource and organise systems materials. |(HACCP) |
|Conduct and Co-ordinate quality assurance and | |
|adherence to recipe across 3 systems | |
|Control waste, GMP and sanitation activities across 3 | |
|Systems to achieve goals. | |
|Action and report environmental breaches. | |
|Work to improve Operational Asset Effectiveness (OAE) | |
|Technical |Supporting Courses |
|Apply 1st line maintenance across 3 systems. |Technical Task Book 3 |
|Coach others to conduct maintenance activities. | |
| | |
|Packing: | |
|Maintain scale calibration. | |
|Maintain sealing operations. | |
|Maintain packing line timing functions. | |
|Maintain packing line size changes. | |
| | |
|Processing: | |
|Maintain milling operation. | |
|Maintain conveyor operations. | |
|Maintain pump operations. | |
|Maintain pneumatic/hydraulic operations. | |
|Maintain PM Inspections. | |
|Maintain vacuum/blower operations. | |
|Maintain seals and gland adjustments. | |
|Maintain power transmission inspections, adjustments | |
|and replacements. | |
|Maintain fluid supply lines. | |
| | |
|Materials Handling: | |
|Maintain accuglide pneumatic and live roller operation. | |
|Maintain E.Z set roller condition and tracking. | |
|Maintain belt conveyor tracking and tension. | |
|Maintain zip switch/zip sorter inspections and cleaning. | |
|Maintain spur conveyors belt tension and roller | |
|condition. | |
|Maintain unitizer operational functions and adjustments. | |
|Maintain Stretch Wrapper operational functions and | |
|adjustments. | |
|Maintain label applicator operational functions. | |
|Maintain Turntable operational functions and | |
|adjustments. | |
|Maintain lubrication and inspection services to all | |
|equipment. | |
|People |Supporting Courses |
|Understand and maintain own responsibility within a |Dealing with Conflict |
|work area. | |
|Prioritise work and resources to achieve immediate goals. | |
|Communicate effectively maintaining working | |
|relationships with others, to maintain process flow, efficiency, and | |
|quality. | |
|Identifies and communicates facts to resolve operational/quality | |
|problems. | |
|Coach and communicate job instructions and procedures. | |
|Problem solve operational faults in teams. | |
|Contribute effectively in team meetings. | |
|Review current procedures and work instructions. | |
|Work self directed. | |
|Level 5 - Lead System Operator |
|Operations |Supporting Courses |
|Maintain and control operating parameters, process |Bran system |
|flow, and schedule across 3 systems. |W&P system |
|Achieve scheduled goals. (Liaise with Scheduling |Corn system |
|Department). |Materials handling system |
|Relieve Operations Facilitator when required. |Packing line system |
|Apply and facilitate safe systems of work. |Puffing system |
| |Raw materials system |
| |Wheat system |
| |Safety Committees |
| |Hazard and risk Analysis |
|Product |Supporting Courses |
|Conduct and co-ordinate problem solving techniques |Control Factor Analysis. |
|in teams to present machine/product |Kellogg’s Product Technology |
|operational data and draw conclusions to present at |Hazard Analysis Critical Control Points |
| team communication meetings. |(HACCP) |
|Apply principles of product technology across systems. | |
|Maintains product safety across three systems. | |
|Resource and organise systems materials. | |
|Co-ordinate quality assurance and adherence to recipe | |
|across 3 systems. | |
|Liaise with Quality Department. | |
|Co-ordinate waste management improvement programs, | |
|GMP and sanitation activities across 3 systems to | |
|achieve goals. | |
|Action and report environmental breaches. | |
|Work to improve Operational Asset Effectiveness (OAE) | |
| | |
| | |
| | |
|Technical |Supporting Courses |
|Co-ordinate and conduct total productive maintenance across |Processing, Packing and Materials |
|3 systems. |Handling maintenance courses applied at |
|Control maintenance activities log and entries for Mainpac |this level on the job. |
|system. | |
|Manage documentation between Mainpac and operators. | |
|Responsible for scheduling and organising maintenance | |
|services in teams. | |
|Liaise with Maintenance and Scheduling Departments. | |
|Maintains statutory and legislative requirements for equipment | |
|condition. | |
|Packing Materials: | |
|Responsible for scheduling and organising size change | |
|activities and packing line/materials handling maintenance | |
|services (e.g. Inspections, lubrication, machine cleaning and | |
|minor adjustments). | |
|Control preventative maintenance activities to ensure reliable | |
|equipment operations. | |
|Identify and schedule with maintenance major equipment | |
|overhauls. | |
|People |Supporting Courses |
|Work self directed with the ability to resource and organise |Workplace Assessors Course |
|teams. |Situational Leadership II. |
|Co-ordinate and communicate team activities. | |
|Co-ordinate team based problem solving activities. | |
|Conduct team meetings and reach a consensus based on facts. | |
|Understands and co-ordinates team responsibilities. | |
|Coach and evaluate process and maintenance activities. | |
|Communicate production goals across a roster. | |
Annexure D
CONSENT AWARD 2001- TRANSITIONAL ARRANGEMENTS
As a result of declining production volume in the business changes agreed to that can be implemented immediately this Award is approved by the Industrial Relations Commission of New South Wales, will result in eight redundancy opportunities within the Processing Area being made available to employees.
Employees to be offered redundancies available upon approval of this Award by the Industrial Relations Commission of New South Wales, will be determined using the following criteria:
I. Redundancies will be offered on a crew by crew basis, to ensure manning levels are maintained.
II. Of applicants from within the area nominated, i.e. Processing, the employee with the greatest length of continuous service will be offered the redundancy opportunity first.
III. Should the redundancies available not be accounted for by employees from within the area nominated, the remaining redundancies will be offered to employees working on the crew on which redundancy opportunities still exist, i.e. A crew, B crew, C crew, D crew.
IV. Again, the employee with the greatest length of continuous service will be offered the redundancy opportunity first.
V. Should the redundancies available still not be accounted for, the redundancy opportunity may be offered to another area of the plant. Those employees accepting offers of voluntary redundancy as a result of changes agreed to as part of this Consent Award, will not be released from duty until the Manufacturing Development Manager is satisfied that the skills required to effectively operate the plant exist amongst the remaining employees. It is envisaged that this transitional process will take up to six (6) months to complete. Upon acceptance of the Consent Award, a notice will be posted calling for those employees interested in a voluntary redundancy package, to register their interest in writing with the Human Resources Manager. Seven (7) days will be allowed for this process.
Employees who express their interest in taking a redundancy will be provided with estimates of redundancy and retirement fund entitlements, in order that they have the appropriate information to make an informed decision. Fourteen (14) days will be allowed for these employees to inform the Employee Relations and Training Manager of their final decision. Vacancies resulting from the redundancies will be handled under the provisions of the Shift Transfer Procedure, contained in this Consent Award at clause 21.
Annexure E
BREAK STATIONS
Introduction
It is understood that employees working in the plant on a twelve (12) hour basis may need an opportunity for short periods away from production conditions. Team rooms have been provided for this purpose or for team meetings.
Operation and Use
The privilege of short breaks is based upon the employee’s job being covered, equipment running efficiently, producing quality product and his or her work area meeting Kellogg Sanitation Standards.
If these criteria are not met then the production line/system will need to be manned at all times.
In keeping with Kellogg GMP, there will be no non-work related reading material or foodstuffs (other than tea, canned soft drinks, coffee, milk and sugar) allowed in these areas.
It is normally expected that short breaks of this type may not exceed fifteen (15) minutes at one time and will be taken in the employee’s Break Station.
Non-Compliance
Failure to comply with these provisions will result in action being taken under the Employee Counselling and Corrective Guidance Procedure as set down in this Award.
Annexure F
COMPANY POLICIES
All employees covered by this Award are, at all times, required to comply with the following policies of Kellogg (Aust.) Pty. Ltd. as amended:
Good Manufacturing Practices Policy
Educational Assistance Policy
Equal Employment Opportunity Policy
Harassment Policy
Health and Safety Policy
Workplace Injury Management Policy
Manual Handling Policy
Hazardous Substances Policy
Smoke Free Workplace
Eye Protection
Confined Space Entry
PES - Packaging Policy
Intermediate Bulk Container Reclaim
Global Quality Policy Manual
Kellogg Company Global Code of Ethics
Electronic Communication and Internet Policy
Grievance Handling Policy
Travel - Employee Use of Taxis Policy
Annexure G
GUARANTEE OF EMPLOYEE ENTITLEMENTS
The parties acknowledge that Kellogg has an extremely long and profitable history both globally and within Australia. It is envisaged that this will continue into the long-term foreseeable future.
However, if for some unforeseen reason during the life of this Award should Kellogg (Aust.) Pty Ltd cease to exist, the Company guarantees that all accrued employee entitlements to that point in time shall be protected.
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.
|(1616) |SERIAL C1173 |
LANDCOM (CONDITIONS OF EMPLOYMENT 2002) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Public Employment Office and the Department of Urban Affairs and Planning for a new award.
(No. IRC 8383 of 2001)
|Before Commissioner Connor |6 February 2002 |
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Area, Incidence and Duration
4. Parties and Coverage
5. Definitions
6. Local arrangements
7. Dispute Resolution
8. Consultation
9. Hours of Work
10. Agreed Absences
11. Standard Hours
12. Part-time Staff Members
13. Filling Positions
14. Recruitment and Selection
15. Job Evaluation
16. Salary Sacrifice and Packaging
17. Payment of Expenses
18. Higher duties Allowance
19. Allowances - General
20. Excess Travelling Time
21. Meal Allowances
22. Use of Private Motor Vehicles
23. Overseas Travel
24. First-aid Allowance
25. Uniforms, Protective Clothing and their Maintenance
26. Compensation for damage to or Loss Of Private Property
27. Overtime
28. Rates for Payment of Overtime
29. Rest Periods
30. Meal Breaks
31. Compensation for Directed Overtime
32. Provision of Transport
33. Leave
34. Annual Leave
35. Sick Leave
36. Sick Leave - Workers’ Compensation
37. Sick Leave - other than Workers’ Compensation
38. Sick Leave - Requirements for Medical Certificate
39. Sick Leave to care for a family member
40. Maternity Leave
41. Parental Leave
42. Adoption Leave
43. Family and Community Service Leave
44. Observance of Essential Religious or Cultural Obligations
45. Long Service Leave
46. Leave without Pay
47. Military Leave
48. Special Leave
49. Staff Development, Training Activities and Study Assistance
50. Exchanges
51. Relocation Package
52. Termination of Employment
53. Working from Home
54. Private Employment
55. Management of Displaced Staff Members
56. Child Care Arrangements
57. Performance Management
58. Unsatisfactory Performance or Misconduct
59. Anti-Discrimination
60. Association Activities
61. Access to Facilities
62. Right of Entry
63. Industrial Action
64. Technological Change
65. Association Deductions
66. Public Holidays
67. Community Language Allowance
68. No Extra Claims
69. Saving of Entitlements
70. Monetary Rates Table
2. Title
This award shall be known as the Landcom (Conditions of Employment 2002) Award.
3. Area, Incidence and Duration
(1) This award shall apply to all staff members employed by Landcom in accordance with the Act and replaces in full the following as they apply to employees working under this award:
(a) Crown Employees (Public Service Conditions of Employment 1997) Award,
(b) Crown Employees (Public Sector Salaries 2000) Award
(c) Crown Employees (Department of Urban Affairs and Planning 1996) Award
(d) Crown Employees (Senior Officers 1997) Award
(e) Any other award, agreement or determination that affected Landcom as a Division of the Department of Urban Affairs and Planning within the NSW Public Service.
(2) Where there may be inconsistencies between this award and conditions of employment affecting staff of Landcom in previous, or other otherwise applicable, awards or agreements, the arrangements in this award shall prevail.
(3) This award shall take effect on and from 6 February 2002 and shall remain in force until 30 June 2004.
(4) This award complies with Section 19 of the Industrial Relations Act 1996.
4. Parties and Coverage
(1) The parties to this award are Landcom and the Public Service Association and Professional Officer’s Association Amalgamated Union of New South Wales.
(2) The provisions of this award shall apply to staff members employed by Landcom.
5. Definitions
"Act" means the Landcom Corporation Act 2001.
"Agreement" means an agreement as defined in the Industrial Relations Act 1996.
"Approved Course" means a course that is relevant to the employment of the staff member and one that has been approved by the Chief Executive Officer.
"Association" means the Public Service Association and the Professional Officer’s Association Amalgamated Union of New South Wales (PSA).
"Association Delegate" means an accredited Association delegate responsible for their workplace membership; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association’s Council.
"Association Official" means a person who is employed by the Association to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the union for an agreed period of time.
"At the convenience of" means the operational requirements permit the staff member’s release from duty or that satisfactory arrangements are able to be made for the performance of the staff member’s duties during the absence.
"Award" means an award as defined in the Industrial Relations Act 1996.
"Birth" means the birth of a child and includes stillbirth.
"Casual rate" means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the Chief Executive Officer for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.
"Corporation" means Landcom as established by the Act.
"Chief Executive Officer" means the Chief Executive Officer of Landcom or a person authorised by the Chief Executive Officer.
"Exchange" means an arrangement agreed to by the Chief Executive Officer, the staff member and a public service department, a public sector organisation or a private sector organisation, which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of exchange.
"Expected date of birth" in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.
"Full pay" or "half pay" means the staff member’s ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time position" means a position that is occupied, or if not for being vacant, would be occupied, by a full-time staff member.
"Headquarters" means the centre to which a staff member is attached or from which a staff member is required to operate on a long-term basis.
"Industrial action" means industrial action as defined in the Industrial Relations Act 1996.
"Local holiday" means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.
"Long service leave" means long service (previously "extended") leave to which a staff member is entitled under the provisions of this award.
"Normal work", for the purposes of clause 7 Dispute Resolution of this award, means the work carried out in accordance with the staff member’s position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.
"Official business rate" means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the Chief Executive Officer and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.
"Official overseas travel" means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.
"On duty" means the time required to be worked for the Corporation.
"Overtime" means all time worked outside the 10.5 hour daily bandwidth applicable to a staff member working pursuant to the provisions of clause 9 Hours of Work, whether before or after the commencing and finishing times of the daily bandwidth, at the direction of the Chief Executive Officer. "Overtime" also means all time worked outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 11 Standard Hours, whether before or after the commencing and finishing times of the set hours, at the direction of the Chief Executive Officer.
"Part-time entitlement", unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time work arrangement.
"Part-time hours" means the hours that are less than the 35 hours per week that constitute full-time work under this award.
"Part-time position" means a designated part-time position and, unless otherwise specified, includes any position that is filled on a part-time basis.
"Part-time staff member" means a staff member whose ordinary hours of duty are specified as part-time and whose weekly hours of work are less than the 35 hours per week required of full-time staff members.
"Public holiday" means a bank or public holiday under the Banks and Bank Holidays Act 1912, but does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.
"Recall to duty" means those occasions when a staff member is directed to return to duty outside the staff member’s 10.5 hour daily bandwidth in the case of a staff member working pursuant to the provisions of clause 9 Hours of Work, or outside the staff member’s set hours in the case of a staff member working pursuant to the provisions of clause 11 Standard Hours.
"Relief staff" means staff employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.
"Residence", in relation to a staff member, means the ordinary and permanent place of abode of the staff member.
"Short leave" means the leave which was available to be granted to staff members in the case of pressing necessity that was replaced by the family and community service leave from 20 September 1994.
"Staff member" means an employee, including a temporary or term employee, of Landcom and, unless otherwise specified in this award, includes both full-time and part-time staff members.
"Standby" means an instruction given by the Chief Executive Officer to a staff member to be available for immediate contact in case of a recall to duty.
"Study leave" means leave without pay granted for courses at any level or for study tours during which financial assistance may be approved by the Chief Executive Officer.
"Study time" means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course.
"Supervisor" means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Chief Executive Officer to fulfil the role of a supervisor or manager, other than a person engaged as a consultant or contractor.
"Temporary work location" means the place at or from which a staff member temporarily performs Landcom work if required to work away from headquarters.
"Workplace" means the whole of Landcom or, as the case may be, a branch or section of the Corporation in which the staff member is employed.
"Workplace management" means the Chief Executive Officer or any other person authorised by the Chief Executive Officer to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of Landcom or part of the Corporation.
6. Local Arrangements
(1) Local arrangements may be negotiated between the Chief Executive Officer and the Association in respect of the whole, or part(s), of Landcom.
(2) All local arrangements negotiated between the Chief Executive Officer and the Association shall be contained in a formal document such as, but not limited to, a co-lateral agreement, exchange of letters, or a memorandum of understanding.
7. Dispute Resolution
(1) Subject to the provisions of the Industrial Relations Act 1996, all grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within Landcom, if required.
(2) A staff member is required to notify, preferably in writing, their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.
(3) The immediate supervisor or manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.
(4) If the matter remains unresolved with the immediate supervisor or manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This supervisor or manager shall respond within two working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the appropriate General Manager or their nominated representative.
(5) If the matter remains unresolved, the General Manager or their nominated representative shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
(6) A staff member may, at any stage of these procedures, request to be represented by the Association and Landcom will agree to such request.
(7) Should the matter not be resolved within a reasonable time, any of the parties may refer it to the New South Wales Industrial Relations Commission for settlement. The staff member, Association and Landcom shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.
Whilst the procedures outlined in subclauses (1) to (7) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in a case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any Landcom staff member or member of the public.
For the purposes of this clause, a "General Manager" is a Landcom manager reporting directly to the Chief Executive Officer.
8. Consultation
(1) There shall be effective means of consultation on matters of mutual interest and concern, both formal and informal, between Landcom management and the Association.
(2) The parties to this Award will establish a Consultative Working Party. This Working Party shall generally act to oversee and assist implementation of this Award. The Consultative Working Party shall consist of both Landcom and Association representatives, to be nominated by the respective parties, to the following maximum numbers:
Landcom representatives - 2
Association representatives - 2
(3) The Consultative Working Party shall meet within one month of the making of this Award and thereafter every three months, or as otherwise agreed between the parties.
(4) The Consultative Working Party may form Working Groups to examine specific issues for report back to the Working Party.
9. Hours of Work
(1) Notionally, staff members will work a 35 hour week, to be worked over a minimum of 5 days on any of the 7 days of the week.
(2) The normal working week shall be Monday to Friday, with standard office hours from 9.00 am to 5.00 pm.
(3) The 12 hour daily spread of hours for working the 35 hour week will normally fall between 7.00 am and 7.00 pm, unless otherwise agreed. Where staff members are directed to work outside the 10.5 hour daily bandwidth applicable to them, overtime provisions shall apply.
(4) Staff members must reach agreement with their supervisor regarding hours of work, with such agreement able to include provisions to move the 10.5 hour daily bandwidth applicable to each staff member to start or finish outside the usual times of 7.00 am and 7.00 pm respectively.
(5) Agreements between staff members and supervisors will be aimed at achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member within the Landcom Performance Management System.
(6) Staff members shall record their times of attendance when working in, or from, a Landcom Office. Landcom Offices include, but are not limited to, Regional, Project, Joint Venture and Sales Offices.
(7) Staff members shall record the time spent on Landcom work when working under a Working from Home agreement.
(8) The manner of attendance and/or work recording shall be as decided by Landcom.
(9) Staff members may take a break of 10 minutes in the morning and afternoon, provided that dealings with the public are not affected, and a meal break of no less than 30 minutes must be taken no later than 5 hours after commencing continuous work.
10. Agreed Absences
(1) All staff members covered by this Award shall be entitled to one paid day off per calendar month (except those staff members working standard hours).
(2) Each staff member and their supervisor shall agree on the day the staff member is to be absent from work pursuant to this clause.
(3) To meet Landcom business requirements, a paid day off may be postponed for one or more months. The taking of postponed paid days off is a matter for local arrangement between the staff member and their supervisor.
(4) Subject to agreement between the staff member and their supervisor, up to five paid days off may be conserved by a staff member each calendar year, subject to the following conditions:
(a) the conserved paid days off may be taken during the calendar year, subject to arrangement with the supervisor; or
(b) up to five paid days off may be "cashed in" during the calendar year at the staff member’s option at the staff member’s ordinary salary rate; or
(c) any balance of conserved paid days off as at 31 December in each year shall be "cashed in".
(5) Conserved paid days off in excess of five will be forfeit.
(6) More flexible and/or advantageous arrangements for the taking of paid days off, beyond the limit of twelve days per calendar year imposed by this clause, may be made by agreement between staff members and their supervisors.
11. Standard Hours
(1) Standard hours are set hours of work commencing at 9.00 am and concluding at 5.00 pm inclusive of one hour set aside for a meal break.
(2) The Chief Executive Officer may direct that standard hours, or restrictions to the work arrangements set out in clause 9 Hours of Work, be worked in particular circumstances. These circumstances may include, but are not limited to:
(a) where the operational requirements of Landcom, or a particular part of the Corporation, cannot accommodate the flexibilities of clause 9 Hours of Work, or
(b) remedial action in respect of a staff member is being taken where the staff member has been found to have deliberately and persistently failed to meet the requirement to work 35 hours per week or otherwise abused the work arrangements set out in clause 9 Hours of Work.
12. Part-time Staff Members
(1) Where appropriate, the provisions of clauses 9 Hours of Work, 10 Agreed Absences and 11 Standard Hours of this award shall apply to part-time staff members on a pro-rata basis.
(2) Part-time work is permanent, temporary or term employment and part-time employees work less hours than full-time employees and receive all the entitlements of full time employees on a proportional basis.
(3) Staff members may request to have applications considered to work part-time under this award.
(4) Staff members working part time must complete a part time work agreement (PTWA) with their supervisor.
(5) The PTWA must be in writing signed by the staff member and the supervisor and must include:
(a) the hours and days to be worked;
(b) the starting and finishing times of each work day, if a Standard Hours arrangement is to be worked;
(c) the classification of the staff member; and
(d) the right (if any) for the staff member to return to full time work.
(6) The maximum number of weekly hours under the PTWA must be less than the full-time requirement of 35 hours per week in this award.
(7) The part-time staff member must be paid the same ordinary hourly rate as similarly classified full-time staff member under this award.
(8) Hours worked that fall outside the ordinary daily hours agreed to, shall be paid at the ordinary time rate, unless such hours would attract payment at overtime rates for a full-time staff member.
(9) A PTWA can be changed by making a new written agreement between the staff member and supervisor.
13. Filling Positions
(1) The Chief Executive Officer shall determine the most appropriate method of filling vacant or temporarily created positions in Landcom that best meets the requirements of the Corporation. Positions may be created and filled as:
(a) Permanent: a position created on the Landcom staff establishment under the Act on a full time or part time basis.
(b) Temporary or Term: a position created on the Landcom staff establishment under the Act on a full time or part time basis as a temporary position to meet an identified need for a specified period.
(i) Temporary positions will be the same as permanent positions in terms of the operation and entitlements of this award. A temporary position may be identical to a permanent position but only required for a specified period of time to meet a Corporation business need or it may be created for the term of a specific project. At the expiration of the period, unless extended beforehand, the period of temporary employment will come to a conclusion.
(ii) Term positions will be the same as permanent positions in terms of the operation and entitlements of this award, however they do not need to be the same as a permanent position in terms of work requirements. The positions may specify certain conditions unique to the position such as the requirement to work standard hours, weekend work, complete a specific project, work in a joint venture arrangement, receive special remuneration or any other particular Corporation need. Such positions will normally be created for a specific period of time and at the expiration of the period, unless extended beforehand, the period of term employment arrangement will come to a conclusion.
(2) Landcom may also fill positions by any other arrangement that meets the operational business and commercial needs of Landcom.
14. Recruitment and Selection
(1) Filling Vacancies
(a) Where a position becomes vacant, Landcom will advertise and fill the position through a process of merit selection.
(b) The Chief Executive Officer may dispense with the requirement to advertise a vacancy if an appointment can be made from eligible staff within the Corporation.
(c) Unless otherwise determined by the Chief Executive Officer, a selection committee shall be established to assess the merit of applicants for appointment to a vacant position and to make recommendations to the Chief Executive Officer on the most meritorious applicant.
(d) Nothing in paragraph (c) requires the Chief Executive Officer to adopt any recommendation made by the selection committee in relation to the filling of a vacancy.
(e) Prior to a staff member commencing duty with Landcom, written certification concerning the state of health of the staff member must be completed, by the staff member, to the satisfaction of the Chief Executive Officer.
(2) Eligibility Lists
(a) Where interviews have been held for a vacant position, the selection committee may establish an eligibility list of candidates ranked in order of merit, who if it were not for the selected candidate, would be recommended for the position.
(b) The eligibility list is effective for up to six months from the date of approval in respect of the advertised vacancy and may be used to fill identical or similar vacant positions not mentioned in the original advertisement.
(c) The Chief Executive Officer may elect to use an eligibility list to fill a position, require a new selection process to be undertaken, or take any other administrative action in relation to a vacancy.
(3) Appointment and Rates Of Pay
(a) The Chief Executive Officer may appoint a successful applicant to any salary within a salary Level in the Landcom (Salaries 2002) Award.
(b) In determining commencing salary regard shall be had to:
(i) the person's skills, experience and qualifications;
(ii) the rate required to attract the person; and
(iii) the remuneration of existing staff members performing similar work.
(c) A successful applicant shall receive a letter of offer of employment that will form part of the employment contract with Landcom.
(d) The letter of offer of employment shall cover such matters as commencing salary rate, any salary increments and, if applicable, the term of employment and requirement to work standard hours for specified positions.
(4) Probation
(a) All new appointments shall serve a minimum probationary period of six months.
(b) The Chief Executive Officer may dispense with the requirement for a probationary period; extend the probation up to a maximum of two years; or annul the appointment of a person during a period of probation.
15. Job Evaluation
The Chief Executive Officer shall classify and grade positions using government accredited job evaluation methodology.
16. Salary Sacrifice and Packaging
(1) Salary Sacrifice - General
The Chief Executive Officer may enter into agreements with staff members for salary sacrifice for superannuation and/or other agreed benefits within NSW Government policy and powers of the State Owned Corporations Act and the Landcom Corporation Act.
(2) Salary Sacrifice - Superannuation
(a) A staff member may elect, subject to the agreement of the Corporation, to sacrifice a portion of the salary payable to additional superannuation contributions in excess of contributions made by Landcom under relevant legislation. Such election must be made prior to the commencement of the period of service to which the salary payments relate. The amount sacrificed must not exceed thirty (30) percent of the salary payable or thirty (30) percent of the current applicable superannuable salary, whichever is the lesser. In this clause "superannuable salary" means the staff member’s salary as notified from time to time, to the NSW public sector superannuation trustee corporations.
(b) Where the staff member has elected to sacrifice a portion of salary to additional superannuation contributions:
(i) subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion, and
(ii) any allowance, penalty rate, payment for unused entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which a staff member is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to a staff member’s salary, shall be calculated by reference to the salary which would have applied to the staff member in the absence of any salary sacrifice to superannuation made under this award.
(c) The staff member may elect to have the portion of salary which is sacrificed to additional superannuation contributions:
(i) Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employee contributions, or
(ii) Subject to Landcom’s agreement, paid into a private sector complying superannuation scheme as employee superannuation contributions.
(d) Where a staff member elects to salary sacrifice in terms of subclause (iii) above, Landcom will pay the sacrificed amount into the relevant superannuation fund.
(e) Where the staff member is a member of a superannuation scheme established under:
The Police Regulation (Superanuation) Act 1906;
The Superanuation Act 1916;
The State Authorities (Superanuation) Act 1987;
The State Authorities Non-contributory Superanuation Act 1987; or
The First State Superannuation Act 1992.
Landcom must ensure that the amount of any additional employee superannuation contributions specified in subclause (i) above is included in the staff member’s superannuable salary, which is notified to the NSW public sector superannuation trustee corporations.
(f) Where, prior to electing to sacrifice a portion of their salary to superannuation, a staff member had entered into an agreement with Landcom to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause (iv) above, Landcom will continue to base contributions to that fund on the salary payable to the same extent as applied before the staff member sacrificed portion of that salary to superannuation. This subclause applies even though the superannuation contributions made by Landcom may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.
17. Payment of Expenses
(1) Landcom shall meet any expenses, including those relating to official travel and associated expenses, actually and necessarily incurred by a staff member within the guidelines set by management when undertaking approved official business (either in advance or as a reimbursement).
(2) Payment of any actual expenses shall be subject to the production of receipts, unless the Chief Executive Officer is prepared to accept other evidence from the staff member. As applicable, receipts shall be produced in accordance with Australian Tax Office requirements
18. Higher Duties Allowance
Staff members directed to perform the duties of a higher position shall be paid an allowance as determined by the Chief Executive Officer.
19. Allowances - General
The allowances payable under this award will be reviewed on variation of the comparable allowances in the Crown Employees (Public Service Conditions of Employment 1997) Award.
20. Excess Travelling Time
(1) A staff member directed by the Chief Executive Officer to travel on official business outside the usual hours of duty is entitled to be compensated for such time either by:
(a) payment calculated in accordance with the provisions contained in this clause; or
(b) if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.
(2) Compensation under paragraphs (a) or (b) of subclause (1) of this clause, shall be made, subject to the following conditions:
(a) excess travelling time on a non-working day shall be all time spent travelling on official business;
(b) excess travelling time on a working day shall be, subject to the provisions of subclause (5) of this subclause, all additional time spent travelling before or after the staff member’s normal hours of duty.
(c) the period for which compensation is being sought is more than a half an hour on any one day.
(3) No compensation for travelling time shall be given in respect of travel between 11.00 pm on any one day and 7.30 am on the following day, where the staff member has travelled overnight and sleeping facilities have been provided for the staff member.
(4) Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.
(5) Travelling time shall not include the time:
(a) normally taken for the periodic journey from home to headquarters and return;
(b) on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;
(c) on board a ship or aircraft.
(d) spent travelling overseas on official business.
(6) Waiting Time
When a staff member is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the normal hours of duty, such waiting time shall be treated and compensated in the same manner as excess travelling time.
(7) Payment
(a) Payment for travelling time calculated in terms of this clause shall be at the staff member’s ordinary rate of pay on an hourly basis calculated as follows:
|Annual salary | |5 | |1 |
| |x | |x | |
|1 | |260.89 | |Normal hours of work |
(b) The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.
(c) Staff members whose salary, pursuant to the Landcom (Salaries 2002) Award, is in excess of the rate for Landcom Officer, Level 4 Salary Point 12 shall be paid travelling time or waiting time calculated at the rate for Landcom Officer, Level 4 Salary Point 12 plus $1.00 per annum, as adjusted from time to time..
(d) Time off in lieu or payment for excess travelling time or waiting time will not granted or made for more than eight hours in any period of 24 consecutive hours.
21. Meal Allowances
(1) A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for:
breakfast when required to commence travel at or before 6.00 am; and/or
an evening meal when required to travel until or beyond 6.30 pm.
In such instances, the staff member shall be paid the amount equivalent to the expense incurred or the allowance specified for breakfast or an evening meal at Item 1 of the Monetary Rates Table of this award, whichever is the lesser.
(2) A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual additional expenses properly and reasonably incurred in accordance with Landcom guidelines for:
lunch, when unable to take lunch at the place at which, or the manner in which, the staff member ordinarily takes lunch and, as a result, incurs additional expense for lunch.
In such instances, the staff member shall be paid the amount equivalent to the additional expense incurred or the allowance specified for lunch at Item 1 of the Monetary Rates Table of this award, whichever is the lesser.
22. Use of Private Motor Vehicles
(1) The Chief Executive Officer may authorise a staff member to use a private motor vehicle for work where:
(a) such use will result in greater efficiency or involve the Corporation in less expense than if travel were undertaken by other means; or
(b) where the staff member is unable to use other means of transport due to a disability.
As defined in clause 5 Definitions of this award, there shall be different classes of allowance payable for the use of a private motor vehicle for work. The appropriate rate of allowance shall be paid depending on the circumstances and the purpose for which the vehicle is used.
(2) The staff member must have in force in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Chief Executive Officer.
(3) A staff member who, with the approval of the Chief Executive Officer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified at Item 2 of the Monetary Rates Table of this award for the use of such private motor vehicle.
(4) Where a private vehicle is damaged while being used for work any normal excess insurance charges prescribed by the insurer shall be reimbursed by the Corporation, provided:
(a) the damage is not due to gross negligence by the staff member; and
(b) the charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.
(5) Provided the damage is not the fault of the staff member, the Corporation shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:
(a) the damage was sustained on approved work activities; and
(b) the costs cannot be met under the insurance policy due to excess clauses.
(6) Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member’s residence and headquarters.
23. Overseas Travel
Unless the Chief Executive Officer determines that a staff member shall be paid travelling rates especially determined for the occasion, a staff member who is required by the Corporation to travel overseas on official business, shall be paid the travelling rates determined by the Australian Public Service and published by the Australian Government Publishing Service from time to time.
24. First-aid Allowance
(1) A staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such staff member as specified at Item 3 of the Monetary Rates Table of this award.
(2) The First Aid Allowance shall not be paid during long service leave or any other continuous period of leave that exceeds four weeks.
