GAZETTE COVER [PAGE]
Vol. 325, Part 4 22 June 2001 Pages 652 — 807
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. 325, Part 4 22 June 2001
Pages 652 — 807
Page
Awards and Determinations —
Awards Made, Varied or Rescinded —
|Austral Brick Company Pty Ltd (Mechanical Maintenance Employees Eastwood) | | |
|Enterprise Award 2000 |(ERR) |795 |
|Costa's Pty Limited Flemington Fresh Produce Distribution Centre Award 1997 | | |
| |(OIRC) |803 |
|Crown Employees (Parliamentary Attendant Staff) |(OIRC) |796 |
|Crown Employees (Skilled Trades) |(RIRC) |749 |
|Crown Employees Learning and Development Officers (State Emergency Service | | |
|2000) |(AIRC) |696 |
|Glass Makers (State) |(RIRC) |719 |
|Health, Fitness and Indoor Sports Centres (State) |(ERR) |792 |
|James Hardie Building Systems Pty Limited (Bondor) Enterprise (State) | | |
| |(OIRC) |801 |
|Mauri Grocery Pty Limited Warehouse Employees Consent Award 1996 | | |
| |(OIRC) |805 |
|Miscellaneous Workers' Kindergartens and Child Care Centres, &c. (State) | | |
| |(RIRC) |652 |
|Nugan Quality Foods Pty Ltd Employees (State) |(RIRC) |701 |
|Olympic Labour Network Enterprise Award, The |(OIRC) |797 |
|O.P.S.M. Superannuation |(OIRC) |798 |
|Port Macquarie Shopping Centre Construction Project (State) Consent Award 1995| | |
| |(OIRC) |800 |
|Sydney Olympic Broadcasting Organisation Enterprise |(OIRC) |799 |
|Tooheys Limited (Grafton Brewery) (State) Enterprise Award 1996 | | |
| |OIRC) |804 |
|Transfield Pty Ltd ( Morpeth Wastewater Treatment Works Consent Award 1999 | | |
| |(OIRC) |802 |
Obsolete (
ABB Installation and Service (NSW Installation Division) Enterprise Award 1996 807
ABB Installation and Service (NSW Labour Hire Division) Kimberly-Clark
Ingleburn Site Enterprise Award 1996 807
ABB Installation and Service (NSW Installation Division) Sydney Enterprise
Award 1996 807
Alform Pty Ltd Enterprise Award 1996 807
Electricians' (Pilkington (Australia) Operations Ltd — Alexandria) Enterprise
Bargaining 807
Maxpro Systems Pty Ltd Enterprise Award 1997 806
Roger Foley & Associates Pty Ltd 806
Transwire Pty Ltd Enterprise Award 1996 806
(482) SERIAL C0131
Miscellaneous Workers' Kindergartens and Child Care Centres, &c. (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 2385 and 2417 of 1999)
Before Mr Deputy President Sams 5 April 2001
AWARD
PART A
1. Arrangement
PART A
|Subject Matter |Clause No |
|Additional Rates and Allowances |10 |
|Annual Leave |19 |
|Annual Leave Loading |20 |
|Arrangement |1 |
|Area Incidence and Duration |35 |
|Anti Discrimination |32 |
|Attendance at Repatriation Centres |26 |
|Bereavement Leave |24 |
|Classification Structure |8 |
|Contract of Employment |4 |
|Definitions |3 |
|Dispute Settling Procedure |33 |
|Examination and Study Leave |29 |
|Exemptions |34 |
|Hours |5 |
|Implementation of 38-Hour Week |6 |
|In Service: Preschools and Out of School Hours Care Centres | |
| |28 |
|Job Sharing |15 |
|Jury Service |25 |
|Long Service Leave |21 |
|Miscellaneous Conditions |14 |
|Name of Award |2 |
|Overtime |12 |
|Parental Leave |22 |
|Payment of Wages |13 |
|Personal/Carer's Leave |23 |
|Public Holidays |18 |
|Redundancy |27 |
|Relieving in Other Positions |16 |
|Rostered Days Off Duty |7 |
|Saturday and Sunday Work |11 |
|Sick Leave |17 |
|Superannuation |31 |
|Supported Wage |30 |
|Wages |9 |
PART B
MONETARY RATES
Table 1 — Wages
Table 2 — Additional Rates and Allowances
Appendix A — Record of Casual Employment
Appendix B — Parental Leave
2. NAME OF AWARD
This Award shall be known as the Miscellaneous Workers Kindergarten and Child Care Centres, &c. (State) Award.
3. DEFINITIONS
(i) Weekly Employee — means an employee employed and paid by the week subject to clause 4, Contract of Employment.
(ii) Part-time Employee — means a weekly employee who works a constant number of ordinary hours less than the ordinary number of hours prescribed for weekly employees in subclause (i) of this clause.
(iii) Casual Employee — means an employee engaged and paid as such for a period of not more than 20 consecutive working days for each engagement.
(iv) Temporary Employee —
(a) means an employee engaged to work full-time or part-time for a specified period which is not more than two years but not less than 20 days.
(b) Such employees shall be engaged solely for the following specified purposes:
(1) to replace existing employees proceeding on annual leave, maternity leave, long service leave, workers compensation or leave without pay;
2) to occupy specially funded positions;
(3) to occupy positions approved by the Department of Community Services which vary a centre’s licence;
(4) to occupy positions resulting from seasonal employment fluctuations in a locality;
(5) to occupy positions resulting from increases in enrolments in the second half of the year.
NOTATION: Employees engaged pursuant to (iv) and (v), above, shall not be engaged in such a way that would displace existing employees or future permanent employees.
(v) Day — means the period from midnight to midnight.
(vi) Union — means The Australian Liquor, Hospitality and Miscellaneous Worker Union of Australia, Miscellaneous Workers Division, New South Wales Branch.
(vii) Night Shift — means any shift finishing subsequent to midnight and at or before 8.00 a.m. or any shift commencing at or after midnight and before 5.00 a.m.
(viii) Afternoon Shift — means any shift finishing after 6.30 p.m. and at or before midnight.
(ix) Early Morning Shift — means any shift commencing at or after 5.00 a.m. and before 6.30 a.m.
(x) Night Shift, Non-rotating — means any shift system in which night shifts are worked which do not rotate or alternate with another shift so as to give the employee at least one third of the employee’s working time off night shift in each roster cycle.
(xi) Large Centre — means a centre where the total Equivalent Full Time number of staff is greater than five
(xii) Small Centre — means a centre where the total Equivalent Full Time number of staff is equal to or less than five or up to a maximum of eight employees.
4. CONTRACT OF EMPLOYMENT
(i) (a) Except for the first four weeks of employment, the employment of a weekly employee may be terminated by a week's notice given by either party or by the payment or forfeiture, as the case may be, of one week's wages in lieu of such notice. This shall not affect the right of an employer to dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.
(b) During the first four weeks of employment, the employment may be terminated by a day's notice given by either party or by the payment or forfeiture, as the case may be, of one day's wages in lieu of such notice.
(c) An employee, at the point of engagement, shall be notified whether such employment is for a probationary period of four weeks.
(d) An employee who is notified upon engagement that the employee is on probation for a period of four weeks may be dismissed before the expiration of such four weeks and in such cases shall be considered a casual employee and shall be paid the rates prescribed for a casual employee in clause 9, Wages.
(ii) Payment During Vacations: Notwithstanding the foregoing provisions, where an establishment is closed during a vacation period and no work is available, an employee shall be paid the ordinary rate of pay during such a period provided that during the Christmas vacation only an employee with insufficient credit of annual leave to maintain the ordinary rate of pay during the said vacation period may be stood down without pay for a maximum of four weeks.
Provided further that where the employment of an employee is terminated by the employer in accordance with the provisions of this clause through no fault of the employee during the vacation, and such employee whose services are so terminated is re-employed by the same employer before the expiration of two weeks after the commencement of the next term, the contract of employment shall not be deemed to have been broken for the purposes of the Long Service Leave Act 1955. Any period of non-employment of any such employee who is so re-employed shall not count as qualifying service for the purposes of such Act.
(iii) The employment of a casual employee may be terminated by one hour's notice.
(iv) Upon request by an employee, the employer shall give an employee a signed statement of service upon termination. Such statement shall certify the period of commencing and ceasing employment and the class of work upon which the employee was employed. Note: with respect to casual employees, see paragraph (e) of subclause (i) of clause 8, Classification Structure.
(v) Employees terminating employment shall be paid all wages and other monies due forthwith, including any payments which may be due in lieu of annual leave and/or long service leave.
(vi) Flexibility of Work —
(a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote de-skilling.
(b) Persons employed as Child Care Workers may be required to assist with duties incidental to their primary contact care role.
(c) Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.
5. Hours
(i) Ordinary Working Hours — The ordinary working hours, inclusive of crib breaks, shall not, without payment of overtime, exceed an average of 38 per week. Such hours shall be worked as follows:
(a) Day Workers — Between the hours of 6.30 a.m. and 6.30 p.m., Monday to Friday inclusive. The above hours shall be worked on each day in either one or two shifts provided that the total hours worked on any day shall not exceed eight hours or as otherwise provided for in clause 6, Implementation of the 38-hour week without payment for overtime.
(b) Shift Workers — Fixed shifts of not more than eight hours' duration or, with the agreement of the employee, as otherwise provided for in clause 6, Implementation of the 38-hour week to be worked on five days of the week, Monday to Sunday inclusive.
(ii) Notification of Hours — The employer shall, by legible notice displayed at some place accessible to the employees, notify the ordinary hours of commencing and ceasing work and the ordinary times of meal or crib breaks. Such hours, once notified, shall not be changed without the payment of overtime except by seven days' clear notice to the employee, or by mutual agreement between the employer and employee to waive or shorten the notice period.
NOTATION: For part-time employees see subclause (iii) of Clause 12, Overtime.
(iii) Rest Pauses — All employees shall be allowed a rest break of ten minutes per shift between the second and third hour from starting time and, if the work exceeds seven hours from starting time the employee shall be allowed a further rest break of ten minutes, to be taken at a time mutually convenient to the employer and the employees in the establishment concerned, subject to the provisions relating to the supervision of children under the Children (Care and Protection) Act 1987.
(iv) Crib Breaks — Not more than thirty minutes nor less than twenty shall be allowed to employees each day for a midday crib break between the fourth and fifth hour if such employee's shift exceeds five hours from commencement of work. Such crib breaks shall be counted as time worked.
Provided however that employee may, by agreement with the employer, leave the premises during the crib break. Where such reasonable request has been made by an employee, the employer shall give favourable consideration to any such request having regard to the provisions of the Children (Care and Protection) Act 1987 relating to supervision of children. Such time away from the premises shall not count as time worked nor shall any payment be made for such time. A record of unpaid lunch periods shall be kept in the Time and Wages records.
(v) Unpaid Meal breaks for those employed on or after 28 August 2000. An employer may direct an employee engaged on or after 28 August 2000 to take an unpaid meal break of up to thirty minutes between the fourth and fifth hour of the employee’s shift provided that the shift exceeds five hours and having regard to the provisions of the Children (Care and Protection) Act 1987 relating to supervision of children. During this unpaid time, the employee may leave the premises.
(vi) Unpaid Meal breaks for those employed prior to 28 August 2000. With the prior written agreement of the employee, an employer may direct an employee engaged prior to 28 August 2000 to take an unpaid meal break of up to thirty minutes between the fourth and fifth hour of the employee’s shift provided that the shift exceeds five hours and having regard to the provisions of the Children (Care and Protection) Act 1987 relating to supervision of children. The prior agreement of the employee shall be recorded in the time and wages record. During this unpaid time, the employee may leave the premises.
(vii) Employee performing duties during meal break. If an employee is required to perform duties during and unpaid meal break, the employee shall be paid at time and one half for the time worked with a minimum payment as for fifteen minutes work. Where the employee works more than fifteen minutes, the payment shall be as for thirty minutes.
6. Implementation of 38-Hour week
6A Ordinary Hours of Work —
(i) The ordinary hours of work shall not exceed an average of 38 per week, as provided in clause 5, Hours, of this award.
(ii) In respect of employees engaged prior to 28 August 2000, the 38-hour week is to be implemented by the working of a 19-day month in accordance with subclause 6.B. Provided that, with the consent of the employee, the ordinary hours of work may be implemented in accordance with (b), (c), (d), or (e) of subclause (iii) of this clause. The consent of the employee must be in writing and a notation of the consent shall be kept in the time and wages record.
(iii) In respect of employees engaged on or after 28 August 2000, ordinary hours of work in accordance with clause 5, Hours may be implemented in one of the following ways:
(a) by working a 19 day month; or
(b) by working 3 x 10 hour shifts and 1 x 8 hour shift per week; or
(c) by working 4 x 9.5 hour shifts per week; or
(d) by working 5 x 7.6 hour shifts per week; or
(e) by working 4 x 8 hour shifts and 1 x 6 hour shift per week.
6B 19-Day Month —
(iv) An employee shall accrue two hours per week or 0.4 of an hour (i.e., 24 minutes) for each eight hour shift or day worked, to give an entitlement to take an accrued rostered day off in each four week cycle as though worked.
(v) (a) Each day of paid leave taken (including annual leave but not including long service leave or any period of paid or unpaid stand-down as provided in clause 4 (ii) of this award) and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes. Provided however that accrued days off shall not be regarded as part of annual leave for any purpose.
(b) Notwithstanding the provisions of paragraph (a) of this subclause, an employee shall be entitled to no more than 12 paid accrued days off in any twelve months of consecutive employment.
(c) An employee who has not worked a complete four week cycle in order to accrue a rostered day off, shall be paid a pro rata amount for credits accrued for each day worked in such cycle payable for the rostered day off or, in the case of termination of employment, on termination, (i.e. an amount of 24 minutes for each eight-hour day worked).
(vi) Subject to subclause (v) of this clause, an employee shall accrue an entitlement to rostered days off in any twelve months of consecutive employment to the extent provided in the following table:
Number of Weeks Accrued
Establishment Days Off
Open Per Year Per Year
41 weeks 10.25
42 weeks 10.50
43 weeks 10.75
44 weeks 11.00
45 weeks 11.25
46 weeks 11.50
47 weeks 11.75
48 weeks — 52 weeks 12.00
6C Implementation of 19 Day Month —
(vii) By mutual agreement between the employer and employee concerned, the employer may fix one work day in every fourth week as an accrued rostered day off to the extent of such rostered days off accrued in accordance with subclause (vii) of this clause; or
Accumulation —
(viii) Establishments Operating 48 — 52 Weeks — The employee may accrue sufficient accrued days off to enable such days to be taken as rostered days off to a maximum block of five days at any one time in any 12 months of consecutive employment, and provided that no two blocks of rostered days off shall follow on consecutively.
The employee shall take such rostered days off by mutual agreement with the employer.
(ix) Establishments Operating 41 — 47 Weeks — An employee may accrue sufficient accrued days off to the extent accrued in accordance with subclause (vii) of this clause to enable such days to be taken as rostered days off to a maximum block of 7 days at any one time in any twelve months of consecutive employment. Provided that any days accrued in excess of 7 days in any 12 months of consecutive employment may be subsumed into a period of paid stand-down provided in clause 4 (ii) of this award.
The employee shall take such rostered days off by mutual agreement with the employer.
6D Part Time Employees —
(a) A part-time employee as defined in clause 3 (ii) of this award who is regularly rostered to work ordinary hours over five days per week shall accrue an entitlement to rostered days off in the same ratio of weeks worked to accrued days as set out in subclause (vi) of this clause. A part-time employee may choose to be paid the appropriate higher hourly rate (that is a rate based on a 38-hour divisor, as set out in clause 7(ii)(b)) in lieu of accruing an entitlement to rostered days off subject to mutual agreement between employer and employee. A notation of such agreement shall be kept in the Time and Wages Records.
Provided that in respect of part time employees engaged on or after 28 August 2000, the employer may require that such employee be paid the higher rate in lieu of the rostered day off.
(b) Where rostered days off are taken the provisions of subclause 6C of this clause shall apply.
(c) A part-time employee as defined in subclause (ii) of clause 3, Definitions, who works less than five days per week shall be paid for all hours worked (on the basis of a 38-hour divisor) subject to subclause (ii) of clause 9, Wages in lieu of an entitlement to rostered days off subject to mutual agreement between the employer and the employee/s.
6E Casual Employees — A casual employee as defined in subclause (iii) clause 3, Definitions, shall be paid for all hours worked subject to subclause (iii) of clause 9, Wages, in lieu of an entitlement to accrued days off prescribed by this clause.
7. ROSTERED DAYS OFF DUTY
(i) Rostering —
(a) Notice — Except as provided in subclause (b), an employee shall be advised by the employer at least four weeks in advance of the day or days he or she is to be rostered off duty.
(b) Substitution — An individual employee with the agreement of the employer may substitute the day he or she is rostered off duty for another day.
(c) Payment of Wages — Subject to clause 13, Payment of Wages, where an employee is paid by cash or cheque and such employee is rostered off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.
(d) Accumulation — Rostered days off may accumulate in accordance with subclause (iv) of clause 6, Implementation of 38 Hour Week.
(ii) Payment of Rostered Days Off — For every ordinary hour paid for, payment to the employee of one twentieth (5%) of the hourly rate will be withheld by the employer and then paid in the pay week in which the employee’s rostered day off is taken. Notation: The withholding of payment for rostered days off for part time employees may also be implemented by applying a divisor of 40 in lieu of a 38 divisor to the appropriate full time rate of pay used to determine the part time rate applicable.
(iii) Rostered Day Off Falling on a Public Holiday — Where an employee's rostered day off falls on a public holiday the employee and the employer shall agree to the substitution of an alternative day off. Provided however that where such agreement is not reached the substituted day may be determined by the employer.
(iv) Sick Leave and Rostered Days — Off An employee is not eligible for sick leave in respect of absences on rostered days off as such absences are outside the ordinary hours of duty.
(v) Bereavement and Rostered Days Off — An employee shall not be entitled to payment for Bereavement leave in respect of absences on rostered days off as such absences are outside the ordinary hours of duty.
(vi) Work on Rostered Day Off — Except as provided in paragraph (b) of subclause (i) of this clause, any employee required to work on a rostered day off shall be paid in accordance with the provisions of clause 12, Overtime, and an alternative day shall be granted as a rostered day off.
8. CLASSIFICATION STRUCTURE
(i) Implementation of Classification Structure —
(a) The employer shall determine the appropriate classification for each position in the service having regard to the needs of the service.
(b) An employee will be appointed to the position and the corresponding classification in this award having regard to the duties required by the employer to be undertaken by the employee, the qualifications of the employee and the employee’s length of service.
(c) An employee shall commence on the step in the appropriate classification commensurate with the number of years of employment in early childhood and child care services for children aged 0-12 years whether conducted by the employer or not and shall progress thereafter in accordance with the award.
(d) Calculation of Employment — When calculating employment for the purposes of this clause, one year of employment may be deducted for every period of five year's absence from early childhood and child care services.
(e) Employment History on Engagement —
(1) Full time or Part time employees — upon engagement, an employee shall establish the employee’s employment history in early childhood and child care services for the purposes of determining, where necessary, the appropriate step applicable under the classification structure set out in subclause (ii) of this clause.
(2) Casual employees — a casual employee shall maintain and keep up to date a record of employment as set out in Appendix A of this award. Such record shall be signed by the employer at the conclusion of each period of casual employment.
(f) An employee may apply for a higher classification when a position becomes available in the service subject to the employee possessing the requisite qualifications and appropriate selection procedures for the particular service being followed.
(g) Any dispute in relation to the implementation of the classification structure shall be dealt with in accordance with clause 33 — Dispute Settling Procedure.
(h) The new classification structure shall be subject to ongoing testing and evaluation.
(ii) Classification Structure — An employer shall classify the position to which an employee is appointed in accordance with the following structure:
Child Care Support Worker (as defined)
Child Care Support Worker (Qualified Cook) (as defined)
Child Care Worker (as defined)
Step
1 on engagement without early childhood or child care service
2 after 1 year's employment in this classification
3 after 2 year's employment in this classification
4 after 3 year's employment in this classification
Advanced Child Care Worker (as defined)
Step
1 on engagement with early childhood or child care service
2 after 1 year's employment in this classification
3 after 2 year's employment in this classification
Advanced Child Care Worker (Qualified) (as defined)
Step
1 on engagement with early childhood or child care service
2 after 1 year's employment in this classification
3 after 2 year's employment in this classification
Co-ordinator (as defined)
Step
1 on engagement with early childhood or child care service
2 after 1 year's employment in this classification
3 after 2 year's employment in this classification
Co-ordinator : Qualified (as defined)
Step
1 on engagement with early childhood or child care service
2 after 1 year's employment in this classification
3 after 2 year's employment in this classification
(iii) Child Care Support Worker means an employee appointed by the employer to perform some or all of the following duties:
• assisting a qualified cook;
• laundry work;
• cleaning;
• gardening;
• cooking (where the employee is unqualified);
• driving (as part of other duties);
• handy work; and
• other duties as required by the employer as are within the knowledge, skills and capabilities of the carer, including duties at a higher classification; provided that this does not promote de skilling.
(iv) Child Care Support Worker (Qualified Cook) means an employee who holds basic qualifications in cooking, and who is appointed by the employer to cook meals in the service. An employee in this classification may be required by the employer to perform other duties as required by the employer as are within the knowledge, skills and capabilities of the employee including duties at a higher or lower classification; provided that this does not promote de skilling.
(v) Child Care Worker means a carer appointed by the employer to contribute to the development of and assist in the implementation of the child care program under the general direction of and responsible to a supervisor who is regularly present with the group of children. Qualifications are not required for this position. An employee at this level is responsible for their own work and may be required by the employer to perform some or all of the following duties:
• positively interact with children, give each child individual attention and comfort as required;
• assist to implement daily routines;
• assist with ensuring a safe, healthy and clean indoor and outdoor environment for children;
• supervise the activities of a group of children for short periods of time during the day;
• work with other staff members to ensure the smooth running of the service subject to the service policies and procedures;
• understand and work according to the service policies and procedures;
• assist in the development and/or evaluation of the program;
• assist in the observation and evaluation of the children’s development;
• assist with the recording of children’s development and assist in planning for the ongoing development of the child;
• communicate with parents as instructed;
• attend to incidental cleaning and housekeeping or associated with individual and group activities, experiences and routines;
• perform incidental administrative duties including but not limited to: completing receipts, signing deliveries, ruling up the roll, checking the roll and the like;
• other duties as required by the employer as are within the knowledge, skills and capabilities of the carer, including duties at a lower classification; provided that this does not promote de skilling.
An employee at this level may be required by the employer to possess and maintain a current first aid certificate recognised under the Children (Care and Protection) Act 1997.
(vi) Advanced Child Care Worker — means a unqualified carer appointed by the employer with the responsibility to develop, plan and implement the child care program. An employee at this level is responsible to the overall employer of a service and may be responsible for the direction of other staff within the group for which they have responsibility. An employee at this level may be required by the employer to perform some or all of the following duties:
• has direct responsibility for the management of a group or groups of children in conjunction with the employer of the service;
• ensure the maintenance of a healthy and safe work environment;
• ensure a safe, healthy and clean indoor and outdoor environment for children;
• liaise with parents as to needs of the children and the service;
• maintain appropriate and up-to-date records;
• ensure that programs are planned, implemented and evaluated for each child in their care;
• ensure that all regulations, licensing guidelines service policies and procedures are observed;
• carry out administrative duties which relate to effective room management and child care responsibilities;
• other duties as required by the employer as are within the knowledge, skills and capabilities of the carer, including duties at a lower classification; provided that this does not promote de skilling.
An employee at this level is required to possess and maintain a current first aid certificate recognised under the Children (Care and Protection) Act 1997 as amended and administer first aid as required.
An employee at this level will be required to continue to demonstrate the skills and knowledge required for the position.
(vii) Advanced Child Care Worker: Qualified means a qualified carer who holds the Associate Diploma in Social Science (Child Studies) from TAFE or equivalent qualifications which are recognised under the Children — (Care and Protection) Act 1997 as amended, appointed by the employer with the responsibility to develop, plan and implement the child care program. An employee at this level is responsible to the overall employer of a service and may be responsible for the direction of other staff within the group for which they have responsibility. An employee at this level may be required by the employer to perform some or all of the following duties:
• has direct responsibility for the management of a group or groups of children in conjunction with the employer of the service;
• ensure the maintenance of a healthy and safe work environment;
• ensure a safe, healthy and clean indoor and outdoor environment for children;
• liaise with parents as to needs of the children and the service;
• maintain appropriate and up-to-date records;
• ensure that programs are planned, implemented and evaluated for each child in their care;
• ensure that all regulations, licensing guidelines. service policies and procedures are observed;
• carry out administrative duties which relate to effective room management and child care responsibilities;
• other duties as required by the employer as are within the knowledge, skills and capabilities of the carer including duties at a lower classification; provided this does not promote de skilling.
An employee at this level is required to possess and maintain a current first aid certificate recognised under the Children (Care and Protection) Act 1997 as amended, and administer first aid as required.
An employee at this level will be required to continue to demonstrate the skills and knowledge required for the position.
(viii) Co-ordinator means a carer appointed by the employer to co-ordinate, administer and manage a service. An employee at this level is required to perform all of the following duties:
• be accountable to the employer for the administration of the service;
• co-ordinate and manage the day-to-day operations of the service;
• manage staff through liaison and consultation with the employer;
• oversee and ensure the implementation and maintenance of a healthy, safe and clean environment for staff and children;
• ensure day-to-day administrative tasks are completed appropriately, including requirements for funding and licensing;
• ensure the Service adheres to all relevant regulations and licensing guidelines;
• ensure all appropriate records are maintained;
• liaise with and consult with parents regarding the needs of the children and the community;
• liaise with management to ensure that all matters and procedures relating to government funding are complied with in accordance with appropriate guidelines and, where applicable, submissions for funding to relevant authorities are made and funds applied in accordance with the relevant guidelines and approvals;
• assist with the preparation of budgets in consultation with the employer, making appropriate recommendations and manage service financial responsibilities within approved levels;
• attend meetings as required by the employer consistent with position responsibilities.
In addition an employee may be required to perform some or all of the following duties:
• develop, implement and evaluate service policies and procedures and ensure these and licensing conditions are met in consultation with the employer;
• prepare and present reports regarding Service issues;
• develop goals and directions for the service in consultation with staff and management in line with early childhood policy and practice;
• ensure that Government guidelines on priority access to services are adhered to;
• other duties as required by the employer which are within the knowledge, skills and capabilities of the carer, including duties at a lower classification; provided that this does not promote de skilling.
An employee at this level is required to possess and maintain a current first aid certificate recognised under the Children (Care and Protection) Act 1997 as amended, and administer first aid as required.
(ix) Co-ordinator: Qualified means a qualified carer who holds the Associate Diploma in Social Science (Child Studies) from TAFE or equivalent qualifications which are recognised under the Children (Care and Protection) Act 1997 as amended, and who is appointed by the employer to co-ordinate, administer and manage a service. An employee at this level is required to perform the following duties:
• be accountable to the employer for the administration of the Service;
• co-ordinate and manage the day-to-day operations of the service;
• manage staff through liaison and consultation with the employer;
• oversee and ensure the maintenance and implementation of a healthy, safe and clean environment for staff and children;
• ensure day-to-day administrative tasks are completed appropriately, including requirements for funding and licensing;
• ensure the Service adheres to all relevant regulations and licensing guidelines;
• ensure all appropriate records are maintained;
• liaise with and consult with parents regarding the needs of the children and the community;
• liaise with management to ensure that all matters and procedures relating to government funding are complied with in accordance with appropriate guidelines and, where applicable, submissions for funding to relevant authorities are made and funds applied in accordance with the relevant guidelines and approvals;
• assist with the preparation of budgets in consultation with the employer, making appropriate recommendations and manage service financial responsibilities within approved levels;
• attend meetings as required by the employer consistent with position responsibilities.
In addition an employee may be required to perform some or all of the following duties:
• acts as Authorised Supervisor in accordance with the Children (Care and Protection) Act 1997 as amended, where required by the employer;
• develop, implement and evaluate Service policies and procedures and ensure these and licensing conditions are met in consultation with the employer;
• prepare and present reports regarding service issues;
• develop goals and directions for the service in consultation with staff and management in line with early childhood policy and practice;
• ensure that government guidelines on priority access to services are adhered to;
• other duties as required by the employer which are within the knowledge, skills and capabilities of the carer, including duties at a lower classification; provided that this does not promote de skilling.
An employee at this level is required to possess and maintain a current first aid certificate recognised under the Children (Care and Protection) Act 1997 as amended, and administer first aid as required.
9. WAGES
(i) Weekly Employees —
(a) Rates — The minimum rate of pay for the classifications as set out in clause 8, Classification Structure, shall be the rates as set out, in Table 1 — Wages, of Part B, Monetary Rates.
(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:
(1) any equivalent overaward payments; and/or
(2) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
(ii) Savings Clause — Leading Hand and First-aid Allowance: With the exception of employees classified as Co-ordinators under the new structure, an employee who is employed as at July 8, 1997 and who is currently appointed as a leading hand and/or appointed first aid attendant and is in receipt of an allowance for such appointment(s) shall continue to receive the amount of such allowance(s), as an over award payment, whilst they continue in employment in that position with that employer.
(iii) Savings Clause — General: No employee shall suffer a loss of pay as a result of re-classification under the new classification structure.
(iv) Part time Employees:
(a) Rates — For each hour worked during ordinary time, employees shall be paid the hourly equivalent of the minimum weekly wage prescribed by this award for the class of work performed by them. From the first pay period on or after 28 August 2000 until the first pay period on or after 27 November 2000, part-time Employees shall be paid an additional amount of five per centum for each hour subject to the provisions of paragraph (c) of subclause (ii) of clause 15, Job Sharing. Where the phasing out of part-time loading results in a reduction in the wage rate of a Part time employee, employed as at 28 August 2000, the current wage rate is to be maintained.
b) Minimum Starts —
1. Cleaners — A part-time employee engaged as a cleaner working a single shift on any day shall be paid a minimum of two hours for each start.
2. Out of School Hours Care — A part-time employee working a single shift shall be paid a minimum of two hours for each start.
3. Broken Shift Workers — An employee working a broken shift pursuant to paragraph (a) Day Workers of subclause (i) of Clause 5, Hours, shall be paid a minimum of two hours for each of the two shifts so worked.
4. All other part-time employees shall be paid a minimum of three hours for each start.
(v) Casual Employees —
(a) Rates Casual employees, for each hour worked during ordinary time shall be paid the hourly equivalent of the minimum weekly wage prescribed by this award for the class of work performed by them, plus an additional amount of 15 per centum of the appropriate weekly rate. Casuals are entitled to annual leave payments under the Annual Holidays Act, 1944. The employer must make the payment by adding an additional one twelfth of the ordinary time casual hourly rate to the aggregate ordinary pay after each engagement.
(b) Minimum Starts
1. Cleaners — A casual employee engaged as a cleaner working a single shift on any day shall be paid a minimum of two hours for each start.
2. Out of School Hours Care — A casual employee working a single shift shall be paid a minimum of two hours for each start.
3. Broken Shift Workers — An employee working a broken shift pursuant to paragraph (a) Day Workers of subclause (i) of Clause 5, Hours, shall be paid a minimum of two hours for each of the two shifts so worked.
4. All other casual employees shall be paid a minimum of three hours for each start.
(vi) The hourly rates for part-time and casual employees shall be calculated to the nearest whole cent, any amount less than half a cent in the result to be disregarded.
(vii) Juniors: Junior Child Care Workers employed shall be paid the following percentages of the appropriate adult rate of pay specified for the classification under which the junior is engaged:
Age Percentage
Per week
Under 17 years of age 70
At 17 years of age 80
At 18 years of age 90
At 19 years of age 100
The above mentioned percentages shall be calculated to the nearest ten cents, provided however that any broken part of ten cents in the result less than five cents shall be disregarded.
(viii) Junior Employees (Special Conditions): Junior employees employed otherwise than in accordance with subclause (vii), of this clause, shall be paid the appropriate adult rate of pay. The employment of junior employees is further subject to the following conditions:
(a) The ratio of juniors to adults employed in any capacity in any establishment shall not exceed the following ratios -
Where up to 20 children are catered for — one junior to one adult.
Where over 20 children are catered for — one junior to two adults.
(b) Junior employees engaged as trainee Advanced Child Care Worker shall be required, as a condition of employment, to train as such. employees shall attend the Associate Diploma of Social Science (Child Studies) Course or such other technical college course as is necessary.
(c) The employer shall, in respect of each trainee Advanced Child Care Worker, pay all fees and charges necessary to attend and complete the said course and shall, if necessary, allow the employee time off duty without deduction of pay to attend the said course.”
10. ADDITIONAL RATES AND ALLOWANCES
(i) Straight Shifts: The following additional allowances for shift work shall be paid to employees in respect of work performed during ordinary hours for shifts as defined in subclauses (vii), (viii), (ix) and (x) of Clause 3, Definitions.
Percentage
Early morning shift 10%
Afternoon shift 15%
Night shift, rotating with day or afternoon shift 17.5%
Night shift, non-rotating 30%
(ii) Broken Shifts — Employees working broken shifts as provided in paragraph (a) of subclause (i), of clause 5, Hours, shall be paid the following additional allowances:
(a) For each broken shift so worked — a shift allowance in accordance with Item 1 of Table 2 Additional Rates and Allowances, of Part B, Monetary Rates.
