GAZETTE COVER [PAGE]
Vol. 325, Part 2 8 June 2001 Pages 209 — 432
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 2 8 June 2001
Pages 209 — 432
Page
Awards and Determinations —
Awards Made, Varied or Rescinded —
|Brambles Armoured Cash Processing and Clerical and Administrative Employees | | |
| |(VIRC) |423 |
|Building Trades (John Fairfax & Sons Ltd) Superannuation (State) |(OIRC) |425 |
|Cleaning and Building Services Contractors (State) |(AIRC) |287 |
|Clerical and Administrative Employees (Catholic Personal Carer's Leave) | | |
| |(RIRC) |281 |
|Crown Employees (Tipstaves to Justices) |(RIRC) |346 |
|KU Children's Services (Other Than Teachers) (State) Consent Award 2000 | | |
| |(VIRC) |420 |
|Metal, Engineering and Associated Industries (State) |(AIRC) |209 |
|Starch Manufacturers, &c. (State) |(RIRC) |370 |
|Toymakers' Employees (State) |(RIRC) |404 |
Enterprise Agreements Approved by the Industrial Relations Commission 426
(039) SERIAL C0081
METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Review pursuant to section 19 of the Industrial Relations Act 1996 and other matters.
(No. IRC 1138, 6125, 5908 of 1999 and 434 of 2000)
Before the Honourable Justice Walton, Vice-President 2 February 2001
AWARD
PART 1 — APPLICATION AND OPERATION OF AWARD
1.1 Award Title
This award is entitled the Metal, Engineering and Associated Industries (State) Award.
1.2 Arrangement
PART 1 — APPLICATION AND OPERATION OF AWARD
1.1 Award Title
1.2 Arrangement
1.3 Anti-Discrimination
1.4 Definitions
1.5 Area, Incidence and Duration
PART 2 — ENTERPRISE FLEXIBILITY
2.1 Enterprise Flexibility
2.2 Facilitative Provisions
PART 3 — CONSULTATION AND DISPUTE RESOLUTION
3.1 Consultative Mechanism and Procedures
3.2 Dispute Resolution Procedure
PART 4 — EMPLOYMENT RELATIONSHIP
4.1 Employer and Employee Duties
4.2 Employment Categories
4.2.1 Probationary Employment
4.2.2 Full Time Employment
4.2.3 Casual Employment
4.2.4 Part-time Employment
4.2.5 Employment For Specific Period of Time or For a Specific Task or Tasks
4.2.6 Apprentices
4.2.7 Trainees
4.2.8 Unapprenticed Juniors
4.3 Termination of Employment
4.3.1 Notice of Termination by Employer
4.3.2 Notice of Termination by Employee
4.3.3 Summary Dismissal
4.3.4 Time Off During Notice Period
4.4 Redundancy
4.4.1 Application
4.4.2 Introduction of Change
4.4.2.1 Employer’s Duty to Notify
4.4.2.2 Employer’s Duty to Discuss Change
4.4.3 Redundancy
4.4.3.1 Discussions Before Terminations
4.4.4 Termination of Employment
4.4.4.1 Notice for Changes in Production, Programme, Organisation or Structure
4.4.4.2 Notice for Technological Change
4.4.4.3 Time off During the Notice Period
4.4.4.4 Employee Leaving During the Notice Period
4.4.4.5 Statement of Employment
4.4.4.6 Employment Separation Certificate
4.4.4.7 Transfer to Lower Paid Duties
4.4.5 Severance Pay
4.4.5.1 Amounts
4.4.5.2 Incapacity to Pay
4.4.5.3 Alternative Employment
4.5 Absence From Duty
4.6 Standing Down Employees
4.7 Abandonment of Employment
4.8 Pay Slips and Employer Records
4.9 Right of Entry
4.10 Award to be Posted
4.11 Shop Stewards and Notice Board
PART 5 — RATES OF PAY AND RELATED MATTERS
5.1 Classifications and Rates of Pay
5.1.1 Rates of Pay for Adult Employees
5.1.2 Classification Definitions
5.1.3 Procedure for Classifying Employees
5.1.4 Mixed Functions
5.2 Training
5.3 Apprentice Rates of Pay
5.4 Adult Apprentice Rates of Pay
5.5 Unapprenticed Junior Rates of Pay
5.6 Trainee Rates of Pay
5.7 Payment by Results
5.8 Supported Wage System for People with Disabilities
5.9 Allowances and Special Rates
5.9.1 All-purpose Allowances
5.9.2 Other Allowances
5.9.3 Special Rates
5.9.4 Transfer, Travelling and Working Away From Usual Place of Work
5.10 Extra Rates not Cumulative
5.11 Payment of Wages
5.11.1 Period of Payment
5.11.2 Method of Payment
5.11.3 Payment of Wages on Termination of Employment
5.11.4 Day off Coinciding With Pay Day
5.11.5 Wages to be Paid During Working Hours
5.11.6 Absences from Duty Under an Averaging System
PART 6 — HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1 Ordinary Hours of Work
6.1.1 Ordinary Hours of Work — Day Workers
6.1.2 Ordinary Hours of Work — Continuous Shiftworkers
6.1.3 Ordinary Hours of Work — Non-Continuous Shiftworkers
6.1.4 Methods of Arranging Ordinary Working Hours
6.1.5 Daylight Saving
6.1.6 Make-up Time
6.2 Special Provisions for Shiftworkers
6.2.1 Definitions
6.2.2 Afternoon and Night Shift Allowances
6.2.3 Rate for Working on Saturday Shifts
6.2.4 Rate for Working on Sunday and Public Holiday Shifts
6.3 Meal Breaks
6.4 Overtime
6.4.1 Payment for Working Overtime
6.4.2 Requirement to Work Reasonable Overtime
6.4.3 One in, All in Does Not Apply
6.4.4 Rest Period after Overtime
6.4.5 Call Back
6.4.6 Standing By
6.4.7 Saturday Work
6.4.8 Sunday Work
6.4.9 Public Holiday Work
6.4.10 Rest Break
6.4.11 Meal Allowance
6.4.12 Transport of Employees
PART 7 — TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1 Annual Leave
7.1.1 Period of Leave
7.1.2 Additional Leave for Seven Day Shift Workers
7.1.3 Payment for Period of Annual Leave
7.1.4 Loading on Annual Leave
7.1.5 How to Calculate the Leave Entitlement
7.1.6 Public Holidays Falling in a Period of Leave
7.1.7 Annual Leave in One or More Separate Periods
7.1.8 Leave is to be Taken
7.1.9 Time of Taking Leave
7.1.10 Leave Allowed Before Due Date
7.1.11 Proportionate Leave on Termination
7.1.12 Annual Close Down
7.2 Long Service Leave
7.3 Sick Leave
7.3.1 Amount of paid sick leave
7.3.2 Single Day Absences
7.3.3 Accumulation of Sick leave
7.3.4 Attendance at Hospital, etc.
7.3.5 Year of Service
7.3.6 Broken Service
7.4 Personal/Carers Leave
7.4.1 Use of Sick leave
7.4.2 Unpaid Leave for Family Purpose
7.4.3 Use of Annual Leave
7.4.4 Use of Time off in Lieu of Payment for Overtime
7.4.5 Use of Make-up Time
7.4.6 Use of Rostered Days Off
7.4.7 Bereavement Leave
7.5 Jury Service
7.6 Parental Leave
7.7 Public Holidays
7.7.1 Prescribed Holidays
7.7.2 Payment for Time Worked on a Public Holiday
7.7.3 Effect on Payment for Holidays if Absent on Working Day Before or After
7.7.4 Rostered Day Off Falling on Public Holiday
7.7.5 Public Holidays Falling Within a Period of Annual Leave
SCHEDULE A CLASSIFICATION DEFINITIONS
SCHEDULE B INDUSTRIES AND CALLINGS
1.3 Anti-Discrimination
1.3.1 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.
1.3.2 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.
1.3.3 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.
1.3.4 Nothing in this clause is to be taken to affect:
1.3.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
1.3.4.2 offering or providing junior rates of pay to persons under 21 years of age;
1.3.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
1.3.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
1.3.5 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.”
l.4 Definitions
1.4.1 "Confined Space" means a compartment, space (access to which is through a manhole or similar opening) or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation and subject thereto includes the following spaces:
1.4.1 (a) In the case of a ship, inside complete tanks, chain lockers and peaks, in bilges, under engine beds, under engine room and stockhold floors, or under or inside boilers;
1.4.1 (b) In the case of a locomotive - inside the barrels of boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks, saddle tanks or smoke boxes;
1.4.1 (c) In other cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.
1.4.2 "Engineering Streams" are the three broad engineering streams recognised within the classification definitions set out in Schedule A, namely: Electrical/electronic; fabrication; and mechanical. Additionally, there are five vocational fields (as defined). Entry to training in any engineering stream is not conditional on union membership. The streams are defined as:
1.4.2 (a) "Electrical/electronic stream" includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices systems, equipment and controls, eg, electrical wiring, motors, generators, PLC's and other electronic controls, instruments, refrigeration, telecommunications, radio and television, communication and information processing.
1.4.2 (b) "Mechanical stream" includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments, refrigeration, and the use of related computer controlled equipment, eg, Computer Numeric Controlled machine tools.
1.4.2 (c) "Fabrication stream" includes fabrication, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing, sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals, plastics, carbon fibre, composite materials, ceramics and other materials.
1.4.3 "New construction work on a multi-storey building" means work performed on a building construction site in connection with the construction of a multi-storey building in the course of erection. However, it does not include work associated with the installation of internal blinds, curtains, moveable furniture and the like.
For the purposes of this definition a "Multi-storey building" means a building of three or more floors (including the ground floor) above the lowest adjacent street level the principle purposes of which are:
To store or sell stock of goods and/or vehicles; or
To house persons for purposes of work or entertainment or residence; or
To contain plant, equipment or machinery.
It does not include structures which are primarily civil or mechanical engineering structures, or installations, such as power stations, grain elevators and silos, oil refineries, wharves, jetties, piers, bridges, or pipelines, water storage towers, or the like.
1.4.4 "Ship Repairs" means:
1.4.4 (a) All repair work done on ships;
1.4.4 (b) All work other than the making of spare parts and stores done in a workshop used for ship repairs only;
1.4.4 (c) Work done in a workshop used for ship repairing, general engineering, metal moulding, steel construction and other heavy metal fabrication on which employees are engaged both on the ship and in the workshop.
1.4.5 "Vocational Fields" are the five vocational fields recognised within the classification structure of this Award, namely: trade; technical; engineering/production; supervisor/trainer/co-ordinator; and professional. The fields are defined as:
1.4.5 (a) "Trade" includes an employee who possesses as a minimum qualification a trade certificate in any of the engineering streams on the higher engineering trade (as defined).
1.4.5 (b) "Technical Field" includes:
(i) Production planning, including scheduling, work study, and estimating materials, handling systems and like work.
(ii) Technical including inspection, quality control, supplier evaluation, laboratory, non- destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work.
(iii) Design and draughting and like work.
1.4.5 (c) "Engineering/Production Field" includes employees primarily engaged in production work including production, distribution, stores and warehousing, but does not require a qualification in the trade, technical, professional or supervisory fields.
1.4.5 (d) "Supervisor/Trainer/Co-ordinator Field" includes employees who are:
(i) Responsible for the work of other employees and/or provision of on-the-job training including coordination and/or technical guidance; or
(ii) Responsible for supervision and/or training of other supervisors or trainers; or
(iii) Responsible primarily for the exercise of technical skills, as defined, up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.
1.4.5 (e) "Professional Field" includes an employee who possesses an academic qualification which enables that employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Metal, Engineering and Associated Industries, 1998 Part IV — Professional Scientists.
1.4.6 "Adult Apprentice" means a person of 21 years of age or over at the time of entering into an indenture. Provided that this definition shall only apply to indentures entered into after the making of this award
1.5 Area, Incidence and Duration
This award rescinds and replaces the Metal and Engineering Industry (New South Wales) Interim Award published 2 August 1991 (264 I.G. 536), as varied; the Metal and Engineering Industry (State Wage Case 1996) (Wages) (State) Award published 1 November 1996 (295 I.G.605), as varied; the Metal and Engineering Industry Redundancy (State) Award published 24 March 1995 (284 I.G. 954) and the Metal and Engineering Industry Family Leave Provisions (State) Award published 8 March 1996 (291 I.G. 52) as varied.
This award shall commence on and from 2 February 2001 and shall remain in force for a period of 12 months.
It shall apply to all persons of the classes herein mentioned in the State excluding the County of Yancowinna.
This award shall apply to the Industries and Callings under the jurisdiction of the Metal and Engineering Industry (New South Wales) Industrial Committee.
Excepting employees of:
Public Transport Commission of New South Wales;
The Commissioner for Motor Transport;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty. Limited;
The Electrolytic Refining and Smelting Company of Australia Proprietary Limited;
The Metal Manufactures Limited;
The Australian Fertilizers Limited, and the Austral Standards Cables Proprietary Company Limited, at Port Kembla;
The Broken Hill Proprietary Company Limited, at Newcastle;
Australian Iron & Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Industrial Committee and the Quarries (Australian Iron & Steel Proprietary Limited) Industrial Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney;
The Council of the City of Newcastle;
The Sydney County Council;
The St. George County Council;
Australian Wire Industries Pty Ltd at its Sydney Wiremill;
Australian Wire Industries Pty Ltd at its Newcastle Wiremill;
The Northern Rivers County Council;
The Electricity Commission of New South Wales;
Lysaght Brothers and Company Limited, at Chiswick, Parramatta River;
Courtaulds (Australia) Limited at or in connection with its works at Tomago;
Rylands Brothers (Australia) Proprietary Limited at its works at Port Waratah, near Newcastle;
Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge;
Electric Light and Power Supply Corporation Limited;
Parramatta - Granville Electric Supply Company Limited;
The Australian Gas Light Company,
The North Shore Gas Company Limited;
And excepting also employees —
In or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;
In or about metalliferous and limestone mines, in or in connection with mining for minerals other than coal or shale, and in or about diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment and reduction works;
And excepting also —
Persons employed in or by the United Dental Hospital of Sydney;
And excepting employees within the jurisdiction of the following Industrial Committees —
Special Steels and Steel Products Manufacture
(Commonwealth Steel Company Limited);
University Employees, &c. (State);
Tubemakers of Australia Limited, Newcastle;
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Newcastle;
Wire Rope Makers, &c. (Australian Wire Rope Works Proprietary Limited);
Commonwealth Steel Company Limited, Unanderra;
Tubemakers of Australia Limited, Yennora;
Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited);
Milk Treatment, &c., and Distribution (State);
Cement Workers, &c. (State);
Shoalhaven Scheme;
Googong Dam Project;
And excepting also —
Persons coming within the jurisdiction of the Crown Employees (Skilled Tradesmen) Industrial Committee;
Employees within the jurisdiction of University Building Maintenance Employees (State) Industrial Committee.
Persons within the jurisdiction of the Municipal and Shire Council Employees Industrial Committee;
Persons coming within the jurisdiction of the Public Hospital (Skilled Tradesmen) Industrial Committee.
Persons employed in or by Newcastle Newspapers Pty Limited for so long as it observes the provisions of Industrial Agreement No. 8447.
PART 2 — ENTERPRISE FLEXIBILITY
Summary
These clauses provide for how the award may be varied in order to meet the particular needs of an enterprise.
2.1 Enterprise Flexibility
Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:
2.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.
2.1.2 For the purpose of the consultative process the employees may nominate the Union or Unions bound by this award, or other representative, to represent them.
2.1.3 Where agreement is reached an application shall be made to the Commission.
2.2 Facilitative Provisions
2.2.1 Agreement to Vary Award Provisions —
2.2.1 (a) This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in 2.2.2, 2.2.3 and 2.2.4.
2.2.1 (b) The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.
2.2.2 Facilitation by Individual Agreement —
2.2.2 (a) The following facilitative provisions can be utilised upon agreement between an employer and an employee provided that the agreement complies with clause 2.2.2(b), (c)(i) and (ii):
4.2.4(b)(iii) Variation to Hours Part-time Employment
5.9.1(d)(ii) Tool Allowance
6.1.6 Make-up Time
6.3.5 Meal Breaks
6.4.1(d) Time Off in Lieu of Payment for Overtime
6.4.4(d) Rest Period after Overtime
7.1.7(b) Annual Leave in One or More Separate Periods
7.1.9(c) Time of Taking Annual Leave
2.2.2 (b) The agreement reached must be recorded in the time and wage record kept by the employer in accordance with Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.
2.2.2 (c) (i) If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.
(ii) The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.
2.2.3 Facilitation by Majority or Individual Agreement —
2.2.3 (a) Subject to paragraphs (b) and (c) of this subclause, the following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it OR, the employer and an individual employee:
5.11.1(b) Payment of Wages
6.1.1(b) Ordinary hours of Work for Day Workers on Weekends
6.1.1(c) Variation to Spread of Hours for Day Workers
6.1.4(a)&(b) Methods of Arranging Ordinary Working Hours
6.2.1 Shift Definitions
6.3.1(b) Working in Excess of Five Hours without a Meal Break
7.7.1(e) Substitution of Public Holidays
2.2.3 (b) Majority Agreement — Where agreement has been reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in 2.2.3(a), the employer may not implement that agreement unless:
(i) it complies with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and
(ii) agreement has been reached with each individual employee to be covered by the facilitative provision.
2.2.3 (c) Individual Agreement — Where no agreement has been sought by the employer with the majority of employees in accordance with 2.2.3(b), the employer may seek to reach agreement with individual employees in the workplace, and such agreement will be binding on individual employees provided it complies with 2.2.2(b) and (c) and provided that the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.
2.2.4 Facilitation by Majority Agreement —
2.2.4 (a) The following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it:
6.1.2(c) Ordinary Hours of Work, Continuous Shift Workers
6.1.3(b) Ordinary Hours of Work, Non-continuous Shift Workers
6.1.4(c) 12 Hour Shifts
6.2.4(d) Public Holiday Shifts
7.1.1(a)(ii) Period of Annual Leave
7.1.12(d)(iii) Annual Close Down
2.2.4 (b) Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in 2.2.4(a), that agreement shall be binding on all such employees, provided the requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.
2.2.5 Additional Safeguard —
2.2.5 (a) An additional safeguard applies to:
5.11.1(b) Period of Payment of Wages
6.1.2(c) Ordinary Hours of Work, Continuous Shift Workers
6.1.3(b) Ordinary Hours of Work, Non-Continuous Shift Workers.
2.2.5 (b) The additional safeguard requires that the unions which are party to the award and which have members employed at an enterprise covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.
2.2.6 Majority Vote at the Initiation of the Employer — A vote of employees in the workplace, or a section or sections of it, taken in accordance with 2.2.3 or 2.2.4, to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.
2.2.7 Dispute Over Facilitation — In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 3.2
PART 3 — CONSULTATION AND DISPUTE RESOLUTION
3.1 Consultative Mechanism and Procedures
3.1.1 At the discretion of the employer each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including a trade union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clauses 2.1 and 2.2 which they agree would assist in achieving and maintaining co-operative workplace relations and mutually beneficial work practices.
3.1.2 The employer shall permit a notice board to be erected in the plant, or each part of a plant, to facilitate communication between employees and/or their union representatives.
3.2 Dispute Resolution Procedure
Summary
Each enterprise must establish a procedure to avoid or resolve disputes.
3.2.1 A procedure for the avoidance or resolution of disputes will apply in all enterprises covered by this Award. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:
3.2.1 (a) The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop steward or delegate of their union.
Subject to 3.2.2 and 3.2.3 where the shop steward or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.
3.2.1 (b) If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.
The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.
3.2.1 (c) If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation. The employee may invite a more senior union official to be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the matter.
3.2.2 In order to facilitate the procedure in 3.2.1:
3.2.2 (a) The party with the grievance must notify the other party at the earliest opportunity of the problem;
3.2.2 (b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
3.2.2 (c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
3.2.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of the Occupational Health and Safety Act 1983, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
PART 4 — EMPLOYMENT RELATIONSHIP
4.1 Employer and Employee Duties
Summary
An employee has certain obligations to carry out duties as directed. Any direction by the employer must be consistent with a safe and healthy work environment.
4.1.1 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.
4.1.2 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.
4.1.3 Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.
4.2 Employment Categories
Summary
This clause describes the various categories of employment under this award.
4.2.1 Probationary Employment —
4.2.1 (a) An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.
4.2.1 (b) A probationary employee is for all purposes of the award a full-time or part-time employee.
4.2.1 (c) Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.
4.2.2 Full-time Employment — Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
4.2.3 Casual Employment — A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid one thirty eighth of the weekly award wage prescribed herein for the work which he or she performs, plus 15 per cent.
4.2.4 Part-time Employment —
4.2.4 (a) An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.
4.2.4 (b) (i) Before commencing part-time employment, the employee and employer must agree:
(1) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;
(2) upon the classification applying to the work to be performed in accordance with Clause 5.1 of this award;
(ii) Except as otherwise provided in this Award a part-time employee is entitled to be paid for the hours agreed upon in accordance which 4.2.4 (b)(i)(1).
(iii) The terms of this agreement may be varied by consent.
(iv) The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.
4.2.4 (c) The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
4.2.4 (d) Overtime — A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 4.2.4(b) (i) and (iii), shall be paid overtime in accordance with clause 6.4 of this award.
4.2.4 (e) Public Holidays — Where the part-time employee's normal paid hours fall on a public holiday prescribed in clause 7.7 and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with Clause 7.7 of this award.
4.2.5 Employment for a Specific Period of Time or a Specific Task or Tasks —
4.2.5 (a) An employee may be engaged on a full time or part time basis for a specific period of time or for specific task/s.
4.2.5 (b) The details of the specific period of time or specific task/s shall be set out in writing and retained by the employer. The employer shall provide a copy to the employee.
4.2.5 (c) An employee engaged in accordance with 4.2.5(a) is for all purposes of the award a full-time or part-time employee, except where otherwise specified in this award.
4.2.5 (d) Service under a contract of employment for a specific period of time or specific task/s shall form part of an employee's period of continuous service, where such employee is engaged as a full-time or part-time employee immediately following such contract of employment.
4.2.6 Apprentices —
4.2.6 (a) The terms of this award will apply to apprentices (including adult apprentices, as defined) except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.
4.2.6 (b) Apprenticeship Authority shall mean the Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational Training Board constituted under the Act or the Industrial Relation Commission established by the Industrial Relations Act 1996.
4.2.6 (c) (i) The period of apprenticeship shall be four years.
(ii) The period may be varied with the approval of the apprenticeship authority provided that any credits granted shall be counted as part of the apprenticeship for the purpose of wage progression under clause 5.3.
(iii) Further, the period may be varied to such other period as is approved by the apprenticeship authority on the basis of an approved competency based training programme.
(iv) The wage rates mentioned in clause 5.3 may be varied with the approval of the relevant parties to this award according to the apprentice affected, and the relevant apprenticeship authority to allow for progression between wage levels based on the gaining of agreed competencies and/or modules instead of the year of the apprenticeships. For example, the appropriate proportion of the minimum training requirement associated with the year of the apprenticeship could only be used to identify progression from one percentage rate to the next.
4.2.7 Trainees — The parties to this Award shall observe the terms of the Metal Trades (Training Wage) (State) Award.
4.2.8 Unapprenticed Juniors — The terms of this award apply to unapprenticed juniors except where otherwise stated or where special provisions are stated to apply.
4.3 Termination of Employment
Summary
This clause describes certain rights and obligations of both employer and employees in circumstances where employment is terminated.
4.3.1 Notice of Termination by Employer —
4.3.1 (a) In order to terminate the employment of an employee the employer must give to the employee the following notice:
Period of Service Period of Notice
1 year or less l week
1 year and up to the
completion of 3 years 2 weeks
3 years and up to the
completion of 5 years 3 weeks
5 years and over 4 weeks
4.3.1 (b) In addition to the notice in 4.3.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.
4.3.1 (c) Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must 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.
4.3.1 (d) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice, had their employment not been terminated, must be used.
4.3.1 (e) The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.
4.3.1 (f) For the purposes of this clause, service shall be calculated in the manner prescribed by subclause 7.1.5 — How to Calculate Leave.