(3) When the First-aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First-aid Officer’s position, such staff member shall be paid a first aid allowance for assuming the duties of a First-aid Officer.
25. Uniforms, Protective Clothing and Their Maintenance
(1) A staff member who is required and authorised by the Chief Executive Officer to wear a uniform, protective clothing or other specialised clothing in connection with the performance of official duties shall be provided by the Corporation with such clothing.
(2) Where the approved uniform, protective clothing or other specialised clothing is provided by the staff member, such staff member shall be reimbursed the cost of the uniform, protective clothing or other specialised clothing in accordance with Landcom guidelines.
(3) Staff members shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for laundering and maintaining uniforms or protective clothing.
26. Compensation for Damage to Or Loss of Private Property
(1) Where damage to, or loss of, a staff member’s private property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act, 1987 and/or under any insurance policy of the Corporation covering the damage to or loss of the personal property of the staff member.
(2) If a claim under subclause (1) of this clause is rejected by the insurer, the Chief Executive Officer may compensate a staff member for the damage to, or loss of, private property, if such damage or loss:
(a) is due to the negligence of the Corporation, another staff member, or both, in the performance of their duties; or
(b) is caused by a defect in a staff member’s material or equipment; or
(c) results from a staff member’s protection of or attempt to protect the Corporation’s property from loss or damage.
(3) Compensation in terms of subclause (2) of this clause shall be limited to the amount necessary to repair the damaged item.
(4) Where the item cannot be repaired or is lost, the Chief Executive Officer may pay the cost of a replacement item, provided the item is identical to, or only marginally different from, the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.
(5) For the purpose of this clause, personal property means a staff member’s clothes, spectacles, hearing aid, tools of trade or similar items that are ordinarily required for the performance of the staff member’s duties.
(6) Compensation for the damage sustained shall be made by the Corporation where, in the course of work, clothing or items such as spectacles and hearing aids are damaged or destroyed by natural disasters or by theft or vandalism.
27. Overtime
(1) General
(a) A staff member may be directed by the Chief Executive Officer to work overtime, provided it is reasonable for the staff member to be required to do so.
(b) In determining what is reasonable, the staff member’s prior commitments outside the workplace, particularly their family responsibilities, community obligations or study arrangements shall be taken into account. Consideration shall be given also to the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services.
(c) Payment for overtime shall be made only where the staff member works directed overtime.
(d) Directed overtime is all time worked, at the direction of the Chief Executive Officer:
Outside the 10.5 hour daily bandwidth applicable to a staff member working pursuant to the provisions of clause 9 Hours of Work, whether before or after the commencing and finishing times of the daily bandwidth; and/or
Outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 11 Standard Hours, whether before or after the commencing and finishing times of the set hours; and/or
on a Saturday, Sunday or Public Holiday.
(2) Application
The provisions of this clause shall not apply to:
(a) staff members covered by formal local arrangements in respect of overtime negotiated between the Chief Executive Officer and the Association; or
(b) staff members whose salary includes compensation for overtime; or
(c) staff members who receive an allowance in lieu of overtime.
28. Rates for Payment of Overtime
(1) On weekdays (Monday to Friday inclusive) directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter, unless local arrangements negotiated in terms of the Local Arrangements clause of this award apply.
(2) On Saturdays directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter.
(3) On Sundays directed overtime is paid at the rate of double time.
(4) On Public holidays directed overtime is paid at the rate of double time and one half.
(5) If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member’s control.
(6) A staff member who works directed overtime on a Saturday, Sunday or public holiday, shall be paid a minimum payment as for three (3) hours work at the appropriate rate.
(7) Limit on amount of overtime paid to staff members
A staff member whose salary, pursuant to the Landcom (Salaries 2002) Award, or salary and allowance in the nature of salary, exceeds the annual salary for a Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00, shall be paid for working directed overtime at the rate for Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00.
(8) Calculation of Overtime
(a) Overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.
(b) The formula for the calculation of overtime at ordinary rates for staff members employed on a five (5) day basis shall be:
|Annual salary | |5 | |1 |
| |x | |x | |
|1 | |260.89 | |No of ordinary hours |
| | | | |of work per week |
(c) To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 1.5, 2 or 2.5, respectively, calculated to the nearest cent.
(d) Overtime is not payable for time spent travelling.
29. Rest Periods
(1) A staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.
(2) Where a staff member, at the direction of Landcom, resumes or continues work without having had eight (8) consecutive hours off duty then such staff member shall be paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.
(3) Recall to Duty
(a) A staff member recalled to work overtime after leaving the premises of Landcom shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.
(b) The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.
(c) When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.
(d) When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.
(e) A recall to duty commences when the staff member starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.
(f) A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.
(g) This subclause shall not apply in cases where it is customary for a staff member to return to the Corporation’s premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.
(4) On call (Standby)
A staff member shall be paid the on call allowance as specified at Item 4 of the Monetary Rates Table of this award when directed by the Corporation to be on call outside the staff member's working hours pursuant to the provisions of clauses 9 Hours of Work and 11 Standard Hours of this award.
30. Meal Breaks
(1) Staff members working pursuant to the provisions of clause 11 Standard Hours of this award and who are required to work overtime on weekdays for an hour and a half or more after the staff member’s standard hours of duty, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.
(2) Staff members working pursuant to the provisions of clause 9 Hours of Work of this award and who are required to work overtime on weekdays beyond the conclusion of the daily bandwidth applicable to them, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.
(3) Any staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.
(4) Meal Allowances
(a) If an adequate meal was not provided by the Corporation, a meal allowance shall be paid by the Corporation for meals taken during the meal breaks available pursuant to this award, provided the Chief Executive Officer is satisfied that:
(i) the time worked is directed overtime;
(ii) the staff member properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;
(iii) where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and
(iv) overtime is not being paid in respect of the time taken for a meal break.
(b) The amount of the meal allowance shall be at the rate specified at Item 5 of the Monetary Rates Table of this award.
(c) Where a meal was not purchased, payment of a meal allowance shall not be made.
(d) Where a meal allowance payable under this clause is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the Chief Executive Officer shall approve payment of the actual expenses incurred.
(e) Receipts shall be provided to the Chief Executive Officer in support of any claims for additional expenses or when the staff member is required to substantiate the claim.
(f) Notwithstanding the above provisions, nothing in this clause shall prevent the Chief Executive Officer and the Association from negotiating different meal provisions under a local arrangement.
31. Compensation for Directed Overtime
(1) The Chief Executive Officer shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance this clause.
(2) Leave in Lieu of Payment
(a) A staff member who works directed overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of directed overtime worked.
(b) The following conditions shall apply to the leave in lieu:
(i) the staff member shall advise the supervisor before the overtime is worked, or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;
(ii) the leave in lieu shall be calculated at the same rate as would have applied to the payment of overtime in terms of clause 30 Rates of Pay of Overtime of this award.
(iii) the leave in lieu must be taken at the convenience of the Corporation, except when leave in lieu is being taken to look after a sick family member;
(iv) the leave in lieu shall be taken in multiples of a quarter day;
(v) leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by the Corporation and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the Chief Executive Officer and the Association;
(vi) at the staff member’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and
(vii) a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.
32. Provision of Transport
Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that staff members can use public transport or other normal means of transport to and from work.
For the purpose of this clause, departure or arrival after 8.00 pm will determine whether the provisions of this clause apply.
Departure or arrival after 8.00 pm of a staff member on overtime or a regular or rotating shift roster, does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk. Where it is so demonstrated, arrangements may be made for transport home of the staff member to be provided by way of a taxi.
The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above, rests with the local management of the Corporation where knowledge of each particular situation will enable appropriate judgements to be made.
33. Leave
(1) General
(a) The provisions contained in this clause apply to all staff members other than those to whom a local arrangement negotiated between the Chief Executive Officer and the Association in terms of the Local Arrangements provisions of this award.
(b) Unless otherwise specified, part-time staff members will receive the conditions of this clause on a pro rata basis, calculated according to the number of hours worked per week.
(c) A temporary or term staff member employed by the Corporation is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment with the Corporation, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.
(d) Where paid and unpaid leave available to be granted under this award are combined, paid leave shall be taken before unpaid leave.
(2) Absence from Work
(a) A staff member must not be absent from work unless reasonable cause is shown.
(b) If a staff member is to be absent from duty because of illness or other emergency, the staff member shall notify, or arrange for another person to notify, the supervisor as soon as possible of the staff member’s absence and the reason for the absence.
(c) If a satisfactory explanation for the absence is not provided, the staff member will be regarded as absent from duty without authorised leave and the Chief Executive Officer shall cause to be deducted from the pay of the staff member the amount equivalent to the period of the absence.
(d) The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.
(3) Application for Leave
(a) An application by a staff member for leave under this award shall be made to, and dealt with by, the Chief Executive Officer.
(b) Where the operational requirements of the Corporation permit, an application for leave shall be dealt with by the Chief Executive Officer according to the wishes of the staff member.
34. Annual Leave
(1) Paid annual leave for full time staff members accrues at the rate of 20 working days per year and accrues from day to day.
(2) Staff members working part time shall accrue paid annual leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.
(3) The Chief Executive Officer will inform a staff member in writing on a regular basis of the staff member’s annual leave accrual.
(4) Limits on Accumulation and Direction to Take Leave
(a) At least two (2) consecutive weeks of annual leave (or a combination of annual leave and public holidays, agreed absences, long service leave or, if the staff member elects, leave without pay) shall be taken by a staff member every 12 months for recreation purposes, except by agreement with the Chief Executive Officer in special circumstances.
(b) After taking into account the wishes of the staff member, the Chief Executive Officer may direct such staff member to take accrued annual leave at a time convenient to the Corporation.
(c) The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 6 weeks, or its hourly equivalent, and at the same time, may direct a staff member to take at least 2 weeks annual leave within 3 months of the notification. Such leave is to be taken at a time convenient to the Corporation.
(d) The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 8 weeks, or its hourly equivalent, and direct the staff member to take at least 2 weeks annual leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Corporation.
(5) Conservation of Leave
If the Chief Executive Officer is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient annual leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks, or its hourly equivalent, the Chief Executive Officer shall:
(a) specify in writing the period of time during which the annual leave in excess of 6 weeks shall be conserved; and
(b) on the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 6 weeks limit.
(6) Miscellaneous
(a) Unless a local arrangement has been negotiated between the Chief Executive Officer and the Association, annual leave is not to be granted for a period less than a quarter day or in other than multiples of a quarter day.
(b) Annual leave for which a staff member is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).
(c) Annual leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph (d) of this subclause.
(d) Annual leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers’ Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.
(e) The proportionate deduction to be made in respect of the accrual of annual leave on account of any period of absence referred to in paragraph (d) of this subclause shall be calculated to a quarter day (fractions less than a quarter being rounded down).
(f) Annual leave accrues at half the normal accrual rate during periods of long service leave on half pay.
(g) On cessation of employment, a staff member is entitled to be paid the money value of accrued annual leave which remains untaken.
(h) A staff member to whom paragraph (g) of this subclause applies may elect to take all or part of accrued annual leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.
(7) Death
Where a staff member dies, the monetary value of annual leave accrued and remaining untaken as at the date of death, shall be paid to the staff member’s nominated beneficiary. Where no beneficiary has been nominated, the monetary value of annual leave is to be paid as follows:
(a) to the widow or widower of the staff member; or
(b) if there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children’s maintenance, education and advancement; or
(c) if there is no such widow, widower or children, to the person who, in the opinion of the Chief Executive Officer was, at the time of the staff member’s death, a dependent relative of the staff member; or
(d) if there is no person entitled under paragraphs (a) or (b) or (c) of this subclause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.
(8) Annual Leave Loading
(a) From the first pay period on or after 1 March 2002, the base salary of all positions shall increase by 1.35 per cent as compensation for the inclusion annual leave loading as an all purpose component of salary payments. This salary increase shall be made in lieu of separately payable annual leave loading.
(b) Accrued Annual Leave Loading will be fully paid including pro-rata entitlements accrued prior to the date of effect of the Landcom (Salaries 2002) Award.
35. Sick Leave
(1) General
If the Chief Executive Officer is satisfied that a staff member is unable to perform duty because of the staff member’s illness or the illness of his/her family member, the Chief Executive Officer:
(a) shall grant to the staff member sick leave on full pay; and
(b) may grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this clause to sick leave on full pay.
(2) Entitlements
(a) Sick leave on full pay accrues to a staff member at the rate of 15 days each calendar year. Any leave accrued and not utilised accumulates.
(b) Sick leave on full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1 January, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.
(c) All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.
(d) Notwithstanding the provisions of paragraph (c) of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.
(e) Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay shall be treated in the same manner as leave without pay.
(f) When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.
(g) Paid sick leave shall not be granted during a period of unpaid leave.
(3) Payment During the Initial 3 Months of Service
Paid sick leave which may be granted to a staff member, other than a relief staff member, in the first 3 months of service shall be limited to 5 days’ paid sick leave, unless the Chief Executive Officer approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.
(4) Seasonal or Relief Staff
No paid sick leave shall be granted to temporary staff members who are employed as relief staff for a period of less than 3 months.
36. Sick Leave - Workers’ Compensation
(1) The Chief Executive Officer shall advise each staff member of the rights under the Workers’ Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.
(2) A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers’ Compensation Act 1987, shall be required to lodge a claim for any such compensation.
(3) Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Chief Executive Officer shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.
(4) The Chief Executive Officer will ensure that, once received by the Corporation, a staff member’s worker’s compensation claim is lodged by the Corporation with the workers’ compensation insurer within the statutory period prescribed in the Workers’ Compensation Act 1987.
(5) Pending the determination of that claim, and on production of an acceptable medical certificate, the Chief Executive Officer shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member’s election, by accrued recreation leave or extended leave.
(6) If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.
(7) A staff member who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member’s ordinary rate of pay. Sick leave utilised in this way shall be debited against the staff member.
(8) If a staff member notifies the Chief Executive Officer that he or she does not intend to make a claim for any such compensation, the Chief Executive Officer shall consider the reasons for the staff member’s decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.
(9) A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.
(10) If the Chief Executive Officer provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.
(11) No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.
(12) Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:
(a) the staff member’s claim for workers’ compensation;
(b) the conduct of a medical examination by a Government or other Medical Officer;
(c) a medical certificate issued by the examining Government or other Medical Officer; or
(d) action taken by the Chief Executive Officer either under the Workers’ Compensation Act 1987 or any other relevant legislation in relation to a claim for workers’ compensation, medical examination or medical certificate.
37. Sick Leave - Other Than Workers’ Compensation
(1) If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that:
(a) any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Corporation to the staff member; and
(b) in the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the Corporation the monetary value of any such period of sick leave.
(2) Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Chief Executive Officer is satisfied that the refusal or failure is unavoidable.
(3) On repayment to the Corporation of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, shall be restored to the credit of the staff member.
38. Sick Leave - Requirements for Medical Certificate
(1) A staff member absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the Chief Executive Officer in respect of the absence.
(2) A staff member shall be put on notice in advance if required by the Chief Executive Officer to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.
(3) If there is any concern about the reason shown on the medical certificate, the Chief Executive Officer, after discussion with the staff member, may refer the medical certificate and the staff member’s application for leave to the Government Medical Officer for advice.
(4) The nature of the leave to be granted to a staff member shall be determined by the Chief Executive Officer on the advice of the Government Medical Officer.
(5) If sick leave applied for is not granted, the Chief Executive Officer must, as far as practicable, take into account the wishes of the staff member when determining the nature of the leave to be granted.
(6) A staff member may elect to have an application for sick leave dealt with confidentially by the Government Medical Officer in accordance with the general public service policy on confidentiality, as applies from time to time.
(7) If a staff member who is absent on annual leave or long service leave, furnishes to the Chief Executive Officer a satisfactory medical certificate in respect of an illness which occurred during the leave, the Chief Executive Officer may, subject to the provisions of this clause, grant sick leave to the staff member as follows:
(a) in respect of annual leave, the period set out in the medical certificate;
(b) in respect of long service leave, the period set out in the medical certificate if such period is 5 working days or more.
(8) Subclause (7) above applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.
(9) The reference in this clause to a medical certificate shall apply, as appropriate, to the certificates for the absence of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Chief Executive Officer’s discretion, another registered health services provider. Where the absence exceeds one week, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.
39. Sick Leave to Care for a Family Member
(1) When family and community service leave provided for in clause 45 of this award is exhausted, a staff member with responsibilities in relation to a category of person set out in subclause (4) of this clause who needs the staff member’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.
(2) The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the Chief Executive Officer may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.
(3) If required by the Chief Executive Officer, the staff member must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.
(4) The entitlement to use sick leave in accordance with this subclause is subject to:
(a) the staff member being responsible for the care and support of the person concerned; and
(b) the person concerned being:
(i) a spouse of the staff member; or
(ii) a defacto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or
(iii) 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 staff member or of spouse or of defacto spouse of the staff member; or
(iv) a same sex partner who lives with the staff member as the defacto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one spouse or partner has to the relatives of the other; and
"household" means a family group living in the same domestic dwelling.
40. Maternity Leave
(1) A staff member who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:
(a) for a period up to 9 weeks prior to the expected date of birth; and
(b) for a further period of up to 12 months after the actual date of birth.
(2) A staff member who has been granted maternity leave may, with the permission of the Chief Executive Officer, take leave after the actual date of birth:
(a) full-time for a period of up to 12 months; or
(b) part-time for a period of up to 2 years; or
(c) as a combination of full-time and part-time over a proportionate period of up to 2 years.
(3) A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.
(4) A staff member who resumes duty before her child’s first birthday or on the expiration of 12 months from the date of birth of her child shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, if the position still exists.
(5) If the position occupied by the staff member immediately prior to maternity leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.
(6) A staff member who:
(a) applied for maternity leave within the time and in the manner determined by the Chief Executive Officer; and
(b) prior to the expected date of birth, completed not less than 40 weeks’ continuous service, shall be paid at her ordinary rate of pay for a period not exceeding 9 weeks or the period of maternity leave taken, whichever is the lesser period.
(7) Except as provided in this clause, maternity leave shall be granted without pay.
41. Parental Leave
(1) Parental leave is available to a staff member who applies for leave to look after their child or children. Parental leave applies as follows:
(a) short parental leave is an unbroken period of up to one week at the time of the birth of the child or other termination of the spouse’s or partner’s pregnancy, or in the case of adoption, from the date of taking custody of the child or children;
(b) extended parental leave is for a period not exceeding 12 months, less any short parental leave already taken by the staff member as provided for in this subclause.
(2) Extended parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.
(3) A staff member who has been granted parental leave may, with the permission of the Chief Executive Officer, take such leave:
(a) full-time for a period not exceeding 12 months; or
(b) part-time over a period not exceeding 2 years; or
(c) partly full-time and partly part-time over a proportionate period of up to 2 years.
(4) A staff member who resumes duty immediately on the expiration of parental leave shall:
(a) if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or
(b) if the position occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.
(5) Parental leave shall be granted without pay, unless the staff member elects to take accrued recreation or extended leave in respect of some or all of the period of parental leave.
42. Adoption Leave
(1) A staff member adopting a child and who will be the primary care giver shall be entitled to be granted adoption leave:
(a) for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or
(b) for such period, not exceeding 12 months on a full-time basis, as the Chief Executive Officer may determine, if the child has commenced school at the date of the taking of custody.
(2) A staff member who has been granted adoption leave may, with the permission of the Chief Executive Officer, take leave:
(a) full-time for a period not exceeding 12 months; or
(b) part-time over a period not exceeding 2 years; or
(c) partly full-time and partly part-time over a proportionate period of up to 2 years.
(3) Adoption leave shall commence on the date that the staff member takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the staff member.
(4) A staff member who resumes duty immediately on the expiration of adoption leave shall:
(a) if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or
(b) if the position so occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.
(5) A staff member who will be the primary care giver from the date of taking custody of the adopted child shall be entitled to payment at the ordinary rate of pay for a period of 3 weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period if the staff member:
(a) applied for adoption leave within the time and in the manner determined by the Chief Executive Officer; and
(b) prior to the commencement of adoption leave, completed not less than 40 weeks’ continuous service.
(6) Except as provided in subclause (5) of this clause, adoption leave shall be granted without pay.
(7) Special Adoption Leave
A staff member shall be entitled to special adoption leave without pay for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, agreed absences or family and community service leave.
43. Family and Community Service Leave
(1) The Chief Executive Officer shall, in the case of emergencies or in personal or domestic circumstances, grant to a staff member some or all of the available family and community service leave on full pay.
(2) Such cases may include but not be limited to the following:
(a) compassionate grounds such as the death or illness of a close member of the family or a member of the staff member’s household;
(b) accommodation matters up to one day such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;
(c) emergency or weather conditions such as when flood, fire or snow threaten property and/or prevent a staff member from reporting for duty;
(d) other personal circumstances such as citizenship ceremonies, parent/teacher interviews or attending child’s school for other reasons;
(e) attendance at court by a staff member to answer a charge for a criminal offence, if the Chief Executive Officer considers the granting of family and community service leave to be appropriate in a particular case;
(f) staff members who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games);
(g) staff who hold office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours
(3) The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be the greater of the leave provided in paragraphs (a) or (b) of this subclause.
(a) 2.5 working days in the staff member’s first year of service and, on completion of the first year’s service, 5 working days in any period of 2 years; or
(b) After the completion of 2 years’ continuous service, the available family and community service leave is determined by allowing 1 day’s leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the staff member.
(4) If available family and community service leave is exhausted as a result of natural disasters, the Chief Executive Officer shall consider applications for additional family and community service leave, if some other emergency arises. On the death of a person defined in subclause (4) of clause 39 Sick Leave to Care for a Family Member, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.
(5) In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with subclause (2) of clause 39 Sick Leave to Care for a Family Member shall be granted when paid family and community service leave has been exhausted.
44. Observance of Essential Religious Or Cultural Obligations
(1) A staff member of:
(a) any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or
(b) any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations, may be granted recreation/extended leave to credit, agreed absences or leave without pay to do so.
(2) Provided adequate notice as to the need for leave is given by the staff member to Landcom and it is operationally convenient to release the staff member from duty, the Chief Executive Officer must grant the leave applied for by the staff member in terms of this clause.
(3) A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Chief Executive Officer, subject to:
(a) adequate notice being given by the staff member; and
(b) prior approval being obtained by the staff member; and
(c) the time off being made up in the manner approved by the Chief Executive Officer.
(4) Notwithstanding the provisions of subclauses (1), (2) and (3) of this clause, arrangements may be negotiated between Landcom and the Association in terms the Local Arrangements clause of this award to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.
45. Long Service Leave
(1) Entitlement to Long Service Leave
(a) A staff member shall be entitled to long service leave after a certain period of service. Subject to this clause, a staff member is entitled:
(i) after service for 10 years, to leave for 2 months on full pay or 4 months on half pay, and
(ii) after service in excess of 10 years, to:
1. leave as provided by subparagraph (i), and
2. in addition, an amount of leave proportionate to the staff member's length of service after 10 years, calculated on the basis of 5 months on full pay, or 10months on half pay, for 10 years served after service for 10 years.
(b) For the purpose of calculating the entitlement of a person to long service leave under this clause at any time:
(i) service referred to in this clause includes service before the commencement of this award, and
(ii) there must be deducted from the amount of long service leave to which, but for this subparagraph, that person would be entitled:
1. any long service leave, or leave in the nature of long service leave, and
2. the equivalent, in long service leave, of any benefit instead of long service leave or leave in the nature of long service leave, taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with the Public Service (Amendment) Act 1919 as in force at any time, and
(iii) the provisions of the Transferred Officers Extended Leave Act 1961 have effect.
(c) Nothing in paragraph (b) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both paragraph (b)(ii) and section 3(7) of the Transferred Officers Extended Leave Act 1961.
(d) If the services of a staff member with at least 5 years' service as an adult and less than 10 years' service are terminated:
(i) by the Chief Executive Officer for any reason other than the staff member's serious and intentional misconduct, or
(ii) by the staff member on account of illness, incapacity or domestic or other pressing necessity, the staff member is entitled:
(iii) for 5 years' service, to 1 month's leave on full pay, and
(iv) for service after 5 years, to a proportionate amount of leave on full pay calculated on the basis of 3 months' leave for 15 years' service (that service to include service as an adult and otherwise than as an adult).
(e) For the purposes of paragraph (d), "service as an adult", in the case of a staff member employed to do any work for which the remuneration:
(i) has been fixed by an award of the Commonwealth:
1. made under the Conciliation and Arbitration Act 1904 of the Commonwealth, or
2. made under the Industrial Relations Act 1996, or
(ii) has been fixed by an industrial agreement or enterprise agreement made in accordance with or registered under either of those Acts or an agreement or determination made in accordance with the Public Sector Management Act 1988, means the period of service during which the remuneration applicable to the staff member was at a rate not lower than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the staff member.
(f) For the purposes of paragraph (a), service includes:
(i) service under the Teaching Services Act 1980, and
(ii) service as an administrative officer under the Police Service Act 1990, and
(iii) any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(iv) in the case of a staff member who has completed at least 10 years' service - any period of leave without pay, not exceeding 6 months, taken after that commencement.
(g) For the purpose of determining whether or not a staff member has completed at least 10 years' service, the staff member's period of service shall be taken:
(i) to include any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(ii) to exclude any period of leave without pay taken after that commencement.
(h) For the purposes of paragraph (d), "service" does not include any period of leave without pay whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.
(2) Gratuity Payment
(a) A staff member who has acquired a right to long service leave with pay under this award is entitled, immediately on the termination of the staff members' services, to be paid instead of that leave the money value of the long service leave as a gratuity in addition to any gratuity to which the staff member may be otherwise entitled.
(b) Any pension to which any such staff member is entitled under the Superannuation Act 1916 commences from and including the date on which the staff members' long service leave, if taken, would have commenced.
(c) Any staff member may elect, on termination of the staff members’ services, to be paid the money value of long service leave under this clause or may elect to have the Transferred Officers Extended Leave Act 1961 apply to the periods of service for which the leave has accrued.
(3) Payment Where Eligible Staff Members have Died
(a) If an staff member has acquired a right under this award to long service leave with pay and dies before starting it, or after starting it dies before completing it:
(i) the widow or widower of the staff member, or
(ii) if there is no such widow or widower, the children of the staff member, or
(iii) if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the staff member's death, a dependent relative of the staff member, is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the staff member received at the time of his or her death, less any amount paid to the staff member in respect of the leave not taken, or not completed.
(b) If a staff member with at least 5 years' service as an adult and less than 10years' service as referred to in this clause dies:
(i) the widow or widower of the staff member, or
(ii) if there is no such widow or widower, the children of the staff member, or
(iii) if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the death of the staff member, a dependent relative of the staff member, is entitled to receive the money value of the leave which would have accrued to the staff member had his or her services terminated as referred to in this clause, computed at the rate of salary that the staff member was receiving at the time of his or her death.
(c) If there is a guardian of any children entitled under this clause, the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.
(d) If there is no person entitled under this clause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to a staff member, payment in respect of that leave must be made to the staff member's personal representatives.
(e) Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.
(f) If payment of the money value of leave has been made under this award, the Landcom ceases to be liable for payment of any amount in respect of that leave.
(4) Long Service Leave for Temporary Employees
(a) In this clause, a reference to a staff member includes a reference to a temporary staff member.
(b) If the period of leave to which a temporary staff member is entitled under this clause exceeds the period for which the temporary staff member is employed under this award, the balance of that period of leave may be granted during subsequent periods of employment with Landcom if each subsequent period of employment commences on the termination of a previous period of employment with Landcom.
46. Leave Without Pay
(1) The Chief Executive Officer may grant leave without pay to a staff member if good and sufficient reason is shown.
(2) Leave without pay may be granted on a full-time or a part-time basis.
(3) Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay .
(4) Where a staff member is granted leave without pay, which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.
(5) A staff member who has been granted leave without pay, shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Chief Executive Officer.
(6) A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.
(7) No paid leave shall be granted during a period of leave without pay.
47. Military Leave
(1) During the period of 12 months commencing on 1 July each year, the Chief Executive Officer may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the staff member’s unit.
(2) Up to 24 working days military leave per year may be granted by the Chief Executive Officer to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in subclause (1) of this clause.
(3) At the expiration of military leave, the staff member shall furnish to the Chief Executive Officer a certificate of attendance signed by the commanding officer or other responsible officer.
48. Special Leave
The Chief Executive Officer shall consider applications for special leave, and where appropriate, shall approve such leave as determined on a case by case basis.
(1) Special Leave for Jury Service
(a) A staff member shall, as soon as possible, notify the Chief Executive Officer of the details of any jury summons served on the staff member.
(b) A staff member who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Chief Executive Officer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.
(c) When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Chief Executive Officer shall grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Chief Executive Officer shall grant, at the sole election of the staff member, available recreation leave on full pay, agreed absences or leave without pay.
(2) Witness at Court in an Official Capacity
(a) When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty.
(b) Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity shall be paid by the Corporation.
(3) Witness at Court in Other than an Official Capacity as a Crown Witness
A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:
(a) be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and
(b) pay to Landcom all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.
(4) Called as a Witness in a Private Capacity
A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member’s election, available recreation leave on full pay or leave without pay.
(5) Examinations
(a) Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Chief Executive Officer.
(b) Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.
(6) Return Home When Temporarily Living Away from Home
(a) Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements. Such staff member shall be granted sufficient special leave once a month, before or after a weekend or a long weekend, to return home to spend two days and two nights with the family.
(b) If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or agreed absence to credit or leave without pay, if the operational requirements allow.
(7) Return Home When Transferred to New Location
Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Officers Compensation) Award.
(8) National Aborigines and Islander Day of Commemoration Celebrations
A staff member who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations.
(9) Other Purposes
Special leave on full pay for other purposes may be granted to staff members at the discretion of the Chief Executive Officer.
49. Staff Development, Training Activities and Study Assistance
The Chief Executive Officer shall grant or refuse applications for staff development and training and/or study time and/or any reimbursement of fees in accordance with arrangements and criteria established in the relevant Landcom policy.
50. Exchanges
(1) The Chief Executive Officer may arrange staff member exchanges with other organisations both public and private, if the Corporation or the staff member will benefit from additional training and development which is intended to be used in the carrying out of the Corporation’s business.
(2) The conditions applicable to staff members who participate in exchanges will be determined by the Chief Executive Officer according to the individual circumstances in each case.
51. Relocation Package
Negotiated benefits for staff members required by Landcom to relocate will be agreed with individual staff members prior to relocation. The benefits will be equal to, or better than, the current provisions of the Crown Employees (Transferred Officers’ Compensation) Award.
The package of variable individually negotiated benefits will be established to compensate for the expenses and associated dislocation experienced by staff members as a result of relocating from one residential location to another residential location as a necessary consequence of promotion, transfer (for other than disciplinary reasons) or staff exchange to a new work location.
The scope of the package must be defined in broad terms at the time of acceptance of the new position.
52. Termination of Employment
A full time staff member shall give Landcom 10 working days notice prior to resigning from employment. A period of notice is inclusive of Public Holidays.
Notwithstanding the provisions of this clause, the Chief Executive Officer may accept a shorter period of notice or waive the requirement for a period of notice or pay out a period of notice.
The provisions of this clause apply to part time staff members on a pro-rata basis.
53. Working from Home
The Chief Executive Officer may approve applications by staff members to work from home on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in Landcom’s Work from Home policy.
54. Private Employment
The Chief Executive Officer may approve applications by staff members to undertake private employment on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in Landcom’s Private Employment policy.
55. Management of Displaced Staff Members
(1) Where changes in the workplace result in staff members becoming displaced, Landcom will endeavour to find a permanent placement for such staff members at Landcom.
(2) Staff members declared displaced/excess shall be entitled, as a minimum, to the entitlements set out in Premier’s Department Memoranda No. 96-5 and No. 97-27.
(3) The Chief Executive Officer may approve applications by staff members for assistance under the Landcom Job Assist Scheme in accordance with arrangements and criteria as established in Landcom’s Job Assist Scheme policy.
56. Child Care Arrangements
Landcom shall consult with the Association during the life of the award on the development of child care arrangements based on the Family Day Care Scheme.
57. Performance Management
(1) Performance Management System
(a) The Landcom Performance Management System and associated policy shall be used to identify, develop and evaluate each staff member’s work performance and development needs in relation to achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member.
(b) Formal appraisals under the Performance Management System shall also be used to assess incremental progression to the next salary point within each salary level.
(c) Incremental progression is not an automatic annual entitlement. It is subject to satisfactory performance as recommended and documented by the supervisor in accordance with the Landcom Performance Management System.
(d) The salary and performance of each staff member shall normally be reviewed annually.
(e) Supervisors may complete additional formal appraisals within this annual cycle.
(f) Where the result of the annual review shows the result of "unsatisfactory" performance, the supervisor shall take the necessary steps to address the performance problems in consultation with the staff member.
(g) If performance problems cannot be satisfactorily resolved through undertaking reasonable measures then, as a last resort, commencement of disciplinary action shall begin in accordance with clause 58, Unsatisfactory Performance or Misconduct of this award.