(b) Excess fares allowance — at the rate in accordance with Item 2 of the said 2.
(iii) Uniform Laundry Allowance — In the event of an employee being required to wear a uniform such uniform shall be provided by and laundered at the employer’s expense, or, by mutual agreement, such employees shall be paid a uniform laundry allowance, in accordance with Item 3 of the said Table 2.
(iv) Cooks Uniform Laundry Allowance — Where an employer requires a cook to wear an ordinary white overall or wrap, coat, cap, apron and trousers, usually worn by cooks, such garments shall be laundered either at the employer’s expense or at the option of the employer, the employee shall be paid a cooks uniform laundry allowance, in accordance with Item 4 of the said Table 2.
(v) First-aid Certificate —
(a) An employee employed as at July 8, 1997, other than an employee in pre-school or out of school hours care centres which operate for less than 48 weeks who does not hold a first aid qualification and who is required by the employer to obtain such qualifications shall be allowed time off without loss of pay for the purposes of completing the course required by the employer.
(b) Where an employee (other than a casual employee) has completed twelve months service with the employer (or equivalent in the case of job share employees) and the employee is required by the employer to renew their first aid certificate the employee shall be entitled to time off without loss of pay for the purposes of completing the renewal course where the employee attends the course during ordinary working hours.
(vi) Qualification Allowances —
(a) An employee who has completed successfully the Commercial Cookery Basic Training Course at TAFE or a course deemed by the employer to be an equivalent qualification, shall be paid an additional allowance in accordance with Item 5 of the said Table 2, such amount shall be part of the ordinary rate of pay for all award purposes.
(b) An employee who has completed successfully the Hotel and Restaurant Cookery Course at the Sydney Technical college or a course deemed by the employer to be an equivalent qualification, shall be paid an allowance in accordance with Item 6 of the said Table 2, such amount shall be part of the ordinary rate of pay for all award purposes.
(c) An employee shall advise the employer of the date of completion of such course as specified in paragraph (a) and/or (b) of this subclause.
(vii) The rate of pay for a Support Worker (Qualified Cook) provided for in subclause (i) of clause 9, Wages, shall include any allowance for the responsibility of directing or supervising the duties of an assistant cook when such is employed.
(viii) Board and Lodging — An employer shall not be compelled to board and/or lodge any worker but where board and/or lodging are provided the employer shall be entitled to deduct in respect of all workers the following amounts:
(a) For full board of 21 meals per week, an amount equal to 18.5 per cent of the adult basic wage.
(b) For full lodging for 7 days per week, an amount equal to 7 per cent of the adult basic wage.
(c) Where by mutual consent, part board and/or part lodgings are provided the deductions referred to in subclauses (a) and (b), of this clause, may be made on a pro-rata basis. Non-residential employees shall not suffer any deductions for meals provided unless by mutual consent.
(ix) Authorised Supervisor Allowance — An employee (other than a Co-ordinator: Qualified or a Co-ordinator) who is required by the employer to act as an Authorised Supervisor in accordance with the Children (Care and Protection) Act 1997, as amended, shall be paid an amount as set out in Item 8, of the said Table 2.
11. SATURDAY AND SUNDAY WORK
(i) Ordinary Hours Shift Workers — Shift workers required to work their ordinary hours on a Saturday and/or Sunday shall as prescribed by subclause (i)(b) of clause 5, Hours, be paid for all time so worked at the following rates:
Saturday Work Time and one-half
Sunday Work Double time
(ii) The rates prescribed in this clause shall be in substitution for and not cumulative upon the shift work allowances prescribed in subclause (i) of clause 10, Additional Rates and Allowances.
(iii) Overtime — Day Workers —
(a) Overtime performed on Saturday shall be paid for at the rate of time and one half for the first three hours and double time thereafter with a minimum payment of not less than four hours at such rate.
(b) Overtime performed on Sundays shall be paid for at the rate of double time.
(iv) Overtime — Shift Workers —
(a) Overtime performed on Saturday shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
(b) Overtime performed on Sundays shall be paid for at the rate of double time.
12. OVERTIME
(i) Subject to subclause (iii) of this clause and subclauses (iii) and (iv) of clause 11, Saturday and Sunday Work, for all work done outside ordinary hours the rates of pay shall be time and one half for the first two hours and double time thereafter. In computing overtime each day's work shall stand alone.
(ii) Where overtime or extra shifts are required to be worked, the employer shall give preference for such work to employees as classified and covered by the terms of this award where it is reasonably practicable to do so.
(iii) Part-time employees — all hours worked in excess of ordinary hours shall be paid at ordinary time rates up to eight hours in any one week. Provided that no part-time employee shall be required to work for longer than eight hours in any one day without the payment of overtime. Any additional hours in excess of ordinary hours shall be paid at overtime rates unless seven days notice of such increase in hours is given or by mutual agreement between the employer and the employee to waive or shorten such period.
(iv) Meal Money: An employee required to work overtime in excess of one and one half hours shall either be paid an allowance in accordance with Item 7 of Table 2 of Part B, Monetary Rates or be supplied with a meal of equivalent value.
(v) Time Off in Lieu of Overtime: Where an employee performs duty on overtime the employee may at the employee’s request and with the agreement of the employer subsequently be released from duty in ordinary hours subject to the following conditions:
(a) The agreement shall be in writing and be kept with the time and wages records;
(b) Where an employee takes subsequent time off the relevant and equivalent period of overtime shall be paid for at ordinary rates of pay; all other overtime worked and in respect of which time off is not taken shall be paid for at the appropriate overtime rate otherwise provided in this award;
(c) Where an employee elects to take any period/s of time off in ordinary hours in accordance with this clause such time off shall be with pay and shall equate to the relevant period/s of overtime worked;
(d) Time off may be taken only in respect of overtime worked between Monday to Friday inclusive;
(e) Payment for any period/s of overtime worked and in relation to which the employee elects to take time off may be paid by the employer to the employee in the pay period in which the time off is taken;
(f) An employee may not accumulate more than 20 hours of equivalent time off which shall be taken within four weeks of its accrual. Where such time off is not taken the period/s of overtime referable thereto shall be paid for in the next relevant pay period at the appropriate overtime rate otherwise applicable.
13. PAYMENT OF WAGES
(i) Wages shall be paid weekly or fortnightly in ordinary working time. An employee kept waiting after the normal ceasing time for the payment of wages shall be paid at overtime rates from the normal ceasing time until payment is made. Casual employees shall be paid within one hour of the termination of the employment or on the normal pay day for the establishment.
(ii) Where an employer and employee agree, the employee may be paid the employee’s wages by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account.
(iii) Where payment is made by cheque the employer shall ensure that clearance of such cheque is made available by the appropriate bank or, alternatively, an employer may make a direct deposit by cheque to the appropriate bank for transfer to nominated employee accounts to ensure access by the employee to wages on the nominated pay day.
14. MISCELLANEOUS CONDITIONS
(i) Boiling Water — Hot water shall be provided by the employer where practicable.
(ii) Accommodation for Meals — Employers shall allow employees to partake of their meals, crib breaks or tea breaks in a suitable place protected from the weather and every such employee shall leave such place in a thoroughly clean condition.
(iii) Rubber Boots — Where employees are required to work outside or in toilets in wet conditions they shall be supplied with rubber boots, which should remain the property of the employer.
(iv) Rubber Gloves — Where employees are required to clean toilets or to use acids or other injurious substances or detergents they shall be supplied with rubber gloves, which shall remain the property of the employer and shall be replaced by the employer when unserviceable.
(v) Dressing Accommodation — Where it is necessary or customary for employees to change their dress or uniform suitable dressing rooms or dressing accommodation and individual lockable lockers shall be provided.
(vi) Clean overalls shall be supplied by the employer for all outdoor staff where such employee requires same.
(vii) A first aid kit shall be supplied and be readily available to all employees.
(viii) All materials, equipment, etc. required for the work and for cleaning purposes shall be supplied by the employer.
(ix) Protective clothing, overalls or uniforms supplied pursuant to this award shall remain the property of the employer and shall be returned upon termination of employment.
15. JOB SHARING
(i) Definitions — 'Job Sharing' may be defined as the occupation of a full-time or part-time position by two employees (job sharers) sharing all of the duties and responsibilities of the position.
(ii) General Employment Conditions —
(a) A job share position shall only be created by mutual agreement between the employer and the employee occupying the position to be job shared.
(b) Subject to the provisions of subclause (iii) of this clause relating to overtime, job sharers will be employed on pro rata hours, wages and conditions for the relevant classification or grade of the position filled.
(c) Employees occupying a full-time job share position shall not be entitled to be paid the part-time loading provided for in subclause (iv) Part-time Employees of clause 9, Wages.
(d) Before any job sharing arrangements are approved, the employer shall provide each prospective job sharer with a copy of this clause and obtain her or his acceptance of the job share position to be worked.
(e) Job sharers will discuss with the employer arrangements to determine how the job is to be split and agree the hours to be worked by each job sharer including the arrangements to be adopted when one job sharer is absent.
(f) Where a job share position is of a specific duration and instead of being filled by two existing employees an additional employee must be engaged to share the position, such additional employee shall be advised that the position is only available for the duration sought and approved.
(iii) Hours of Duty —
a) The hours of work of job sharers shall be worked in accordance with clause 5, Hours.
(b) The hours of job sharers once established will not be changed except by mutual consent of both the job sharers and the employer or subject to the operational requirement of the centre. Where an employer is required to change a job sharers hours because of the operational requirement of the centre, the employer shall give the job share employees notice in accordance with subclause (ii) of clause 5, Hours.
(c) The total weekly hours of job sharers of a full-time position shall not exceed an average of 38 hours per week to be worked in accordance with Clause 6, Implementation of the 38-Hour Week. Hours worked in excess of the arrangements set out in the said clause 6 by a job sharer shall be paid in accordance with clause 12, Overtime.
(d) Job Sharers shall not be entitled to accrue credits towards rostered days off provided for under clause 6, Implementation of 38-Hour Week and clause 7, Rostered Days Off Duty.
(iv) Leave —
(a) Job sharers shall be entitled to all leave provisions available under this award on a pro rata basis.
(b) Job sharers may take annual leave or other leave at the same time or separately.
(c) Job sharers may be asked and may agree to cover for the absences of the other job share employees. Such coverage may be either for part of the absence or for the full period.
(d) All leave arrangements wherever possible will be made by mutual agreement between both job sharers and the employer.
(e) Where a job share employee agrees to cover for the other job share employee whilst he or she is on leave, they shall be paid at ordinary rates for the extra days or extra hours worked subject to the provisions of paragraph (f) of this subclause.
(f) Where the absence of one job sharer on leave is covered by the other job sharer the aggregate number of hours worked shall not exceed those of a full-time employee without the payment of overtime.
(v) Redundancy — Subject to the provisions of clause 27, Redundancy of this award where a job share position is made redundant then the job sharers shall be entitled to the provisions of the said clause 27.
(vi) Termination of Employment
(a) The position of a job sharer may be terminated in accordance with the relevant provisions of clause 4, Contract of Employment of this award.
(b) Where one job sharer has terminated the position of the remaining job sharer shall not be prejudiced.
(c) Where one job-sharer has terminated, the position may be filled internally or externally provided that any replacement employee is advised of the job share nature of the position and particularly when the position is of a specific duration, or the remaining job-sharer may be offered the option of occupying the full position on a permanent basis.
(d) Any replacement employee shall also be advised of the provisions of this clause applying to the job share position.
16. RELIEVING IN OTHER POSITIONS
(i) Employees employed at work for which a higher rate is fixed shall be paid such higher rate whilst so employed. If employed for four hours or more on the higher class of work employees shall be paid the higher rate for the whole of that day.
(ii) Where an employee is called upon to perform duties for which a lower rate is fixed the employee shall suffer no deduction in pay.
17. SICK LEAVE
For exemptions to certain provisions of this clause for certain categories of employees, see clause 32, Exemptions of this award.
(i) If an employee absents himself or herself from work, except on account of personal illness or incapacity not due to the employee's serious and wilful misconduct, a proportionate deduction shall be made from his or her wages for the time lost by him or her.
(ii) The employee shall furnish to the employer such evidence as the employer may desire that the employee was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed; Provided that a Statutory Declaration shall be accepted in respect of any single day absences, but not more than two such declarations in any one year, and provided further that for sick leave absences which occur before or after a public holiday, rostered day off or weekend, the standard of proof shall be a medical certificate.
(iii) The employer shall not be liable to pay an employee for absence due to illness unless such employee has been employed continuously for three calendar months. Provided that any sick leave taken during the first three months shall be paid for at the end of the said three months subject to the provisions of subclauses (ii) and (iv), of this clause.
(iv) The employer shall not be liable to pay a permanent employee for absences due to sickness for more than five days in the first year and ten days in the second and subsequent year in the case of a full-time employee. A part-time employee shall be entitled to pro rata sick leave commensurate with the proportion which their ordinary hours bears to 38 hours. Provided that an employee who has been continuously employed by the same employer may accumulate any unclaimed sick leave each year which may be drawn upon at such time as absence on account of sickness warrants.
(v) The employee shall, as soon as reasonably practicable and in any case within 24 hours of the commencement of such absence, inform the employer of an inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.
(vi) The employer shall not be liable for sick pay to any employee whose illness is due to an accident covered by the Workers' Compensation Act, 1987.
(vii) Attendance at Hospital, etc — Notwithstanding anything contained in subclause (i), of this clause, a weekly employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which there is an entitlement to workers' compensation) necessitating his or her attendance during working hours on a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from his or her pay for the time (not exceeding four hours) so occupied on the day of the accident and shall be reimbursed by the employer for all expenses reasonably incurred in connection with such attendance and expenses shall include fares.
(viii) Definition of Week: For the purpose of this clause "week" means:
(a) In the case of part-time employees - the number of ordinary weekly hours regularly worked by such employees;
(b) in the case of all other weekly employees - thirty eight hours.
18. PUBLIC HOLIDAYS
(i) The days on which the following holidays are observed shall be holidays, namely, New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed as a public holiday throughout the State of New South Wales, and the Picnic Day of the Union which shall be held on the first Monday in August or such other day as is mutually agreed between the employer and the employee/s. Provided that for pre-schools operating 41 weeks per year only, the Picnic Day may be subsumed into a period of paid stand-down provided in clause 4(ii) of this award.
(ii) The above holidays falling on an ordinary working day shall be paid for if not worked, irrespective of such holidays falling in a vacation period.
(iii) Employees required to work on any of the above holidays shall be paid at the rate of double time and one-half with a minimum payment of four hours at such rate.
(iv) (a) Where a holiday occurs on the rostered day off of a seven day shift worker as provided for in subclause (i)(b) of clause 5, Hours; and
(1) the employee is not required to work on that day, the employer shall pay such employee eight hours' ordinary pay in respect of such day;
(2) the employee is required to work on that day, the employer shall pay such employee eight hours' ordinary pay in respect of such time and in addition at the rate of time and one-half for the first eight hours (with a minimum payment of four hours) and double time and one-half thereafter.
(b) The employer may, in lieu of the payment of eight hours' ordinary pay prescribed in paragraph (a) of this subclause, add a day to the annual leave period.
(c) Any day or days added in accordance with this subclause shall be the working day or working days immediately following the annual leave period to which the employee is entitled to under clause 19, Annual Leave, of this award.
(d) Where the employment of an employee has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act, 1944, to payment in lieu of an annual holiday with respect to a period of employment, the employee shall be entitled also to an additional payment for each day accrued to the employee under this clause at the appropriate ordinary rate of pay, if payment has not already been made in accordance with paragraph (a) of this subclause.
(v) For the purpose of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of the employee’s working hours fall on the holiday, in which case all time worked shall be regarded as holiday work; provided that if the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.
19. ANNUAL LEAVE
(i) All employees except seven day shift workers — see Annual Holidays Act, 1944.
(ii) Seven Day Shift Workers — in addition to the leave provided by section 3 of the Annual Holidays Act, 1944, a seven day shift worker at the end of each year of employment shall be entitled to the additional leave as prescribed below:-
(a) If during the year of employment the employee has served continuously as a seven day shift worker, the additional leave with respect to that year shall be one week.
(b) If during the year of employment the employee has served only a portion of it as a shift worker, the additional leave shall be 3.5 hours for each completed month of employment as a shift worker, or provided that where the additional leave is or comprises a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.
Where the employment of a seven day shift worker is terminated and the shift worker thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday with respect to a period of employment, he or the shift worker shall be entitled to an additional payment of 3.5 hours at such ordinary rate of pay for each completed month of service as a seven day shift worker.
(iii) For the purposes of this clause, a seven day shift worker means an employee whose ordinary working hours includes Sundays and/or holidays on which the shift worker may be regularly rostered for work.
20. ANNUAL LEAVE LOADING
(i) In this clause the Annual Holidays Act 1944, is referred to as "the Act".
(ii) Before an employee is given and takes his or her annual holiday, or where, by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance — see subclause (vi)).
(iii) The loading is payable in addition to the pay for the period of holidays given and taken and due to the employee under the Act and this award.
(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (Note: See subclause (vi) as to holidays taken wholly or partly in advance).
(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his or her annual holiday together with, where applicable, the following allowances prescribed by clause 10, Additional Rates and Allowances, in subclause (vii) Leading Hands and subclause (vi) Qualification Allowances of this award, but shall not include any other allowances, penalty rates, shift allowances, overtime rates or any other payment prescribed by this award.
(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; Provided that, if the employment of such an employee continues until the day when he or she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday, and is to be calculated in accordance with subclause (v), of this clause, applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises after that date.
(vii) Where, in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned -
(a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v), of this clause;
(b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him or her under the Act such proportion of the loading that would have been payable to him or her under this clause if he or she had become entitled to an annual holiday prior to the close down as his or her qualifying period of employment in completed weeks bears to 52.
(viii) (a) When the employment of an employee terminates for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he or she became entitled he or she shall be paid a loading calculated in accordance with subclause (v), of this clause, for the period not taken.
(b) Except as provided in paragraph (a), of this subclause, no loading is payable on the termination of an employee's employment.
(ix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he or she had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.
21. LONG SERVICE LEAVE
See Long Service Leave Act 1995.
22. PARENTAL LEAVE
See Appendix B to this award.
23. PERSONAL/CARERS LEAVE
For exemptions to the provisions of this clause for certain categories of employees see clause 34, Exemptions of this award.
1. Use of sick leave
1.1 An employee with responsibilities in relation to a class of person set out in 1.3(ii) who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after September 12th, 1996 for absences to provide care and support for such persons when they are ill.
1.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
1.4 An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave 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 —
2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 1.3(ii) above who is ill.
3. Annual leave —
3.1 To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.
3.2 Access to annual leave, as prescribed in paragraph 3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
4. Time Off in Lieu of Payment for Overtime
4.1 An employee may elect, with the consent of their employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
4.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under paragraph 4.1 of this subclause where such time has not been take within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under 4.1 above as an overtime payment or as time of work at the ordinary time rate of pay.
5. Make-up time —
5.1 An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
6. Grievance process —
6.1 In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with the dispute settling provisions of this award.
24. BEREAVEMENT LEAVE
(i) An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person prescribed in (iii) below. Provided that where the death of a relative as defined occurs outside Australia and a memorial service is held, one day's leave without loss of any ordinary pay shall be allowed.
(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed by 1.3 (ii) of clause 23 Personal/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Bereavement leave may be taken in conjunction with other leave available under subclauses 1,2,3,4 and 5 of clause 23 Personal/Carer's Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
25. JURY SERVICE
(i) An employee shall be allowed leave of absence during any period when required to attend for jury service.
(ii) During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's normal rate of pay as if working.
(iii) An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.
26. ATTENDANCE AT REPATRIATION CENTRES
Weekly employees, being ex-service personnel, shall be allowed as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; provided that:
(a) Such lost time does not exceed four hours on each occasion and a maximum of twenty hours per annum.
(b) The employee produces evidence satisfactory to the employer that he or she is so required to and subsequently does attend a repatriation centre.
27. REDUNDANCY
(i) Application —
(a) This clause shall apply in respect of full time and part time employees as set out in clause 9, Wages.
(b) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of subclause (v) of this clause.
(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(ii) Introduction of Change —
(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(b) 'Significant effects' include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(iii) Employers Duty to Discuss Change —
(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause (ii) of this clause.
(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(iv) Discussions before Terminations —
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.
(c) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(v) Notice For Changes In Production, Program, Organisation or Structure — This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'production', 'program', 'organisation' or 'structure' in accordance with paragraph (a) of subclause (ii) of this clause.
(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:
Period of continuous service Period of Notice
Less than 1 year 1 week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4 weeks
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of 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.
(vi) Notice For Technological Change — This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'technology' in accordance with paragraph (a) of subclause (ii) of this clause:
(a) In order to terminate the employment of an employee the employer shall give to the employee 3 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.
(vii) 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.
(viii) Employee Leaving During The Notice Period — If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(ix) 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.
(x) Notice to Centrelink — Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(xi) Centrelink Separation Certificate — The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an 'Employment Separation Certificate' in the form required by Centrelink.
(xii) Transfer To Lower Paid Duties — Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.
(xiii) Severance Pay — Where the employment of an employee is to be terminated pursuant to subclause (v) of this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
Years of Service Under 45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16 weeks
(b) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
Years of Service 45 Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20 weeks
(c) 'Weeks Pay' means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and all purpose allowances paid in accordance with this award.
(xiv) Incapacity To Pay —Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause.
The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (xiii) of this clause will have on the employer.
(xv) Alternative Employment — Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause if the employer obtains acceptable alternative employment for an employee.
(xvi) Procedures Relating to Grievances — Grievances relating to individual employees will be dealt with in accordance with clause 31, Dispute Settling Procedure' of this award.
28. IN-SERVICE - PRE-SCHOOLS AND OUT OF SCHOOL HOURS CARE CENTRES
(i) This clause shall apply only to pre-schools operating 41 weeks per year and out of school hours care centres operating 41 weeks per year.
(ii) Employees may be required to attend in-service courses totalling up to an accrued value time of 38 hours duration in any calendar year. In computing attendance at in-service courses, each year shall stand alone.
(iii) Attendance at such in-service courses may be during stand-down (non-term) time.
(iv) An employee attending in-service courses outside his or her ordinary hours of work shall accrue such hours as 'accrued value time' at the rate of one and a half hours accrued for each of the first two hours of such in-service attended and two hours accrued for each additional hour of in-service attendance thereafter. In computing 'accrued value time' each day's in-service shall stand alone.
Such 'accrued value time' shall count towards hours of attendance at in-service courses in accordance with subclause (ii) of this clause.
29. EXAMINATION AND STUDY LEAVE
An employee who for the purpose of obtaining the Associate Diploma of Social Science (Child Studies) enrols at a College of Technical and Further Education shall be granted leave with pay on the day of any examination required in the course. Provided that such leave of absence shall only be approved where a month's prior notice is given to enable alternate staffing arrangements to be effected.
30. SUPPORTED WAGE
Definition:
(a) This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:
(i) “Supported wage system” means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in “(Supported Wage System: Guidelines and Assessment Process)”.
(ii) “Accredited assessor” means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.
(iii) “Disability support pension” means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
(iv) “Assessment instrument” means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
Eligibility criteria:
(b) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of Disability Support Pension.
(The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment).
(The award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of , or eligible for, a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part only has received recognition, that part).
Supported wage rates —
(c) Employees to whom this clause applies shall be paid the applicable percentage of the rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
Assessed Capacity Rate % of Prescribed Award
(Subclause (d))
*10% 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
Provided that the amount payable shall not be less than $45.00 per week.
* Where a person’s assessed capacity is ten percent, they shall receive a high degree of assistance and support.
Assessment of capacity:
(d) For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:
(i) the employer and the union party to the award, in consultation with the employee or, if desired by any of these.
(ii) the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.
Lodgement of assessment instrument:
(e) (i) All assessment instruments under the condition of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.
(ii) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union which is party to the award/agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.
Review of assessment:
(f) The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.
Other terms and conditions of employment:
(g) Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro rata basis.
Workplace adjustment:
(h) An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
Trial Period:
(i) (i) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provision of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
(ii) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(iii) The minimum amount payable to the employee during the trial period shall be no less than $45.00 per week.
(iv) Work trials should include induction or training as appropriate to the job being trialed.
(v) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (d) of this clause.
31. SUPERANNUATION
A. DEFINITIONS —
(i) “ASSET” means the Australian Superannuation Savings Employment Trust constituted by deed made 14 October 1987.
(ii) “HESTA” means the Health Employees Superannuation Trust Australia, constituted by deed made 30 July 1987.
(iii) “Union” means The Australian Liquor, Hospitality and Miscellaneous Workers Union of Australia, New South Wales Branch.
(iv) “Eligible employee” means:
(a) a full—time employee engaged under the terms and conditions of this Award.
(b) a part-time or casual employee engaged under the terms and conditions of the above Award who earns two hundred dollars ($200.00) or more per calendar month.
(v) “Ordinary time earnings” means the weekly rate of pay for the employee’s classification (including leading hand allowances, broken shift allowance, excess fares allowance, toilet cleaning allowance, qualification allowances and shift work premiums) and any overaward payments for ordinary hours of work.
B. FUND —
(i) For the purposes of this clause, contributions made by employers shall be made as follows:
(a) the employer shall offer each employee a choice between H.E.S.T.A. and A.S.S.E.T.
(b) the employee shall nominate the fund into which contributions shall be made.
(ii) Each employer bound by this award shall sign and execute an agreement to become a participating employer to either H.E.S.T.A. or A.S.S.E.T. dependent upon the fund chose by the employee.
(iii) Each employer bound by this award shall become party to H.E.S.T.A. or A.S.S.E.T. upon the acceptance of the respective Trustee of a Deed of Adoption, duly signed and executed by each employer and the respective Trustee.
(iv) An employee shall become eligible to join H.E.S.T.A. or A.S.S.E.T. in accordance with the following:
(a) in the case of an employee who is employed at 1 July 1988, from the beginning of the first pay period commencing on or after 1 July 1988, and
(b) in the case of an employee employed after 1 July 1988, from the beginning of the first pay period commencing on or after the employee’s date of engagement.
(v) An employer shall take all necessary steps to ensure an eligible employee becomes a member of the fund.
C. CONTRIBUTIONS —
(i) Each employer shall pay to the respective Trustee in respect of each eligible employee an amount equal to three percentum of employee’s ordinary time earnings for all ordinary hours worked from the date the employee becomes eligible in accordance with clause 3(iv) of this award.
(ii) A pro-rata deduction shall be made from the weekly contribution payable for any unauthorised absence of at least one day’s duration.
(iii) An employer shall not be required to contribute during any period of unpaid leave - such as unpaid sick leave, maternity leave or the like, or periods of workers compensation beyond the expiry of any entitlement to full pay in accordance with the Workers Compensation Act 1987. Further an employer shall not be required to make additional contributions in respect of annual leave paid out on termination.
(iv) Contributions shall be made at the end of each calendar month for periods of employment worked during that month.
(v) Notwithstanding the date upon which an employee signs an Application Form, contributions in accordance with subclause (i) of this clause shall be made from the date when the employee became eligible for membership.
D. RECORDS — The employer shall retain all records relating to the calculation of payments due to the fund/s in respect of each employee and such records shall be retained for a period of six years.
E. EXEMPTIONS — Employers of employees who are contributions or eligible to become contributors to the following Superannuation Funds or any scheme/s replacing such Funds shall be exempt from the provisions of this Award:
State Superannuation Fund.
State Public Service Superannuation Scheme.
Public Authorities Superannuation Scheme.
32. 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 and age.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
33. DISPUTE SETTLING PROCEDURE
The parties agree that, subject to the provisions of the New South Wales Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.
(i) Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee(s) and the employee's immediate supervisor.
(ii) If the matter is not resolved at this level, it will be further discussed between the affected employee(s), the union delegate (if any) or contact and the employer. Both the employer's industrial representative and the employee's union representative may be notified.
(iii) If no agreement is reached the union representative or contact will discuss the matter with the employer's nominated industrial relations representative.
(iv) Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(v) Should the matter still not be resolved it may be referred by the parties to the Industrial Relations Commission of New South Wales for settlement.
34. EXEMPTIONS
The provisions of clause 23, Personal/Carer's Leave, clause 24 Bereavement Leave and subclause (iv) of clause 17, Sick Leave shall not apply to employees of the following:
(a) licensed child care centres, child minding centres, day nurseries and pre-school kindergartens attached to or operated by a non-Government school; or
(b) licensed child care centres, child minding centres, day nurseries and pre-school kindergartens operated by a Catholic Diocese, a Catholic religious order or a Catholic parish; or
(c) licensed child care centres, child minding centres, day nurseries and pre-school kindergartens operated by the following organisations:
(A) Society of St Vincent de Paul;
(B) AMIGOSS Co-operative Limited;
(C) Camperdown Child Care Centre Limited;
(D) Wunanbiri Pre-School; and
(E) St Patrick's SHOOSH Care Association Inc.
Such employees shall continue to be entitled to family leave provisions and additional sick leave in the first year of employment contained in the Miscellaneous Workers Kindergartens and Child Care Centres Family Leave (Catholic Kindergartens, Child Care Centres and Others and Independent Schools) (State) Award published 20 October 2000 (319 497).
35. AREA, INCIDENCE AND DURATION
This award replaces the Miscellaneous Workers Kindergartens and Child Care Centres &c. (State) Award, published 11 April 1997 (297 I.G. 874), and all variations thereof, and the Miscellaneous Workers’ Kindergartens and Child Care Centres (State) Superannuation Award published 8 June 1990 (256 I.G. 939).
It shall apply to all persons of the classes herein provided for within the jurisdiction of the Kindergartens, &c. (State) Industrial Committee.
The changes made to the award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on 2 February 2001.
This award remains in force until varied or rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 — Wages
|Classification |Weekly Rate From First Pay Period on or |
| |After 27 November 2000 |
|Support Worker |445.40 |
|Support Worker (Qualified Cook) |459.00 |
|Child Care Worker — | |
|Step 1 |440.80 |
|Step 2 |445.40 |
|Step 3 |449.80 |
|Step 4 |454.40 |
|Advance Child Care Worker | |
|Step 1 |465.30 |
|Step 2 |477.30 |
|Step 3 |488.20 |
|Advanced Child Care Worker Qualified | |
|Step 1 |527.50 |
|Step 2 |536.60 |
|Step 3 |545.80 |
|Co-ordinator — Unqualified Small | |
|Step 1 |484.50 |
|Step 2 |496.50 |
|Step 3 |507.40 |
|Co-ordinator — Unqualified Large | |
|Step 1 |494.10 |
|Step 2 |506.00 |
|Step 3 |517.00 |
|Co-ordinator — Qualified Small | |
|Step 1 |554.30 |
|Step 2 |563.40 |
|Step 3 |572.60 |
|Co-ordinator — Qualified Large | |
|Step 1 |573.40 |
|Step 2 |582.50 |
|Step 3 |589.70 |
Table 2 — Additional Rates And Allowances
From The First Pay Period On Or After
28 August 2000
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |10(ii)(a) |Broken Shift |45.30 per week |
| | | |9.10 per day |
|2 |10(ii)(b) |Excess Fares |6.00 per week |
|3 |10(iii) |Uniform: Laundry Allowance |3.70 per week |
|4 |10(iv) |Cooks Uniforms: Laundry Allowances |5.90 per week |
|5 |10(vi)(a) |Qualification Allowance Commercial Cookery Basic Certificate | |
| | | |4.50 per week |
|6 |10(vi)(b) |Hotel and Restaurant Cookery certificate |9.60 per week |
|7 |12(iv) |Meal Money |4.70 per meal |
|8 |10(ix) |Authorised Supervisor |13.20 per week |
APPENDIX “A”— RECORD OF CASUAL EMPLOYMENT
EMPLOYEE’S RECORD TO BE MAINTAINED BY EMPLOYEE
|1. |Name: | | |
|2. |Number of years of training: | | |
|3. |Name of qualification: | | |
|4. |Year of attainment of this qualification: | |
|Period of |No. of days/hours |Name, address and |Signed by Centre |
|engagement |worked in total, |telephone number |Director |
|(from date to date) |classification; |of Centre |(signature, date and name) |
| |years trained & step | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
APPENDIX B — PARENTAL LEAVE
Set out below are the provisions relating to Parental Leave contained in Part 4, Chapter 2, of the Industrial Relations Act 1996.
Division 1 — Parental Leave Generally
53. Employees to Whom Part Applies — This Part applies to all employees, including part time employees, but does not apply to casual or seasonal employees.
54. Entitlement to Unpaid Parental Leave —
(1) An employee is entitled to a total of 52 weeks unpaid parental leave in connection with the birth or adoption of a child, as provided by this Part.
(2) Parental leave is not to extend beyond 1 year after the child was born or adopted.
Note: See also Part 5 relating to entitlements to part time work agreements.
55. What is Parental Leave?
(1) For the purposes of this Part, parental leave is maternity leave, paternity leave or adoption leave.
(2) Maternity leave is 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.
(3) Paternity leave is leave taken by a male employee in connection with the birth of a child of the employee or of the employee’s spouse. Paternity leave consists of:
(a) 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), and
(b) a further unbroken period in order to be the primary care-giver of the child (extended paternity leave).