4.3.2 Notice of Termination by Employee — The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
4.3.3 Summary Dismissal — The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.
4.3.4 Time Off During Notice Period — Where an employer has given notice to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
4.4 Redundancy
4.4.1 Application —
4.4.1 (a) This clause shall only apply in respect of full-time and part-time employees.
4.4.1 (b) This clause shall apply in respect of employers who employ 15 employees or more immediately prior to the termination of employment of employees.
4.4.1 (c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
4.4.1 (d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
4.4.2 Introduction of Change —
4.4.2.1 Employer's Duty to Notify —
4.4.2.1 (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.
4.4.2.1 (b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
4.4.2.2 Employer's Duty to Discuss Change —
4.4.2.2 (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 4.4.2.1, 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.
4.4.2.2 (b) The discussions shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in 4.4.2.1.
4.4.2.2 (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.
4.4.3 Redundancy —
4.4.3.1 Discussions Before Terminations —
4.4.3.1 (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 4.4.2.1(a), 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.
4.4.3.1 (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 4.4.3.1(a) 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.
4.4.3.1 (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 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.
4.4.4 Termination of Employment —
4.4.4.1 Notice for Changes in Production, Programme, Organisation or Structure —
4.4.4.1 (a) The notice provisions to be applied to terminations by the employer for reasons arising from changes in production, programme, organisation or structure shall be the same as that provided in 4.3 Termination of Employment.
4.4.4.1 (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.
4.4.4.2 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 4.4.2.1(a).
4.4.4.2 (a) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.
4.4.4.2 (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.
4.4.4.2 (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.
4.4.4.3 Time Off During the Notice Period —
4.4.4.3 (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 5 weeks, for the purposes of seeking other employment.
4.4.4.3 (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.
4.4.4.4 Employee Leaving During the Notice Period — If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
4.4.4.5 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.
4.4.4.6 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 provided by Centrelink
4.4.4.7 Transfer to Lower Paid Duties — Where an employee is transferred to lower paid duties for reasons set out in subclause (i) of Clause 4 of this award, 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.
4.4.5 Severance Pay —
4.4.5.1 Amounts — Where an employee is to be terminated pursuant to subclause 4.4.4, the employer shall pay the following severance pay in respect of a continuous period of service:
4.4.5.1 (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
4.4.5.1 (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
4.4.5.1 (c) "Week’s pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances.
4.4.5.2 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 4.4.5.1 above.
The 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 4.4.5.1 above will have on the employer.
4.4.5.3 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 4.4.5.1 above if the employer obtains acceptable alternative employment for an employee.
4.5 Absence from Duty
Unless a provision of this award states otherwise (e.g. sick leave), an employee not attending for duty will lose their pay for the actual time of such non-attendance.
4.6 Standing Down Employees
Summary
The employer has the right to stand down an employee without pay in certain circumstances.
The employer has the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.
4.7 Abandonment of Employment
Summary
This clause describes the circumstances which amount to abandonment of employment by an employee.
The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment.
Provided that if within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.
Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
4.8 Pay Slips and Employer Records
4.8.1 Pay Slips — Section 123 of the Industrial Relations Act 1996 (NSW) (‘the Act’) requires that when an employer pays remuneration to an employee, the employer must supply the employee with written particulars regarding the payment. The section enables an employer, with the approval of the Industrial Registrar, to make different arrangements for the supply of information about remuneration.
NOTE: The written particulars required by the Act, as set out in clause 6 of the Industrial Relations (General) Regulation 1996, are subject to change from time to time and are repeated here for convenience only.
CLAUSE 6 Particulars of remuneration to be supplied to employees
(1) For the purposes of section 123 of the Act, the following written particulars are to be supplied by the employer to an employee when remuneration is paid to the employee:
(a) the name of the employee,
(b) if the remuneration of the employee is set by an industrial instrument the classification of the employee under that instrument,
(c) the date on which the payment was made,
(d) the period of employment to which the payment relates,
(e) the gross amount of remuneration (including overtime and other payments),
(f) the amount paid as overtime or such information as will enable the employee to calculate the amount paid as overtime,
(g) the amount deducted for taxation purposes,
(h) the amount deducted as employee contributions for superannuation purposes,
(i) the particulars of all other deductions,
(j) the net amount paid.
4.8.2 Employer Records — Section 129 of the Industrial Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure that certain records are kept in relation to employees of the employer.
NOTE: The records required by the Act, as set out in Division 2 — Employers’ records, of Part 3 of the Industrial Relations (General) Regulation 1996, are subject to change from time to time and are summarised here for convenience only.
CLAUSE 8 Content of records — General
The prescribed records relating to an employee must contain the following particulars:
(a) the full name of the employer,
(b) the full name of the employee,
(c) if any conditions of employment of the employee are set by an industrial instrument the classification of the employee under that instrument,
(d) whether the employee is employed full-time or part-time,
(e) whether the employee is employed on a permanent, temporary or casual basis,
(f) if the employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act 1989 the date the person became such an apprentice or trainee,
(g) the date on which the employee was first employed with the employer,
(h) if the employee's employment is terminated the date of termination.
CLAUSE 9 Content of records — Remuneration And Hours Worked
9(1) [Particulars re remuneration] The prescribed records relating to an employee must contain the following particulars concerning the remuneration paid and hours worked by the employee:
(a) if the relevant industrial instrument prescribes the number of hours to be worked per week, day or other period the number of hours worked by the employee during each such period,
(b) if the relevant industrial instrument limits the daily hours of work and provides for the payment of daily overtime the number of hours worked by the employee during each day and the times of starting and ceasing work,
(c) if the relevant industrial instrument prescribes a weekly, daily, hourly or other period rate of remuneration the rate of remuneration per week, day, hour or other period at which the employee is paid,
(d) if the relevant industrial instrument prescribes piece-work the number and description of pieces made by the employee and the rate per piece at which the employee is paid,
(e) the gross amount of remuneration paid to the employee, showing the deductions made from that remuneration,
(f) such other particulars as are necessary to show that the requirements of the relevant industrial instrument relating to remuneration paid and hours worked are being complied with.
9(2) [Remuneration defined] In this clause, remuneration includes overtime and other payments.
CLAUSE 10 Content of records — Leave
The prescribed records relating to an employee must contain the following particulars about leave of any kind to which the employee is entitled under the industrial relations legislation or an industrial instrument:
(a) the leave taken by the employee,
(b) the employee's entitlement from time to time to that leave,
(c) accrual of leave.
CLAUSE 11 Content of records — Superannuation Contributions
11(1) [Particulars re superannuation] The prescribed records relating to an employee must contain the following particulars about any superannuation contributions that the employer must make for the benefit of the employee under an industrial instrument:
(a) the amount of the contributions made,
(b) the period over which the contributions are made,
(c) when the contributions are made,
(d) the name of the fund or funds to which the contributions were made,
(e) the basis on which the employer became liable to make the contributions (including particulars of any relevant election by the employee).
11(2) [Certain particulars not required] The particulars referred to in subclause (1)(a)-(c) are not required in the case of contributions to a defined benefit superannuation fund within the meaning of the Occupational Superannuation Standards Regulations of the Commonwealth.
CLAUSE 12 Manner and form of keeping records
12(1) [Prescribed records in English] The prescribed records must be:
(a) in legible form in the English language, or
(b) in computerised or other form that is readily accessible and is convertible into a legible form in the English language.
12(2) [Enabling inspection] For the purposes of enabling an inspector or other person to exercise any power conferred by the Act to inspect any records kept in the form referred to in subclause (1)(b), the relevant part of the records are to be converted into legible form in the English language.
4.9 Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996 (NSW).
4.10 Award to be Posted
Section 361 of the Industrial Relations Act 1996 (NSW) requires that an employer of employees whose conditions of employment at any premises are affected by this award must cause a copy of this award to be exhibited in a conspicuous place at those premises.
4.11 Shop Stewards and Notice Board
4.11.1 Shop Stewards —
4.11.1 (a) An employee appointed shop steward in the shop or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union to which he/she belongs. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.
4.11.1 (b) Subject to the prior approval of the employer an accredited shop steward shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited union official of the union to which he/she belongs on legitimate union business.
1. Notice Board — The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in his/her plant or in separate buildings in each plant so that it will be reasonably accessible to all his/her employees working under the award. Accredited union representatives shall be permitted to put on the notice board or boards, union notices, signed or countersigned by the representative posting it. Any notice posted on such board not so signed or countersigned may be removed by an accredited union representative or by the employer.
PART 5 — RATES OF PAY AND RELATED MATTERS
5.1 Classifications and Rates of Pay
5.1.1 Rates Of Pay For Adult Employees —
5.1.1 (a) Adult employees, other than those specified in 5.1.1(b), shall be entitled to receive the award rate of pay for the relevant classification as set out in the table in 5.1.1(c).
5.1.1 (b) The following adult employees are not entitled to receive the award rate of pay set out in the table in 5.1.1(c):
Apprentices and Adult Apprentices (as defined) (refer to Clauses 5.3 and 5.4);
Employees receiving a supported wage (refer to Clause 5.8);
Trainees (refer to Clause 5.6);
5.1.1 (c) Schedule of Rates of Pay —
| | |Suppl. | | | |
|Wage Group |Base rate |Payment |SWC |Weekly |Hourly |
| |per week |per week |adjustments |award rate |rate |
| |$ |$ |$ |$ |$ |
|Level C14 |284.80 |40.60 |75.00 |400.40 |10.54 |
|Level C13 |299.50 |42.60 |75.00 |417.10 |10.98 |
|Level C12 |319.20 |45.40 |75.00 |439.60 |11.57 |
|Level C11 |337.40 |48.10 |75.00 |460.50 |12.12 |
|Level C10 |365.20 |52.00 |75.00 |492.20 |12.95 |
|Level C9 |383.50 |54.60 |75.00 |513.10 |13.50 |
|Level C8 |401.70 |57.20 |75.00 |533.90 |14.05 |
|Level C7 |420.00 |59.80 |73.00 |552.80 |14.55 |
|Level C6 |456.50 |65.00 |71.00 |592.50 |15.59 |
|Level C5 |474.80 |67.60 |71.00 |613.40 |16.14 |
|Level C4 |493.00 |70.20 |71.00 |634.20 |16.69 |
|Level C3 |529.50 |75.40 |71.00 |675.90 |17.79 |
|Level C2(a) |547.80 |78.00 |71.00 |696.80 |18.34 |
|Level C2(b) |584.30 |83.20 |69.00 |736.50 |19.38 |
|Level C1(a) |657.40 |93.60 |69.00 |820.00 |21.58 |
|Level C1(b) |766.90 |109.20 |69.00 |945.10 |24.87 |
5.1.1 (d) State Wage Case Adjustments — The rates of pay in this award include the adjustments payable under 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.
5.1.1. (e) Phasing in of Wage Rates of Employees without relevant Work Experience — An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification definition but who is without prior experience in the metal and engineering industry or other relevant work experience shall be paid in accordance with the following formula:
Qualification Years of Relevant % of Relevant Work
Experience Rate of Pay
Advanced Certificate 0 77% of C5 Rate
or National Diploma 1 85% of C5 Rate
2 96% of C5 Rate
3 100% of C5 Rate
Associate Diploma 0 72% of C3 Rate
or National Advanced 1 79% of C3 Rate
Diploma 2 89% of C3 Rate
3 93% of C3 Rate
4 100% of C3 Rate
5.1.1 (f) For the purposes of this clause, any entitlement to wages expressed to be by the week shall mean any entitlement which an employee would receive for performing 38 hours of work.
5.1.2 Classification Definitions — The definitions of the classifications for each of the wage levels referred to in 5.1.1(c) are set out in Schedule A.
5.1.3 Procedure For Classifying Employees —
5.1.3 (a) The procedures for reclassifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide distributed by the Manufacturing, Engineering and Related Services Industry Training Advisory Body.
5.1.3 (b) Without detracting from any of the processes set out in 5.1.3(e), any disputes in relation to classification or reclassification, including disputes relating to the terms of the National Metal and Engineering Competency Standards Implementation Guide, shall be handled in accordance with the Dispute Resolution Procedure in clause 3.2 of this award.
5.1.3 (c) (i) It shall be a term of the award that where there is agreement to implement the standards at the enterprise, or in the event that the classification of an employee is called into question, the issue shall be settled by the application of competency standards in accordance with this clause and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in paragraphs (ii) (iii) and (iv) below.
(ii) Where the employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and he/she is exercising or will be required to exercise the skills and knowledge gained from that qualification necessary for that level of work the employee shall be classified appropriately. It is up to the employer to demonstrate reasons for a qualification that is a recognised minimum training requirement not being regarded as relevant for an employee's work. Any disputes which cannot be resolved at the enterprise level over the application of this clause in the first instance are to be referred to the Committee prescribed in 5.1.3(e)(i) of this award.
(iii) Where skill standards have not been finalised in respect of any class of work, and this is necessary for determining an employee's classification, employees performing such work shall not be reclassified until such standards are available except as provided for in paragraphs (ii) and (iv) of this subclause.
(iv) Where the situation described in paragraph (iii) above applies, but not under any other circumstances, an employee may be reclassified on the basis that the employee meets the requirements of the classification definitions prescribed in Schedule A of this Award.
(v) All employees engaged under the award at the relevant classification levels shall be subject to the metal and engineering competency standards.
5.1.3 (d) Other provisions to be followed where competency standards are being implemented in an enterprise:
(i) Management and employee representatives responsible for oversighting the implementation of competency standards within enterprises shall be given access to briefing and/or training courses on the standards prior to implementation.
(ii) Such briefings/training courses on the metal and engineering competency standards and Implementation Guide should be approved by the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERISTAB). These briefings/training courses can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a MERSITAB recognised provider with the approval of the relevant parties at the enterprise level. The above does not exclude the delivery of additional training or advice by the parties or the MERSITAB to enterprises.
5.1.3 (e) Facilitation of Implementation —
(i) A Committee to facilitate the implementation of standards, chaired by an independent agreed chairperson and consisting of the relevant employer and union parties to the award shall meet as required to monitor the implementation of standards until 30 June 2001. The Executive Officer of the Manufacturing, Engineering and Related Services Industry Training Advisory Body shall also be a member of the Committee. The need for the Committee shall be reviewed before 30 June 2001. The Committee will be responsible for: monitoring implementation; dealing with any major implementation problems including the application of points; refinement of the standards in respect of their use within the award; any variation to, or dispute over, the National Metal and Engineering Competency Standards Implementation Guide in the light of experience during the implementation process; and co-ordinating any further advice to enterprises.
In dealing with any major problems the Committee may:
• request national officials of the relevant industry parties to meet immediately to attempt to resolve the concerns;
• make arrangements for an assessment and report by experts representing the relevant industry parties. The Committee would then consider the report of the experts and agree on a course of action to resolve the concerns;
• recommend that implementation be suspended in an enterprise or enterprises whilst the Committee deals with the issues of concern.
(ii) Where necessary an application may be made to the Industrial Committee as set out in subclause 5.1.3(g) for the purpose of resolving any disputes or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.
(iii) During the period of operation of the Committee established under subparagraph 5.1.3(e)(i), if any problem arises in relation to implementation of the standards at the enterprise level which cannot be resolved by the parties at that level then it shall be referred to that Committee. If resolution is not achieved, the matter will be referred to the Industrial Committee as set out in subparagraph 5.1.3(e)(ii).
Notwithstanding the above, the rights of any party to pursue whatever other course of action is available under the Industrial Relations Act 1996 remains available.
5.1.3 (f) Points — The points to be assigned to the classification levels under the award shall be:
Award Classification Level Recommended Points
C14 -
C13 -
C12 ... 32
C11 ... 64
C10 ... 96
C9 ... 12 additional points above C10
C8 ... 24 additional points above C10
C7 ... 36 additional points above C10
C6 ... 48 additional points above C10
C5 ... 60 additional points above C10
C4 ... Standards and points to be finalised
C3 ... Standards and points to be finalised
C2a ... Standards and points to be finalised
C2b ... Standards and points to be finalised
C1a ... Standards and points to be finalised
C1b ... Standards and points to be finalised
and in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide.
5.1.3 (g) Industrial Committee — Competency Standards Implementation — Notwithstanding the provisions of this clause, an application may be made to the Industrial Committee for the purpose of resolving any dispute or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.
5.1.4 Mixed Functions — An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.
5.2 Training
5.2.1 Following proper consultation in accordance with clause 3.1, which may include the establishment of a training committee, an employer shall develop a training program consistent with:
• the current and future skill needs of the enterprise;
• the size, structure and nature of the operations of the enterprise;
• the need to develop vocational skills relevant to the enterprise and the industry through courses conducted by accredited institutions and providers.
5.2.2 Where it is agreed that a training committee be established it shall include employer and employee representatives. The role of the training committee shall be clearly set out and shall include:
• formulating a training program including available training courses and career opportunities;
• recommending individual employees for training and reclassification; and
• monitoring and advising management and employees regarding the on-going effectiveness of the training.
5.2.3 (a) Where as a result of the consultation referred to at subclause 5.2.1, including with the employee concerned, it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave. This shall not prevent the employer and employee(s) agreeing to paid leave for other relevant training.
5.2.3 (b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.
5.2.3 (c) Travel costs incurred by an employee undertaking training in accordance with this subclause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.
5.3 Apprentice Rates of Pay
5.3.1 Except as provided for in Clause 5.4 (adult apprentices) the minimum weekly wage for apprentices shall be based on the following. The minimum weekly wage for apprentices before the commencement of this award was based on the following percentages of the base rate plus state wage case adjustments for Wage Group C10. At the commencement of this award, the supplementary payment for Wage Group C10 of $52.00 will be added to the said rate for the purposes of determining weekly wages for apprentices. This addition will be phased in on the following basis:
(a) At the commencement of this award:
|Column 1 |Column 2 |Column 3 |Column 4 |Column 5 |
| | |Base rate of C10 | | |
|4-year term |Percentage of Column|plus SWC adjustments |Total rate | |
|apprenticeship |3 |plus $26.00 |per week |Hourly Rate |
| |% |$ |$ |$ |
|First year |42 |466.20 |195.80 |5.15 |
|Second year |55 |466.20 |256.40 |6.75 |
|Third year |75 |466.20 |349.65 |9.20 |
|Fourth year |88 |466.20 |410.25 |10.80 |
(b) Six months after the commencement of this award:
|Column 1 |Column 2 |Column 3 |Column 4 |Column 5 |
| | | | | |
|4-year term | |Base rate of C10 | | |
|apprenticeship |Percentage of |plus SWC adjustments |Total rate |Hourly |
| |Column 3 |plus $39.00 |per week |Rate |
| |% |$ |$ |$ |
|First year |42 |479.20 |201.25 |5.30 |
|Second year |55 |479.20 |263.60 |6.95 |
|Third year |75 |479.20 |359.40 |9.50 |
|Fourth year |88 |479.20 |421.70 |11.10 |
(c) Twelve months after the commencement of this award and thereafter, apprentice weekly rates will be based on the appropriate percentage of the total weekly rate for Wage Group C10.
|Column 1 |Column 2 |Column 3 |Column 4 |Column 5 |
| |Percentage of |Base rate of C10 | | |
|4-year term |Column 3 |plus SWC adjustments |Total rate | |
|apprenticeship |% |plus $52.00 |per week |Hourly Rate |
| | |$ |$ |$ |
|First year |42 | | | |
|Second year |55 | | | |
|Third year |75 | | | |
|Fourth year |88 | | | |
5.3.2 See 5.1.1(d) for the criteria regarding absorption of safety net adjustments.
5.3.3 An employee who is under 21 years of age on the expiration of his or her apprenticeship and thereafter works as a minor in the occupation to which he or she has been apprenticed shall be paid at not less than the adult rate prescribed for the classification.
5.4 Adult Apprentices
5.4.1 Where a person was employed by an employer under this award immediately prior to becoming an adult apprentice (as defined) with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.
5.4.2 For the purpose only of fixing a rate of pay the adult apprentice (as defined) shall continue to receive the rate of pay that applies to the classification or class of work specified in clause 5.1 in which the adult apprentice (as defined) was engaged immediately prior to entering into the contract of indenture.
5.4.3 Subject to subclauses 5.4.1 and 5.4.2, the minimum rate of pay of an adult apprentice (as defined) shall be the following:
|Year of |Total weekly |
|Apprenticeship |rate |
| |$ |
|First |323.00 |
|Second |400.40 |
|Third |417.10 |
|Fourth |439.60 |
5.4.4 The rates prescribed in the table in 5.4.3 are based on the following Metal, Engineering and Associated Industries (State) Award classifications except where indicated:
Year of Apprenticeship Award Reference
1 Metal Trades (Training Wage) (State) Award
Traineeship Skill Level “B” exit rate
2 C14
3 C13
4 C12
5.5 Unapprenticed Junior Rates of Pay
The minimum weekly wage for unapprenticed juniors before the commencement of this award was based on the relevant percentages of the base rate plus state wage case adjustments for Wage Group C13. At the commencement of this award, the supplementary payment for Wage Group C13 of $42.60 will be added to the said rate for the purposes of determining weekly wages for unapprenticed juniors. This addition will be phased in on the following basis:
5.5.1 (a) Unapprenticed Juniors —
(i) The minimum weekly wage rates for unapprenticed juniors at the commencement of this award shall be:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
|Years of Age | |plus SWC adjustments |Total rate |
| |Percentage of Column 3 |plus $21.30 |per week |
| |% |$ |$ |
|Under 16 years of age |36.8 |395.80 |145.65 |
|At 16 years of age |47.3 |395.80 |187.20 |
|At 17 years of age |57.8 |395.80 |228.80 |
|At 18 years of age |68.3 |395.80 |270.30 |
|At 19 years of age |82.5 |395.80 |326.55 |
|At 20 years of age |97.7 |395.80 |386.70 |
(ii) The minimum weekly wage rates for unapprenticed juniors six months after the commencement of this award shall be:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
|Years of Age |Percentage of Column 3 |plus SWC adjustments | |
| |% |plus $31.95 |Total rate per week |
| | |$ |$ |
|Under 16 years of age |36.8 |406.45 |149.60 |
|At 16 years of age |47.3 |406.45 |192.25 |
|At 17 years of age |57.8 |406.45 |234.90 |
|At 18 years of age |68.3 |406.45 |277.60 |
|At 19 years of age |82.5 |406.45 |335.30 |
|At 20 years of age |97.7 |406.45 |397.10 |
(iii) The minimum weekly rates for unapprenticed juniors twelve months after the commencement and thereafter shall be based on the appropriate percentages of the total weekly rate for Wage Group C13 and shall be as follows:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
|Years of Age |Percentage of Column 3 |plus SWC adjustments |Total rate per week |
| |% |plus $42.60 | |
| | |$ |$ |
|Under 16 years of age |36.8 | | |
|At 16 years of age |47.3 | | |
|At 17 years of age |57.8 | | |
|At 18 years of age |68.3 | | |
|At 19 years of age |82.5 | | |
|At 20 years of age |97.7 | | |
A junior employee of 18 years of age or more shall be paid 32 cents per week in addition to the rates prescribed herein whilst they are employed as a furnace person or assistant to a furnace person.
5.5.1 (b) Unapprenticed Juniors (Foundries) —
(i) The minimum weekly wage rates for unapprenticed juniors (foundries) at the commencement of this award shall be:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
| | |plus SWC adjustments | |
|Years of Age |Percentage of Column 3 |plus $21.30 |Total rate per week |
| |% |$ |$ |
|Under 16 years of age |36.8 |395.70 |145.65 |
|At 16 years of age |47.3 |395.70 |187.20 |
|At 17 years of age |68.3 |395.70 |270.30 |
|At 18 years of age |83.0 |395.70 |328.50 |
|At 19 years of age |98.8 |395.70 |391.00 |
(ii) The minimum weekly wage rates for unapprenticed juniors (foundries) six months after the commencement of this award shall be:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
|Years of Age |Percentage of Column 3% |plus SWC adjustments | |
| | |plus $31.95 |Total rate per week |
| | |$ |$ |
|Under 16 years of age |36.8 |406.40 |149.55 |
|At 16 years of age |47.3 |406.40 |192.25 |
|At 17 years of age |68.3 |406.40 |277.60 |
|At 18 years of age |83.0 |406.40 |337.30 |
|At 19 years of age |98.8 |406.40 |401.50 |
(iii) The minimum weekly rates for unapprenticed juniors (foundries) twelve months after the commencement and thereafter shall be based on the appropriate percentages of the total weekly rate for Wage Group C13 and shall be as follows:
|Column 1 |Column 2 |Column 3 |Column 4 |
| | |Base rate of C13 | |
| |Percentage of Column 3% |plus SWC adjustments | |
|Years of Age | |plus $42.60 |Total rate per week |
| | |$ |$ |
|Under 16 years of age |36.8 | | |
|At 16 years of age |47.3 | | |
|At 17 years of age |68.3 | | |
|At 18 years of age |83.0 | | |
|At 19 years of age |98.8 | | |
5.6 Trainee Rates of Pay
Refer to the Metal Trades (Training Wage) (State) Award (286 I.G. 154), as varied, for rates of pay and conditions of employment for trainees.