(2) Accelerated Progression
The Chief Executive Officer may decide on accelerated progression through the salary points within the relevant Level shown in the salaries schedule of the Landcom (Salaries 2002) Award for staff members who are formally assessed to perform at the highest of the five levels available under the Landcom Performance Management System.
58. Unsatisfactory Performance Or Misconduct
(1) The Chief Executive Officer shall deal with cases of unsatisfactory performance or misconduct in accordance with arrangements and procedures as established in the Landcom Unsatisfactory Performance or Misconduct policy.
(2) If criminal charges have been laid or a complaint made to a body such as the Independent Commission Against Corruption or the Anti-Discrimination Board, the Chief Executive Officer shall consider whether the matter should be pursued through other means.
(3) Remedies available to the Chief Executive Officer include summary dismissal for serious and willful misconduct.
59. 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 responsibility 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.
(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."
60. Association Activities
(1) "On duty" Activities
An Association delegate will be released from the performance of normal Landcom duty in respect of activities specified below and will not be required to apply for leave:
(a) Attendance at meetings of the workplace’s Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 2000 and the Regulations;
(b) Attendance at meetings with workplace management or workplace management representatives;
(c) A reasonable period of preparation time, before-
(i) meetings with management;
(ii) disciplinary or grievance meetings when a Association member requires the presence of an Association delegate; and
(iii) any other meeting with management.
by agreement with management, where operational requirements allow the taking of such time;
(d) Giving evidence in court on behalf of the employer;
(e) Appearing as a witness before the Government and Related Employees Appeal Tribunal; and
(f) Representing the Association at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member.
(2) Special Leave Activities
The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:
(a) annual or biennial conferences of the Association;
(b) meetings of the Association’s Executive, Committee of Management or Councils;
(c) annual conference of the Labor Council of NSW and the biennial Congress of the Australian Council of Trade Unions;
(d) attendance at meetings called by the Labor Council of NSW involving the Association, which require attendance of a delegate;
(e) giving evidence before an Industrial Tribunal as a witness for the Association;
(f) reasonable travelling time to and from conferences or meetings to which the provisions of subclauses (a), (b) and (c) of this clause apply.
(3) Training Courses
(a) Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members will attract the grant of special leave. The provider(s) of accredited OH&S training courses, and the conditions on which special leave for such courses will be granted, shall be negotiated between the Chief Executive Officer and the Association under a local arrangement pursuant to the Local Arrangements Clause in this award.
(b) Special leave will be granted Association members for attendance at courses organised and conducted by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:
(i) the operating requirements of Landcom permitting the grant of leave and the absence not requiring employment of relief staff members;
(ii) payment being at the ordinary time rate, ie excluding extraneous payments such as shift allowances, penalty rates or overtime;
(iii) all travelling and associated expenses being met by the staff member or the Association;
(iv) attendance at the relevant training course being confirmed, in writing, by the Association or a nominated training provider.
(4) Period of Notice
The Chief Executive Officer must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other relevant activity is known.
61. Access to Facilities
Landcom shall provide accredited Association delegates with reasonable access to the following facilities for authorised Association activities:
(1) telephone, facsimile and, where available, E-mail facilities;
(2) a notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;
(3) workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.
62. Right of Entry
The right of entry provisions shall be as prescribed under the Occupational Health and Safety Act 2000 and the Industrial Relations Act 1996.
63. Industrial Action
(1) Provisions of the Industrial Relations Act 1996 shall apply to the right of union members to take lawful industrial action.
(2) There will be no victimisation of staff members prior to, during or following such industrial action.
64. Technological Change
Landcom shall consult with the Association prior to the introduction of significant technological change(s).
65. Association Deductions
At the election of the staff member, the Chief Executive Officer shall provide for the staff member’s Association membership fees to be deducted from the staff member’s pay and ensure that such fees are transmitted to the Association at regular intervals.
66. Public Holidays
(1) Unless directed to attend for duty by the Chief executive Officer, a staff member is entitled to be absent from duty on any day which is:
(a) a public holiday throughout the State; or
(b) a local holiday in that part of the State at or from which the staff member performs duty; or
(c) a day in the same fortnight in which Christmas Day and New Year’s Day occur, determined by the Chief Executive Officer as a public holiday for Landcom staff members.
(2) A staff member, who is required by the Chief Executive Officer to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.
(3) If a local holiday falls during a staff member’s absence on leave, the staff member is not to be credited with the holiday.
67. Community Language Allowance
Staff members who possess a basic level of competence in a community language and who work in locations where their community language is utilised at work to assist clients and such staff members are not employed as interpreters and translators or employed in positions where particular language skills are an integral part of the essential requirements of the position shall be paid an allowance as specified at Item 6 of the Monetary Rates Table of this award
68. No Extra Claims
This award is made on the basis that there will be no new salaries or condition claims arising from negotiation of productivity and efficiency improvements covered by this award or the Landcom (Salaries 2002) Award.
69. Saving of Entitlements
No staff member covered by this award shall suffer a reduction in the rate of pay or any loss or diminution of any conditions of employment as a consequence of the making of this Award.
70. Monetary Rates Table
|Item No. |Clause No. |Summary Description of Allowances |Amount |
|1 |21 |Capital cities and high cost country centres | |
| | |(see list below) | |
| | | | |
| | |Breakfast Allowance |$16.65 |
| | |Evening Meal Allowance |$31.95 |
| | |Lunch Allowance |$18.55 |
| | |Capital Cities | |
| | | | |
| | |Adelaide | |
| | |Brisbane | |
| | |Canberra | |
| | |Darwin | |
| | |Hobart | |
| | |Melbourne | |
| | |Perth | |
| | |Sydney | |
| | | | |
| | |High Cost country centres | |
| | | | |
| | |Alice Springs (NT) | |
| | |Ballarat (Vic) | |
| | |Broken Hill (NSW) | |
| | |Broome (WA) | |
| | |Burnie (Tas) | |
| | |Cairns (Qld) | |
| | |Christmas Island | |
| | |Cocos (Keeling) Islands | |
| | |Dampier (WA) | |
| | |Derby (WA) | |
| | |Devonport (Tas) | |
| | |Exmouth (WA) | |
| | |Gold Coast (Qld) | |
| | |Geelong (Vic) | |
| | |Halls Creek (WA) | |
| | |Horn Island | |
| | |Jabiru (NT) | |
| | |Kalgoorlie (WA) | |
| | |Karratha (WA) | |
| | |Katherine (NT) | |
| | |Kununurra (WA) | |
| | |Launceston (Tas) | |
| | |Maria (SA) | |
| | |Newcastle (NSW) | |
| | |Newman (WA) | |
| | |Nhulunbuy (SA) | |
| | |Norfolk Island | |
| | |Paraburdoo (WA) | |
| | |Pt Hedland (WA) | |
| | |Roebourne (WA) | |
| | |Thursday Island | |
| | |Tom Price (WA) | |
| | |Wagga Wagga (NSW) | |
| | |Weipa (Qld) | |
| | |Wilpena (SA) | |
| | |Wollongong (NSW) | |
| | |Wyndham (WA) | |
| | |Yulara (NT) | |
| | | | |
| | |Other country centres | |
| | | | |
| | |Breakfast Allowance |$14.80 |
| | |Evening Meal Allowance |$29.25 |
| | |Lunch Allowance |$16.95 |
| | | | |
|2 |22(3) |Use of private motor vehicle during work related duties |Rate per km |
| | | | |
| | |Official business rate: | |
| | |Engine Capacity | |
| | | | |
| | |over 2700cc |71.6 cents |
| | |1600-2700cc |66.6 cents |
| | |under 1600cc |47.7 cents |
| | | | |
| | |Casual rate: | |
| | |Engine Capacity | |
| | | | |
| | |over 2700cc |25.5 cents |
| | |1600-2700cc |23.6 cents |
| | |under 1600cc |19.9 cents |
|3 |24(1) |First Aid allowance: |$ per annum |
| | |a) Holder of a current First Aid Certificate and |505.00 |
| | |designated First Aid Officer | |
| | |b) Holder of a Current Occupational First Aid Certificate |761.00 |
| | |and designated First Aid Officer | |
|4 |29(4) |On call allowance |55 cents per hour |
|5 |30(4) |Overtime meal allowance: | |
| | |Breakfast Allowance |$18.50 |
| | |Lunch Allowance |$18.50 |
| | |Dinner Allowance |$18.50 |
| | |Second overtime meal allowance |$7.50 |
|6 |67 |Community Language Allowance |$788 per annum |
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1182) |SERIAL C1209 |
LHMU AND TIP TOP BAKERIES (NSW) ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 8600 of 2001)
|Before Mr Deputy President Grayson |13 February 2002 |
AWARD
PART A
ARRANGEMENT
PART A
Clause No. Subject Matter
1. Arrangement
2. Savings Provisions
3. Definitions
4. Contract of Employment
5. Apprentices
6. Classifications
7. Wages
8. Allowances
9. Ordinary-time Hours of Work
10. Broken Shifts - Merchandisers Only
11. Meal Breaks
12. Shift and Weekend Loadings
13. Overtime
14. Casual Loadings
15. Redundancy
16. Annual Leave
17. Long Service Leave
18. Flexible Leave
19. Sick Leave
20. Family Leave
21. Jury Service
22. Shortage of Money or Bread
23. Occupational Superannuation
24. Occupational Health and Safety
25. Labour Hire Employees
26. Disputes Procedure
27. Rights of Union Members
28. Anti-Discrimination
29. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Weekly (38-Hour) Rates for Full-time Employees
Table 2 - Allowances
Appendix 1 - Classification Level Indicators
Appendix A - Country Region - Merchandiser Reduced Minimum Start
Appendix B - Disciplinary Procedures
Appendix C - Probationary Employee Performance Review
2. Savings Provisions
2.1 Doughmaker: An employee who was employed as a doughmaker on 3 January 1990 and who has been receiving an additional annual holiday per year, shall continue to receive that annual holiday whilst ever engaged in that capacity.
2.2 Pre-existing Rate of Pay: Notwithstanding any other provision of this award, no employee to whom this award applies who was employed by the Company in the pay week preceding 3 January 1990 and who has been continuously employed by the Company since that date, shall be paid an amount per week which is less than the employee was paid for the employee's ordinary weekly hours of work plus shift penalty (if any) for that pay week.
2.3 Disputes Re Matters Not Expressly Provided For: in the event that a dispute arises between the parties to this award over a matter not expressly provided for under this award, as introduced and/or as varied from time to time, then if such matter is expressly provided for under the provisions of the Bread Industry (State) Award published 24 February 1995 (284 I.G. 136), as varied (or any successor award to that award), then the provisions of that award shall apply to the issue in dispute. To the extent, and for the time necessary, the matters which this savings provision applies to shall include (but not be limited to) award coverage, Classification structure, Merchandisers travel allowance and Redundancy.
3. Definitions
3.1 Full-time Employee means an employee appointed on a continuing basis for a specified number of rostered ordinary-time hours each eight weeks, in the range 304 hours to 320 hours.
3.2 Part-time Employee means an employee appointed on a continuing basis for a specified number of rostered ordinary-time hours each week, being less than 38 hours per week.
3.3. Casual Employee means an employee who is engaged by the hour for less than 38 hours in any one week, who is offered work on an intermittent or irregular basis to meet emergency requirements for staffing, including fluctuations in demand and leave, who may either accept or reject that offer and who does not acquire, as a consequence of any engagement, any entitlement to be offered any further work.
3.4 Company means George Weston Foods Limited (ACN 008 429 632) trading as "Tip Top Bakeries".
3.5 Union means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
4. Contract of Employment
4.1 Type of Engagement: Employees employed under this award may be engaged on either a full-time, part-time or casual basis, in accordance with the definitions of those terms as provided under clause 3, Definitions of this Award. All new full-time and part-time employees employed by the Company shall be given a letter of appointment by the Company which specifies the type of engagement for which the employee has been employed and the period of probation (if any) which will be applied, together with a brief description of the type of work which the employee will be required to perform and (where relevant) the details of any specific purpose or project for which the employee has been engaged.
4.2 Probationary Appointment: A new employee (other than a casual employee) may be appointed on a probationary basis for a period of up to 13 weeks, subject to the following provisions:
4.2.1 Assessment: During any probationary period applied by the Company the probationary employee's performance will be monitored and any deficiency will be reported to the employee in writing, in accordance with Appendix C together with clear advice as to what changes are required in his/her performance in order to correct that deficiency.
4.2.2 Termination of Employment: The employment of a probationary employee may only be terminated in accordance with the provisions of subclause 4.3 of this clause, except that where a probationary employee has previously been advised of a deficiency in the performance of his/her duties but has unreasonably failed to correct that deficiency, then such employee's employment may be terminated by the Company with one day's notice or by the payment of one day's pay in lieu of such notice.
4.2.3 Other Conditions: Except as is provided by this subclause, the provisions of this award shall apply equally to probationary employees as to other employees.
4.3 Termination of Employment: Full-time and Part-time Employees:
4.3.1 Termination by the Company:
4.3.1.1 An employee may be summarily dismissed for serious misconduct, being conduct by the employee of such a nature as would constitute a repudiation by the employee of his or her contract of employment, including, but not limited to, serious or wilful misconduct, dishonesty, drunkenness, insubordination, or other similar major breach of the employee's obligations as an employee. In such cases the employee shall be entitled only to all wages and holiday pay due to the employee up to the time of such dismissal.
4.3.1.2 Except in the case of summary dismissal for misconduct as provided for in subparagraph 4.3.1.1 above, and/or except in the case of dismissal of a probationary employee for unsatisfactory performance of work as provided for in paragraph 4.2.3 above, and/or (in the case of redundancy) except to the extent that more beneficial entitlements arise under any redundancy agreement or award applicable to the employee, the Company will give the following notice of termination to continuing employees:
|Period of Continuous Service |Period of Notice |
|Less than 1 year |1 week |
|1 year but less than 3 years |2 weeks |
|3 years but less than 5 years |3 weeks |
|5 years and over |4 weeks |
Provided that where an employee has had greater than two years continuous service with the Company and is over 45 years of age, an additional one week's notice will be provided.
4.3.1.3 Payment may be made in lieu of all or part of the notice prescribed in subparagraph 4.3.1.2 above.
4.3.2 Termination by Employee: Where a full-time or part-time employee terminates his/her employment at his/her own discretion, then the employee shall provide the Company with one week's written notice of termination or shall forfeit one week's pay in lieu of the said notice.
4.4 Termination of Employment: Casual Employees: Either party may terminate the employment of a casual employee by giving not less than one hour's notice, or by the payment or forfeiture (as the case may be), of one hour's pay in lieu of the said notice.
4.5 Abandonment of Employment
4.5.1 Where an employee is absent from work for a continuos period of three (3) working days without authority or without notifying the Company of a valid reason for such absences, the employee shall be placed on leave without pay pending the outcome of action pursuant to this clause.
4.5.2. Where circumstances pursuant to subclause 4.5.1 arise, the Company shall write to the employee advising that in the event that the employee fails to contact the Company within seventy-two (72) hours, the employee shall be deemed to have abandoned their employment with the Company. The letter setting out the advice referred to in this subclause shall be forwarded by registered mail to the employee’s last known residential or postal address.
4.5.3. Where the employee contacts the Company within the timeframe referred to in subclause 4.5.2, the Company shall provide the employee with the opportunity to advise of the reasons or circumstances on which he or she relies to justify their absence from work.
4.5.4. After giving consideration to the reasons and circumstances provided by the employee pursuant to subclause 4.5.3, the Company shall the employee in writing of his or her decision as to wether or not the employee is deemed to have abandoned their employment with the company. The letter of notification shall be forwarded to the employee’s last known residential or postal address.
4.5.5. Nothing in this subclause shall be construed as excluding the jurisdiction of any external court or tribunal which, but for this subclause, would be competent to deal with the matter.
4.6 Use of Available Skills: The Company may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training, and to use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.
5. Apprentices
5.1 Employment of Apprentices: Apprentices shall be employed in accordance with the provisions of the Industrial and Commercial Training Act 1989 and the provisions of this award. The period of apprenticeship for persons entering the trade of bread manufacturing shall be as set out in his/her Deed of Indenture, the nominal term being four years.
5.2 Fees and Expenses: The Company shall co-operate with the college in the training of an apprentice in the manner recommended by the technical college, shall pay the college fees for instruction of each apprentice for each year of the trade or correspondence course, and shall reimburse an apprentice for all fares reasonably incurred in attending the college.
5.3 Training at College: An apprentice whose place of work and of residence are so situated that it is reasonably practicable for him/her to attend a college which conducts the trade course, shall attend such college for study in the trade course for the period necessary for him/her to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course may continue with the course beyond the normal duration of the course if reports from the college show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the college under an arrangement approved by the Department of Technical and Further Education. Any apprentice who is given time off during ordinary working hours for the purpose of attending at a college for instruction and fails to do so shall not be paid for such time off.
5.4 Training by Correspondence: An apprentice who is not obliged to attend the trade course in accordance with subclause 5.3 of this clause shall study the trade course by correspondence, as conducted by the College of External Studies of the Department of Technical and Further Education. For the purpose of taking full advantage of the instruction by correspondence, the apprentice to whom this subclause shall apply, during ordinary working hours, shall study to carry out assignments of this course for two hours each week, and the Company shall pay such apprentice his/her wage and shift penalty rates during such time. During each stage of the correspondence course the apprentice shall attend a technical college for training for such period as is required from time to time by TAFE, provided that satisfactory progress has been made with correspondence lessons. Such attendances shall not be undertaken during the period of annual leave, and the Company shall pay all fees, fares and reasonable accommodation expenses in connection with the training for each period of four weeks not otherwise made by the Government of New South Wales.
5.5 Wage Rate on Completion of Training: An apprentice who passes all stages of the trade course in the period normally required for its completion and whose workshop performance is satisfactory shall, during the last six months of apprenticeship or the balance of apprenticeship, whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this award.
6. Classifications
6.1 Implementation of Current Classifications: To ensure that the current classification structure is applied consistently and fairly, the parties have developed a set of "Level Indicators" which are intended to provide additional guidance to employees and supervisors as to an employee's proper classification level. These "Level Indicators" are intended to clarify the rights and obligations arising from the current classification structure, but not to alter those rights and obligations (see Appendix 1).
7. Wages
7.1 Applicable Tables: For the purposes of this clause, all references to Table 1 and Table 2 shall be read as references to Table 1 and Table 2, respectively, of Part B, Monetary Rates, of this.
7.2 Basic Wage: This award, in so far as it fixes rates of wages for adult employees, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates. The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.
7.3 Minimum Rates: The minimum adult weekly (38-hour) rate of pay for each classification is as set out in Table 1. These rates of pay include the arbitrated safety net adjustment payable under the State Wage Case - 2001 decision.
7.4 Part-time Employees: shall be paid an hourly rate of pay calculated by dividing the weekly (38-hour) award rate for the appropriate classification as set out in Table 1 by 38 and (where applicable) by applying the loadings specified by clauses 12 and 13 of this award, with a minimum payment of 10% of the said weekly (38-hour) award rate for each day on which the employee is rostered to work ordinary hours, and with a minimum payment of 30% of the said weekly (38-hour) award rate for each week of employment.
7.5 Casual Employees: shall be paid an hourly rate of pay calculated by dividing the weekly (38-hour) award rate for the appropriate classification as set out in Table 1 by 38 and by applying the loadings specified by clause 14 of this award, with a minimum payment of 7% of the said weekly (38-hour) award rate for each engagement. Casual employees shall be engaged and paid by the hour.
7.6 Apprentices: shall be paid a percentage of the award rate for a Bread Industry Employee Level 3 as follows:
|Apprenticeship |Percentage of Level 3 Rate |
|1st Year |54% |
|2nd Year |62% |
|3rd Year |71% |
|4th Year |85% |
|Age |Percentage of Appropriate |
| |Classification Rate |
|Under 17 Years of age |71% |
|At 17 Years of age |85% |
|At 18 years of age |100% |
Provided that the weekly wage for junior employees under this subclause shall be calculated to the nearest 10 cents.
7.7 Unauthorised Absence From Work: Except in the case of employees who are absent from work on paid leave, an employee not attending for his/her rostered ordinary-time hours of work shall lose pay for the actual time of such non-attendance.
7.8 Pay Period: The Company shall fix a pay period, which shall be common to all of the Company's employees except for production supervisors. Once fixed, such pay period shall not be altered without 14 days notice. In the event that the Company alters the pay period, then employees shall receive an additional pay covering all work performed during the interval between the end of the previously established pay period and the commencement of the new pay period.
7.9 Payment on Termination of Employment: When employment is terminated all wages and any other payments due shall be paid at the completion of the last week of employment.
7.10 Pay Day: Employees shall be paid on Thursday of each week, in accordance with subclause 7.9 above. Any employee who is not paid on such day shall be paid overtime rates for all time subsequently worked until payment is made if the circumstances giving rise to such delay are caused by the company.
7.11 Errors in Payment of Wages: Should a pay be miscalculated or incorrectly shown on a pay slip, the right to claim waiting time shall be waived provided that the employee has been paid the ordinary base rate of pay and provided further that such underpayment or error is corrected within 24 hours of notification by the employee to the pay office of the employer concerned. Where such underpayment or error is not corrected within 24 hours then waiting time as provided by subclause 7.11 shall apply.
8. Allowances
8.1 Meal Allowance: An employee required to work overtime for 2 hours or more without being notified the day before that the employee will be so required to work, shall be paid a meal allowance as set out in Item 1 of Table 2.
8.2 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, and who is appointed by the Company to perform first-aid duty, shall be paid the amount per week set out in Item 2 of Table 2.
8.3 Leading Operator's Allowance: A leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of employees, the achievement of their work task, and on-the-job training, shall be paid, when responsible for a group of:
8.3.1 up to four employees: the amount per week set out in Item 3 of Table 2.
8.3.2 more than four employees: the amount per week set out in Item 4 of Table 2.
8.4 Heavy Vehicle Driving Allowance: Employees required to drive a vehicle shall be paid an Allowance in accordance with the Licence required as follows:
Light Rigid (LR) as set out in Item 5 of Table 2 Allowances of Part B.
Medium Rigid (MR) as set out in Item 6 of Table 2 Allowances of Part B.
Heavy Rigid (HR) as set out in Item 7 of Table 2 Allowances of Part B.
Heavy Combination as set out in Item 8 of Table 2 Allowances of Part B.
8.5 Boiler Allowance: Where an employee is appointed to be in charge of firing a boiler and is appropriately certificated by the Department of Industrial Relations, the employee shall be paid a weekly allowance as set out in Item 9 of Table 2.
8.6 Apprentice's Allowance:
8.6.1 An apprentice who gains a pass at the Stage 1 examination of the trade or correspondence course shall, commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 10 of Table 2.
8.6.2 An apprentice who successfully completes his/her full course in the bread manufacturing trade or correspondence course of technical training shall, in addition to the margin prescribed by paragraph 8.6.1 above, commencing from the first pay period in the calendar year following the examination and continuing for the remainder of his/her term of apprenticeship, be paid a weekly margin as set out in Item 11 of Table 2.
8.7 Merchandising Travelling Allowance:
8.7.1 Vehicle Allowance: Merchandisers shall be paid a daily "Fixed Charges" Vehicle Allowance for each day on which work is performed (whether as ordinary time or overtime), and also for each rostered working day on which the Merchandiser is absent on paid leave, of the amount provided under Item 12 of Table 2.
8.7.2 Travel Allowance: Merchandisers shall be paid for all distance travelled from arrival at the first work site to arrival at the last work site during each shift, the amount per kilometre provided under Item 13 of Table 2.
8.7.3 Home to Work Travel: Except as provided under subparagraphs 8.7.2.5 and 8.7.2.6, the per kilometre rates payable under this clause are not payable for distance travelled by Merchandisers from their home to the first work site serviced during a shift of work, nor for distance travelled from the last work site serviced during a shift of work to the Merchandiser's home.
8.7.4 Home to Work Travel: Change in Merchandiser's Work Sites: If a Merchidser's established work site/s are altered by the Company in order to meet the needs of the Company and/or of its clients, and if such alteration is put into effect without the agreement of the Merchandiser, then any additional distance travelled by the Merchandiser from home to work and/or from work to home as a result of that change shall be paid for by the Company at the rate provided for travel between work sites.
8.7.5 Home to Work Travel: Relieving Merchandisers: An employee who is appointed as a Relieving Merchandiser and who is required to carry out work on any day such that her/his total "home to first site" and "last site to home" travel exceeds 25 kilometres will be paid for all kilometres in excess of 25 at the amount per kilometre provided under Item 13 of Table 2.
9. Ordinary-Time Hours of Work
9.1 Full-time Employees:
9.1.1 Average ordinary-time hours per week: The quantum of ordinary time to be worked (or taken as paid flexible leave) by a full-time employee shall be specified in the employee's contract of employment, within the range of not less than 38 hours nor more than 40 hours per week averaged over each 8-week period, and the hours so specified shall not be varied without the agreement of both the employee and the Company. Such ordinary time shall be worked according to a roster for which the employee has been given at least 2 weeks notice in writing, and any time worked outside of an employee's rostered ordinary hours shall be paid for as overtime, unless such change to rostered ordinary hours of work is agreed to by the employee.
9.1.2 Spread of hours: Full-time employees may be rostered to work ordinary time during any hour of the day or night, and on any day of the week.
9.1.3 Hours per shift: Full-time employees shall be rostered to work ordinary-time shifts of not less than 6 hours nor more than 10 hours per shift. Such shifts shall be unbroken except for an unpaid meal break taken in accordance with the provisions of this award.
9.1.4 Shifts per day: Employees shall be rostered to work so that there shall be a break of not less than 12 hours between the end of each rostered ordinary-time shift and the start of the next rostered ordinary-time shift.
With the exception of 1 shift per week at the Newcastle and Chatswood bakeries there shall be one break per week of no less than 10 hours.
9.1.5 Shifts per Roster Cycle: Rosters shall include no more than an average of 5 ordinary-time shifts per week over a roster cycle of no more than 8 weeks. Within that limit, rosters shall include groups of up to 5 sequential ordinary-time shifts with each such group of sequential ordinary-time shifts to be followed by a long break of no less than 48 hours; provided further that by agreement between the Company and all of the employees affected, a roster may be introduced in a particular workplace (or section of a workplace) in which there are (across the whole roster cycle) an average of at least 48 hours per week included within long breaks that are themselves each of at least 48 hours in duration.
9.1.6 Shift Rotation: Shifts may be rotated. Different methods of rotation may apply in respect of particular groups or sections of employees in a bakery. Where shifts rotate, the rotation may be weekly, fortnightly, four-weekly or at such other interval as may be agreed from time to time between the Company and a majority of employees affected.
9.1.7 12-Hour Shifts: Leave is reserved to the parties to apply as they may be advised in relation to the introduction of 12-hour shifts.
9.2 Part-time Employees:
9.2.1 Ordinary-time hours per week: Employees working less than 38 hours per week on a regular basis shall be engaged as part-time employees and each such employee's contract of employment shall specify the number of hours per week to be worked as ordinary time (or taken as paid flexible leave) by that employee. Such ordinary time shall be worked according to a roster for which the employee has been given at least 2 weeks notice in writing, and any time worked outside of an employee's rostered ordinary hours shall be paid for as overtime, unless such change to rostered ordinary hours of work is agreed to by the employee.
9.2.2 Spread of hours: Each part-time employee's contract of employment shall specify the spread of hours in which the employee may be rostered to work ordinary hours of work, provided that there shall not be more than 14 hours between the time specified as the minimum start time and the time specified as the maximum finishing time.
9.2.3 Hours per shift: Part-time employees shall be rostered to work ordinary-time shifts of no more than 10 hours per shift, provided that where any unbroken shift exceeds 5 hours in duration, then an unpaid meal break shall be taken in accordance with the provisions of this award.
9.2.4 Spread of days: Part-time employees shall be rostered to work not more than one ordinary- time shift (whether as a broken shift or otherwise) on not more than 5 sequential days per week. Furthermore, for each part-time employee who is engaged to work less than 28 ordinary-time hours per week the employee's contract of employment shall specify a number of named days of the week on which the employee will not be rostered to work, depending on the number of ordinary-time hours per week for which the employee is engaged, as follows:
9.2.4.1 Less than 28 hours but not less than 20 hours: not to be rostered on 1 named day.
9.2.4.2 Less than 20 hours but more than 12 hours: not to be rostered on 2 sequential named days.
9.2.4.3 Up to and including 12 hours: not to be rostered on 3 sequential named days.
9.2.5 Part-time hours of work in writing: Each part-time employee's contract of employment shall be in writing, signed by the employee and the Company, and shall specify the total ordinary hours per week to be worked by the employee, the spread of hours in which the employee may be rostered to work ordinary hours of work, the days (if any) on which the employee will not be rostered to work ordinary hours, and (in the case of merchandisers) whether or not the employee will be required to work broken shifts. This contract of employment may be varied by agreement between the employee and the Company, subject to the Company informing the employee that he/she is entitled to seek advice from the Union prior to agreeing to any change. Provided that the arrangement of working hours of current part-time employees shall be committed to writing by the Company and, subject to the agreement of the employee, the matters so committed to writing shall thereafter constitute the employee's initial contract of employment under this award.
9.2.6 Country Region: Merchandiser Reduced Minimum Start Notwithstanding any other provisions of this Award, by agreement between the employer and employee, and the secretary of the Union, merchandisers may work a minimum start of not less than 2 hours. Arrangements made pursuant to this clause relate exclusively to Merchandisers engaged in remote Country regions. Such arrangements shall be subjected to a written and signed agreement in the terms set out in Appendix A of this Award.
9.3 Casual employees may be engaged to work not more than one ordinary-time shift per day of no more than 10 hours per shift, provided that where any unbroken shift exceeds 5 hours in duration, then an unpaid meal break shall be taken in accordance with the provisions of this award.
10. Broken Shifts - Merchandisers Only
10.1 Definition: For the purposes of this award, a broken shift is a single shift in which the employee's ordinary daily hours of work are worked in two parts that are separated by a break period of more than one hour, during which the employee is not required to perform duties and in which the second part of the shift is completed no more than 12 hours after the start of the first part of the shift.
10.2 Application of Clause: A merchandiser who is engaged on either a part-time or casual basis may be required under the terms of his/her contract of employment to work broken shifts.
10.3 Minimum Payment for a Broken Shift: A merchandiser who is required to work broken shifts shall be paid for the total ordinary-time work performed during each such shift an amount which is not less than 14% of the weekly (38-hour) award rate, such payment to be in addition to the break period payment prescribed under subclause 10.4 below.
10.4 Payment for Break Period: The break period included in a broken shift shall be paid for as time worked to the extent of 0.6 of one hour plus 15% of the duration of the break, such payment to be in addition to the minimum broken shift payment prescribed under subclause 10.3 above, provided that the employee shall not be paid for any kilometres travelled during the break period.
11. Meal Breaks
11.1 Period of Meal Break: An employee working a shift of more than 5 hours in duration must be given and must take an unpaid meal break of not less than 30 minutes and not more than one hour, to commence not less than 3 hours and not more than 5 hours after the start of the shift.
11.2 If Meal Break Not Given: Where a meal break is not given by the Company within 5 hours of the start of a shift, then the employee concerned shall be paid at the rate of 1.7 times the ordinary-time rate for the period from 5 hours after the start of the shift until the meal break is given, with a minimum of one half hour's pay at such rate, provided that an employee may agree to forego payment of the penalty loading prescribed by this subclause where the continuation of work is required because of emergency circumstances such as the breakdown of plant or equipment or the non-scheduled delivery of materials.
11.3 Continuity of Work: The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the continuity of work and at times mutually agreed between the employee and the Company.
11.4 Crib Breaks for Delivery Drivers: Where an employee is engaged as a Delivery Driver, hours of work shall be rostered to provide for a paid crib break of not less than twenty minutes, which shall be counted as time worked.
12. Shift and Weekend Loadings
12.1 Night Shift: An employee whose ordinary hours of work are between midnight Sunday and midnight the following Friday and who are rostered within the hours of 6.00 p.m. one day and 5.00 a.m. the following day, shall be paid a shift loading of 20 per cent of the ordinary hourly rate of the employee's classification for each hour so worked.
(a) As at 21 September 2002 the 20% shift loading shall apply for the period of ordinary hours between 6pm and 6am Monday to Friday.
12.2 Saturday Shift: An employee working ordinary hours of work, worked between midnight Friday and midnight Saturday shall be paid a shift loading of 30 per cent of the ordinary hourly rate of the employee's classification for each hour so worked.
(a) As at 21 September 2002 all ordinary hours of work, worked between midnight Friday and midnight Saturday shall be paid a shift loading of 40% per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.
(b) As at 21 August 2003 all ordinary hours of work, worked between midnight Friday and midnight Saturday shall be paid a shift loading of 50% per cent of the ordinary hourly rate of the employees classification for each hour so worked.
12.3 Sunday Shift: An employee working ordinary hours of work, worked between midnight Saturday and midnight Sunday shall be paid a shift loading of 70 per cent of the ordinary hourly rate of the employee's classification for each hour so worked.