(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 5 years (other than a child who has previously lived continuously with the employee for a period of at least 6 months or who is a child or step child of the employee or of the employee’s spouse). Adoption leave consists of:
(a) an unbroken period of up to 3 weeks at the time of the placement of the child with the employee (short adoption leave), and
(b) a further unbroken period in order to be the primary care giver of the child (extended adoption leave).
(5) For the purposes of this Part, spouse includes a de facto spouse.
NOTE: Employees are also entitled to special maternity leave for recovery from a termination of pregnancy or illness related to pregnancy (section 71) and to special adoption leave up to 2 days to attend interviews or examinations for the purposes of adoption (section 72). The requirement of unbroken periods of leave is subject to section 63 (employee and employer may agree to interruption of parental leave by return to work).
56. This Part Provides Minimum Entitlements —
(1) This Part sets out the minimum entitlements of employees to parental leave.
(2) The provisions of an industrial instrument, contract of employment or other agreement (whether made or entered into before or after the commencement of this Part) do not have effect to the extent that they provide an employee with a benefit that is less favourable to the employee than the benefit to which the employee is entitled under this Part.
57. Length of Service for Eligibility —
(1) An employee is entitled to parental leave only if the employee has had at least 12 months of continuous service with the employer.
(2) Continuous service is service under one or more unbroken contracts of employment, including:
(a) any period of authorised leave or absence, and
(b) any period of part time work.
NOTE: Under Part 8 of this Chapter a period of service in the business of a former employer counts as service with a new employer to whom the business concerned has been transferred.
58. Notices and Documents Required to be Given to Employer
(1) Maternity Leave — The notices and documents to be given to the employer for the purposes of taking maternity leave are as follows:
(a) The employee should give a least 10 weeks’ written notice of the intention to take the leave.
(b) The employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which she proposes to start and end the period of leave.
(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that she is pregnant and the expected date of birth.
(d) The employee must, before the start of leave, provide a statutory declaration by the employee stating, if applicable, the period of any paternity leave sought or taken by her spouse.
(2) Paternity Leave — The notices and documents to be given to the employer for the purposes of taking paternity leave are as follows:
(a) In the case of extended paternity leave, the employee should give at least 10 weeks’ written notice of the intention to take the leave.
(b) The employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which he proposes to start and end the period of leave.
(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that his spouse is pregnant and expected date of birth.
(d) In the case of extended paternity leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:
(i) if applicable, the period of any maternity leave sought or taken by his spouse, and
(ii) that he is seeking that period of extended paternity leave to become the primary care giver of a child.
(3) Adoption Leave — The notices and documents to be given to the employer for the purposes of taking adoption leave are as follows:
(a) In the case of extended adoption leave, the employee should give written notice of any approval or other decision to adopt a child at least 10 weeks before the expected date of placement.
(b) 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 14 days before proceeding on leave.
(c) 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.
(d) In the case of extended adoption leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:
(i) if applicable, the period of any adoption leave sought or taken by his or her spouse, and
(ii) that the employee is seeking that period of extended adoption leave to become the primary care giver of a child.
(4) An employee does not fail to comply with this section if the failure was caused by:
(a) the child being born (or the pregnancy otherwise terminating) before the expected date of birth, or
(b) the child being placed for adoption before the expected date of placement, or if it was not otherwise reasonably practicable to comply in the circumstances.
In the case of the birth of a living child, notice of the period of leave is to be given within 2 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 2 weeks after the placement of the child.
(5) An employee must notify the employer of any change in the information provided under this section within 2 weeks after the change.
(6) If required by the employer, an employee who applies for parental leave is to give the employer a statutory declaration, or enter into an agreement with the employer, that for the period of the leave the employee will not engage in any conduct inconsistent with the employee’s contract of employment.
59. Continuity of Service —
(1) Parental leave does not break an employee’s continuity of service, but is not to be taken into account in calculating an employee’s period of service for any purpose.
(2) However, parental leave counts as service for any purpose authorised by law or by any industrial instrument or contract of employment.
60. Parents Not to Take Parental Leave at the Same Time —
(1) An employee is not entitled to parental leave at the same time as his or her spouse is on parental leave under this Part.
(2) If this section is contravened the period of parental leave to which the employee is entitled under this Part is reduced by the period of leave taken by his or her spouse.
(3) This section does not apply to short paternity leave or short adoption leave.
61. Cancellation of Parental Leave —
(1) Before Starting Leave — Parental leave applied for but not commenced is automatically cancelled if:
(a) the employee withdraws the application for leave by written notice to the employer, or
(b) the pregnancy concerned terminates other than by the birth of a living child or the placement of the child concerned does not proceed.
(2) After Starting Leave — If:
(a) the pregnancy of an employee or an employee’s spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, or
(b) the child in respect of whom an employee is then on parental leave dies, or
(c) 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 his or her employer within 2 weeks after the date on which the employee gives his or her employer a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.
(3) Special Leave Not Affected — This section does not affect an employee’s entitlement to special maternity leave under section 71.
62. Parental Leave and Other Leave —
(1) An employee may take any annual leave or long service leave (or any part of it) to which the employee is entitled instead of or in conjunction with parental leave.
(2) However, the total period of leave cannot be so extended beyond the maximum period of parental leave authorised by this Part.
(3) Any paid sick leave or other paid absence authorised by law or by an industrial instrument or contract of employment is not available to an employee on parental leave, except if the paid absence is annual leave or long service leave or with the agreement of the employer.
63 Employee and Employer may Agree to Interruption of Parental Leave by Return to Work
(1) An employee on parental leave may, with the agreement of the employer, break the period of leave by returning to work for the employer, whether on a full time, part time or casual basis.
(2) The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by this Part.
(3) Nothing in this section affects any other work undertaken by the employee during parental leave.
NOTE: Section 58(6) requires the employee when taking parental leave to provided the employer with a statutory declaration, or enter into an agreement with the employer, that the employee will not engage during leave in any conduct inconsistent with the employee’s contract.
64. Extension of Period of Parental Leave —
(1) An employee may extend the period of parental leave once only by giving the employer notice in writing of the extended period at least 14 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 Part.
(2) An employee may extend the period of parental leave at any time with the agreement of the employer. The period of leave can be extended by such an agreement beyond the maximum period of leave authorised by this Part.
(3) This section applies to an extension of leave while the employee is on leave or before the employee commences leave.
65. Shortening of period of Parental Leave — An employee may shorten the period of parental leave with the agreement of the employer and by giving the employer notice in writing of the shortened period at least 14 days before the leave is to come to an end.
66. Return to Work After Parental Leave —
(1) An employee returning to work after a period of parental leave is entitled to be employed in:
(a) the position held by the employee immediately before proceeding on that leave, or
(b) if the employee worked part time because of the pregnancy before proceeding on maternity leave - the position held immediately before commencing that part time work, or
(c) if the employee was transferred to a safe job under section 70 before proceeding on maternity leave — the position held immediately before the transfer.
(2) If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee’s former position.
(3) This section extends to a female employee returning to work after a period of leave under section 71 (special maternity leave and sick leave).
(4) An employer who does not make available to an employee a position to which the employee is entitled under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
NOTE: An employee returning to work after parental leave may also have an entitlement to work part time under an industrial instrument or a part time work agreement under Part 5.
Division 2 — Miscellaneous Provisions
67. Employer’s Obligations —
(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, an employer must inform the employee of:
(a) the employee’s entitlements to parental leave under this Part, and
(b) the employee’s obligations to notify the employer of any matter under this Part.
An employer cannot rely on an employee’s failure to give a notice or other document required by this Part unless the employer establishes that this subsection has been complied with in relation to the employee.
(2) Records — An employer must keep, for at least 6 years, a record of parental leave granted under this Part to employees and all notices and documents given under this Part by employees or the employer.
Maximum penalty: 20 penalty units.
68. Termination of Employment Because of Pregnancy or Parental Leave —
(1) An employer must not terminate the employment of an employee because:
(a) the employee or employee’s spouse is pregnant or has applied to adopt a child, or
(b) the employee or employee’s spouse has given birth to a child or has adopted a child, or
(c) the employee has applied for, or is absent on, parental leave, but otherwise the rights of an employer in relation to termination of employment are not affected by this Part.
Maximum penalty: 100 penalty units.
(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 one of two or more reasons for termination.
(3) This section does not affect any other rights of a dismissed employee under this or any other Act or under any industrial instrument or contract of employment, or the rights of an industrial organisation representing such an employee.
NOTE: A dismissed employee may also make a claim under Part 6 (unfair dismissals).
69. Replacement Employees —
(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).
(2) Before a replacement employee is employed, the employer 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.
Maximum penalty: 50 penalty units.
(3) A reference in this section to an employee proceeding on parental leave includes a reference to a pregnant employee exercising a right under section 70 to be transferred to a safe job.
70. Transfer to a Safe Job
(1) This section 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 employer under the Occupational Health and Safety Act 1983.
(2) The employer is to temporarily adjust the employee’s working conditions or hours of work to avoid exposure to that risk.
(3) If such an adjustment is not feasible or cannot reasonably be required to be made, the employer is to transfer the employee to other appropriate work that:
(a) will not expose her to that risk and
(b) is as nearly as possible comparable in status and pay to that of her present work.
(4) If such a transfer is not feasible or cannot reasonably be required to be made, the employer is to grant the employee maternity leave under this Part (or any available paid sick leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.
(5) An employer who does not comply with any obligation imposed on the employer by this section is guilty of an offence.
Maximum penalty (subsection (5)): 50 penalty units.
71 Special Maternity Leave and Sick Leave — If the pregnancy of an employee terminates before the expected date of birth (other than by the birth of a living child), or she suffers illness related to her pregnancy, and she is not then on maternity leave:
(a) 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, or
(b) 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 for her return to work.
72. Special Adoption Leave — An employee who is seeking to adopt a child is entitled to up to 2 days unpaid leave if the employee requires that leave to attend compulsory interviews or examinations as part of the adoption procedure.
P. J. SAMS D.P.
KINDERGARTENS, &c., (STATE) INDUSTRIAL COMMITTE
INDUSTRIES AND CALLINGS
All persons employed in or in connection with child care, child minding centres, day nurseries and pre-school kindergartens in the State, excluding the County of Yancowinna;
excepting —
Persons employed as teachers or teachers in training but not excepting unqualified teachers’ aides, helpers or assistants;
Persons employed as teachers’ aides in pre-school kindergartens and nurseries within the grounds of public schools;
Persons employed by the Department of Corrective Services;
Drivers of vehicles;
Employees of all city, municipal, shire and county councils;
Employees in child minding centres in public hospitals;
and excepting also employees within the jurisdiction of the following Industrial Committees —
Private Hospital Employees (State);
Trained Nurses, &c. Other Than In Hospitals, &c, (State);
Voluntary Care Association Employees (State).
Printed by the authority of the Industrial Registrar.
(1576) SERIAL C0083
CROWN EMPLOYEES LEARNING AND DEVELOPMENT
OFFICERS (STATE EMERGENCY SERVICE 2000) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales, industrial organisation of employees.
(No. IRC 4 of 2001)
Before the Honourable Justice Boland 2 February 2001
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. General Conditions of Employment
4. Salaries
5. Working Hours and Flexible Leave Entitlement
6. Operational Overtime
7. Grievance Procedures
8. Dispute Resolution Procedures
9. Motor Vehicle
10. Anti-Discrimination
11. Area, Incidence and Duration
PART B
MONETARYRATES
Table 1 — Salary Schedule
PART A
1. TITLE
1.1 This award will be known as the Crown Employees Learning and Development Officers (State Emergency Service 2000) Award.
2. DEFINITIONS
2.1 “Act” means the Public Sector Management Act 1998.
2.2 “Award” means this Crown Employees (Learning and Development Officer State Emergency Service 2000) Award.
2.3 “SES” means the State Emergency Service as described in the State Emergency Service Act 1989 No 164.
2.4 “SES Act” means the State Emergency Service Act 1989 No. 164.
2.5 “Regulation” means the State Emergency Service Regulation 1996 as amended under the State Emergency Service Act 1989 No 164.
2.6 “Director General” means the Chief Executive Officer of the State Emergency Service as listed in column 2 of Schedule 1 of the Public Sector Management Act 1988.
2.7 “Learning and Development Officer” or “LDO” means an officer permanently or temporarily employed in the SES either as a full-time, or part-time employee, in any capacity under the provisions of part 2 of the Public Sector Management Act 1988, and includes an officer on probation.
2.8 “Association” means the Public Service Association of New South Wales.
2.9 “PEO” means the Public Employment Office, who is the employer for industrial purposes under Section 62 of the Public Sector Management Act 1988.
2.10 “Position” means a position, both full-time and part-time, pursuant to Section 8 of the Public Sector Management Act 1988.
2.11 “Salary Rates” means the ordinary time rate of pay for the Learning and Development officer’s grading excluding allowance for “After Hours Duty Officer” and all other allowances not regarded as salary.
3. GENERAL CONDITIONS OF EMPLOYMENT
3.1 Conditions of employment for all Learning and Development Officers shall be in accordance with the provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award except where varied by this Award and with the following Awards and Agreements as varied from time to time:
Crown Employees (Transferred Officers Compensation) Award.
Crown Employees (Transferred Officers/Excess Rent) Agreement No 2354 of 1981.
3.2 The provisions of this award are to apply to part-time workers on a pro-rata basis.
4. SALARIES
4.1 The Learning and Development Officers will be remunerated in accordance with the Crown Employees (Public Sector Salaries January 2000) Award as varied or an award replacing it. Salaries at the time of making this award are set out in Table 1 — Salary Schedule Part B Monetary Rates.
4.2 Appointment of Learning and Development officers shall be in accordance with the Public Sector Management (General) Regulation.
4.3 A flexible and adaptable approach to working hours shall be adopted to meet peak demands, unit and volunteer demands, and the personal circumstances of the State Training Team. Much of the work performed is during the evening or on weekends. The parties agree that the requirements will be no more than 40 days of weekend and public holiday work per annum and 80 occasions of evening work. The parties recognise that there could be variations to these requirements from time to time.
4.4 An allowance of 15% of the Learning and Development Officer’s gross annual salary will be paid in lieu of non-operational overtime and in recognition of the pattern of work. No non-operational overtime is anticipated.
5. WORKING HOURS AND FLEXIBLE LEAVE ENTITLEMENT
5.1 LDO’s will be able to accumulate flexitime credits beyond their contract hours. Flexitime entitlements will be the same as the current flexible working arrangements of the Department, i.e. LDO’s will be able to take up to five flexidays per flex period and can carry over up to 21 hours credit per flex period. There will be no bandwidth or coretime. Contract hours of 35 hours per week will be worked on any day Monday to Sunday and will include travel time.
5.2 LDOs will not be required to work more than 5 days in a row without at least one day off.
6. OPERATIONAL OVERTIME
6.1 Access to overtime can only occur during operations when flexitime has been suspended.
6.2 Learning and Development Officers who are required to work operational overtime will be paid at the normal rate of pay including the 15% loading for the first seven hours, and overtime thereafter, excluding the 15% loading and meal breaks. When flexitime is suspended rest days are deemed to be Saturdays and Sundays.
6.3 If a Learning and Development Officer is required to perform duty as the after hours duty officer the following payments will be applicable:
(a) Weekdays — 2/9ths of a day’s salary including loading.
(b) Weekends — 1/3rd of a day’s salary including loading.
7. GRIEVANCE PROCEDURES
7.1 Grievance procedures will be in accordance with the SES Grievance Policy.
8. DISPUTE RESOLUTION PROCEDURES
8.1 The aim of the Dispute Resolution Procedures is to ensure that, during the life of this Award, industrial disputes or grievances are prevented, or resolved as quickly as possible, at the level closest to the incident (with graduated steps for further attempts at resolution at higher levels within SES, if required).
8.2 When a dispute or grievance arises, or is considered likely to arise, the following steps shall be followed:
(a) Stage 1 — The LDO(s) should notify their supervisor of the substance of the grievance, dispute or difficulty, request a meeting and, if possible, clearly state their preferred outcome.
(b) Stage 2 — If the issue is not resolved within the Office, the LDO may refer the matter to the Manager Personnel.
A confidential meeting should be held within two working days.
(c) Stage 3 — If the matter is not resolved at the second meeting, the LDO may refer the matter to the Director General.
A confidential meeting should be held within two working days.
If the matter is not resolved, all parties involved in the grievance will be provided with a written response explaining the actions to be taken or the reasons for the SES taking no further action.
(d) Stage 4 — If the matter remains unresolved it may be referred to the New South Wales Industrial Relations Commission by the officer (s), the Associations, or the Director General.
8.3 At any stage of this process either party may request that the situation be referred to an independent mediator. During any stage of this process members of a registered trade union may request that an Association representative be present.
8.4 During the process of resolving a grievance, normal work is to continue except in the case of a dispute involving Occupational Health and Safety where the safety of staff is jeopardised. If practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any officer, or member of the public.
8.5 The LDO(s), Association and the SES will be bound by any lawful recommendation, order or determination by the NSW Industrial Relations Commission in relation to the grievance, dispute or difficulty.
9. MOTOR VEHICLE
9.1 Learning and Development Officers are provided with a departmental motor vehicle and have standing approval for limited personal use that does not preclude availability for operational response.
10. ANTI-DISCRIMINATION
10.1 It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
11. AREA, INCIDENCE AND DURATION
The award will apply to all Learning and Development Officers employed in the State Emergency Service from the first full pay period to commence on or after 11 January 2001 and shall remain in force for a period of three years.
PART B
MONETARY RATES
Table 1 — Salary Schedule
Salary of Full-time Learning and Development Officers
1st year of service $49,800 pa
2nd year of service $51,260 pa
3rd year of service $52,795 pa
Thereafter $54,375 pa
R. P. BOLAND J.
____________________
Printed by the authority of the Industrial Registrar.
(465) SERIAL C0101
NUGAN QUALITY FOODS PTY LTD EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notification of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 5831 of 1999)
Before the Honourable Justice Marks 30 March 2001
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination and Harassment
3. Rates of Pay
4. Seasonal Casual Employment
5. Casual and Seasonal Employment
6. Hours
7. Overtime
8. Holidays
9. Annual Leave
10. Long Service Leave
11. Sick Leave
12. Personal Carer’s Leave
13. Bereavement Leave
14. Terms of Employment
15. Redundancy
16. Payment of Wages
17. Meal Allowance
18. Morning and Afternoon Tea
19. Dining/Rest Rooms and Lockers
20. First-aid service
21. Protective Clothing
22. General Conditions
23. Time Books and Inspection
24. Job Representatives
25. Mixed Functions
26. Dispute Settling Procedure
27. Superannuation
28. Skills
29. Structural Efficiency
30. Flexibility
31. Recognised Industrial Organisation of Employees
32. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 ( Total Wage Rates
Table 2 ( Other Rates and Allowances
2. Anti-Discrimination and Harassment
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(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 (NSW) it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) Any conduct or act which is specifically exempted from anti-discrimination legislation.
(b) Offering or providing junior rates of pay to persons under 21 years of age.
(c) Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW)
(d) A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides :
“Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”
3. Rates of Pay
(1) Adults — An employee of a classification prescribed in Table 1 — Total Wage Rates, of Part B, Monetary Rates, shall be paid the total wage rate assigned to that classification plus the supplementary payment as set out in Item 1 of Table 2 — Other Rates and Allowances, of Part B.
(2) Whilst working in and out of freezer, an additional amount as set out in Item 2 of Table 2 shall be paid.
(3) Leading Hands — Employees appointed in charge of other employees shall be paid the amount as set out in Item 3 of Table 2 per week for all purposes, in addition to the total weekly wage prescribed in Table 1.
(4) Casual Employees — A casual employee shall mean an employee who is engaged by the hour for a period of less than one week. The hourly rate for a casual employee shall be ascertained by dividing the total ordinary rate payable under this clause, plus 15 per cent, divided by 38.
(5) Junior Employees — The minimum rate of wages for junior employees shall be the percentages as set out in Table 1 of the total rate of pay prescribed in classification General Hand in Table 1. Provided that juniors operating machines shall be paid the adult rate applicable.
(6) The rates of pay in this award include adjustments payable under the State Wage Case 2000. These adjustments may be offset by:
(a) any equivalent overaward payments; and/or
(b) award increases since 29 May 1991 and other safety net, State Wage Case, and minimum rates adjustments.
4. Seasonal Casual Employment
(1) A Seasonal Casual Employee shall mean an employee employed for the duration of a seasonal activity or seasonal activities who is engaged on an hourly basis and paid as such.
(2) For the purpose of subclause (1) of this clause, a seasonal activity or seasonal activities shall include any activity or activities agreed upon by the parties to be a seasonal activity or activities or, in the absence of agreement, shall be as determined by the Industrial Relations Commission of New South Wales.
(3) (a) Except as provided for in subclause (5) of this clause, no person shall be employed as a seasonal casual for a period in excess of 24 weeks in any one calendar year.
(b) In addition to the provisions of paragraph (1) of this subclause, no person shall be employed in such a manner as to have the effect of such an employee being engaged as a seasonal casual for a period of more than 24 weeks in a 52-week span, such span being calculated from the first day of engagement of the employee by the employer.
(4) Provided that where an employee is employed in relation to only one of the activities referred to in subclause (3) of this clause, such employee shall continue as a seasonal casual until the expiration of that activity.
(5) Nothing in this clause shall be construed as to circumvent permanent employment in connection with the operation of the employer's juice processing plant.
(6) Seasonal Casual Employee — The hourly rate for a seasonal casual employee shall be ascertained by dividing the total ordinary rate of pay prescribed for the relevant classification in clause 3, Rates of Pay, plus 15 per cent, by 38.
5. Casual and Seasonal Employment Generally
The provisions of the following clauses in this award shall not apply to casual employees or seasonal casual employees: Clauses 8, Holidays, 11, Sick Leave, 12 Personal Carer’s Leave, 13, Bereavement Leave, and clause 15, Redundancy.
6. Hours
(1) (a) The ordinary hours of work shall not be more than an average of thirty eight per week (except for recognised meal breaks) and these hours shall be worked between 5.00 am and 6.00 pm, Monday to Friday inclusive.
(b) Where eight-hour shifts are worked:
(a) An employee shall accrue one rostered day off per month.
(b) The Company shall have the right to nominate when an employee shall take a rostered day off. The Company can exercise this right on seven occasions during each calendar year. The Company must provide an employee with a least twelve hours notice of any requirement to take a rostered day off. An employee shall have the right to take the remainder of his or her rostered days off at a time of his or her choosing, provided that the date chosen by the employee is suitable to the Company. This may include an employee accruing rostered days off for the purposes of taking them in a block either before or after a period of annual leave. The number of rostered days off accrued by an employees at any one time shall not exceed five.
(c) Where an agreement is reached pursuant to clause 29, Structural Efficiency, the following may apply:
(i) The ordinary hours of work shall be worked on four days consisting of eight hours and one day consisting of six hours. The day consisting of six hours shall be either a Monday or a Friday.
(d) Any dispute arising out of the implementation of this subclause shall be progressed in accordance with clause 26, Dispute Settling Procedure.
(2) Shift Workers:
(a) The ordinary hours of shift workers shall average 38 per week, Monday to Friday inclusive, and these hours shall be worked between the hours set out in paragraphs (b) and (c) below.
(b) For the purpose of this clause: Day Shift means any shift starting from 5.00 a.m. or up to 11.59 a.m. Afternoon Shift means any shift starting at 12 noon or up to 5.59 p.m.
(c) Night Shift means any shift starting at 6.00 p.m. or thereafter, but concluding before 6.00 a.m. on the next following day.
(d) Shift workers employed on afternoon shifts shall be paid 15 per cent in addition to his/her ordinary rate for such shifts.
(e) Shift workers employed on night shifts shall be paid 30 per cent in addition to his/her ordinary rates for such shifts.
(f) Employees shall not lose time changing from one shift to another shift.
(g) Shift workers on afternoon or night shift shall be allowed a crib time of at least twenty minutes, which shall be counted as time worked. Crib time may, at the discretion of the Company, be staggered in such a way as to cause minimum disruption to operations.
(3) Enterprise Agreement — Nothing in this clause shall preclude the Company agreeing with a majority of its employees in accordance with clause 29, Structural Efficiency, to alter the arrangements for day workers and shift workers to take account of the changing requirements of the enterprise.
7. Overtime
(1) All time worked in excess of eight hours on any day, Monday to Friday inclusive, and all time worked on Saturday before 12.00 noon shall be paid for at the rate of time and a half for the first two hours and double time thereafter.
(2) All time worked on a Saturday after 12.00 noon shall be paid for at double time. This applies to day shift only.
(3) All time worked on Sunday shall be paid for at the rate of double time. Payment at double time shall continue until the completion of the work commenced on that day.
(4) Shift Workers — All overtime worked by shift workers, Monday to Friday inclusive, shall be paid for at double time.
(5) An employee, after the completion of overtime work performed after their usual ceasing time, shall be entitled to be absent until the employee has had ten consecutive hours off duty without deduction of pay. If on the instruction of the employer an employee resumes work without having had such ten hours off duty, the employee shall be paid at double rates until the employee is relieved from duty to take such a rest period. The employee shall then be entitled to be absent for a period of ten consecutive hours off duty without deduction of pay.
(6) An employee required to work during their recognised meal break shall be paid at the appropriate overtime rates until such time as the employee receives a meal break of the usual period.
(7) Reporting for Duty — Employees directed to report for duty on Saturdays and Sundays and on arrival are advised that their services are not required, shall be paid for four hours at the appropriate overtime rates on Saturdays and for four hours on Sundays.
(8) Junior Employees — May be required to work overtime when such is being worked by the general body of employees on essential occasions.
(9) All work performed by day workers on Christmas Day and Good Friday shall be paid for at the rate of triple time. All work performed on other public holidays shall be paid for at the rate of double time and one-half for all time worked. The minimum payment shall be for four hours at triple or double time and one-half, as the case may be. Payment at treble or double time and a half shall continue until the completion of the work commenced on the public holidays.
(10) Recall to Work — Employees recalled to work after leaving the employer's premises or place of work are to be paid a minimum of four hours at the appropriate overtime rates of pay, provided that in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.
(11) Notification of working of overtime on Saturday and/or Sunday shall be posted in the usual manner on Fridays. If an employee is not notified and does not work on a Saturday or a Sunday, and overtime is required on a Monday, notification given to employees working on Saturday and Sunday shall be sufficient notice to such employee.
8. Holidays
(1) Full-time employees shall be entitled to the following public holidays without loss of pay:
New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and such other days as may be gazetted public holidays throughout the State.
(2) Annual Picnic Holiday — In addition to the above public holidays, one ordinary working day fixed by mutual agreement between the Company and the union shall be regarded as a paid holiday for all employees actually employed at the agreed date and who are in possession of a full picnic ticket issued by the union.
(3) Employees are to be paid for the same number of hours as they would have worked had the day not been a holiday.
(4) Employees must be in attendance at work the day before and the day after such holidays, but where work is not carried on right up to the holiday or resumed immediately after, as at Christmas/New Year periods, payments for such holidays will be earned if the employee worked up to the time of the general stoppage and resumes work when work starts again. If for any sufficient reason the employee is unable to fulfil these conditions, but commenced work at a later date, payment may be made at the discretion of the Company, which must be satisfied with the reason given by the employee.
(5) If a holiday occurs during the first month's employment of an employee and the employee is absent through illness, payment for the holiday at the wage rate paid immediately prior to the commencement of this absence shall be made. However, this provision will not apply where an employee is receiving workers' compensation.
(6) If an employee has been granted leave of absence without pay, any holiday occurring during the first two weeks of such absence is to be paid for at the wage rate immediately prior to the commencement of the employees absence.
9. Annual Leave
(1) See provisions of the Annual Holidays Act 1944.
(2) In the case of an employee dying and leaving a widow and/or dependants surviving him/her, the monetary value of annual leave due at the time of death shall be paid to the widow and/or dependants.
(3) Loading on Annual Leave: During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by clause 3, Rates of Pay.
(a) Day Workers — An employee who would have worked on day work only had he/she not been on leave — a loading of 17.5 per cent.
(b) Shift Workers — An employee who would have worked on shift work had he/she not been on leave a loading of 17.5 per cent.
Where an employee would have received shift loadings prescribed by subclause (2) of clause 6, Hours, had he/she not been on leave during the relevant period, and the shift loading exceeds the annual leave loading of 17.5 per cent, then the shift loadings shall be paid in lieu of the 17.5 per cent annual leave loading.
The loading prescribed by this subclause shall not apply to proportionate leave on termination.
10. Long Service Leave
See Long Service Leave Act 1955.
11. Sick Leave
(1) Upon the completion of three months service employees shall be entitled during their first year of any period of service to sick leave of five days of ordinary working time. On each occasion this entitlement shall be subject to the production of a medical certificate or other satisfactory evidence.
(2) During the second and subsequent years of any period of service employees shall be entitled to eight days sick leave of ordinary working time.
(3) Where an employee is employed in any year as above for less than three months, sick leave on the conditions stated herein will be available for a period not exceeding 3.5 hours pay per month, but the Company may, at its discretion (and without establishing any precedent) grant sick leave not exceeding a total of five days of ordinary working time each year.
(4) An employee being sick for one day and, in the case of an employee with less than three months service being sick for one half day, a statutory declaration will be satisfactory proof of his or her illness.
(5) It shall be compulsory for all employees meeting with an accident or illness involving absence from work and incurring medical attention to complete promptly and fully the necessary claim forms relating to workers' compensation where such compensation can rightly be claimed.
(6) Cumulative Sick Leave — Subject to the above clauses, employees who have completed at least three years continuous service shall be entitled to accumulative sick leave at the rate of 5 days of ordinary working time for each year of continuous service. Such accumulation shall be unlimited. Upon termination of employment, for reasons other than misconduct, if the employee has accumulated at least 15 days sick leave, the employee shall be paid the money value of the accrued sick leave at the rate of 5 days of ordinary working time assessed at the rates of pay applicable during such accumulation.
(7) Where in the opinion of the Company a claim for sick leave involves an abuse of the fair and reasonable interpretation of the clause, the Company will, before payment is made, refer the circumstances of such case to a Board of Reference comprising Works Manager, Union Organiser, and The Australian Workers' Union, New South Wales Job Representative, and their decision will be final.
12. Personal/Carer's Leave
(1) Use of Sick Leave —
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 11, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave for Family Purpose —
(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) Time Off in Lieu of Payment for Overtime —
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time —
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(6) Rostered Days Off —
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
13. Bereavement Leave
(1) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause (3) of this clause.
(2) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.
(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 (ii) of paragraph (c) of subclause (1) of clause 12, 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.
(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.
(5) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 12. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
14. Terms of Employment
(1) Unless otherwise specified employment shall be full-time.
(2) Employment shall be terminated by a week's notice on either side, given at any time during the week.
(3) The provisions of this clause shall not disentitle the Company from dismissing an employee summarily and without notice in the case of misconduct and, in such case, wages shall be paid up to the time of dismissal only.
(4) The Company shall be entitled to deduct payment for any day upon which an employee cannot be usefully employed due to a strike or breakdown of machinery (for which the Company cannot be held responsible) or due to the fact that fruit is not available to be processed because of the seasonal nature of the industry. But in no case shall the number of days upon which payment may be deducted exceed five days each year.
15. Redundancy
Application —
(a) The provisions of this clause shall apply in respect of full-time and part-time persons employed in the classifications specified in clause 3, Rates of Pay.
(b) This clause shall only apply to the company if it employs 15 persons or more immediately prior to the termination of employment of an employee or employees.
(c) Notwithstanding anything contained elsewhere in this clause, this subclause shall not apply to employees with less than one year's continuous service and the general obligation on the company shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this clause, this subclause shall not apply where employment is terminated in accordance with subclause (3) of clause 14, Terms of Employment, or in the case of casual or seasonal casual employees, or where employment is terminated due to the ordinary and customary turnover of labour, or in respect of employees engaged for a specific period of time or for a specific task or tasks.
(2) Introduction of Change —
(a) Company's Duty to Notify —
(i) Where the company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the company shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the company's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this clause makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(b) Company's Duty to Discuss Change —
(i) The company shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(ii) The discussion shall commence as early as practicable after a definite decision has been made by the company to make the changes referred to in paragraph (1) of this subclause.
(iii) For the purpose of such discussion, the company shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that the company shall not be required to disclose confidential information the disclosure of which would adversely affect the company.
(c) Discussions before Terminations —
(i) Where the company has made a definite decision that the company no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (a) of this subclause and that decision may lead to the termination of employment, the company shall hold discussions with the employees directly affected and with the union to which they belong.
(ii) The discussions shall take place as soon as is practicable after the company has made a definite decision which will invoke the provision of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(iii) For the purpose of the discussions the company shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the company shall not be required to disclose confidential information the disclosure of which would adversely affect the company.
(3) Termination of Employment —
(a) Notice for changes in production, programme, organisation or structure — This subclause sets out the notice provisions to be applied to terminations by the company for reasons arising from production, programme, organisation or structure, in accordance with paragraph (1) of subclause (b) of this clause.
(i) In order to terminate the employment of an employee, the company shall give to the employee the following notice:
|Period of Continuous Service |Period of Notice |
|Less than 1 year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.
(iii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for Technological Change — This paragraph sets out the notice provisions to be applied to termination by the company for reasons arising from technology in accordance with paragraph (a) of subclause (2) of this clause:
(i) In order to terminate the employment of an employee, the company shall give to the employee three months' notice of termination.