5.7 Payment by Results
An employer may remunerate any employees under any system of payment by results based on rates which will enable employees of average capacity to earn at least the award rate for the relevant classification provided that they shall not earn less than the rate of pay applicable to classification level C14.
5.8 Supported Wage System for People with Disabilities
5.8.1 Workers Eligible for a Supported Wage — This clause defines the conditions that 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:
5.8.1 (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".
5.8.1 (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.
5.8.1 (iii) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, or any successor to that scheme.
5.8.1 (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.
5.8.2 Eligibility Criteria — 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 test for a Disability Support Pension.
This clause does not apply to any existing employee who has a claim against the employer that is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitating of employees who are injured in the course of their employment.
This clause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of, or are eligible for, a Disability Support Pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part only has received recognition, that part.
5.8.3 Supported Wage Rates — Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work that the person is performing, according to the following schedule:
Assessed Capacity % of prescribed
(subclause (d)) award rate
10%* 10
20% 20
30% 30
40% 40
50% 50
60% 60
70% 70
80% 80
90% 90
(Provided that the minimum amount payable shall be not less than $45.00 per week).
*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.
5.8.4 Assessment of Capacity — 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:
5.8.4 (i) the employer and a union party to the award, in consultation with the employee or, if desired, by any of these;
5.8.4 (ii) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
5.8.5 Lodgement of Assessment Instrument —
5.8.5 (i) All assessment instruments under the conditions 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 Australian Industrial Relations Commission.
5.8.5 (ii) All assessment instruments shall be agreed and signed by the parties to the assessment; provided that where a union which is a party to the award 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.
5.8.6 Review of Assessment — 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.
5.8.7 Other Terms and Conditions of Employment — Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
5.8.8 Workplace Adjustment — An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
5.8.9 Trial Period —
5.8.9 (i) In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this subclause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
5.8.9 (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.
5.8.9 (iii) The minimum amount payable to the employee during the trial period shall be no less than $45.00 per week.
5.8.9 (iv) Work trials should include induction or training as appropriate to the completion of the trial period; a further contract of employment shall be entered into based on the outcome of assessment under subclause 5.8.4 above.
5.9 Allowances and Special Rates
5.9.1 All-purpose Allowances — The following allowances shall apply for all purposes of the award.
5.9.1 (a) Leading Hands — Leading hands in charge of three or more people shall receive the relevant amount as set out in Item 1 of 5.9.1(f).
5.9.1 (b) Ship Repairing — Employees engaged on ship repairs shall be paid the additional amounts as set out in Item 2 of 5.9.1(f).
5.9.1 (c) Multi-Storey Building — An employee, other than an apprentice or a junior, engaged on new construction work in a multi-storey building (as defined) shall be paid an amount set out in Item 3 of 5.9.1(f). Where such work is performed for part of a day or shift the provisions of subclause 5.1.4 - Mixed Functions, shall apply.
The provisions of 5.9.3(h) — Height Money and of 5.9.3(e) - Wet Places, shall not apply to employees paid the multi-storey building allowance.
Apprentices shall receive a proportion of this allowance in accordance with the appropriate percentage ratio set out in subclause 5.3.1.
5.9.1 (d) Tool Allowance — Tradespersons and Apprentices —
(i) Except as provided elsewhere in this sub-paragraph tradespersons shall be paid an allowance set out in Item 4 of 5.9.1(f) for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons.
(ii) This allowance shall apply to apprentices on the same percentage basis as set out in subclause 5.3.1 of this award.
(iii) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools, precision measuring instruments and, for sheet metal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.
(iv) Tradespersons or apprentices shall replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.
5.9.1 (e) Trainer/Supervisor/Co-ordinator — Technical — A Trainer/Supervisor/Co-ordinator — Technical is an employee who is responsible primarily for the exercise of skills in technical fields as defined, up to the level of his/her skill and competence and who is additionally involved in the supervision/training of other technical employees. Such an employee shall receive not less than 107% of the rate of pay applicable to the employee's technical classification.
5.9.1 (f) All Purpose Allowances —
|Item |Clause |Brief Description |Amount per week |
|No. |No. | |$ |
|1 |5.9.1(a) |Leading Hands — | |
| | |In charge of: | |
| | |3-10 employees |21.35 |
| | |11-20 employees |32.15 |
| | |more than 20 employees |40.95 |
|2 |5.9.1(b) |Ship Repairing | |
| | |Tradespersons |9.80 |
| | |All other employees |7.95 |
|3 |5.9.1(c) |Multi-Storey Building |15.45 |
|4 |5.9.1(d) |Tool Allowance |10.50 |
5.9.2 Other Allowances —
5.9.2 (a) Motor Allowance — Where an employee reaches agreement with their employer to use their own motor vehicle on the employer's business, such employee shall be paid an allowance as set out in Item 1 of 5.9.2(g).
5.9.2 (b) First Aid Allowance — An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John's Ambulance or similar body shall be paid a weekly allowance as set out in Item 2 of 5.9.2(g), if appointed by their employer to perform first aid duty.
5.9.2 (c) Meal Allowance — Refer to subclause 6.4.11, and Item 3 of 5.9.2(g).
5.9.2 (d) Compensation for Damage to Clothing, Spectacles, Hearing Aids and Tools — Compensation must be made to the extent of the damage sustained where, in the course of the work, clothing, spectacles, hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer's liability in respect of tools is limited to the tools of trade that are ordinarily required for the performance of the employee's duties. Compensation is not payable if an employee is entitled to workers' compensation in respect of the damage.
5.9.2 (e) Case Hardened Prescription Lenses — An employer who requires an employee to have their prescription lenses case hardened shall pay for the cost of such case hardening.
5.9.2 (f) Protective Clothing and Equipment Allowance — Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in the State, the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.
5.9.2 (g) Other Allowances —
|Item |Clause |Brief Description |Amount |
|No. |No. | |$ |
|1 |5.9.2(a) |Motor Allowance |52 cents per kilometre travelled |
|2 |5.9.2(b) |First Aid Allowance |9.84 per week |
|3 |5.9.2(c) | | |
| |5.9.4(b)(iv), |Meal Allowance |7.60 |
| |6.4.11 | | |
5.9.3 Special Rates — Subject to subclauses 5.9.3(a) and (b), the following special rates shall be paid to employees including apprentices and juniors.
5.9.3 (a) Special Rates Not Cumulative — Where more than one of the disabilities set out in subclause 5.9.3 entitles an employee to extra rates, the employer shall be bound to pay only one rate, namely the highest rate for the applicable disabilities.
This does not apply in relation to cold places, hot places, wet places, confined spaces, dirty work or height money, the rates for which are cumulative.
5.9.3 (b) Special Rates are not Subject to Penalty Additions — The special rates in subclause 5.9.3 shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty additions.
5.9.3 (c) Cold Places — An employee who works for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius is entitled to an amount as set out in Item 1 of 5.9.3(t). Where the work continues for more than two hours an employee is entitled to a rest period of 20 minutes every two hours without loss of pay.
5.9.3 (d) Hot Places — An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means to:
between 46 and 54 Celsius refer to Item 2 (i) of 5.9.3(t)
in excess of 54 Celsius refer to Item 2 (ii) of 5.9.3(t)
Where work continues for more than two hours in temperatures exceeding 54 Celsius, employees shall be entitled to 20 minutes rest after every two hours work without deduction of pay. The temperature shall be determined by the supervisor after consultation with the employees who claim the extra rate.
5.9.3 (e) Wet Places — An employee working in any place where their clothing or boots become saturated by water, oil or another substance, shall be paid an extra amount set out in Item 3 of 5.9.3(t). Any employee who becomes entitled to this extra rate shall be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.
This extra rate is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.
5.9.3 (f) Confined Spaces — An employee working in a confined space (as defined) is entitled to an amount as set out in Item 4 of 5.9.3(t) per hour extra.
5.9.3 (g) Dirty Work — Where an employee and their supervisor agree that work (other than ship repair work) is of an unusually dirty or offensive nature, refer to Item 5 (i) of 5.9.3(t).
Where an employee and their supervisor agree that certain ship repair work is of an unusually dirty or offensive nature, refer to Item 5 (ii) of 5.9.3(t).
5.9.3 (h) Height Money — Employees other than linespersons, linesperson's assistants, riggers and splicers engaged in the construction, erection, repair and/or maintenance as the case may be, of ships, steel frame buildings, bridges, gasometers or other structures at a height in each case of 15 metres or more directly above the nearest horizontal plane shall be entitled to an extra amount set in Item 6 of 5.9.3(t).
5.9.3 (i) Meat Digesters and Oil Tanks — An employee working on repairs in oil tanks or meat digesters is entitled an extra amount set in Item 7 of 5.9.3(t). Employees engaged on such work for more than half of a day or shift are entitled to the special rate for the whole day or shift.
5.9.3 (j) Sanitary Works — An employee working in a Sanitary Works is entitled to an amount as set out in Item 8 of 5.9.3(t) per hour extra.
5.9.3 (k) Insulation Materials — Employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall when so employed on ship construction or ship repairing or on the construction, repair or demolition of furnaces, walls, floors and/or ceilings be paid an extra amount set in Item 9 of 5.9.3(t).
5.9.3 (l) Slaughtering Yards — An employee working in slaughtering yards is entitled to an amount as set out in Item 10 of 5.9.3(t) per hour extra.
5.9.3 (m) Boiler Repairs — An employee working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers, is entitled to an amount as set in Item 11 (i) of 5.9.3(t).
An employee engaged on repairs to oil fired boilers, including the castings, uptakes and funnels, or flues and smoke stacks is entitled to an amount as set in Item 11 (ii) of 5.9.3(t) while working inside such a boiler.
5.9.3 (n) Explosive Powered Tools — An employee required to use explosive powered tools shall be paid a minimum payment set out in Item 12 of 5.9.3(t). Where an hourly rate is required, it shall be calculated by dividing the rate by 7.6.
5.9.3 (o) Ships in Dock — An employee working under a ship in dock or slipway shall be paid an amount set out in Item 13 of 5.9.3(t) extra where working on the removal and/or bolting up of plates or in burning- off on those portions of a ship where the height from the dock or shipway floor to the hull of the ship is less than 1.4 metres.
5.9.3 (p) Foundry Allowance —
(i) An employee working in a foundry is entitled to a foundry allowance set out in Item 14 of 5.9.3(t) for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.
(ii) The foundry allowance is payable in lieu of any payment otherwise due under this clause.
(iii) For the purpose of this allowance, foundry work shall mean:
(1) any operation in the production of castings by casting metal in mould made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shall moulding, centrifugal casting or continuous casting; and
(2) where carried on as an incidental process in connection with and in the course of production to which paragraph (1) of this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations: but shall not include any operations performed in connection with:
Non-ferrous die casting (including gravity and pressure);
Casting of billets and/or ingots in metal moulds;
Continuous casting of metal into billets;
Melting of metal for use in printing;
Refining of metal.
(iv) Employees shall not be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out, with the exception of any work carried out within the eight hour period immediately following the cessation of foundry production.
5.9.3 (q) Boiling Down Works — An employee working in boiling down works is entitled to an amount as set out in Item 15 of 5.9.3(t) per hour extra.
5.9.3 (r) Lead Works — An employee working in lead works is entitled to an amount as set out in Item 16 of 5.9.3(t) per hour extra.
5.9.3 (s) Special Rates —
|Item |Clause |Brief Description |Amount |
|No. |No. | |$ |
|1 |5.9.3(c) |Cold Places |37 cents per hour extra |
|2 |5.9.3(d) |Hot Places | |
|(i) | |Between 46 and 54 Celsius |37 cents per hour extra |
|(ii) | |In excess of 54 Celsius |47 cents per hour extra |
|3 |5.9.3(e) |Wet Places |37 cents per hour extra |
|4 |5.9.3(f) |Confined Spaces |47 cents per hour extra |
|5 |5.9.3(g) |Dirty Work | |
|(i) | |Ship repair work |47 cents per hour extra |
|(ii) | |All other work |37 cents per hour extra |
|6 |5.9.3(h) |Height Money |27 cents per hour extra |
|7 |5.9.3(i) |Meat Digesters and Oil Tanks |37 cents per hour extra |
|8 |5.9.3(j) |Sanitary Works |27 cents per hour extra |
|9 |5.9.3(k) |Insulation Materials |47 cents per hour extra |
|10 |5.9.3(l) |Slaughtering Yards |27 cents per hour extra |
|11 |5.9.3(m) |Boiler Repairs | |
|(i) | |Smoke boxes, fire boxes, furnaces or flues of boilers | |
| | | |27 cents per hour extra |
| | |Oil fired boilers including the castings, uptakes and funnels, or | |
|(ii) | |flues and smoke stacks | |
| | | |94 cents per hour extra |
|12 |5.9.3(n) |Explosive Power Tools |94 cents per day |
|13 |5.9.3(o) |Ships in Dock |27 cents per hour extra |
|14 |5.9.3(p) |Foundry Allowance |28 cents per hour worked |
|15 |5.9.3(q) |Boiling Down works |27 cents per hour |
|16 |5.9.3(s) |Lead Works |27 cents per hour |
5.9.4 Transfers, Travelling and Working Away From Usual Place of Work —
Summary
These paragraphs deal with an employee's entitlements to payment whilst travelling or where they are required to relocate.
5.9.4 (a) Transfer Involving Change of Residence — An employee:
• Engaged in one locality to work in another; or
• Sent other than at his or her own request, from his or her usual locality to another for employment that can reasonably be regarded as permanent;
involving a change of residence will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding six months. Provided that such expenses will cease after he or she has taken up permanent resident or abode at the new location.
5.9.4 (b) Travelling, Transport and Fares —
(i) Excess Travelling and Fares — An employee who on any day or from day to day is required to work at a job away from his or her accustomed workshop or depot will, at the direction of the employer, present himself or herself 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 his or her home to such workshop or depot and returning) he or she will be paid travelling time, and also any fares reasonably incurred in excess of those normally incurred in travelling between his or her home and such workshop or depot.
An employee who with the approval of the employer uses his or her own means of transport for travelling to or from outside jobs will be paid the amount of excess fares which he or she would have incurred in using public transport unless he or she has an arrangement with his or her employer for a regular allowance.
(ii) Distant Work — An employee sent from his or her usual locality to another (in circumstances other than those prescribed in 5.9.4(a) hereof) and required to remain away from his or her usual place of abode will be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from his or her usual locality.
(iii) Payment for Travelling —
(1) The rate of pay for travelling time is ordinary rates, except on Sundays and holidays when it will be time and a half.
(2) The maximum travelling time to be paid for is 12 hours out of every 24 hours, or when a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.
(iv) Expenses — "Expenses" for the purpose of this clause means:
(1) All fares reasonably incurred. The fares allowed are to be for rail travel, second class except where all-night travelling is involved when they are to be first class, with sleeping berth where available.
(2) Reasonable expenses incurred whilst travelling including an amount set out in Item 3 of 5.9.2(g) for each meal taken.
(3) A reasonable allowance to cover the cost incurred for board and lodging.
(v) Engagement of Labour Away From Workshops — An employer is to be free to engage labour on the site of a job carried on away from the workshop, without payment for any travelling time or fares, unless such employee is sent from the workshop.
Provided that if an employee engaged for the erection of a job had previously been engaged by the same employer in the fabrication of the job in a workshop he or she is to be paid fares in excess of those incurred in travelling to and from the workshop.
5.10 Extra Rates not Cumulative
Extra rates in this Award, except rates prescribed in 5.9.3 (Special Rates) and rates for work on public holidays, are not cumulative so as to exceed the maximum of double the ordinary rates.
5.11 Payment of Wages
Summary
This clause provides for the pay period and method of payment of wages.
5.11.1 Period of Payment —
5.11.1 (a) Wages shall be paid weekly or fortnightly, either:
(i) according to the actual ordinary hours worked each week or fortnight; or
(ii) according to the average number of ordinary hours worked each week or fortnight.
5.11.1 (b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.
5.11.2 Method of Payment — Wages shall either be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.
In the case of employees paid by cheque, if the employee requires it, the employer shall have a facility available during ordinary hours for the encashment of the cheque.
5.11.3 Payment of Wages on Termination of Employment — On termination of employment, wages due to an employee shall be paid on the day of termination or forwarded to the employee by post on the next working day.
5.11.4 Day Off coinciding with Pay Day — Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
5.11.5 Wages to be Paid During Working Hours —
5.11.5 (a) Where an employee is paid wages by cash or cheque such wages shall be paid during ordinary working hours.
5.11.5 (b) If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, they shall be paid at overtime rates for the period they are kept waiting.
5.11.6 Absences from Duty Under an Averaging System — Where an employee's ordinary hours in a week are greater or less than 38 hours and such employee's pay is averaged to avoid fluctuating wage payments, the following shall apply:
5.11.6 (a) The employee will accrue a "credit" for each day he or she works ordinary hours in excess of the daily average.
5.11.6 (b) The employee will not accrue a "credit" for each day of absence from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave or jury service).
5.11.6 (c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave or jury service shall accrue a proportion of the "credit" for the day, based upon the proportion of the working day that the employee was in attendance.
PART 6 — HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1 Ordinary Hours of Work
Summary
This clause describes the ordinary hours of work and how they are to be arranged for day workers, continuous shift workers and non-continuous shift workers.
The ordinary hours of work for all three categories is 38 per week to be averaged over the period of the work cycle that applies in the particular enterprise.
There is provision for the employer, by agreement with employees, to arrange working hours to achieve maximum flexibility in order to suit the needs of both the enterprise and the employees.
6.1.1 Ordinary Hours of Work — Day Workers —
6.1.1 (a) Subject to subclause 6.1.4, the ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days.
6.1.1 (b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.
6.1.1 (c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.
6.1.1 (d) Any work performed outside the spread of hours is to be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.
6.1.1 (e) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Friday and midnight on Saturday shall be time and a half.
6.1.1 (f) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday shall be double time
6.1.2 Ordinary Hours of Work — Continuous Shift Workers —
6.1.2 (a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
6.1.2 (b) Subject to 6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shift workers are entitled to a 20 minute meal break on each shift which shall be counted as time worked.
6.1.2 (c) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period that exceeds 28 consecutive days but does not exceed 12 months.
6.1.2 (d) Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.
6.1.3 Ordinary Hours of Work — Non-Continuous Shift Workers —
6.1.3 (a) Subject to 6.1.3(b), the ordinary hours of work for non-continuous shift workers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.
6.1.3 (b) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period, which exceeds 28 consecutive days but does not exceed 12 months.
6.1.3 (c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.
6.1.3 (d) Except at change-over of shifts an employee will not be required to work more than one shift in each 24 hours.
6.1.4 Methods of Arranging Ordinary Working Hours —
6.1.4 (a) Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in 6.1.1(c) and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.
6.1.4 (b) Matters upon which agreement may be reached include:
(i) how the hours are to averaged within a work cycle established in accordance with 6.1.2 and 6.1.3;
(ii) the duration of the work cycle for day workers provided that such duration shall not exceed 3 months;
(iii) rosters which specify the starting and finishing times of working hours;
(iv) a period of notice of a rostered day off which is less than four weeks;
(v) substitution of rostered days off;
(vi) accumulation of rostered days off;
(vii) arrangements which allow for flexibility in relation to the taking of rostered days off;
(viii) any arrangements of ordinary hours which exceed 8 hours in any day.
6.1.4 (c) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) Proper health monitoring procedures being introduced;
(ii) Suitable roster arrangements being made;
(iii) Proper supervision being provided;
(iv) Adequate breaks being provided;
(v) An adequate trial or review process being implemented through the consultative process in clause 3.1.
6.1.4 (d) (i) Where an employee works on a shift other than a rostered shift (as defined), he/she shall:
(1) if employed on continuous work, be paid at the rate of double time; or
(2) if employed on other shiftwork, at the rate of time and one-half for the first three hours and double time thereafter.
(ii) The provision of 6.1.4(d)(i) do not apply when the time is worked:
(1) by arrangement between the employees themselves;
(2) for the purposes of effecting the customary rotation of shifts; or
(3) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for the day in accordance with clause 4.6.
6.1.5 Daylight Saving — Where by reason of legislation, summer time is prescribed as being in advance of the standard time in the State the length of any shift:
Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and
Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.
In this subclause the expressions “standard time” and “summer time” shall bear the same meaning as are prescribed by the relevant legislation.
6.1.6 Make Up Time —
6.1.6 (a) An employee may elect, with the consent of the employer, to work “make up time” under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
6.1.6 (b) An employee on shift work may elect, with the consent of their employer, to work “make up time” under which the employee takes time off during 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.
6.2 Special Provisions for Shiftworkers
Summary
This clause defines afternoon and night shift and prescribes the allowances for such shifts as well as the loadings payable for Saturday, Sunday and Public Holidays Shifts.
6.2.1 Definitions —
For the purposes of this award:
"Rostered Shift" means any shift of which the employee concerned has had at least 48 hours notice.
"Afternoon Shift" means any shift finishing after 6.00 pm and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 am.
By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.
6.2.2 Afternoon and Night Shift Allowances —
6.2.2 (a) An employee whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his or her ordinary rate.
6.2.2 (b) An employee who works on an afternoon or night shift which does not continue:
(i) for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop (where no more than eight ordinary hours are worked on each shift); or
(ii) for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift and the shift arrangement is in accordance with subclauses 6.1.2 or 6.1.3);
shall be paid for each shift 50 percent for the first three hours and 100 percent for the remaining hours, in addition to his or her ordinary rate.
6.2.2 (c) An employee who:
(i) During a period of engagement on shift, works night shift only; or
(ii) Remains on night shift for a longer period than four consecutive weeks; or
(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle;
shall, during such engagement, period or cycle, be paid 30 per cent more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.
6.2.3 Rate for Working on Saturday Shifts — The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. This extra rate is in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.
6.2.4 Rate for Working on Sunday and Public Holiday Shifts —
6.2.4 (a) The rate at which continuous shift workers are to be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday, is double time.
6.2.4 (b) The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:
(i) Sundays — at the rate of double time.
(ii) Public Holidays — at the rate of double time and a half.
6.2.4 (c) Where shifts commence between 11.00pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.
6.2.4 (d) Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday shall be regarded as the holiday shift.
By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the holiday shift in lieu of the above.
6.2.4 (e) The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.
6.3 Meal Breaks
Summary
This clause deals with the taking of meal breaks during ordinary working hours and covers when the meal break is to be taken, alterations to the time the break may be taken and payment for working during the meal break.
6.3.1 An employee shall not be required to work for more than five hours without a break for a meal except in the following circumstances:
6.3.1 (a) In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee will not be required to work for more than six hours without a break for a meal break.
6.3.1 (b) By agreement between an employer and an employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.
6.3.2 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.
6.3.3 An employer may stagger the time of taking a meal and rest breaks to meet operational requirements.
6.3.4 Subject to 6.3.1, an employee shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while the plant is idle.
6.3.5 Except as provided in this subclause, and except where any alternative arrangement is entered into by agreement between the employer and employees concerned, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.
6.4 Overtime
Summary
Overtime is payable for work done outside the ordinary hours of work. Generally speaking, the overtime rate is time and a half for the first three hours and double time thereafter. Continuous shift workers are entitled to double time for all overtime.
Employees are required to work a reasonable amount of overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday and Public Holidays.