(a) As at 21 September 2002 all ordinary hours of work, worked between midnight Saturday and midnight Sunday shall be paid a shift loading of 85% per cent of the ordinary hourly rate of the employees classification for each hour so worked.
(b) As at 21 August 2003 all ordinary hours of work, worked between midnight Saturday and Midnight Sunday shall be paid a shift loading of 100% per cent of the ordinary hourly rate of the employee’s classification for each hour so worked.
13. Overtime
13.1 Loading - Except as provided by subclause 13.2 below, a continuing employee who works overtime shall be paid at the ordinary hourly rate for the employee's classification plus a loading of 40% for the first two hours worked and a loading of 90% for all hours worked thereafter, provided that all overtime worked between midnight Saturday and midnight Sunday shall attract a loading of 90%.
(a) As at 21 September 2002, An employee who works overtime shall be paid at the ordinary hourly rate for the employee’s classification plus a loading of 50% for the first two hours worked and a loading of 90% for all hours worked thereafter, provided that all overtime worked between midnight Saturday and midnight Sunday shall attract a loading of 90%.
(b) As at 21 August 2003, An employee who works overtime shall be paid at the ordinary overtime hourly rate for the employee’s classification plus a loading of 50% for the first two hours worked and a loading of 100% for all hours worked thereafter, provided that all overtime worked between midnight Saturday and midnight Sunday shall attract a loading of 100%.
13.2 Overtime on Public Holidays: A continuing employee who works overtime between midnight at the start and midnight at the end of New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight-hour Day, Christmas Day and Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State, shall be paid at the ordinary hourly rate for the employee's classification plus a loading of 110% for all hours so worked.
13.3 Call Back: Where an employee works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, then the employee shall be paid for a minimum of four hours overtime at the appropriate rate.
13.4 Rest Period After Overtime: An employee who works so much overtime between the termination of his/her work on one day and the commencement of his/her ordinary work on the next that he/she has not had at least 10 consecutive hours off duty between those times, shall either:
13.4.1 be directed by the Company to remain off duty following the completion of such overtime until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence; or
13.4.2 be paid at the ordinary hourly rate plus a loading of 90% for all ordinary time worked until he/she is released from duty by the Company for a period of 10 consecutive hours off duty, with no loss of pay for any ordinary working time occurring during any such absence.
14. Casual Loadings
14.1 Ordinary Time: A casual employee engaged to carry out ordinary-time work covered by the provisions of this award shall be paid at the ordinary hourly rate for the employee's classification plus the loadings specified below, which shall be in substitution for all other loadings and leave entitlements under this award and which shall also include the payment in lieu of annual leave specified for casual employees under the provisions of the Annual Holidays Act 1944:
14.1.1 Casual Day Shift: For ordinary time within the hours of 4.00 a.m. and 6.00 p.m. on Monday to Friday, the loading is (1.15 x (1/12+1.0)-1) x 100 = 25%.
14.1.2 Casual Night Shift: For ordinary time between midnight on Sunday and midnight on the following Friday, and within the hours of 6.00 p.m. one day and 4.00 a.m. the next day, the loading is (1.15 x (1/12+1.2)-1) x 100 = 48%.
14.1.3 Casual Saturday Shift: For ordinary time between midnight Friday and midnight Saturday, the loading is (1.15 x (1/12+1.3)-1) x 100 = 60%.
14.1.4 Casual Sunday Shift: For ordinary time between midnight Saturday and midnight Sunday, the loading is (1.15 x (1/12+1.7)-1) x 100 = 105%.
14.1.5 Casual Public Holiday Shift: for ordinary time between midnight at the start and midnight at the end of New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight-hour Day, Christmas Day, Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State, the loading is (1.15 x (1/12 + 2.1) - 1) x 100 = 151%.
14.2 Overtime: A casual employee engaged to carry out ordinary-time work covered by the provisions of this award and who, in the course of carrying out that work, undertakes further work such as would be payable at overtime rates if it were performed by an employee employed on a continuing basis, shall be paid at the ordinary hourly rate for the employee's classification, plus the loadings specified below, which shall be in substitution for all other loadings and leave entitlements under this award.
14.2.1 Casual Overtime: First two hours - For the first two hours of overtime worked between midnight on Sunday and midnight on the following Saturday the loading is (1.15 x 1.3 - 1) x 100 = 49.5%.
14.2.2 Casual Overtime: Other hours - For all other overtime except overtime on a public holiday the loading is (1.15 x 1.7-1) x 100 = 95.5%.
14.2.3 Casual Public Holiday Overtime: For overtime between midnight at the start and midnight at the end of New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight-hour Day, Christmas Day and Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State, the loading is (1.15 x 2.1-1) x 100 = 141.5%.
15. Redundancy
15.1 Where the Company has made a definite decision that it no longer wishes the job an employee has been doing done by anyone and this is not done through the ordinary and customary turnover of labour, and that decision leads to the termination of employment of the employee i.e. excess to requirements, the employee shall be entitled to the following redundancy payments;
Four (4) weeks notice or the payment of the balance between the actual notice given and four (4) weeks.
Four (4) weeks payment for each year of service and uncompleted years will be payed on a pro-rated basis.
The maximum redundancy payment to any employee shall be 60 weeks.
This clause shall not apply to Casual employees, Apprentices or employees engaged for a specific period of time or for a specific task/s. Furthermore, this clause shall not apply where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice.
15.2 Outplacement - Where the employment is terminated on the grounds of redundancy, the Company shall provide the outplacement services to the employee at the company’s expense. The company will discuss the selection and engagement of the provider(s) of outplacement services with the Union prior to their utilisation.
16. Annual Leave
16.1 Quantum of Annual Leave: Employees other than casual employees shall accrue an entitlement to paid annual leave at the rate of (4 x 60)/52.18 = 4.6 minutes for each hour of rostered ordinary-time work (or paid leave).
16.2 Payment while on Annual Leave: Employees other than casual employees shall be paid, while absent from work on paid annual leave, whichever is the greater of:
16.2.1 the ordinary-time pay (including all shift and/or weekend penalties) which they would have otherwise earned during the period of the leave; or
16.2.2 an hourly rate for each hour of leave calculated by dividing the weekly (38 hour) award rate for the appropriate classification as set out in Table 1 of Part B of this award by 38 and adding 17.5 per cent.
16.3 Amount Used - For each absence on annual leave the employee's accrued annual leave entitlement shall be reduced by the number of ordinary-time hours, which the employee would normally have worked during the period of that absence.
16.4 Other Provisions: All other provisions governing annual leave shall be in accordance with the provisions of the Annual Holidays Act 1944, provided that the amount prescribed by that Act as payable to casual employees in lieu of annual leave shall be encompassed within the loadings for casual employees provided under clause 14 of this award.
17. Long Service Leave
17.1 Quantum of Long Service Leave: Employees other than casual employees shall accrue an entitlement to paid long service leave at the rate of (60 x 52.18/6)/(52.18 x 10) = 1 minute for each hour of rostered ordinary-time work (or paid leave).
17.2 Access: Accrued long service leave shall become available to the employee after ten years service with the Company or otherwise in accordance with the provisions of the Long Service Leave Act 1955 governing access to long service leave.
17.3 Payment while on Long Service Leave: Employees other than casual employees shall be paid, while absent from work on paid long service leave, the ordinary-time pay (including all shift and/or weekend penalties) which they would have otherwise earned during the period of the leave.
17.4 Amount Used: For each absence on long service leave the employee's accrued long service leave entitlement shall be reduced by the number of ordinary-time hours which the employee would normally have worked during the period of that absence.
17.5 Other Provisions: All other provisions governing long service leave shall be in accordance with the provisions of the Long Service Leave Act 1955, including the provisions of that Act governing long service leave for casual employees.
18. Flexible Leave
18.1 Purpose: The Flexible Leave System has been introduced to provide continuing employees with an opportunity to organise their individual working arrangements so as to give them the best possible balance between their earning capacity and their need for time away from work for personal needs and/or for family responsibilities.
18.2 Flexible Leave Bank: A Flexible Leave Bank will be established for each employee and any money amount due to an employee in relation to these pre-existing entitlements shall be paid into that employee's Flexible Leave Bank.
18.3 Ongoing Accumulation - Company's Contribution: The Company shall pay into each employee's Flexible Leave Bank each pay day an amount equal to 9.6% of the employee's total earnings for ordinary time worked during that pay period, including all shift and/or weekend penalties and/or all ordinary-time allowances paid on a per shift or per week basis.
18.3.1 Public Holiday Payments: Continuing employees shall not be entitled to any additional penalty loadings for either ordinary time or overtime work on a public holiday beyond those penalty loadings (if any) which apply generally on that day of the week, nor shall they be entitled to any payment from the Company for a public holiday on which they are not required to work.
18.3.2 Shift Workers Leave: Continuing employees may be required to work shift work but shall only be entitled to the four weeks annual leave which is prescribed by the Annual Holidays Act 1944.
18.3.3 Bereavement Leave/Family Leave, etc: Continuing employees who require time off work in order to undertake family responsibilities shall be granted such time off in accordance with the notice requirements as provided under paragraph 18.8.2, but the payment for that leave shall be drawn from the employee's Flexible Leave Bank.
18.4 Ongoing Accumulation - Employee's Contribution: A deduction of 5% shall be made from each employee's total earnings for ordinary-time worked during each pay period, including all shift and/or weekend penalties and/or all ordinary-time allowances paid on a per shift or per week basis, and this amount shall be paid into the employee's flexible leave Bank, in addition to the Company's contribution provided for under subclause 18.3 above. The flexible leave accumulated under this subclause shall be in full substitution for all rights in relation to paid rostered days off previously provided for under the Bread Industry (State) Award.
18.5 No Accumulation During Paid Leave: The Company shall not be required to make any contribution to any employee's Flexible Leave Bank in relation to any payments made to an employee who is absent on any form of paid leave (including flexible leave), nor shall any employee’s contribution to his/her Flexible Leave Bank be made from any such payments for paid leave.
18.6 Payment While Absent on Flexible Leave: An employee who is absent from work on accrued flexible leave, in accordance with the notice requirements provided under subclause 18.8 below, shall be paid the full amount which would have been payable for the ordinary time that he/she would normally have worked during the period of that absence, including all shift and/or weekend penalties and/or all ordinary-time allowances paid on a per shift or per week basis. The amount so paid shall be deducted from the employee's Flexible Leave Bank.
18.7 Public Holidays - Flexible Leave On Company's Direction: An employee who is not required to perform his/her normal duties on a public holiday may be given no less than one week's notice by the Company that he/she is required to take accrued Flexible Leave equal to the ordinary time he/she would have otherwise worked on that day, and if such notice is given then the payment made to the employee for such absence shall be deducted from the employee's Flexible Leave Bank. Provided that where an employee has insufficient credit in his/her Flexible Leave Bank to cover such absences, then he/she may be directed to take leave without pay for that period.
18.8 Notice Requirements for Taking Flexible Leave: An employee and his/her supervisor may mutually agree to the taking of accrued flexible leave at any time, for any purpose, and over any desired period. Where such agreement cannot be reached then the employee shall be granted such leave subject to the following notice requirements:
18.8.1 Absence due to personal illness or incapacity: Prior to the start of any such absence the employee will inform the Company of his/her inability to attend for duty, and, as far as practicable, shall state the nature of the injury or illness and the estimated duration of the absence. In such cases of leave without prior written notice the employee may be required to prove to the satisfaction of the Company that the leave was genuinely necessary due to his/her personal illness or incapacity, but provided that a medical certificate shall not be required in relation to the first two such single-day absences in any one year. Provided further that the notice requirements in this clause and or subclause shall not be enforced where the employee is unable to give such notice as a result of the employees illness or incapacity or other factors beyond the employees control.
18.8.2 Absence due to family responsibility: An employee shall be entitled to take accrued flexible leave to undertake responsibilities associated with the care and support of a person who lives in the same domestic dwelling as does the employee and who is the spouse, de facto spouse, same sex partner, child or relative of the employee. In such cases the employee shall, as soon as possible but in any case no later than 2 hours after the start of any such absence, give the Company notice of the intention to take flexible leave, the name of the person requiring care and the nature of that person's relationship to the employee, and the reasons for taking such leave and the estimated duration of the absence. If it is not practicable for the employee to give prior notice of absence, then the employee shall notify the Company by telephone of such absence at the first opportunity on the day of the absence. The employee shall, if required by the Company, establish the illness of the person needing the employee's care by production of a medical certificate or statutory declaration.
18.8.3 Single-day absences for other purposes: Subject to paragraph 18.8.5 below, an employee shall be allowed to take accrued flexible leave for a single-day absence where he/she gives the Company one week's notice of his/her intention to do so.
18.8.4 Multiple-day absences for other purposes: Subject to paragraph 18.8.5 below, an employee shall be allowed to take accrued flexible leave of more than one day where he/she gives the Company two weeks' notice of his/her intention to do so.
18.8.5 Minimum staffing levels: The Company may refuse to allow an employee to take accrued flexible leave under paragraphs 18.8.3 and 18.8.4 above, where allowing such leave would result in the number of employees being absent on paid leave from a particular section of the bakery to be more than the number of employees as provided for under paragraph 18.8.6 below, provided that any employee who is refused leave under this subclause shall be given preference for access to leave once the staffing level in his/her section recovers. Provided further that employees who are absent on workers compensation leave or leave without pay shall not be counted as being absent on leave for the purpose of applying the relevant minimum staffing levels.
18.8.6 The number of employees referred to in paragraph 18.8.5 above shall be whichever is the greater of either one employee or a percentage of employees as agreed between the Company and the employees in the particular workplace or section, provided that if agreement cannot be reached as to the percentage applicable under this subclause then the percentage shall be 15% of the employees employed in that workplace or section.
18.9 Cashing Out of Flexible Leave: An employee may draw amounts credited to his/her Flexible Leave Bank as money rather than as paid leave, or as a combination of paid leave plus additional money, subject to the following provisions:
18.9.1 Maximum cash-out: At least 25% of the total money amount paid into an employee's Flexible Leave Bank must be taken by the employee as paid leave.
18.9.2 Notice required: The Company may require up to two weeks' notice of an employee's wish to withdraw money amounts from his/her Flexible Leave Bank.
18.9.3 Minimum amount: The minimum amount which an employee may withdraw from his/her Flexible Leave Bank on any one occasion shall be 50% of the total ordinary-time wages (including all shift and/or weekend penalties and/or all ordinary-time allowances paid on a per shift or per week basis) which are normally earned by the employee for one week's work.
18.10 Recording of Flexible Leave: Flexible Leave System will be administered by the Pay Department and the amount recorded in each employee's Flexible Leave Bank shall be updated once each pay period. The money amount available to each employee as accrued Flexible Leave shall be shown on the employee's pay slip each pay day.
18.11 Maximum Annual Carry Over of Flexible Leave: Subject to the restriction imposed by paragraph 18.9.1 of subclause 18.9 of this clause, on the first pay day in June each year each employee will be paid out any accrued flexible leave credit which exceeds the amount of ordinary-time wages (including all shift and/or weekend penalties and/or all ordinary-time allowances paid on a per shift or per week basis) which are normally earned by the employee for two weeks' work.
18.12 Payment on Termination: If an employee ceases to be employed by the Company for any reason whatsoever, then any accrued flexible leave credit owing to that employee shall be paid to the employee. This payment shall not be counted for the purposes of any other payment due to the employee on termination.
19. Sick Leave
19.1 Quantum of Sick Leave: Employees other than casual employees shall accrue an entitlement to paid sick leave at the rate of (60 x 1)/52.18 = 1.15 minutes for each hour of rostered ordinary-time work (or paid leave).
19.2 Access to Accrued Paid Sick Leave: Employees (other than casual employees) who are absent from work on account of personal illness or incapacity shall be entitled to paid sick leave up to the quantum accrued by the employee, provided that paid sick leave shall not be available to an employee:
19.2.1 during the employee's first three months of service;
19.2.2 an employee shall prove to the satisfaction of the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; provided that for the first two single days for which sick leave is claimed in a year of employment, a medical certificate shall not be required.
19.2.3 an employee shall be entitled to a total of two single sick days per year without a medical certificate, the two days may be taken in accordance with clause 19.2.2 or clause 18.8.1.
19.2.4 if the employee fails to notify the Company of his/her inability to attend for duty and/or fails to (as far as practicable) state the nature of the injury or illness and the estimated duration of the absence. Such notification is to be given prior to the start of any such absence, provided that the notice requirements in this subclause shall not be enforced where the employee is unable to give such notice as a direct result of the employees illness or incapacity or other factors beyond the employees control.
19.3 Payment While on Sick Leave: Employees other than casual employees shall be paid, while absent from work on paid sick leave, the ordinary-time pay (including all shift and/or weekend penalties) which they otherwise would have earned during the period of the leave.
19.4 Amount Used: For each absence on sick leave the employee's accrued sick leave entitlement shall be reduced by the number of ordinary-time hours which the employee would normally have worked during the period of that absence.
19.5 Accumulation From Year to Year: Any sick leave entitlement which has not been taken in any year of employment shall accumulate from year to year and may be claimed by the employee and shall be allowed by the Company (subject to the conditions prescribed by this clause) in any subsequent year of continuous employment. For the purpose of this subclause, service includes any period of absence on paid leave and continuous service shall be deemed not to have been broken by any period of unpaid leave granted by the Company or by any unpaid absence from work by reason of personal illness, injury, or other reasonable cause (proof of which in each case shall be upon the employee), provided that any such unpaid leave shall not be taken into account in computing the total period of service for accrual purposes.
19.6 Access Prior to Approval of Workers Compensation: Employees who have made an application for payment pursuant to the Workers Compensation Act 1987, shall be entitled to access accrued sick leave, up to quantum accrued by the employee, provided that such payment shall be adjusted with the employer in the event the employee is entitled to workers compensation payments, so as to ensure that neither the employer or the employee does not receive both sick leave and workers compensation for the same period of time.
19.7 Extended Sick leave entitlements: The parties have agreed that existing sick leave provisions will be enhanced with a provision for extended Sick leave in genuine circumstances of serious illness or incapacity.
19.7.1 Maximum entitlements to Extended Sick Leave: The maximum entitlements for extended sick leave will be 6 months every two years.
19.7.2 Payment while on Extended Sick Leave: Employees other than casual employees shall be paid, while absent from work on paid extended sick leave, on the average of the weekly pay. The average will be calculated on the previous six months wages they have earned.
19.7.3 Notification: The employee mush advise the company on that day that they will be absent from work, unless the employee’s circumstances are such that they cannot advise the company by that time, in which case they must notify the company as soon as possible.
19.7.4 Medical Certificate: All applications for payment of extended sick leave beyond the sick leave entitlement detailed in clause 19.1, must be accompanied by a medical practitioner’s certificate verifying the ill health or incapacity, including prognosis and number of days absent from work.
19.7.5 Second Opinion: The company reserves the right to a second medial practitioner’s opinion verifying the ill health or incapacity, including prognosis. The company will pay for the second opinion. Where the two medical practitioners cannot agree on the prognosis a third independent medical practitioner shall be agreed and their determination will be binding on the parties.
19.8 Limitation on extended Sick Leave entitlements
19.8.1 Casuals will not be entitled to extended sick leave
19.8.2 Employees will not be eligible for extended sick leave due to a work place injury or while waiting for Workers Compensation claim to be accepted.
19.8.3 Employees will not be eligible for extended sick leave while they still have sick leave accrued.
19.8.4 Employees will not be eligible for payment of extended sick leave for the first 18 months of permanent employment.
19.8.5 Extended sick leave is only available for periods greater than two weeks
19.8.6 Extended sick leave will not be granted to an employee for family carers leave.
19.8.7 Sick leave and extended sick leave will not be paid out upon separation from the company.
19.8.8 Where it is clear that an employee will be absent from work on extended sick leave for more than four weeks, the company will assess the need for and, where appropriate, initiate a Return to Work program to assist the employee’s safe return to work.
20. Family Leave
20.1 Entitlement: In addition to the leave provided under paragraph 18.8.2 of subclause 18.8 of clause 18, Flexible Leave, but subject in all cases to the agreement of the Company, an employee (other than a casual employee) who is responsible for the care and support of a person who lives in the same domestic dwelling as does the employee and who is the spouse, de facto spouse, same sex partner, child or relative of the employee, may, for the purpose of undertaking those responsibilities, elect to:
20.1.1 take unpaid leave;
20.1.2 take accrued annual leave not exceeding five days in any calendar year;
20.1.3 take time off in lieu of payment for overtime worked, at a time or times agreed with the Company. In such cases the amount of time allowed off shall be equal to the amount of time worked as overtime. Where time off in lieu under this provision has not been sought by the employee and allowed by the Company within 4 weeks of the overtime having been worked by the employee then the employee shall be paid for the overtime worked at the overtime rates provided under this award;
20.1.4 take time off work and then work the same amount of additional time on a later date, at the ordinary-time rate of pay for the hours so worked, even where the additional hours so worked would otherwise attract payment at overtime rates under other provisions of this award.
20.2 Not Limiting - It is to be understood that paragraphs 20.1.1, 20.1.2, 20.1.3 and 20.1.4 are intended to be facilitative only, and are not to be read as limiting any rights and/or obligations of employees and/or of the Company in relation to absences from work for purposes other than for family leave.
21. Jury Service
21.1 Entitlement: An employee, other than a casual employee, shall be allowed leave of absence during any period when required to attend for jury service.
21.2 Payment During Jury Service: During any leave of absence for jury service an employee shall be paid the difference between the jury service fees received and the employee's normal rate of pay.
21.3 Proof: An employee shall be required to produce to the Company proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the Company notice of such requirement as soon as practicable after receiving notification to attend for jury service.
22. Shortage of Money Or Bread
22.1 Loading Slips: An employee shall be supplied with a copy of the loading slip for each load taken during the day.
22.2 Notification: where a shortage of money or bread appears on the face of the employee's book or statement of delivery and such shortage appears to the Company to be the result of the employee's negligence or failure to properly carry out his/her duties then the employee shall be notified of such shortage by the Company, and given an opportunity of checking same, within 48 hours after the day on which the entry in the book or statement has been made. Saturdays, Sundays, and holidays are not to be reckoned in the said 48 hours. Provided further that an employee shall not be held to be responsible for moneys stolen by other person/s unless the employee has failed to properly utilise such method of ensuring the safekeeping of money held in the Company's vehicle as may be provided by the Company.
22.3 Deductions: Where the employee is notified of the shortage within the period prescribed by sub clause 2 of this clause, the Company may, each week, until the whole shortage is satisfied, deduct an amount on account thereof from the wages due to the employee: provided that the employee is paid a gross sum not less than two-thirds of the pay prescribed for the employee's classification by this award; provided further that in the case of dishonesty or in the case of termination of services, me full amount of the wages due may be retained by the Company. Deductions in respect of shortages notified in accordance with the provisions of this clause shall commence within 3 months of such notification and then continue each week until the shortage is repaid, otherwise the right to deduct shall be forfeited.
22.4 Carry Over of Overs and Shortages: Employees shall be notified each week of the overs and shortages. Any overs are to be credited to the employee and shall be available to meet subsequent shortages; provided that any credit at the end of any accounting quarter may be forfeited, except that shortages and overs in the last two weeks of any quarter may be offset against overs or shortages in the first two weeks of the next quarter.
22.5 More Than One Employee on a Run: For the purpose of this clause, where more than one employee is regularly employed delivering on any bread run from one vehicle or conveyance, each shall be supplied by the Company with a book in which the employee shall enter daily, the amount of bread that the employee delivers to each customer served by the employee and any cash received. This subclause shall not apply to an employee learning the run.
22.6 Responsibility for Other Deliveries: Unless an employee is furnished with a list of bread and bread rolls delivered to customers and cash received on the employee's run by some other person the employee shall not be responsible for the booking thereof.
23. Occupational Superannuation
Contributions made by the employer in accordance with this clause, shall be made as follows:
23.1 The employer shall offer each employee a choice between the Australian Retirement Fund (ARF) and the George Weston Foods Retirement Fund.
23.2 The employee shall nominate the fund into which contributions shall be made.
23.3 Contributions shall comply with legislative and trust deed requirements.
24. Occupational Health and Safety
24.1 The safety and health of employees is of great concern to the Company. The Company aims to conduct all its operations with full regard to the health and safety of employees, customers and the community and with the utmost consideration for the environment. The parties to this award recognise the responsibility of all employees of working in a safe manner at all times in compliance with statutory and local requirements. The responsibilities of the Company and all employees are set out in both the George Weston Foods Limited Safety Policy and the Tip Top Bakeries Safety Strategy.
The major objectives of the George Weston Foods Limited Safety Policy and the Tip Top Bakeries Safety Strategy are to ensure that:
1. A safe working environment and safe systems of work are provided and maintained;
2. Machinery, equipment and substances are provided and maintained in a safe condition;
3. Employees are provided with the information, instruction, training and supervision that they need to ensure their health and safety;
4. Health and safety performance is improved and the incidence of injury and illness in the workplace is reduced by implementing a program of continuos improvement and reviewing health and safety policies, procedures and work practices on a regular basis; and
5. Consultation and cooperation between management, employees and their representatives on health and safety issues is encouraged and improved by the effective performance of fully representative Health and Safety Committees.
To enable the desired changes to become effective on all the company’s workplaces, parties agree to the commitment of separating occupational health and safety issues from industrial relations issues and agendas.
No worker shall be required to work in an unsafe situation.
24.2 Protective Equipment: The Company shall provide a waterproof cape or coat to employees when they are required to work outdoors during wet weather and shall provide all necessary protective clothing so as to ensure the health, safety and welfare of its employees in accordance with the requirements of the Occupational Health and Safety Act 1983. The company will provide suitable protective gloves, masks, ear muffs or ear plugs, footwear and work outer clothing where the process so requires. An employee who is supplied with any of the protecting equipment specified herein shall wear or use, as the case may be, such protective equipment in such a way as to achieve the purpose for which it is supplied. Such requirements may be varied to accommodate a certificate from the company’s occupational physician.
24.3 Uniforms
1. At the commencement of each years’ employment, the Company shall supply uniforms to each employee that are appropriate to the duties performed. Such uniforms shall conform with the relevant standards of health and safety.
2. No less than three (3) upper and three (3) lower garments or equivalent shall be supplied each year.
3. The Company shall replace damaged uniforms when evidence of loss or damage is produced.
4. The Company shall continue to observe existing custom and practice where it is more favourable to employees than the arrangements set out in 2 above.
24.4 Bakehouse Clothing: The Company shall provide and maintain in good order and condition, for the use of every person engaged in the bakehouse in a manufacturing process, a sufficient supply of clothing consisting of a suitable head covering and either an overall or a bib apron or short trousers, provided that short trousers shall not be provided for the use of any person unless he/she agrees to wear short trousers. All such overalls, bib aprons and short trousers shall be of light coloured washable material and all such head covering shall be of light coloured washable or disposable material. Each such person shall be provided with clean clothing at least twice weekly.
24.5 Baskets: Basket and basket covers, where they are required by the Company to be used, shall be supplied by the Company. Such baskets shall be washed and basket covers laundered by the Company.
24.6 Money Bag: The Company shall provide an employee handling cash with a money bag, if it is required by the employee.
24.7 Care of Equipment: Employees are responsible for the care and safekeeping of all issued equipment and clothing and shall return each article to the Company on request or on termination of their employment; in default, the Company may deduct from wages due an amount equal to its replacement value less reasonable depreciation, having regard to the condition of the item.
25. Labour Hire Employees
The following shall govern conditions under which the company will engage a labour hire firm:
25.1 The company’s preference is to carry out as much of the site’s operations as possible with company employees
25.2 Notwithstanding the above, there may be occasions, which require the use of a labour hire firm. Generally, the need for a labour hire firm would occur either because
(i) A permanent vacancy has arisen, or
(ii) A non-permanent vacancy has arisen of a short term.
(iii) An emergency situation of a short term nature has arisen where customer or operational requirements have changed
25.3 Where a permanent vacancy arises, the company may utilise a labour hire firm to recruit new employees. These employees shall remain employees of the labour hire firm for no longer than one month. At the completion of that month those same employees shall be employed by the Company as casual employees for a period to be not longer than three months for such time that they commenced employment at the Company. At the completion of the three month period the said employee shall be made a permanent employee.
25.4 Where a non-permanent, short-term vacancy arises then the Company may engage the use of a labour hire firm only where it is agreed that;
(i) existing employees of the Company, either full-time or casual, are unable to perform the work to be done and;
(ii) that all other avenues available have been exhausted by the company to cover the additional work; and
(iii) that the company employees who have voluntarily elected to go on the overtime list, have been asked to cover the vacancy
(iv) the company will inform the LHMU delegate/s of the causes giving rise to the engagement of a labour hire firm.
(v) The employment of a labour hire firm will not continue for more than one month or they will become a company casual employee.
25.5 Where a long-term, non-permanent vacancy arises the Company will;
(i) Offer the position to an existing Company casual or;
(ii) Where no existing casual seeks the position the company may offer the position firstly to an existing labour hire employee or to a newly recruited labour hire firm employee. The said labour hire employee will only remain at Tip Top as a labour hire firm employee for no longer than one month, or for a period mutually agreed between the relevant Department Manager and the Site LHMU Delegate. Labour Hire employees shall only be engaged for periods in excess of one month, where such employee is relieving for absences caused by long service leave, extended annual leave or undefined periods of workers compensation or sick leave. In the event that the above categories do not meet particular circumstances, parties may mutually agree on other arrangements. Following the completion of that month, or agreed period, the employee will become an employee of the Company as a Fixed Term Employee pursuant to Clause 4e of this Agreement.
25.6 Where a company engages a labour hire firm the company’s contract with the labour hire firm will include the following provisions:
(i) Casuals will be paid according to the terms and conditions of this Agreement.
25.7 In accordance with the above, it is also accepted that where a vacancy arise either permanent or short-term on shift work, the first opportunity to fulfil this vacancy will be given to existing permanent day shift employees of the Company provided that the duties as are within the employee's skills and competence.
26. Disputes Procedure
26.1 Any question, dispute or difficulty arising out of the operation of this Agreement shall be dealt with in the following manner:
26.2 The employee involved shall refer the matter to his or her immediate Supervisor/Manager for resolution. The Supervisor/Manager will, in normal circumstances, provide an answer within 24 hours
26.3 Notification: The employee, or Union on the employees behalf, is required to notify the Company (in writing or otherwise) as to the substance of the grievance or dispute, to request a meeting with the Company for joint discussions and to state the remedies which are sought.
26.4 Graduated Process: A grievance must initially be dealt with as close to its source as possible. If the matter is not then resolved the employee may confer with his or her Union representative within working hours and together the matter will be discussed with representatives of the Company. There shall be further discussions and resolutions at higher levels of authority, and responsible time limits must be allowed for discussions at each level of authority. During this process the employee may be represented by an officer of the Union.
26.5 Finalisation: If the matter has not been resolved to the employee's satisfaction by these discussions, then the Company must provide a written response to the employee's grievance, including reasons for not implementing any proposed remedy.
26.6 Reference to Commission: Nothing in this clause shall be taken as limiting either party's right to refer a matter in dispute to the Industrial Relations Commission of New South Wales.
26.7 In the event of a dispute, normal work must continue until an agreement is reached or the dispute is otherwise resolved.
26.8 The above procedure will also apply in respect of disputes, questions or difficulties, which relate to more than one employee.
27. Union Rights
27.1 Union Membership: The parties recognise the arrangements outlined in this agreement have evolved from the Union representing employees. The company agrees that the Union will have the right to enrol employees on the premises.
The company undertakes upon authorisation to deduct Union membership dues, as levied by the Union in accordance with its rules, from pay of employees who are members of the Union. Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscribtions to members’ accounts.
27.2 Stop Work Meetings: Employees of the company shall participate in one paid stop work meeting of a maximum of two hours for each year of the Agreement.
The Delegates in consultation with Bakery Management, may determine the production needs of the bakery and agree on a skeleton crew of non union employees to maintain a safe operation of the Bakery.
The Union will give the Company 7 days’ notice of its intention to convene a Union meeting. The time of the meeting will be mutually agreed having regard to the particular operating requirements of the Bakery/Bakeries.
27.3 Trade Union Training: During the life of this Agreement, the Union may from time to time nominate Union Representatives to attend without loss of pay to a training course held by the LHMU or any other training recognised by the LHMU.
The Union will give the company a minimum of 14 days notice of its intention to hold a training course.
27.4 Delegates Rights: The company shall recognise any duly accredited delegate(s) of the Union where it is advised by the Union that the person concerned has been elected/appointed as a Delegate in accordance with the rules of the Union.
The delegates will provide to the company on a 3 monthly basis during the life of the Agreement, a list of current delegates employed by the bakery.
27.5 Reasonable notification and Access: In recognising the rights of Union Delegates the company shall give to delegates reasonable notification and access to the following:
The Company will supply to Delegates a list of all new employees on a monthly basis, detailing their name and department in which they work.