(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(iii) The period of notice required by this subclause to be given shall be deemed to be service with the company for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off during the Notice Period —
(i) During the period of notice of termination given by the company, 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 days time off over a five-week period, for the purpose of seeking other employment.
(ii) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the company, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will suffice.
(d) Employee Leaving during the Notice Period — If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the company until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment — The company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Centrelink — Where a decision has been made to terminate employees, the company shall notify Centrelink as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) Centrelink Employment Separation Certificate — The company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink
(h) Transfer to Lower-paid Duties — Where an employee is transferred to lower-paid duties for reasons as set out in paragraph (a) of subclause (1) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the company may, at its option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.
(4) Severance Pay —
(1) Where an employee is to be terminated pursuant to subclause (3) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:
(i) If an employee is under 45 years of age, the company shall pay in accordance with the following scale:
|Years of Service |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
(ii) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
|Years of Service |45 Years of Age and over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(iii) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with clause 3, Rates of Pay, clause 6, Hours, and clause 20, First-aid Service.
(b) Incapacity to Pay — Subject to an application by the company and further order of the Industrial Relations Commission, the company may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.
The Commission shall have regard to such financial and other resources of the company concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (a) of this subclause will have on the company.
(c) Alternative Employment — Subject to an application by the company and further order of the Commission, the company may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause if the company obtains acceptable alternative employment for an employee.
(5) Savings Clause — Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industrial organisation of employees and the company.
16. Payment of Wages
(1) One day of each pay period shall be recognised as pay day by the Company and it shall not, except by arrangements between the union and the Company, be later than the same day each pay period.
(2) The period shall close not more than three working days before the recognised pay day.
(3) The Company shall provide printed slips upon which employees requiring details of deduction or other queries arising from such pay shall give details and such written requests shall receive prompt attention by the Company.
(4) Employees (including casuals) shall be paid their wages weekly. At the discretion of the Company, payment shall be made by cash, cheque or by electronic funds transfer into an account at an acceptable financial institution nominated by an employee. Employees who at the discretion of the Company receive payment by cash or cheque shall be paid during ordinary working hours at a time convenient to the Company.
(5) When employees, other than shift workers, are discharged on proper notice as per this award they shall be entitled to payment of all wages due at the time of termination of employment on application to the Company's pay or General Office and the Company shall make provision for such payment in full and within thirty minutes of regular finishing time of a normal working day.
(6) In the case of shift workers, payment shall be made upon application within the normal business hours of the Company on the day following termination of employment.
(7) Any employee required to wait after their ordinary finishing time to receive their wages, except as previously specified, shall be paid at the ordinary rates of pay for all time kept waiting to be paid.
(8) In the case of resignation and release by the Company, employees shall be paid all wages due to them within twenty-four hours after the Company's proper representative has arranged the necessary release of the employee.
17. Meal Allowance
Employees required to work for more than one hour past the recognised knock-off time, without being notified the day immediately before that they will be required to work, shall either be supplied with a meal by the Company or paid the amount as set out in Item 4 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates. If the notice is given and the overtime is not worked (except as a result of breakdown in machinery or plant) the tea money prescribed herein shall be paid.
18. Morning and Afternoon Tea
(1) At a time mutually convenient to the Company and the employees there shall be, on each day worked, a break of twelve minutes during which employees may rest from active duties.
(2) This twelve-minute break is to be taken without causing unreasonable cessation of production where mechanical cooking processes are involved and it may, at the discretion of the Company, be staggered in such a way as to cause minimal disruption to any or all operations
(3) This break of 12 minutes shall be effective during each working morning and afternoon and during overtime when the time worked exceeds two hours from the commencement of the period of overtime. If, in the opinion of the Foreman, the general body of employees will not have completed their work at the expiration of a further two and one-half hours, an additional tea break shall be given upon completion of the additional two hours overtime. The employer shall provide utensils and labour to brew tea at the commencement of each tea break.
19. Dining/Rest Rooms and Lockers
(1) The company shall set aside a special room as dining room, and shall provide adequate tables and seating accommodation. Hot water shall be made available free of charge to the employees immediately the meal break or rest period commences. The necessary labour shall be provided by the Company to keep such appointments in clean condition.
(2) As far as practicable, lockers shall be provided for employees.
20. First-aid Service
(1) Where practicable, one employee in each section shall be qualified in first-aid and suitable outfits shall be provided and maintained in central and suitable positions by the Company.
(2) In the event of any serious accident happening to any employee whilst at work the Company shall, at its expense, provide transport facilities to the nearest Doctor.
(3) Any qualified employee appointed to perform first-aid duty shall be paid the amount per day as set out in Item 5 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates, in addition to his or her ordinary wage rate.
21. Protective Clothing
(1) Employees shall be provided with suitable rubber boots, aprons and protective clothing where necessary.
(2) Where employees are working on wet floors and/or floors affected by fruit substances, duck-boards shall be provided, except where gum boots are supplied.
(3) Employees engaged in steaming and/or cleaning down machinery shall be supplied with overalls.
(4) All protective clothing equipment shall be provided by the employer, free of charge, and when supplied must be returned on completion of employment.
22. General Conditions
(1) Drinking Water — The Company shall supply an adequate supply of filtered cool drinking water at convenient places throughout the establishment and, where possible, will provide a sanitary type of drinking vessel in a position adjacent to such water supply.
23. Time Books and Inspection
See Part 7 of the Industrial Relations Act 1996.
24. Job Representatives
A Job Representative, appointed by the employees shall be allowed the necessary time during working hours to interview the employer or Company Officer in charge on matters affecting the employees whom he/she represents.
25. Mixed Functions
(1) An employee who is required to do work of a higher paid classification for at least two hours during any one day shall be paid for the whole day at the rate prescribed for such class of work.
(2) Provided that such employee shall be paid at the rate for such higher classification for the whole of the day if such work is performed for over four ordinary hours on any day and for the whole of the week if such work is performed continuously for over 20 ordinary hours in any week.
(3) Subject to subclause (1) of this clause, an employee who is required to do work of a higher paid classification for over one hour but for less than four hours during any one day shall be paid at such higher rate whilst so employed.
26. Dispute Settling Procedure
The procedure for the resolution of industrial disputation will be in accordance with the following procedure:
(1) Procedure relating to a grievance of an individual employee:
(a) The employee shall notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) The grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
(2) Procedure for a dispute between an employer and the employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
27. Superannuation
(1) The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
(2) The employer shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust (ASSET)
Such other funds that comply with the requirements of the legislation
and shall participate in accordance with the Trust Deed of that fund.
NOTATION: Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will increase to 8% and a final adjustment of 9% from 1 July 2002
(3) The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.
(4) An employee may make contributions to the fund in addition to those made by the employer.
(5) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.
(6) An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.
(7) All contributions shall be made at the completion of each calendar month.
(8) Ordinary time earnings shall be defined as including:
(a) award classification rate;
(b) overaward payment;
(c) shift loading — including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime;
(d) casual loading in respect to casual employees including 1/12th annual holiday loading.
Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.
28. Skills
(1) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote deskilling.
(2) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.
(3) Any direction issued by an employer pursuant to subclauses (a) and (b) of this clause shall be consistent with the responsibility to provide a safe and healthy working environment.
29. Consultation
(1) The parties to this agreement are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of Nugan Quality Foods plant operation and to enhance the career opportunities and job security of the employees.
(2) The employer, the employees and The Australian Workers' Union, shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of the operation to achieve the aims outlined in subclause (a) of this clause.
(3) Any disputes arising in relation to the implementation of subclause (b) of this clause shall be subject to the provisions of clause 24, Dispute Settling Procedure.
30. Flexibility
Employees in the classifications as set out in Table 1 — Total Wage Rates, of Part B, Monetary Rates, are to perform a wider range of duties, including work which is incidental or peripheral to their main tasks or functions.
31. Recognised Industrial Organisation of Employees
The following industrial organisation of employees is recognised, within the limits of its rules and constitution, to be the relevant industrial organisation of employees at the Griffith Juice Plant Operations of Nugan Quality Foods Pty Ltd:
The Australian Workers' Union, New South Wales.
Nothing stated above is to be construed to confer a right of preference of employment in favour of a member of an industrial organisation of employees over a person who is not a member of an industrial organisation of employees.
32. Area, Incidence and Duration
(1) This award has been reviewed in accordance with section 19 of the Industrial Relations Act 1996. It shall apply to the employees of Nugan Quality Foods Pty Ltd, employed at its Griffith Juice Plant in the classifications as set out in Table 1 — Total Wage Rates, of Part B, Monetary Rates.
(2) This award rescinds and replaces the Nugan Quality Foods Pty Ltd Employees (State) Award published 24 June 1994 (280 IG 662).
(3) This award shall operate on and from the first full pay period on or after 30 March 2001 and remain in force for a period of 12 months.
PART B
MONETARY RATES
Table 1 — Total Wage Rates
| | | | |
|Classification |Current Rate |SWC 2000 |Total Rate |
| |$ |$ |$ |
|Evaporator Operator |427.20 |15.00 |442.20 |
|General Hand |402.55 |15.00 |417.55 |
|Lift Operator |427.20 |15.00 |442.20 |
|Junior Employees | | | |
|Under 17 years of age |205.28 |15.00 |220.28 |
|Under 18 years of Age |323.64 |15.00 |338.64 |
|18 years and over General Hand |402.55 |15.00 |417.55 |
Table 2 — Other Rates and Allowances
| | | |Amount |
|Item No. |Clause No. |Brief Description |$ |
|1 |3(a) |Supplementary Payment |14.30 per week |
|2 |3(b) |Freezer Allowance |10.90 |
|3 |3(c ) |Leading Hands |13.20 |
|4 |17 |Meal Allowance |5.25 |
|5 |20 |First Aid |1.80 per day |
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.
(353) SERIAL C0130
glass Makers (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5735 of 1999)
Before Commissioner McLeay 20 December 2000
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Classifications
3. Wages
4. Arbitrated Safety Net Adjustment
5. Special Rates and Allowances
6. Hours of Work
7. Substitute Days
8. Shift Work
9. Holidays and Sundays
10. Annual Holidays
11. Annual Leave
12. Long Service Leave
13. Sick Leave
14. Bereavement Leave
15. Personal/Carer’s Leave
16. Meal Breaks
17. Overtime
18. Redundancy
19. Mixed Functions
20. Payment of Wages
21. Travelling Time and Fares
22. Miscellaneous Provisions
23. Settlement of Industrial Disputes
24. Jury Service
25. Motor Vehicle Allowance
26. First-aid
27. Rest Pauses
28. Exemptions
29. Anti-Discrimination
30. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 — Wages
Table 2 — Other Rates and Allowances
2. Classifications
Category 1 — Plant Assistant — This category covers work in all areas of the factory and the site on which it is located which calls for the minimum skills covered in this division of the award.
The employee is required to have:
• only such general and basic knowledge and understanding of the glass making and ancillary operations as will enable the employee to work with safety;
• only such skills as can reasonably be expected from an adult in normal physical condition. The work in this category includes: General cleaning and housekeeping of the factory area, site and buildings (other than machinery and equipment which is actually operating) and including special purpose areas such as canteens, locker rooms, amenities and offices, using, where necessary, common cleaning aids such as brooms, detergents, polishes and domestic vacuum cleaners. Manual movement of materials, products, packages, goods and other articles using, where necessary, non-mechanised aids such as barrows, trolleys and handcarts. Security checking of designated areas. Manual work such as digging and shovelling, using appropriate hand tools. Preparation and serving of meals and refreshments. Reconditioning of wooden and similar packaging aids such as pallets and crates using common handyman aids such as nail pullers, hammers and handsaws. Work of a nature consistent with the foregoing which requires equivalent skills and which is not covered by other categories defined in this division of the award.
Category 2 — Process Assistant — This category covers work activities which require, in addition to the basic skills referred to in Category 1, an understanding of and competence in working safely with or around specified parts of the process machinery and its ancillary equipment.
The employee is required to demonstrate developed skills related to one or more of the following activities:
• The operation of powered housekeeping and cleaning equipment such as mechanical brooms and industrial vacuum cleaners.
• The cleaning of immobilised parts of the plant and equipment using, where necessary, specialised aids such as chemical reagents and steam.
• The lubrication of process and ancillary equipment which may actually be in operation.
• The handling of machine parts, without the use of specialised tools, during such activities as mould gear changes.
• The operation of single purpose powered equipment used in the ancillary process, such as pigment mills, mixers and carton erectors and sealers.
• The operation of single purpose machines used in the subsequent processing of formed ware, such as applied pigment, decorating and labelling machines.
Other activities which are equivalent to the examples described in terms of the levels of understanding and skills required.
An employee skilled in one of the areas of activity described shall be willing to become proficient, within a reasonable period of time, in related areas of activity.
Category 3 — Melt Operator — This category covers the work activities associated with the mixing, conditioning, melting and reacting of the raw materials used in the glass making process and with the refining and temperature control of the molten glass required for the ware forming operation.
The employee is required to have a sufficient level of understanding of:
• the raw materials used for glass making;
• the equipment used for mixing and conditioning;
• the melting furnace and its ancillary systems;
• the glass making process; and
• the characteristics of molten glass, to be able to ensure the safe and effective operation of these processes.
The employee is required to have developed the range of skills needed to:
• Visually identify the raw materials used.
• Manipulate the operational controls of the mixing and conditioning equipment so as to ensure that batch of the required composition passes to the melting furnace.
• Manipulate the operational controls of the filling on equipment so as to maintain the required level and distribution in the melting furnace.
• Recognise by inspection and from instrumentation the combustion, temperature and pressure conditions in the melting and refining areas of the furnace and its heat exchange system and operate the appropriate controls for these and associated boosting and aeration systems so as to produce molten glass of an acceptable quality at the required rate of throughput.
• Verify the indicated conditions, such as temperatures, pressures and gas compositions, using appropriate aids.
• Identify and rectify where possible malfunctions in the process equipment.
• Identify and report the maintenance needs of the equipment.
• Prepare written operational records as required.
• Carry out work consistent with the foregoing which contributes to the efficiency of the operation.
A Category 3 employee is required to attend either:
(a) a batch mixing plant (which may service more than one furnace) or a single melting furnace and its ancillaries; or
(b) more than one melting furnace or one melting furnace and one batch mixing plant.
Category 4 — Glass Maker — This category covers all the skills, understanding and work activities described in Category 3.
The Category 4 employee is required to accept responsibility for and operate safely and effectively a complex of one or more furnaces and their common batch mixing facility where the monitoring and control instrumentation for each unit in the complex is located in a single centralised control station.
Category 5 — Machine Attendant — This category covers work associated with the operation of specialised machinery used in the ware making and processing activities.
The employee is required to have a sufficiently detailed knowledge and understanding of
• the operations performed by the specified machinery;
• the materials processed by the machinery;
• the operational needs of the machinery and its ancillaries, to be able to work safely in conjunction with the machinery and to ensure its effective operation.
The employee is required to have developed the skills needed to:
• Manipulate the operating controls of the machinery and its ancillaries.
• Maintain the necessary state of cleanliness of the operating machinery and its surroundings.
• Recognise and attend to the lubrication needs of the machinery and its ancillaries.
• Recognise and quantify evidence indicating off-standard performance of the machinery.
• Assist in carrying out operational adjustments needed to correct the performance, using the tools provided as needed.
• Recognise and accurately report the maintenance needs of the machinery.
• Assist in removing and replacing process-related parts of the machinery.
• Clean such parts when they are immobilised.
• Carry out work of an equivalent nature requiring similar understanding and skills.
Category 6 — Ware Maker — This category covers work associated with the operational control of specialised machinery used in the ware making and processing activities.
The employee is required to have the knowledge, understanding and skill described in Category 5.
In addition, the employee is required to exhibit the understanding and skills needed to:
• Reset the machinery to process different items of ware.
• Determine and carry out the adjustments needed to correct off standard performance of the machinery.
• Carry out running repairs on the machinery.
• Interpret and act upon process information transmitted electronically or by other means.
• Operate machinery from remote control centres.
• Maintain accurate reports relevant to the machinery and processes controlled.
• Perform work of a nature consistent with this range of skills which contributes to the efficiency of these production processes.
Category 7 — Ware Handler — This category covers work activities which are primarily concerned with the annealing, sorting and packaging of formed ware in process.
In addition to the basic skills defined in Category 1, the employee is required to have the ability to:
• Understand and take responsibility for the safe and effective operation of the annealing and associated equipment which surface conditions, stress relieves and progressively cools the formed ware to the stage at which it can be handled.
• Identify the presence and magnitude of visible faults in formed ware and to separate, on this basis, faulty from standard ware.
• Assemble sorted ware into standardised packaged forms, such as cartons.
• Work safely and effectively in conjunction with automatic inspection and sorting machinery.
• Work safely and effectively in conjunction with gravity or power operated ware conveying systems or handle ware items using, as necessary, non-mechanised aids or pedestrian operated self powered equipment.
• Understand and take responsibility for the safe and effective operation of powered packaging aids such as ware palletisers, depalletisers and shrinkwrap and stretchwrap equipment.
• Carry out work of a nature consistent with the above which requires equivalent understanding and skills.
Category 8 — Mobile Handler — This category covers work which involves the use of non-passenger, self-propelled, drive-operated mobile equipment which is designed primarily for moving, stacking or unstacking materials or goods and which requires the licensing and/or testing of the operator under statutory or Company regulations.
The equipment covered by this category includes:
• Fork lift and similar trucks including those equipped with high lift masts and special purpose accessories such as side shift forks, rotatable clamps and the like.
• Front end loaders.
• Order pickers.
• Prime movers such as are used for towing trolly trams
• Other equipment designed for similar tasks and requiring similar skills and driver certification.
The employee is required to be proficient initially in the operation of at least one form of such mobile equipment and to be willing, within a reasonable time span, to achieve proficiency in others. The employee is also required to accept responsibility for carrying out the normal operational checks of such equipment such as battery water checks, tyre pressure checks and the like and for identifying and reporting the maintenance needs of the equipment.
Category 8 (a) — Work shall include such of those activities described above as required.
Category 8 (b) — Personnel, in addition to the above, will operate fork lift trucks and front-end loaders with a rated tare of more than 10 tonnes but less than 20 tonnes.
Category 9 — Goods Handler — This category covers work activities which are related to the warehousing of the goods.
The employee is required to accept responsibility for the safe and efficient handling and security of the items warehoused and to exhibit a range of skills which includes the ability to:
• Recognise by sight or by description and to certify the quantities and condition of the materials, packages and loads handled.
• Handle such items using, as necessary, non-mechanised aids or pedestrian operated self-powered equipment or mobile handling equipment such as is described in Category 8.
• Arrange and carry out the placement and stacking of goods so as to make best use of warehousing space and to simplify their later retrieval.
• Assemble loads of goods as specified using, as necessary, handling aids including specialised equipment such as powered order-pickers.
• Work effectively in conjunction with mechanised and automated retrieval and order assembly systems.
• Identify the items, packages and loads assembled by methods such as labelling, marking or branding.
• Arrange and carry out the loading or unloading from road and rail vehicles of the goods handled.
• Perform such clerical activities as are necessary to provide accurate records of goods movements.
• Carry out and report stock checks which certify the accuracy of these records.
• Maintain a high level of housekeeping in the warehouse area.
• Perform other work consistent with the foregoing activities which contributes to the effective operation of the warehousing function.
Category 10 — Store Attendant — This category covers work related to the safe and efficient storing of items required in the manufacturing and ancillary operations, such as process materials, spare parts, equipment, tools, protective clothing, fuels, stationery and consumables.
The employee is required to demonstrate the level of understanding of store procedures and planning, organising and clerical skills needed to be able to:
• Accept responsibility for the safe handling and security of the items received into the store.
• Check and certify that each item received is in accordance with the order description.
• Arrange the storage of these items so as to make best use of the space available and to simplify their later retrieval.
• Issue and ensure the accuracy of all authorised issues from the store.
• Perform the clerical tasks necessary to provide accurate records of all such transactions.
• Carry out and report stock checks which verify the accuracy of these records.
• Initiate replenishment requests for stock items as indicated by these records.
• Maintain a high level of housekeeping in the store area.
• Perform other work of a nature consistent with the foregoing activities which contributes to the effective operation of the store.
Category 11 — Verifier — This category covers work activities which are primarily concerned with the identification, quantification, recording and reporting of raw materials, ware in process and finished goods and with the verification, recording and reporting of the physical properties of ware.
The employee is required to have a range of developed skills which include the ability to:
• Identify by sight or by description ware in process and in packaged form.
• Label or otherwise mark the item with the appropriate descriptive information.
• Determine accurately the numerical quantities of such ware and packages.
• Prepare accurate and legible written statements of this information.
• Carry out arithmetic calculations based on this information.
• Determine from specifications or detail drawings the standard physical properties of the ware.
• Verify, using the necessary aids, the actual physical properties of the ware, such as linear dimensions, volume, mass and strength.
• Record accurately and legibly the results of such verifications.
• Carry out arithmetic calculations based on this information.
• Undertake similar work requiring the use of skills equivalent to those described.
Category 12 — Artisan — This category covers work which requires a limited and specified range of trade or craft type skills related to the efficient operation of the glassmaking and ancillary processes.
The employee is required to exhibit developed skills in using the tools, equipment and other aids necessary to carry out such work safely and effectively.
The activities covered shall include one only of the following:
• The making, refurbishing and fitting of screens for applied colour pigment machines; or the reconditioning and refurbishing of mould gear using fixed or portable powered grinders, oxy-acetylene and welding equipment and other necessary aids; or work equivalent to the examples described above which calls for a similar level of specified developed skills.
3. Wages
(i) Adult Employees — The minimum rates of pay of each group shall be as set out in Table 1 — Wages, of Part B, Monetary Rates.
(ii) Juniors —
(a) The minimum weekly rates of pay for junior employees shall be ascertained by calculating the undermentioned percentages of the ordinary weekly rate as set out in the said Table 1 of Part B.
Percentage per week
Under 16 years of age 75
At 17 years of age 85
(iii) Leading Hands —
(a) Leading Hand means an employee other than a Ware Maker who, whilst working, has charge or control of any person or persons, and who has been appointed by the employer to take charge or control and shall be paid an allowance at the rate set in Item 1 of Table 2 — Other Rates and Allowances, of Part B.
(b) Section Leader means an employee other than a Foreperson who, while working, co-ordinates the activities of one or more Leading Hands and who has been appointed by the employer to assume such a function shall be paid an allowance in addition to the Leading Hand Allowance at the rate set in Item 1 of the said Table 2.
(c) Charge Hand means an employee who temporarily acts as a foreperson and shall be paid an allowance at the rate set in Item 1 of Table 2.
(iv) Casual Employees — Casual employees for working ordinary time shall be paid an allowance in addition to the ordinary rates of pay for the appropriate classifications at the rate set in Item 2 of Table 2.
(v) Service Increments — In addition to the rates provided in subclause (i) of this clause an employee shall receive as part of his/her ordinary rate:
(a) after six months' continuous service — at the rate set in Item 3 of Table 2;
b) after twelve months' continuous service — a further amount at the rate set in Item 3 of Table 2;
c) after eighteen months' continuous service — a further amount at the rate set in Item 3 of Table 2.
Additional Allowances —
(vi) Metrology — An employee who is engaged in performing the duties of a Metrologist shall be paid an allowance as set out in Item 4 of Table 2 in addition to their ordinary classified rate of pay prescribed for a Verifier.
(vii) Settler Down — An employee who is engaged in performing the duties of Settler Down shall be paid an allowance as set out in Item 5 of Table 2 in addition to the ordinary classified rate of pay prescribed for a Ware Maker.
4. Arbitrated Safety Net Adjustment
(ii) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
5. Special Rates and Allowances
In addition to the wage rates prescribed in Table 1 — Wages, of Part B, Monetary Rates, the following special rates and allowances shall be paid to all employees:
(A) Soda Ash — Employees manually engaged in carrying and stacking bagged soda ash shall be paid an amount as set in Item 6 of Table 2 — Other Rates and Allowances, of the said Part B, for the time so engaged.
(B) Boiler Firing — Employees who attend furnaces and who are required, in addition to their normal work, to attend boilers shall be paid an amount per hour extra as set out in Item 7 of Table 2 for the time so engaged.
(C) Raw Materials — Employees, manually engaged in carrying and stacking bagged raw materials (other than soda ash) and crushing cullet, attending a pug mill or in feeding a bag cleaning machine shall be paid an amount as set in Item 8 of Table 2 for the time so engaged.
(D) Skimming and Floater Setting — Flat glass tank — Employees engaged in skimming the drawing pit when a machine is not actually in operation or in the actual operation of floater setting on the tank shall be paid an amount as set out in Item 9 of Table 2 for the time so engaged.
(E) Furnace Repair — Any employee directly engaged on any work associated with the demolition, repair or building of furnaces and their appurtenances shall be paid at the rate prescribed for the employees appearing in this award.
When such employees are engaged on the work of building, rebuilding or packing furnace regenerators they shall be paid an amount as set out in Item 10 of Table 2 in addition to the aforesaid rate of pay; provided that the employees engaged on the work mentioned in this subclause shall not be paid less than the rate prescribed by the award, determination or industrial agreement, Commonwealth or State, for the general labouring classification of the majority of employees engaged on similar work under the terms of that award, determination or industrial agreement applicable at that site.
(F) In the event of a furnace going out for repairs and employees who normally attend that furnace being employed on the repair of such furnace, or on other work than building, re-building or packing of furnace regenerators, they shall be paid their ordinary rates of pay for the first three weeks they are employed on such work.
(G) Employees directly engaged in or in connection with the unpacking or repacking of furnace regenerators while a furnace is under fire shall, while so engaged, be paid at the rate of double the hourly rate prescribed for the employees for the respective division appearing in this award.
For the purpose of this subclause, "directly engaged or in connection with" means employees who work or take turns of work during their shift inside the regenerator chambers.
An employee required to perform the said work on a Saturday, a Sunday, or on any of the holidays prescribed by clause 9, Holidays and Sundays, shall be paid such rate in addition to the ordinary hourly rate of pay. For the purpose of this subclause the ordinary hourly rate of pay is to be ascertained by dividing by 38 the employee's ordinary weekly time rate of pay.
(H) Float Glass Furnace Repair — Employees directly engaged in the removal of molten tin from the float glass bath whilst the float glass furnace is undergoing repair shall whilst so engaged be paid at the rate of double time.
(I) Jack Bolt Tensioner — An employee who is engaged in adjusting the tension of jack bolts while a furnace is under heat shall be paid an additional amount extra per shift or part thereof as set out in Item 11 of Table 2.
(J) Loading and Unloading Away From Employer's Premises — An employee who is engaged in loading and/or unloading operations at wharves or railway yards elsewhere than on the employer's premises shall be paid an additional amount per shift or part thereof as set out in Item 12 of Table 2.
(K) Rates Not Subject to Penalty Addition — The special rates and allowances herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.
6. Hours of Work
(a) The ordinary hours of work shall be an average of 38 per week but not exceeding 152 hours in 28 days. Ordinary hours each day shall be no less than six hours and no more than twelve hours, provided that where more than eight hours are to be worked in any one day it shall be by mutual agreement between the company and a majority of affected employees.
(b) Subject to subclause (c) of this clause, the ordinary hours of work prescribed herein may be worked on any or all of the days of the week.
(c) (i) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m. Provided that the spread of hours worked within the prescribed ordinary hours may be altered by mutual agreement between the employer and a majority of affected employees.
(ii) The ordinary hours of work shall be arranged so that in any seven-day period an employee shall be entitled to two consecutive days off duty exclusive of public holidays. Provided that such two consecutive days off duty in the case of employees employed at the date of this award shall, unless the employer and employee concerned agree otherwise, be Saturday and Sunday.
(iii) All ordinary time worked by day workers on a Saturday shall be paid for at the rate of time and a half.
(iv) All ordinary time worked by day workers on a Sunday shall be paid for at the rate of double time.
(v) An employee shall be given not less than one week's notice of a change in ordinary hours to be worked unless the employer and employee concerned agree to a lesser period.
(vi) "Day" in the case of day work employees means the 24-hour period from midnight to midnight.
(d) Where by reason of State legislation, summer time is prescribed as being in advance of the standard time in that State payment for the relevant shifts will be by the clock. The time of the clock in each case is to be set to the time fixed by the relevant State legislation. In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.
7. Substitute Days
Due to operational requirements as determined by the employer, rostered day(s) off may be altered in the normal cycle with respect to which day off had been rostered. Such substituted rostered day off shall be rostered on a day agreed between the employer and the employee concerned.
8. Shift Work
For the purposes of this clause —
(a) (i) "Morning Shift" means any shift finishing not earlier than 2.00 p.m. and not later than 6.00 p.m.
(ii) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
(iii) "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
(iv) "Continuous Work" means work carried on with consecutive shifts of personnel throughout the 24 hours of each of 7 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(v) "Continuous Shift Worker" means a shift worker employed upon continuous work and who is rostered to work on any of the seven days of the week, irrespective of whether those days are Sundays or public holidays.
(vi) "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.
(vii) "Saturday" means all work worked between 7.00 a.m. Saturday and 7.00 a.m. Sunday.
(viii) "Seven-day Shift Worker" means a shift worker who is rostered to work shift work on any day of the week except public holidays.
(ix) "Sunday" means all time worked between 7.00 a.m. Sunday and 7.00 a.m. Monday.
(b) Hours — Continuous work shifts —
(i) Continuous work, as herein defined, shall be worked as and when required by an employer. The ordinary hours of work for employees required to perform such work shall not exceed 38 hours per week on average over the shift cycle.
(ii) Subject to the following conditions, shift workers on continuous work shall work at such times as the employer may require:
(1) Ordinary hours of work shall not be less than six hours nor exceed twelve hours on any day. Provided further that in any arrangement of working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees affected.
(2) Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.
(3) 20 minutes shall be allowed to shift workers for crib which shall be counted as time worked.
(c) Hours — Other than continuous work —
(i) The ordinary hours of work of shift workers not upon continuous work as herein defined shall be worked as and when required by an employer and shall not exceed 38 hours per week on average over the shift cycle. This subclause is facilitative in nature and does not preclude the requirement for consultation and agreement at the enterprise level.
(ii) Provided that the ordinary hours of work prescribed herein shall not be less than six nor exceed twelve hours on any day. Provided further that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and a majority of affected employees.
(iii) Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.
(iv) Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.
(d) Afternoon or Night Shift Allowances —
(i) Shift workers on continuous work or other than continuous work while on afternoon or night shift shall be paid 15 per cent more than the ordinary rates for such shifts.
(ii) An employee who, during a period of engagement on shift, works night shift only or remains on night shift for a longer period than four consecutive weeks or works on a night shift which does not rotate or alternate with another shift or with day work so as to give such employee at least one third working time off night shift in each shift cycle shall, during such engagement, period or cycle, be paid at the rate of 30 per cent more than the ordinary rate for all time worked during ordinary hours on such night shifts.
(iii) An employee who, during a period of engagement on shift, works afternoon shift only or remains on afternoon shift for a longer period than four consecutive weeks or works on an afternoon shift which does not rotate or alternate with another shift or works day work so as to give such employee at least one third working time off afternoon shift in each shift cycle shall, during such engagement, period or cycle, be paid at the rate of 20 per cent more than ordinary hours on such afternoon shift.
(e) Saturdays, Sundays and Holidays —
(i) All ordinary time worked by shift workers on a Saturday shall be paid for at the rate of time and a half. This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.
(ii) All ordinary time worked by shift workers on a Sunday shall be paid for at the rate of double time. This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.
(iii) In addition to the ordinary rate, a continuous shift worker required to work on a public holiday shall be paid double time extra for the hours worked and for all time worked in excess of ordinary hours shall be paid at the rate of treble time. This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.
9. Holidays and Sundays
(i) All employees shall be allowed the following holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, August Bank Holiday, Labour Day, Christmas Day and Boxing Day, or any day observed in lieu of any of the aforesaid holidays, and all holidays proclaimed as such throughout the State. Provided that, by agreement between the company and the union, other days may be substituted for the said days or any of them.
(ii) In the case of shift work, a holiday or holidays (as the case may be) shall not begin until the end of the last shift commenced on the day immediately preceding the holiday or holidays and shall not end until the beginning of the first shift commenced on the day immediately succeeding the holiday or holidays.
(iii) Holidays — Absence on Working Day Before or After — No employee shall be entitled to be paid for any holiday or group of holidays not worked without reasonable cause during usual working hours on the day or shift immediately preceding or on the day or shift immediately following such holiday or group of holidays.
(iv) Termination of Employment — Where an employee has been employed for a period of not less than three months and employment is terminated by the employer within seven days immediately preceding any holiday for any cause not being the employee's own fault or misconduct, such employee shall be entitled to payment in respect of such holiday.
(v) Payment for Work on Public Holidays — Except where otherwise specified in this award, employees shall be paid at the rate of double time for work done on Sundays and for work done on public holidays employees shall be paid, in addition to their ordinary public holiday pay, double time extra for the first eight hours worked and for all time worked in excess of eight hours at the rate of treble time.
(vi) Payment for Work on 25 December — An employee required to work on 25 December shall be paid at the rate of treble time for all time worked. This rate is in substitution for and not cumulative upon any other penalty or provision contained in this award.
(vii) Minimum Payment — Sundays and Holidays — Employees, other than shift workers, required to work on Sundays or public holidays shall be paid for a minimum of four hours' work.