Employees are required to have a rest period normally between work on successive days.
Provision is made for employees being called back after leaving the premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this clause.
6.4.1 Payment for Working Overtime —
6.4.1 (a) Except as provided for in 6.4.1(d), 6.4.1(e), 6.4.8 and 6.4.9, for all work done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first three hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.
6.4.1 (b) For the purposes of this clause “ordinary hours” means the hours worked in an enterprise, fixed in accordance with clause 6.1 of this award.
6.4.1 (c) The hourly rate, when computing overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.
6.4.1 (d) (i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(ii) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(iii) 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 (i) of this subclause where such time has not been taken within four weeks of accrual.
6.4.1 (e) When not less than 7 hours 36 minutes notice has been given to the employer by a relief shiftworker that he or she will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on his or her rostered day off the unrelieved employee shall be paid double time.
6.4.1 (f) In computing overtime each day's work shall stand alone.
6.4.2 Requirement to Work Reasonable Overtime — An employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime as required.
6.4.3 One In, All In does not Apply — The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of "one in, all in" overtime must not apply.
6.4.4 Rest Period after Overtime —
6.4.4 (a) When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive working days.
6.4.4 (b) An employee (other than a casual employee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to this subclause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
6.4.4 (c) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at double rates until he or she is released from duty for such period. The employee is then entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
6.4.4 (d) By agreement between the employer and individual employee, the 10 hour break provided for in this clause may be reduced to a period no less than 8 hours.
6.4.4 (e) The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift worker does not report for duty and a day worker or a shift worker is required to replace the shift worker; or
(iii) where a shift is worked by arrangement between the employees themselves.
6.4.5 Call Back — An employee recalled to work overtime after leaving the employer's enterprise (whether notified before or after leaving the enterprise) is to be paid for a minimum of four hours work at the rate of time and one-half for the first three hours and double time thereafter (or double time for the full period for continuous shift workers). There are a number of conditions which apply to this provision:
6.4.5 (a) Where an employee is required to regularly hold himself or herself in readiness for a call back he or she will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 6.4.6 which deals with the conditions for standing by.
6.4.5 (b) If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day he or she shall be entitled to the three or four hour minimum overtime payment provided for in this subclause for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.
6.4.5 (c) Except in the case of unforeseen circumstances arising, an employee will not be required to work the full three or four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.
6.4.5 (d) This subclause does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.
6.4.5 (e) Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 6.4.4, Rest Periods After Overtime, when the actual time worked is less than three hours on the call back or on each call back.
6.4.6 Standing By — Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold himself or herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's ordinary rate of pay for the time he or she is standing by.
6.4.7 Saturday Work — A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the rate of time and one-half for the first three hours and double time thereafter, except where the overtime is continuous with overtime commenced on the previous day.
6.4.8 Sunday Work — Employees required to work overtime on Sundays shall be paid for a minimum of three hours work at double time. The double time is to be paid until the employee is relieved from duty.
6.4.9 Public Holiday Work — Refer to 7.7.2 to determine the pay entitlements of persons who work overtime on a public holiday.
6.4.10 Rest Break —
6.4.10 (a) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.
6.4.10 (b) Where a day worker is required to work overtime on a Saturday, Sunday or Public Holiday or on a rostered day off, the first rest break will be paid at the employee's ordinary rate of pay.
6.4.10 (c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime is entitled to a rest break of 20 minutes to be paid at ordinary rates.
6.4.10 (d) An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this subclause.
6.4.11 Meal Allowance —
6.4.11 (a) An employee is entitled to a meal allowance of an amount as set out in Item 3 of 5.9.2(g) on each occasion that the employee is entitled to a rest break in accordance with subclause 6.4.10, except in the following circumstances:
(i) if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime;
(ii) if the employee is a shift worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;
(iii) if the employee lives in the same locality as the enterprise and could reasonably return home for meals.
6.4.11 (b) If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, he or she shall be paid the prescribed meal allowance for the meal or meals which he or she has provided but which are surplus.
6.4.12 Transport of Employees — When an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance home, or pay him/her their current wage for the time reasonably occupied in reaching home.
PART 7 — TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1 Annual Leave
7.1.1 Period of Leave —
7.1.1 (a) (i) A full time or part time employee under this award is entitled to a period of 28 consecutive days leave, including non-working days, (i.e. 4 weeks) after each 12 months service (less the period of annual leave) with an employer.
(ii) An employer may reach agreement with the majority of employees concerned to convert the entitlements in 7.1.1(a)(i) or 7.1.2 to an hourly entitlement (i.e. 152 hours or 190 hours respectively for a full time employee) for administrative ease.
7.1.1 (b) The annual leave for full time and part time employees accrues at a rate of 2.923 hours for each 38 ordinary hours worked.
7.1.1 (c) This provision does not apply to casual employees.
7.1.2 Additional Leave for Seven Day Shift Workers — In addition to leave provided for in 7.1.1, seven day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, 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 monthly period as a seven day shift worker, that employee is entitled to have the period of leave prescribed in subclause 7.1.1 increased by half a day for each month he or she is continuously engaged as a seven day shift worker.
7.1.3 Payment for Period of Annual Leave — Subject to subclause 7.1.12 employees, before going on leave, are to be paid the wages they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. This amount shall be calculated as follows:
7.1.3 (a) Time Workers — The wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of leave, including allowances, loadings and penalties paid for all purposes of the award, first-aid allowance and any other wages payable under the employee's contract of employment including any overaward payment.
The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
7.1.3 (b) Piece Workers — In the case of an employee employed on piece or bonus work or any other system of payment by results, the rate which is the weekly average of payments made to the employee under such a system for the period actually worked during ordinary hours during the last three monthly period in respect of which such payments have been calculated prior to the time of going on leave or termination of employment as the case may be.
7.1.4 Loading on Annual Leave — During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed by subclause 7.1.3.
The loading shall be as follows:
7.1.4 (a) Day Workers — Employees who would have worked on day work only had they not been on leave — a loading of 17½ per cent or the relevant weekend penalty rates, whichever is greater but not both.
7.1.4 (b) Shift Workers — Employees who would have worked on shift work had they not been on leave - a loading of 17½ per cent or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
The loading prescribed by this subclause does not apply to proportionate leave on termination.
7.1.5 How to Calculate the Leave Entitlement —
7.1.5 (a) Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
• In a 12 month period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. worker's compensation leave, paid sick leave, paid carers leave).
• Long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked.
• Any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.
7.1.5 (b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this award include:
• any absence with reasonable cause, proof of which shall be upon the employee;
• any leave without pay taken with the agreement of the employer;
• parental leave.
7.1.5 (c) Where a business is transmitted from one employer to another, the period of continuous service that the employee had with the transmitter or any prior transmitter shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
7.1.6 Public Holidays Falling in a Period of Leave —
7.1.6 (a) If any public holiday prescribed by clause 7.7 of this award 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 must be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.
7.1.6 (b) Where a holiday or holidays falls in a period of annual leave and the employee, fails, without reasonable cause, to attend for work at the employees 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 the holiday or holidays.
7.1.7 Annual Leave in One or More Separate Periods —
7.1.7 (a) Annual leave is to be given by the employer and taken by the employee in up to four separate periods.
7.1.7 (b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than four separate periods including up to a maximum of 10 single days.
However, one period of annual leave must be of at least seven consecutive days, including non-working days.
7.1.8 Leave Is to be Taken — The annual leave provided by this clause must be taken as leave and except as provided by subclause 7.1.11 and 7.1.12, payment will not be made or accepted in lieu of annual leave.
7.1.9 Time of Taking Leave —
7.1.9 (a) 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 leave accrued.
7.1.9 (b) An employer can require an employee to take annual leave by giving not less than four weeks' notice of the time when such leave is to be taken.
7.1.9 (c) By agreement between an employer and an employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued.
7.1.10 Leave Allowed Before Due Date —
7.1.10 (a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued.
7.1.10 (b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.
7.1.11 Proportionate Leave on Termination — An employee other than a casual who:
7.1.11 (a) After one week's continuous service in the first qualifying 12 monthly period with an employer, lawfully leaves the employment of the employer, or is terminated by the employer through no fault of the employee; or
7.1.11 (b) After 12 month’s continuous service with an employer, leaves the employment of the employer or is terminated by the employer for any reason;
shall be paid 2.923 hours for each 38 ordinary hours worked and in respect of which leave had not been granted under this clause at the appropriate rate of wage calculated in accordance with subclause 7.1.3.
7.1.12 Annual Close Down — Where an employer closes down the enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, the following special provisions shall apply:
7.1.12 (a) The employer may, by giving not less than four weeks notice of intention so to do, stand off for the duration of the close down all employees in the enterprise or part of the enterprise concerned and allow to those who are not then qualified for a full entitlement to annual leave for 12 months continuous service, paid leave on a proportionate basis at the appropriate rate of wage as prescribed in subclauses 7.1.3 and 7.1.4 for 2.923 hours for each 38 ordinary hours worked.
7.1.12 (b) An employee who has then qualified for a full entitlement to annual leave for 12 months continuous service and has also completed a further week or more of continuous service, shall be allowed leave, and shall, also be paid at the appropriate rate of wage as prescribed by subclauses 7.1.3 and 7.1.4 hereof for 2.923 hours for each 38 ordinary hours worked since the close of the employee's last 12 monthly qualifying period.
7.1.12 (c) The next 12 monthly qualifying period for each employee affected by such close down shall commence from the day on which the enterprise or part of the enterprise concerned, is re-opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause is deemed to be time of service in the next 12 monthly qualifying period.
7.1.12 (d) (i) The employer may close down the enterprise or part of the enterprise for one or two separate periods for the purpose of granting annual leave.
(ii) If the employer closes down the enterprise or part of the enterprise in two separate periods one of these periods shall be for a period of at least 14 consecutive days including non-working days.
(iii) The employer and the majority of employees concerned may agree to the annual leave being taken in three close downs provided that one of these periods will be a period of at least 14 days including non-working days.
7.1.12 (e) The employer may close down the enterprise or part of it for a period of at least 14 days including non-working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.
7.2 Long Service Leave
See Long Service Leave Act 1955.
7.3 Sick Leave
7.3.1 Amount of Paid Sick Leave — An employee on weekly hiring who is absent from his/her work on account of personal illness, or on account of injury by accident arising out of and in the course of his/her employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:
7.3.1 (a) An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.
7.3.1 (b) He/she shall, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence inform the employer of his/her inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee shall inform the employer within 24 hours of such absence.
7.3.1 (c) An employee shall prove to the satisfaction of his/her employer that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
7.3.1 (d) First Year of Employment — An employee shall not be entitled during his/her first year of any period of service with an employer to leave in excess of five days of ordinary working time or in cases where he/she normally works more than 8 ordinary hours in any day, he/she shall not be entitled to leave in excess of 40 hours of ordinary working time. Provided further that during the first five months of the first year of a period of service with an employer he/she shall be entitled to sick leave which shall accrue on a pro rata basis of one day of ordinary working time for each month of service completed with that employer to a maximum of 40 ordinary hours. On application by the employee during the sixth month of employment and subject to the availability of an unclaimed balance of sick leave the employee shall be paid for any sick leave taken during the first five months and in respect of which payment was not made.
7.3.1 (e) Second or Subsequent Years of Employment — An employee shall not be entitled during the second or subsequent year of any period of service with an employer to leave in excess of 8 days of ordinary working time or in excess of 64 hours of ordinary working time in the case of an employee who normally works more than 8 ordinary hours of any day.
7.3.2 Single Day Absences — In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year he/she has already been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in his/her, the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or on account of injury by accident. However, an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or on account of injury by accident in lieu of a certificate of a duly qualified medical practitioner as prescribed by this subclause.
7.3.3 Accumulation of Sick Leave — Sick leave shall accumulate from year to year so that any balance of the period specified in 7.3.1 (d) and (e) of this clause which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of twelve years but for no longer from the end of the year in which it accrues.
7.3.4 Attendance at Hospital, etc. — Notwithstanding anything contained in 7.3.1 of this clause an employee suffering injury through an accident arising out of and in the course of his/her employment (not being an injury in respect of which he/she is entitled to workers' compensation) necessitating his/her attendance during working hours on a doctor, chemist or trained nurse, or at a hospital shall not suffer any deduction from his/her pay for the time (not exceeding four hours) so occupied on the day of the accident, and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.
7.3.5 Year of Service — Year of service for the purpose of this clause means the period between the date of commencement in employment in any year and the anniversary of the commencement of employment in the next year.
7.3.6. Broken Service —
7.3.6 (a) If an employee is terminated by his/her employer and is re-engaged by the same employer within a period of six months then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.
7.3.6 (b) In such a case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of the commencement of the previous period of employment on the anniversary of the commencement of the previous period of employment, as the case may be.
7.4 Personal/Carers Leave
7.4.1 Use of Sick Leave —
7.4.1 (a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph 7.4.1(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 7.3 — 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.
7.4.1 (b) The employees 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.
7.4.1 (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 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.
7.4.1 (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 persons 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.
7.4.2 Unpaid Leave for Family Purpose — An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
7.4.3 Use of Annual Leave —
7.4.3 (a) An employee may elect with the consent of the employer, subject to clause 7.1 — Annual Leave, 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.
7.4.3 (b) Access to annual leave, as prescribed in paragraph (a) of this subclause above, shall be exclusive of any shutdown period provided for elsewhere under this award.
7.4.3 (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.
7.4.4 Use of Time Off in Lieu of Payment for Overtime —
7.4.4 (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.
7.4.4 (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.
7.4.4 (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.
7.4.4 (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.
7.4.5 Use of Make-up Time —
7.4.5 (a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
7.4.5 (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.
7.4.6 Use of Rostered Days Off —
7.4.6 (a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
7.4.6 (b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
7.4.6 (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.
7.4.6 (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.
7.4.7 Bereavement Leave —
7.4.7 (a) An employee, other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed for in 7.4.1(c), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
7.4.7 (b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave. If required by the employer, the employee will provide to the satisfaction of the employer, proof of death.
7.4.7 (c) 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.
7.4.7 (d) Bereavement leave may be taken in conjunction with other leave available under 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
7.5 Jury Service
Summary
Full time and part time employees attending for jury service are entitled to have their pay made up to what they would have received for working ordinary time. Employees must provide proof of attendance.
7.5.1 A full time employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and the amount of wage he or she would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service.
7.5.2 Where a part time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with Clause 7.5.1.
7.5.3 An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
7.6 Parental Leave
See Industrial Relations Act 1996 (NSW).
7.7 Public Holidays
Summary
This clause describes an employee's (other than a casual employee) public holiday entitlements.
Full-time employees are generally entitled to 11 specified public holidays per year without loss of pay.
Other days can be substituted for any of the specified days by agreement between the employer and employees.
7.7.1 Prescribed Holidays —
7.7.1 (a) A full-time employee under this award is entitled to the following public holidays, without loss of pay:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day or Eight Hours' Day
Christmas Day
Boxing Day
Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.
7.7.1 (b) In addition to the public holidays prescribed in 7.5.1(a), full-time employees are entitled to the Tuesday immediately following Easter Monday as an additional public holiday without loss of pay but if that Tuesday is a gazetted or Proclaimed Public Holiday then on another day mutually agreed between the employer and the employee. The additional holiday is not cumulative and must be taken within each calendar year.
7.7.1 (c) Part-time Employees — Refer to 4.2.4(e) to determine the public holiday entitlements of part-time employees.
7.7.1 (d) Substitution of Public Holidays by Agreement at the Enterprise —
(i) By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.
(ii) An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.
7.7.1 (e) In addition to the days described in 7.5.1(a) and (b), any special days appointed by gazettal as a public holiday throughout the State shall be deemed to be a public holiday for the purposes of this Award.
7.7.2 Payment for Time Worked on a Public Holiday —
7.7.2 (a) Payment for Time Worked by Continuous Shift Workers on a Public Holiday —
(i) Refer to 6.2.4(a) to determine the pay entitlements of continuous shift workers working on rostered shifts which fall on a public holiday.
(ii) Continuous shift workers required to work overtime on a public holiday shall be paid at double time. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.
(iii) Continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.
7.7.2 (b) Payment for Time Worked by Non-continuous Shift Workers on a Public Holiday —
(i) Refer to 6.2.4(b) to determine the pay entitlements of non-continuous shiftworkers working on rostered shifts which fall on a public holiday.
(ii) Non-continuous shift workers required to work overtime on a public holiday shall be paid at double time and one half. The double time and a half is to be paid until the employee is relieved from duty. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of non-continuous shift workers who work overtime on a public holiday.
(iii) Non-continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.
7.7.2 (c) Payment for Time Worked by Day Workers on a Public Holiday —
(i) Day workers required to work on a public holiday shall be paid for a minimum of three hours work at double time and one-half. The double time and a half is to be paid until the employee is relieved from duty.
7.7.3 Effect on Payment for Holidays if Absent on Working Day Before or After — 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, he or she will not be entitled to payment for the holiday.
7.7.4 Rostered Day Off Falling on Public Holiday —
7.7.4 (a) Except as provided for in 7.7.4(b), where a full-time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, either:
• 7 hours and 36 minutes pay at ordinary rates; or
• 7 hours 36 minutes added to his or her annual leave; or
• a substitute day off on an alternative week day.
This shall not apply where the rostered day off falls on a Saturday or a Sunday.
7.7.4 (b) (i) Where an employee has credited time accumulated (see 5.11.6), then such credited time should not be taken as a day off on a public holiday.
(ii) If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer shall allow the employee to take the time off on an alternative week day.
(iii) Paragraphs (i) and (ii) above shall not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours. Paragraph 7.7.4(a) shall apply in such circumstances.
7.7.5 Public Holidays Falling During a Period of Annual Leave — Refer to 7.1.6.
SCHEDULE A - CLASSIFICATION DEFINITIONS
1.1 Classification Structure
| | | |Wage Relativity To C10 |
| | | |After Full Minimum Rate And|
| | |Minimum |Broadbanding Adjustments |
|Classification | |Training | |
|Number |Classification Title |Requirement | |
|C1 |Professional Engineer |Degree |180/210% |
| |Professional Scientist | | |
|C2(b) |Principal Technical Officer |15 modules in addition to National |150% |
| | |Advanced Diploma or equivalent | |
|C2(a) |Leading Technical Officer |( 7 modules in addition to National |150% |
| | |Advanced Diploma | |
| |Principal/Trainer/Supervisor/ Co-ordinator |( AQF 6 National Advanced Diploma - | |
| | |with 15 modules minimum in | |
| | |supervision/ training or equivalent | |
|C3 |Engineering Associate |AQF 6 National Advanced Diploma or |145% |
| |- Level II |equivalent | |
|C4 |Engineering Associate |22 Modules towards National Advanced |135% |
| |3rd year of - Level 1 |Diploma or equivalent | |
|C5 |Engineering Technician - Level V Advanced |AQF 5 - National Diploma or 15 modules|130% |
| |Engineering Tradesperson Level II |towards National Advanced Diploma or | |
| | |equivalent | |
|C6 |Engineering Technician - Level IV Advanced |12 modules towards National Diploma or|125% |
| |Engineering Tradesperson Level 1 |National Advanced Diploma or | |
| | |equivalent | |
|C7 |Engineering Technician Level III Engineering|( AQF Level 4 National Certificate |115% |
| |Tradesperson – Special Class Level II |( 9 modules towards National Diploma | |
| | |or National Advanced Diploma | |
| | |( 3 appropriate modules in addition to| |
| | |C8 or equivalent | |
|C8 |Engineering Technician - Level II |( Higher Engineering Tradesperson or |110% |
| |Engineering Tradesperson – Special Class |( 3 appropriate modules in addition to| |
| |Level I |C9 or | |
| | |( 6 modules towards National Diploma | |
| | |or National Advanced Diploma or | |
| | |equivalent | |
|C9 |Engineering Technician - Level I |( 3 appropriate modules in addition to|105% |
| |Engineering Tradesperson - Level II |C10 or | |
| | |( 3 modules towards National Diploma | |
| | |or National Advanced Diploma or | |
| | |equivalent | |
|C10 |Engineering Tradesperson - Level 1 |Trade Certificate or Engineering |100% |
| |Production Systems Employee |Production Certificate III or | |
| | |equivalent | |
|C11 |Engineering/Production Employee - Level IV |Engineering Production Certificate II |92.4% |
| | |or equivalent | |
|C12 |Engineering/Production Employee - Level III |Engineering Production Certificate I |87.4% |
|C13 |Engineering/Production Employee - Level II |In-house training |82% |
|C14 |Engineering/Production Employee - Level I |Up to 38 hours induction training |78% |
Trainer/Supervisor/Co-ordinator
Level I — 122% of the highest rate paid to those supervised.
Level II — 115% of the highest rate paid to those supervised.
1.2 Classification Definitions
NOTE: The following classification definitions should be read in conjunction with:
• the stream and field definitions in subclause 1.4.2 and 1.4.5 respectively;
• the definitions of "or equivalent", "work within the scope of this level" and "Engineering Associate" at the end of this Schedule;
• the National Metal and Engineering Competency Standards Implementation Guide especially Table 2 of that Guide which shows the alignment between old and new titles under the Australian Qualifications Framework. For example Advanced Certificates are now known as National Diplomas and Associate Diplomas as National Advanced Diplomas.
Trainer/Supervisor/Co-ordinator — Level I
A Trainer/Supervisor/Co-ordinator — Level I is an employee who is responsible for the work of other employees and/or provision of structured on-the-job training. Such an employee has completed 9 modules of training in supervision and/or training.
Despite the above definition, an employee who has not completed the specified training or equivalent for this level may enter this classification consistent with 6.5.2 of the Implementation Guide until such times as competency standards for this level are finalised.
Trainer/Supervisor/Co-ordinator — Level II
A Trainer/Supervisor/Co-ordinator — Level II is an employee who is responsible for supervision and/or training of Trainers/Supervisors/Coordinators — Level I. Such an employee has completed 15 modules of training in supervision and/or training.
Despite the above definition, an employee who has not completed the specified training or equivalent for this level may enter this classification consistent with 6.5.2 of the Implementation Guide until such times as competency standards for this level are finalised.
WAGE GROUP: C14
Engineering/Production Employee — Level I
An Engineering/Production Employee — Level I is an employee who is undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.
An employee at this level performs routine duties essentially of a manual nature and to the level of his/her training:
(i) performs general labouring and cleaning duties
(ii) exercises minimal judgement
(iii) works under direct supervision; or
(iv) is undertaking structured training so as to enable them to work at the C13 level.
WAGE GROUP: C13
Engineering/Production Employee — Level II
An Engineering/Production Employee — Level II is an employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the skills of an employee at C14 and to the level of his/her skills, competence and training.
(i) Works in accordance with standard operating procedures and established criteria;
(ii) Works under direct supervision either individually or in a team environment;
(iii) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;
(iv) Understands and utilises basic statistical process control procedures;
(v) Follows safe work practices and can report workplace hazards.
WAGE GROUP: C12
Engineering/Production Employee — Level III
An Engineering/Production Employee — Level III is an employee who has completed an Engineering Production Certificate I or equivalent so as to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the skills of an employee at C13 and to the level of his/her skills, competence and training.
(i) Is responsible for the quality of his/her own work subject to routine supervision;
(ii) Works under routine supervision either individually or in a team environment;
(iii) Exercises discretion within his/her level of skills and training;
(iv) Assists in the provision of on the job training.
WAGE GROUP: C11
Engineering/Production Employee — Level IV
An Engineering/Production Employee — Level IV is an employee who has completed an Engineering Production Certificate II or equivalent so as to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the skills of an employee at C12 and to the level of his/her skills, competence and training.
(i) Works from complex instructions and procedures;
(ii) Assists in the provision of on-the-job training;
(iii) Co-ordinates work in a team environment or works individually under general supervision;
(iv) Is responsible for assuring the quality of his/her own work.
WAGE GROUP: C10
Engineering Tradesperson — Level I
An Engineering Tradesperson — Level I is an employee who holds a trade certificate or tradespersons rights certificate as an:
(i) Engineering Tradesperson (Mechanical) — Level I;
(ii) Engineering Tradesperson (Fabrication) — Level I;
(iii) or equivalent
and is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level.