27.5.1 Inductions: Delegates shall be given a reasonable amount of time without loss of pay to talk to new employees, to explain the role of the Union and the benefits of Union Membership.
27.5.2 Counselling Sessions: Delegates shall be notified no later than 24 hours prior to any counselling session involving any employee of the company covered by this agreement.
27.5.3. Warning Sessions: Delegates shall be notified no later than 24 hours prior to any warning session involving any employee of the company covered by this agreement.
Union delegates shall be notified of all Induction, Counselling and Warning sessions that are to be held within their department, if a department has no elected Union Delegate, the Company shall notify other Delegates employed at the Bakery.
Union delegates shall be given time off work to attend such sessions, if a request is made by the employee effected.
27.6 Reasonable Access: In recognising the rights of Union delegates the Company shall give to Delegates reasonable access to the following facilities:
Telephone
Fax Machine
Photocopying
Storage
These facilities shall be made available to Delegates to perform their duties as the duly elected representatives of the Employees.
Union delegates will obtain the approval of their immediate supervisor before taking paid time to discharge their functions pursuant to Clause 27. Such approval will not unreasonably be withheld.
27.7 Reasonable Paid Time: Delegates will be given reasonable time per week, without loss of pay, to assist in the reasonable discharge of their functions as a Representative of the employees covered by this Agreement.
Union delegates will obtain the approval of their immediate supervisor before taking paid time to discharge their functions pursuant to Clause 27. Such approval will not unreasonably be withheld.
28. 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.”
29. Area, Incidence and Duration
29.1 Coverage: This award shall be binding on the Company in respect of all its employees employed within the State of New South Wales, who come within the jurisdiction of the Baking Industry (State) Industrial Committee and/or who are apprentices to the trade of bread manufacturing, and it shall, except as provided for under subclause 2.3 of clause 2, Savings Provisions, of this award, rescind and replace the Bread Industry (State) Award published 24 February 1995 and award review published 20 October 2000 (319 I.G. 505), as varied, to the extent of that coverage.
29.2 This award rescinds and replaces the LHMU & Tip Top Bakeries (NSW) Enterprise Award published 26 October 2001 (328 I.G. 1252), as varied.
29.3 Operation: This award shall take effect from the first pay period on or after 21 October 2001 and shall remain in effect until 1 August 2004.
PART B
MONETARY RATES
Table 1 - Weekly (38-Hour) Rates for Full-Time Employees
| |Ordinary-time Rate of |Ordinary-time Rate of |Ordinary-time |
| |Pay per 38-hour Week |Pay per 38-hour Week |Rate of Pay per |
| | | |38-hour Week |
|Classification |From 21/10/2001 |From 21/09/2002 |From 21/08/2003 |
| |$ |$ |$ |
|Level 1 |672.65 |686.10 |703.25 |
|Level 2 |615.10 |627.40 |643.10 |
|Level 3 |586.30 |598.00 |612.95 |
|Level 4 |543.45 |554.30 |568.20 |
|Level 5 |514.75 |525.05 |538.20 |
|Level 6 |484.45 |494.15 |506.50 |
Table 2 - Allowances
|Item |Brief Description |Amount |Amount |Amount |
|No. | |Payable |Payable |Payable |
| | |From |From |From |
| | |21/10/2001 |21/09/2002 |21/08/2003 |
| | |$ |$ |$ |
|1 |Meal Allowance (two or more hours |8.80 per meal |8.95 |9.20 |
| |overtime without notice) | | | |
|2 |First-aid (when appointed by Tip Top as |11.40 per week |11.60 |11.90 |
| |first-aid officer) | | | |
|3 |Leading Operator: supervision of up to 4 |12.85 per week |13.10 |13.45 |
| |employees | | | |
|4 |Leading Operator: supervision of more than 4 |25.50 per week |26.00 |26.65 |
| |Employees | | | |
|5 |Light Rigid Vehicle Allowance |25.95 per week |26.50 |27.15 |
|6 |Medium Rigid Vehicle Allowance |34.20 per week |34.90 |35.80 |
|7 |Heavy Rigid Vehicle Allowance |42.85 per week |43.70 |44.80 |
|8 |Heavy Combination Vehicle Allowance |61.90 per week |63.15 |64.70 |
|9 |Boiler Allowance (when appointed in charge |10.95 per week |11.20 |11.45 |
| |of firing a boiler) | | | |
|10 |Apprentices' Allowance: for stage 1 pass |4.90 per week |5.00 |5.15 |
|11 |Apprentices' Allowance: on completion of |13.90 per week |14.20 |14.55 |
| |course | | | |
|12 |Merchandising Vehicle Allowance |14.75 per day |15.05 |15.40 |
|13 |Merchandising Travel Allowance: all travel |0.155 per km |0.160 |0.165 |
| |on rostered days | | | |
Appendix 'A'
LHMU AND TIP TOP BAKERIES (NSW) ENTERPRISE AWARD
1. The following arrangement is made pursuant to clause 9.2.6 - Country Region - Merchandiser Reduced Minimum Start - of the Award, in regard to the following work locations:
(Location(s) of Establishment)
2. It is agreed between the parties that the following arrangement for a Country Region - Merchandiser Reduced Minimum Start for the above location is as follows :
3. This agreement shall take effect from the beginning of the first full pay period to commence on or after__________________[insert date] and shall remain in force for a period of_____________________ being a period no longer than 24 months.
4. Signed on behalf of George Weston Foods Pty Ltd trading as Tip Top
Signed By:___________________ Name : ________________________
(please print)
____________________________ Name : ________________________
(Employee to sign) (please print)
Signed on behalf of the Australian Liquor Hospitality and Miscellaneous Workers Union (where required pursuant this Award):
__________________________ _ Name : ________________________
(Union Secretary) (please print)
Appendix 'B'
EMPLOYEE COUNSELLING AND DISCIPLINE PROCEDURE
The employee shall be offered
The role of counselling and discipline in the workplace should be corrective in nature. Discipline is aimed at obtaining compliance with the Company’s "Guidelines for Conduct "
The following procedure, which shall be used for all cases other than those warranting summary dismissal, is designed to encourage and improve good work practices, performance and individual conduct. The procedures also prescribe steps for guidance, and, in appropriate cases, taking disciplinary action.
The Objectives
(a) To encourage and improve good work practices, performances and individual conduct.
(b) To ensure that all matters relating to employee and management conduct are investigated properly, considered reasonably and are dealt with promptly and fairly.
(c) To ensure that every consideration has been given to correcting unsatisfactory performance or conduct.
(d) To ensure that, other than in cases of serious misconduct, severe disciplinary action is taken only as a last resort, following appropriate counselling and after formal warnings have been given.
Responsibilities
(a) This procedure is to be observed by Supervisors and Managers at all levels. It is management’s responsibility to make available and known to all employees as appropriate, the standard terms and conditions of their employment, and all rules and regulations relating to their work. Employees for their part are required to familiarise themselves with these documents and to comply with the prescribed Company rules and statutory regulations.
(b) Infringement of rules will be dealt with on an individual basis, and where appropriate, mitigating circumstances will be taken into account.
The Procedure
The employee shall be offered the opportunity to have a Delegate or witness present at all steps of this procedure, and the Organiser, if desired by the employee, at the issuing of final warnings and dismissals.
Step 1: Verbal Counselling/warning (period between one (1) and six (6) months)
This shall consist of a verbal warning recorded as a record of interview on the employee’s file and counselling of the employee, so that the employee understands the need for improvement in his / her behaviour or performance. The interview shall be attended by the Employee, Supervisor, and, if requested a Delegate or witness.
Step 2: Written Warning (period six (6) months)
Should the offending behaviour / performance continue during the period set out in Step 1 above, a written warning will be issued to the employee with a copy being placed upon the employee’s file. The counselling shall impress upon the employee, the seriousness with which the Company views the offending behaviour and the interview shall be attended by the Employee, Supervisor, Manager and, if requested a Delegate or witness.
Step 3: Final Written Warning (period twelve (12) months)
Should the offending behaviour/performance continue beyond Step 1 and 2, the employee shall be given a written final warning with a copy to the employee’s file. The final warning shall indicate clearly to the employee that any further transgression will result in dismissal. This interview shall be attended by the Employee, the Supervisor, the Business Unit Manager, or nominated representative and, if requested, the Union Delegate. The Union Delegate shall be given the opportunity to contact the Union Organiser and secure his / her attendance, should this be requested by the Employee.
Step 4: Dismissal
If Steps 1 - 3 are unsuccessful in bringing about the behavioural change or performance improvement required the Company may dismiss the employee. Should dismissal be necessary, the action shall involve the Business Unit Manager, the Delegate, the Human Resources Manager, the General Manager of the Site and, if requested, the Union Organiser or witness.
(i) The employee shall be stood down on pay, while the matter giving rise to the decision to dismiss is reviewed between the Business Unit Manager, the Human Resources Manager, the General Manager. During the process the decision to dismiss will be thoroughly reviewed to ensure that all steps have been correctly followed.
(ii) The employee shall be called in, on pay, and invited, within a private office and in company with the Delegate, and, if requested, the Union Organiser, to explain the behaviour complained of and asked to explain why dismissal should not proceed.
(iii) If, following this procedure, a response satisfactory to the Human Resources Manager and/or the General Manager, is not given, and the decision to dismiss the employee is confirmed, then the necessary steps will be approved by the Human Resources Manager and/or the General Manager to conclude necessary actions to effect payments, certificates, etc, for the employee concerned, as required by this Award.
General
Where a serious default in behaviour / performance occurs, but is deemed by the Company not to warrant summary dismissal, the Company may commence action under the clause, at the step which it (the Company) considers appropriate to the seriousness of the offending behaviour/performance.
In cases of employees being subject to this clause for being absent without pay, having exhausted their entitlement to sick leave, step three (3) will be the first and final counselling step, with step four (4) being dismissal.
Warnings shall be issued in formal surroundings and shall follow full examination of the alleged misconduct.
The employee shall have full opportunity to respond to any allegations made prior to any warnings being issued under this clause.
Each written warning shall outline the nature of the unsatisfactory behaviour or performance.
Warnings shall be issued under the procedure for offences as identified within the "Guidelines for Conduct".
The Employee Counselling and Discipline Procedure does not apply in cases warranting summary dismissal.
Tip Top reserves the right to summary dismissal in cases of serious misconduct
Appendix 'C'
PROBATIONARY EMPLOYEE PERFORMANCE REVIEW THIS FORM MUST BE COMPLETED FOR ALL PROBATIONARY EMPLOYEES.
|NAME: |DATE OF REVIEW: -----/-----/----- |
| | |
|DEPARTMENT: |REVIEWED BY |
| | |
|JOB CLASSIFICATION: Level |POSITION: |
| | |
|EMPLOYEE’S SIGNATURE: |
| | |
|MANAGERS/SUPERVISOR’S SIGNATURE: ................................................................ |
Above each skill dimension tick the box which you feel best to describe the skill level reached by the employee. You MUST provide examples based on past employee behaviour.
|SAFE WORK PRACTICES | | | | |
|Safe work practices. |Well below |Requires extra |Works in a safe |Always |
| |acceptable standard. |safety |manner. |observes |
| | |supervision. | |and |
| | | | |promotes |
| | | | |rules. |
COMMENTS:
|HACCP | | | | |
|Effectively complies to HACCP |Unacceptable |Less than |Fully |Always |
|standards |level of |expectable |acceptable |complies |
| |compliance |level of |level of |and |
| | |compliance |compliance |promotes |
| | | | |HACCP |
COMMENTS:
|JOB MOTIVATION | | | | |
|Extent to which employee |Demonstrates |Demonstrate |Demonstrates |Satisfaction |
|demonstrates interest in and obtains |little/no interest |some |full satisfaction |/interest in |
|personal satisfaction from job |satisfaction in |satisfaction |/interest in job. |job |
|activities and responsibilities |job. |/interest in job. | |consistently |
| | | | |exceeds |
| | | | |level |
| | | | |required. |
COMMENTS:
|INITIATIVE /DRIVE | | | | |
|Self starting. Taking action to |Needs to be |Needs some |Demonstrates |Actively |
|achieve job requirements. |prompted to |prompting to |some examples |attempts to |
| |take action. |take action. |of originating |influence |
| | | |actions. |events and |
| | | | |originate |
| | | | |action. |
COMMENTS:
|WORK STANDARDS | | | | |
|Meeting job performance standards. |Does not meet |Meets some |Meets all |Exceeds the |
| |performance |performance |performance |performance |
| |standards. |standards. |standards. |standards. |
COMMENTS:
|MACHINE OPERATION | | | | |
|Using the relevant machine or |Unacceptable |Less than |Fully |Consistently |
|technology to the standard required |standard of |acceptable |acceptable |above |
|by management or the process. |machine |level of |level of |standard of |
| |operation. |machine |machine |operation |
| | |operation. |operation. |required. |
COMMENTS:
|TEAM IMPACT | | | | |
|Initial and ongoing team impact. |Unable to get |Some ability to |Able to get |Excellent |
|Ability to get along with others. |along with |get along with |along with |ability to |
| |team members. |team members. |team members. |get along |
| | | | |with team |
| | | | |members. |
COMMENTS:
|PROBLEM ANALYSIS | | | | |
|Ability to locate root cause of a |Does not |Obtains some |Obtains |Obtains |
|problem and generate data/ideas and |obtain relevant |relevant |relevant |relevant |
|action for solution. |information |information |information |information |
| |and reaches |and often able |and makes |and makes |
| |inappropriate |to reach |appropriate |relevant |
| |conclusions. |appropriate |decisions. |solutions |
| | |conclusions. | |beyond |
| | | | |requirements. |
COMMENTS:
|PRACTICAL LEARNING | | | | |
|Obtaining and applying job related |Unable to learn |Able to learn |Learns and |Consistently |
|information. |and apply job |and apply some |applies all |learns and |
| |related |job related |required job |applies |
| |information. |information. |related |more job |
| | | |information. |related |
| | | | |information |
| | | | |than |
| | | | |required. |
COMMENTS:
|WORK HABITS | | | | |
|Work habits consistent with |Does not meet |Usually meets |Always meets |Consistently |
|company policy eg. Punctuality and |work habit |work habit |work habit |exceeds work |
|attendance. |requirements. |requirements. |requirements. |habit |
| | | | |requirements. |
COMMENTS:
|ADAPTABILITY/FLEXIBILITY | | | | |
|Maintains effectiveness in different |Unable to |Sometimes |Always |Consistently |
|jobs and areas. |maintain |maintain |maintains |exceeds |
| |effectiveness |effectiveness |effectiveness |requirements. |
| |in different |in different |in different job | |
| |jobs and areas. |jobs and area. |and areas. | |
COMMENTS:
|ORAL COMMUNICATIONS | | | | |
|Uses effective communication. |Frequently has |Sometimes |Usually able to |Consistently |
|Able to express ideas and thoughts |problems being |able to be |be understood |able to be |
|clearly and concisely. |understood |understood and |and express |understood |
| |through poor |express ideas |ideas and |and express |
| |expression. |and thoughts |thoughts |ideas and |
| | |clearly. |clearly. |thoughts |
| | | | |clearly. |
COMMENTS
|OVERALL COMMENT ON PERFORMANCE TO |POTENTIAL (MAKE A JUDGEMENT OF THE |
|DATE |EMPLOYEES FUTURE POTENTIAL TO THE |
| |COMPANY |
| | |
| | |
| | |
| | |
| | |
| | |
Appendix 1 - Classification Level Indicators
|BAKEHOUSE |Levels |
|Responsible for total production |1 |
|Responsible for production line |2 |
|Weighing and mixing of doughs (by hand or electronics) |2 |
|Holder of OBC/trade certificate, or an employee operating a proofer and/or oven |3 |
|Operating a dough divider |4 |
|Performing tin or tray change or cleaning duties only, and new employees with less than | |
|6 months and more than 3 months experience |5 |
|New employees with no experience |6 |
|BREADROOM | |
|Responsible for total production/shift |1 |
|Responsible for production area, i.e., slicing area or loading dock |2 |
|Employee capable of performing duties related to the operation of more than one slicing | |
|area (i.e., bread and rolls) and loading dock |3 |
|Performing the duties of a slicing operator and/or related duties, or performing the duties | |
|of making up loads and/or related duties |4 |
|Performing crate washing, or performing the duties of cleaning the loading dock and/or | |
|slicing area, and new employees with less than 6 months and more than 3 months | |
|experience |5 |
|New employees with no previous experience |6 |
|DRIVERS | |
|Employee who develops new business opportunities, understands promotional operations | |
|and understands the sales operations, and who is responsible for a sales section |1 |
|Employee who is capable of performing more than one bread run and is called upon to | |
|do so at short notice, or an employee who is classified as a run supervisor (Vendor relief) |3 |
|Employee who is capable of performing a bread run without supervision and/or who | |
|performs a single bread run without supervision and/or who is a Bulk Driver who is | |
|responsible for ordering bread and allied products |4 |
|Bulk Transfer Driver/Bulk Delivery Driver, and/or an employee who performs a bread | |
|run under supervision, including recording and maintaining basic records and making | |
|simple written reports |5 |
|New employees with no experience |6 |
|MERCHANDISERS | |
|Employee who is responsible for the co-ordination, rostering and wages of | |
|Merchandisers and liaises between Merchandisers and drivers, i.e., Merchandiser | |
|Co-ordinator |1 |
|Employee who performs duties of Levels 4 and 5 and who is able to advise other | |
|employees on the proper placement of product and of company fixtures, and who is | |
|responsible for training new employees |3 |
|Employee who performs the duties of Levels 4 and 5 and who is capable of performing | |
|those duties in more than one run territory and who assists with on-the job training and | |
|who is expected to be able to change areas at short notice and to be responsible for | |
|ordering product in a new area, with no previous knowledge of the area and without | |
|supervision |3 |
|Employee who performs the duties of Level 5 and is called upon to do more than one | |
|retail outlet at short notice and without supervision and/or who is responsible for the | |
|ordering of any product and/or who is responsible for placement of product and | |
|Company fixtures (stands, bins, etc.) |4 |
|Employee who performs the duties of merchandising without supervision, including | |
|recording and maintaining basic records and making simple written reports, counting of | |
|bread and allied returns, removal of returns, packing of products on to stands and general | |
|tidying up, including a new employee who performs these duties without supervision |5 |
|New employees performing duties under supervision (for a maximum of up to 3 months) |6 |
Baking Industry (State) Indsutrial Committee
Industries and Callings
Bread salespersons and all persons engaged in or in connection with the selling and/or delivery of bread or bread rolls or baked goods (including persons so engaged who are deemed to be employees pursuant to subclause (e) of Schedule 1 of the Industrial Relations Act 1991), breadroom hands, and all persons employed in bakeries in or in connection with the slicing and/or wrapping of bread, loaders, grooms, stablepersons and yardpersons, employed in connection therewith in the State, excluding the County of Yancowinna; and
Machine and hand bakers and assistants in the State, excluding the County of Yancowinna;
Excepting:
Engine drivers and firepersons, greasers, trimmers, cleaners and pumpers engaged in and about the driving of engines, and electrical crane, winch and motor drivers.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(700) |SERIAL C1091 |
CROWN EMPLOYEES (NSW FIRE BRIGADES RETAINED FIREFIGHTING STAFF) AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the NSW Fire Brigade Employees' Union, industrial organisation of employees.
(No. IRC 6455 of 2001)
|Before The Honourable Justice Boland |26 October 2001 and 22 February 2002 |
AWARD
Part A
1. TITLE
This Award shall be known as the "Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2001".
2. Index
PART A
Clause No. Subject Matter
22. Acknowledgment of Applications and Reports
31. Anti-Discrimination
32. Area, Incidence and Duration
27. Attendance at Major Emergencies
26. Attendance Requirements at Incidents and Drills
3. Basic Wage
17. Court Attendance Entitlements
4. Definitions
25. Disputes Avoidance Procedures
28. Drug and Alcohol Protocol
7. Higher Duties
2. Index
5. Intentions and Commitments
Leave
10. Annual Leave
30. Bereavement Leave
11. Long Service Leave
12. Military Leave
13. Parental Leave
14. Personal/Carer’s Leave
15. Sick Leave
16. Special Leave for Union Activities
8. Meals and Refreshments
21. Procedures Regarding Reports and Charges
24. Protective Clothing and Uniforms
6. Rates of Pay and Allowances
29. Salary Sacrifice to Superannuation
1. Title
23. Training and Staff Development
18. Training Course Attendance Entitlements
20. Transfers
19. Travelling Compensation
9. Use of Personal Transport
PART B
MONETARY RATES
Table 1 - Payment Entitlement Codes
Table 2 - Travelling Compensation Allowances
Table 3 - Authorised Duties
3. Basic Wage
3.1 This Award, in so far as it fixes rates of pay, is made by reference and in relation to a basic wage for adults of $121.40 per week.
3.2 The said basic wage may be varied by the Commission under subclause 2 of Clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and other provisions, of the Industrial Relations Act 1996.
3.3 A reference in this Award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.
4. Definitions
"Brigade" for the purposes of this Award means any individual brigade of the NSW Fire Brigades constituted under the Fire Brigades Act 1989.
"Commissioner" means Commissioner of the Department holding office as such under the Public Sector Management Act 1988.
"Department" means NSW Fire Brigades established by the Fire Brigades Act 1989 and as a Department under Schedule 1 of the Public Sector Management Act 1988.
"Employee" means a person classified by the Department as a Retained Firefighter and appointed as a Volunteer Firefighter pursuant to the provisions of the Fire Brigades Act 1989.
"Fire District" has the same meaning as in the Fire Brigades Act 1989.
"GSA" (Greater Sydney Area) means within the area bounded by the Local Government areas of Pittwater, Hornsby, Baulkham Hills, Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland.
"Incident" means a fire call or any other emergency incident attended by the NSW Fire Brigades.
"PEO" means the Public Employment Office .
"Retainer" means the relevant amount set out at Entitlement Codes A, B, C, D, E or F paid per month to employees, in accordance with their classification.
"Service" for the purposes of determining leave entitlements, means continuous service.
"Special Leave Without Pay" means a period of approved unpaid leave during which the employee’s retainer shall be unaffected.
"Substantial Meal" means a meal similar in standard to that provided by domestic airlines to inflight passengers travelling interstate economy class.
"Union" means the New South Wales Fire Brigade Employees' Union.
5. Intentions and Commitments
5.1 The intentions of this Award are to:
5.1.1 Regulate the rates of pay and conditions of employment for employees covered by this Award.
5.1.2 Provide an on-going basis and mechanism for review and reform, the objective of which is to increase productivity, efficiency, effectiveness and services within the NSW Fire Brigades.
5.1.3 Introduce changes in respect to areas identified in this clause.
5.2 The specific commitments in relation to this Award are:
5.2.1 To accommodate retained firefighters in the new superannuation scheme or other agreed arrangement established consistent with subclause 5.2 of the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2000.
5.2.2 During the life of this Award the Department shall complete the installation of computers into all retained stations, including the delivery of the necessary training to employees.
6. Rates of Pay and Allowances
6.1 Rates of pay and retainers shall be paid in accordance with the Entitlement Codes for an employee’s classification, as prescribed in subclause 6.3.1. The monetary amounts corresponding to the Entitlement Codes are as set out in Table 1 - Payment Entitlement Codes, of Part B, Monetary Rates.
6.2 The retainers include a loading in compensation for:
6.2.1 Annual leave loading.
6.2.2 The driving and operating of all vehicles operated by appropriately qualified employees as at 30 September 1999 and rescue and hazmat vehicles outside the GSA and the Newcastle, Lake Macquarie, Wollongong, Shellharbour, Gosford, Wyong and Blue Mountains Local Government Areas. The operation of any other vehicles shall be by agreement between the Union and the Department.
6.2.3 Rescue, Cordage, Hazmat & Unit Trainer capabilities and CBT qualifications required to be held under subclause 6.3.
6.3 Rates of Pay and Classifications -
6.3.1 Entitlement Codes
|Classification |Type of Payment and Entitlement Code |
| |Retainer |Rate of Pay |Each subsequent half-hour |
| |per month |1st Hour |or part thereof |
|Captain A |A |G |I |
|Captain B |B |G |I |
|Deputy Captain A |B |H |J |
|Deputy Captain B |C |H |J |
|Firefighter A |D |H |J |
|Firefighter B |E |H |J |
|Firefighter C |F |H |J |
6.3.2 All employees shall commence employment in the classification of Retained Firefighter and shall be paid the Level C retainer rate.
6.3.3 Progression of Retained Firefighters from Level C retainer payment to Level B retainer payment shall be subject to the satisfactory completion of:
6.3.3.1 12 months service from the date of commencement of employment as a retained firefighter; and
6.3.3.2 the training and/or training competencies specified, by the Commissioner on the advice of the Training Review Committee, for such progression.
6.3.4 Progression of Retained Firefighters from Level B retainer payment to Level A retainer payment shall be subject to the satisfactory completion of:
6.3.4.1 24 months service from the date of commencement of employment as a retained firefighter; and
6.3.4.2 the training and/or training competencies specified, by the Commissioner on the advice of the Training Review Committee, for such progression.
6.3.5 Progression from Retained Firefighter to Deputy Captain or Captain, or from Deputy Captain to Captain shall in each case be subject to a vacancy and shall be determined solely on the basis of competitive merit selection. Selection Committees shall be constituted in accordance with the Recruitment and Employment Guidelines and Procedures of the N.S.W. Public Service.
6.3.6 Progression of Deputy Captains from Level B retainer payment to Level A retainer payment shall be subject to the satisfactory completion of:
6.3.6.1 12 months service from the date of appointment as Deputy Captain; and
6.3.6.2 the training and/or training competencies specified, by the Commissioner on the advice of the Training Review Committee, for such progression.
6.3.7 Progression of Captains from Level B retainer payment to Level A retainer payment shall be subject to the satisfactory completion of:
6.3.7.1 12 months service from the date of appointment as Captain; and
6.3.7.2 the training and/or training competencies specified, by the Commissioner on the advice of the Training Review Committee, for such progression.
6.3.8 All employees who, at the date of commencement of this Award, had completed less than twelve months service shall be paid at the Level C retainer rate applying to their classification.
6.3.9 All employees who, at the date of commencement of this Award, had completed more than twelve months but less than two years service shall be paid at the Level B retainer rate applying to their classification.
6.3.10 All employees who, at the date of commencement of this Award, had completed two or more years service shall be paid at the Level A retainer rate applying to their classification.
6.4 Restowing of Firefighting Vehicles
6.4.1 When a firefighting vehicle at a Brigade is required to be restowed the following provisions and conditions shall apply:
6.4.2 With 24 Hours Notice -
6.4.2.1 Where at least 24 hours notice has been given, where possible, a minimum of four employees shall undertake the restow. The payment for each employee undertaking the restow of the firefighting vehicle shall be an amount calculated in accordance with the following formulae. The formulae are to be applied irrespective of whether or not the number of employees undertaking the restow is four.
6.4.2.1.1 Payment to be made to each employee, other than a Captain:
8 x H
y
6.4.2.1.2 Payment to be made to a Captain, where a Captain also undertakes the restow:
8 x G
y
6.4.2.1.3 Key:
H = The Hourly Rate of Pay specified at Entitlement Code "H" at Table 1 of Part B.
y = Total number of employees undertaking the restow, including the Captain if the Captain also undertakes the restow
G = The Hourly Rate of Pay specified at Entitlement Code "G" at Table 1 of Part B.
6.4.3 Restows shall, where possible, be carried out between 1800 and 2000 hours.
6.4.4 Without 24 Hours Notice
6.4.4.1 Where less than 24 hours notice has been given, the restow is to be regarded as an attendance at an incident. Each employee undertaking the restow shall be paid for all time so spent at the rate(s) prescribed for the employee's classification.
6.4.5 General Provisions
6.4.5.1 Restows of firefighting vehicles shall include road testing and pump testing and, under normal circumstances, should be completed within one hour.
6.5 Employees appointed as Unit Trainers shall receive payment at the rates prescribed at Items G and I when delivering training at normal station drills, for the duration of the drill.
6.6 Calculation of Payment for Duties Performed
6.6.1 Employees shall be paid, subject to the provisions of subclause 6.6.2, for the total period of time spent performing duties, which shall be calculated as follows:
6.6.1.1 Attendance at Scheduled Weekend Training courses - the period of attendance shall be equivalent to the scheduled training hours.
6.6.1.2 Major Emergencies - Periods of attendance for the purpose of calculating payment shall be calculated having regard to the provisions of subclause 27.5.
6.6.1.3 Attendance at Zone Conferences - the period of attendance shall be equivalent to the scheduled hours of the conference.
6.6.1.4 In all other instances - employees shall be paid for the period that elapses from the time the employee signed on in the occurrence book at the employee’s station, until the time such employee signs off in the occurrence book at the employee’s station.
6.6.2 The minimum periods of payment shall be as follows:
6.6.2.1 Attendance at an incident, hazard reduction, and unit training - a minimum payment of one hour. All subsequent time thereafter shall be paid to the half hour.
6.6.2.2 Regular drills - a minimum payment of two hours.
6.6.2.3 All other authorised duties (excepting Travelling Time) - a minimum payment of one hour. All subsequent time to be paid to the minute.
6.6.2.4 Travelling time - where an employee is entitled to travelling time in terms of this Award, all such time shall be paid to the minute.
6.6.2.5 Standing By - where an employee performs stand by duties in accordance with subclause 6.8, such employee shall receive a minimum payment of one hour. All subsequent time thereafter shall be paid to the minute.
6.6.2.6 Attendance at scheduled weekend training courses and zone conferences - a minimum payment of eight hours per day spent in attendance.
6.7 Attendance at Authorised Meetings and Other Duties
6.7.1 Where an employee is required to attend meetings or to perform other authorised duties, payment shall be made at the appropriate rate of pay for the employee’s classification for the time spent in attendance. Such authorised duties include, but are not limited to, those duties that are set out in Table 3 - Authorised Duties, of Part B, Monetary Rates.
6.7.2 Employees seeking to attend meetings and/or perform duties in accordance with subclause 6.7.1 which are not referred to in the said Table 3 must receive authorisation from the relevant Captain or Zone Commander prior to such the performance of such duties.
6.8 Standing By for Non-Available Staff
6.8.1 Where an employee is required to stand by with a brigade to fill a vacancy created through the non-availability of firefighting staff, retained or permanent, such employee shall be paid at the rate prescribed at Entitlement Code L of Table 1 of Part B of this Award for the period which elapses from the time the employee signed on in the occurrence book of the stand by station, until the time such employee signs off in the occurrence book of the stand by station. Provided that employees who perform stand by duties in accordance with this subclause shall not attract additional payment under this Clause for attendance at incidents or performing authorised duties or drills during the period of the stand by.
6.8.2 Employees who stand by at a station other than their own shall be paid the appropriate rate per hour prescribed for the employee’s classification for the duration of the forward and return journeys between the employee’s station and the location of the stand-by. All such time shall be paid to the minute.
6.8.3 Where it is necessary for an employee to use the employee’s private vehicle to perform stand by duties, such employee shall be paid the rate per kilometre prescribed at Entitlement Code "K" of Table 1 of Part B for the forward and return journeys between their residence and their station, and the forward and return journeys between their station and the location of the stand-by.
6.9 Overtime
6.9.1 Where an employee works in excess of ten (10) consecutive hours, such employee shall be paid at overtime rates for the hours worked in excess of ten (10). Provided that the provisions of this subclause shall not apply to employees receiving payment under either Clause 27, Attendance at Major Emergencies, or subclause 6.8, Standing By for Non-Available Staff.
6.9.2 Overtime shall be paid for at the rate of time and one half for the first two (2) hours and at the rate of double time thereafter, for the rate(s) prescribed for the employee’s classification, provided that all overtime shall be paid to the half hour in accordance with subclause 6.6.2.1.
6.10 Overpayments -
6.10.1 In cases where an employee has been overpaid, the Department shall be entitled to recover such overpayment in full. Unless the employee agrees otherwise, the maximum rate at which the overpayment can be recovered is an amount calculated on a per month basis, equivalent to 10% of the employee's gross monthly remuneration.
6.10.2 In all cases where overpayments have occurred, the Department shall as soon as possible advise the employee concerned of both the circumstances surrounding the overpayment and the amount involved. The Department will also advise the employee of the pay period from which the recovery of the overpayment is to commence.
6.10.3 The recovery rate of 10% of an employee's gross monthly remuneration referred to in subclause 6.10.1, may be reduced by approval of the Commissioner if the Commissioner is satisfied that such a rate of recovery would cause undue hardship to the employee concerned.
6.10.4 Where an employee's remaining period of service does not permit the full recovery of any overpayment to be achieved on the monthly basis prescribed in subclause 6.10.1, the Department shall have the right to deduct any balance of such overpayment from any monies owing to the employee on the employee's date of termination, resignation or retirement, as the case may be.
6.11 Payment of Monies -
6.11.1 Employees shall be paid monthly.
6.11.2 Payments shall be made into a bank account specified by the employee, or other financial institutions acceptable to the Department and Union.
6.12 Payroll Deductions -
6.12.1 Except as provided for in subclause 6.12.2, all salary deductions shall be made in accordance with Treasury Guidelines.