(viii) Rostered Day Off Falling on a Public Holiday — An employee whose rostered day off whilst employed as a shift worker (other than as a Monday to Friday shift worker within the meaning of subclause (b) of clause 8, Shift Work) falls on a holiday prescribed by this clause shall be paid an additional day's pay at the appropriate ordinary time rate of pay. For the purpose of this subclause, "rostered day off" means a day on which such employee is shown by the then current roster to be rostered off duty on the holiday.
(ix) Seven-day Shift Workers — This subclause applies to seven-day shift workers who are normally allowed the public holidays specified in subclause (i) hereof. Where it is impracticable for reasons of excessive cost to close down machinery or processes operated by such shift workers, the employer shall, at least one week prior to the holiday, call for volunteers among the employees who are competent to perform the work in question. If insufficient volunteers apply to perform the work the employer may require any employee to work on the holiday in question. In the case of unforeseen circumstances arising, the obligation of the employer to give an employee seven days notice of the requirement to work on the holiday shall be waived.
10. Annual Holidays
See Annual Holidays Act 1944.
11. Annual Leave
(a) Period of Leave — A period of 28 consecutive days' leave, including non-working days, shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which the award applies.
(b) Continuous and Seven-day Shift Workers — In addition to the leave prescribed by subclause (a) of this clause "continuous shift workers" and "seven-day shift workers" as defined in subclause (a) of clause 8, Shift Work, shall be allowed seven consecutive days' leave including non-working days. Where an employee with 12 months' continuous service is engaged for part of the 12-month period as a continuous shift worker or seven-day shift worker, such employee shall be entitled to have the period of annual leave prescribed by the said subclause (a) hereof increased by half a day for each month continuously engaged as aforesaid.
(c) Annual Leave Exclusive of Public Holidays — Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 9, Holidays and Sundays, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one day for each such holiday falling as aforesaid. Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon such employee, to attend for work on the working day immediately preceding the first day and at the ordinary starting time on the working day immediately following the last day of the period of annual leave, the employee shall not be entitled to be paid for such holiday.
(d) Broken Leave — Subject to subclause (e) hereof, the annual leave shall be given and taken in a continuous period or, if the employer and the employee so agree, in two or three separate periods and not otherwise.
(e) Cumulative Leave — If the employer and the employee so agree, one week of the employee's annual leave in any year may be deferred for a maximum period of five years and be taken with any other period of annual leave at a time to be mutually agreed upon by the employer and the employee. In the absence of such mutual agreement all deferred leave which has accumulated over each period of five years shall be taken with the annual leave allowed in respect of the final year of that period.
(f) Calculation of Service — Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed or made under conditions existing prior to this award. Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which they were employed by the predecessor shall, for the purpose of this clause, be deemed to be in the employment of the employer.
(g) Calculation of Continuous Service — For the purpose of this clause, service shall be deemed to be continuous, notwithstanding:
(i) an interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of annual leave;
(ii) any absence from work on account of personal sickness or accident, proof whereof shall be upon the employee;
(iii) any absence on account of leave granted, imposed or agreed to by the employer; or
(iv) any absence with reasonable cause, proof whereof shall be upon the employee. In the cases of personal sickness or accident or absence with reasonable cause, the employee, to become entitled to the benefit of this subclause, shall inform the employer in writing if practicable within 48 hours of the commencement of such absence of the inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of absence. A notification given by an employee pursuant to clause 13, Sick Leave, shall be accepted as a notification under this subclause. Any absence from work by reason of any cause, not being a cause specified in this subclause, shall not be deemed to break the continuity of service for the purpose of this clause unless the employer during the absence or within fourteen days of the termination of such absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.
In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism, notice may be given to the employees by posting up a notification in the plant in the manner in which general notifications to employees are usually made in that plant and by posting to the Union a copy thereof no later than the same is posted up in the plant.
A notice to an individual employee may be given by delivering it personally or by posting to the last recorded address, in which case it shall be deemed to have reached the employee in due course by post. In calculating the period of 12 months continuous service such absence as aforesaid shall not, except:
(a) to the extent of not more than 28 days in a 12-month period in the case of sickness or accident; or
(b) absence on long service leave, be taken into account in calculating the period of 12 months continuous service.
(h) Calculation of Week — For the purpose of this clause a week shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which in the latest week in question has the same day name as that which the commencing day had it its week and shall be reckoned as ending at the end of such subsequent week.
(i) Leave to be Taken — The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by subclauses (m) and (n) hereof, payment shall not be made or accepted in lieu of annual leave.
(j) Time of Taking Leave — Subject to subclause (e) hereof, annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than two months' notice to the employer.
(k) Leave Allowed Before Due Date — An employer may allow annual leave to an employee before the right thereto has accrued due, but where leave is taken in such case a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which annual leave had been taken before it accrued.
Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the continuous service of the employer before completing the 52 weeks' continuous service in respect of which the leave was granted, the employer may, for each one complete week of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment 1/52 of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any holidays prescribed by clause 9, Holidays and Sundays.
(l) Payment for Period of Leave —
(A) Subject to paragraph (B) hereof, an employee before going on leave shall be paid wages for the full period of leave at the rate applicable prescribed by clause 3, Wages, and clause 5, Special Rates and Allowances, together with:
(i) an amount equal to:
(1) a loading of 17.5 per cent of the total of such wages for the full period of leave; or
(2) the full amount of shift allowances, including Saturday and Sunday penalties payable to the employee for work in ordinary time and any rostered overtime shift according to the employee's roster or projected roster during such period, whichever amount is the greater; and
(ii) any extra amount pursuant to clause 19, Mixed Functions, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise; and
(iii) any other amount to which the employee would have been entitled in accordance with the contract of employment for work performed in ordinary working hours during the relevant period had the employee not been on leave, but excluding any payment of a similar nature to the special rates prescribed by clause 5, Special Rates and Allowances, and any reimbursement for expenses incurred.
(B) An employee employed on bonus work or any other system of payment by results shall be paid for the said period of leave whichever is the greater of:
(i) an amount calculated at the rate of the weekly average of payments made under such scheme for the period actually worked by the employee during the last 3-month period in respect of which such payments have been calculated prior to the time of going on leave; or
(ii) an amount calculated at the rate applicable to the employee's classification prescribed by clauses 3, Wages, and 5, Special Rates and Allowances, plus a loading of 17.5 per cent of such an amount.
(m) Proportionate Leave on Termination of Employment — If after one week's continuous service in any qualifying period an employee lawfully leaves employment or employment is terminated by the employer through no fault of the employee, such employee shall be paid as follows:
(i) If other than a seven-day shift worker, 2.923 hours for each completed week of continuous service, the service being service in respect of which leave has not previously been granted hereunder.
(ii) A seven-day or continuous shift worker shall be paid for 3.654 hours for each completed week of continuous service, the service being service in respect of which leave has not previously been granted hereunder For the purpose of this subclause, payment shall be calculated in accordance with subclause (l) hereof.
(n) Annual Close Down — The employer may, by giving one month's notice of the intention to do so, close down the plant or section or sections thereof for one or, where there is consent between the employer and the majority of the employees concerned, two separate periods.
(i) Subject to the foregoing the employer may, by giving not less than one month's notice of the intention so to do, stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks' leave, paid leave on a proportionate basis at an hourly rate calculated in accordance with subclause (l) hereof for 2.923 hours for each completed week of continuous service performed since the close of the employee's last 12- month qualifying period.
(ii) An employee who has qualified for leave pursuant to subclause (a) of this clause and has also completed a further week or more of continuous service shall be allowed leave, and shall, subject to subclause (g) hereof, be paid at an hourly rate calculated in accordance with subclause (l) hereof for 2.923 hours for each completed week of continuous service performed since the close of the employee's last 12-month qualifying period.
(iii) The next 12-month qualifying period for each employee affected by such close-down shall commence to accrue from the day on which the plant or a section or sections concerned is reopened for work. Provided that all time during which an employee is stood off without pay for the purpose of this subclause shall be deemed to be time of service in the next 12-month qualifying period.
(iv) If in the first year of employment with an employer an employee is allowed proportionate annual leave under paragraph (i) of this subclause, and subsequently in such year leaves the employer or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of subclause (m) hereof, subject to adjustment of any proportionate leave which the individual may have been allowed as aforesaid.
(v) If a plant or section(s) is closed down by an employer in two separate periods, one of those periods shall be for a period of at least 21 consecutive days including non- working days.
12. Long Service Leave
See Long Service Leave Act 1955.
13. Sick Leave
(i) Any weekly employee not attending for duty shall lose pay for the actual time lost. Provided that an employee who has been employed by the employer for not less than one calendar month and who is absent from work because of their own ill- health due to any cause other than the employee’s own misconduct, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:
(a) The employee shall, within 24 hours of the commencement of such absence, notify the employer of their inability to attend for duty and, as far as practicable, state the nature of the illness and the estimated duration of the absence.
(b) The employee shall prove to the satisfaction of the employer that they were unable on account of such illness to attend for duty on the day or days for which sick leave is claimed.
(ii) Subject to the provisions of subclauses (i) and (v) hereof, an employee shall not be entitled in each year of employment by an employer to leave in excess of:
(a) In the first year of service, sick leave is to accrue at the rate of 6.66 hours for each of the first six months with the proviso that in the seventh month if a balance of unclaimed sick leave is available an employee may make application for payment for sick leave taken during the first six months but not paid at the time.
(b) During the second and subsequent years of service the sick leave entitlement shall be increased to 60.8 hours each year.
(iii) An employee, whose employment has been terminated because of a furnace going out of commission and who resumes their employment within seven days of the furnace restarting, shall be deemed to have been constantly employed in the interval between such cessation and restarting.
(iv) A seven-day continuous shift worker who is off duty due to sickness for six consecutive days for all of which the employee is entitled to sick pay, including a Sunday that the employee would have normally lost, shall be paid an amount which represents the penalty rate which they would have received had they worked on the Sunday.
(v) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (b) of subclause (ii) hereof which has in any year not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and, subject to the conditions herein prescribed, shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.
(vi) "Year" for the purpose of this clause shall commence, as to an employee who commences employment with an employer after the commencement of this award, as from the date such employee commences employment.
14. Bereavement Leave
(a) An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (c) of this clause.
(b) 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.
(c) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal carer's leave as set out in subparagraph (ii) of paragraph 15.1.3 of subclause 15.1 of clause 15, Personal Carer s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(e) Bereavement leave may be taken in conjunction with other leave available under subclauses 15.2, 15.3, 15.4, and 15.5 of the said clause 15. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
15. Personal/Carer's Leave
15.1 Use of Sick Leave —
15.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph 15.1.3 of subclause 15.1 of this clause 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 13, 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.
15.1.2 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.
15.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee, or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this paragraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
15.1.4 An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
15.2 Unpaid Leave for Family Purposes —
15.2.1 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 15.1.3 of subclause 15.1 of this clause who is ill.
15.3 Annual Leave –
15.3.1 An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.
15.3.2 Access to annual leave, as prescribed in paragraph 15.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.
15.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences, until at least five consecutive annual leave days are taken.
15.4 Time Off in Lieu of Payment for Overtime —
15.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
15.4.2 Overtime taken as time off during ordinary-time hours shall be taken at the overtime rate, that is, an ordinary-time hour multiplied by the appropriate overtime rate.
15.4.3 If, having elected to take time as leave in accordance with paragraph 15.4.1 above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
15.4.4 Where no election is made in accordance with paragraph 15.4.1 the employee shall be paid overtime rates in accordance with the award.
15.5 Make-up Time –
15.5.1 An employee may elect, with the consent of the employer, to work "make-up time," under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided for in the award, at the ordinary rate of pay.
15.5.2 An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
16. Meal Breaks
(a) Employees employed upon other than continuous shift work and seven- day shift work shall be allowed a meal break of not less than 30 minutes and not more than 45 minutes each day, to be taken at times fixed by mutual agreement between the employer and an accredited representative of the union. Nothing in this subclause shall preclude an agreement that meal breaks shall be staggered.
(b) An employee shall not be required to work more than 5.5 hours without a meal break or crib break, provided that no existing practice shall be varied without the agreement of the employer and an accredited representative of the union.
(c) For all work done by an employee during the meal break and thereafter until a meal break is allowed, time and a half shall be paid.
17. Overtime
(a) Time worked in excess of or outside the ordinary hours prescribed by this award or on a day or shift other than a rostered day or shift shall be known as overtime.
In each case where time is worked:
(i) by arrangement between the employees themselves and by agreement with the employer;
(ii) for the purpose of effecting the customary rotation of shifts, such time shall not be treated as overtime.
(b) Payment for Overtime Work — For working overtime, employees employed upon continuous shift work and seven-day continuous shiftwork shall be paid double time; day workers and non-continuous shift workers shall be paid at the rate of time and a half for the first hour and double time thereafter.
(c) Requirement to Work Reasonable Overtime — For all overtime work required, the employer, whenever it is reasonably possible to do so, shall make a request to an officer of the union to supply suitable labour for such work and the union shall supply whatever labour is required. In the event of such labour not being supplied in pursuance of such request, or it not being reasonably possible to make such request to an official of the union, all employees shall work such overtime as they are called upon to perform.
(i) An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
(ii) The union shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(d) Saturday and Sunday Work — For working overtime on a Saturday or Sunday the rate of pay shall be double time. A day worker required to work overtime on a Saturday or Sunday shall be paid for a minimum of four hours work.
(e) Public Holidays — For working overtime on a public holiday prescribed by this award an employee other than a continuous shift worker shall be paid treble time. A day worker required to work overtime on a public holiday shall be paid for a minimum of four hours work. This rate is in substitution for and not cumulative upon any other provision prescribed by this award.
(f) Call Back — An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate rate for each time he/she is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.
The foregoing shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee's ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
(g) Rest Period After Overtime — When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that there is not at least 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until such employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
If, on the instruction of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid at double time until released from duty for such period. The employee shall then be entitled to be absent from duty for 10 consecutive hours without loss of pay for ordinary working time occurring during such absence.
The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked.
(h) Travelling Time —
(i) An employee who is contacted on any day of the week at home and responds to a requirement to report for work which involves an additional trip to and from the workplace shall be paid one hour at the appropriate ordinary-time rate of pay for travelling time, irrespective of the distance travelled.
(ii) This clause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or in the case of planned overtime (weekends, public holidays, etc.), where notice of such overtime is given before the employee leaves the workplace, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
(i) Crib Break — A day worker required to work overtime:
(i) extending beyond 1.5 hours from the cessation of ordinary hours of work shall be entitled to a crib which shall be paid at ordinary rates. Where the overtime work will not extend beyond two hours, the employer may require the employee to defer taking the crib until the completion of overtime work; or
(ii) extending beyond four hours from the cessation of ordinary hours of work shall, before starting overtime after working ordinary hours, be allowed a crib break of 20 minutes which shall be paid at ordinary rates; or
(iii) continuing beyond a further four hours shall be entitled to a further crib which shall be paid at the prevailing overtime rate at the end of each additional four hours worked, provided that the work continues beyond the said four-hour periods.
(iv) Notwithstanding the provisions above, where the overtime work will not extend more than two hours beyond the last four-hour period, the employer may require the employee to defer taking the last crib until the completion of the overtime work.
(v) A day worker working overtime not continuous with ordinary time shall be allowed a crib time of 20 minutes, without deduction of pay, after each four hours of work if the employee continues to work after each crib time.
(vi) An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
Provided that where such employee is required to work overtime not continuous with ordinary time, the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.
(j) An employee required to work overtime for two hours or more shall be paid a meal allowance in accordance with Item 13 of Table 2 — Other Rates and Allowances, of Part B, for the first and each subsequent meal.
If an employee pursuant to notice has provided a meal or meals and is required to work less than the amount advised, such employee shall be paid the amount prescribed above for meals which the employee has provided but which are surplus.
18. Redundancy
(1) Application —
(i) This award shall apply in respect of all full-time and part-time persons employed in the classifications specified by clause 3, Wages.
(ii) This award shall apply in respect of employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause (4), Termination of Employment, of this clause.
(iii) Nothwithstanding anything contained elsewhere in this award, this award 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.
(iv) Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(2) Introduction of Change —
(i) Employer's duty to notify - Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
"Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
(ii) Employer's duty to discuss change —
(a) The employer shall discuss with the employees affected and the union to which they belong, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).
(c) For the purpose of such discussions, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(3) Redundancy — Discussions before terminations —
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (2), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(4) Termination of Employment —
(i) Notice for changes in production, programme, organisation or structure — This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with paragraph (i) of subclause (2), Introduction of Change:
(a) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
Period of Continuous Service Period of Notice
Less than 1 year 1 week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4 weeks
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of 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 in accordance with paragraph (i) of the said subclause (2).
(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 shall 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 purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(iv) Employee Leaving During the Notice Period — If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause 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 Centrelink — Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(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 for reasons set out in paragraph (i) of subclause (2), Introduction of Change, 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.
(5) Severance Pay —
(i) Where the employment of an employee is to be terminated pursuant to subclause 4, Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
Years of Service Under 45 years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over .20 weeks
(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:
Years of Service 45 years of Age and Over Entitlement
Less than 1 year .Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20 weeks
(c) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with the award, as varied.
(ii) Incapacity to Pay — Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (i) of this clause.
The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (i) of this subclause will have on the employer.
(iii) Alternative Employment — Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause if the employer obtains acceptable alternative employment.
(6) Savings Clause — Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the industrial organisation of employees and any employer bound by this clause.
19. Mixed Functions
(a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.
(b) Where employment involves functions of a mixed character, and an employee is employed for more than eight hours in working time in any one week on work for which a higher rate of pay is prescribed by this award than the rate of pay prescribed for the work usually done by the employee, the minimum rate to be paid to such employee shall be calculated for the week as if such only of the functions as are represented by the higher rate are performed. Provided that if any employee is employed for eight hours or less on work for which a higher rate of pay is prescribed than for the work usually done by the employee, such employee shall be paid the higher rate for the time spent on such work only.
(c) Employees engaged in sorting ware may be employed on other work during the working hours of their shift, but shall not be paid less than they would be entitled to if engaged in sorting throughout the shift. No restriction shall be imposed on the type of container into which an employee may be required to place ware direct from the lehr.
(d) The time occupied by relief employees in relieving other employees for crib and other purposes is not to be taken into account for the purposes of this clause.
(e) If, by the direction of the employer, an employee is employed upon work for which a higher rate of pay is prescribed by this award than the rate prescribed for the work usually done by the employee as part of an agreed training program, such time is not to be taken into account for the purposes of this clause.
20. Payment of Wages
(i) Wages shall be paid fortnightly and not more than 3 days wages shall be kept in hand. Provided that no existing practice at a site shall be altered, except by mutual agreement between the union and the employer, and provided that, by mutual agreement between the employer and the employee, normal weekly wage and penalty payments (where applicable) may be averaged and the employer shall pay the employee such average amount as that employee's normal weekly wage.
(ii) Where the employer and the employee agree, the employee may be paid wages by direct transfer into the employee's bank or other recognised financial institution account.
(iii) Any employee not paid by electronic funds transfer whose rostered day off occurs on a pay day, shall be paid wages due on that day on the employee's next ordinary working day unless such pay falls on a Friday when the wages will be paid to the employee on the ordinary working day immediately preceding the rostered day off.
(iv) An employee kept waiting for wages payable in cash on pay day for more than 15 minutes after the prescribed time for ceasing work or if paid by electronic funds transfer after the agreed time that such wages shall be available, shall be paid ordinary time after that 15 minutes with a minimum payment for 15 minutes. Provided that this subclause shall not apply where wages cannot be paid on time due to a cause beyond the control of the employer.
(v) An employee who is paid by electronic funds transfer and proceeding on annual leave during the week succeeding the normal pay day shall be paid for the period of leave on the pay day prior to the commencement of such leave.
(vi) Upon termination of employment, wages due to an employee shall be available on the day of such termination or where the employee is paid in cash forwarded by post, or where the employee is paid by electronic funds transfer by such transfer, within the next 48 hours, exclusive of Saturdays, Sundays and public holidays, unless other arrangements are agreed upon by the employer and the employee concerned.
(vii) By agreement between the employer and the majority of affected employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly.
21. Travelling Time and Fares
(a) Employees who on any day or from day to day are required to work at a job away from their accustomed workshop or depot shall, at the discretion of the employer, present themselves for work at such job at the usual starting time; but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from their homes to such workshop or depot and returning) they shall be paid travelling time and also any fares reasonably incurred in excess of those normally incurred in travelling between their homes and such workshop or depot.
(b) The rate of pay for travelling time shall be ordinary rates, except on Sundays and the holidays prescribed by clause 9, Holidays and Sundays, when it shall be time and a half.
22. Miscellaneous Provisions
(a) As far as it is practicable, all employees shall be protected from wet weather during the course of their duties.
(b) Suitable wet weather clothing shall be supplied, where necessary, to all employees working out in wet weather.
(c) Gloves shall be supplied by the employer to all employees engaged on work requiring same. Employees shall return old gloves when applying for new ones.
(d) Employees engaged in sorting and cutting glass shall each be supplied with a suitable apron which shall be maintained by them in a clean condition and returned to the employer upon termination of employment. The old apron shall be returned before a replacement issue is made.
(e) Suitable boots shall be supplied to employees engaged in keeping clean the bottle making machinery and the surrounding floor.
(f) 600 mls of milk shall be supplied to an employee when making lead batch.
23. Settlement of Industrial Disputes
Should any dispute arise between an employer and the union on any industrial matter arising out of the operation of this award, the employer and the union shall confer in good faith with a view to the settlement of such dispute by conciliation in accordance with the following procedure:
(i) Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee and the individual supervisor.
(ii) If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the union shop steward or union official, the foreman and the superintendent of the relevant department.
(iii) If not settled, the matter shall be submitted by the shop steward or union official to the industrial officer or other appropriate officer of the employer.
(iv) If not settled, the shop steward or union official shall submit the matter to the branch Secretary or nominee thereof, who shall discuss the matter with the employer.
(v) If agreement has not been reached at the preceding level, the matter shall then be referred to the Federal office of the union and the employer's Head Office and discussed at that level.
(vi) If the matter is not settled it shall be referred to the Industrial Relations Commission of New South Wales which shall endeavour to settle the matter by conciliation.
(vii) While the above procedure is being followed, work shall continue normally where it is agreed that there is an existing custom, but in other cases work shall continue at the instruction of the employer.
(viii) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.
24. Jury Service
An employee on weekly hiring required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time they would have worked had they not been on jury service.
An employee shall notify their employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.
25. Motor Vehicle Allowance
An employee who, by agreement with their employer, uses their own motor vehicle on the employer's business shall be paid an amount as set out in Item 14 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates.
26. First-aid
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 St John Ambulance or a similar body shall be paid an amount as set out in Item 15 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates, if an employee is appointed by the employer to perform first-aid duty.
27. Rest Pauses
(a) Each employee shall be permitted during the first or second half of a day or shift to a rest pause of ten minutes for refreshment.
(b) The time at which the rest pause referred to in subclause (a) of this clause shall be taken in the case of each employee shall be at the discretion of the employer.
(c) The rest prescribed by this clause shall be counted as time worked.
28. Exemptions
(i) Pilkington A.C.I. Pty Limited at its Alexandria Plant and Newcastle Glass Works Pty Limited are exempt from the provisions of this award.
(ii) Philips Lighting Industries Holdings Limited, trading as Philips Lighting Industries are exempt from the terms of this award so long as the company observes the terms and conditions of Industrial Agreement No. 3558 and any Industrial Agreement or any Industrial Agreement rescinding and replacing the said Principal and Supplementary Agreements.
(iii) James A. Jobling Pty Limited are exempt from the terms of this award so long as the company observes the terms and conditions of Industrial Agreement No. 4683 and any Industrial Agreement supplementary to and having the effect of varying the said Principal Agreement or any Industrial Agreement rescinding and replacing the said Principal and Supplementary Agreements.
29. 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 and age.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in 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.
NOTE:
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 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.”
30. Area, Incidence and Duration
This award rescinds and replaces the Glass Makers (State) Award published 3 April 1998 (304 I.G. 119), and all variations thereof. It shall apply to all employees engaged in or in connection with the manufacture of glass articles and of glass within the jurisdiction of the Glass Makers (State) Industrial Committee.
This award is to take effect from the first full pay period to commence on or after 20 December 2000, and shall remain in force for a period of 12 months.
PART B
MONETARY RATES
Table 1 — Wages
|Classification |Former Rate Per week |SWC 2000 |Total Rate per week |
| |$ |$ |$ |
|Plant Assistant |410.60 |15.00 |425.60 |
|Process Assistant |416.70 |15.00 |431.70 |
|Melt Operator | | | |
|as defined |422.60 |15.00 |437.60 |
|as defined |436.30 |15.00 |451.30 |
|Glass Maker |448.50 |15.00 |463.50 |
|Machine Attendant – | | | |
|as defined |416.70 |15.00 |431.70 |
|as defined |436.30 |15.00 |451.30 |
|Ware Maker |483.70 |15.00 |498.70 |
|Ware Handler |422.60 |15.00 |437.60 |
|Mobile Handler | | | |
|as defined |422.60 |15.00 |437.60 |
|as defined |435.60 |15.00 |450.60 |
|Goods Handler |445.30 |15.00 |460.30 |
|Store Attendant |422.60 |15.00 |437.60 |
|Verifier |434.10 |15.00 |449.10 |
|Artisan |434.10 |15.00 |449.10 |
Table 2 — Other Rates and Allowances
|Item No |Clause No |Brief Description |Total Amount |
| | | |$ |
|1 |3(iii)(a) | Leading hand | 27.37 |
| |3(iii)(b) | Section Leader | 12.40 |
| |3(iii)(c) | Charge Hand | 23.30 |
|2 |3(iv) | Casual Employees | 20% |
| | | Additional Rates — | |
|3 |3(v) |6 months |10.36 per week |
| | |12 months |11.24 per week |
| | |18 months |11.75 per week |
|4 |3(vi) | Metrology | 10.93 |
|5 |3(vii) | Settler Down | 12.40 |
|6 |5(A) | Soda Ash | 1.07 per hour |
|7 |5(B) | Boiler Firing | 0.60 per hour |
|8 |5(C) | Raw Materials | 0.41 per hour |
|9 |5(D) | Skimming and Floater Set | 1.55 per ½ hour |
|10 |5(E) | Furnace Repair | 8.46 per day |
|11 |5(I) | Jack Bolt Tensioner | 4.57 per shift |
|12 |5(J) | Loading/Unloading | 4.57 per shift |
|13 |17(J) | Meal Allowance | 7.73 |
|14 |25 | Motor Vehicle Allowance | 0.40 per km |
|15 |26 | First-aid | 2.23 per shift |
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(256) SERIAL C0103
Crown Employees (Skilled Trades) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 3698 and 3729 of 1999)
Before Commissioner Bishop 22 November 2000
REVIEWED AWARD
Arrangement
PART A
|Clause No. |Subject Matter |
| 1. |Definitions |
| 2. |Hours — Day Workers |
| 3. |Rates of Pay |
| 4. |Allowances |
| 5. |Tool Allowance |
| 6. |Leading Hands |
| 7. |Mixed Functions |
| 8. |Excess Fares and Travelling Time |
| 9. |Overtime |
|10. |Shift Work |
|11. |Holidays and Sunday Work |
|12. |Payment of Wages |
|13. |Contract of Employment |
|14. |Distant Work |
|15. |Chokages |
|16. |Special Conditions |
|17. |Hygiene and Safety First-aid Outfit |
|18. |Conveniences |
|19. |Piecework |
|20. |Damage to Clothing or Tools |
|21. |Sharpening Tools |
|22. |Special Tools and Clothing |
|23. |Insurance of Tools |
|24. |Exhibition of Award |
|25. |Anti-Discrimination |
|26. |Carer’s Leave |
|27. |Union Delegates |
|28. |Disputes Resolution |
|29. |Transport of Employee's Tools |
|30. |Picnic Day |
|31. |General Leave Conditions and Accident Pay |
|32. |Area, Incidence and Duration |
PART B
RATES AND ALLOWANCES
Table 1 — Rates of Pay
Table 2 — Tool Allowances
Table 3 — Other Allowances
Schedule A — Award and Variations Incorporated
Schedule B — Changes made on Review
PART A
This award shall be known as the Crown Employees (Skilled Trades) Award.
1. DEFINITIONS
1.1 For the purpose of this award, the definitions of the various classes specified in clause 3, Rates of Pay, shall be those which are contained in the respective State Craft Awards in relation to similar classes.
1.2 "Plant Mechanic" shall mean a Worker engaged in making, repairing, altering and testing metal parts (including electrics) of engine, frames, tracks, transmissions and auxiliaries of machines used on construction, earthmoving or similar operation.
1.3 Mechanical Tradesperson — Special Class means a Mechanical Tradesperson who is mainly engaged in any combination of installing, repairing and maintaining, testing, modifying, commissioning or fault finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles. They must be able in the course of such work to read and understand hydraulic and/or pneumatic circuitry that controls fluid power systems.
To be classified as a Mechanical Tradesperson - Special Class a tradesperson must have had a minimum of two years on-the-job experience as a tradesperson working predominantly on fluid power systems to enable the carrying out of such work with minimum supervision and technical guidance; and
Additionally they must have satisfactorily completed a prescribed post-trades course or reached a comparable standard of skill and knowledge by other means including in-plant training or on-the-job experience.
1.4 Electronic Tradesperson — for the purpose of this definition: "mainly engaged" means regularly over a period or intermittently during a week.
1.4.1 “Electronic Tradesperson” means an electrical tradesperson who is engaged in applying his/her knowledge and skills to the task of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and the diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesperson is required to carry out his/her tasks.
To be classified as an Electronic Tradesperson, the employee must have at least three years on-the-job experience as a tradesperson in electronic systems utilising integrated circuits and in addition, must have satisfactorily completed a post trades course in electronics equivalent to at least two years’ part time study. In addition, to be classified as an electronic tradesperson, a tradesperson must be capable of:
(a) Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment;
(b) Working under minimum supervision and technical guidance;
(c) Providing technical guidance within the scope of the work described in this definition;
(d) Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.
2. HOURS — DAY WORKERS
2.1 Except as provided elsewhere in this Award the ordinary working hours shall be 38 per week and shall be worked in accord with the following provisions for a four-week work cycle:
The ordinary working hours shall be worked as a 20-day four-week cycle Monday to Friday inclusive with 19 working days of eight hours each between the hours of 6.00 a.m. and 6.00 p.m. Employees shall be credited with 0.4 of one hour on each day worked. This time will accrue as an entitlement to take the fourth Monday in each cycle as a day off with pay.
By agreement in writing between the employer and the employee(s) an alternate day may be substituted for the fourth Monday. All provisions of the relevant award will apply to the alternate day as to the usual rostered day off (RDO).
The agreement regarding the substituted day shall be made at least seven clear days prior to the date of the RDO.
Where an employee works on his/her rostered day off in accordance with this subclause, he/she may elect, where practicable, to have another day off before the end of the succeeding work cycle. In such a case the accrued entitlements are transferred to the substituted day off.
Provisions of subclause 2.5 shall not apply where 7 days clear notice is given in accordance with subclause 2.1 of this clause.
No later than the 1st December each year the employer organisations and the Labor Council of N.S.W. Building Industry Group shall meet to program the calendar so as to ensure that where appropriate, rostered days off fall together with Public Holidays as prescribed in Clause 11 Holidays and Sunday Work, of the award.
2.2 Where the fourth Monday or agreed RDO falls on a public holiday, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the employer and the employee.
2.3 Each day of paid, sick or recreation leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.
2.4 Where an employee has not worked a complete 4 week cycle, they shall be entitled to pro-rata accrued entitlements towards an RDO for each day (or fraction thereof) worked or regarded as worked in the cycle. This provision will also apply to their entitlements on termination of employment.
2.5 In addition to their accrued entitlements, employees shall be paid at the rates for Saturday work as provided in clause 9, Overtime, if required by the employer to work on an accrued RDO. The requirement to work shall apply in circumstances where it is necessary to enable other workers to be employed productively, or to carry out maintenance outside ordinary working hours, or for any other reasons arising from unforeseen delays and/or emergency circumstances on a project.
2.6 A paid rest period of ten minutes shall be provided between 9.00 a.m. and 11 a.m. or at such earlier time as may be mutually agreed upon. Employees will be allowed a tea break during the afternoon period at a time to be arranged by the employer. The taking of the tea break shall not involve a complete stoppage of work. Where the majority of employees on a particular site are covered by awards other than this award, the conditions for the taking of morning and afternoon rest breaks that apply to the majority shall be observed by mutual agreement.
2.7 Painters shall be allowed five minutes before lunch and before knock off time to clean and put away their brushes, tools, etc., and bridge and wharf carpenters shall be allowed five minutes before ceasing time to wash and put away gear.
3. RATES OF PAY
An employee of a classification specified in Part B, Table 1 — Rates of Pay shall be paid the weekly rate of pay assigned to that classification as shown in Table 1.
4. ALLOWANCES
4.1 In addition to the wages and tool allowances prescribed in Part B, Table 1 and Item 1 of Table 2, the following special rates and allowances as set out in Part B, Table 3 — Other Allowances shall be paid to employees.
4.2 Carpenter Diver — The hourly rate of pay for a Carpenter Diver shall be calculated by adding the allowance rate specified in Item 3 of Part B, Table 3 to the weekly rate for a bridge and wharf carpenter and dividing the result by 31.