An Engineering Tradesperson — Level I works above and beyond an employee at C11 and to the level of his/her skills, competence and training.
(i) Understands and applies quality control techniques;
(ii) Exercises good interpersonal and communications skills;
(iii) Exercises keyboard skills at a level higher than C11;
(iv) Exercises discretion within the scope of this classification level;
(v) Performs work under limited supervision either individually or in a team environment;
(vi) Operates lifting equipment incidental to his/her work;
(vii) Performs non-trade tasks incidental to his/her work;
(viii) Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;
(ix) Able to inspect products and/or materials for conformity with established operational standards.
Production Systems Employee
A Production Systems Employee is an employee who, while still being primarily engaged in Engineering /Production work applies the skills acquired through the successful completion of a certificate III level qualification or equivalent in the production, distribution, or stores functions.
A Production Systems Employee is an employee who has completed an Engineering Production Certificate III or equivalent so as to enable the employee to perform work within the scope of this level.
A Production Systems Employee works above and beyond an employee at C11 and to the level of his/her skills, competence and training.
(i) Understands and applies quality control techniques;
(ii) Exercises good interpersonal communications skills;
(iii) Exercises discretion within the scope of this classification level;
(iv) Exercise keyboard skills at a level higher than C11;
(v) Performs work under limited supervision either individually or in a team environment;
(vi) Able to inspect products and/or materials for conformity with established operational standards.
WAGE GROUP: C9
Engineering Tradesperson — Level II
Engineering Technician — Level I
An Engineering Tradesperson — Level II is an:
(i) Engineering Tradesperson (Mechanical) — Level II; or
(ii) Engineering Tradesperson (Fabrication) — Level II:
who has completed the following training requirements:
(i) Three appropriate modules in addition to the training requirements of C10 level; or
(ii) Three appropriate modules towards a National Diploma; or
(iii) Three appropriate modules towards an Advanced Diploma; or equivalent.
An Engineering Tradesperson — Level II works above and beyond a tradesperson at C10 and to the level of his/her skills and competence and training performs work within the scope of this level.
(i) Exercises discretion within the scope of this classification;
(ii) Works under limited supervision either individually or in a team environment;
(iii) Understands and implements quality control techniques;
(iv) Provide trade guidance and assistance as part of a work team;
(v) Operates lifting equipment incidental to his/her work;
(vi) Performs non-trade tasks incidental to his/her work.
Engineering Technician — Level I
An Engineering Technician — Level I is an employee who has the equivalent level of training of a C9 Engineering Tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level I are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is engaged on routine tasks in the technical fields.
WAGE GROUP: C8
Engineering Tradesperson — Special Class Level I
Engineering Technician — Level II
A Special Class Engineering Tradesperson — Level I means a:
(i) Special Class Engineering Tradesperson (Mechanical) — Level I; or
(ii) Special Class Engineering Tradesperson (Fabrication) — Level I;
(iii) Higher Engineering Tradesperson
who has completed the following training requirement:
(i) Six appropriate modules in addition to the training requirements of C10 level; or
(ii) Six appropriate modules towards a National Diploma; or
(iii) Six appropriate modules towards an Advanced Diploma;
(iv) a Higher Engineering Tradesperson apprenticeship; or equivalent.
An Engineering Tradesperson Special Class — Level I works above and beyond a tradesperson at C9 and to the level of his/her skills, competence and training performs work within the scope of this level.
(i) Provides trade guidance and assistance as part of a work team;
(ii) Assists in the provision of training in conjunction with supervisors and trainers;
(iii) Understands and implements quality control techniques;
(iv) Works under limited supervision either individually or in a team environment;
(v) Operates lifting equipment incidental to his/her work;
(vi) Performs non-trade tasks incidental to his/her work.
Engineering Technician — Level II
An Engineering Technician — Level II is an employee who has the equivalent level of training of a C8 Engineering Tradesperson Special Class — Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level II are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is required to exercise judgment and skill in excess of that required at C9 under the supervision of technical or professional staff.
WAGE GROUP: C7
Engineering Tradesperson — Special Class Level II
Engineering Technician — Level III
A Special Class Engineering Tradesperson — Level II means a:
(i) Special Class Engineering Tradesperson (Mechanical) — Level II; or
(ii) Special Class Engineering Tradesperson (Fabrication) — Level II
who has completed the following training requirement:
(i) Three appropriate modules in addition to the requirements of C8 level; or
(ii) Nine appropriate modules towards an Advanced Certificate; or
(iii) Nine appropriate modules towards an Associate Diploma;
(iv) an AQF Level 4 National Certificate; or equivalent.
An Engineering Tradesperson — Special Class Level II works above and beyond a tradesperson at C8 and to the level of his/her skills, competence and training performs work within the scope of this level.
(i) Is able to provide trade guidance and assistance as part of a work team;
(ii) Provides training in conjunction with supervisors and trainers;
(iii) Understands and implements quality control techniques;
(iv) Works under limited supervision either individually or in a team environment;
(v) Operates lifting equipment incidental to his/her work;
(vi) Performs non-trade tasks incidental to his/her work.
NB: The AQF 4 National Certificate referred to in this definition is not directly comparable with existing post-trade qualifications and the possession of such qualifications does not itself justify classification of a tradesperson to this level.
Engineering Technician — Level III
Engineering Technician — Level III is an employee who has the equivalent level of training of a C7 — Engineering Tradesperson Special Class Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level III are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is engaged in detail draughting and/or planning or technical duties requiring judgement and skill in excess of that required of a technician at C8 under the supervision of technical or professional staff;
WAGE GROUP: C6
Advanced Engineering Tradesperson — Level I
Engineering Technician — Level IV
An Advanced Engineering Tradesperson — Level I means an:
(i) Advanced Engineering Tradesperson (Mechanical) — Level I; or
(ii) Advanced Engineering Tradesperson (Fabrication) — Level I who has completed:
• 12 appropriate modules of a National Diploma; or
• 12 appropriate modules of an Advanced Diploma; or equivalent.
An Advanced Engineering Tradesperson — Level I works above and beyond a tradesperson at C7 and to the level of his/her skills, competence and training performs work within the scope of this level.
(i) Undertakes quality control and work organisation at a level higher than for C7;
(ii) Provides trade guidance and assistance as part of a work team;
(iii) Assists in the provision of training to employees in conjunction with supervisors/trainers;
(iv) Works under limited supervision either individually or in a team environment;
(v) Prepares reports of a technical nature on specific tasks or assignments;
(vi) Exercises broad discretion within the scope of this level;
(vii) Operates lifting equipment incidental to his/her work;
(viii) Performs non-trade tasks incidental to his/her work.
Engineering Technician — Level IV
An Engineering Technician — Level IV is an employee who has the equivalent level of training of a C6 — Advanced Engineering Tradesperson Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level IV are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is engaged in detail draughting and/or planning and/or technical duties requiring judgement and skill in excess of that required of a technician at C7 under the supervision of technical and/or professional staff.
WAGE GROUP: C5
Advanced Engineering Tradesperson — Level II
Engineering Technician — Level V
An Advanced Engineering Tradesperson — Level II means an:
(i) Advanced Engineering Tradesperson (Mechanical) — Level II; or
(ii) Advanced Engineering Tradesperson (Fabrication) — Level II who has completed:
• A National Diploma; or
• 15 modules or 2nd year part time of an Advanced Diploma; or Equivalent
An Advanced Engineering Tradesperson — Level II works above and beyond a tradesperson at C6 and to the level of his/her skills, competence and training performs work within the scope of this level.
(i) Provides technical guidance or assistance within the scope of this level;
(ii) Prepares reports of a technical nature on tasks or assignments within the employee's skills and competence;
(iii) Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out his/her task;
(iv) Assists in the provision of on-the-job training in conjunction with supervisors and trainers;
(v) Operates lifting equipment incidental to his/her work;
(vi) Performs non-trade tasks incidental to his/her work.
Engineering Technician — Level V
An Engineering Technician — Level V is an employee who has the equivalent level of training of a C5 — Advanced Engineering Tradesperson Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level V are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.
At this level the employee is required to exercise judgment and skill in excess of that required at level C6.
WAGE GROUP: C4
Engineering Associate — Level I
An Engineering Associate — Level I means an employee who works above and beyond a technician at level C5 and has successfully completed third year part-time (or 22 modules) of an Advanced Diploma or equivalent and is engaged in:
(i) Making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance of equipment facilities or products, including computer software, quality processes, occupational health and safety and/or standards and plant and material security processes and like work; or
(ii) Planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work study, industrial engineering and/or materials handling process.
WAGE GROUP: C3
Engineering Associate — Level II
An Engineering Associate — Level II means an employee who works above and beyond an Engineering Associate at level C4 and has successfully completed an advanced diploma or the equivalent level of accredited training and is engaged in:
(i) Performing draughting, or planning or technical duties which require the exercise of judgment and skill in excess of that required by an engineering associate at level C4; or
(ii) Possesses the skills of an Engineering Associate — Level I in a technical field and exercises additional skills in a different technical field as defined.
WAGE GROUP: C2(a)
Leading Technical Officer
Principal Engineering Trainer/Supervisor/Co-ordinator
Leading Technical Officer means an employee who works above and beyond an Engineering Associate — Level II at level C3 and has successfully completed seven modules in addition to an advanced diploma or equivalent An employee at C2(a) is able to perform or coordinate work in more than one engineering, scientific or technical field as defined, or performs duties in a technical, engineering or scientific field which requires the exercise of judgement and/or skill in excess of that required of an Engineering Associate — Level II.
Principal Engineering Trainer/Supervisor/Co-ordinator
Principal Engineering Trainer/Supervisor/Co-ordinator means a Trainer/Supervisor/Co-ordinator who has completed a National Advanced Diploma of which 15 modules are supervision/training modules or equivalent and who when engaged at this level:
(i) Possesses a sound knowledge of occupational health and safety, industrial relations, and communications processes and is able to use this knowledge in training and leading the work of others;
(ii) Possesses a general knowledge and awareness of the administrative, business, and marketing strategies of the enterprise;
Indicative of the tasks which an employee at this level may perform are as follows:
• Plans, writes and delivers training programs for all engineering/production employees, apprentices, trainees, trade and lower technical levels;
• Plans and directs the work of engineering/production employees especially in new work organisation environments, e.g., group work arrangements, CIM production techniques.
WAGE GROUP: C2(b)
Principal Technical Officer
A Principal Technical Officer works above and beyond an employee at the C2a level and who has successfully completed fifteen modules of accredited training in addition to an advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer:
(i) Performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgement;
(ii) Looks after and is responsible for projects and co-ordinating such projects with other areas of the organisation as required by the operation of the organisation;
(iii) Is responsible for the coordination of general and specialist employees engaged in projects requiring complex and specialised knowledge;
(iv) Plans and implements those programs necessary to achieve the objectives of a particular project;
(v) In the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the company's operation;
(vi) Operates within broad statements of objectives without requiring detailed instructions; or
(i) Performs work at the above level of skill in a particular technical field;
(ii) Has as the overriding feature of his/her employment the ability to perform creative, original work of a highly complex and sophisticated nature;
(iii) Provides specialised technical guidance to other employees performing work within the same technical field.
"Or equivalent"
Where it appears in these classification definitions, the phrase "or equivalent" means:
(i) Any training which a registered provider (eg. TAFE), or by a State Recognition authority which has been recognised as equivalent to an accredited course which the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERSITAB) recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications
OR
(ii) Where competencies meet the requirements set out in the MERSITAB competency standards in accordance with the National Metal and Engineering Competency Standards Implementation Guide.
"Work within the scope of this level"
Where it appears in these classification definitions, the phrase "work within the scope of this level" means:
1. For an employee who does not hold a qualification listed as a minimum training requirement, the employee shall apply skills within the enterprise selected in accordance with the Implementation Guide. Competencies selected must be MERSITAB competency standards.
2. Where an employee has a qualification, section 5.1.3(c)(ii) of this Award should be followed.
Engineering Associate
Where it appears in these classification definitions, the phrase "Engineering Associate" is defined as a generic term which includes technical officers in a wide range of disciplines including laboratories and quality assurance; draughting officers; planners and other para-professionals.
1.3 Comparative Schedule of Old Classifications and New Broadbanded Wage Levels
General Engineering (Including Window-Frame and Agricultural Implement Making)
|1. |Assembler - window frame making - (non-tradesman) |C12 |
|2. |Brass finisher - (tradesman) |C10 |
|3. |Brass finisher - 2nd class |C12 |
|4. |Engraving machinist - 1st class |C10 |
|5. |Fitter |C10 |
|5A. |Fitter employed by Rothmans of Pall Mall (Aust.) Ltd |C10 |
|6. |Fitter, agricultural non-tradesman |C12 |
|7. |Fitter, turbine blade |C10 |
|8. |Hand engraver (NSW only) |C9 |
|9. |Inspector |C9 |
|10. |Key-seating machinist |C12 |
|11. |Locksmith |C10 |
|12. |Machine setter |C10 |
|13. |Machinist - 1st class |C10 |
|14. |Machinist - 2nd class |C12 |
|15. |Machinist - 3rd class |C13 |
|16. |Marker off (ie., a fitter, the greater part of whose time is occupied in marking-off) | |
| | |C9 |
|17. |Mechanical tradesperson special class |C8 |
|18. |Motor cycle mechanic |C11 |
|19. |Motor mechanic and/or marine mechanic |C10 |
|20. |Motor tuner & tester |C10 |
|21. |Mould polisher |C13 |
|22. |Patternmaker |C9 |
|23. |Pipe fitter (low pressure work) |C12 |
|23A. |Plant mechanic |C10 |
|24. |Process worker |C13 |
|25. |Refrigeration mechanic |C10 |
|26. |Safe maker and/or repairer (Security work) |C10 |
|27. |Scalemaker and/or adjuster |C10 |
|28. |Scientific instrument maker |C9 |
|29. |Shipwright-boatbuilder |C10 |
|30. |Toolmaker |C9 |
|31. |Turner |C10 |
|32. |Wet stone grinder and glazer (tradesman) |C10 |
Division B - Smithing
|33. |Angle iron smith |C10 |
|34. |Annealer and/or case hardener |C11 |
|35. |Blacksmith’s machinist |C13 |
|36. |Brass smith |C10 |
|37. |Coppersmith |C10 |
|38. |Forger and/or faggoter |C9 |
|39. |Forge furnanceman |C11 |
|40. |Heat treater - not subject to plant metallurgical Supervision |C9 |
|41. |Heat treater |C10 |
|42. |Heat treater - operative (as defined) |C12 |
|43. |Smith, other |C10 |
|44. |Tilter |C12 |
|45. |Toolsmith |C10 |
Division C - Boilermaking & Steel Construction
|46. |Boilermaker and/or structural steelworker |C10 |
|47. |Plate setter and frame bender |C10 |
|48. |Angle iron smith and/or boilersmith |C10 |
|49. |Welder electric - 1st class |C10 |
|50. |Welder oxy acetylene - 1st class |C10 |
|51. |Cutter oxy acetylene - 1st class |C10 |
|52. |Marker off and/or template maker |C9 |
Division D - Welding
|53. |Welder - special class (as defined) |C9 |
|54. |Welder - 1st class |C10 |
|55. |Welder - 2nd class |C12 |
|56. |Welder - 3rd class |C13 |
|57. |Welder - Tack |C13 |
Division E - Electroplating
|58. |Electroplater - 1st class |C10 |
|59. |Electroplater - 2nd class |C12 |
|60. |Electroplater - 3rd class |C13 |
|61. |Polisher - 1st class |C11 |
|62. |Polisher - other |C12 |
Division F - Sheet Metal
(a) Sheet Metal Section
|63. |Sheet metal worker - 1st class |C10 |
|64. |Sheet metal worker - 2nd class |C12 |
|65. |Die setter |C13 |
|66. |Die setter - press operator working from blue prints or plans |C11 |
|67. |Drop hammer stamper |C13 |
|68. |Guillotine operator (as defined) |C11 |
|69. |Guillotine operator - other |C13 |
|70. |Guttering machinist |C13 |
|71. |Power machinist - not otherwise specified |C13 |
|72. |Press operator - heavy |C13 |
|73. |Press operator - light |C13 |
|74. |Solderer and dipper |C13 |
|75. |Spinner - 1st class |C11 |
|76. |Spinner - other |C13 |
|77. |Process worker (all divisions) |C13 |
(b) Canister Maker Section
|78. |Canister maker by hand and riveter by hand |C13 |
|79. |Die setter and/or machine setter and/or Leading press hand |C12 |
|80. |Operator of power capping machines or metal pots on automatic machines |C13 |
|81. |Operator of other power presses and other power machines |C13 |
|82. |Solder and dipper |C13 |
Division G - Metal Ceiling Fixing
|83. |Ceiling fixer - 1st class |C10 |
|84. |Metal ceiling fixer - 2nd grade |C12 |
Division H - Galvanising
|85. |Assistant - working over metal pot |C13 |
|86. |Galvaniser |C12 |
|87. |Pickler |C13 |
|88. |Tinner and grease tinner |C12 |
Division I - Painting
|89. |Spray painter - on both prime and finishing coats |C12 |
|90. |Spray Painter - on one coat |C12 |
|91. |Silk screen maker |C12 |
|92. |Silk Screen operator |C13 |
|93. |Dipper |C13 |
Division J - Porcelain Enamelling
(a) Wet
|94. |Fireman |C13 |
|95. |Fuser |C12 |
|96. |Fuser’s assistant |C13 |
|97. |Fuser on medallions, badges or buckles |C13 |
|98. |Inspector - other (ie. One who inspects finished enamel work as to quality) |C13 |
|99. |Inspector - other |C13 |
|100. |Mill hand and mixer |C13 |
|101. |Packer and/or despatch |C12 |
|102. |Pickler |C13 |
|103. |Racksman |C13 |
|104. |Sand and shot blaster |C12 |
|105. |Sprayer - grip and/or colour coats |C12 |
|106. |Swiller, gripper and brusher |C13 |
(b) Dry
|107. |Checker |C13 |
|108. |Dresser - not using portable machines |C13 |
|109. |Dresser - using portable machines |C12 |
|110. |Duster |C10 |
|111. |Duster’s assistant |C12 |
|112. |Fireman |C13 |
|113. |Gripper - brush |C13 |
|114. |Gripper - spray |C13 |
|115. |Mill hand and mixer |C12 |
|116. |Packer and/or despatcher |C12 |
|117. |Painter - brush |C13 |
|118. |Painter - spray |C13 |
|119. |Shot and sandblast dresser |C12 |
Division K - Stovemaking
|120. |Blacksmith (repetition stove) |C13 |
|121. |Box fitter on repetition work |C13 |
|122. |Checker |C13 |
|123. |Coppersmith on wash coppers and side boilers for stoves - (hand) |C12 |
|124. |for stoves - (machines) |C13 |
|125. |Coppersmith - (jobbing) |C10 |
|126. |Employee delivering material to fitters and taking finished articles from fitters |C13 |
|127. |Employee engaged directly assisting workmen whose margins are $4.60 or more |C13 |
|128. |Employee engaged directly assisting workmen whose margins are $4.60 or more - |C13 |
| |foundry | |
|129. |Fitter making, repairing, setting or installing cooking stoves, ovens, gas or |C11 |
| |electric stoves over 1.5 metres in width and/or other heating and cooking appliances| |
| |customarily used in cafes, kitchens, restaurants, hotels and shops and produced by | |
| |jobbing methods | |
|130. |Fitter making, repairing, assembling, reassembling, setting installing or testing |C12 |
| |cooking stoves, ovens, gas or electric stoves over 1 metre and up to 1.5 metres in | |
| |width | |
|131. |Fitter making, repairing, assembling, reassembling, setting installing or testing |C13 |
| |cooking stoves, ovens, gas or electric stoves over 1 metre or under in width | |
|132. |Fitter making and assembling Regina and/or Empress stoves |C13 |
|133. |Furnaceman |C12 |
|134. |Furnaceman’s assistant |C13 |
|135. |Gas stove adjuster (outside work) |C11 |
|136. |Grinder and dresser |C13 |
|137. |Grinder and dresser - (foundry) |C12 |
|138. |Jobbing moulder and/or coremaker |C10 |
|139. |Metallic enameller |C12 |
|140. |Painter - brush |C13 |
|141. |Pattern fitter and pattern filer |C12 |
|142 |Plater and machiner moulder and/or coremaker: | |
| |First six months |C13 |
| |Second six months |C13 |
| |Third six months |C12 |
| |Thereafter |C12 |
| |Experience for the purpose of calculating the rates payable to plate and machine | |
| |moulders and/or coremakers shall include all experience as a moulder or a coremaker,| |
| |jobbing or machine, as the case may be, either as a junior or as an adult. | |
|143. |Storeman |C12 |
|144. |Packer and/or despatcher |C12 |
Division M - Silverplate Ware
|145. |Silverplate tradesman (as defined) |C10 |
|146. |Drop-hammer stamper - who puts in die and makes force |C11 |
|147. |Assembler - as defined |C12 |
Division AD - Industrial Instrumentation
|148. |Instrument tradesman |C9 |
|149. |Instrument tradesman - Complex system |C8 |
|150. |Instrumentation and Control tradesman |C6 |
M. J. WALTON J, Vice-President.
SCHEDULE B
METAL AND ENGINEERING INDUSTRY (NEW SOUTH WALES) INDUSTRIAL COMMITTEE
Industries and Callings
Section 1
All persons employed in the industries and callings of aircraft engineers, aircraft mechanics (wood and metal), assemblers (agricultural and coachmakers, rail), assemblers of motor chassis (not including engines or gearing, mudguards or valance), angle-iron smiths, blacksmiths, brass finishers, polishers of any metal working in conjunction with brass finishers, borers, blacksmiths, machinists, bulldozers, bradley hammersmiths, coppersmiths, coppersmiths' machinists, chainsmiths, cycle mechanics (including liners, writers and enamellers, wheel builders, filers and/or cleaners), drillers, die sinkers, drop hammersmiths, engineers, electric welders, fitters, forgers and/or faggoters, forge furnacemen, forging machinists, gauge makers, grinders, hydraulic press machinists, key-way cutters, locksmiths, lift maintainers, lappers, millers (general or universal), markers-off, machinists making nuts, bolts and/or dog spikes, metal sawyers, motor mechanics, motor cycle mechanics, motorsmiths, oliversmiths, oxy-acetylene operators, patternmakers, punching machinists, planers, power-press machinists, pipefitters, rolling stocksmiths, springmakers, springsmiths, spring fitters, slotters, shapers, shift engineers, scientific instrument makers, shearing machinists, springmakers, machinists, screwing machinists, shipwright-boatbuilders, shipsmiths, safe makers, scale makers and/or adjusters, turret lathe turners, turners, toolsmiths, toolmakers, traversing drillers, tapping machinists, turners and testers (motor vehicles), wet stone grinders and/or glaziers, sewing machine mechanics, and all other machine men and mechanics or similar classes engaged in the engineering, locomotive, shipbuilding, rolling stock, agricultural, iron trades or any other industry excepting boilermakers, metal moulders, tinsmiths, sheet iron workers in all branches, and ironworkers, assistants in the State, excluding the County of Yancowinna;
Section 2
Boilermakers and iron shipbuilders, and in connection with such industries, all oxy-acetylene and electric welders, and makers or repairers of iron and steel wagons and or iron and steel carriages, other than those engaged in the work usually done by carriage and wagon builders in the State, excluding the County of Yancowinna;
Section 3
Tinsmiths, canister makers, sheet iron workers, sheet metal workers, tin box makers and in connection with such industries, oxy-acetylene welders and galvanisers and tinners, and persons employed in association with such galvanisers and tinners; and electroplaters (excepting electroplaters, other than those in outside jobbing shops, engaged in the making or repairing of articles customarily made or repaired by stove, oven and grate makers), bronzers, oxidisers, metal polishers (other than makers and stampers or electroplated ware, and their assistants), in the State, excluding the County of Yancowinna;
Section 4
All persons employed in or in connection with painting, colouring, varnishing, japanning, lacquering or enamelling in the manufacture of articles of sheet metal (10-gauge and under) or cast metal including those made for use as household utensils, office and travelling requisites, builders' ironmongery, and toys, in the State, excluding the County of Yancowinna;
Section 5
Metal ceiling employees and sheet metal fixers in the State, excluding the County of Yancowinna;
Section 6
Stove, oven and grate makers and repairers who in such industry (and as distinct from other craftsmen and their assistants, who sometimes do the work as part of their particular craft) make, repair or install articles customarily made, repaired or installed in the stove, oven and grate making industry, such as carving tablers, bainmaries, hot press, cast stock pots, jacketed pans, and all other such steam cooking gear, stoves, ranges, grates, hot plates, gas fires, gas rings, wash coppers (rivetted or brazed), toasters, portable incinerators, copper cylinders, grills, gas grillers, range and stove canopies, flue pipes, pie ovens, plate racks, pot racks, tailor's geese, potts irons, sad irons, gas irons, electric irons, electric radiators, electric cookers or heaters (excepting the wiring, insulating or fitting of electric apparatus attached thereto), furnace doors, frames and grates, dampers for stoves, cooking ovens, ranges and metal flues thereof, brooder broilers, also metal piano frame makers, in the State, excluding the County of Yancowinna;
Section 7
All persons employed in the porcelain enamelling industry, and all persons employed in the manufacture or preparation of frit for use in the porcelain enamelling industry, including the porcelain enamelling of steel and iron plates and hollow-ware, baths, sinks, pipes, cisterns, household utensils and building material; and including dressers (other than dressers doing the first or rough dressing), blasters, firemen, picklers, packers, storemen, painters and labourers, in the State, excluding the County of Yancowinna.