6.12.2 Upon application by an employee, the Department shall make deductions from the employee's pay for Union subscriptions.
6.13 Method of Calculation of any Future Adjustment -
6.13.1 In the event of any future adjustment which is to be applied to the rates for Retainers, or Rates of Pay, then subject to subclause 6.13.2, the formulae in the following table shall be applied:
|Type of Payment |Method of Calculation of Future Adjustment |
| | |
|Retainer |Add increase then round off to the nearest ten cents |
|Rate of Pay -1st Hour |Multiply by 38, add the increase, round off to the nearest 10 cents, |
| |then divide by 38 and round off to the nearest cent |
|Each subsequent Half-hour or |Divide the "1st hour" rate by 2 and round off to the nearest cent. |
|part thereof | |
6.13.2 The formulae prescribed in subclause 6.13.1 are not applicable in cases where a future adjustment is a flat dollar amount per week. In the event of such a flat increase occurring, any adjustments are to be made in accordance with the provisions prescribed for the application of that increase.
7. Higher Duties
7.1 Except in the case of a Deputy Captain performing Higher Duties as a Captain, the provisions and procedures of this clause shall apply when an employee acts up and performs Higher Duties. Provided that when a Deputy Captain performs Higher Duties as a Captain, the Deputy Captain shall be paid for such duties in terms of subclause 7.3.
7.2 An employee shall not be entitled to perform Higher Duties unless the employee is qualified to perform such duties.
7.3 An employee performing Higher Duties shall be paid for the period of relief, the difference between the employee's usual rate of pay and the minimum rate of pay for the classification in which the Higher Duties are performed. Provided that the difference between the employee’s retainer and the retainer for the classification in which the Higher Duties are performed shall not be paid unless the Higher Duties are performed for a continuous period of seven days or more.
7.4 In selecting employees to perform Higher Duties the following procedures shall apply:
7.4.1 Where the period of relief is to be less than one month, a merit based selection process need not be applied. However, the Department shall have regard to the principles of equitably sharing career development opportunities.
7.4.2 Where the period of relief is to be more than one month and the need for the relief is known in advance, expressions of interest shall be called for and selection made on the basis of merit.
7.4.3 Where the need for the relief is not known in advance, but it subsequently becomes known that the duration of the relief is anticipated to be for two months or more, the initial appointment shall be made in accordance with subclause 7.4.1. However, immediately following that initial appointment expressions of interest are to be called for and selection made on the basis of merit.
7.4.4 Where the period of relief is anticipated to be for six months or more, expressions of interest shall be called for and selection made on the basis of merit. Unless otherwise agreed between the Department and the Union, the period of this relief shall be divided equally between the successful applicants. Provided that in dividing the periods of this relief, the minimum period shall be three months. For example, if the period of relief is eight months and five applicants are found to be suitable, only the top two applicants would perform the relief and in this case, for a period of four months each.
7.4.5 For the purposes of this clause, merit shall be determined consistent with the principles and processes underlying merit based selection in the NSW Public Service.
7.5 Attendance at an Incident
7.5.1 Any Higher Duties entitlement in terms of this clause which was actually being paid, or which should have been paid, during a period immediately prior to an incident, shall not be diminished as a consequence of the incident.
7.5.2 Except as provided for in 7.5.1, the only other circumstances under which a Higher Duties payment is to be made during an incident is in a case where the Captain does not attend the incident. In such cases, only one employee shall be entitled to a Higher Duties payment in terms of this clause and that employee shall be the employee who was in charge of the incident for the majority of the time.
7.5.3 For the purposes of 7.5.2, the term "Captain" shall also mean "Acting Captain" in cases where an employee was, during the period immediately prior to the incident, the Acting Captain in terms of this clause.
8. Meals and Refreshments
8.1 Attendance at an Incident -
8.1.1 For the purposes of this clause, an "incident" also includes hazard reduction.
8.1.2 Where an employee attends an incident which extends for two hours or more:
8.1.2.1 In the GSA, Newcastle, Broken Hill, Wollongong, Gosford and Wyong Fire Districts, refreshments shall be provided no later than two hours after the start of the incident.
8.1.2.2 In all other Fire Districts, refreshments shall be provided as soon as possible after two hours but no later than three hours after the start of the incident.
8.1.3 Where such an incident extends for four hours or more, the employee shall be provided with a substantial meal. After every subsequent four hours of attendance at such an incident, a further substantial meal shall be provided.
8.2 Payment in Lieu of the Provision of Refreshments/Meals -
8.2.1 Where refreshments are not provided in terms of subclause 8.1.2, an allowance set at Entitlement Code "N" of Table 1 of Part B, shall be paid.
8.2.2 Where meals are not provided in terms of subclause 8.1.3, an allowance set at Entitlement Code "M" of Table 1 of Part B, shall be paid.
8.3 Method of Payment of Allowances in Lieu of Refreshments/Meals -
8.3.1 The payments referred to in this clause shall, subject to 8.3.1.1, be made prior to or at the cessation of duty.
8.3.1.1 In cases where the Officer-in-Charge is not, or due to circumstances beyond his or her control does not have sufficient funds available to make payment, the employee shall be paid at the earliest practicable opportunity after the cessation of duty.
8.4 Calculation of Future Adjustments to Refreshments/Meal Allowances -
8.4.1 The allowances referred to in this clause shall be calculated as follows:
8.4.1.1 The amount at Entitlement Code "M" of Table 1 of Part B, is the average, rounded to the nearest five cents, of the amounts prescribed for the overtime meal allowances for breakfast, lunch and dinner under the Crown Employees (Public Service Conditions of Employment) Award 1997.
8.4.1.2 The amount at Entitlement Code "N" of Table 1 of Part B, is half, rounded to the nearest five cents, of the amount at Entitlement Code "M" of Table 1 of Part B.
8.4.1.3 The amounts specified in subclauses 8.4.1.1 and 8.4.1.2 shall be re-calculated and shall take effect from the same date, as any adjustments made to the overtime meal allowances for breakfast, lunch and dinner allowances in the Crown Employees (Public Service Conditions Of Employment) Award 1997.
9. Use of Personal Transport
9.1 Attendance at an incident -
9.1.1 Where it is necessary for an employee to use the employee's private vehicle to attend an incident, the employee shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, per kilometre, as follows:
9.1.1.1 The return distance from the employee’s residence to the station or the distance actually travelled on the forward and return journeys to the station, which ever is the lesser; and
9.1.1.2 The return distance from the station to the incident, if it is necessary for the employee to use the employee’s private vehicle to travel from the station to the incident.
9.2 Attendance at Authorised Meetings and Other Duties -
9.2.1 Where an employee is required to use the employee’s private vehicle to attend such meetings or to perform such other authorised duties as prescribed in subclause 6.8, the employee shall be paid the rate prescribed at Entitlement Code "K" of Table 1 of Part B, of this Award per kilometre for the actual distance necessarily and reasonably travelled for that purpose.
9.2.1.1 Provided that where an employee is authorised to, and does, use his or her own private vehicle and the principal purpose of the journey is, or is as a consequence of, the transportation of the Department’s equipment and/or appliances from one location to another, then such employee shall be paid the appropriate rate per hour prescribed for the employee’s classification in addition to the rate per kilometre prescribed at Entitlement Code "K" of Table 1 of Part B. Provided further that, for the purposes of this subclause:
9.2.1.1.1 An employee’s turnout gear shall not be regarded as equipment.
9.2.1.1.2 The hourly rate shall be paid on a basis similar to travelling time. That is, no minimum period of payment and all time to be paid to the minute.
9.2.1.1.3 Where the reason for the journey is to attend an incident, the normal provisions of this Award shall apply in lieu of the provisions of this subclause.
9.2.2 In cases where more than one employee is required to attend such meetings or to perform such other authorised duties, the total amount to be paid in terms of subclause 9.2.1, shall be limited to the amount which would be payable if the minimum number of vehicles necessary to provide the transport for the employees concerned, were used.
9.2.3 The provisions of this clause shall not apply where transport is provided by the Department.
9.2.4 Employees who are required to attend such meetings or perform such authorised duties, but do not use their private vehicle and are therefore not entitled to claim the rate prescribed at Entitlement Code "K" of Table 1 of Part B, shall be entitled to claim travelling time and/or travelling expenses in accordance with clause 19, Travelling Compensation.
9.3 Restowing of Firefighting Vehicles -
9.3.1 Where an employee uses the employee’s private vehicle to travel to the fire station for the purpose of undertaking restowing duties as prescribed in subclause 6.4, the employee shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, per kilometre for the return distance from the employee’s residence to the station or the actual distance travelled, which ever is the lesser.
9.3.2 Where employees are required to transport a Firefighting Vehicle for servicing and/or repairs from the Station to another location, such duty shall be regarded and paid as an authorised duty.
10. Annual Leave
10.1 On each anniversary of an employee's appointment to the Brigade, an employee shall be entitled to annual leave. Such annual leave shall accrue at the rate of four weeks for each completed year of service and shall be taken in multiples of one week.
10.2 An employee with less than twelve months service may, subject to approval by the Department and the requirements of subclause 10.1, take in advance leave which has accrued.
10.3 Wherever possible, annual leave shall be taken within six months of the date on which the leave becomes due. Provided that, in all cases, annual leave must be granted and taken within twelve months of the date on which it becomes due.
10.4 As far as possible, annual leave shall be granted to coincide with the employee's leave period from the employee’s primary form of employment.
10.5 Payment for annual leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department, excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).
10.6 An employee who is directed to return to duty in the case of an emergency whilst on annual leave, shall have any day or part thereof recredited.
10.7 An employee shall be paid in advance for a period of approved annual leave, providing such employee has given a minimum of six weeks written notice of the date on which the leave is to commence.
11. Long Service Leave
11.1 An employee shall be entitled to long service leave calculated on the following bases:
11.1.1 For all continuous service prior to 1 April 1963, and provided that such previous service is also continuous with the employee's current service, at the rate of three months, for twenty years of service.
11.1.2 For all continuous service on and subsequent to 1 April 1963, in the case of an employee who has completed ten years service, two months long service leave and for each five years completed service thereafter, a further one month long service leave.
11.2 On termination of services, in respect of the number of years service with the Department since the employee last became entitled to an amount of long service leave, a proportionate amount on the basis of two months for ten years service.
11.3 In the case of an employee who has completed at least ten years service and whose services are terminated or cease for any reason, such employee shall be paid a proportionate amount calculated at the rate of two months for ten years service.
11.4 In the case of an employee who has completed at least five years service and whose services are terminated by the Department for any reason, other than serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, such employee (or in the event of the death of the employee, the employee’s estate) shall be paid a proportionate amount calculated at the rate of two months for ten years service.
11.5 Long service leave shall be granted subject to the convenience of the Department, as and when such leave becomes due or any time thereafter. Provided that an employee shall give at least 30 days notice in writing of the intention to take such leave.
11.6 Long service leave shall be paid at the rate of full pay which, for the purposes of this clause, shall mean the greater average monthly remuneration received by the employee calculated over either the preceding twelve months or five years excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. The averages referred to in this subclause shall be calculated up to and including the end of the month immediately prior to the month during which the long service leave is taken or commences, as the case may be.
11.7 The term "remuneration" referred to in subclause 11.6 shall include all payments made to the employee by the Department, excluding payments made as compensation or reimbursement for expenses (e.g., payments for meals, accommodation and for kilometres travelled).
11.8 An employee who is directed to return to duty in the case of an emergency while on long service leave shall have any day or part thereof recredited.
12. Military Leave
12.1 Military leave may be granted to employees who are volunteer part-time members of the Defence Forces Reserves.
12.2 Such leave shall be available in accordance with the following provisions on a twelve month to twelve month basis, commencing on 1 July each year:
12.2.1 For members of the Navy Reserve - thirteen calendar days for the purpose of annual training and thirteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.
12.2.2 For members of the Army Reserve - fourteen calendar days for the purpose of annual training and fourteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.
12.2.3 For members of the Air Force Reserve - sixteen calendar days for the purpose of annual training and sixteen calendar days for the purposes of attending a school, class or course of instruction, including in a teaching capacity.
12.3 Where a Commanding Officer certifies in writing that it is obligatory for a member of the Reserves to attend training for a period that exceeds the leave granted under subclause 12.2, the Commissioner may grant further Military Leave up to four calendar days in any one Military Leave year.
12.4 Periods of approved Military Leave shall be regarded as Special Leave without Pay.
13. Parental Leave
13.1 Definition of Parental Leave -
13.1.1 For the purposes of this clause, Parental Leave is Maternity Leave, Paternity Leave or Adoption Leave.
13.1.2 Maternity Leave is leave taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Maternity Leave consists of an unbroken period of leave.
13.1.3 Paternity Leave is leave taken by a male employee who becomes a parent but is ineligible to be granted either Maternity Leave or Adoption Leave, but is to be the primary care giver of a child or who wishes to share the child caring duties with their partner.
13.1.4 Adoption Leave is leave taken by a female or male employee in connection with the adoption by the employee of a child under the age of five years (other than a child who has previously lived continuously with the employee for a period of at least six months or who is a child or step-child of the employee or of the employee's spouse).
13.1.5 For the purposes of this clause, "spouse" includes a de facto spouse and a former spouse.
13.2 Entitlement to Parental Leave -
13.2.1 An employee is entitled to a total of fifty-two weeks unpaid Parental Leave in connection with the birth or adoption of a child, as provided by this clause.
13.2.2 Maternity Leave - all female employees who do not have the necessary service as prescribed in subclause 13.3.1 for paid Maternity Leave, shall be entitled to unpaid Maternity Leave of up to nine weeks before the expected date of birth of the child.
13.2.3 Paid Maternity Leave may be granted to a female employee subject to the following conditions:
13.2.3.1 The female employee has applied for Maternity Leave within such time and in such manner as herein set out.
13.2.3.2 Before the expected date of birth has completed not less than forty weeks' continuous service. Paid Maternity Leave shall be for a period of nine weeks from the date Maternity Leave commences.
13.2.3.3 In addition to the unpaid or paid Maternity Leave referred to above, all female employees shall also be entitled to a further period of up to fifty-two weeks unpaid Maternity Leave after the actual date of birth of the child.
13.2.3.4 The period over which Annual and/or Long Service Leave combined with unpaid Maternity Leave, shall not exceed a total period of two years from the date of birth of the child.
13.2.4 Short Adoption Leave is an unbroken period of three weeks of unpaid leave, taken by an employee who does not have the necessary service for paid Adoption Leave as prescribed in subclause 13.3.1, from the time of placement of the child.
13.2.5 Paid Adoption Leave may be granted to an employee adopting a child subject to the following conditions:
13.2.5.1 The employee has applied for Adoption Leave within such time and in such manner as herein set out.
13.2.5.2 Before the commencement of Adoption Leave the employee has completed not less than forty weeks' continuous service.
13.2.5.3 The employee is to be the primary care giver of the child.
13.2.5.4 Paid Adoption Leave shall be for a period of three weeks of Adoption Leave or the period of Adoption Leave taken, whichever is the lesser period.
13.2.5.5 Extended Adoption Leave is a further unbroken period of up to fifty-two weeks of unpaid leave in order to be the primary care-giver of the child.
13.2.6 Paternity Leave is a period of up to fifty-two weeks of unpaid leave taken from the date of birth of the child. It shall consist of:
13.2.6.1 An unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy (short Paternity Leave).
13.2.6.2 A further unbroken period in order to be the primary care-giver of the child (extended Paternity Leave).
13.2.7 Except as provided for in subclause 13.2.3, Parental Leave shall not extend beyond a period of one year after the child was born or adopted.
13.3 Length of Service for Eligibility -
13.3.1 A female employee is entitled to paid Maternity Leave or, in the case of both male and female employees, paid Adoption Leave only if the employee has had at least forty weeks' continuous service.
13.3.2 There is no minimum period of employment for eligibility for unpaid Parental Leave.
13.3.3 Continuous service is service under one or more unbroken contracts of employment, including:
13.3.3.1 Any period of authorised leave or absence.
13.3.3.2 Any period of part-time work.
13.3.3.3 Full or part-time service within the Public Service or within a Public Sector organisation listed in the schedules attached to the Transferred Officers Extended Leave Act 1961, and in Appendices A and B contained in the Personnel Handbook published by the PEO.
13.4 Notices and Documents required to be given to the Commissioner -
13.4.1 Maternity Leave - The notices and documents to be given to the Commissioner for the purposes of taking Maternity Leave are as follows:
13.4.1.1 The female employee should give at least eight weeks' written or oral notice of the intention to take the leave (unless it is not reasonably practicable to do so in the circumstances).
13.4.1.2 The female employee must, at least four weeks before proceeding on leave, give written notice of the dates on which the employee proposes to start and end the period of leave.
13.4.1.3 The female employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee is pregnant and the expected date of birth.
13.4.2 Paternity Leave - The notices and documents to be given to the Commissioner for the purposes of taking Paternity Leave are as follows:
13.4.2.1 In the case of extended Paternity Leave, the employee should give at least ten weeks written or oral notice of the intention to take the leave (unless it is not reasonably practicable to do so in the circumstances).
13.4.2.2 The employee must, at least four weeks before proceeding on leave, give notice of the dates on which the employee proposes to start and end the period of leave.
13.4.2.3 The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee's spouse is pregnant and the expected date of birth.
13.4.2.4 In the case of extended paternity leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:
13.4.2.4.1 Any period of Maternity Leave sought or taken by his spouse.
13.4.2.4.2 That he is seeking that period of extended Paternity Leave to become the primary care-giver of the child.
13.4.3 Adoption Leave - The notices and documents to be given to the Commissioner for the purposes of taking Adoption Leave are as follows:
13.4.3.1 In the case of extended Adoption Leave, the employee should give written or oral notice of any approval or other decision to adopt a child at least ten weeks before the expected date of placement (unless it is not reasonably practicable to do so in the circumstances).
13.4.3.2 The employee must give written notice of the dates on which the employee proposes to start and end the period of leave, as soon as practicable after the employee is notified of the expected date of placement of the child but at least fourteen days before proceeding on such leave.
13.4.3.3 The employee must, before the start of leave, provide a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes.
13.4.3.4 In the case of extended Adoption Leave, the employee must, before the start of such leave, provide a statutory declaration by the employee stating:
13.4.3.4.1 Any period of Adoption Leave sought or taken by his or her spouse.
13.4.3.4.2 The employee is seeking that period of extended Adoption Leave to become the primary care-giver of the child.
13.4.4 An employee does not fail to comply with this clause if the failure was caused by:
13.4.4.1 The child being born (or the pregnancy otherwise terminating) before the expected date of birth.
13.4.4.2 The child being placed for adoption before the expected date of placement.
13.4.4.3 Other compelling circumstances.
13.4.5 In the case of the birth of a living child, notice of the period of leave is to be given within two weeks after the birth and the certificate of the medical practitioner is to state that the child was born and the date of birth. In the case of the adoption of a child, notice of the period of leave is to be given within two weeks after the placement of the child.
13.4.6 An employee must notify the Commissioner of any change in the information provided under this clause within two weeks after the change.
13.4.7 If required by the Commissioner, an employee who applies for Parental Leave is to give the Commissioner a statutory declaration, or enter into an agreement with the Commissioner, that for the period of the leave the employee will not engage in any conduct inconsistent with the employee's contract of employment.
13.5 Continuity of Service - Parental leave does not break an employee's continuity of service, but subject to subclauses 13.5.1, 13.5.2 and 13.5.3 is not to be taken into account in calculating an employee's period of service for any other purposes.
13.5.1 Any period of paid Adoption or paid Maternity Leave shall count as full service for the purposes of determining progression either within a classification or from one classification to another. However, unpaid Parental Leave shall not count as service for determining such progression.
13.5.2 Adoption Leave on full pay and Maternity Leave on full pay shall count as full service for the purposes of determining all forms of leave.
13.5.3 Unpaid Parental Leave shall not count as service for determining any form of leave entitlement, except for Long Service Leave in cases where at least ten years of service has been completed and unpaid Parental Leave does not exceed six months.
13.6 Parents not to take Parental Leave at the same time -
13.6.1 An employee is not entitled to parental leave at the same time as his or her spouse is on parental leave.
13.6.2 If subclause 13.6.1 is contravened the period of parental leave to which the employee is entitled under this clause is reduced by the period of leave taken by his or her spouse. However, this subclause does not apply to short paternity leave or short adoption leave.
13.7 Cancellation of Parental Leave -
13.7.1 Before starting leave - Parental leave applied for but not commenced is automatically cancelled if:
13.7.1.1 The employee withdraws the application for leave by written notice to the Commissioner.
13.7.1.2 The pregnancy concerned terminates other than by the birth of a living child or the placement of the child concerned does not proceed.
13.7.2 After starting leave -
If:
13.7.2.1 The pregnancy of the employee or the employee's spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, provided:
13.7.2.1.1 If a child is still-born the female employee may elect to take available Sick Leave or Maternity Leave.
13.7.2.1.2 In the event of a miscarriage any absence from work is to be covered by the current Sick Leave provisions.
13.7.2.2 The child in respect of whom an employee is then on Parental Leave dies, or
13.7.2.3 The placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee is entitled to resume work at a time nominated by the Commissioner within two weeks after the date on which the employee gives the Commissioner a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.
13.7.3 The provisions of subclause 13.7 do not affect an employee's entitlement to special maternity leave or special adoption leave.
13.8 Parental Leave and other Leave -
13.8.1 An employee may take any annual leave or long service leave to which the employee is entitled instead of, or in conjunction with parental leave.
13.8.2 However, the total period of leave cannot be so extended beyond the maximum period of Parental Leave authorised by this clause.
13.8.3 The maximum period of Parental Leave authorised by this clause is reduced by any period of paid sick leave taken by the employee while on Maternity Leave.
13.8.4 Any paid absence authorised by law or by an award, enterprise agreement or contract of employment is not available to an employee on Parental Leave, except if the paid absence is:
13.8.4.1 Annual Leave or Long Service Leave.
13.8.4.2 In the case of Maternity Leave - Sick Leave.
13.9 Employee and Commissioner may agree to interruption of Parental Leave by return to work -
13.9.1 An employee on Parental Leave may, with the agreement of the Commissioner, break the period of leave by returning to work for the Department, provided that:
13.9.1.1 A female employee who gives birth to a living child shall not resume duty until six weeks after the birth of the child, unless special arrangements for early return are made at the request of the female employee and supported by a certificate from a qualified medical practitioner.
13.9.1.2 A female employee who has returned to full-time duty after less than her full entitlement to maternity leave, shall be entitled to revert to maternity leave either on a full-time or part-time basis if she so elects. This election may be exercised only once and a minimum of four weeks notice (or less if acceptable to the Commissioner) of her intention to resume maternity leave must be given.
13.9.2 The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by this clause.
13.10 Extension of period of Parental Leave -
13.10.1 An employee may extend the period of parental leave once only, by giving the Commissioner notice in writing of the extended period at least fourteen days before the start of the extended period. The period of leave cannot be extended by such a notice beyond the maximum period of leave authorised by this clause.
13.10.2 An employee may extend the period of Parental Leave at any time with the agreement of the Commissioner. The period of leave can be extended by such an agreement beyond the maximum period of leave authorised by this clause.
13.10.3 This subclause applies to an extension of leave whilst the employee is on leave or before the employee commences leave.
13.11 Shortening of period of Parental Leave - An employee may shorten the period of Parental Leave with the agreement of the Commissioner and by giving the Commissioner notice in writing of the shortened period at least fourteen days before the leave is to come to an end.
13.12 Return to work after Parental Leave -
13.12.1 An employee returning to work after a period of Parental Leave is entitled to be employed in:
13.12.1.1 The classification (if possible, at the same location) held by the employee immediately before proceeding on that leave.
13.12.1.2 If the employee was transferred to a safe job before proceeding on Maternity Leave - the classification (if possible, at the same location) held immediately before the transfer.
13.12.2 If the classification no longer exists but there are other classifications available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a classification as comparable as possible in status and pay to that of the employee's former classification.
13.12.3 The provisions of subclause 13.12 extend to a female employee returning to work after a period of Special Maternity Leave and Sick Leave.
13.13 Payment -
13.12.1 Payment for the nine weeks paid Maternity Leave may be made:
13.13.1.1 In advance in a lump sum.
13.13.1.2 On a normal monthly basis.
13.13.1.3 Payment for such period of leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).
13.13.2 Payment to eligible employees for the three weeks paid Adoption Leave may be made:
13.13.2.1 In advance in a lump sum.
13.13.2.2 On a normal monthly basis.
13.13.2.3 Payment for such period of leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced. For the purposes of this subclause "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).
13.14 Commissioner's Obligations -
13.14.1 Information to Employees - On becoming aware that an employee (or an employee's spouse) is pregnant, or that an employee is adopting a child, the Commissioner must inform the employee of:
13.14.1.1 The employee's entitlements to Parental Leave under this clause.
13.14.1.2 The employee's obligations to notify the Commissioner of any matter under this clause.
13.14.2 Records - The Commissioner must keep for at least six years, a record of Parental Leave granted under this clause to employees and all notices and documents given under this clause by employees or the Commissioner.
13.15 Termination of Employment because of Pregnancy etc -
13.15.1 The Commissioner must not terminate the employment of an employee because:
13.15.1.1 The employee is pregnant or has applied to adopt a child.
13.15.1.2 The employee has given birth to a child or has adopted a child.
13.15.1.3 The employee has applied for, or is absent on Parental Leave, but otherwise the rights of the Commissioner in relation to termination of employment are not affected by this clause.
13.15.2 For the purposes of establishing such a termination of employment, it is sufficient if it is established that the alleged reason for termination was a substantial and operative reason for termination.
13.15.3 This clause does not affect any other rights of a dismissed employee.
13.16 Replacement Employees -
13.16.1 A replacement employee is a person who is specifically employed as a result of an employee proceeding on Parental Leave (including as a replacement for an employee who has been temporarily promoted or transferred in order to replace the employee proceeding on parental leave).
13.16.2 Before a replacement employee is employed, the Commissioner must inform the person of the temporary nature of the employment and of the rights of the employee on Parental Leave to return to work.
13.16.3 A reference in this clause to an employee proceeding on leave includes a reference to a pregnant employee exercising a right to be transferred to a safe job.
13.17 Transfer to a Safe Job -
13.17.1 This subclause applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or new born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the employee and of the obligations of the Commissioner under the Occupational Health and Safety Act 1983.
13.17.2 The Commissioner is to temporarily adjust the employee's working conditions or hours of work to avoid exposure to risk as follows:
13.17.2.1 Where a female employee is confirmed pregnant she is to notify the Regional Commander or Officer-in-Charge as soon as possible who will, in turn, direct that she be withdrawn from operational firefighting duties.
13.17.2.2
13.17.2.2.1 The standard issue uniform is to be worn by members until the pregnancy becomes apparent prior to the birth and from the tenth week, if practicable, following the birth.
13.17.2.2.2 Employees will be provided with a maternity uniform for use when appropriate.
13.17.2.3 An employee on maternity leave who gives birth to a living child shall not resume operational firefighting duties until thirteen weeks have elapsed after the birth of the child, unless a special request for early return is made by the employee supported by a medical certificate from a qualified medical practitioner, subsequently endorsed by the Department's Occupational Health Physician.
13.17.2.4 Duties other than fire fighting may be undertaken after six weeks following the birth of the child, if endorsed by the Occupational Health Physician.
13.17.2.5
13.17.2.5.1 Upon withdrawal from operational firefighting duties alternate work of a suitable nature is to be provided.
13.17.2.5.2 Allocation of duties will be determined by the Department following consultation between the Department's Occupational Health Physician, the employee's Officer-in-Charge and the employee.
13.17.3 If such an adjustment is not feasible or cannot reasonably be required to be made, the Commissioner is to transfer the employee to other work where she will not be exposed to that risk.
13.17.4 If such a transfer is not feasible or cannot reasonably be required to be made, the Commissioner is to grant the employee Maternity Leave under this clause (or any available paid Sick Leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.
13.18 Special Maternity Leave and Sick Leave - If the pregnancy of an employee not then on maternity leave terminates before the expected date of birth (other than by the birth of a living child) or she suffers illness related to her pregnancy:
13.18.1 The employee is entitled to such period of unpaid leave (to be known as special Maternity Leave) as a medical practitioner certifies to be necessary before her return to work.
13.18.2 The employee is entitled to such paid sick leave (either instead of or in addition to special Maternity Leave) as she is then entitled to and as a medical practitioner certifies to be necessary before her return to work.
13.19 Special Adoption Leave - An employee who is seeking to adopt a child is entitled to up to two days unpaid leave if the employee requires that leave to attend compulsory interviews or examinations as part of the adoption procedure.
14. Personal/Carer's Leave
14.1 Use of Sick Leave -
14.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 14.1.3.2, who needs the employee's care and support shall be entitled to use, in accordance with this clause, any current or accrued Sick Leave entitlement, provided for at clause 15, 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.
14.1.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.
14.1.3 The entitlement to use Sick Leave in accordance with this clause is subject to:
14.1.3.1 The employee being responsible for the care of the person concerned.
14.1.3.2 The person concerned being:
14.1.3.2.1 A spouse of the employee.
14.1.3.2.2 A de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person and 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.
14.1.3.2.3 A child or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee.
14.1.3.2.4 A same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis.
14.1.3.2.5 A relative of the employee who is a member of the same household where, for the purposes of this subclause:
14.1.3.2.5.1 "Relative" means a person related by blood, marriage or affinity.
14.1.3.2.5.2 "Affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other.
14.1.3.2.5.3 "Household" means a family group living in the same domestic dwelling.
14.1.4 An employee shall, wherever practicable, give the Department notice, prior to the absence, of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Department by telephone of such absence at the first opportunity on the day of absence.
14.2 Unpaid Leave for Family Purpose -
14.2.1 An employee may elect, with the consent of the Department, to take unpaid leave for the purpose of providing care and support to a class of person, as set out in subclause 14.1.3.2, who is ill.
14.3 Annual Leave -
14.3.1 An employee may elect, with the consent of the Department, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in any calendar year at a time or times agreed upon by the Department and the employee.
15. Sick Leave
15.1 In every case of illness or incapacity sustained by an employee whilst off duty, the following conditions shall apply.
15.2 Such employee shall, as soon as practicable, inform the Officer-in-Charge of the station to which the employee is attached of such inability to attend, or to be available for duty and as far as possible, shall state the nature of the illness or incapacity and the estimated duration of the same.
15.3 Such employee shall forward to the Officer-in-Charge of the station to which the employee is attached, a medical certificate stating the nature of the illness or incapacity. Before being entitled to resume duty, the employee must furnish a further medical certificate to the effect that the employee has recovered from the illness or incapacity and is fit for duty, unless a person authorised by the Commissioner dispenses with this requirement.
15.4 If so required, such employee shall submit to an examination by, or arranged by, the Department's medical officer.
15.5 The granting of Sick Leave, the duration thereof and the pay, if any, for the same shall be on the following basis:
15.5.1 One week paid sick leave for each year of service, cumulative, less any paid Sick Leave taken, to a maximum of twenty six weeks.
15.5.2 Sick Leave beyond that provided for in subclause 15.5.1 shall be Sick Leave without pay.
15.5.3 Payment for Sick Leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).
15.6 Where payment has been made for sick leave, under this clause, to an employee whose sick leave entitlement has already been exhausted, or whose right to sick leave is not established, the Department may deduct the amount overpaid from any future payments made to the employee concerned in accordance with the provisions of subclause 6.9.
16. Special Leave for Union Activities
16.1 Attendance at Union Conferences/Meetings -
16.1.1 Employees who are members of the Union and accredited by the Union as a delegate are entitled to special leave with pay to attend the following:
16.1.1.1 Annual or bi-annual conferences of the Union.
16.1.1.2 Meetings of the Union's Executive/Committee of Management.
16.1.1.3 Annual conference of the Labor Council of NSW.
16.1.1.4 Bi-annual conference of the Australian Council of Trade Unions.
16.1.2 While there is no limit on special leave for Union activities, such leave is to be kept to a minimum and is subject to the employee:
16.1.2.1 Establishing accreditation as a delegate with the Union.
16.1.2.2 Providing sufficient notice of absence to the Department.
16.1.2.3 Lodging a formal application for special leave.
16.1.3 Such leave is also subject to the Union:
16.1.3.1 Providing documentary evidence to the Department about an accredited delegate in sufficient time to enable the Department to make arrangements for performance of duties.
16.1.3.2 Meeting all travelling, accommodation and any other costs incurred for the accredited delegate.
16.1.3.3 Providing the Department with confirmation of attendance of the accredited delegate.
16.1.4 Providing the provisions of this clause are satisfied by both the employee and the Union, the Department shall:
16.1.4.1 Release the accredited delegate for the duration of the conference or meeting.
16.1.4.2 Grant special leave (with pay).
16.1.4.3 Ensure that the duties of the absent delegate are performed in his/her absence, if appropriate.
16.1.5 Period of Notice -
16.1.5.1 Generally, dates of conferences or meetings are known well in advance and it is expected that the Department would be notified as soon as accreditation has been given to a delegate, or at least two weeks before the date of attendance.