4.3 The following provisions shall apply when a bridge and wharf carpenter is called upon to work as a diver.
(a) In the period before the lunch break, payment shall be at the carpenter-diver rate for all time worked, with a minimum payment of three hours.
(b) After the lunch break, payment at carpenter-diver rate is for time worked or for three hours, whichever is the greater.
(c) Where the employee undertakes work as a carpenter-diver both before and after the daily meal break on the same day, payment for the whole day of six hours twelve minutes shall be at the carpenter-diver rate.
(d) For any other work on a day during a period when not paid as a carpenter diver they shall receive the rates for a bridge and wharf carpenter.
(e) A carpenter-diver required on any day or shift to work at depths of twelve metres or over shall be paid a minimum of six hours twelve minutes at the Carpenter Divers' rate for such day or shift.
4.4 Electricians — An electrician who is the holder of a New South Wales Electrician’s licence shall be paid the allowance rate specified in Item 3 of Part B, Table 3.
4.5 Lead Burner — The ordinary rates for lead burners shall be calculated by adding to the rate prescribed for journeyman plumbers in this award the allowance rate specified in Item 4 of Part B, Table 3.
4.6 Plumber and Drainer — The ordinary rate of wages for employees in each of the undermentioned classifications shall be calculated by adding to the rate specified in Part B, Table 1 the allowance rate specified in Item 5 of Part B, Table 3:
4.6.1 When required to act on their Plumber's licence;
4.6.2 When required to act on their Gasfitter's licence;
4.6.3 When required to act on their Drainer's licence;
4.6.4 When required to act on their Plumber's and Gasfitter's licence;
4.6.5 When required to act on their Plumber's and Drainer's licence;
4.6.6 When required to act on their Gasfitter's and Drainer's licence;
4.6.7 When required to act on their Plumber's, Gasfitter's and Drainer's licence.
4.7 Electric Welding — An additional allowance as specified in Item 6 of Part B, Table 3 shall be paid to employees holding a Department of Industrial Relations oxy-acetylene or electric welding certificate and who operate at the skill levels required for the certificate. The allowance will be paid in addition to the rates for journeyman plumber contained in the award for work necessitating the holding of a certificate, supervision by a certificate holder or while supervising such work.
4.8 Boot or Shoe Repairer — A boot or shoe repairer who for the major part of the week is required to repair anatomical, surgical or orthopaedic boots or shoes shall be paid the allowance rate specified in Item 7 of Part B Table 3.
4.9 Shipwright-Boatbuilder — The ordinary rate of wages for Liner Off, Loftsman and Model Maker shall be calculated by adding to the rate prescribed in clause 3, Rates of Pay, the allowance rate specified in Item 8 of Part B, Table 3.
4.10 Computing Quantities — Employees, excluding leading hands and charge hands, who are regularly required to compute or estimate quantities or materials in respect to the work performed by the other employees shall be paid the allowance rate specified in Item 9 of Part B, Table 3.
4.11 Joiners, Department of Public Works — A Joiner employed by the Department of Public Works shall be paid the allowance rate specified in Item 10 of Part B, Table 3. This rate is fixed for all purposes of the award.
The provisions of this subclause shall only apply to a joiner when required to work at his/her regular place of employment.
Where a joiner works away from his/her regular place of employment a deduction specified in Item 10 of Part B, Table 3 shall be made from the allowance rate so specified for each day so worked.
4.12 Registration Allowance — A Plumber and/or Gasfitter and/or Drainer who is or will be required to be the holder of a Certificate of Registration shall be paid the allowance rate specified in Item 11 of Part B, Table 3. This allowance shall be paid for all purposes of the award with the exception of clause 9, Overtime, and clause 10, Shift Work. In this case it shall be paid as a flat rate for all hours worked.
4.13 Marking Off/Setting Out — A building tradesperson mainly employed marking and/or setting out work for other employees shall be paid the allowance rate specified in Item 12 of Part B, Table 3.
4.14 Cold Places — Employees working in places where the temperature is reduced by artificial means to less than 0 degrees Celsius shall be paid the allowance rate specified in Item 13 of Part B, Table 3. Where such work continues for more than two hours, employees shall be entitled to twenty minutes rest after every two hours work without loss of pay.
4.15 Confined Spaces — Employees required to work in a confined space shall be paid the allowance rate specified in Item 14 of Part B, Table 3. Confined space means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation.
4.16 Dirty Work —
4.16.1 Work which is considered by both a supervisor and worker to be of a dirty or offensive nature by comparison with the work normally encountered in the trade concerned, and for which no other special rates are prescribed, shall be paid for by the allowance rate specified in Item 15 of Part B, Table 3.
In the case of disagreement between the supervisor and worker the latter shall be entitled within twelve hours to ask for a decision on his/her claim by the employer, industrial officer, manager, superintendent or engineer. A decision shall be given on the worker's claim within 24 hours of its being asked for (unless the time expires on a non-working day, in which case it shall be given on the next working day) or else the said rate shall be paid. In any case where the union is dissatisfied with the decision of the employer, industrial officer, manager or engineer, it shall have the right to bring such case before the Industrial Commission of New South Wales.
4.16.2 —
(i) In addition to the minimum rates of pay specified by this award, a bridge and wharf carpenter shall receive an allowance as specified in Item 15 of Part B, Table 3 when working in the following circumstances:
(a) when using creosote, tar, bitumen, wood preservative or any other material or liquid that is damaging to clothes or unduly objectionable to the employee or damaging to his/her tools; and
(b) when working with materials which have been treated with any of the said substances in such a way as to pollute the clothes or the person of the employee or damage his/her tools.
(ii) Oil or other suitable solvents shall be provided by the employer free of charge to bridge and wharf carpenters to remove tar, bitumen, creosote or similar preparations from their persons.
(iii) In addition to the minimum rates of pay provided by this award, a special hourly allowance set out at Item 15 of Part B, Table 3 is available to a bridge and wharf carpenter in the following circumstances. The allowance is payable where the employee is working in such dirty or dusty conditions that they incur damage to their clothing or injuries to their person. This may include work on, or engagement in, construction, repair, demolition or renovation of coal hoppers or bins, or metal hoppers or bins, or on the repair, demolition or renovation of wharves or gantries, bridges, piers, towers or flying-foxes, jetties, dolphins or works of a like nature.
(iv) In the event of any dispute arising as to whether any work is of a character entitling a bridge and wharf carpenter to a special payment in terms of subparagraphs (i) or(iii) of this subclause, the Dispute Resolution procedures outlined in Clause 27 of the reviewed award are to be followed. The matter may be referred to the Industrial Commission of New South Wales if no resolution is reached. A decision in respect of any claim shall be made by the employer or his/her engineer within forty-eight hours of the claim being made.
(v) A Shipwright Boatbuilder who is:-
(a) stripping, caulking, tarring and sheathing on old work below the waterline;
(b) doing work in connection with coal bunkers and holds in which coal has been carried and dirty steering gear;
(c) doing work in connection with wooden ceilings in hatches, sheathing in holds, replacing timber on ceilings and sheathing in connection therewith (old work only);
(d) doing work where laykold, resque steel, never reust, adfast, wetred lead, onazote or any similar materials are used by shipwrights;
(e) doing work with a portable sanding machine when an adequate dust catcher is not fitted to such machine;
(f) doing work in places where bulk sugar, scrap iron, hides and cement have been carried;
(g) doing work which is rendered unusually dirty by the presence of coal(other than Indian and South African);
shall receive a special hourly rate as set out at Item 15 of Table 3 whilst so employed in addition to the minimum rates of pay provided by this award.
4.17 Height Money — Employees, working at a height of 7.5 metres from the ground, deck, floor or water shall be paid the allowance rates specified in Item 16 of Part B, Table 3. Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, deck, floor or water. For the purpose of this subclause, deck or floor means a substantial structure that, even though temporary, is sufficient to protect an employee from falling any further distance. Water level means in tidal waters mean water level. This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Scaffolding and Lifts Act 1912.
4.18 Hot Places — Employees working in the shade in places where the temperature is raised by artificial means to between 46 degrees and 54 degrees Celsius shall be paid the allowance rate specified in Item 17 of Part B, Table 3. In places where the temperature exceeds 54 degrees Celsius such employees shall be paid the allowance rate specified in Part B, Table 3.
Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to twenty minutes' rest after every two hours work, without deduction of pay. The work supervisor will decide as to the temperature level, after consultation with the employees who claim the extra rate.
4.19 Insulation Material — An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature, shall be paid the allowance rate specified in Item 18 of Part B, Table 3. This rate shall also apply to employees working in such close proximity so as to be affected by the insulating material.
4.20 Smoke-boxes, etc. — Employees working on repairs to smoke-boxes, furnace or flues of boilers shall be paid an additional hourly allowance. An employee engaged on repairs to oil fired boilers, including the casings, uptakes and funnels, or flues and smoke stacks, shall, while working inside such boiler, be entitled to an allowance. The rates for both allowances are specified in Item 19 of Part B, Table 3.
4.21 Wet Places —
4.21.1
(i) An employee working in any place where water is continually dripping on the employee, or where there is water underfoot so that clothing and boots become wet, shall be paid the allowance rate specified in Item 20 of Part B, Table 3. This extra rate is not payable where an employee is provided with suitable and effective protective clothing and/or footwear. An employee who becomes entitled to this extra rate shall be paid at that rate for any part of the day or shift that they are required to work in wet clothing or wet boots.
(ii) Where a plumber is required to work in the rain he shall be paid the allowance rate specified in Item 20 of Part B, Table 3 for time so worked.
4.21.2 An employee who is called upon to work on a raft or open boat, or on a punt or pontoon having a freeboard of 305 mm or less shall be entitled to the allowance rate specified in Item 20 of Part B, Table 3.
4.21.3 An employee called upon to work knee-deep in mud or water, shall be paid at the rate of the allowance rate specified in Item 20 of Part B, Table 3. This subclause shall not apply to an employee who is provided with suitable protective clothing and/or footwear.
4.22 Acid furnaces, Stills, etc —
4.22.1 A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork, shall be paid the allowance rate specified in Item 21 of Part B, Table 3. This additional rate shall be regarded as part of the wage rate for all purposes of the award.
4.22.2 An employee engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid the allowance rate specified in Item 21 of Part B, Table 3. This additional rate shall be regarded as part of the wage rate for all purposes.
4.23 Towers Allowance — An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo over fifteen metres in height shall be paid the allowance rates specified in Item 22 of Part B, Table 3, for all work above fifteen metres.
4.24 Depth Money:- An employee working in tunnels, cylinders, caissons, coffer dams and sewer work, and in underground shafts exceeding 3 metres in depth shall be paid the allowance rate specified in Item 23 of Part B, Table 3.
4.25 Swing Scaffolds — The allowance rates specified in Item 24 of Part B, Table 3 for the first four hours or any portion thereof, and for each hour thereafter on any day shall be made to any persons employed:
(a) on any type of swing scaffold or any scaffold suspended by rope or cable, bosun's chair, etc.
(b) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane.
Solid plasterers when working off a swing scaffold shall receive an additional hourly payment as set out in Item 24 of Part B, Table 3.
An employee shall not be required to raise or lower a swing scaffold by themselves.
4.26 Spray Application — A painter engaged on all spray applications carried out in other than a properly constructed booth approved by the Department of Industrial Relations shall be paid the allowance rate specified in Item 25 of Part B, Table 3.
4.27 Soil Pipes — An allowance shall be paid as specified in Item 26 of Part B, Table 3 for all work, other than chokages, that is done in connection with lavatories, urinals, soil or waste pipes where used principally for venereal patients in hospitals or ships. The allowance need not be paid if suitable gloves and (where necessary) suitable boots are supplied to the employee concerned for use during such work. Gloves and boots remain the property of the employer.
4.28 Working Second Hand Timber — If, while working with second hand timber, a Bridge and Wharf Carpenter's tools are damaged by nails, dumps or other foreign matter in the timber, he/she shall be entitled to the allowance rate specified in Item 27 of Part B, Table 3 for each day upon which his/her tools are so damaged. Payment of the allowance is contingent upon the damage being reported immediately to the employer's representative on the job in order that the claim can be proved.
4.29 Roof Work — Employees engaged in the fixing or repairing of a roof or any other work in excess of 12 metres from the nearest floor level shall be paid the allowance rate specified in Item 28 of Part B, Table 3.
4.30 Electric Welding — Plumbers:- A plumber engaged on electric welding applicable to plumbing shall be paid the allowance rate specified in Item 29 of Part B, Table 3 for the time so worked.
Extra Rate Not Cumulative — When more than one of the above rates provide payment for disabilities of substantially the same nature, then only the highest of such rates shall be payable.
Rates Not Subject To Penalty Provisions — The special rates herein prescribed shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty conditions.
4.31 Explosive Powered Tools —
4.31.1 Employees required to use explosive powered tools shall be paid the allowance rate specified in Item 30 of Part B, Table 3.
4.31.2 If bridge and wharf carpenters are required to use power driven tools they shall be paid the allowance rate specified in Item 30 of Part B.
4.32 Scaffolding Rigging — An employee who is the holder of a scaffolding or rigging certificate issued by the Department of Industrial Relations and undertakes work that requires a person to have such a certificate, shall be paid the allowance rate specified in Item 31 of Part B, Table 3.
4.33 Corrective Establishments — An employee of the Department of Public Works & Services who is required to work in the maximum security sections of the following Corrective establishments — Long Bay (including Malabar Training Centre); Parramatta, Maitland, Goulburn, Grafton, Mulawa, Bathurst, Parklea, Endeavour House, Patterson House section of Minda, Lithgow and Mount Penang shall be paid the hourly allowance rate specified in Item 32 of Part B, Table 3.
4.33.1 Mental Institutions — Employees of the Department of Public Works and Services working in mental institutions shall be paid the allowance rate specified in Item 32 of Part B, Table 3 in addition to all other rates payable under this award. This payment is not applicable to overtime or other penalty rates:
Payment under this subclause shall not be made in respect of work done in such areas as may be agreed upon between the respective unions and the Public Employment Office.
4.33.2 Geriatric Hospitals:- Employees working or required to work in the following geriatric hospitals: namely, Allandale, Garrawarra and Strickland, shall be paid an allowance as set out in Item 32 of Part B, Table 3. Those working or required to work at Lidcombe Hospital shall be paid the allowance rate specified in Item 32 of Part B, Table 3 in addition to all other rates payable under this Award. This payment is not applicable to overtime or other penalty rates:
4.33.3 —
(i) A Plumber who shall be required to work in hot and/or cold water tanks for the purpose of the control of Legionella Pneumophila shall be required to use and wear the appropriate respiratory equipment and safety clothing as directed by the Department of Health. They will be paid the allowance rate specified in Item 32 of Part B, Table 3 per hour or part thereof while undertaking such work.
The allowance prescribed by this subclause shall be in lieu of the special rates prescribed in subclauses 4.14 Cold Places, 4.15 Confined Spaces, 4.18 Hot Places and 4.21 Wet Places of this clause.
(ii) An employee who is required to assist a plumber in the performance of work described in(d)(i) above shall not be entitled to the allowance as so prescribed but shall be entitled to any other special rates prescribed under clause 4, Allowances if applicable.
4.34 Distant Places —
4.34.1 All employees working in districts west and north of and excluding
(i) State Highway No. 17 from Tocumwal to Gilgandra
(ii) State Highway No. 11 from Gilgandra to Tamworth
(iii) Trunk Road No. 63 to Yetman and State Highway No. to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes.
shall be paid the allowance rate specified in Item 33 of Part B, Table 3.
4.34.2 All employees working the in Western Division of the State shall be paid the allowance rate specified in Item 33 of Part B, Table 3.
4.34.3 All employees working within the area bounded by and inclusive of
(i) Snowy River from the New South Wales border to Dalgety, then by road directly from Dalgety to Berridale
(ii) on the Snowy Mountain Highway at Adaminaby to Blowering
(iii) from Blowering southwest to Welaregang and on the Murray River
(iv) in a south-easterly direction along the New South Wales border to the point of commencement.
shall be paid the allowance rate specified in Item 33 of Part B, Table 3 extra per day or part thereof.
4.35 Bridge and Road Construction — Employees engaged on road and bridge construction and repair within the area bounded by and inclusive of:
(i) Queensland border on the north
(ii) State Highway No. 9 from Tenterfield to Bendemeer on the west
(iii) State Highway No. 11 from Bendemeer to Port Macquarie on the south
(iv) the coastline from Port Macquarie to Tweed Heads on the east.
shall be paid the allowance rate specified in Item 34 of Part B, Table 3 per day extra.
4.36 Morgues — An employee required to work in a morgue shall be paid the allowance rate specified in Item 35 of Part B, Table 3 per hour whilst so employed.
4.37 Applying Obnoxious Substances —
4.37.1 An employee engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid the allowance rate specified in Item 36 of Part B, Table 3.
4.37.2 In addition, employees applying such material in buildings which are normally air conditioned shall be paid the allowance rate specified in Item 36 of Part B, Table 3.
4.37.3 Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator. In addition, protective clothing shall be supplied where recommended by the NSW Department of Health.
4.37.4 Employees working in close proximity to employees so engaged shall be paid the allowance rate specified in Item 36 of Part B, Table 3.
4.37.5 For the purpose of this clause, all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.
4.38 Bricklayers laying other than Standard Bricks:- Bricklayers employed laying blocks (other than concrete blocks for plugging purposes) shall be paid the allowance rates specified in Item 37 of Part B, Table 3 in relation to the weight of the blocks.
4.38.1 Where the block weighs over 5.5 kg and under 9 kg.
4.38.2 Where the block weighs 9 kg or over and up to 18 kg.
4.38.3 Where the block weighs over 18 kg.
An employee shall not be required to lift a building block in excess of 20 kg in weight unless provided with a mechanical aid or an assistant. An employee shall not be required to manually lift any building block in excess of 20 kg in weight to a height of more than 1.2 metres above the working platform.
This subclause shall not apply to employees being paid the extra rate for refractory work.
4.39 Bagging — Employees engaged upon bagging bricks or concrete structures shall be paid the allowance rate specified in Item 38 of Part B, Table 3.
4.40 Cleaning Down Brickwork — A bricklayer required to clean down bricks using acids or other corrosive substances shall be paid the allowance rate specified in Item 39 of Part B, Table 3. Employees will be supplied with gloves by the employer when undertaking such work.
4.41 Asbestos — Employees required to work with materials containing asbestos or to work in close proximity to employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority. Where it is mandatory to wear protective equipment the employees shall be paid the allowance rate specified in Item 40 of Part B, Table 3 whilst engaged on such work.
4.42 Pneumatic Tool Operation — A stonemason in New South Wales using pneumatic tools of 2.75 kilograms or over in weight shall be paid the allowance rate specified in Item 41 of Part B, Table 3 each day on which he uses such a tool.
4.43 Brick Cutting Machine — One bricklayer on each site to operate the cutting machine and to be paid the allowance rate specified in Item 42 of Part B, Table 3 per hour or part thereof while so engaged.
4.44 Asbestos Eradication — This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this award.
Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials that consist of, or contain asbestos.
All aspects of asbestos eradication work shall be conducted in accordance with the Occupational Health and Safety Act 1983, the Occupational Health and Safety (Asbestos Removal Work) Regulation 1996 and the Construction Safety Act 1912 Regulations concerning construction work involving asbestos and asbestos cement.
In addition to the rates prescribed in this Award an employee engaged in asbestos eradication (as defined) shall receive the allowance rate specified in Item 43 of Part B, Table 3. This is in lieu of special rates as prescribed in Clause 4 Allowances, with the exception of subclauses 4.14 cold places; 4.18 hot places; 4.25 swing scaffold; 4.26 spray application and 4.28 working second hand timber.
Other Conditions —
The conditions of employment rates and allowances, except so far as they are otherwise specified in this subclause shall be the conditions of employment, rates and allowances of the award as varied from time to time.
4.45 Animal Houses — An employee who is required to work in an Animal House shall be paid an additional hourly allowance as set out in Item 44 of Part B Table 3 whilst so employed.
4.46 Coal Wash — Employees of the Roads and Traffic Authority involved in road construction work in the Illawarra region working in areas where coal wash is being unloaded, handled or spread shall be paid an hourly allowance as set out in Item 45 of Part B Table 3. The Illawarra region is defined to represent the area serviced from the Bellambi Works Office
5. TOOL ALLOWANCE
In addition to the rate of pay as prescribed in Part B, Table 1 — Rate of Pay an employee of a classification specified in Item 1 of Part B, Table 2 shall be paid a tool allowance as prescribed in that table. The tool allowance is applicable to both skilled tradespeople and apprentices and is to form part of the ordinary pay for all purposes.
6. LEADING HANDS
Leading hands shall be shall be paid allowances prescribed in Part B Table 3 — Allowances as follows:
6.1 Employees appointed to be in charge of up to and including five employees as per Item 46 of Part B, Table 3.
6.2 Employees appointed to be in charge of more than five and up to and including ten employees as per Item 47 of Part B, Table 3.
6.3 Employees appointed to be in charge of more than ten employees as per Item 48 of Part B, Table 3.
7. MIXED FUNCTIONS
Where an employee is engaged for more than two hours daily or per shift on higher duties, including duties entitling him/her to a leading hand allowance, they shall be entitled to a higher duties allowance or rate allowance for the whole of such day or shift.
If the higher duties are undertaken for two hours or less during one day, payment at the higher rate shall apply only to hours worked. If an employee is required to act as leading hand at the commencement of a day or shift, they shall be paid the appropriate allowance for the whole of such day or shift.
8. EXCESS FARES AND TRAVELLING TIME
8.1 An allowance specified in Item 49 of Part B, Table 3, shall be paid by employers to employees to compensate for excess fares and travelling time to and from places of work:
Provided that —
8.1.1 the above stated allowance shall not be payable if the employer provides or offers to provide transport free of charge to the employees in which case the allowance rate specified in Item 50 of Part B, Table 3 shall be paid.
8.1.2 An employee is still entitled to the allowance, subject to the foregoing provisions, if instead of using public transport, they have used other means of travel or walked to their places of work.
8.1.3 Entitlement to an allowance under the provisions of this subclause applies only when tradespeople work away from their regular place of employment.
8.2 Allowances specified in Item 51 of Part B, of Table 3, shall be paid to first year apprentices (or probationers) and to 2nd, 3rd and 4th year apprentices to compensate for excess fares and travelling to and from work.
8.2.1 The above stated allowance shall not be payable if the employing Authority provides or offers to provide transport free of charge to the apprentices in which case the allowance rates specified in Item 52 of Part B, Table 3 shall be paid.
8.2.2 An apprentice is still entitled to the allowance, subject to the foregoing provisions, if instead of using public transport, they use other means of travel or walk to their places of work.
The provisions of this subclause apply to an apprentice only when working away from his/her regular place of employment and/or workshop.
8.3 An employee who is required by their employer to work at a job away from their accustomed workshop shall report for work at the job at their usual starting time. For each day spent on such work, employees will be entitled to an allowance as set out in Item 49 of Part B Table 3 and at Item 51 for apprentices. Where the travel time and fares are in excess of those normally incurred in travelling to their customary workshop, they shall be paid an allowance for the excess travel time and fares as set out in Item Part B Table 3.
If the employee receives approval from their employer to use their own means of transport to and from outside jobs, they are entitled to payment of excess fares based on public transport rates, unless they have an arrangement with their employer for a regular allowance.
8.4 If an employee is sent during working hours to undertake work at one or more different sites to their usual workplace, the employer shall, in addition to the amount they are liable to pay under subclauses 8.1 and/or 8.2 of this clause, pay all travelling time and fares incurred.
8.5 Electricians and/or electrical apprentices shall be paid in accordance with the fares and travelling allowances prescribed from time to time, by the Electricians, &c. (State) Award published 28 August 1974, reprinted 3 February 1982 and further reprinted 7 August 1992 (270 I.G. 950), as varied.
8.6 Except as provided by subclause 8.4 of this clause, this clause shall not apply to employees of the Roads and Traffic Authority of NSW or the Department of Land and Water Conservation. Employees of these organisations shall be paid the public sector rates of the General Construction and Maintenance, Civil and Mechanical Engineering &c. (State) Award in respect of fares and travelling time, as provided by the (Crown Employees Wages Staff (Rates of Pay) Award.
9. OVERTIME
9.1 Overtime shall be payable for all time worked outside the ordinary hours prescribed in Clause 2 for any one day, including accrued time. The rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.
Except as provided in this subclause or subclause 9.2 of this clause, in computing overtime each day's work shall stand alone.
9.2 Rest Period after Overtime: Following completion of overtime, an employee shall either;
(a) Be released from resuming ordinary duty for a period of 10 consecutive hours. This number of hours does not include time spent travelling: or,
(b) If required to resume or continue working without having had a break of ten consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given. This break shall be granted without loss of pay for ordinary working time occurring during such absence.
In the case of shift workers, the provisions of this subclause shall apply as if eight hours were substituted for ten hours when overtime is worked:
9.2.1 for the purpose of changing shift rosters; or
9.2.2 where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
9.2.3 where a shift is worked by arrangement between the employees themselves.
9.3 Call Back —
9.3.1 An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time recalled. In the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period. This subclause does not apply:
(a) in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours or
(b) where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
9.3.2 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 9.2 of this clause, where the actual time worked is less than three hours on such recall or on each of such recalls.
9.3.3 If an employee is required to work in excess of four hours, he/she shall be paid a meal allowance specified in Item 53 of Part B, Table 3 for each subsequent meal. The employee will be allowed a crib time of 20 minutes without deduction of pay at the end of each four hours' work, provided work is to continue after the said period of four hours.
9.4 Saturday Work — Five Day Week — A day worker on a five-day week who is required to work on a Saturday shall be paid for not less than four hours' work, except where such overtime is continuous with overtime commenced the previous day. All work performed in the afternoon shall be paid for at double time rates. Tea Breaks shall be allowed in accordance with subclause 2.2 of clause 2, Hours — Day Workers.
9.5 Standing By — An employee required to hold himself in readiness to work after ordinary hours shall, until released, be paid standing-by time at ordinary rates from the time he/she is advised of the requirement to stand by. This is subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back.
9.6 Meal Hours — General — Except as provided in subclause 9.7 of this clause, double time rates shall be paid for work done during meal hours and thereafter until a meal break is allowed. An employee shall not be compelled to work for more than six hours without a break for a meal.
9.7 Meal Hours — Maintenance Employees, Concrete Pours etc.
9.7.1 Where breakdowns of plant occur or routine maintenance of plant can only be done while such plant is idle, an employee employed as a regular maintenance person shall, whenever instructed to do so, work during meal breaks at the ordinary rates prescribed herein. This shall be subject to the provisions of subclause 9.6 of this clause.
9.7.2 Where, for special reasons, it is necessary to alter the time of the recognised meal hours for the purpose of finishing the pouring of concrete, hot mix, etc. or where work is affected by tides, the employer may alter the lunch break either forward or backward by one hour.
9.8 Tea Money — An employee required to work overtime for one and a half hours or more without being notified on the previous day or earlier of such requirement shall be supplied with a meal by the employer or paid the allowance rate specified in Item 54 of Part B, Table 3. After the completion of each four hours on continuous overtime the employee shall be paid the allowance rate specified in Item 53 of Part B, Table 3 for each subsequent meal in addition to his/her overtime payment. Such payment need not be made to employees living in the same locality as their place of work who can reasonably return home for meals.
9.9 Transport of Employees — An employer shall provide transport for an employee where he/she finishes overtime work or a shift not part of their regular roster at a time when reasonable means of transport are not available. If transport is not provided the employee shall be paid at their current rate for the time reasonably occupied in reaching his/her home. This subclause shall not apply to an employee who uses his/her own vehicle to travel to and from his/her place of work).
9.10 Compulsory Overtime — An employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime in accordance with this requirement.
9.11 Cribs —
9.11.1 An employee who is required to work overtime for two hours or more after the normal ceasing time shall be allowed, at the expiration of the said two hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break. For the purposes of this paragraph "normal ceasing time" is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in Clause 2, Hours, Day Workers and Clause 10, Shift Work.
9.11.2 Where overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 pm without loss of pay.
9.12 Limitation of Overtime — No employee, including a night shift worker, shall work for more than 16 hours overtime in any week excepting in the case of extreme urgency such as urgent repairs or delay causing unemployment.
9.13 Availability Allowance — Roads and Traffic Authority (RTA) —
9.13.1 Notwithstanding the provisions of subclause (v) of this clause, an electrical in connection with emergency repairs to toll collection equipment shall be paid a daily availability allowance of three hours at ordinary rates of pay for each week night (Monday to Friday) (excluding public holidays) the employee is available between normal ceasing time and commencing time on each day.
9.13.2 An employee rostered to be available in connection with emergency repairs to toll collection equipment on a Saturday, Sunday and Public Holidays from 6.00 a.m. Saturday to 6.00 a.m. Sunday and 6.00 a.m. Sunday to 6.00 a.m. Monday and the same hours on a Public Holiday shall be paid 7.6 hours pay at ordinary rates for each 24 hours he is actually available.
9.13.3 The allowance set out in subclauses 9.13.1 and 9.13.2 of this subclause, shall be in compensation for the employee being available for the periods between normal ceasing time and normal commencing time during week days and for being available for 24 hours on each Saturday, Sunday or Public Holidays, to answer emergency calls from the toll collection centres.
9.13.4 Any overtime worked on a call-out during the time covered by the rostered period shall be paid for in accordance with subclause 11.3 of this clause.
10. SHIFT WORK
Part A, Other than Construction Work
(i) Definitions —
10.1 For the purpose of this clause—
10.1.1 "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
10.1.2 "Continuous Work" means work carried on with consecutive shifts of employees throughout the twenty-four hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
10.1.3 "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 am.
10.1.4 "Rostered Shift", means a shift of which the employee concerned has had at least 48 hours' notice.
(ii) Hours — General
10.2 Employees on shift work shall accrue 0.4 of an hour for each eight-hour shift worked to allow one complete shift to be taken off as a paid shift for every 20 shift cycle. This 20th shift shall be paid for at the appropriate shift rate as prescribed by this clause.
10.3 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 11, Holidays and Sunday Work, shall be regarded as shifts worked for accrual purposes.
10.4 Except as provided above, employees not working a complete four week cycle shall be paid accrued pro-rata accrued entitlements for each shift worked on the programmed shift off, or in the case of termination of employment on termination.
10.5 The employer and employees shall agree in writing upon arrangements for rostered paid days off during the 20-day cycle or for accumulation of accrued days to be taken at or before the end of the particular contract. This accumulation shall be limited to no more than five days before they are taken as paid days off. When taken, the days shall be regarded as days worked for accrual purposes in the particular 20-shift cycle.
10.6 Where an employer, for emergency reasons requires an employee to work on his/her rostered day off, the terms and conditions prescribed in clause 2 Hours - Day Workers, of this award shall apply.
Hours — (a) Continuous Work Shifts And
(b) Other Than Continuous Work Shifts
(iii) (a) Hours — Continuous Work Shifts
10.7 This subclause shall apply to shift workers on continuous work as hereinbefore defined.
10.7.1 The ordinary hours of such shift workers shall not exceed:
(i) eight in any one day; nor
(ii) forty-eight in any one week; nor
(iii) eighty-eight in fourteen consecutive days; nor
(iv) one hundred and fifty two in twenty-eight consecutive days.
10.7.2 Subject to the following conditions such shift workers shall work at such times as the employer may require:
(i) a shift shall consist of not more than eight hours, inclusive of crib time;
(b) Hours — Other than Continuous Work
10.8 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined. The ordinary hours of such shift workers shall not exceed:
(i) 40 in any week to be worked in five shifts of eight hours on Monday to Friday, inclusive; or
(ii) 80 in 14 consecutive days in which case an employee shall not, without payment for overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week;
(iii) 121 consecutive days in which case an employee shall not, without payment of overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week.
Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than six hours without a break for a meal.
10.9 Rosters — Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
10.10 Variation by Agreement — The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment.
Determined commencing and finishing times of shifts may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment. In the absence of agreement, variation can occur by the employer giving seven days' notice of alteration to the employee.
10.11 Afternoon or Night Shift Allowances — Shift workers whilst on afternoon or night shifts shall be paid 15 per centum more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid at the rate of time and a half for the first three hours and double time thereafter.
An employee who —
i) during a period of engagement on shifts, works night shift only; or
ii) remains on night shift for a longer period that four consecutive weeks; or
iii) works on night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his/her working time off night shift in each shift cycle,
shall during such engagement, period or cycle be paid 30 per centum more than his/her ordinary rate for all time worked ordinary working hours on such night shifts.
10.12 Saturdays — The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in the first and second paragraphs of subclause 10.11 of this clause.
10.13 Overtime — An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work in accordance with such requirement.
10.14 Sundays and Holidays —
(i) Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday shall be paid at the rate of time and three quarters. Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a public holiday shall be paid at the rate of double time and one half.
(ii) Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 11, Holidays and Sunday Work, of this award. Where shifts commence between 11.00 p.m. and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate. The time worked by an employee on a shift commencing before midnight on a Saturday or preceding a holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.
Where the major portion of shifts fall partly on a holiday, that shift shall be regarded as the holiday shift.
10.15 Seven Day Shift Workers — A seven day or continuous shift worker is a shift worker who is rostered to work regularly on Sundays and holidays. When his/her rostered day off falls on a public holiday prescribed by this clause, he/she shall, at the discretion of the employer, be paid for that day at the ordinary rate or have an additional day added to his/her annual leave. This subclause shall not apply when the holiday on which he is rostered off falls on a Saturday or Sunday.