Excepting employees of —
State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
Roads and Traffic Authority;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty Limited;
Southern Copper Pty Limited;
Metal Manufacturers Limited;
Incitec Pty Limited;
Australian Standard Cables Proprietary Limited, at Port Kembla;
The Broken Hill Proprietary Company Limited, at Newcastle;
Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron and Steel Proprietary Limited) Industrial Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney;
The Council of the City of South Sydney;
The Council of the City of Newcastle;
Sydney Electricity;
The Northern Rivers County Council;
The Electricity Commission of New South Wales (Pacific Power);
The Australian Gas Light Company;
Australian Wire Industries Pty Limited, at its Newcastle Wiremill;
Australian Wire Industries Pty Limited at its Sydney Wiremill;
Sydney Harbour Bridge;
The United Dental Hospital of Sydney;
and excepting also employees —
In or about coal mines north of Sydney, on or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;
In or about metalliferous and limestone mines, in or in connection with mining for minerals other than coal or shale, and in or about diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment and reduction works;
and excepting employees within the jurisdiction of the following Industrial Committees —
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
John Lysaght (Australia) Limited Newcastle;
Australian Wire Industries Proprietary Limited - Newcastle Ropery;
Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);
Tubemakers of Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Milk Treatment &c, and Distribution (State);
Cement Workers &c. (State);
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
University Employees &c. (State);
Municipal and Shire Council Employees;
Shoalhaven Scheme;
Crown Employees (Skilled Tradesmen);
Public Hospitals (Skilled Tradesmen);
University Building Maintenance Employees (State);
CSR (Pyrmont Refinery).
Printed by the authority of the Industrial Registrar.
(4214) SERIAL C0111
CLERICAL AND ADMINISTRATIVE EMPLOYEES (CATHOLIC PERSONAL CARER’S LEAVE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 932 of 2001)
Before Mr Deputy President Sams 12 April 2001
REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Catholic Personal/Carer’s Leave
4. Bereavement Leave
5. Sick Leave
6. Grievance and Dispute Settling Procedures
7. Area, Incidence and Duration
2. Definitions
“Parent Award” means the Clerical and Administrative Employees (State) Award published 14 February 1997 (296 I.G. 619), as varied.
3. Catholic Personal/Carer’s Leave
3.1 Use of Sick Leave to Provide Care and Support for a Family Member —
(a) An employee, other than a casual employee, with responsibilities in relation to a family member as set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care and support shall be entitled to use, in any year, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 5, 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) If required, the employee shall establish the illness of the person concerned either by production of a medical certificate, statutory declaration, written statement or other evidence and that the illness is such as to require care and support by the employee. An employee is not entitled to family 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 family member being a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the employee or spouse.
3.2 Use of Sick Leave for a Pressing Domestic Necessity —
(a) Subject to paragraph (c) of this subclause, for the purposes of this clause “pressing domestic necessity” means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provisions of the Anti-Discrimination Act 1977.
(b) An employee, other than a casual employee, with sick leave credits may apply to utilise such credits up to five of any current or accrued sick leave entitlement days in any one year of the employee’s service, for any pressing domestic necessity other than to care for or support a person as defined in subparagraph (ii) of paragraph (c) of subclause 3.1 of this clause.
(c) Where an employee, other than a casual employee, is not entitled to utilise sick leave credits pursuant to paragraph (a) of the said subclause 3.1, he/she may access any current or accrued sick leave for any pressing domestic necessity, where the employee is responsible for the care or support of a person not referred to in the said subparagraph (ii).
(d) The yearly entitlement for the purpose of pressing domestic necessity, as set out in paragraph (b) of this subclause, is non-cumulative.
(e) If required, an employee shall provide a written statement or other evidence supporting the application for personal/carer’s leave for the purpose of pressing domestic necessity.
3.3 Notification of Intention to Take Leave — In relation to subclauses 3.1 and 3.2 of this clause, wherever practicable, an employee shall give the employer notice, prior to the absence, of the intention to take leave. The employee shall also provide the name of the person requiring care, that person’s relationship to the employee, the nature of any pressing domestic necessity, 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.
3.4 Unpaid Leave for Family Purpose —
(a) With the consent of the employer, an employee may elect to take unpaid leave for the purpose of providing care and support to a person referred to in subparagraph (ii) of paragraph (c) of subclause 3.1 or paragraph (c) of subclause 3.2 of this clause who is ill.
3.5 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.
3.6 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 will be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with paragraph (a) of this subclause, the employee shall be paid overtime rates in accordance with the award.
3.7 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 parent award, at the ordinary time 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.
3.8 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.
4. Bereavement Leave
(a) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subparagraph (ii) of paragraph (c) of subclause 3.1 of clause 3, Catholic Personal/Carer’s Leave.
(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 of the death of a person in relation to whom the employee could have utilised personal/carer’s leave or equivalent in the said clause 3, 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 the said clause 3. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.
5. Sick Leave
(i) Weekly employees shall, subject to the production of a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration) be entitled to seven days sick leave during the first year of service and ten days during the second and subsequent years of service on full pay; provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single day's absence of an employee in any year.
Provided further that where an employee works more than eight ordinary hours in any day the employee shall not be entitled to leave in excess of 53.2 hours of ordinary working time in the first year of service and 76 hours of ordinary working time in the second and subsequent years of service.
(ii) (a) The employee shall, wherever practicable, before the commencement of absence, inform the employer of such employee's 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.
(b) Where an employee does not notify the employer of the employee's inability to attend for duty prior to the commencement of the absence, the employee shall produce a medical certificate or the said employee shall not be entitled to payment for the first eight hours of such absence.
NOTE: An employee's entitlement to sick leave in accordance with subclause (i) of this clause shall not be reduced as a consequence of the operation of this paragraph.
(iii) The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment, at which time the payment shall be made.
(iv) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation, provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers' compensation and full pay. If an employer pays such difference, the employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be proportionately reduced.
(v) If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year, provided that an employer shall not be bound to credit an employee for sick leave which accrued more than 12 years before the end of the last completed year of service.
(vi) Part-time employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part-time employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for weekly employees as the part-time employee's normal ordinary hours of work for a week during such year would have borne to the number of ordinary hours worked by weekly clerical employees in the section or department in which the part-time employee is employed.
(vii) Service before the date of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. An employee whose employment commenced on or before 13 March 1976 shall be entitled to the increased quantum of sick leave prescribed by subclause (i) of this clause, according to the employee's year of service commencing on or after that date. Accumulated leave at the credit of the employee at the commencement of this award will not be increased or reduced by the operation of this clause.
(viii) If an award holiday occurs during an employee's absence on sick leave, then such award holiday shall not be counted as sick leave.
(ix) Employees employed at 14 September 1995 with more than one year's service will be granted an additional two days to their accumulated sick leave.
6. Grievance and Disputes Settling Procedures
The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps:
(i) Procedures relating to grievances of individual employees:
(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by a nominated representative for the purpose of each procedure.
(ii) Procedures relating to disputes, etc., between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Where it has not been possible for an employer to resolve their question, dispute or difficulty in the ordinary course of events at the place of employment, the employer is required to notify (in writing or otherwise) the employee as to the substance of the grievance and require the employee to attend a meeting to discuss the grievance. The employee may bring another member of staff or a representative of the relevant union to this meeting as a witness.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) While a procedure is being followed, normal work must continue.
(e) The employer may be represented by an employer representative and the employees may be represented by a nominated representative for the purpose of each procedure.
7. Area, Incidence and Duration
(a) This award shall apply to all classifications contained in the parent award and provided for within the jurisdiction of the Clerks (State) Industrial Committee who are employed by a Catholic employer as defined in clause 2, Definitions.
(b) This award is made following a review under Section 19 of the Industrial Relations Act 1996 and replaces the Clerical and Administrative Employees (Catholic Personal Carer's Leave) Award published 2 February 1996 (290.I.G. 454) and all variations thereof.
(c) The award published 2 February 1996 took effect from the beginning of the first pay period to commence on or after 14 September 1995.
(d) 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 and from 12 April 2001.
(e) This Award remains in force until varied or rescinded, the period for which it was made being already expired.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
(116) SERIAL C0090
CLEANING AND BUILDING SERVICES CONTRACTORS
(STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 1568 of 2001)
Before the Honourable Justice Marks 7 and 16 March 2001
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Contract of Employment
3. Definitions
4 Classification Structure
5. Hours
6. Rostered Days Off (RDO)
7. Wages
8. Additional Rates and Allowances
9. Saturday and Sunday Work
10. Overtime and Meal Allowances
11. Call Back and Rest Break
12. Part-time Employees
13. Casual Employees
14. Supported Wage
15. Payment of Wages
16. Relieving in Other Positions or Classifications
17. Miscellaneous Conditions
18. Public Holidays
19. Annual leave
20. Annual Leave Loading
21. Sick Leave
22. Personal/Carer's Leave
23. Bereavement Leave
24. Parental Leave
25. Repatriation Leave
26. Jury Service Leave
27. Long Service Leave
28. Superannuation
29. Trade Union Training Leave
30. Union Delegates
31. Enterprise Arrangements
32. Consultation
33. Anti Discrimination
34. Past Services Entitlement
35. Exemption
36. Non-reduction of Existing Wages and Conditions
37. Traineeships
38. Grievance Procedure
39. Area, Incidence and Duration
PART B
MONETARY RATES
Tables 1A and 1B — Wages — Cleaning Services Stream
Tables 2A and 2B — Wages — Property Services Stream
Tables 3A and 3B — Wages — Event Services Stream
Tables 4A and 4B — Wages — Hospital Cleaners
Tables 5A and 5B — Other Rates and Allowances
Tables 6A and 6B — Saturday and Sunday Ordinary Time — Cleaning
Services Stream
Tables 7A and 7B — Saturday and Sunday Ordinary Time — Property
Services Stream
Tables 8A and 8B — Saturday and Sunday Ordinary Time — Hospital
Cleaners
Appendix A
Appendix B
2. Contract of Employment
(i) Employees under this award shall be engaged either as full-time employees, part-time employees or casual employees.
(ii) (a) Subject to the provisions of this clause, during the first month of full-time or part-time employment, the contract of employment may be of a probationary nature. An employee at the point of engagement shall be notified in writing whether or not such employment will be on a probationary basis.
Provided further that, during such probationary period, the employer will provide the employee with training, instruction and supervision, appropriate to the size, structure and needs of the enterprise. An employee on probation shall have had any deficiencies in their performance advised to them and have had the opportunity to improve their performance and enhance their skills in the first instance before any disciplinary action or termination occurs. In the event that the employment is terminated by either party, then such termination shall be dealt with in accordance with the termination provisions provided for elsewhere in this clause.
(b) At the conclusion of a probationary period, the employment of the employee shall be confirmed in writing.
(c) Except as provided in this subclause, no other probationary periods shall apply.
(iii) The employer shall, by legible notice displayed at some place accessible to the employees, notify the hours of commencing and ceasing work. Such hours once notified shall not be changed except by a week's notice. Provided, however, that where changes of roster time are only for a duration of one week or less and involve the completion of the usual number of ordinary hours at other than the regular times, an additional amount of 25 per cent shall be payable for that period worked outside the regular time. This does not apply to changes due to late shopping in the week in which Good Friday falls.
(iv) The employment of any employee other than a casual employee shall be terminated only by one week's notice or by the payment or forfeiture, as the case may be, of one week's wages in lieu thereof.
(v) The employment of casual employees may be terminated by one hour's notice and such employees shall be paid all monies due forthwith upon termination.
(vi) Notwithstanding the foregoing provisions, the employer may dismiss an employee at any time for serious misconduct or wilful disobedience, and then shall be liable only for payment up to the time of dismissal.
(vii) On the termination of employment, the employer shall, at the request of the employee, give such employee a statement as soon as practicable, upon termination, signed by the employer stating the period of employment, the class of work employed upon and when the employment terminated.
(viii) Notwithstanding the provisions of subclauses (i) and (iv) of this clause, where, on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry, the employer terminates the employment of a full-time or part-time employee who has been employed by such employer for the preceding 12 months, the employer shall give the employee three months' notice of the termination of such employees employment; provided that, if such employer fails to give such notice in full:
(a) The employer shall pay the employee at the rate specified for the employees ordinary classification in clause 7, Wages, for a period equal to the difference between three months and the period of the notice given.
(b) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer summarily to dismiss an employee for reasons specified in subclause (vi) of this clause, shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of the employees employment.
When an employer gives an employee notice of the termination of such employees employment on account of the introduction or proposed introduction of mechanisation or technological changes, within 14 days thereafter the employer shall give notification in writing to the Industrial Registrar, the Director of Vocational Education and Training, the Director of Technical and Further Education Commission, and the Secretary of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, of that fact, stating the employees name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.
(ix) Educational Institutions and Industrial Establishments — Where the employer and employee in a particular establishment are in agreement, and the Union is notified by the company in writing of such agreement, the employer may grant the employee a period of unpaid leave which shall not exceed four weeks in any 12-month period, where that establishment shuts down annually. Provided that a period of unpaid leave shall not constitute a break of service for the purposes of this award, the Long Service Leave Act 1955 or the Annual Holidays Act 1944; provided, further, the effect of this subclause shall be confined to educational institutions and industrial establishments which shall be defined as follows: independent schools and colleges, universities and factories.
(x) Employees covered by this award shall perform all work within their skill and competence, including work which is incidental or peripheral to their main tasks or functions.
3. Definitions
(i) "Full-time Employee" means an employee paid by the week or fortnight, as the case may be, who is rostered to work the ordinary hours prescribed by clause 5, Hours.
(ii) "Part-time Employee" means an employee paid by the week or fortnight but who is required to work a constant number of ordinary hours each week less than the ordinary number of hours prescribed for full-time employees, subject to the provisions of clause 12, Part-time Employees.
(iii) "Part-time Weekend Employee" means an employee paid by the week or fortnight, as the case may be, who is required to work a constant number of ordinary hours on Saturdays and Sundays only, such hours being less than the number of hours prescribed for full-time employees, subject to the provisions of the said clause 12.
(iv) "Casual Employee" means an employee engaged and paid as such but shall not include an employee working an average of 38 ordinary hours or more per week and shall not include an employee who is required to work a constant number of ordinary hours each week, subject to the provisions of clause 13, Casual Employees.
(v) "Relief Cleaner" means a person engaged pursuant to the provisions of subclause (i), (ii) and (iv) of, clause 4, Classification Structure, to work full-time or part-time for a specified period which is not more than two years but not less than 5 days.
(a) By agreement between the employer and the employee prior to engagement, a relief cleaner shall be notified in writing in the form of Appendix B of this award of the employees appointment as a relief cleaner and of the estimated duration of their engagement.
(b) Such employees shall be engaged solely for the following specified purposes:
(1) to replace existing employees proceeding on sick leave, annual leave, maternity leave, long service leave or leave without pay; or
(2) to replace an employee on workers' compensation.
(c) Such full-time employees shall be entitled to all entitlements as if they were a weekly employee and shall accrue annual leave, sick leave and rostered days off in accordance with this award. Part-time employees shall also accrue such entitlements but on a proportionate basis.
(d) An employee engaged as a relief cleaner in accordance with this subclause shall be paid the ordinary hourly rate applicable to the classification for the work in which the employee is engaged.
(e) Where an employee is not provided notification in writing in accordance with paragraph (a) of this subclause, the employee shall be paid at the appropriate casual rate of pay as provided for in this award until such notification has been received by the employee.
(f) An employee engaged as a relief cleaner in accordance with this subclause shall not work in a vacant and/or casual and/or temporary position.
(g) The provisions of this subclause, shall not apply to employees engaged in the Event Cleaning Stream pursuant to subclause (iii) of clause 4, Classification Structure.
(vi) "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, New South Wales Branch, or, in the case of the County of Yancowinna, the Broken Hill Town Employees Union.
(vii) "New South Wales Government Sites Cleaning Contracts" means contracts awarded by The NSW Government State Contract Control Board pursuant to Request for Tender No. 93/20125 and any successor contracts as well as all other contracts awarded by the NSW Government State Contracts Control Board for cleaning services in public schools in New South Wales. "NSW Government Sites Cleaning Contracts" shall also mean contracts let pursuant to Request for Tender 93/20125.
(viii) "Day" means the period from midnight to midnight.
"Night Shift" means any shift finishing later than 1.00 a.m. and at or before 8.00 a.m. or any shift commencing prior to 6.00 a.m. except for the early morning shift as defined; provided that any employee who, at the time of the making of this award, was engaged on a shift finishing later than midnight and at or before 8.00 a.m. shall continue to receive the night shift rate.
(x) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before 1.00 a.m.
(xi) "Early Morning Shift — Other Than for New South Wales Government Sites Cleaning Contracts" means any shift commencing between 3.00 a.m. and 6.00 a.m. provided that:
(a) the commencement time of current employees working an early morning shift as at 19 January 1994 shall not be changed without consent.
(b) an employee commencing at 5:00.a.m. and before 6:00.a.m. as at 1 March 2001 shall not be reclassified as a Day Worker as a result of any changes to this award.
(xii) "Early Morning Shift — New South Wales Government Sites Cleaning Contracts" means any shift commencing at or after 5.00 a.m. and before 6.00 a.m., provided that any employee who as at 1 July 1996 works an early morning shift commencing at or after 5.00 a. m. and before 6.30 a.m. shall continue to receive the early morning shift rate of pay.
(xiii) "Broken Shift Worker" means an employee working a broken shift during the hours prescribed in this award.
(xiv) "Shift Worker" means an employee who works a night shift, afternoon shift or early morning shift.
(xv) "Appropriate Rate" means the rate of pay applicable, under the provisions of this award, to the time or shift an employee is required or is engaged to work.
(xvi) "Seven-day Shift Worker" means an employee who is rostered by an employer to work ordinary hours regularly on Saturdays and/or Sundays and/or public holidays but shall not include a part-time weekend employee, as defined, who is rostered to work by the employer ordinary hours on Saturdays and/or Sundays and/or public holidays only.
(xvii) "Table Busser" means an employee engaged only to perform one or more of the following cleaning duties within a food outlet other than in hospitals: the collection and removal of eating utensils, cleaning and wiping of tables, the cleaning and moping of spillages and the emptying of bins. The duties carried out by a Table Busser, shall not include those duties associated with the daily maintenance and cleaning of the food outlet including toilets.
An employee who performs duties other than those described in this subclause, shall be paid as a cleaner in accordance with paragraphs (a), (b) or (c) of subclause (i) of clause 4, Classification Structure, as appropriate to the duties allocated.
On occasions when there are no table bussing duties to be performed, the employee shall be engaged and paid for the remainder of the employees ordinary hours for that day or shift as a cleaner in accordance with the said paragraphs (a), (b) or (c), as appropriate to the duties allocated
Employees who as at 19 January 1994 performed some or all of the duties of a Table Busser shall nevertheless continue to be classified and paid as a cleaner in accordance with the said paragraphs (a), (b) or (c) as appropriate to the duties allocated.
(xviii) "Commissionaire" shall mean a person employed for the greater part of the employees working time to greet visitors upon arrival, respond to and/or direct inquiries and provide general information services.
(xix) "Building Supervisor/Manager" shall mean a person employed for the greater part of the employees working time to administer, supervise and oversee the daily operation (running) of a building and/or buildings. Duties may include, but shall not be limited to, maintaining records, liaising with management, suppliers and customers in respect of the structure of the building and supervision of receipt of incoming and outgoing goods.
(xx) "Lift Attendant" shall mean a person engaged for the greater part of the employees working time operating an elevator or lift.
(xxi) “Week” shall mean the period Monday to Sunday, inclusive.
4. Classification Structure
Employees engaged under this award may be employed in one of the four following streams:
(i) Cleaning Services Stream —
(a) "Cleaner" means a person employed for the greater part of the employees working time in cleaning work of any description on premises or in bringing into or maintaining premises in a clean condition, whatever may be the nature of the employees other duties.
(b) "Building Services Employee Grade 1 " means an employee performing the duties of a cleaner who, in addition, is engaged for the greater part of each day or shift on any of the following tasks, or a combination of such tasks:
(1) Ordering supplies and receiving deliveries and/or the responsibility for the distribution and maintenance of toilet and other requisites and cleaning materials in buildings or establishments and/or an employee performing customer or public relations or other duties as required.
(2) Carpet Cleaning — Operating equipment used in any or all of the following methods: powder systems or liquid shampoo systems or hot water injection and extraction systems (commonly called "steam cleaning") for the purpose of cleaning carpets, upholstery, furnishing and similar articles but shall not include the periodic routine cleaning of such articles by vacuum cleaning, nor shall it include persons required to use cleaning powders and/or liquids for "spot" removals in the normal vacuuming process.
(3) Cleaning windows on the exterior of multi-storied buildings from swinging scaffolds, bosun's chairs, hydraulic bucket trucks or similar devices.
(4) Operating "ride on" powered sweeping machines.
(5) Operating steam cleaning and pressure washing equipment on the exterior of buildings.
(c) "Building Services Employee Grade 2" means an employee who is entrusted with the supervision of cleaning as a principal responsibility and/or who may be required to generally superintend and maintain a building or buildings and/or building equipment and who may also perform the duties of a cleaner or Building Services Employee Grade 1 as required.
(ii) Property Services Stream —
(a) "Property Services Employee Level 1" shall mean a person employed for the greater part of the employees day or shift in any one of the following tasks, or combination of such tasks:
as a table busser;
the collection and returning of luggage trolleys;
tea attendants duties.
(b) "Property Services Employee Level 2" shall mean a person employed for the greater part of the employees day or shift in any one of the following tasks, or combination of such tasks:
the rearrangement or reorganisation of furniture;
routine maintenance of indoor greenery (shrubs and plants);
parking attendants duties — not including the handling of cash;
lift attendant duties;
the collection and returning of luggage trolleys involving the driving of a tractor or similar vehicle;
sanitary disposal processing;
who may also be required to perform any of the duties of a Level One employee.
(c) "Property Services Employee Level 3" shall mean a person employed for the greater part of the employees day or shift in any of the following tasks or combination of such tasks:
specialist computer cleaning;
security services, including door checks, security patrols where specialist training or licensing is required and who may also be required to use simple closed circuit television systems;
performance of routine repair work and/or building maintenance in or about the facility (of a non-trade nature);
maintains gardens, lawns and rockeries;
uses and performs routine maintenance on hand tools, motor mowers and edgers;
is engaged in trimming edges, mowing lawns, sowing, planting, watering, weeding, spreading fertiliser, clearing shrubs and trimming hedges;
control, maintenance and care of stock, equipment and other parts;
carries out the cleaning and maintenance of air conditioner filters, etc;
commissionaire duties;
parking attendant duties which involve the handling of cash and who may also be required to perform any of the duties of a Level 2 employee.