16.1.5.2 Where extraordinary meetings are called at short notice, a shorter period of notice would be acceptable, provided such notice is given to the Department as soon as advice of the meeting is received by the accredited delegate.
16.1.6 Travel Time -
16.1.6.1 Where a delegate has to travel to Sydney, inter or intra State, to attend a conference or meeting, special leave will also apply to reasonable travelling time to and from the venue of the conference or meeting.
16.1.7 Payment -
16.1.7.1 An employee entitled to Special Leave in terms of this clause shall, for the period of such Special Leave, be deemed to have attended any incident, drill or other authorised duties which occurred at the employee’s Brigade during such leave, and be paid accordingly.
16.1.8 Special Leave in terms of this clause shall count as service for all purposes.
16.1.9 Availability of Special Leave -
16.1.9.1 Special Leave shall not be available to employees whilst they are on any period of other leave.
16.2 Attendance at Courses/Seminars Conducted or Supported by Trade Union Training Authority (T.U.T.A.).
16.2.1 Except where inconsistent with the provisions of subclause 16.2, the provisions of subclause 16.1 of this clause shall also apply to attendance at courses or seminars conducted or supported by T.U.T.A.
16.2.2 Up to a maximum of twelve days in any period of two years may be granted to employees who are members of the Union.
16.2.3 The grant of leave to attend courses or seminars conducted or supported by T.U.T.A., is subject to the following conditions:
16.2.3.1 Departmental operating requirements permit the grant of leave and the absence does not result in working of overtime by other employees.
16.2.3.2 Expenses associated with attendance at such courses or seminars, eg. fares, accommodation, meal costs, etc., will be required to be met by the employee concerned but, subject to the maximum prescribed in subclause 16.2.2., special leave may include travelling time necessarily required to attend courses or seminars.
16.2.3.3 Applications for leave must be accompanied by a statement from the Union that it has nominated the employee concerned for such a course or seminar and supports the application.
17. Court Attendance Entitlements
17.1 The provisions of this clause shall apply to employees attending Court (which term shall include any related conferences) as a:
17.1.1 Result of the duties performed by the employee in the employee's position with the Department, including attendance at an incident.
17.1.2 Witness for the Crown but not as a result of the duties performed by the employee in the employee's position with the Department.
17.1.3 Witness in a private capacity.
17.2 Attendance at Court as a result of the duties performed by an employee in the employee's position with the Department, including attendance at an incident.
17.2.1 Such attendance shall be regarded as attendance in an official capacity and uniform must be worn.
17.2.2 Other than monies paid as reimbursement for loss of income as an employee of the Department, employees may retain all monies paid in connection with their attendance as a witness.
17.2.3 In addition to any monies to which an employee may be entitled pursuant to subclause 17.2.2, employees shall be paid at the rate applicable to the employee’s classification, from the time the employee is required to attend Court to the time on that day that the employee is no longer required by the Court.
17.2.4 Travelling time and travel expenses in excess of any compensation therefor paid by the Court or other party shall be compensated in accordance with clause 19, Travelling Compensation.
17.2.5 Where the employee is recalled to duty to attend Court while on Annual or Long Service Leave, such employee shall be recredited with a full days leave, for each day or part thereof.
17.2.6 Where an employee is subpoenaed to attend Court while on Sick Leave it is the responsibility of the employee to ensure that the circumstances are communicated to the Court. If the employee is still required to and does attend Court, the sick leave debited for that period shall be recredited and the entitlements provided for in subclauses 17.2.2, 17.2.3 and 17.2.4 shall apply.
17.3 Where an Employee Attends Court -
17.3.1 As a Witness for the Crown but not as a result of the duties performed by the employee in the employee's position with the Department; or as a witness in a Private Capacity, (ie, not subpoenaed by the Crown):
17.3.1.1 The employee shall only be entitled to Special Leave Without Pay from the Department to attend Court.
17.3.1.2 Any claim for reimbursement of expenses, compensation for travelling time, lost income etc. is to be made by the employee to the Court and/or the party issuing the subpoena. The employee may retain all monies paid as a consequence of such claims.
18. Training Course Attendance Entitlements
18.1 The provisions of this clause shall apply to attendance at training programs (other than regular drills) delivered by, on behalf of, or approved by the Department.
18.2 Accommodation -
18.2.1 The Commissioner (or delegate) shall approve appropriate accommodation for an employee, if it can be demonstrated that an unreasonable amount of travelling time and/or distance is involved when travelling to and from the employee's residence to the training venue.
18.2.2 Where Departmental accommodation is not provided to an employee with an entitlement to accommodation, the relevant accommodation provisions prescribed by clause 19, Travelling Compensation, shall be paid.
18.2.3 Where it is not possible for an employee to travel to the training venue on the first day of the course or where the travelling time would be unreasonable to travel on the first day of the course, the employee shall be entitled to appropriate accommodation on the evening prior to the start of the course. If it is not possible for an employee to travel from the training venue to his or her residence at the conclusion of the course or if the travelling time would be unreasonable, the employee shall be entitled to appropriate accommodation on the evening of the last day of the course. Approval must be obtained from the Commissioner (or delegate) prior to bookings being made.
18.2.4 Notwithstanding the provisions of this subclause, any employee who considers that these criteria would cause undue hardship etc. may make application for special consideration. All such applications will be considered on their individual merits according to the program content and the starting and completion times, on a daily basis.
18.3 Meals -
18.3.1 All employees attending training programs which extend for a whole day shall be provided with morning/afternoon tea and lunch.
18.3.2 Where employees have been granted approval for overnight accommodation and when such accommodation is provided by the Department, expenses reasonably and properly incurred shall be reimbursed in accordance with clause 19, Travelling Compensation.
18.3.3 Employees who are not required to accommodate themselves overnight shall, where appropriate, be paid the relevant meal allowances prescribed by clause 19, Travelling Compensation.
18.3.4 Meal allowances are not payable during times at which an accommodation allowance (as prescribed in subclause 18.2.2) has been paid. A component of the accommodation allowance compensates for the costs associated with breakfast, lunch and evening meals.
18.4 Incidentals -
18.4.1 Employees who are provided with Departmental accommodation shall be entitled to claim the appropriate incidental allowance as prescribed by clause 19, Travelling Compensation.
18.4.2 The incidental allowance cannot be claimed for any day during which an accommodation allowance referred to in subclause 18.2.2, is paid. The incidental allowance forms a component of the accommodation allowance and amongst other things, recognises the cost associated with personal telephone calls, etc.
18.5 Travelling Time -
18.5.1 Compensation shall be in accordance with Clause 19, Travelling Compensation.
19. Travelling Compensation
19.1 Travelling Time - When an employee is required to travel for purposes other than attending regular drills or incidents, the employee may apply for payment, at the rate applicable to the employees’ classification, for time spent travelling subject to the following:
19.1.1 Where the employee has travelled overnight but has been provided with sleeping facilities, the travelling time shall not include travel between 2300 hours on one day and 0730 hours on the next day.
19.1.2 Travelling time does not include time spent taking a meal when the employee stops a journey to take the meal.
19.1.3 Travelling time shall be calculated by reference to the use of the most practical and economic means of transport.
19.1.4 Payment will not be made or allowed for more than eight hours in any period of twenty-four hours.
19.1.5 Where an employee is in receipt of the kilometre allowance prescribed at Entitlement Code "K" of Table 1 of Part B, such employee shall not be entitled to claim compensation for travelling time.
19.2 Meal Allowances - When an employee is required to perform official duty at a temporary work location, other than attendance at incidents or regular drills, and is not required to reside away from home (a one day journey), the employee shall be eligible to be paid the following meal allowances, subject to the following conditions:
19.2.1 For breakfast when required to commence travel at/or before 0600 hours, the amount set at Item 1 of Table 2 of Part B.
19.2.2 For lunch when, by reason of the journey, an employee is unable to take lunch at the place or in the manner in which the employee ordinarily takes lunch and is put to additional expense, the amount set at Item 2 of Table 2 of Part B, or an amount equivalent to the additional expense, whichever is the lesser.
19.2.3 For an evening meal when required to work or travel until or beyond 1830 hours, an amount set at Item 3 of Table 2 of Part B.
19.2.4 Meal Allowances shall not be paid where the employee is provided with an adequate meal.
19.3 Accommodation Allowances - When an employee is required to perform official duty at a temporary work location, other than attendance at incidents or regular drills, which requires the employee to reside away from home and the employee is not provided with accommodation by the Government, the employee shall be eligible to be paid the following accommodation (sustenance) allowances subject to the conditions set out below:
19.3.1 For the first thirty five calendar days, the appropriate amounts set at Item 4 of Table 2 of Part B.
19.3.2 The actual necessary expenses for meals and accommodation (actuals), together with incidental expenses as appropriate, set at Item 5 of Table 2 of Part B. The necessary expenses do not include morning and afternoon tea.
19.3.3 After the first thirty five calendar days and for up to six months an employee shall be paid an allowance at the rate set at Item 6 of Table 2 of Part B provided the allowance paid to an employee, temporarily located in Broken Hill shall be increased by 20%. The allowance is not payable in respect of:
19.3.3.1 Any period during which the employee returns home on weekends or public holidays, commencing with the time of arrival at the residence and ending at the time of departure from the residence.
19.3.3.2 Any other period during which the employee is absent from the temporary work location (including leave) otherwise than on official duty, unless approved by the Commissioner.
19.3.4 The capital city rate shall apply to Sydney in respect of the Sydney telephone district only as defined by Telstra Corporation Ltd.
19.3.5
19.3.5.1 Where an employee proceeds directly to a temporary work location in a Capital city and returns direct, the Capital city rate applies to the whole absence.
19.3.5.2 Where an employee breaks the journey, other than for a meal, in a centre that is not a Capital city, the Capital city rate applies only in respect of the time spent in the Capital city, the elsewhere rate applies to the remainder of the absence.
19.4 Incidental Expenses Allowances - Government Provided Accommodation - When an employee is required to perform official duty at a temporary work location which requires that the employee reside away from home and is provided with accommodation by the Government, the employee shall be eligible to be reimbursed expenses properly and reasonably incurred during the time actually spent away from the employee's residence in order to perform that duty and in addition be paid an allowance at the rate set at Item 5 of Table 2, of Part B as appropriate. Such expenses are limited to costs in relation to food, laundry and accommodation that exceed what would normally have been incurred at home. Any meal taken at a Government establishment is to be paid for and appropriate reimbursement sought.
19.5 Additional Provisions
19.5.1 Unless specifically provided for in Clause 18, Training Course Attendance Entitlements or Clause 17, Court Attendance Entitlements, the provisions of this clause shall not apply in the circumstances provided for by those clauses.
19.5.2 When an employee is required to travel to a temporary work location or to attend a training course or conference on what would normally be regarded as a one day journey and the total time of absence will exceed 13 hours, the employee may be directed or may request that the employee reside temporarily at a place other than the employee's residence. In such cases, employees shall be entitled to the accommodation allowances or reimbursement of expenses, as appropriate.
19.5.3 The claim for an accommodation allowance or reimbursement of expenses shall be for the whole of the period of absence and cannot be dissected into part of the time of the absence by way of allowance and part of the absence being compensated by reimbursement.
19.5.4 When an employee in receipt of an accommodation allowance is granted special leave to return home from a temporary work location, the employee shall be reimbursed for the cost of the return rail fare or, if a first class rail service is reasonably available, the cost of a first class return rail fare. No taxi fares or other incidental expenses are payable.
19.5.5 Employees shall be entitled, subject to Departmental approval, to use either their private vehicle or public transport on the following basis:
19.5.5.1 Reimbursement is not to be paid for a journey if an official motor vehicle is used for the journey.
19.5.5.2 Where employees are granted approval to use their private vehicles, such employees shall receive the kilometre rate, set at Entitlement Code "K" of Table 1 of Part B, for the actual distance necessarily and reasonably travelled. Employees in receipt of the rate set at Entitlement Code "K" of Table 1 of Part B, shall not be entitled to the provisions of subclause 19.1, Travelling Time.
19.5.5.3 Employees who are required to utilise public transport shall be reimbursed the necessary costs incurred.
19.5.5.4 The Commissioner is to consider the convenience of the employee when an employee is required to travel to a temporary work location.
19.5.5.5 Unless special circumstances exist, the employee's work, the mode of transport used and the employee's travel itineraries are to be organised and approved in advance so that compensation for travel time and payment of allowances is reasonably minimised.
19.5.6 Where a meal allowance or an accommodation allowance is insufficient to adequately reimburse the employee for expenses properly and reasonably incurred, a further amount may be paid so as to reimburse the employee for the additional expenses incurred, subject to the following:
19.5.6.1 The Commissioner may require the production of receipts or other proof that expenditure was incurred.
19.5.6.2 If any expense in respect of which an allowance is payable was not properly and reasonably incurred by the employee in the performance of official duties, payment of the allowance may be refused or the amount of the allowance may be reduced.
19.5.6.3 If any purported expense was not incurred by the employee, payment of the allowance may be refused or the amount of the allowance may be reduced.
19.6 Claims - Claims should be submitted promptly, ie., within one month from the completion of the work or within such time as the Commissioner determines.
19.6.1 The Commissioner may approve applications for advance payments of travelling and sustenance allowances. Such applications should detail the appropriate expenditure anticipated and be in accordance with In Orders 1982/34.
19.6.2 In assessing claims for travelling time and payment of allowances, reference should be made to the time that might reasonably have been taken by the particular mode of transport used. Provided that where an employee can demonstrate that the use of the means of transport proposed by the Department is unreasonable in the circumstances, the employee may apply to the Commissioner for a review of the Department's decision. Where an employee does not wish to use the means of transport proposed by the Department, eg. air travel as against train or car travel, travelling time and allowances should be assessed on the basis that the most practical and economical means of transport is used.
19.6.3 Where an allowance is payable at a daily rate and a claim is made for a portion of the day, the amount to be paid is to be calculated to the nearest half hour.
19.7 The amounts set at Items 1 to 6 in Table 2 of Part B, shall be adjusted in line with the allowances prescribed in the Crown Employees (Public Service Conditions of Employment 1997) Award, in the same amounts and from the same dates.
20. Transfers
20.1 Subject to satisfactory attendance and service and the employee meeting Departmental residential guidelines, an employee may apply for a transfer from one Volunteer Brigade to another Volunteer Brigade.
20.2 In the event that the station to which the transfer is sought does not have a vacancy, the Department may appoint such employee as a supernumerary. Where an employee is not appointed as a supernumerary, such employee shall be placed on an eligibility list for appointment at the station when a vacancy arises.
20.3 Where a transfer does not result in a break in service, the employee's service shall be regarded as continuous.
20.4 Any employee transferred from one Volunteer Brigade to another Volunteer Brigade shall not be entitled to compensation or reimbursement of expenses in relation to that transfer.
21. Procedures Regarding Reports and Charges
21.1 When an employee is summoned to appear before the employee's Senior Officer or before the Department on a charge, appeal or formal inquiry, the employee shall be given particulars in writing of the charge or allegation, if any, against the employee, at least 48 hours before the hearing of the charge or appeal or the opening of the said inquiry. The employee shall be allowed access personally or by a representative duly authorised in writing by the employee, to all or any of the official papers, correspondence or reports of the Department relating to the charge, appeal, or subject of the said inquiry.
21.2 The employee also shall be allowed to give and to call evidence on the employee's own behalf and to hear all evidence given.
21.3 If an employee so requests, the employee may be represented by an officer of the Union before the employee's Senior Officer or the Department on all such occasions.
21.4
21.4.1 No report about an employee shall be placed on the records or papers relating to that employee unless the employee concerned has been shown the said report.
21.4.2 If the employee disagrees with the report, the employee shall be entitled to make such a notation on the report.
21.4.3 Evidence that the employee has been shown the report will be by either the employee's signature thereon, or in accordance with subclause 21.4.4.
21.4.4 Where an employee refuses to sign the report, such refusal shall immediately be noted upon the report by the Senior Officer handling the report. In such cases, the Senior Officer will advise the employee that the refusal to sign will be noted on the report and that the report, together with such notation, will be placed on the records or papers relating to that employee.
21.4.5 Further to subclause 21.4.4, in such circumstances, the Department will notify the Union in writing, within seven days of such refusal and the Union shall be given an opportunity of replying to the report.
21.4.6 If the employee so desires, any written response from either the employee or the Union shall also be placed amongst the records or papers relating to the employee or noted thereon.
21.5 Where the Department has for its own purposes, arranged for a transcript to be taken of proceedings on a charge, appeal or formal inquiry, a copy of such transcript shall be supplied free of cost to the employee concerned if, during the hearing or at the termination of the proceedings, a request therefor, in writing, is made by the employee.
21.6 After the Senior Officer has announced the recommendation or when the Department has made its decision as the result of a charge or an appeal, the employee concerned shall be informed thereof, in writing, within seven days after such announcement or decision has been made or has been given, as the case may be.
21.7 For the purposes of this clause "Senior Officer" means the employees' Senior Officer or an Officer of a higher rank.
22. Acknowledgment of Applications and Reports
22.1 When an employee makes an application or a report in writing to the proper officer, the employee shall be sent an acknowledgment of its receipt, noting the matter contained therein.
22.2 The result of an application shall be communicated to the employee no later than fourteen days after a decision has been reached. In cases where no decision has been reached within one month, the reason for the delay shall be communicated in writing to the employee.
22.3 The provisions of this clause shall not apply in cases where other procedures are specifically stipulated (eg. in Standing Orders or In Orders).
23. Training and Staff Development
23.1 The parties confirm their commitment to training and staff development for employees of the Department.
23.2 Employees covered by this Award shall be required to complete appropriate training to improve the productivity and efficiency of the Department's operations.
23.3 Employees shall be required to complete training in accordance with competency requirements as determined by the Commissioner.
23.4 An employee may be directed to carry out any duties appropriate to the employee's classification that are within the employee's level of skill, competence and training, provided that such direction does not promote deskilling.
Training Review Committee (TRC)
23.5 The TRC shall develop and implement an effective and equitable system of training in the NSW Fire Brigades using the principles of Competency Based Training.
23.6 The structure of the TRC will consist of 3 representatives of the Department and 3 representatives of the Union.
23.7 The Chairperson of the Committee will alternate every 12 months between a nominee of the Department and the Union.
23.8 The role of the TRC will include (but not be limited to):
23.8.1 the further development of training throughout the NSW Fire Brigades;
23.8.2 overseeing the implementation of an agreed Competency Based Training regime throughout the NSW Fire Brigades;
23.8.3 acting as a reference point for all disputes relating to training in the NSW Fire Brigades; and
23.8.4 considering Recognised Prior Learning (RPL) policy generally and in particular, it will consider individual applications for RPL.
23.9 Procedure -
23.9.1 The TRC will meet at least once every four weeks.
23.9.2 Members of the TRC shall be released from day to day operations, except in the event of an incident or other emergency circumstances, for the purposes of fulfilling the above roles.
23.9.3 The TRC will be adequately resourced by the Department so that it can effectively fulfil the above roles.
24. Protective Clothing and Uniforms
24.1 The Department shall supply to all employees two sets of appropriate protective clothing for operational duties which shall meet relevant National and/or International Standards, or as otherwise agreed to with the Union.
24.2 Employees supplied with the above clothing shall wear it in accordance with Departmental instructions.
24.3 The provision of wet weather gear shall be in accordance with existing practice.
24.4 Where any uniform or wearing apparel is supplied by the Department and is required to be worn by its employees, and such uniform or wearing apparel becomes soiled or damaged in the execution of duty as to require dry cleaning or repairs, such dry cleaning or repairs shall be done at the expense of the Department.
24.5 When an employee retires, resigns or is terminated, the protective clothing issued to that employee shall be returned to the station to which the employee was attached. As much of that returned protective clothing shall be retained at the station as is necessary to maintain a reasonable supply of spare protective clothing.
25. Disputes Avoidance Procedures
25.1 Subject to the provisions of the Industrial Relations Act 1996, and to enable claims, issues and disputes to be resolved while work proceeds normally, the following procedures are to apply:
25.1.1 Employee(s) and/or Union representatives will place the matter before the immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.
25.1.2 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the next highest Officer-in-Charge of the relevant zone or region. That officer will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.
25.1.3 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Director Human Resources. The Director Human Resources will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible and will at least provide a progress report before the close of ordinary business on the next working day.
25.1.4 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Commissioner. The claim, issue or dispute and all relevant circumstances relating to it will be fully reviewed by the Commissioner and the Union and all reasonable steps shall be taken in an attempt to resolve the matter.
25.1.5 No action is to be taken by the Union which would affect the Department’s operations while a dispute is under investigation.
25.1.6 Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial tribunal.
26. Attendance Requirements at Incidents and Drills
26.1 For the purposes of section 85 of the Fire Brigades (General) Regulation 1997, the following attendance guidelines shall apply to employees covered by this Award:
26.1.1 Attendance at Incidents -
26.1.1.1 Employees who, by virtue of their primary form of employment, are dayworkers are required to attend a minimum of 50% of all night and weekend calls received by the employee’s brigade in any six month period.
26.1.1.2 Employees who, by virtue of their primary form of employment, are shiftworkers are required to attend a minimum of 33% of all calls received by the employee’s brigade in any six month period.
26.1.2 Attendance at Drills - Employees are required to attend a minimum of 75% of all regular drills conducted at their brigade in any six month period.
26.2 Any period of approved leave or authorised absence shall be excluded when determining an employee’s levels of attendance.
26.3 In cases where an employee’s attendance falls below the requirements prescribed by subclause 26.1, the following procedures are to apply:
26.3.1 The Officer in Charge of the station to which the employee is attached, shall discuss the matter with the employee concerned. The employee may be informed that his/her attendance will be monitored over the next 3 months.
26.3.2 If the employee's attendance does not meet the required levels for the 3 month period outlined in 26.3.1, the employee's Regional Commander shall notify the employee in writing of such deficiency. The employee shall be given a further 3 month period to improve his/her attendance levels, before any further action may be taken.
26.4 Employees who have been notified in terms of 26.3.1 and/or 26.3.2 may make application to the Commissioner for special consideration.
26.5 The attendance requirements referred to in subclause 26.1 may be altered by agreement between the Department and the Union.
26.6 "Day worker" means for the purposes of this clause, a worker who consistently works his/her ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and before 10:00 am.
26.7 "Shift worker" means for the purposes of this clause, a worker who is not a day worker as defined in subclause 26.6.
27. Attendance at Major Emergencies
27.1 The provisions of this clause shall apply to those employees who attend a Major Emergency which has, following agreement between the Union and the Department, been deemed to attract such entitlements.
27.2 Travel Entitlements -
27.2.1 Employees who are required to collect their firefighting uniform from the station shall be paid in accordance with subclause 9.1.1.1.
27.2.2 Employees who are required to use their private vehicle to attend the incident or a "pick up point" that is not at their station, shall be paid at the rate prescribed at Entitlement Code "K" of Table 1 of Part B, for the return distance from the station to the incident or pick up point.
27.2.3 Employees who are provided with transport for any part of the forward and return journeys between their residence and the incident shall be entitled to be paid travelling time at the appropriate rate of pay for the employee’s classification for the time spent travelling, provided that:
27.2.3.1 Travelling Time shall not be paid for any part of a journey where the employee received payment under subclauses 27.2.1 or 27.2.2 of this Award; and
27.2.3.2 Travelling Time for the forward journey shall be calculated as being the total time between departure from the station or pick up point to arrival at the incident; and
27.2.3.3 Travelling Time for the return journey shall be calculated as being the total time between departure from the incident to arrival at the pick up point or station.
27.3 Accommodation Entitlements -
27.3.1 Employees who reside further than 50 kilometres from the scene of the major emergency shall be entitled to be provided with appropriate accommodation where their attendance at the emergency extends beyond a single day or in such cases where it would be unreasonable to travel at the conclusion of duty.
27.3.2 Notwithstanding the provisions of subclause 27.3.1, the Commissioner may grant approval to provide appropriate accommodation to employees who reside within 50 kilometres of the scene of a major emergency.
27.3.3 Employees who are provided with accommodation shall be entitled to claim the incidental allowance prescribed at Item 5 of Table 2 of Part B, for each day of attendance.
27.3.4 Employees who have an entitlement to accommodation but are not provided with appropriate accommodation shall be entitled to claim an accommodation allowance in accordance with subclause 19.3.
27.4 Meals -
27.4.1 Employees shall be provided with substantial meals for breakfast, lunch and dinner throughout the period of attendance at a major emergency.
27.4.2 Where meals are not provided to employees in accordance with subclause 27.4.1, an allowance set at Entitlement Code "M" of Table 1 of Part B shall be paid.
27.4.3 Where employees are required to work between the meals provided for in subclause 27.4.1, such employees shall be entitled to the refreshments and meals prescribed by subclause 8.1.
27.5 Payment for time spent in Attendance -
27.5.1 Where an employee’s period of attendance at a major emergency is less than 48 hours, such employee shall be paid at the appropriate rate of pay for the employee’s classification for the entire period of attendance.
27.5.2 Where an employee’s period of attendance at a major emergency is greater than 48 hours, such employee shall be paid at the appropriate rate of pay for the employee’s classification for the following periods:
27.5.2.1 on the day of departure from the employees’ residence, the period from the time of departure to 2400 Hrs; and
27.5.2.2 on the day of arrival at the employees’ residence following attendance at the major emergency, the period from 0000 Hrs to the time of arrival; and
27.5.2.3 for the period between the day of departure to and the day of return from attendance at a major emergency, all time less any periods of down time, provided that employees will receive payment of a minimum of 16 hours per day.
27.5.3 For the purposes of this subclause the "period of attendance at a major emergency" shall mean the entire period from the time of departure from the employee’s residence until the time of return to the employee’s residence following attendance at the emergency.
27.5.4 For the purposes of this subclause "periods of down time" shall mean periods of not less than 8 consecutive hours where employees are neither performing operational duties nor on stand by to perform such duties.
28. Drug and Alcohol Protocol
28.1 The joint Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed by the Department and the Union on 18 March 1998, shall apply to all employees covered by this Award.
28.2 Any changes to the Protocol shall only be by agreement between the Department and the Union.
29. Salary Sacrifice to Superannuation
29.1 For the purposes of this Clause, "salary" means the retainer prescribed for the employee’s classification by Clause 6, Rates of Pay and Allowances.
29.2 Notwithstanding the salaries prescribed by clause 6, an employee may elect, subject to the agreement of the Department, to sacrifice a portion of the salary payable under clause 6 to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed must not exceed 30)per cent of the salary payable under clause 6 or 30 per cent of the currently applicable superannuable salary, whichever is the lesser. In this Clause, "superannuable salary" means the employee’s salary as notified from time to time to the NSW Public Sector Superannuation Trustee Corporations.
29.3 Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:
29.3.1 subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE (i.e., "Pay As You Earn") taxation deductions by the amount of that sacrificed portion; and
29.3.2 any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under clause 6, in the absence of any salary sacrifice to superannuation made under this Award.
29.4 The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:
29.4.1 paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or
29.4.2 subject to the Department’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.
29.5 Where an employee elects to salary sacrifice in terms of subclause 29.4 above, the Department will pay the sacrificed amount into the relevant superannuation fund.
29.6 Where the employee is a member of a superannuation scheme established under:
(a) the Police Regulation (Superannuation) Act 1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act 1987;
(d) the State Authorities Non-contributory Superannuation Act 1987; or
(e) the First State Superannuation Act 1992
the employee’s Department must ensure that the amount of any additional employer superannuation contributions specified in subclause 29.2 above is included in the employee’s superannuable salary which is notified to the NSW Public Sector Superannuation Trustee Corporations.
29.7 Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with the Department to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause 29.6 above, the Department will continue to base contributions to that fund on the salary payable under clause 6 to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This Clause applies even though the superannuation contributions made by the Department may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.
30. Bereavement Leave
30.1 An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause 30.3 of this clause.
30.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
30.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph 14.1.3.2 of clause 14, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
30.4 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.
30.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 14.2 and 14.3 of clause 14. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the Department.
31. Anti-Discrimination
31.1 It is the intention of the parties bound by this Award to seek to achieve the object in 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.
31.2 It follows that in fulfilling their obligations under the Disputes Avoidance Procedures prescribed by Clause 25, 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.
31.3 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.
31.4 Nothing in this Clause is taken to affect:
31.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
31.4.2 offering or providing junior rates of pay to persons under 21 years of age;
31.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
31.4.4 a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
31.5 This Clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this Clause.
32. Area, Incidence and Duration
32.1 This Award rescinds and replaces the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2000 published 9 March 2001 (322 I.G. 981), as varied.
32.2 This Award shall take effect on and from 1 October 2001 and shall remain in force until 31 March 2004.
PART B
MONETARY RATES
Table 1 - Payment Entitlement Codes
|Clause |Description |Code |On & |On & |On & |On & |On & |
| | | |From 1 |From 8 |From 1 |From 24 |From 1 |
| | | |October |August |October |February |April |
| | | |2001 |2002 |2002 |2003 |2003 |
|6.3 |Monthly Retainer |A |$161.00 |$161.00 |$167.40 |$167.40 |$175.80 |
| |Captain A | | | | | | |
|6.3 |Monthly Retainer |B |$145.20 |$145.20 |$151.00 |$151.00 |$158.60 |
| |Captain B | | | | | | |
| |Deputy Captain A | | | | | | |
|6.3 |Monthly Retainer |C |$109.00 |$109.00 |$113.40 |$113.40 |$119.10 |
| |Deputy Captain B | | | | | | |
|6.3 |Monthly Retainer |D |$82.80 |$82.80 |$86.10 |$86.10 |$90.40 |
| |Firefighter A | | | | | | |
|6.3 |Monthly Retainer |E |$62.10 |$62.10 |$64.60 |$64.60 |$67.80 |
| |Firefighter B | | | | | | |
|6.3 |Monthly Retainer |F |$41.40 |$41.40 |$43.10 |$43.10 |$45.30 |
| |Firefighter C | | | | | | |
|6.3 |1st Hour |G |$22.02 |$22.02 |$22.90 |$22.90 |$24.05 |
| |Captain | | | | | | |
|6.3 |1st Hour |H |$19.08 |$19.08 |$19.84 |$19.84 |$20.83 |
| |Deputy Capt. | | | | | | |
| |Firefighter | | | | | | |
| |Levels A,B,C | | | | | | |
|6.3 |Each Subsequent |I |$11.01 |$11.01 |$11.45 |$11.45 |$12.03 |
| |half hour or part Captain | | | | | | |
|6.3 |Each Subsequent |J |$9.54 |$9.54 |$9.92 |$9.92 |$10.42 |
| |half hour or part | | | | | | |
| |Deputy Capt. | | | | | | |
| |Firefighter | | | | | | |
| |Levels A,B,C | | | | | | |
|6.4.6, |Kilometre Allowance |K |$0.80 |$0.80 |$0.80 |$0.80 |$0.80 |
|9.1.1, | | | | | | | |
|9.2.1 & | | | | | | | |
|9.2.4 | | | | | | | |
|6.8 |Stand By Rate per hour |L |$42.42 |$44.12 |$44.12 |$46.33 |$46.33 |
|8.2 |Meal Allowance |M |$18.50 |$18.50 |$18.50 |$18.50 |$18.50 |
|8.2 |Refreshment Allowance |N |$9.25 |$9.25 |$9.25 |$9.25 |$9.25 |
Table 2 - Travelling Compensation Allowances
|Item |Clause |Description |Unit |1/10/01 |
|No | | | |Rate |
| | | | |## |^^ |
|1 |19.2.1 |Breakfast |$ per meal |16.65 |14.80 |
| | | | |## |^^ |
|2 |19.2.2 |Lunch |$ per meal |18.55 |16.95 |
| | | | |## |^^ |
|3 |19.2.3 |Dinner |$ per meal |31.95 |29.25 |
|4 |19.3.1 |Accommodation first 35 days (includes all meals) |$ per day | |
| | |- Capital Cities | | |
| | |Sydney | |226.20 |
| | |Adelaide | |187.20 |
| | |Brisbane | |194.20 |
| | |Canberra | |170.20 |
| | |Darwin | |192.20 |
| | |Hobart | |163.20 |
| | |Melbourne | |243.20 |
| | |Perth | |195.20 |
| | | | | |
| | |- High Cost Country Centres | | |
| | |Broken Hill | |159.70 |
| | |Newcastle | |164.70 |
| | |Wollongong | |174.20 |
| | | | | |
| | |- Tier 2 Country Centres | | |
| | |Gosford | |147.05 |
| | |Griffith | |147.05 |
| | |Leeton | |147.05 |
| | |Maitland | |147.05 |
| | |Orange | |147.05 |
| | |Wagga Wagga | |147.05 |
| | |- Other Country Centres | |135.05 |
|5 |19.3.2, |Actual Necessary Expenses |$ per day | |
| |19.4 & |Capital Cities | |13.05 |
| |27.3.3 |High Cost Country Centres | |13.05 |
| | |Tier 2 Country Centres | |13.05 |
| | |Other Country Centres | |13.05 |
|6 |19.3.3 |Accommodation - after first 35 days up to 6 |$ per day |50% of the |
| | |months | |appropriate |
| | | | |location rate |
|Legend: |
| |
|Effective Dates are with effect from the first pay period to commence on or after the date. |
| |
|## = Capital Cities & High Cost Country Centres - includes all Capital Cities and Broken Hill, Newcastle |
|and Wollongong. |
| |
|^^ = Tier 2 Country Centres & Other Country Centres including Bathurst, Gosford, Griffith, Leeton, |
|Maitland, Orange, Wagga Wagga and all other country centres. |
Table 3 - Authorised Duties
|Attendance at: |
|Bushfire Management Committee Meetings |
|Local/District Emergency Management Committee Meetings |
|Local Government Meetings |
|Zone/Regional conferences and information days |
|Other such meetings as authorised by the Dept. |
|Completion of Fire Reports where insufficient time available at the conclusion of calls |
|Testing of Fire Alarms |
|Attendance at station to enable service and maintenance work to be carried out |
|Station maintenance (ie. lawn mowing, cleaning, BA and equipment checks) |
|Performance of Engine Keeper duties |
|Transporting NSWFB equipment in private vehicle |
|Hose Repairs |
|Recharging of BA cylinders |
|Participation in selection committees |
|Attendance at PR activities (ie. open days, fetes, career markets, information displays, etc.) |
|Attendance at Public Education activities (ie. sessions in schools/community groups, smoke alarm |
|campaigns) |
|Participation in joint training sessions/exercises with other emergency services |
|Attendance at training exercises/schools additional to the normal drill program |
|Hydrant Inspections |
|Pre-incident planning exercises |
R. P. BOLAND J.
____________________
Printed by the authority of the Industrial Registrar.
|(1261) |SERIAL C1202 |
COM 10 PTY LTD ENTERPRISE AWARD 1998
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 3952 of 2001)
|Before Commissioner Tabbaa |19 June 2001 |
VARIATION
1. Delete Table 1 - Rates of Pay and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, appearing in the Annexures of the said award published 10 May 2002 (333 I.G. 380), and insert in lieu thereof the following:
Table 1 - Rates of Pay
(a) Adults
|Class |Weekly Rate |SWC 2001 Increase |New Total Weekly Rate |
| |$ |$ |$ |
|C14 |454.10 |13.00 |467.10 |
|C13 |476.80 |13.00 |489.80 |
|C12 |507.00 |15.00 |522.00 |
|C11 |535.20 |15.00 |550.20 |
|C10 |577.90 |15.00 |592.90 |
|C09 |606.10 |17.00 |623.10 |
|C08 |634.20 |17.00 |651.20 |
|C07 |662.40 |17.00 |679.40 |
|C06 |718.70 |17.00 |735.70 |
|C05 |746.40 |17.00 |763.40 |
|C04 |775.00 |17.00 |792.00 |
|C03 |831.30 |17.00 |848.30 |
|C02a |859.40 |17.00 |876.40 |
|C02b |915.80 |17.00 |932.80 |
(b) Apprentices
|(i) Indentured Apprentices - The minimum weekly rates of wages for apprentices shall be as follows: |
| |Rate per Week |SWC 2001 Increase |New Weekly Rate |
| |$ |$ |$ |
|1st Year |177.10 |5.49 |182.59 |
|2nd Year |240.20 |7.45 |247.65 |
|3rd Year |347.00 |10.76 |357.76 |
|4th Year |398.35 |12.35 |410.75 |
|(ii) Trainee Apprentices - The minimum weekly rates of wages for trainee apprentices shall be as follows: |
|1st Year |203.90 |6.32 |210.22 |
|2nd Year |273.40 |8.48 |281.88 |
|3rd Year |382.30 |11.85 |394.15 |
|4th Year |419.50 |13.00 |432.50 |
Indentured Apprentices - The total rate of wages for apprentices in this award shall be calculated to the nearest five cents, any broken part of five cents in the result not exceeding half of five cents to be disregarded.