Part B — Construction Work
10.16 Notwithstanding the foregoing provisions of this clause, the shift work provisions of the General Construction and Maintenance Civil and Mechanical Engineering &c. (State) Award may apply in lieu for employees carrying out shift work in the following circumstances:
(i) whenever it maybe found necessary in the erection, alteration, renovation or demolition of buildings or on work in connection with the construction and/or
(ii) maintenance of water supply and sewerage works, roads, bridges, water conservation and irrigation works or harbour and reclamation and irrigation works to work wholly by night or in a two or three shift system.
10.17 An employee employed for less than five continuous shifts in any working week shall be paid in accordance with clause 9, Overtime. Where an employee is employed on night shift for more than one week continuously and the job finishes mid-week, the employer may terminate the engagement. In this instance the employee will be paid the current shift rate for time actually worked. In cases where due to the action of the employee, less than a full week is worked, the employee is paid for the actual time worked at ordinary night shift rates.
11. HOLIDAYS AND SUNDAY WORK
11.1 Employees shall be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day, Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to operate throughout the State.
11.2 Except as provided in subclause (10.14), Sundays and Holidays of Part A — Other than Construction Work, of clause 10, Shift Work, an employee not engaged on continuous work shall be paid at the rate of double time for work done on Sundays, such double time to continue until relieved from duty, and double time and one half for work done on public holidays, such double time and one half to continue until relieved from duty.
11.3 An employee not engaged on continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work, shall on being relieved from duty be entitled to be absent until they have had ten consecutive hours off duty. The 10-hour break shall be without deduction of pay for ordinary time of duty occurring during such absence.
11.4 An employee, other than on shift, who attends for work as required on a Sunday or public holiday shall be paid for not less than four hours' work.
11.5 Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.
Where public holidays fall on successive days an employee who works on either the day preceding or succeeding the holiday, but not on both, shall be entitled to payment for the holiday closest to the said day. No payment shall be made if the employee has ceased work without permission on either of the said days.
11.6 Where an employee, other than a shift worker, is required to work after 12 noon on a Sunday or holiday, he shall be allowed a meal break of 30 minutes between 12 noon and 1.00 p.m. for a crib without loss of pay.
11.7 The provisions of clause 2, Hours — Day Workers, shall apply to employees working on Sundays and Holidays.
11.8 Where an additional or substitute public holiday is proclaimed by Order in Council, or otherwise gazetted by authority of the Australian or a State Government under any Act throughout any State or part thereof, such day shall, within the defined locality, be deemed to be a holiday for the purposes of this Award. An employee shall not be entitled to the benefit of more than one holiday upon such occasion.
12. PAYMENT OF WAGES
12.1 Wages shall be paid fortnightly. For the purpose of any increase to the wages, the wages shall be made up on a weekly basis.
12.2 Wages shall be paid into a bank or other account, except in isolated areas where payment will be made by cheque.
12.3 The employer shall not keep more than 3 days pay in hand.
12.4 Upon termination of employment wages shall be paid according to the usual method no later than the next working day. Where an employee is summarily dismissed as provided for in clause 13, Contract of Employment, the employer shall provide all monetary entitlements within 48 hours according to the usual method of payment.
13. CONTRACT OF EMPLOYMENT
13.1 Weekly Employment — Except as hereinafter provided, employment shall be by the week.
13.2 Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages as the case may be. This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct. In such cases the wages shall be paid up to the time of dismissal only.
13.3 Payment shall be deducted for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work that the employer cannot reasonably be held responsible for. This is not including time lost for wet weather. Where an employee has given or been given notice in line with subclause 13.2, employment is continued until the date of the expiration of such notice, except by agreement between the parties.
An employee who has given or been given notice in line with this subclause must provide a reasonable explanation for any absences during the period of notice. Proof of the reason for such absence must be able to provided by the employee. If no proof is provided, the employee shall be deemed to have abandoned his/her employment, and shall not be entitled to payment for work done within the period of notice.
13.4 An employee (other than an employee who has given or received notice in accordance with subclause 13.2 of this clause) not attending for duty shall, except as provided by clause 11, Holidays and Sunday Work, of this award, receive no payment for the actual time of such non-attendance.
13.5 During the first week of employment, an employee's services may be terminated by the giving of one hour's notice on either side.
13.6 Late Comers: Notwithstanding anything elsewhere contained in this award, employees who report for duty after their appointed starting time or stop work before their appointed finishing time may have their wages adjusted by a fraction or decimal proportion of an hour (not exceeding a quarter of an hour). This subclause does not apply where an employee has a legitimate reason for coming late or leaving early and promptly advises the employer of such.
An employer who adopts a proportion for the aforesaid purposes shall apply the same proportion for the calculation of overtime.
14. DISTANT WORK
14.1 Distant work is defined as work that requires employees to live away from their usual place of residence. An applicant for a position involving distant work shall provide the employer with a statement in writing of their usual place of residence. If the employee, whilst employed on distant work changes their usual place of residence one or more times, determination of whether the work can still be defined as distant work is based on the location of the new place of residence. The employee must inform the employer in writing of any change to their usual place of residence.
This clause will not apply to an employee who, after four weeks employment is appointed to work as a regular employee at a permanent workshop, while they are employed at such a workshop.
14.2 An employee who is engaged on distant work shall be transported, with tools, to and from the work location once per day at the employer’s expense. If the employee is called back to the work site after finishing their daily duties, they again shall be transported to and from at the employer’s expense for each occurrence.
14.3 Return fares and travelling time need not be paid to an employee who:
(a) leaves their employment of their own free will; or
(b) is discharged for misconduct
before completion of three months employment or before the job is completed, whichever occurs first; or is discharged for incompetence within one week of engagement.
14.4 Time occupied in travelling to and from distant work shall be paid for at ordinary rates. No employee shall be paid more than an ordinary day’s wages for any day spent in travelling unless they are on the same day occupied in working for an employer. An allowance to cover any expenses incurred in reaching home and for transporting tools is set out in Item 55 of Part B, Table 3.
14.5 —
14.5.1 On distant work reasonable board and lodging shall be provided by the employer or a weekly (7 day) allowance as set out in Item 56 of Part B, Table 3. This allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job, the allowance per day shall be as set out in Item 56 of Part B, Table 3.
14.5.2 The foregoing allowances may be increased if an employee can satisfy an employer that they reasonably incurred greater expenses than those covered by such allowances. In the event of disagreement, the Dispute Resolution procedures contained in clause 28 of the reviewed award should be utilised. This does not preclude the matter being referred to the Industrial Relations Commission of New South Wales.
14.5.3 Reasonable board and lodging shall mean lodging in a well-kept establishment with adequate furnishing, good bedding and floor coverings, good lighting and heating with hot and cold running water, in either a single room or twin room if a single room is not available.
14.6 Where an employee is required to camp either by direction of the employer or because no reasonable transport facilities are available for the employee to proceed to and from their home each day, paragraphs (a) and (b) of this clause shall not apply to the following:
Paragraphs (a) and (b) of this subclause shall not apply to employees of the Roads and Traffic Authority; Department of Land and Water Conservation; Department of Public Works and Services or NSW State Forests in respect of the following work.
Construction and/or maintenance of water supply and sewerage works; roads, bridges, water conservation and irrigation works, harbour and reclamation works or forest works.
For such employees, the employer shall provide a camp with accommodation in single cubicles, not less than 14 cubic metres in size. Each cubicle shall be fitted with a bed with mattress. Each cubicle shall have a timber floor covering, be fitted with a door and a moveable window of reasonable size, with wire screen covering. The cubicle shall be furnished with a table or suitable substitute, a seat and a wardrobe. Each cubicle shall be ceiled and lined and artificial lighting provided. If reasonably required, the employer shall provide a suitable heating appliance for each cubicle.
Provision shall be made in the camp for suitable washing facilities; including hot and cold showers, provided that an adequate water supply is available. Employees shall also be provided with sufficient facilities to wash their clothes. Sanitary conveniences shall be adequate, sewered where reasonably practicable and situated within reasonable distance from the living quarters. The conveniences shall have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers should be dispersed in such a way as to avoid any health risk. A verandah shall be constructed in front of each room, except where corridor-type barracks are provided.
The employer shall provide an enclosed galley conforming to the requirements of the General Construction and Maintenance, Civil and Mechanical Engineering &c. (State) Award, as varied from time to time, or by any award replacing the said award.
Where the circumstances so require, the employer may, as an alternative provide caravans for employees. The caravans should contain as far as practicable, amenities at least equal to those specified above.
An employee who is required to camp has an entitlement to a daily allowance as specified in Item 57 of Table 3 for each day they remain in camp. The allowance is not paid for any working day the employee is absent from duty, except in such cases of sickness or for any reason beyond the employee’s control.
Leave is reserved to the employers to apply in respect of the standards of accommodation under this subclause.
14.7 Employees who wish to return home for the weekends will be paid an allowance at the rate shown in Item 58 of Part B Table 3 on each occasion they return home provided they:
(i) work as required during the ordinary working hours, and
(ii) work on the working day both before and after a weekend, and
(iii) notify the employer no later than the Tuesday of each week, and
(iv) return home for the weekend.
Employees in receipt of this allowance will not be entitled to payment of the camping allowance prescribed in subclause 14.3 of this clause, for the day or days on which they are absent.
14.7.1 This subclause shall not apply to an employee who is receiving the allowance rate specified in Item 56 of Part B, Table 3 in lieu of board and lodging being provided by the employer.
14.7.2 An employee shall be deemed to have returned home at the weekend only if this involves him in being absent from his accommodation for not less than half the hours between ceasing work in the one week and commencing work in the next week.
14.8 The provisions of this clause shall apply wherever the employee is engaged.
14.9 Where an employee is engaged upon distant jobs and is required to reside elsewhere than on the site of the job he shall be paid the fares and travelling time allowance prescribed by clause 8, Excess Fares and Travelling Time, of this award.
14.10 An employee on distant work may return to his/her home at a weekend after three months' continuous service and thereafter at three monthly intervals. The employee shall be paid any fares reasonably incurred in so travelling to his/her home and to the place of work. If the work upon which the employee is engaged will be completed within 28 days after the expiration of any such period of three months, then the provisions of this subclause shall not apply.
14.11 If any employer and employee engaged on distant work agree in writing and subject to the procedure outlined in subclause 2.1 of clause 2, Hours — Day Workers, the employee may take a paid rostered day off as prescribed in that subclause, at a mutually agreed time. The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.
15. CHOKAGES
15.1 If an employee is employed upon any chokage and is required to;
(i) open up any soil pipe, waste pipe, drain pipe or pump conveying offensive material
(ii) or a scupper containing sewerage
(iii) or required to work in a septic tank in operation
the employee shall be paid the allowance rate specified in Item 59 of Part B, Table 3 per day or part of a day thereof.
15.2 Fouled Equipment — An employee who is required to work on any pipe line or equipment containing body fluids or body waste and encounters same, shall be paid the allowance rate specified in Item 60 of Part B, Table 3. This allowance shall not apply in circumstances where subclause 15.1 of this clause would normally be paid.
16. SPECIAL CONDITIONS
16.1 Employees engaged in installing brine or ammonia pipes or repairs to same who have their clothing or boots destroyed or damaged shall be reimbursed the amount of damage sustained.
16.2 All rope and gear shall be of sound material, used or stored in such a way that it does not come in contact with sharp edges, acids or acid fumes. At all times the Construction Regulations 1950 of the Construction Safety Act 1912, shall be complied with.
16.3 Employees working in battery rooms or like places where acids or caustic soda are stored or used shall be provided with gloves, overalls and rubber boots. These are to be periodically disinfected in accordance with the requirements of the NSW Department of Health for disinfecting clothing while in use and before being issued to another person.
16.4 The employer shall provide a suitable gas mask at the place of work when the employee is required to work on a live gas service.
16.5 X-Ray — an employee working in an infectious area of a hospital or home shall be X-rayed at the employer’s expense and in the employer’s time after each six months or at the termination of his/her employment, whichever is the sooner.
17. HYGIENE AND SAFETY FIRST-AID KIT
17.1 The employer shall provide at the place of work and continuously maintain an efficient first-aid kit and appliances in line with the provisions of section 6 and Schedule 1 of the Occupational Health and Safety (First-Aid) Regulation 1989 of the Occupational Health and Safety Act 1983.
17.3 In the event of any serious accident happening to any employee whilst at work or going to or from the camp, the employer shall, at their expense, provide transport facilities to the nearest hospital or doctor.
17.4 At a place of work where 50 or more persons are employed the employer shall provide a stretcher and, where practicable, include amongst the employees a qualified first-aid person. Where an employee is a qualified first-aid person and is employed to carry out the duties of a qualified first-aid person, he or she shall be paid an additional daily rate as set out in Item 61 of Table 3.
18. CONVENIENCES
18.1 The employer shall provide on each place of work sanitary conveniences in accordance with the requirements of the local health authority providing that such conveniences will at least measure up to the following minimum standard:
They shall be at least 1.066 metre wide and 1.371 metre long and 2.34 metres high internal measurement and shall have a hinge door capable of being fastened both inside and on the outside.
The walls and roof and door shall be of weatherproof material and shall be so constructed as to ensure privacy.
Each convenience shall be provided with a suitable receptacle for, and an adequate supply of, deodorizing or fly-repellant material, blue oil or kerosene or phenol. It shall also be provided with a means for disposing of sanitary items.
A fly-proof cover and seat shall be provided should sewerage not be accessible or connected to the toilet or convenience: the ratio of such accommodation shall be one convenience to eight employees or part of eight employees.
18.2 The employer shall provide at the place of work a suitable and secure weatherproof lock-up solely for the purpose of storing employees' tools. Where tools are stolen because no lock-up has been provided, the employee shall be compensated to the extent of his/her loss.
18.3 Where a total of 15 tradespeople are working on site, whether employed under this award or otherwise, and the job has been or will be of two months' duration or longer, the employer shall provide for employees at the work site weatherproof accommodation for changing clothes. This accommodation shall be not less than .84 square metres to each employee.
18.4 At permanent places of work, the employer shall provide weather and dust proof accommodation for dressing, and lockers securely fixed with suitable locks, solely for the use of his/her employees.
18.5 At meal times and rest periods, boiling water shall be provided by the employer at a location that is reasonably accessible for employees.
18.6 The employer shall provide for employees an adequate supply of cool and wholesome drinking water.
19. PIECEWORK
19.1 Piecework is prohibited.
19.2 No employee shall execute any work for profit or reward except at the rates and under the conditions prescribed by this award.
20. DAMAGE TO CLOTHING OR TOOLS
An employee whose clothing or tools are spoiled by acids or sulphur or other deleterious substance, due to the circumstances of his/her employment shall be recompensed by his/her employer to the extent of his/her loss.
21. SHARPENING TOOLS
21.1 The employer shall provide at the place of work a suitable sand grindstone or a carborundum stone for the use of carpenters and/or bridge and wharf carpenters.
21.2 Where such a grindstone or carborundum stone is not driven by mechanical power, the employer shall provide assistance in turning the grindstone or carborundum stone.
21.3 Saw sharpening and tool grinding may be done by the employee during the progress of work.
21.4 Where the provisions of subclauses 21.1 and 21.2 of this clause are not observed by the employer, the employer shall pay for or provide for grinding of the tools.
21.5 Bridge and Wharf Carpenters and/or Shipwright Boat Builder shall be supplied with saw files.
22. SPECIAL TOOLS AND CLOTHING
22.1 The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:
22.1.1 Bricklayers: Scutch combs, hammers (excepting mash and brick hammers), rubber mallets and T squares.
22.1.2 Carpenters: Dogs and cramps of all descriptions, bars of all descriptions over 61 cm. long, augers, of all sizes, star bits and bits not ordinarily used in a brace, hammers (except claw hammers and tack hammers), glue pots and glue brushes, dowel plates, trammels, hand thumb screws, and soldering irons.
22.1.3 Plasterers shall be provided with overalls when required to brush on to walls and ceilings bondcrete, plasterweld or similar substances.
The approved grass brush to perform the work prescribed in this subclause shall be provided by the employer.
22.1.4 Plumber: Metal pots, mandrills, long dummies, stock and dies for iron, copper and brass pipes, cutters, tongs, vices, taps and drills, ratchets, files, cramps caulking tools, hacksaw and blades, welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary, and all shop tools, the usual kit bag of tools only to be supplied by the employee.
22.1.5 Shipwright-Boatbuilder: Beetles, horse irons, cramps, pitch ladles, mops, drift bolts, spanners, stripping bars and punches, all augers 32 mm and over, dowelling bits, plumbs and levels and boring tools for power machines.
22.1.6 Signwriters to be supplied with all brushes.
22.1.7 All power tools shall be provided where, in the opinion of the employers, they are necessary.
22.2 Where necessary, the employer shall provide overalls, boots, goggles, gloves and masks for the use of employees engaged on the classes of work covered by subclause 4.20, of clause 4, Allowances.
22.3 If, in the course of his/her employment, an employee is required to use any alkaline or acid based products he shall be provided with protective clothing.
22.4 The employer shall supply to employees, rubber gloves when working on any sewerage or drainage work and protective clothing and goggles when engaged on welding work.
22.5 When working in cooling or freezing chambers where the temperature is below 4 degrees Celsius, painters shall be supplied with suitable boots and a clean blanket suit properly disinfected in accordance with the requirements of the NSW Department of Health.
22.6 A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork and/or engaged to work on the construction or alteration or repairs to boilers, flues, furnaces, retorts or kilns, shall be supplied with gloves, boots and overalls as set out hereunder:
22.6.1 Gloves shall be supplied and shall be replaced as required, subject to employees handing in the used gloves.
22.6.2 Boots shall be supplied upon request of the bricklayer after six weeks' employment, the cost of such boots to be assessed at a rate set out in Item 64 of Table 3 of Part B. Employees are to accrue credit at the weekly rate set out in Item 65 of Table 3 of Part B of this award.
A bricklayer leaving or being dismissed before 20 weeks' employment shall pay the difference between the credit accrued and the Item 64 rate.
The right to accrue credit shall commence from the date of request for the boots.
In the event of boots being supplied and the bricklayer not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer.
Upon issue of the boots the bricklayer may be required to sign the authority form in or to effect of the Annexure to this clause. Boots shall be replaced each six months dating from the first issue.
22.6.3 Overalls will be supplied upon request of the bricklayer and on the condition that they are worn while performing the work.
Annexure — Authority Form
..........................………………......, acknowledge receipt of one pair of boots provided in accordance with the provisions of subclause 22.6.2 of clause 22, Special Tools and Clothing.
Should the full cost of the boots ($ ) not be met by accumulation of credit (at the rate of $ per week) from …………................……................. I authorize deduction from any moneys due to me by my employer ...........……..................... of an amount necessary to meet the difference between the credit accrued and $.
Signed .................................
Date ….................................
23. INSURANCE OF TOOLS
23.1 The employer shall insure and keep insured against loss or damage by fire while on the employer's premises, tools that are used by an employee in the course of his/her employment.
23.2 An employee is entitled to be reimbursed by his/her employer for loss of tools up to a value that is set out in Item 63 of Table 2 in the following circumstances. Reimbursement is applicable when the tools are stored at the employer’s direction on the job and are lost by theft from a breaking and entering outside ordinary working hours.
23.3 The employee shall, if requested so to do, furnish the employer with a list of his/her tools so used.
24. EXHIBITION OF AWARD
An up to date copy of this award shall be posted and kept posted by the employer in a prominent place on the employer’s premises that is accessible to all employees.
25. 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 and age.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award that, 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.
NOTE: Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
“Nothing in the Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”
26. CARER’S LEAVE
26.1 The definition of “family” and “relative” for the purpose of this clause is the person who needs the officer’s care and support and is referred to as the “person concerned” and is:
(a) a spouse of the officer; or
(b) a de facto spouse, who in relation to a person, is a person of the opposite sex to the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial) parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the officer or spouse or de facto spouse of the officer; or
(d) a same sex partner who lives with the officer as the de facto partner of that officer on a bona fide domestic basis; or
(e) a relative of the officer who is a member of the same household, where for the purposes of this paragraph:
(i) “relative” means a person related by blood, marriage or affinity;
(ii) “affinity” means a relationship that one spouse because of marriage has to blood relatives of the other; and
(iii) “household” means a family group living in the same domestic dwelling.
26.2 Use of sick leave to care for a sick dependant — entitlement
(a) The entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee being responsible for the care and support of the person concerned, and
(ii) the person concerned being as defined as above.
(b) An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year’s annual sick leave entitlement minus any sick leave taken from that year’s entitlement to provide care and support for such persons when they are ill.
(c) Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave, sick leave accrued from the previous three years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.
(d) In special circumstances, the Chief Executive Officer may make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in subclause 26.2 (c).
(e) If required, a medical certificate or statutory declaration must be made by the employee to establish the illness of the person concerned and that the illness is such to require care by another person.
(f) The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration and has the right to choose which of the two methods to use in the establishment of grounds for leave.
(g) Wherever practicable, the employee shall give the Chief Executive Officer prior notice of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee. They must also give reasons for taking such leave and the estimated length of absence. If the employee is unable to notify the Chief Executive Officer beforehand, notification should be given by telephone at the first opportunity on the day of absence.
(h) In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.
26.3 Time Off in Lieu of Payment for Overtime
26.3.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
26.3.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
26.3.3 If, having elected to take time as leave in accordance with paragraph (26.3.1) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
26.3.4 Where no election is made in accordance with the said paragraph (26.3.1), the employee shall be paid overtime rates in accordance with the award.
26.4 Make-up Time —
26.4.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
27. UNION DELEGATES
An employee appointed union delegate in the shop or department in which he/she is employed shall, upon notification, be recognised by the employer as an accredited representative of the Union. The union delegate shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting the employees who are represented by the delegate.
28. DISPUTE RESOLUTION
The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following:
28.1 Procedure relating to a grievance of an individual employee:
28.1.1 The employee shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
28.1.2 The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
28.1.3 Reasonable time limits must be allowed for discussion at each level of authority.
28.1.4 At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
28.1.5 While a procedure is being followed, normal work must continue. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this subclause.
28.1.6 The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purpose of each procedure.
28.2 Procedure for a dispute between an employer and the employees:
28.2.1 A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
28.2.2 Reasonable time limits must be allowed for discussion at each level of authority.
28.3 While a procedure is being followed, normal work must continue. No party shall be prejudiced as to the final settlement by continuation of work in accordance with this subclause.
28.4 The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.
29. TRANSPORT OF EMPLOYEE'S TOOLS
When an employee on construction or maintenance work is required to transfer from one job to another, an employer shall provide transport for the employee's tools to the nearest public means of transport. On termination of employment, the employer shall provide transport for the employee's tools to the nearest public means of transport except where the employee gives notice or is dismissed for misconduct.
30. PICNIC DAY
30.1 The first Monday in December of each year shall be the Union Picnic Day.
30.2 All employees shall, as far as practicable, be given and shall take this day as a picnic day at their ordinary rate of pay including accrual for a rostered day off. Any employee required to work on such day shall be paid at the rate of double time and one-half, for all time worked on such day, with a minimum payment for four hours work. An employee who is required to work on picnic day and who fails to comply with such requirement shall not be entitled to payment for the day.
30.3 An employer may require from an employee evidence of attendance at the picnic. The production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where the employer requests production of the ticket butt, payment need not be made unless the evidence is produced.
30.4 Where an employer holds a regular picnic for his/her employees on some other working day during the year, then such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.
30.5 This clause shall apply to employees working within the Counties of Cumberland, Northumberland and Camden and in such other areas where a picnic is actually held and in respect of which one month's notice is given in writing by the Union to the employer.
30.6 In Departments to which the Public Sector Management Act 1988 applies, employees may take a day designated by their Department Head as a public service holiday during the period between Boxing Day and New Year’s Day in lieu of the Picnic Day prescribed in this clause.
31. GENERAL LEAVE CONDITIONS AND ACCIDENT PAY
31.1 General leave conditions and accident pay of employees engaged by Government bodies under the provisions of the Public Sector Management Act 1988 shall be bound by the Public Sector Management (General) Regulation 1996. For employees employed under the provisions of the Technical and Further Education Commission Act 1990, general leave conditions and accident pay will be regulated by Department of Education and Training/TAFE policies on these issues.
31.2 General leave conditions and accident pay of employees engaged under Ministerial authority in Government and quasi-government bodies shall be regulated by the Government Uniform Leave Conditions.
32. AREA, INCIDENCE AND DURATION
32.1 This award shall apply to all employees of the classes specified in clause 3, Rates of Pay, in the employment of the New South Wales Ambulance Service, Roads and Traffic Authority of NSW, the Zoological Parks Board and Government organisations to which the Public Sector Management Act 1988 applies, other than those referred to hereunder. It shall not apply to employees covered by the Sydney Harbour Bridge Employees Award, nor to those employed by the Roads and Traffic Authority and Department of Public Works and Services in Broken Hill.
32.2 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Skilled Tradesmen) Award published 6 January 1982 (224 I.G. 17) and all variations thereof. It also rescinds the Crown Employees (Skilled Tradesmen — 1994 Expense Related Allowances) Award published 5 July 1996 (293 I.G. 859) as varied.
32.3 The changes made to the award in relation to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) are set out in the attached Schedule B and take effect on 22 November 2000.
32.4 This award remains in force until varied or rescinded, the period for which it was made having already expired.
PART B — RATES AND ALLOWANCES
TABLE 1 - RATES OF PAY
(As provided by the Crown Employees Wages Staff (Rates of Pay) Award 1998 in respect of the Crown Employees (Skilled Tradesmen) Award.
| |Amount per week |
|Classification |as at 9.7.99 |
| |$ |
|Bespoke Bootmaker |514.90 |
|Blacksmith |563.20 |
|Body Maker, First Class |557.50 |
|Boilermaker and/or Structural Steel Tradesman |557.50 |
|Boot or Shoe Repairer |505.30 |
|Bricklayer |557.50 |
|Bridge and Wharf Carpenter |557.50 |
|Cabinet Maker |578.60 |
|Carpenter and/or Joiner |557.50 |
|Coach and/or Spray Painter |557.50 |
|Drainer |563.20 |
|Electrical Fitter |594.70 |
|Electrical Instrument Fitter |622.70 |
|Electrical Mechanic |594.70 |
|Electrician in Charge of Plant having a capacity of 75 Kilowatts or more |634.00 |
|Electrician in Charge of Plant having a capacity of less than 75 Kilowatts |605.50 |
|Electronics Tradesperson |683.00 |
|Farrier |563.20 |
|Fitter |557.50 |
|Forger and/or Faggoter |557.50 |
|French Polisher |578.60 |
|Machinist, A Grade (Woodworking) |557.50 |
|Machinist, First Class (Metal Trades) |567.80 |
|Marker-off |563.20 |
|Mechanical Tradesperson — Special Class (as defined ) |588.70 |
|Motor Mechanic |557.50 |
|Painter |557.50 |
|Panel Beater |557.50 |
|Patternmaker |574.40 |
|Plant Electrician |627.50 |
|Plant Mechanic |557.50 |
|Plasterer |557.50 |
|Plumber and/or Gasfitter |563.20 |
|Radio Mechanic or Fitter |594.70 |
|Refrigeration and/or Air Conditioning |594.70 |
|Saw Doctor |594.70 |
|Sawyer, No. 1 Benchman |567.80 |
|Scalemaker and/or Adjuster |557.50 |
|Scientific Instrument Maker |574.40 |
|Sewing Machine Mechanic |557.50 |
|Sheetmetal Worker, First Class |557.50 |
|Shipwright and/or Boatbuilder |557.50 |
|Signwriter |574.40 |
|Slater and Tiler |557.50 |
|Stonemason |557.50 |
|Stonemason-Carver |594.70 |
|Tilelayer |557.50 |
|Toolmaker |574.40 |
|Toolsmith |563.20 |
|Trimmer (Motor) |557.50 |
|Turner |557.50 |
|Watchmaker |547.50 |
|Welder, Special Class |563.20 |
|Welder, First Class |557.50 |
WAGES FOR APPRENTICES
Apprentices shall receive as minimum weekly rates of pay, the following:
(i)
|Four Year Term |As At 9.7.99 (per week) |
| |$ |
|1st year |241.10 |
|2nd year |317.20 |
|3rd year |406.30 |
|4th year |468.70 |
(ii) An apprentice is entitled to an additional $1.00 per week for each successfully completed year of TAFE training. This includes a pass in the examinations and being given a satisfactory report as to conduct, punctuality and workshop progress by the relevant supervisor. The allowance will be payable from the beginning of the first pay period commencing in January following the examinations.
An apprentice who, in any year fails to complete a subject or subjects but subsequently completes them in concurrence with the succeeding year’s examinations qualifies for payment of the allowance specified in this subclause for the succeeding year as if he/she had not initially failed to complete the subject or subjects.
All wages shall be paid on a weekly basis: It shall be an implied term of any contract of apprenticeship that the employing Authority may deduct from the weekly wage of an apprentice an amount proportionate to the time lost by an apprentice for any reason not considered satisfactory to the employing Authority.
(iv) Apprentice patternmakers shall be paid the sum of $1 per week in addition to the rates of wages prescribed in table 1.