(d) "Property Services Employee Level 4" shall mean a person employed for the greater part of the employees day or shift in any of the following tasks or combination of such tasks:
security control room operator and/or monitor who acts upon intelligent building management systems;
horticultural duties and who may possess a Horticultural Operations Certificate or equivalent;
prepares and uses fertiliser and pest and disease and weed control mixtures;
uses and performs routine maintenance on gardening tools and equipment;
carries out pest control (domestic and commercial), termite and other timber pest control, weed control (urban and industrial), fumigation, feral vertebrate animal control duties and who holds a current State Pest Control Licence, and who may also be required to perform the duties of a Level 3 employee.
(e) "Property Services Employee Level 5" shall mean a person employed for the greater part of the employees day or shift as a Building Supervisor/Manager as defined in subclause (xix) of clause 3, Definitions.
(iii) Event Cleaning Stream —
(a) Event cleaning means all work in or in connection with or incidental to the industries or industrial pursuits of cleaning, repair and maintenance services in or in connection with the staging of sporting, cultural, scientific, technological, agricultural or entertainment events and exhibitions of any nature. Event cleaning shall not include regular maintenance cleaning, and shall be for a specific event and limited in duration to not more than three weeks.
(b) "Event Services Employee Grade 1 " means a casual employee who performs general cleaning duties before, during and after an event (as defined above), and shall include, but not be limited to, duties such as: operating hand-held powered equipment such as blowers, vacuum cleaners and polishers, wiping of seats, cleaning toilets used by the general public, picking up rubbish, vacuuming around and under seats, sweeping under and around seats, vacuuming and cleaning table tops, and other work of a manual nature and is subject to direct supervision.
(c) "Event Services Employee Grade 2" means a casual employee who performs cleaning duties before, during and after an event (as defined above) and who, in addition to performing when required all of the duties of a Grade 1 employee, drives/operates ride-on powered sweeping and scrubbing machines, mobile compaction units, vehicular rubbish collection; operates steam cleaning and pressure washing equipment; is responsible for the distribution and ordering of stores and supplies; is responsible for the supervision of Grade 1 employees in the performance of their duties; delivers on-the-job training and is subject to general supervision.
(d) "Event Services Employee Grade 3" means a casual employee who, in addition to performing when required all of the duties of a Grade 1 or Grade 2 employee, is an operations trainer/work co-ordinator.
(iv) Hospital Cleaners — "Hospital Cleaners" shall mean employees of cleaning contractors engaged to perform work in public hospitals.
5. Hours
(i) Ordinary working hours, exclusive of meal times, shall not exceed an average of 38 per week, over a four-week cycle, nor exceed eight per day and shall be worked as follows:
(a) Day Workers — Between the hours of 6.00 a.m. and 6.00 p.m. on any five consecutive days Monday to Sunday, inclusive, to be worked on each day in one shift, provided that current employees as at 19 January 1994 who commenced work at 6.00 a.m. shall nevertheless continue to be classified and paid as early morning shift workers as defined.
(b) Shift Workers — On any five consecutive days Monday to Sunday, inclusive, to be worked on each day in one shift.
(c) Broken Shift Workers — Between the hours of 5.00 a.m. and 9.00 p.m. or, alternatively, between the hours of 5.30 a.m. and 9.30 p.m. on any five consecutive days Monday to Sunday, inclusive, in not more than two shifts on any one day within a maximum spread of 13 hours, provided that:
(1) By arrangement between an employer, the Union and the employee concerned, broken shifts may be worked in not more than two shifts in any one day within a maximum spread of 14 hours subject to such arrangement being committed to writing in the form set out in Appendix A
(2) Arrangements made pursuant to subparagraph (1) of this paragraph shall be committed in writing in the form as set out in Appendix A.
(3) Arrangements made pursuant to subparagraphs (1) and (2) of this paragraph shall continue in force for a period of three months and thereafter, unless rescinded by either party to the arrangement, by the giving of seven days notice, provided that the arrangement may be varied at any time by the consent of the parties.
(4) The document recording the agreement reached pursuant to this subclause, that is, Appendix A, shall be signed by all employees concerned, within one month of the arrangement being implemented and a copy forwarded to the Union office, within ten days of such arrangement being signed by the employee(s).
(d) Seven-day Shift Workers — An employee may be employed as a seven-day shift worker, in which case the ordinary hours shall not exceed eight in any consecutive 24, or an average of 38 per week, or an average of 76 in 14 consecutive days.
(e) A seven-day shift worker shall, for work done during the ordinary hours of any such shift, Monday to Friday, be paid ordinary rates prescribed by clause 7, Wages.
(ii) Extended ordinary hours not to exceed an average of 38 per week over a four-week cycle may be worked as follows:
(a) Non-retail Establishments — By arrangement between an employer, the union and the majority of employees employed at a non-retail building or establishment, ten ordinary working hours per day or shift may be worked over four consecutive days, subject to:
(1) proper health monitoring procedures being introduced;
(2) suitable roster arrangements being made; and
(3) proper supervision being provided.
(b) Retail Establishments — By arrangement between an employer, the union and the majority of employees employed at a retail building or establishment, ordinary working hours may be worked not exceeding eight per day over five days, provided that on one day of the week only ordinary hours may be worked, to a maximum of 11 hours (excluding meal breaks).
(c) Once agreement is reached to work extended hours, all employees shall be notified of:
(1) the number of ordinary hours to be worked each week;
(2) the days of the week on which such work is to be performed; and
(3) the commencing and ceasing times of such hours of work for each day of the week on which work is to be performed.
This subclause and subclauses (i) and (iii) of this clause, once ratified, shall not be changed except by a week's notice in accordance with subclause (iii) of clause 2, Contract of Employment.
(iii) A crib time for shift workers, as defined in clause 3, Definitions, of not less than 20 minutes shall be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift. Time allowed as crib time shall be regarded as time worked and shall be paid for as such. A ten-minute paid tea break shall be given to all full-time shift workers working a straight shift.
(iv) An unpaid meal break for day workers, as defined in paragraph (a) of subclause (i) and paragraph (a) of subclause (ii) of this clause, of not less than 30 minutes and not more than one hour, shall be allowed for a meal. An employee shall not be required to work for more than four and one half hours without a meal break except in cases of emergency, when the time may be extended to five hours. A ten-minute paid morning tea break and a ten-minute paid afternoon tea break shall be given to all day workers and broken shift workers.
(v) Employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts as described in subclause (vii) of clause 3, Definitions working more than four hours each working day shall be given a ten-minute paid tea break. Provided that full-time employees working either a broken shift or straight shift shall be given a ten-minute paid morning tea break and a ten-minute paid afternoon tea break. In the case of employees normally working a broken shift but employed to work straight shifts in school vacations, a paid crib break of 20 minutes shall be taken in lieu of such breaks.
(vi) Except as for broken shift workers, there shall be no broken shifts except for meals; provided that any subsequent start(s) shall be covered by the provisions of clause 11, Call Back and Rest Break.
(vii) An employee required to work on a rostered day off shall be paid the rate prescribed in clause 10, Overtime and Meal Allowances, except for time worked on Sundays, which shall be paid for at the rate of double time and time worked on public holidays, which shall be paid for at the rate of double time and one half.
(viii) Where work is performed as prescribed in subclause (vii) of this clause on a Sunday or a holiday, such employee shall be paid a minimum of three hours at the appropriate rate.
(ix) Where site operational requirements prevent cleaning access or makes cleaning access difficult at an employees regular shift times, an employee may be required, on one day of the week only, to vary their regular shift times by up to one hour on either side of the employees normal shift times. Provided that a Day Worker who commences at 6:00.a.m. may be required, during Monday to Friday, inclusive, to vary their regular shift times by up to one hour at the commencement of the employees normal shift time. Employees required to vary their shift time shall be paid for each hour of their shift at the rate applicable for ordinary time work at that hour of the day. This provision shall not apply to sites cleaned under contracts defined as New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions.
6. Rostered Days Off (RDO)
(i) The ordinary hours of work shall be an average of 38 per week as provided in subclauses (i) and (ii) of clause 5, Hours, worked as a four-week cycle from Monday to Friday, inclusive.
(ii) Accrual of rostered days off credits for full-time employees shall be on the basis of such employees continuing to work 40 hours per week at ordinary rates of pay and accruing two hours pay per week. The two hours accrued shall be calculated at ordinary rates of pay. Work performed in excess of 40 hours per week shall be paid at overtime rates, in accordance with clause 10, Overtime and Meal Allowances.
(iii) By agreement between the employer and employee at the time of engagement at the employees site, the implementation of 38 hour week for full-time employees other than those engaged at sites cleaned under contracts defined as New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions, shall be set as follows:
(a) by the employer fixing one work day in the fourth week of the cycle as a rostered day off;
or
(b) the employer may fix two days in which the employee may be rostered off for two half days during the four- week cycle, provided that such half days are either a Monday or Friday;
or
(c) Accumulation — Employees may accumulate rostered days or shifts off, provided that in any case no more than five rostered days or five rostered shifts off may be accumulated. The employee shall take accumulated rostered days or shifts off by mutual agreement with the employer; provided that the value of all accumulated shifts or proportion thereof that are untaken shall be paid to the employee on termination;
or
(d) by working a shorter day of seven hours 36 minutes per day or a shorter working week, provided that a current full-time employee as at the date of the making of this award who currently takes a rostered day or days off in accordance with paragraphs (a) and (b) of subclause (iii) of this clause, may decline to work the shorter day of seven hours 36 minutes or a shorter working week.
(iv) Rostered days off for part-time employees shall be given as a right at establishments where such provision applied at 28 January 1994, and for all employees other than casual employees at all sites cleaned under contracts defined as New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions.
At other establishments where the employer and employee agree, an entitlement to accrue rostered days off shall be achieved by discounting the part-time rate of pay set out in Tables 1A and 1B — Cleaning Services Stream, of Part B, Monetary Rates, by five per cent. The rostered days off shall then be set as follows:
(a) by the employer fixing one work day in the fourth week of the cycle as a rostered day off, provided that the rostered day off shall be on a day on which the employee is normally rostered to work; or
(b) employees may accumulate rostered days or shifts off by agreement with the employer, provided that in any case no more than five rostered days or five rostered shifts off may be accumulated. The employee shall take accumulated rostered days or shifts off by mutual agreement with the employer; provided that the value of all accumulated shifts or proportion thereof that are untaken shall be paid to the employee on termination.
(v) (a) Each day of paid leave taken (including annual leave but not including long service leave) and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.
(b) An employee whose contract of employment terminates prior to the date(s) scheduled for the taking of a rostered day (or days) off and who has accrued rostered day off credits shall be paid the value of such credits on termination.
(c) (1) Employees other than those engaged pursuant to the New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions shall be entitled to no more than 12 paid rostered days or 24 paid half days off in any 12 months of consecutive employment.
(2) Rostered days off for employees who work in schools and TAFE colleges pursuant to the New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions, will be scheduled during the March/April, June/July, September/October and Christmas vacation periods to suit the needs of the employer. A roster for the dates of the taking of such accumulated leave shall be agreed between the union and the employer by December of the year before such leave is to be taken.
(3) Paid rostered days off for employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts shall be granted on the basis of one day off in each 20 days, being a total of 13 days each year.
(d) Notice — Except as provided elsewhere in this award, an employee shall be given no less than two weeks' notice by the employer of the rostered day or shift off that is to be taken. Provided, however, that an employer may substitute the day or shift an employee is rostered off duty where an emergency situation occurs.
(e) Substitution — An individual employee, by agreement with the employer, may substitute the day or shift rostered off duty for another day, provided that in the case of a part-time employee the substituted day must be taken on a day on which the employee would normally be rostered to work.
(f) Rostered Day Off Falling on a Public Holiday — Where an employees rostered day or shift 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 no such agreement is reached the substituted day shall be determined by the employer.
(g) Subject to paragraph (f) of this subclause, where an employee is required to work on a rostered day or shift off, the employee shall be paid at ordinary time but shall be entitled to take the rostered day off no later than seven days following such day.
(h) Sickness on Rostered Day Off — Where an employee is sick or injured on a rostered day or shift off the employee shall not be entitled to sick pay nor shall sick pay entitlement be reduced as a result of the sickness or injury on that day.
(i) Overtime — The hourly rate for payment of overtime in this part shall be calculated by dividing the weekly rate by 38.
(j) Payment of Wages — In the event that an employee, by virtue of the arrangement of ordinary working hours 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 such pay day.
(k) Compassionate Leave — An employee shall not be entitled to leave under clause 23, Bereavement Leave, in respect of any period which coincides with any other period of leave entitlement under this award or otherwise or in respect of a rostered day or shift off duty.
7. Wages
(i) Cleaning Services Stream —
(a) Adult Weekly Employees — The minimum weekly rates of pay for the various categories of employees shall be as set out in Column A of Tables 1A and 1B —Wages — Cleaning Services Stream, of Part B, Monetary Rates. The said minimum rate shall be exclusive of any Saturday, Sunday or holiday penalties which shall apply where appropriate. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set out in Tables 6A and 6B — Saturday and Sunday Ordinary Time — Cleaning Services Stream, of Part B, Monetary Rates.
(b) Part-time and Casual Employees —
(1) The minimum ordinary hourly rate of pay for the various categories of part-time and casual employees shall be as set out in Columns B and C, respectively, of the said Tables 1A and 1B.
Provided that overtime and/or Saturday and/or Sunday and/or holiday penalty rates shall apply in addition to the said minimum ordinary hourly rate of pay where appropriate. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set in the said Tables 6A and 6B of Part B, Monetary Rates. The rates of pay prescribed shall be paid for all ordinary time worked and for all incidences of paid leave.
(2) Casual Rate — The casual rate of pay shall be calculated by adding a loading of one-twelfth to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave — The casual hourly rates as set out in Column C of Tables 1A and 1B include the one-twelfth loading payable to casual employees in lieu of annual holidays as prescribed by the Annual Holidays Act 1944.
(4) The hourly rates of pay for part-time and casual employees shall be calculated to the nearest whole cent, any amount therein of less than half a cent to be disregarded.
(5) The hourly rates prescribed in Column B of Tables 1A and 1B shall be adjusted for State Wage Case decision purposes by the percentage movements in the rate prescribed in Column A of Tables 1A and 1B for full-time afternoon shift workers; provided that the hourly rates prescribed for part-time or casual night shift workers shall be adjusted in accordance with the percentage movement in the rate prescribed in Column A of Tables 1A and 1B for full-time night shift workers.
(c) Broken shift workers paid in accordance with Tables 1A and 1B shall be paid the rate so prescribed for all ordinary time worked and for all paid leave.
(d) Broken shift workers engaged pursuant to the New South Wales Government Sites Cleaning Contracts shall be paid the rates of pay and allowances set out in Part B, Monetary Rates, for all paid leave and for all time worked, including any time when straight shifts are worked (e.g., school vacation periods).
(ii) Property Services Stream —
(a) Adult Weekly Employees — The minimum weekly rates of pay for the various categories of employees shall be as set out in of Tables 2A and 2B — Wages — Property Services Stream, of Part B, Monetary Rates. The said minimum rate shall be exclusive of any Saturday, Sunday or holiday penalties which shall apply where appropriate. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set out in Tables 7A and 7B of Part B, Monetary Rates.
(b) Part-time and Casual Employees —
(1) The minimum ordinary hourly rates of pay for the various categories of part-time and casual employees shall be as set out in the said Tables 2A and 2B of the Wages - Property Services Stream of Part B, Monetary Rates.
Provided that overtime and/or Saturday and/or Sunday and/or holiday penalty rates shall apply in addition to the said minimum ordinary hourly rate of pay, where appropriate. The rates of pay prescribed shall be paid for all ordinary time worked and for all incidences of paid leave. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set out in Tables 7A and 7B of Part B, Monetary Rates.
(2) Casual Rate — The casual rate of pay shall be calculated by adding a loading of one-twelfth to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave — The casual hourly rates as set out in Column C of Tables 2A and 2B include the one-twelfth loading payable to casual employees in lieu of annual holidays, as prescribed by the Annual Holidays Act 1944.
(4) The hourly rates of pay for part-time and casual employees shall be calculated to the nearest whole cent, any amount therein less than half a cent to be disregarded.
(iii) Event Services Stream —
(a) Casual Employees —
(1) (A) The minimum ordinary hourly rate of pay for work on Monday to Friday for the various categories of casual employees shall be as set out in Rate 1 of Tables 3A and 3B —Wages ( Event Services Stream, of Part B, Monetary Rates.
(B) The said minimum ordinary hourly rate of pay for work on Saturdays, Sundays or public holidays for the various categories of casual employees shall be as set out in Rate 2 of the said Tables 3A and 3B. The said minimum ordinary hourly rate as set out in Rate 2 shall be inclusive of any Saturday, Sunday or holiday penalties and annual leave which would otherwise apply where appropriate.
(2) Annual Leave — The casual hourly rates as set out in Rates 1 and 2 of the said Tables 3A and 3B include the one-twelfth loading payable to casual employees in lieu of annual holidays as prescribed by the Annual Holidays Act 1944.
(iv) Hospital Cleaners —
(a) Adult Weekly Employees —
(1) The minimum weekly rate of pay for the various categories of full-time employees shall be as set out in Column A of Tables 4A and 4B — Wages — Hospital Cleaners, of Part B, Monetary Rates. The said minimum rate shall be exclusive of any overtime and Saturday, Sunday or holiday penalties which shall apply where appropriate. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set out in Tables 8A and 8B of Part B, Monetary Rates.
(b) Part-time and Casual Employees —
(1) The minimum ordinary hourly rate of pay for the various categories of part-time and casual employees shall be set out in Columns B and C respectively of the said Tables 4A and 4B. The said minimum ordinary hourly rates of pay shall be exclusive of any overtime and Saturday, Sunday or holiday penalties which shall apply where appropriate. The rates of pay shall be paid for all ordinary time worked for all incidences of paid leave. The rates of pay for ordinary hours worked on a Saturday or a Sunday shall be as set out in Tables 8A and 8B of Part B, Monetary Rates.
(2) Casual Rate — The casual rate of pay shall be calculated by adding a loading of one-twelfth to the part-time hourly rate of pay for the relevant classification.
(3) Annual Leave — The casual hourly rates as set out in the said Column C include the one-twelfth loading payable to casual employees in lieu of annual holidays as prescribed by the Annual Holidays Act 1944.
(4) The hourly rates of pay for part-time and casual employees shall be calculated to the nearest whole cent, any amount therein of less than half a cent to be disregarded.
(v) Operative Dates ( The operative dates of the wage rates contained in Tables 1A to 8B of Part B, Monetary Rates, are as follows:
Table 1A — The first pay period to commence on or after 1 March 2001.
Table 1B — The first pay period to commence on or after 1 March 2002.
Table 2A — The first pay period to commence on or after 1 March 2001.
Table 2B — The first pay period to commence on or after 1 March 2002.
Table 3A — The first pay period to commence on or after 1 March 2001.
Table 3B — The first pay period to commence on or after 1 March 2002.
Table 4A — The first pay period to commence on or after 1 March 2001.
Table 4B — The first pay period to commence on or after 1 March 2002.
Table 5A — The first pay period to commence on or after 1 March 2001.
Table 5B — The first pay period to commence on or after 1 March 2002.
Table 6A — The first pay period to commence on or after 1 March 2001.
Table 6B — The first pay period to commence on or after 1 March 2002.
Table 7A — The first pay period to commence on or after 1 March 2001.
Table 7B — The first pay period to commence on or after 1 March 2002.
Table 8A — The first pay period to commence on or after 1 March 2001.
Table 8B — The first pay period to commence on or after 1 March 2002.
8. Additional Rates and Allowances
(i) Leading Hand — Employees placed in charge of other employees shall be paid a weekly allowance as set out in Item 1 of Tables 5A and 5B — Other Rates and Allowances, of Part B, Monetary Rates, in addition to the ordinary wages (provided that the provisions of this clause shall not apply to Building Services Employees Grade 2).
(ii) Part-time employees shall be paid pro rata of the above weekly rates, with a minimum payment as for 25 hours per week.
(iii) Qualification Allowance — This allowance ceases to apply to employees as of 1 March 2001. Provided that any employee who has completed successfully the Cleaning Supervisors Course at the Sydney Technical College, or a course deemed by the employer to be of equivalent qualification and was paid the allowance as at 1 March 2001, shall continue to be paid an additional weekly allowance as set out in Item 2 of the said Tables 5A and 5B.
(iv) A part-time employee who has successfully completed the course specified in subclause (iii) of this clause, or a course deemed by the employer to be of equivalent qualification and was paid the allowance as at 1 March 2001, shall continue to be paid the amount specified in the said subclause (iii) on a pro rata basis.
(v) First-aid — Where an employee is a qualified first-aid attendant and such qualification is required by the employer, such employee shall be paid an allowance each day or shift as set out in Item 3 of Tables 5A and 5B.
(vi) Refuse Disposal — Employees engaged for the major portion of their time on refuse disposal, sorting or feeding of incinerators, furnaces, crushers or compactors shall be paid an additional allowance per day or shift as set out in Item 4 of Tables 5A and 5B.
(vii) Toilet Cleaning — At sites other than sites cleaned under contracts defined as New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions, employees whose duties include cleaning 1 to 10 toilet cubicles and/or urinals shall be paid an additional allowance per day as set out in Item 5 of Tables 5A and 5B. Where an employees duties include cleaning more than 10 toilet cubicles and/or urinals they shall be paid an additional allowance per day as set out in Item 5 of Tables 5A and 5B. Provided that:
(a) this allowance shall not be payable where the duties of an employee in and around ablution facilities only involves periodic checking and reporting on levels of cleanliness and/or replenishment of supplies.
(b) an allowance for cleaning toilets as prescribed by this subclause clause shall not apply to employees of contractors engaged to perform work in public hospitals.
Hygiene Maintenance Allowance — At sites cleaned under contracts defined as New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions, Employees whose duties include
(a) cleaning toilets; or
(b) more than one or all of the following duties:
(1) refuse disposal and/or sorting for incinerators and furnaces, cleaning of ablution facilities, clearing of minor plumbing blockages, receiving appropriate stores or minor repair of non-electrical equipment;
(2) cleaning toilets, including cleaning toilets twice by reason of use of these amenities by persons occupying school premises for other than school work or by students attending evening continuation classes. Provided that toilets of both sexes may be cleaned by either male or female cleaners as long as appropriate steps are taken to ensure that the lavatories are not in use at the time of cleaning. Appropriate warning signs are to be supplied by the employer;
(3) using multipurpose machines, mobile sweeping machines, and other similar mechanical equipment and operating fork lifts;
(4) moving furniture for more than three hours on any day or shift,
shall be paid an additional allowance per day or shift as set out in Item 6 of Tables 5A and 5B.
(ix) Steam Cleaners and Window Cleaners — Employees working on the exterior of multi-storied buildings from swinging scaffolds, bosun's chairs or similar devices shall be paid an additional allowance for each hour or part thereof worked as set out in Item 7 of Tables 5A and 5B.
(x) Broken Shifts — Employees working broken shifts shall be paid an allowance per week as an excess fares allowance in addition to the rates otherwise payable under this award as set out in Item 8 of Tables 5A and 5B.
(xi) Locomotion using vehicle ( Where an employee is required by the employer to use a motor vehicle (including a motor cycle) for the purposes of transporting cleaning equipment necessary for the carrying out of the employees duties, such vehicle shall be supplied and maintained by the employer but, where an employee by arrangement with the employer provides the employees own vehicle the employee shall, in addition to all payments otherwise due to such employee, be paid an allowance as set out in Item 9 of Tables 5A and 5B.
The amount specified shall be payable for the actual kilometres travelled by the employees vehicle each week in connection with the employees employment, which shall include kilometres travelled to and from the place where the vehicle is customarily housed.
(xii) Locomotion using bicycle( Where an employee supplies a bicycle for use in the employer's business, the employee shall be paid an allowance as set out in Item 10 of Tables 5A and 5B.
(xiii) Travelling Time — Where an employee is sent to work from an employer's recognised place of business, the employer shall pay travelling time at the appropriate ordinary time rate from such place of business to the job and, if the employee is required to return the same day to the employer's place of business, the employer shall pay all travelling time at the appropriate ordinary time rate to the place of business. An employee sent for duty to a place other than such employees regular place of duty, or required by the employer to attend a court or any inquiry in connection with the employees employment, shall be paid all travelling expenses.