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Allowance |SWC Increase 2001 |
| | | |$ |$ |
|1 |5(iii)(c) |Mileage allowance |0.51 per km |* |
|2 |6(iii)(a) |Tool allowance |10.35 per week |10.67 per week |
|3 |11(I)(i) |Dirty work allowance |0.38 per hour |0.39 per hour |
|4 |11(I)(ii) |Confined space allowance |0.48 per hour |0.50 per hour |
|5 |11(I)(iii) |Insulating material allowance |0.48 per hour |0.50 per hour |
|6 |11(I)(iv)(a) |Height allowance |0.41 per hour |0.42 per hour |
|7 |11(I)(v)(a) |Wet allowance |0.38 per hour |0.39 per hour |
|8 |11(I)(vi)(a) |Hot places allowance |0.38 per hour |0.39 per hour |
|9 |11(I)(vii) |Cold places allowance |0.38 per hour |0.39 per hour |
|10 |11(I)(viii) |Explosive- powered tools |0.99 per hour |1.02 per hour |
|11 |11(I)(ix) (c) |Toxic substance allowance |0.49 per hour |0.51 per hour |
|12 |13(viii)(a) |Meal allowance |6.70 per meal |* |
|13 |23(iii) |First-aid allowance |1.89 per day |1.95 per hour |
|14 |11(II)(iv) |Leading hand allowance |33.90 per week |34.95 per week |
The rates of pay in this award include the adjustments payable under the State Wage Case of May 2001. 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.
3. This variation shall take effect from the first full pay period to commence on or after 19 June 2001.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(118) |SERIAL C1198 |
CLERICAL AND ADMINISTRATIVE EMPLOYEES (BHP STEEL (AIS) PTY LTD) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 4106 of 2001)
|Before Mr Deputy President Grayson |12 July 2001 |
VARIATION
1. Delete paragraph (b) of subclause (x) of clause 1, Classification Structure and Salaries, of the award published 4 September 1998 (306 I.G. 452), as varied, and insert in lieu thereof the following:
(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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 subclauses (i) and (iii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:
(i) Adults
|Grade |Former Rate Per Week |SWC 2001 |Total Rate Per Week |
| |$ |$ |$ |
|Grade 5 |529.50 |17.00 |609.50 |
|Grade 4 |533.90 |15.00 |548.90 |
|Grade 3 |492.20 |15.00 |507.20 |
|Grade 2 |460.50 |13.00 |473.50 |
|Grade 1 |439.60 |13.00 |452.60 |
(iii) Juniors - The minimum rates of salaries per 38-hour week for junior employees shall be:
(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator -
|Age |Former Rate Per Week |SWC 2001 |Total Rate Per Week |
| |$ |% |$ |
|At 17 years of age |218.85 |3 |225.40 |
|At 18 years of age |269.45 |3 |277.55 |
|At 19 years of age |308.10 |3 |317.35 |
|At 20 years of age |363.85 |3 |374.75 |
(b) All other junior employees -
|Age |Former Rate Per Week |SWC 2001 |Total Rate Per Week |
| |$ |% |$ |
|Under 17 years of age |171.75 |3 |176.90 |
|At 17 years of age |215.15 |3 |221.60 |
|At 18 years of age |263.60 |3 |271.50 |
|At 19 years of age |298.95 |3 |307.90 |
|At 20 years of age |351.80 |3 |362.35 |
3. Delete Items 1 to 10 from Table 2 - Other Rates and Allowances, of the said Part B and insert in lieu thereof the following:
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |10(1)(a) |Shift clerks - rotating shifts |38.10 |
|2 |10(1)(a) |Shift clerks - additional shift allowance |25.10 |
|3 |10(1)(b)(i) |Day shift, night shift |38.10 |
|4 |10(1)(b)(ii) |Day shift, afternoon shift |32.20 |
|5 |10(1)(b)(iii) |Day shift, day shift, afternoon shift |32.20 |
|6 |10(1)(b)(iv) |Day shift, day shift, night shift |32.20 |
|7 |10(1)(c) |Junior shift clerks |38.10 |
|8 |10(1)(d) |Adult shift clerks working only afternoon and/or night shifts |51.00 |
|9 |10(3) |Afternoon or night shift - other shift system |15.20 |
|10 |14(4)(c)(ii) |Overtime for more than 1½ hours - meal allowance |8.25 |
4. This variation shall take effect from the beginning of the first full pay period to commence on or after 5 September 2001.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(127) |SERIAL C1199 |
CLERICAL AND ADMINISTRATIVE EMPLOYEES (BHP STEEL (JLA) PTY LTD - PORT KEMBLA) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Federated Clerks Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 4149 of 2001)
|Before Mr Deputy President Grayson |12 July 2001 |
VARIATION
1. Delete paragraph (b) of subclause (x) of clause 1, Classification Structure and Salaries of the award published 4 September 1998 (306 I.G. 533), as varied, and insert in lieu thereof the following:
(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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 subclauses (i) and (iii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:
(i) Adults
| |Former Rate | |Total Rate |
|Grade |Per Week |SWC 2001 |Per Week |
| |$ |$ |$ |
|Grade 5 |529.50 |17.00 |609.50 |
|Grade 4 |533.90 |15.00 |548.90 |
|Grade 3 |492.20 |15.00 |507.20 |
|Grade 2 |460.50 |13.00 |473.50 |
|Grade 1 |439.60 |13.00 |452.60 |
(iii) Juniors - The minimum rates of salaries per 38-hour week for junior employees shall be:
(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator -
| |Former Rate | |Total Rate |
|Age |Per Week |SWC 2001 |Per Week |
| |$ |% |$ |
|At 17 years of age |218.85 |3 |225.40 |
|At 18 years of age |269.45 |3 |277.55 |
|At 19 years of age |308.10 |3 |317.35 |
|At 20 years of age |363.85 |3 |374.75 |
(b) All other junior employees
| |Former Rate | |Total Rate |
|Age |Per Week |SWC 2001 |Per Week |
| |$ |% |$ |
|Under 17 years of age |171.75 |3 |176.90 |
|At 17 years of age |215.15 |3 |221.60 |
|At 18 years of age |263.60 |3 |271.50 |
|At 19 years of age |298.95 |3 |307.90 |
|At 20 years of age |351.80 |3 |362.35 |
3. Delete Items 1 to 10 from Table 2 - Other Rates and Allowances, of the said Part B and insert in lieu thereof the following:
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |10(1)(a) |Shift clerks - rotating shifts |38.10 |
|2 |10(1)(a) |Shift clerks - additional shift allowance |25.10 |
|3 |10(1)(b)(i) |Day shift, night shift |38.10 |
|4 |10(1)(b)(ii) |Day shift, afternoon shift |32.20 |
|5 |10(1)(b)(iii) |Day shift, day shift, afternoon shift |32.20 |
|6 |10(1)(b)(iv) |Day shift, day shift, night shift |32.20 |
|7 |10(1)(c) |Junior shift clerks |38.10 |
|8 |10(1)(d) |Adult shift clerks working only afternoon and/or night shifts |51.00 |
|9 |10(3) |Afternoon or night shift - other shift system |15.20 |
|10 |14(4)(c)(ii) |Overtime for more than 1½hours - meal allowance |8.25 |
4. This variation shall take effect from the beginning of the first full pay period to commence on or after 5 September 2001.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(764) |SERIAL C1201 |
CGEA TRANSPORT SYDNEY PTY LTD, TRADING AS METRO MONORAIL ENTERPRISE (STATE) CONSOLIDATED AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 5091 of 2001)
|Before The Honourable Justice Walton, Vice-President |16 August 2001 |
VARIATION
1. Delete subclause (i) of clause 8, Wage Rates, of the award published 11 May 2001 (324 I.G. 853), as varied, and insert in lieu thereof the following:
(i) The minimum rates of pay for permanent employees shall be as set out in Table 1 Wages, of Part B, Monetary Rates. The rates of pay for permanent employees in the classifications prescribed in this award shall be as set out in Columns C and E of Table 1, Wages, and the rates for allowances shall be as set out in Table 2, Other Rates and Allowances. The rates of pay in this award include the First, Second and Third Arbitrated Safety Net Adjustments payable under the State Wage Case December 1994 decision. These arbitrated safety net adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting at enterprise level, are not to be used to offset arbitrated safety net adjustments. The rates of pay in this award include all arbitrated safety net adjustments and the adjustments payable under the State Wage Cases of August 1997, June 1998, June 1999, May 2000 and May 2001. 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 - Wages and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Wages
|Classification |Column E |Column F |
| |Total Weekly Rate per week |Casual Hourly Rate |
| |Effective from the first full pay period |Effective from the first full pay period |
| |on or after 1 January 2002 |on or after the 1 January 2002 |
| |$ |$ |
|Monorail Attendant |413.40 |12.5108 |
|Monorail Ranger |485.90 |14.7049 |
|Monorail Supervisor |552.50 |16.7204 |
|Senior Supervisor |557.80 |16.8808 |
|Monorail Supervisor | | |
|CCR Qualified |567.80 |17.1834 |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Amount |
|No. | | |Effective first full pay period |
| | | |on or after 1 January 2002 |
| | | |$ |
|1 |12.1 |Senior Supervisor Allowance - Weekly |49.45 |
|2 |12.1 |Part Time and Casual Senior |9.89 per shift to a max |
| | |Supervisor Allowance |weekly amount of $49.45 |
|3 |12.2 |First Aid Allowance per week |11.29 |
|4 |12.2 |Part Time and Casual First Aid Allowance |2.28 per shift to a maximum |
| | | |weekly amount of $11.40 |
|5 |12.3 |Laundry Allowance - per shift |1.68 |
|6 |12.4 |Proficiency Allowance - per week to |15.75 |
| | |Permanent Senior Supervisors and | |
| | |Supervisors | |
|7 |12.4 |Proficiency Allowance per shift to |3.15 |
| | |Part Time and Casual Senior | |
| | |Supervisors and Supervisors only | |
| | |Operating Allowance to Senior |0.63 per shift to a max |
|8 |12.5 |Supervisors and Supervisors per shift |weekly amount of $3.15 |
|9 |12.6 |CSC Allowance- per shift |5.83 |
|10 |17.2 |Meal Allowance - per meal |6.45 |
3. This variation shall take effect from the first full pay period to commence on or after 1 January 2002.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(927) |SERIAL C1188 |
JOURNALISTS (EMAP AUSTRALIA PTY LTD) (STATE) AWARD 1995
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 6120 of 2001)
|Before Mr Deputy President Grayson |21 September 2001 |
VARIATION
1. Delete subclause (g) of clause (4), Minimum Rates of Pay, of the award published 17 November 2000 (320 I.G. 485), as varied, and insert in lieu thereof the following:
(g) The rates of pay in this award include the adjustments payable under the State Wage Case May 2001. These adjustments may be offset against:
(A) any equivalent overaward payments, and/or
(B) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments
2. Delete Table 1 - Rates of Pay and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Rates of Pay
|Classification |Previous |SWC |Column 1 |Column 2 |
| |Minimum weekly |2001 |Minimum weekly |Minimum weekly |
| |Rates of pay | |Rates of pay |Rates of pay |
| |($) |($) |($) |(6%$) |
|Band One | | | | |
|J1 (D) |492.20 |15.00 |507.20 |537.65 |
|J2 (C) |565.30 |15.00 |580.30 |615.10 |
|J3 (B) |650.90 |17.00 |667.90 |708.00 |
|J4 (B+) |696.80 |17.00 |713.80 |756.60 |
|Band Two | | | | |
|J5 (A) |736.50 |17.00 |753.50 |798.70 |
|J6 (A2) |788.90 |17.00 |805.90 |854.25 |
|J7 (A1) |849.20 |17.00 |866.20 |918.20 |
|Band Three | | | | |
|J8 (Spec A) |878.40 |17.00 |895.40 |949.10 |
|Trainee Yr 1 |364.60 |17.00 |381.60 |404.50 |
|Trainee Yr 2 |449.90 |17.00 |466.90 |494.90 |
Column 2 represents the sum of the minimum weekly wage as set out in Column 1 plus an allowance of six per cent paid to an employee required to use a visual display terminal in the creation or editing or editorial material in production.
3. This variation shall take effect from the beginning of the first pay period to commence on or after 20 October 2001.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(956) |SERIAL C1187 |
JOURNALISTS, ETC. (AUSTRALIAN CONSUMERS ASSOCIATION LIMITED) AWARD 1995
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 6114 of 2001)
|Before Mr Deputy President Grayson |21 September 2001 |
VARIATION
1. Delete subclause (f) of clause 4, Minimum Rates of Pay and Classification of Employees, of the award published 18 August 2000 (317 I.G. 1146), as varied, and insert in lieu thereof the following:
(f) The rates of pay in this award include the adjustments payable under the State Wage Case May 2001. 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 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Rates of Pay
|Classification |Minimum |2001 |Minimum |Minimum |
| |Previous |ASNA |Column 1 |Column 2 |
| |Weekly Rate | |Weekly Rate |Weekly Rate of Pay (6%) |
| |$ |$ |$ |$ |
|Band One - | | | | |
|Grade 1 |492.20 |15.00 |505.00 |535.30 |
|Grade 2 |565.30 |15.00 |580.30 |615.10 |
|Grade 3 |650.90 |17.00 |667.90 |708.00 |
|Grade 4 |696.80 |17.00 |713.80 |756.60 |
|Band Two - | | | | |
|Grade 5 |735.50 |17.00 |752.50 |797.65 |
|Grade 6 |790.90 |17.00 |807.90 |856.40 |
|Grade 7 |850.20 |17.00 |867.20 |919.25 |
|Band Three - | | | | |
|Grade 8 |878.40 |17.00 |895.40 |949.10 |
|Grade 9 |999.80 |17.00 |1016.80 |1077.80 |
|Trainee Year 1 |356.80 |17.00 |373.80 |396.20 |
|Trainee Year 2 |447.30 |17.00 |464.30 |492.20 |
* Column 2 represents the sum of the minimum weekly wage rate as set out in Column 1 plus an allowance of six percent paid to an employee required to use a visual display terminal in the creation or editing or editorial material in production.
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |5(c)(iv) |Spectacles - cost of frames - maximum |89.85 |
|2 |5(c)(v) |Cost of spectacles - (difference) - maximum |96.50 |
|3 |14(c) |Meal Allowance |10.45 |
3. This variation shall take effect on and from 20 October 2001.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(404) |SERIAL C1192 |
JOURNALISTS' (CUMBERLAND NEWSPAPERS PTY LIMITED) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 6121 of 2001)
|Before The Honourable Justice Schmidt |21 September 2001 |
VARIATION
1. Delete Table 1 - Rates of Pay, of Part B, Monetary Rates, of the award published 30 April 1993 and award review published 7 December 2001 (330 I.G. 93), as varied, and insert in lieu thereof the following:
Table 1 - Rates of Pay
| |Previous Minimum | |Minimum Weekly |
|Classification |Weekly Rates of Pay |SWC 2001 |Rates of Pay |
| |$ |$ |$ |
|1. (AJA 1a) |480.40 |13.00 |493.40 |
|2. (AJA 1b) |534.25 |15.00 |549.25 |
|3. (AJA 2) |586.10 |15.00 |601.10 |
|4. (AJA 3) |TBD |TBD |TBD |
|5. (AJA 4) |671.05 |17.00 |688.05 |
|6. (AJA 5) |TBD |TBD |TBD |
|7. (AJA 6) |785.05 |17.00 |802.05 |
The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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. This variation shall take effect on and from 21 September 2001.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(850) |SERIAL C1190 |
THE CATHOLIC PRESS NEWSPAPERS COMPANY PTY LIMITED (STATE) AWARD 1995
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 6113 of 2001)
|Before Mr Deputy President Grayson |21 September 2001 |
VARIATION
1. Delete subclause (f) of Part B, Monetary Rates, of the award published 17 November 2000 (320 I.G. 377), as varied, and insert in lieu thereof the following:
(f) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. 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 Table 1 - Rates of Pay and Table 2 - Other Rates and Allowances, of the said Part B and insert in lieu thereof the following:
Table 1 - Rates of Pay
| | | | |Column 1 |Column 2 |
| |Former Rates |Former Rates | |Minimum |Minimum |
|Classification |of Pay Per |of Pay Per |SWC |Weekly Rates of |Weekly Rates |
| |Week |Week (6%) |2001 |Pay (6%) |of Pay (6%) |
| |($) |$ |$ |$ |$ |
|Band One | | | | | |
|Grade 1 |491.90 |521.41 |13.00 |504.90 |535.20 |
|Grade 2 |565.00 |598.90 |13.00 |580.00 |614.80 |
|Grade 3 |638.20 |676.49 |17.00 |655.20 |694.50 |
|Grade 4 |682.30 |723.24 |17.00 |699.30 |741.25 |
|Band Two | | | | | |
|Grade 5 |725.30 |768.82 |17.00 |742.30 |786.85 |
|Grade 6 |775.90 |822.45 |17.00 |792.90 |840.50 |
|Grade 7 |832.00 |881.92 |17.00 |849.00 |900.00 |
|Band Three | | | | | |
|Grade 8 |861.60 |913.30 |17.00 |878.60 |931.30 |
|Grade 9 |980.50 |1039.33 |17.00 |997.50 |1057.35 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |4 (a) (i) |Sub-editor qualified in and required to use complex |25.15 |
| | |area make-up procedures | |
|2 |13 (j) |Casual sub-editor qualified in and required to use |5.00 |
| | |complex area make-up procedures | |
|3 |16 (d) (iv) and (v) |Maximum payment for spectacle frames |91.50 |
|4 |17 (c) |Meal allowance |10.00 |
|5 |28 (a) |Duplicating copy |0.04 per line |
3. This variation shall take effect from the first full pay period to commence on or after 20 October 2001.
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(412) |SERIAL C1186 |
JOURNALISTS' SUBURBAN NEWSPAPERS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.
(No. IRC 6116 of 2001)
|Before The Honourable Justice Schmidt |8 October 2001 |
VARIATION
1. Delete subclause (d) of clause 5, Supplementary Payments, of the award published 3 February 1995 and award review published 28 June 2002 (334 I.G. 711) and insert in lieu thereof the following:
(d) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increase since 20 May 1991 other than safety net, State Wage Case and Minimum rates adjustments.
2. Delete Table 1 - Rates of Pay, of Part B, Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of Pay
(a) Journalists and press photographers working on newspapers published on five or more days in a week -
|Classification |Previous minimum |ASNA |Column 1 minimum |Column 2 minimum |
| |weekly rates of pay |2001 |weekly rates of pay |weekly rates of pay |
| |($) |($) |($) |($) |
|Grade 1 |482.00 |13.00 |495.00 |524.70 |
|Grade 2 |553.30 |15.00 |568.30 |602.40 |
|Grade 3 |636.70 |17.00 |653.70 |692.90 |
|Grade 4 |681.50 |17.00 |698.50 |740.40 |
|Grade 5 |722.20 |17.00 |739.20 |783.55 |
|Grade 6 |773.10 |17.00 |790.10 |837.50 |
|Grade 7 |830.10 |17.00 |847.10 |897.90 |
(b) Journalists and press photographers working or newspapers published on less than five days in a week -
|Classification |Previous minimum |ASNA |Column 1 minimum |Column 2 minimum |
| |weekly rates of pay |2001 |weekly rates of pay |weekly rates of pay |
| |($) |($) |$ |$ |
|1 (AJA 1a) |482.00 |13.00 |495.00 |524.70 |
|2 (AJA 1b) |535.00 |15.00 |550.00 |583.00 |
|3 (AJA 2) |573.00 |15.00 |588.00 |623.30 |
|4 (AJA 3) |- |- |- |- |
|5 (AJA 4) |661.20 |17.00 |678.20 |718.90 |
|6 (AJA 5) |- |- |- |- |
|7 (AJA 6) |773.10 |17.00 |790.10 |837.50 |
* The minimum rate of pay in column 2 is the sum of the minimum rate of pay in column 1 and an allowance of six percent, paid to an employee required to use a visual display terminal in the creation or editing or editorial material in production.
(c)
|Grade |SNA |Supplementary payment per week |
| |$ |$ |
|Grade 1 |3% |9.40 |
|Grade 2 |3% |13.00 |
|Grade 3 |3% |18.40 |
|Grade 4 |3% |19.30 |
|Grade 5 |3% |21.60 |
|Grade 6 |3% |25.05 |
(d)
|Grade |SNA |Supplementary payment per week |
| |$ |$ |
|AJA 1a |3% |53.40 |
|AJA 1b |3% |54.50 |
|AJA 2 |3% |46.40 |
|AJA 3 |3% |TBD |
|AJA 4 |3% |21.35 |
|AJA 5 |3% |TBD |
|AJA 6 |3% |24.75 |
3. This variation shall take effect from the first full pay period to commence on or after 8 October 2001.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(1505) |SERIAL C1184 |
GOLDFIELDS WATER COUNTY COUNCIL ENTERPRISE AWARD 1999/2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Shires Association of New South Wales, industrial organisation of employers.
(No. IRC 3334 of 2001)
|Before the Honourable Mr Deputy President Harrison |30 May and 21 June 2001 |
VARIATION
1. Delete Annexure 3, Monetary Rates, of the award published 24 November 2000 (320 I.G. 660) as varied, and insert in lieu thereof the following:
ANNEXURE 3
MONETARY RATES
|Allowance |Existing Rate |SWC 2000 |Total |
| |$ |Increase |$ |
|Clause 10.2 Weekend Work |145.00 per day |3.1% |149.50 per day |
|Clause 11.2 On Call |200.00 per week |3.1% |206.20 per week |
|Clause 11.3 Duty Officer |320.00 per week |3.1% |329.90 per week |
|Clause 10.3 Meal Allowance |7.00 per meal |3.1% |7.20 per meal |
|Clause 7.1 Tool Allowance |17.80 per week |3.1% |18.30 per week |
|Clause 6 Disability Allowance |9.00 per week |3.1% |9.30 per week |
3. Rates of Pay
|Band |Existing Rate per |SWC 2000 |Total |
| |Week |Increase |$ |
| |$ | | |
|T1 |219.70 |3.1% |226.50 |
|T2 |277.80 |3.1% |286.40 |
|T3 |329.50 |3.1% |339.70 |
|T4 |387.80 |3.1% |399.80 |
|T5 |446.10 |$15.00 |461.10 |
|T6 |482.90 |$15.00 |497.90 |
|T7 |507.50 |$15.00 |522.50 |
|T8 |532.60 |$15.00 |547.60 |
|T9 |557.70 |$15.00 |572.70 |
|T10 |583.10 |$15.00 |598.10 |
|Operational Band, Level 2 |451.80 |$15.00 |466.80 |
|Operational Band, Level 3 |503.00 |$15.00 |518.00 |
|Operational Band, Level 4 |564.10 |$15.00 |579.10 |
|Administrative/Technical/Trades |557.70 |$15.00 |572.70 |
|Band, Level 1 | | | |
|Administrative/Technical/Trades |639.50 |$15.00 |654.50 |
|Band, Level 2 | | | |
|Administrative/Technical/Trades |765.50 |$15.00 |780.50 |
|Band, Level 3 | | | |
|Professional/Specialist Band, |639.50 |$15.00 |654.50 |
|Level 1 | | | |
|Professional/Specialist Band, |765.50 |$15.00 |780.50 |
|Level 2 | | | |
|Professional/Specialist Band, |891.50 |$15.00 |906.50 |
|Level 3 | | | |
|Professional/Specialist Band, |1080.50 |$15.00 |1095.50 |
|Level 4 | | | |
|Executive Band, Level 1 |1017.40 |$15.00 |1032.40 |
|Executive Band, Level 2 |1269.50 |$15.00 |1284.50 |
|Executive Band, Level 3 |1584.40 |$15.00 |1599.40 |
|Executive Band, Level 4 |1899.10 |$15.00 |1914.10 |
2. This variation shall take effect from the first full pay period to commence on or after 30 May 2001.
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(892) |SERIAL C1208 |
CROWN EMPLOYEES (DEPARTMENT OF URBAN AFFAIRS AND PLANNING 1996) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Department of Urban Affairs.
(No. IRC 5271 of 2001)
|Before The Honourable Justice Schmidt |9 August 2001 |
VARIATION
1. Insert after paragraph 4.2.5 of subclause 4.2 of clause 4, Classifications and Salary Structures, of the award published 2 May 1997 and award review published 1 September 2000 (318 I.G. 381), as varied, the following new paragraph:
4.2.6 EPO (Professional) Level 5
Appointment to Level 5 will be through competitive selection.
2. Insert after classification EPO (Professional) Level 4 in Table 1 - Salaries of Part B, Monetary Rates, the following new classification:
|EPO (Professional) Level 5 |103,090 |21 |
| |105,657 |22 |
3. This variation shall take effect from 9 August 2001.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
|(1446) |SERIAL C1245 |
FRISKIES PET CARE, BLAYNEY (STATE) ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Nestle Australia Ltd.
(No. IRC 5521 of 2001)
|Before Commissioner Tabbaa |7 September 2001 |
VARIATION
1. Delete subclause (d), of clause 10, Long Service Leave, of the award published 27 July 2001 (326 I.G. 588), as varied, and insert in lieu thereof the following:
(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.
2. This variation shall take effect on and from 7 September 2001.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1244) |SERIAL C1206 |
MACQUARIE GENERATION EMPLOYEES (STATE) AWARD 1999
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Macquarie Generation.
(No. IRC 4640 of 2001)
|Before The Honourable Mr Deputy President Harrison |19 and 25 October 2001 |
VARIATION
1. Delete clause 25, Personal/Carer's Leave, appearing in the Contents of the award published 11 August 2000 (317 I.G. 904) and insert in lieu thereof the following:
25. Carer's Leave
2. Delete subclause 2.2 of clause 2, Intent, Scope and Duration.
3. Delete subclause 10.40 of clause 10, Shift Work, and insert in lieu thereof the following:
|Annualised Salary |10.40 |Agreements on Annualised Salary, insofar as |
| | |they contain provisions otherwise inconsistent |
| | |with the Award, shall take precedence over |
| | |such provisions, to the extent of such |
| | |inconsistency. |
| | | |
| | |The relevant Annualised Salary loading |
| | |replaces Roster Loading, Weekend Penalties, |
| | |Public Holidays and Shift Allowance. |
| | |where applicable |
| | | |
| | |The annualised salary rate is paid for: |
| | | |
| | |- time worked |
| | |- annual leave |
| | |- "H" day, where applicable |
| | |- Approved study leave |
| | |- training |
| | |- secondments |
| | |- community leave |
| | |- personal leave |
| | | |
| | |Work groups will be able to negotiate the |
| | |extension of Annualised Salary to Long Service |
| | |Leave, Sick Leave and Workers’ |
| | |Compensation. |
4. Delete the clause title 25, Personal/Carer's Leave, and insert in lieu thereof the following:
25. Carer's Leave
5. This variation shall take effect from 19 October 2001.
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1209) |SERIAL C1216 |
WOOLWORTHS LIMITED AND WOOLSTAR PTY LIMITED YENNORA, MOOREBANK, D.C. AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Woolworths Limited and Woolstar Pty Limited.
(No. IRC 95 of 2002)
|Before The Honourable Justice Kavanagh |5 February 2002 |
VARIATION
1. Delete clause 3, Area, Incidence and Duration of the award made 28 September 2001 and insert in lieu thereof the following:
3. Area, Incidence and Duration
This award regulates, in whole and exclusively, the conditions of employment of all storepersons employed by Woolworths Limited or Woolstar Pty Limited at:
Moorebank Warehouse, situated at 7 Centenary Avenue, Moorebank, N.S.W.; and
Yennora Warehouse, situated at cnr. Dursley and Fairfield Roads, Yennora, N.S.W.; and
Helles Avenue Warehouse, situated at 5 Helles Avenue, Moorebank, N.S.W.
The award is in full settlement of all rights between the parties and all pre-existing disputes are subsumed within it.
This award shall take effect from the beginning of the first pay period to commence on or after 24 September 2001 and shall remain in force thereafter for a period of 24 months.
2. Insert at the end of subclause 13.2, of clause 13, Meal and Rest Breaks the following new paragraph:
Employees working at the Helles Ave Warehouse will have the same Rest Break entitlements under this clause as employees employed at the Moorebank Warehouse.
3. This variation shall take effect from 9 January 2002 and shall remain in force until 23 September 2003.
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.
|(264) |SERIAL C1221 |
CROWN EMPLOYEES (TEACHERS IN SCHOOLS AND TAFE AND RELATED EMPLOYEES) SALARIES AND CONDITIONS AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Teachers Federation, industrial organisation of employees.
(No. IRC 8490 of 2001)
|Before The Honourable Justice Schmidt |1 March 2002 |
VARIATION
1. Delete subclause 41.3, of clause 41, Allocation of Duties, of the award published 30 March 2001 and consolidated 7 September 2001 (327 I.G. 582) with Erratum 26 October 2001 (328 I.G. 1312) as varied, and insert in lieu thereof the following:
41.3 only at the discretion of the institute director (or nominee) shall any reduction in the teaching load be permitted. If any such reduction is permitted, the teacher shall not be paid for excess teaching hours, except as otherwise approved by the institute director.
2. This variation shall take effect from 1 March 2002.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
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