PART B
TABLE 2 — TOOL ALLOWANCES
An employee under this award of a classification as listed underneath shall receive the prescribed tool allowance. The tool allowance is applicable to both skilled tradespeople and apprentices and is to form part of the ordinary pay for all purposes.
|Item No. |Clause No. | |Amount Per Week |
| | |Brief Description | |
|1 |5 |Tool Allowances | |
| | |Blacksmith |19.10 |
| | |Bodymaker, First Class |19.10 |
| | |Boilermaker and/or Structural Steel Tradesperson |19.10 |
| | |Bricklayer |13.60 |
| | |Bridge and Wharf Carpenter and/or Civil Engineering Construction | |
| | |Carpenter |19.10 |
| | |Cabinet Maker |7.80 |
| | |Carpenter |19.10 |
| | |Drainer |19.10 |
| | |Electrical Fitter |11.00 |
| | |Electrical Fitter/Mechanic |11.00 |
| | |Electrical Instrument Fitter |11.00 |
| | |Electrical Mechanic |11.00 |
| | |Electrician in charge of plant having a capacity of less than 75 |11.00 |
| | |kilowatts | |
| | |Electronics Tradesperson |11.00 |
| | |Electrical Instrument Fitter |11.00 |
| | |Farrier |19.10 |
| | |Fitter |19.10 |
| | |Forger and/or Faggoter |19.10 |
| | |Machinist, First Class (Metal Trades) |19.10 |
| | |Machinist (Metal Trades) Special Class |19.10 |
| | |Marker Off |19.10 |
| | |Motor Mechanic |19.10 |
| | |Painter |4.70 |
| | |Panel Beater |19.10 |
| | |Patternmaker |19.10 |
| | |Plant Electrician |11.00 |
| | |Plant Mechanic |19.10 |
| | |Plasterer |15.70 |
| | |Plumber |19.10 |
| | |Plumber and Gasfitter |19.10 |
| | |Plumber, Gasfitter and Drainer |19.10 |
| | |Radio Mechanic and Fitter |11.00 |
| | |Refrigeration and/or Air Conditioning Mechanic |11.00 |
| | |Sewing Machine Mechanic |19.10 |
| | |Sheetmetal Worker, First Class |19.10 |
| | |Shipwright/Boatbuilder |19.10 |
| | |Signwriter |4.70 |
| | |Slater and Tiler |10.00 |
| | |Stonemason |19.10 |
| | |Stonemason-Carver |19.10 |
| | |Tilelayer |13.60 |
| | |Toolmaker |19.10 |
| | |Toolsmith |19.10 |
| | |Trimmer (Motor) |19.10 |
| | |Turner |19.10 |
| | |Vehicle Builder |19.10 |
| | |Watchmaker |6.30 |
| | |Welder, Special Class |19.10 |
| | |Welder, First Class |19.10 |
TABLE 3 – OTHER ALLOWANCES
|Item No. |Clause No. |Brief Description |Amount Per Week |
|3 |4.2 |Carpenter Diver |2.60 p.w. |
|3 |4.4 |Electrician who is holder of a NSW electrician’s licence: | |
| | |A Grade Licence |27.00 p.w. |
| | |B Grade Licence |14.50 p.w. |
|4 |4.5 |Lead Burner |0.57c p.h. |
|5 |4.6 |Plumber and Drainer when required to act on: | |
| | |- plumbers licence |0.70c p.h. |
| | |- gasfitters licence |0.70c p.h. |
| | |- drainers licence |0.59c p.h. |
| | |- plumbers and gasfitters licence |0.94c p.h. |
| | |- plumbers and drainers licence |0.94c p.h |
| | |- gasfitters and drainers licence |0.94c p.h |
| | |- plumbers, gasfitters and drainers licence |1.30 ph |
|6 |4.7 |Holder of Electric Welding (DIRE Certificate) |0.40c p.h. |
|7 |4.8 |Boot or Shoe Repairer required to repair anatomical, surgical or orthopaedic |14.65 p.w. |
| | |boots or shoes | |
|8 |4.9 |Shipwright-Boatbuilder, for: |0.75c p.h. |
| | |- Liner Off, Loftsman and Model Maker | |
|9 |4.10 |Computing quantities |3.19 p.d. |
|10 |4.11 |Joiner, Public Works and Education Departments: | |
| | |- when working at regular place of employment |25.20 p.w. |
| | |- when working away from regular place of employment |5.00 p.d |
|11 |4.12 |Registration allowance |0.54c p.h. |
|12 |4.13 |Building tradesman - Marking off/Setting out |.70 p.w. |
|13 |4.14 |Cold places: | |
| | |- below 0 degree Celsius |0.44c p.h |
| | |- below minus 7 degrees Celsius |0.51c p.h |
|14 |4.15 |Confined spaces |0.55c p.h. |
|15 |4.16 |Dirty work |0.44c p.h. |
| | |For Bridge and wharf carpenter who: | |
| | |- uses material or liquid that is injurious to clothes or damages his/her tools |0.44c p.h. |
| | |- is engaged in work where dirt or dust or other foreign matter or refuse has | |
| | |accumulated to become damaging to the clothes or tools or objectionable or |0.44c p.h. |
| | |injurious to the person. | |
| | |Shipwright Boatbuilder engaged in work as set out in subclause 4.9 | |
| | | |0.44c p.h. |
|16 |4.17 |Height money: | |
| | |- 7.5 metres from ground, deck, floor or water |0.44c p.h |
| | |- for every additional 3 metres |0.12c p.h |
|17 |4.18 |Hot places: | |
| | |- between 46 degrees Celsius and 54 degrees Celsius |0.44c p.h. |
| | |- exceeds 54 degrees Celsius |0.55c p.h |
|18 |4.19 |Handling insulation material |0.55c p.h. |
|19 |4.20 |Smoke boxes: | |
| | |- repairs to smoke-boxes furnace or flues of boilers |0.29c p.h. |
| | |- repairs to and while inside oil fired boilers |1.09 p.h |
|20 |4.21 |Wet places: | |
| | |- where water other than rain is falling and required to work in wet clothing or | |
| | |boots |0.44c p.h. |
| | |- when required to work in the rain |0.44c p.h |
| | |- called upon to work on a raft, open board, punt or pontoon having a freeboard | |
| | |of 305m.m or less |1.69 p.d |
| | |- called upon to work knee-deep in mud or water |3.43 p.d |
|21 |4.22 |Construction or repairs to acid furnaces, stills, towers and all other acid |2.22 p.h |
| | |resisting brickwork | |
| | |Construction or alteration or repairs to boilers, flues, furnaces, retorts, |2.22 p.h. |
| | |kilns, ovens, ladles and similar refractory work | |
|22 |4.23 |Towers allowances: | |
| | |- construction exceeding 15 metres in height, and |0.44c p.h |
| | |- for each additional 15 metres |0.44c p.h |
|23 |4.24 |Depth exceeding 3 metres |0.44c p.h. |
|24 |4.25 |Swing scaffolds: | |
| | |- for the first four hours or any portion thereof, and |3.20 p.h. |
| | |- for each hour thereafter |0.65c p.h. |
| | |Solid plasterers when working off a swing scaffold |0.12c p.h |
|25 |4.26 |Spray application |0.43c p.h. |
|26 |4.27 |Soil pipes |0.55c p.h. |
|27 |4.28 |Working on secondhand timber |1.72 p.d. |
|28 |4.29 |Roof work: | |
| | |- work in excess of 12 metres from the nearest floor level |0.55c p.h |
| | |- minimum payment |0.55c p.h |
|29 |4.30 |Electric welding |0.14c p.h. |
|30 |4.31 |Explosive powered tools: | |
| | |- employee required to use explosive powered tools |1.04 p.d |
| | |- bridge and wharf carpenter when required to use these tools |1.04 p.d |
|31 |4.32 |Scaffolding rigging |0.44c p.h. |
|32 |4.33 |Corrective establishments |1.11 p.h. |
| | |Mental institutions |0.83c p.h |
| | |Geriatric hospitals: | |
| | |- Allandale, Garrawarra and Strickland Hospitals |0.32c p.h. |
| | |- Lidcombe Hospital |0.29c p.h. |
| | |Work in hot/cold water tanks for the purpose of the control of Legionella | |
| | |Pneumophila |2.03 p.h |
|33 |4.34 |Distant places: | |
| | |- in districts as set out in subclause 4.34.1 |84c p.d. |
| | |- in western division of the state |1.37 p.d |
| | |within the area as set out in subclause 4.34.2 |1.37 p.d. |
|34 |4.35 |Bridge and road construction within the area as set out in subclause 4.34.4 |0.80c p.d. |
|35 |4.36 |Morgues |0.51c p.h. |
|36 |4.37 |Application of epoxy based materials or materials of a like nature |0.55c p.h. |
| | |Application of such material in buildings which are normally air conditioned |0.55c p.h |
| | |Working in close proximity to employees so engaged | |
| | | |0.55c p.h |
|37 |4.38 |Bricklayers laying other than standard bricks where block weighs: | |
| | |- over 5.5 kg and under 9 kg |0.44c p.h. |
| | |- 9 kg or over and up to 18 kg |0.77 c p.h. |
| | |- over 18 kg_ |1.21 p.h |
|38 |4.39 |Bagging bricks or concrete structures |0.40c p.h. |
|39 |4.40 |Cleaning down brickwork using acids or other corrosive substances |0.40 c p.h |
|40 |4.41 |Materials containing asbestos |0.55 c p.h. |
|41 |4.42 |Operation of pneumatic tools of 2.75 kg or over |2.37p.d |
|42 |4.43 |Operation of brick cutting machine |0.55 c p.h. |
|43 |4.44 |Asbestos eradication |1.46 p.h. |
|44 |4.45 |Employee required to work in an Animal House |0.28 c p.h. |
|45 |4.46 |Employee of Roads and Traffic Authority, Illawarra region working in areas where |0.44 c p.h |
| | |coal wash is being unloaded, handled or spread | |
|46 |6.1 |Employee appointed to be in charge of up to and including five employees |27.70 p.w. |
|47 |6.2 |Employee appointed to be in charge of more than five and up to and including ten |35.50 p.w. |
| | |employees | |
|48 |6.3 |Employee appointed to be in charge of more than ten employees |46.40 p.w. |
|49 |8.1 |Excess fares and travelling time to and from lace of work |14.30 p.d. |
|50 |8.1.1 |If employer provides or offers to provide transport free of charge |5.80 p.d. |
|51 |8.2 |Excess fares and travelling to and from work: | |
| | |- first year apprentices (or probationers) |11.60 p.d. |
| | |- to all other apprentices |13.90 p.d. |
|52 |8.2.1 |If employer provides or offers to provide transport free of charge: | |
| | |- to first year apprentices |4.80 p.d. |
| | |- to all other apprentices |5.70 p.d |
|53 |9.3.3 |Meal allowance: | |
| | |- after working in excess of four hours |8.00 |
| | |- for each subsequent meal |6.65 |
|54 |9.8 |Tea Money: | |
| | |- required to work overtime for one and a half hours or more |8.00 |
| | |without being notified on the previous day or earlier, for a meal | |
| | |- after each four hours on continuous overtime, for each meal |6.65 |
|55 |14.4 |Expenses of reaching home and of transporting tools from distant work |14.30 |
|56 |14.5.1 |Allowance for board and lodging: | |
| | |- while on distant work |289.70 p.w. |
| | |- for broken parts of week |41.40 p.d. |
|57 |14.6` |Camping allowance |16.20 p.d |
| | |Camping allowance when food is paid for and cooked by the employee and when the | |
| | |Department of Main Roads provides a mess room | |
| | | |7.60 p.d. |
|58 |14.7 |Returning home for the weekend from distant work |24.10 |
|59 |15.1 |Chokages pipe or pump |5.10 p.d. |
|60 |15.2 |Fouled equipment |5.10 p.d. |
|61 |19.4 |First-aid qualifications |1.90 p.d. |
|62 |24.6.2 |Supply of boots |24.50 |
| | |Accrual of credit |1.20 p.w |
|63 |23.2 |Reimbursement for loss of tools |1,110.00 |
|64 |22.6.2 |Special Tools and Clothing | |
| | |Boots |24.50 |
|65 |22.6.2 |Special Tools and clothing | |
| | |Accrual |1.20 |
SCHEDULE A
Award and Variations Incorporated
| |Award/ | | |Industrial Gazette |
|Award |Variation Serial|Date of |Date of taking Effect |Vol. Page |
| |No. |Publication | | |
|Crown Employees (Skilled Tradesmen) |76351 |6.1.82 |First pay period from 15 |224 |17 |
|Award | | |December 1980 | | |
|Variation to Crown Employees (Skilled|76273 |9.12.81 |First pay period from 18 |223 |1966 |
|Tradesmen) Award | | |February 1981 | | |
|Variation to Crown Employees (Skilled|76358 |9.12.81 |First Pay Period from 20 |223 |1989 |
|Tradesmen) Award | | |March 1981 | | |
|Variation to Crown Employees (Skilled|76662 |24.2.82 |First pay period from 12 May |224 |1226 |
|Tradesmen) Award | | |1981 | | |
|Variation to Crown Employees (Skilled|76978 |24.2.82 |First pay period from 10 July|224 |1253 |
|Tradesmen) Award | | |1981 | | |
|Variation to Crown Employees (Skilled|77665 |21.7.82 |First pay period from 1 |226 |577 |
|Tradesmen) Award | | |November 1981 | | |
|Variation to Crown Employees (Skilled|78760 |1.12.82 |First pay period from 23 |227 |1958 |
|Tradesmen) Award | | |March 1982 | | |
|Variation to Crown Employees (Skilled|78907 |1.12.82 |First pay period from 18 |227 |2024 |
|Tradesmen) Award | | |February 1981 | | |
|Variation to Crown Employees (Skilled|78489 |22.12.82 |First pay period from 24 |227 |2605 |
|Tradesmen) Award | | |December 1981 and 1 February | | |
| | | |1982 | | |
|Variation to Crown Employees (Skilled|78545 |9.2.83 |First pay period from 1 April|228 |753 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|78691 |9.2.83 |First pay period from |228 |810 |
|Tradesmen) Award | | |February 1982 | | |
|Variation to Crown Employees (Skilled|78692 |9.2.83 |First pay period from 15 May |228 |811 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|78721 |9.2.83 |First pay period from 6 April|228 |843 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|78722 |9.2.83 |First pay period from 1 |228 |844 |
|Tradesmen) Award | | |September 1981 | | |
|Variation to Crown Employees (Skilled|78923 |9.2.83 |First pay period from 9 July |228 |902 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|78789 |23.2.83 |First pay period from 1 |228 |1192 |
|Tradesmen) Award | | |September 1981 | | |
|Variation to Crown Employees (Skilled|78942 |9.3.83 |First pay period from 29 July|228 |1478 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|79016 |9.3.83 |First pay period from 2 June |228 |1597 |
|Tradesmen) Award | | |1982 and 1 July 1982 | | |
|Variation to Crown Employees (Skilled|79314 |11.5.83 |First pay period from 9 |229 |896 |
|Tradesmen) Award | | |January 1981 | | |
|Variation to Crown Employees (Skilled|79327 |18.5.83 |First pay period from 1 April|229 |1078 |
|Tradesmen) Award | | |1982 | | |
|Variation to Crown Employees (Skilled|78549 |15.6.83 |First pay period from 7 May |229 |1600 |
|Tradesmen) Award | | |1981 | | |
|Variation to Crown Employees (Skilled|79417 |27.7.83 |First pay period from 7 |230 |755 |
|Tradesmen) Award | | |September 1982 | | |
|Variation to Crown Employees (Skilled|79505 |27.7.83 |First pay period from 27 |230 |838 |
|Tradesmen) Award | | |Febraury 1983 | | |
| |79519 |3.8.83 |First pay period from 24 |230 |1051 |
|Erratum | | |December 1981 and 1 February | | |
| | | |1982 | | |
|Variation to Crown Employees (Skilled|79583 |10.8.83 |First pay period from 8 |230 |1215 |
|Tradesmen) Award | | |October 1982 | | |
|Variation to Crown Employees (Skilled|79686 |24.8.83 |First pay period from 9 |230 |1568 |
|Tradesmen) Award | | |December 1982 | | |
|Variation to Crown Employees (Skilled|79992 |19.10.83 |First pay period from 14 |231 |420 |
|Tradesmen) Award | | |December 1982 | | |
|Variation to Crown Employees (Skilled|80018 |19.10.83 |First pay period from 20 |231 |459 |
|Tradesmen) Award | | |December 1981 | | |
|Variation to Crown Employees (Skilled|80043 |19.10.83 |First pay period from 8 April|231 |481 |
|Tradesmen) Award | | |1984 | | |
|Variation to Crown Employees (Skilled|80085 |16.1.83 |First pay period from 28 |231 |1133 |
|Tradesmen) Award | | |February 1983 | | |
|Variation to Crown Employees (Skilled|80572 |4.4.84 |First pay period from 27 July|233 |49 |
|Tradesmen) Award | | |1983 | | |
|Variation to Crown Employees (Skilled|81343 |27.6.84 |First pay period from 6 |233 |2363 |
|Tradesmen) Award | | |October 1983 | | |
|Variation to Crown Employees (Skilled|82194 |19.12.84 |First pay period from 7 |235 |1718 |
|Tradesmen) Award | | |November 1983 | | |
| |82371 |6.2.85 |First pay period from 6 |236 |730 |
|Erratum | | |October 1983 | | |
| |82373 |6.2.85 |First pay period from 7 May |236 |732 |
|Erratum | | |1981 | | |
|Variation to Crown Employees (Skilled|82630 |20.3.85 |First pay period from 26 |236 |1375 |
|Tradesmen) Award | | |November 1983 | | |
|Variation to Crown Employees (Skilled|83048 |17.7.85 |First pay period from 6 April|238 |209 |
|Tradesmen) Award | | |1982 | | |
|Erratum |83022 |24.7.85 |First pay period from 8 |238 |368 |
| | | |October 1982 | | |
|Variation to Crown Employees (Skilled|83154 |31.7.85 |First pay period from |238 |464 |
|Tradesmen) Award | | |13 December 1983 | | |
|Variation to Crown Employees (Skilled|84018 |15.1.86 |First pay period from |240 |290 |
|Tradesmen) Award | | |6 April 1984 | | |
|Variation to Crown Employees (Skilled|84164 |19.2.86 |First pay period from |240 |832 |
|Tradesmen) Award |3 | |6 April 1985 | | |
|Variation to Crown Employees (Skilled|A0984 |23.4.86 |First pay period from |241 |376 |
|Tradesmen) Award | | |1 January 1985 | | |
|Variation to Crown Employees (Skilled|A2209 |3.6.87 |First pay period from |245 |546 |
|Tradesmen) Award | | |21 December 1985 | | |
|Variation to Crown Employees (Skilled|A2210 |3.6.87 |First pay period from |245 |549 |
|Tradesmen) Award | | |21 December 1985 | | |
|Variation to Crown Employees (Skilled|A2257 |3.6.87 |First pay period from |247 |37 |
|Tradesmen) Award | | |4 November 1985 | | |
|Variation to Crown Employees (Skilled|A4824 |22.6.88 |First pay period from 1 July |248 |1197 |
|Tradesmen) Award | | |1986 | | |
|Variation to Crown Employees (Skilled|A3395 |29.6.88 |First pay period from 20 |248 |1301 |
|Tradesmen) Award | | |February 1987 | | |
|Variation to Crown Employees (Skilled|A2519 |3.8.88 |First pay period from 30 |249 |455 |
|Tradesmen) Award | | |November 1984 and 7 February | | |
| | | |1985 | | |
|Variation to Crown Employees (Skilled|A2787 |3.8.88 |First pay period from 15 |249 |463 |
|Tradesmen) Award | | |November 1986 | | |
|Variation to Crown Employees (Skilled|A2892 |21.9.88 |First pay period from 1 July |249 |1236 |
|Tradesmen) Award | | |1986 | | |
|Variation to Crown Employees (Skilled|A5354 |21.9.88 |First pay period from 10 |249 |1313 |
|Tradesmen) Award | | |March 1987 | | |
|Variation to Crown Employees (Skilled|A3599 |12.10.88 |First pay period from 19 |250 |219 |
|Tradesmen) Award | | |December 1986 | | |
|Variation to Crown Employees (Skilled|A2539 |9.11.88 |First pay period from 6 April|250 |635 |
|Tradesmen) Award | | |1985 | | |
|Variation to Crown Employees (Skilled|A3326 |9.11.88 |First pay period from 7 March|250 |683 |
|Tradesmen) Award | | |1987 | | |
|Variation to Crown Employees (Skilled|A4729 |23.11.88 |First pay period from 4 |250 |880 |
|Tradesmen) Award | | |November 1987 | | |
|Variation to Crown Employees (Skilled|A5280 |10.5.89 |First pay period from 17 |252 |424 |
|Tradesmen) Award | | |December 1987 | | |
|Variation to Crown Employees (Skilled|A6371 |14.6.89 |First pay period from 12 |252 |865 |
|Tradesmen) Award | | |April 1988 | | |
|Variation to Crown Employees (Skilled|A7032 |22.12.89 |First pay period from 5 |253 |1261 |
|Tradesmen) Award | | |February 1988 | | |
|Variation to Crown Employees (Skilled|A7015 |6.4.90 |First pay period from 6 May |255 |717 |
|Tradesmen) Award | | |1988 | | |
|Variation to Crown Employees (Skilled|A7089 |6.7.90 |First pay period from 17 July|257 |385 |
|Tradesmen) Award | | |1989 | | |
|Variation to Crown Employees (Skilled|A7392 |25.7.90 |First pay period from 3 |257 |858 |
|Tradesmen) Award | | |December 1988 | | |
|Variation to Crown Employees (Skilled|A7207 |31.8.90 |First pay period from 27 |258 |842 |
|Tradesmen) Award | | |July 1988 | | |
|Variation to Crown Employees (Skilled|A7394 |5.10.90 |First pay period from 18 |259 |544 |
|Tradesmen) Award | | |August 1989 | | |
|Variation to Crown Employees (Skilled|A7252 |14.12.90 |First pay period from 15 |260 |981 |
|Tradesmen) Award | | |December 1980 | | |
|Variation to Crown Employees (Skilled|A8348 |3.5.91 |First pay period from 9 |262 |449 |
|Tradesmen) Award | | |August 1990 | | |
|Variation to Crown Employees (Skilled|B0276 |30.8.91 |First pay period from 22 |264 |1523 |
|Tradesmen) Award | | |December 1989 | | |
|Variation to Crown Employees (Skilled|B0414 |17.1.92 |First pay period from 3 |267 |380 |
|Tradesmen) Award | | |January 1991 | | |
|Variation to Crown Employees (Skilled|B1378 |16.10.92 |First pay period from 12 |272 |71 |
|Tradesmen) Award | | |July 1988, 7 September 1988 | | |
| | | |and 7 March 1989 | | |
|Variation to Crown Employees (Skilled|B1516 |13.11.92 |First pay period from 19 |272 |394 |
|Tradesmen) Award | | |March 1992 | | |
|Variation to Crown Employees (Skilled|B2002 |23.7.93 |First pay period from 9 |275 |1170 |
|Tradesmen) Award | | |September 1991 | | |
|Variation to Crown Employees (Skilled|B3067 |29.9.95 |First pay period from 12 |288 |372 |
|Tradesmen) Award | | |November 1992 | | |
|Variation to Crown Employees (Skilled|B3166 |24.11.95 |First pay period from 24 |289 |760 |
|Tradesmen) Award | | |October 2990 | | |
Splinter Award
Crown Employees (Skilled Tradesmen – 1994 Expense Related Allowances) Award
|Principal Crown Employees (Skilled | | | | | |
|Tradesmen) Award | |5.7.96 |First pay period from 28 |293 |859 |
| | | |February 1995 | | |
SCHEDULE B
Changes made on Review
|Award |Clause |Previous Form of Clause |Comment |
| | |Last Published at | |
| | |IG Vol Page | |
|Crown Employees (Skilled Tradesmen)|Title |224 17 |Title changed to Crown Employees (Skilled|
|Award | | |Trades) Award to remove gender specific |
| | | |reference. Title page reformatted with |
| | | |pro forma for s19 award review process |
|Crown Employees (Skilled Tradesmen)|3 Margins |264 1523 |Rates of Pay /Margins set out in Table 1 |
|Award | | |of Part B Monetary |
|Crown Employees (Skilled Tradesmen)|27 Dispute |293 859 |Clause taken from CE (Skilled Tradesmen –|
|Award |Resolution | |1994 Expense Related Allowances) Award |
| | | |inserted as required by section 14 of the|
| | | |Industrial Relations Act 1996 |
|Crown Employees (Skilled Tradesmen)|17 Hygiene and |264 1523 |List of contents of First Aid Kit deleted|
|Award |First-Aid Kit (ii) | |and reference to OH&S Act (First Aid) |
| |(a) | |Regulation inserted |
|Crown Employees (Skilled Tradesmen)|Part B Table 2 |293 859 |Expense Related Allowances inserted into |
|Award |Allowances Table 3 | |reviewed award |
| |Allowances | | |
(2) Provisions Removed:
| | |Previous Form of Clause Last | |
| | |Published at | |
|Award |Clause |IG Vol Page |Comment |
|Crown Employees (Skilled |1 Basic Wage |289 760 |Not required |
|Tradesmen) Award | | | |
| |2 Hours – Day Workers (v) |231 1133 |Referred to overtime entitlements for |
| |(a) (i) (ii) | |workers from making of award – already |
| | | |covered in Overtime clause |
| |2 Hours – Day Workers |231 1133 |Refers to Health Commission employees – |
| |(viii) | |not covered by this award |
| |3B No Extra Claims |264 1525 |Deleted – No longer relevant |
| |3C Structural Efficiency |264 1525 |Deleted – No longer relevant |
| |Principle Implementation | | |
| |4(xi) Tradesperson |279 1251 |Allowances incorporated into all up rate |
| |Allowance | |of pay incorporated into CE Common Wage |
| |6 (i) Industry Allowance | |Points Award |
| |7A Charge Hands |264 1533 |Classification no longer exists |
| |9. Special Rates |279 1255 |Refers to Geriatric Hospitals — employees|
| |(xxii)(c) | |now under Public Hospitals Skilled Trades|
| | | |Award |
| |9. Special Rates (i) Cold |279 1255 |Both clauses refer to Homebush Abattoir |
| |Places and (xxiii) | |Corporation which no longer exists |
| |Slaughtering Yard Rates | | |
| |10 (vi) Weights |260 986 |Clause sets out weight limits for lifting|
| | | |for male female apprentices — considered |
| | | |discriminatory |
| |30 Preference of |264 1533 |Removed in line with requirements of Ch. |
| |Employment | |5 Part 1, Cl.211 of the IR Act 1996 |
(3) New Provisions
|Award |Clause |Comment |
|Crown Employees (Skilled |25. Anti Discrimination |New clause inserted as required by the State Wage Case |
|Tradesmen) Award | |1999 Decision of the Full Bench of IRC of NSW Dated 3 June|
| | |1999 (IRC 1915 of 1999) |
| |26. Carer’s Leave |New clause inserted as required by the State Personal |
| | |Carer’s Leave Case Decision of Full Bench of IRC of NSW in|
| | |August 1996 (IRC 2 of 1996 |
| |27 Dispute Resolution |Dispute Resolution clause taken from Crown Employees |
| | |(Skilled Tradesmen – 1994 Expense Related Allowances) |
| | |Award and inserted into reviewed award |
E. A. R. BISHOP, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(950) SERIAL C0166
HEALTH, FITNESS AND INDOOR SPORTS CENTRES
(STATE) AWARD
Erratum to Serial C0077 published 4 May 2001
(324 I.G. 497)
nil " (No. IRC 5623 of 1999)
ERRATUM
1. For Table 1 — Rates of Pay, and Table 2, Other Rates and Allowances, appearing in Part B, Monetary Rates, of the award, substitute the following:
Table 1 — Rates of Pay
|Grade |Relativity |Full-time weekly rate |Hourly rate |
| |% |$ |$ |
|Level 1 |78 |400.40 |10.54 |
|Level 2 |82 |417.10 |10.98 |
|Level 3A |87.4 |439.60 |11.57 |
|Level 3B |91.5 |456.00 |12.00 |
|Level 4 |92 |458.80 |12.07 |
|Level 5 |100 |492.20 |12.95 |
|Level 6 |115 |555.40 |14.62 |
Junior Rates for Levels 1, 2 and 3 —
Percentage of
Appropriate Adult Rate
At 16 years of age and under 55
At 17 years of age 65
At 18 years of age 75
At 19 years of age 85
At 20 years of age 100
Table 2 — Other Rates and Allowances
|Item no. |Clause no. |Brief Description |Amount |
| | | |$ |
|1 |2(c) |Supervisory loading — Up to 5 employees |17.32 per week |
|2 |2(c) |Supervisory loading — 6 to 10 employees |23.71 per week |
|3 |2(c) |Supervisory loading — 11 or more employees |31.70 per week |
|4 |21 |First-aid allowance |8.09 per week |
| | | |1.62 per shift |
|5 |23(a) |Stocking allowance |2.25 per week |
| | | |0.45 per day |
| |23(b) |Toilet cleaning allowance |6.60 per week |
| |23(c) |Laundry allowance |5.80 per week |
| | | |1.16 per day |
| |23(d) |Broken shift allowance — For each broken shift so worked |8.67 per day |
| | |Excess Fares allowance |5.80 per week or 1.16|
| | | |per day |
2. For Part C, Trainee Monetary Rates, of the award, substitute the following:
PART C
TRAINEE MONETARY RATES
Table 1- Industry/Skill Level A
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level A:
| |Highest Year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School Leaver |142.00 (50%)* |176.00 (33%) |241.00 |
| |165.00 (33%) |198.00 (25%) | |
|plus 1 year out of school |198.00 |241.00 |281.00 |
|plus 2 years out of school |241.00 |281.00 |327.00 |
|plus 3 years out of school |281.00 |327.00 |374.00 |
|plus 4 years out of school |327.00 |374.00 | |
|plus 5 years out of school |374.00 | | |
*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.
Table 2 - Industry/Skill Level B
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level B:
| |Highest Year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School Leaver |142.00 (50%)* |176.00 (33%) |231.00 |
| |165.00 (33%) |198.00 (25%) | |
|plus 1 year out of school |198.00 |231.00 |266.00 |
|plus 2 years out of school |231.00 |266.00 |312.00 |
|plus 3 years out of school |266.00 |312.00 |356.00 |
|plus 4 years out of school |312.00 |356.00 | |
|plus 5 years out of school |356.00 | | |
*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.
Table 3 - Industry/Skill Level C
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level C:
| |Highest Year of Schooling Completed |
| |Year 10 |Year 11 |Year 12 |
| |$ |$ |$ |
|School Leaver |142.00 (50%)* |176.00 (33%) |221.00 |
| |165.00 (33%) |198.00 (25%) | |
|plus 1 year out of school |198.00 |221.00 |248.00 |
|plus 2 years out of school |221.00 |248.00 |278.00 |
|plus 3 years out of school |248.00 |278.00 |311.00 |
|plus 4 years out of school |278.00 |311.00 | |
|plus 5 years out of school |311.00 | | |
*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.
Table 4 - School Based Traineeships
| |Year of Schooling |
| |Year 11 |Year 12 |
| |$ |$ |
|School based traineeships skill levels A, B and C. |181* |198* |
*Assumes that the average proportion of time spent in structured training is 20 per cent.
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
(1008) SERIAL C0169
AUSTRAL BRICK COMPANY PTY LTD (MECHANICAL MAINTENANCE EMPLOYEES EASTWOOD)
ENTERPRISE AWARD 2000
Erratum to Serial C0082 published 25 May 2001
(324 I.G. 1333)
nil " (No. IRC 5047 of 2000)
ERRATUM
1. For clause 4, Period of Operation, substitute the following:
4. Period of Operation
This award will operate from the first pay period on or after 28 September 2000 and will remain in force until 30 September 2002, subject to the provisions of the New South Wales Industrial Relations Act 1996.
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
(739) SERIAL C0133
CROWN EMPLOYEES (PARLIAMENTARY ATTENDANT
STAFF) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 4306 of 1999)
Before Mr Deputy President Sams 27 February 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Crown Employees (Parliamentary Attendant Staff) Award published 17 November 1976 (203 I.G. 692), as varied, be rescinded on and from 27 February 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1513) SERIAL C0137
THE OLYMPIC LABOUR NETWORK ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1180 of 2001)
Before Mr Deputy President Sams 14 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that The Olympic Labour Network Enterprise Award published 1 September 2000 (318 I.G. 213), as varied, be rescinded on and from 14 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(2069) SERIAL C0134
O.P.S.M. SUPERANNUATION AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1176 of 2001)
Before Mr Deputy President Sams 14 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the O.P.S.M. Superannuation Award published 23 November 1988 (250 I.G. 835) be rescinded on and from 14 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1540) SERIAL C0138
SYDNEY OLYMPIC BROADCASTING ORGANISATION ENTERPRISE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1297 of 2001)
Before Mr Deputy President Sams 14 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Sydney Olympic Broadcasting Organisation Enterprise Award published 6 October 2000 (319 I.G. 214) be rescinded on and from 14 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1048) SERIAL C0139
PORT MACQUARIE SHOPPING CENTRE CONSTRUCTION PROJECT (STATE) CONSENT AWARD 1995
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1195 of 2001)
Before Mr Deputy President Sams 2 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Port Macquarie Shopping Centre Construction Project (State) Consent Award 1995 published 22 September 1995 (288 I.G. 1) be rescinded on and from 2 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1419) SERIAL C0135
JAMES HARDIE BUILDING SYSTEMS PTY LIMITED (BONDOR) ENTERPRISE (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1093 of 2001)
Before Mr Deputy President Sams 2 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the James Hardie Building Systems Pty Limited (Bondor) Enterprise (State) Award published 27 August 1999 (310 I.G. 616), as varied, be rescinded on and from 2 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(1458) SERIAL C0136
TRANSFIELD PTY LTD — MORPETH WASTEWATER TREATMENT WORKS CONSENT AWARD 1999
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1327 of 2001)
Before Mr Deputy President Sams 14 May 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Transfield Pty Ltd — Morpeth Wastewater Treatment Works Consent Award 1999 published 16 June 2000 (316 I.G. 509) be rescinded on and from 14 May 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
(627) SERIAL C0116
COSTA’S PTY LIMITED FLEMINGTON FRESH PRODUCE DISTRIBUTION CENTRE AWARD 1997
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 5933 of 1999)
Before Commissioner Patterson 30 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Costa’s Pty Limited Flemington Fresh Produce Distribution Centre Award 1997 published 11 September 1998 (306 I.G. 573), as varied, be rescinded on and from 30 March 2001.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(373) SERIAL C0115
TOOHEYS LIMITED (GRAFTON BREWERY) (STATE)
ENTERPRISE AWARD 1996
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 6083 of 1999)
Before Commissioner Patterson 26 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Tooheys Limited (Grafton Brewery) (State) Enterprise Award 1996 published 11 April 1997 (297 I.G. 839), be rescinded on and from 26 March 2001.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(899) SERIAL C0114
MAURI GROCERY PTY LIMITED WAREHOUSE EMPLOYEES CONSENT AWARD 1996
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 5913 of 1999)
Before Commissioner Patterson 29 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Mauri Grocery Pty Limited Warehouse Employees Consent Award 1996 published 14 February 1997 (296 I.G. 477), be rescinded on and from 29 March 2001.
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C0118
OBSOLETE AWARDS
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 4024, 4147 and 4149 of 1999)
Before Commissioner Patterson 26 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the following awards be rescinded on and from 26 March 2001:
Award Code Award Title
1331 Maxpro Systems Pty Ltd Enterprise Award 1997 published 19 June 1998 (305 I.G. 379)
1236 Roger Foley & Associates Pty Ltd Award published 6 June 1997 (298 I.G. 1017)
1272 Transwire Pty Ltd Enterprise Award 1996 published 19 September 1997 (301 I.G. 84)
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C0117
OBSOLETE AWARDS
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 3944, 3953, 4576, 4577 and 4578 of 1999)
Before Commissioner Patterson 26 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the following awards be rescinded on and from 26 March 2001:
Award Code Award Title
1255 ABB Installation and Service (NSW Installation Division) Enterprise Award 1996 published 22 August 1997 (300 I.G. 646)
1256 ABB Installation and Service (NSW Labour Hire Division) Kimberly-Clark Ingleburn Site Enterprise Award 1996 published 22 August 1997 (300 I.G. 662)
1253 ABB Installation and Service (NSW Installation Division) Sydney Enterprise Award 1996 published 22 August 1997 (300 I.G. 616)
893 Alform Pty Ltd Enterprise Award 1996 published 14 March 1997 (297 I.G. 1)
299 Electricians’ (Pilkington (Australia) Operations Ltd — Alexandria) Enterprise Bargaining Award published 27 January 1995 (283 I.G. 524)
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C0118
OBSOLETE AWARDS
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 4024, 4147 and 4149 of 1999)
Before Commissioner Patterson 26 March 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the following awards be rescinded on and from 26 March 2001:
Award Award Title
Code
1331 Maxpro Systems Pty Ltd Enterprise Award 1997 published 19 June 1998 (305 I.G. 379)
1236 Roger Foley & Associates Pty Ltd Award published 6 June 1997 (298 I.G. 1017)
1272 Transwire Pty Ltd Enterprise Award 1996 published 19 September 1997 (301 I.G. 84)
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
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