(xiv) Travel Allowance — Where an employee is required to cease or to commence duty at a time when the usual means of conveyance are not available the employee shall, at the employer's expense, be conveyed to a point nearest the employees home or place of duty to which such employee ordinarily would proceed during hours of public conveyance. Where an employee is required to work on more than one site in a day or shift such employee shall be paid the appropriate travelling allowance as set out in Item 11 of Tables 5A and 5B for the distance between the sites where the employee necessarily incurs cost in such travel.
(xv) Broken Hill Remote Area Allowance — Employees in the County of Yancowinna, pursuant to the New South Wales Government Sites Cleaning Contracts, shall receive a remote area living, climatic and disability allowance per week as set out in Item 12 of Tables 5A and 5B, to be known as the "Broken Hill — remote area allowance". Existing employees as at the date of the making of this award working in locations in the Western Division of the State, shall continue to receive a weekly allowance as a remote area living, climatic and disability allowance as salary make-up pay.
(xvi) Pool/Spa Allowance — Where an employee is required to clean the inside of swimming pools, hydrotherapy pools, spas, and the like, such employee shall be paid an allowance as set out in Item 13 of Tables 5A and 5B.
(xvii) Hospital Cleaners — Subject to paragraph (b) of subclause (vii) of this clause, the various categories of employees of contractors engaged to perform work in hospitals shall be paid, if so entitled, the additional rates and allowances contained in Item 14 to 16 of Tables 5A and 5B.
(xviii) In addition to any entitlement arising under subclause (xvii) of this clause, the various categories of employees shall be paid, if so entitled, the additional rates and allowances pertaining only to work in hospitals:
(a) Infection allowance — Employees working in infectious areas or areas affected by infectious disease provisions shall be paid an allowance as set out in Item 14 of Tables 5A and 5B.
(b) For each shift or part thereof during which an employee is engaged handling linen of a nauseous nature other than linen sealed in bags, the employee shall be paid an allowance as set out in Item 15 of Tables 5A and 5B.
(c) Uniforms or overalls shall be supplied free of cost to each employee by their employer. Where an employee launders a uniform supplied by the employer, an allowance shall be paid as set out in Item 16 of Tables 5A and 5B.
9. Saturday and Sunday Work
(i) All employees required to work their ordinary hours on a Saturday shall be paid the hourly rate applicable for their classification as set out in the appropriate table in Part B, Monetary Rates.
(ii) All employees required to work their ordinary hours on a Sunday shall be paid the hourly rate applicable for their classification as set out in Sunday (A) in the appropriate table in Part B, Monetary Rates.
(iii) Employees who as at 19 January 1994 received double time for ordinary hours of work on a Sunday shall continue to do so and shall be paid the hourly rate applicable for their classification as set out in Sunday (B) in the appropriate table in Part B, Monetary Rates.
(iv) An employee required to work ordinary hours on a Sunday shall be paid a minimum of three hours for each start, except where the provisions of paragraphs (a) or (b) of subclause (iii) of clause 12, Part-time Employees, applies, in which case a minimum of two hours shall apply.
(v) Employees required to work on a Sunday not part of their ordinary hours shall be paid for all time so worked at double time.
10. Overtime and Meal Allowances
(i) Subject to clause 9, Saturday and Sunday Work, for all work done outside the ordinary hours the rate 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) Employees required to work two hours or more overtime after their normal shift shall receive a 20-minute crib break at the end of the normal shift at the ordinary time rate of pay. If overtime extends beyond a total of four hours, a further 20-minute crib break at overtime rates shall be granted.
(iii) Meal Allowances ( Where an employee is required to work overtime in excess of two hours on any day or shift without being notified of such requirement on or prior to the termination of work on the previous day or shift, as the case may be, the employee shall be paid an allowance as set out in Item 17 of Tables 5A and 5B ( Other Rates and Allowances, of Part B, Monetary Rates, or be supplied with a meal to the value of such rate and, if required to work four or more hours overtime, shall be paid an allowance as set out in Item 18 of the said Tables 5A and 5B or be supplied with a meal to the value of such rate for each four hours of overtime worked.
11. Call Back and Rest Break
(i) An employee required to attend the employer's premises and/or the premises of a client or clients of an employer for any reason other than carrying out the employees rostered duties after leaving the employees place of employment (whether notified before or after leaving the employees place of employment), shall be paid a minimum of four hours' pay at the appropriate rate for each such attendance; provided that this subclause shall not apply where a period of duty is continuous (subject to a meal break) with the completion or commencement of ordinary working time.
(ii) Rest Period After Overtime — Where overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
An employee who works so much overtime between the termination of the employees ordinary work on one day and the commencement of the employees ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. It is the employees responsibility to have the required break but if, on the instructions of their employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty 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.
12. Part-time Employees
(i) Part-time employees may be employed under the terms of this award, subject to the following conditions:
(a) Such employees shall be engaged by the week for a constant number of ordinary hours each week less than the ordinary number of hours prescribed for full-time employees.
(b) Such employees shall be paid in accordance with the appropriate provisions of clause 7, Wages.
(ii) Part-time employees may be employed on broken shifts as follows:
(a) Any such employment shall be worked in no more than two shifts per day over five consecutive days within the spread of hours prescribed for broken shift workers in subclause (i) of clause 5, Hours.
(b) Employees so employed shall be paid a minimum payment of 20 ordinary hours per week (or four hours per day) at the appropriate hourly rate. Any penalty or overtime payment or any entitlement which may arise under any other provision(s) of this award shall be paid in addition.
(c) Any third or subsequent shifts or start per day shall be covered by the provisions of clause 11, Call Back and Rest Break.
(iii) Subject to paragraphs (a), (b) and (c) of this subclause, part-time employees shall be paid a minimum payment of three hours at the appropriate ordinary hourly rate for each start, provided that:
(a) Where only one employee is employed at a small location, the employee shall work and be paid on a one-shift basis of no less than two hours where the total assessed cleaning area is 500 square metres or more, and no less than one hour where the total assessed cleaning area is less than 500 square metres.
(b) Where two or more employees are employed at a location, one employee may be employed and paid on a one-shift basis of no less than two hours each day (i.e., ten ordinary hours per week) at the appropriate rate; provided that the other employees are engaged in accordance with the minimum start provisions as provided for elsewhere in this award.
(c) Employees shall be paid a minimum payment of two hours at the appropriate rate for each start on a Saturday where that shift is overtime or where the shift is ordinary time and only one employee is employed in the building or location.
(d) The said minimum payments shall not be in substitution for any penalty or overtime payment which may arise under any other provision(s) of this award.
(e) The provisions of paragraphs (a), (b) and (c) of this subclause also apply to casual employees as defined in subclause (iv) of clause 3, Definitions.
(iv) By agreement with the employer, a part-time employee who normally works their ordinary hours on a one-shift basis (rather than as a broken shift) may, on a Monday or a Friday only, work an additional shift despite the provisions of clause 5, Hours; provided that:
(a) this subclause shall apply only to establishments which are open and trade for seven days of the week; and
(b) this subclause shall not apply to employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts pursuant to subclause (vii) of clause 3, Definitions.
(v) Second Engagement for Full-time Employees at the Part-time Rate ( After the cessation of ordinary hours of work, a full-time employee may be engaged on a second engagement as a part-time employee with the same employer on the following basis:
(a) The second engagement as a part-time employee shall be a separate engagement from the employees full-time position and will attract and be paid all award and statutory entitlements.
(b) Termination of employment in either engagement shall not prejudice employment in the other engagement.
(c) The hours of work in the part-time second engagement shall, as far as possible, be continuous with the cessation of the ordinary hours of work as a full-time employee.
(d) The part-time second engagement shall be for a constant number of ordinary hours per week less than the ordinary number of hours prescribed for full-time employees in subclause (ii) of clause 3, Definitions.
(e) Full-time employees working extended ordinary hours in accordance with subclause (ii) of clause 5, Hours, shall not be engaged on a second engagement as a part-time employee, and are excluded from the provisions of this subclause.
(vi) Employees under this award engaged as part-time employees may, by mutual agreement, work additional hours above their regular rostered hours for the purposes of relieving a short term absence, provided that such additional hours are continuous with the cessation of their regular rostered ordinary hours. Such additional hours shall be paid at the casual rate of pay as set out in Column C of Tables 1A and 1B ( Wages ( Cleaning Services Stream, Tables 2A and 2B ( Wages ( Property Services Stream, and Tables 4A and 4B ( Wages ( Hospital Cleaners, of Part B, Monetary Rates. The said rate of pay shall be the minimum ordinary rate of pay in respect of ordinary hours worked Monday to Friday. All hours worked in excess of eight ordinary hours shall be paid at the appropriate overtime rates in accordance with clause 10, Overtime and Meal Allowances, of this award. Such additional hours shall attract an entitlement to superannuation and shall be separately identified on an employees payslip.
13. Casual Employees
Casual employees may be employed under the terms of this award, subject to the following conditions:
(i) The definition of a casual employee (see subclause (iv) of clause 3, Definitions).
(ii) The ordinary hours of work of casual employees shall be subject to the limitations applicable to full-time employees. Provided that the provision for the part-time employees in subclause (xi) of clause 3, Definitions, shall also apply to casual employees.
(iii) A casual employee shall be paid a minimum of three hours for each engagement, unless otherwise provided for in this award, except where engaged pursuant to the provisions of subclause (iii) of clause 12, Part-time Employees.
(iv) Payment of Wages ( Casual employees shall be paid, by electronic funds transfer into a bank or other such account, all moneys that are due on termination or completion of engagement on the next working day after such termination or completion; provided that payment may be made by cheque and sent by pre-paid post to the employee on the next working day after termination if so requested by the employee.
(v) The rate of pay for a casual employee as set out in Column C of Tables 1A and 1B — Wages ( Cleaning Services Stream, of Part B, Monetary Rates, is inclusive of any payment due to an employee in lieu of annual leave.
14. Supported Wage
(i) Definitions ( 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:
(a) "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.
(b) "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.
(c) "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, or any successor to that scheme.
(d) "Assessment Instrument" means the form provided under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.
(ii) Eligibility Criteria ( 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 productivity capacity, and who meet the impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment).
(This 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 are eligible for, a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the said Act or, if a part only has received recognition, that part).
(iii) Supported Wage Rates — 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 Percentage of Prescribed
(subclause (d)) Award Rate
10%* 10
20% 20
30% 30
40% 40
50% 50
60% 60
70% 70
80% 80
90% 90
(Provided that the minimum amount payable shall not be less than the amount as set out in Item 19 of Tables 5A and 5B ( Other Rates and Allowances, of Part B, Monetary Rates).
*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.
(iv) Assessment of Capacity — 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:
(a) the employer and a union party to the award, in consultation with the employee or, if desired, by any of these;
(b) the employer and an accredited assessor from a panel agreed to by the parties to the award and the employee.
(v) Lodgement of Assessment Instrument —
(a) All assessment instruments under the conditions 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 of New South Wales.
(b) All assessment instruments shall be agreed to and signed by the parties to the assessment; provided that, where a 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.
(vi) Review of Assessment — 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.
(vii) Other Terms and Conditions of Employment — Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this 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.
(viii) Workplace Adjustment — An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employees capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.
(ix) Trial Period —
(a) In order for an adequate assessment of the employees capacity to be made, an employer may employ a person under the provisions 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.
(b) During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
(c) The minimum amount payable to the employee during the trial period shall be no less than the amount as set out in Item 19 of Tables 5A and 5B — Other Rates and Allowances, of Part B, Monetary Rates.
(d) Work trials should include induction or training as appropriate to the job being trialed.
(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trail period, a further contract of employment shall be entered into, based on the outcome of assessment under subclause (iv) of this clause.
15. Payment of Wages
(i) The employer shall pay wages and other moneys to employees either weekly or fortnightly, depending on the employer's pay period, and the time of payment shall not be more than 48 hours from the time when such wages become due and shall not be later than Thursday in each week. An employer may pay in cash or by cheque or electronic funds transfer; provided that payment other than in cash shall not remove the obligation to pay as prescribed by this clause.
(ii) The employer shall specify the day upon which wages shall be paid, in accordance with subclause (i) above, and any employee who is not paid on such day shall be paid overtime rates for all time subsequently worked until payment is made. Provided further that where an employee is normally paid on the job or at the work site and such employee is rostered off duty on a day which coincides with pay day, then such employee shall be paid no later than the working day immediately following pay day.
(iii) Should a pay be miscalculated or incorrectly shown on a payslip, the right to claim waiting time shall be waived, provided that the employee has been paid the ordinary base rate of pay and provided, further, that such underpayment or error is corrected and paid to the employee within five working days of notification by the employee to the pay office of the employer concerned. Where such underpayment or error is not corrected and paid to the employee within five working days then waiting time as provided for in subclause (ii) of this clause shall apply. For the purposes of this subclause, working days shall mean week days.
(iv) An employee, other than a casual employee, shall be paid their termination monies by no later than within five working days of the date of the termination.
16. Relieving in Other Positions or Classifications
(i) An employee required to work in another position or classification for 50 per cent or more of the ordinary hours rostered for their day or shift, on duties carrying a higher rate of pay than the employees ordinary classification, then such employee shall be paid the higher rate for the whole of such day or shift; provided that where an employee is engaged for less than 50 per cent of their ordinary hours on any day or shift, then the employee shall be paid the higher rate for time so worked only.
(ii) An employee who is called upon to perform duties for which a lower rate of pay is fixed shall not suffer any reduction in pay for the carrying out of such duties.
17. Miscellaneous Conditions
(i) Clothing — Clean clothing shall be supplied where the employer requires such to be worn.
(ii) Cleaning Materials ( All cleaning materials and equipment shall be supplied by the employer.
(iii) Boiling Water ( Hot water shall be provided by the employer where practicable.
(iv) Accommodation for Meals — Employers shall allow employees to eat their meals in a suitable place protected from the weather, and every such employee shall leave such place in a thoroughly clean condition.
(v) The following items, which shall remain the property of the employer, shall be supplied to employees:
(a) Rubber Boots — Where employees are required to work in water or in "wet areas" such as toilet ablution blocks and external areas where water is used as part of the cleaning process.
(b) Rubber Gloves — Where employees are required to clean toilets or to use acids or other injurious substances.
(c) Dressing Accommodation ( Suitable dressing rooms or dressing accommodation and lockers where it is necessary or customary for employees to change their dress or uniform.
(d) Protective Clothing — Suitable wet weather clothing, including a waterproof coat or cape, waterproof hat, trousers and boots, where an employee is required to work in inclement weather.
(e) Eye goggles for cleaners who are required to empty rubbish tins and tend incinerators, or work in areas where airborne particles are a hazard.
(f) Long rubber gloves when using detergents or similar cleaning chemicals.
(g) Leather gloves for cleaners who are required to collect rubbish bins, carry refuse and sweep outside areas.
(h) Broad brim hats for cleaners who are required to work out of doors.
(vi) Lifting of Weights — An employee shall not be required or permitted to lift or carry by hand a greater weight than that prescribed in the Occupational Health and Safety (Manual Handling) Regulation 1991 to the Occupational Health and Safety Act 2000.
Each machine or item of equipment required to be used by an employee having a nett weight of over nine kilograms shall have attached to it a painted sign or permanent label specifying the nett weight (in kilograms) of such machine or item of equipment.
(vii) Security Licence — Where an employee is required to hold either a Class 1A or 1B licence pursuant to the provisions of the Security Industry Act 1997 and the Security Industry Regulation 1998 such employee shall have the cost of such licence reimbursed by the employer on completion of each 12 months' service on production by the employee of the original receipt issued by the New South Wales Police Department.
(viii) Pest Control Licence — Where an employee is required to hold a pest control licence or permit, such employee shall have the cost of such licence reimbursed by the employer.
(ix) Medical Examinations — Employees who are engaged to carry out pest control duties under this award shall undergo medical examinations every 12 months. The cost of such medical examinations shall be met by the employer. The employer is to keep records of such medical examinations, which shall be made available to the employee concerned on request.
(x) High Cleaning ( After 5.00 p.m., employees shall not be required to clean the outside of windows above the ground floor or the inside of windows if the employee is required to work more than three metres from the floor level.
18. Public Holidays
(i) The following holidays shall be observed: 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 and the picnic day of the union, which shall be held on the first Monday in August each year.
Where a substituted day is proclaimed or gazetted to replace any of the above days, the substituted day shall be the public holiday in lieu of the original day.
(ii) For employees other than those engaged pursuant to the New South Wales Government Sites Cleaning Contracts, picnic day shall be held as follows:
(a) An employer may substitute an alternative Monday or Friday within a six-month period of the first Monday in August as an alternative picnic day holiday, provided that the employees are notified in writing as at the first Monday in August of the date of such alternative day and, provided further, where an employees employment is terminated and the employee has not taken an alternative day, the employee shall be paid an additional day's pay on termination of employment.
(b) Where another day is observed as a holiday by the general body of workers in any building or establishment where the employee is usually employed, then such day shall be substituted for the picnic day of the union for such employees not required to work in that building or establishment on that day.
(iii) For employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts the date the picnic day is to be taken at the various sites shall be agreed between the employer and the union by December of the year before the picnic day is due to be taken.
(iv) Full-time and part-time employees shall be entitled to the above holidays without loss of pay.
(v) Employees shall be paid at the rate of double time and one half for all time worked on the above public holidays, with a minimum payment of three hours, except where the provisions of paragraphs (a) or (b) of subclause (iii) of clause 12, Part-time Employees, applies, in which case a minimum of two hours shall apply.
(vi) Except where a full-time or part-time employee is dismissed for serious and wilful misconduct, such an employee whose services are terminated by notice given by an employer to expire ten days or less before a public holiday or a group of public holidays, shall be entitled to be paid for such holiday or group of holidays in accordance with subclauses (i) and (ii) of this clause.
(vii) Seven-day Shift Workers —
(a) Where a public holiday occurs on a rostered day off of a seven-day shift worker, other than an RDO given pursuant to the provisions of clause 6, Rostered Days Off (RDO), and:
(1) Such employee is not required to work on that day, the employer shall add an additional day's pay to the employees weekly wage in respect of such day.
(2) The employer may, in lieu of the payment prescribed in subparagraph (1) of this paragraph, add a day to the employees annual leave.
(3) The provisions of this clause shall not apply to a part-time weekend employee as defined in subclause (iii) of clause 3, Definitions.
(4) The provisions of subparagraphs (i) and (ii) of this paragraph shall not apply to employees engaged on a non-rotating roster.
19. Annual Leave
(i) See Annual Holidays Act 1944.
(ii) Seven-day Shift Workers —
(a) In addition to the leave prescribed by the said Act, a further period of one week's leave at the appropriate ordinary rate shall be allowed annually to employees after not less than 12 months continuous service as seven-day shift workers under this award.
(b) An employee with 12 months continuous service who is employed for part of the 12-month period as a seven-day shift worker under this award shall be entitled to have the leave prescribed by the said Act increased by an amount of 3.5 hours for each month such employee is continuously employed as aforesaid.
(c) Where the additional leave calculated under this subclause includes a fraction of a day, such fraction shall not include a part of the leave period and any fraction shall be discharged by payment only.
(d) For the purpose of this clause, a seven-day shift worker means a weekly employee who is employed in accordance with the provisions of subclause (xvi) of clause 3, Definitions, and subclause (v) of clause 18, Public Holidays, and shall not include a part-time weekend employee as defined in subclause (iii) of the said clause 3.
(iii) Employees employed pursuant to a New South Wales Government Sites Cleaning Contract who are employed within the County of Yancowinna shall be entitled to five weeks annual leave each year.
(iv) The rates of pay for casual employees as set out in Column C of Tables 1A to 4B of Part B, Monetary Rates, shall be inclusive of any payment due to employees in lieu of annual leave.
20. Annual Leave Loading
(i) During a period of annual leave, a full-time employee shall receive a loading calculated at the rate of 17.5 per cent of the day shift rate of pay for a cleaner as set out in Tables 1A and 1B — Wages ( Cleaning Services Stream, of Part B, Monetary Rates. The loading will be paid in addition to the rates of pay paid for the applicable period of leave and in addition to the benefits prescribed by clause 19, Annual Leave.
(ii) During a period of annual leave, a part-time employee shall receive a loading calculated at the rate of 17.5 per cent of the employees ordinary time rate. The loading will be paid in addition to the benefits prescribed by the said clause 19.
(iii) When the employment of an employee terminates for a cause other than misconduct or resignation and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, such employee shall be paid a loading calculated in accordance with subclauses (i) and (ii) of this clause for the period of leave not taken.
21. Sick Leave
(i) An employee who, after not less than three months' continuous service with the employer, is unable to attend for duty during the employees ordinary working hours by reason of personal illness or incapacity not due to the employees own serious or wilful misconduct, shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance, subject to the following conditions and limitations:
(a) The employee shall not be entitled to paid leave of absence for any period in respect of which such employee is entitled to payment under the Workers' Compensation Act 1987, the Workers Compensation Legislation Act 1998 and the Workplace Injury Management and Workers Compensation Act 1998.
(b) The employee shall, where practicable, three hours before the commencement of the shift, or in any case within 24 hours of the commencement of such absence, inform the employer of the employees 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.
(c) The employee shall furnish to the employer satisfactory evidence that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed. A statutory declaration shall be deemed to be satisfactory evidence for the first three single day absences in any one sick leave year and thereafter an employer may accept statutory declarations at the employer's discretion.
(d) Subject to subclause (iii) of this clause, the employee shall not be entitled in the first year of service to more than five days' sick leave and to not more than ten days' sick leave in the second and subsequent years of service.
(e) Subject to subclause (iv) of this clause, during the first year of employment an employee shall be entitled to sick leave on the following basis:
After the first two months of continuous service — 1 day;
after four months' completed service — 2 days;
after six months' completed service — 3 days;
after eight months' completed service — 4 days;
after ten months' completed service — 5 days.
(f) During the second and each subsequent year of service, an employee shall be entitled to ten days' sick leave.
(ii) Part-time Employees ( For the purposes of this clause, part-time employees shall be entitled to sick leave in accordance with paragraph (d) of subclause (i) of this clause. A Part-time employees payment for sick leave, shall be based on the number of ordinary hours for which the employee was rostered to work on the day or days of the absence.
(iii) Cumulative Sick Leave ( The rights under this clause shall accumulate from year to year so that any part of the entitlement which has not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in any subsequent year of employment.
(iv) Definition of Continuous Service —
(a) For the purpose of this clause, continuous service shall be deemed not to have been broken by:
(1) any absence from work on leave granted by the employer; or
(2) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee); provided that time so lost shall not be taken into account in computing the qualifying period of three months.
(b) Service before the date of coming into force of this award shall be taken into account in computing the qualifying period of three months.
(v) Attendance at Hospital — Notwithstanding anything contained in subclause (i) of this clause, a full- time or part-time employee suffering injury or illness arising out of and in the course of the employees employment (not being an injury in respect of which the employee is entitled to workers' compensation benefits), necessitating attendance during working hours on a doctor, chemist or trained nurse, or at a hospital, shall not suffer any deduction from such employees 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, including fares, reasonably incurred in connection with such attendance.
(vi) Employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts shall be entitled to the transfer of all accrued sick leave whilst employed by the Government Cleaning Service as set out in the New South Wales Government Sites Cleaning Contracts.
22. Personal/Carer's Leave
(i) Use of Sick Leave —
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person as set out in subparagraph (2) of paragraph (c) of this subclause, who needs the employees care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 21, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(A) a spouse of the employee; or
(B) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(E) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid Leave for Family Purpose —
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person as set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.
(iii) Annual Leave —
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken.
(iv) Time Off in Lieu of Payment for Overtime —
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for the 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.
(v) Make-up Time —
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(vi) Rostered Days Off —
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
23. Bereavement Leave
(i) An employee, after one month's continuous employment with the employees present employer and on production of evidence satisfactory to that employer shall, on the death of a person as prescribed in subclause (iii) of this clause, be granted a maximum of three days on full pay in any one year as bereavement leave, provided that such leave shall be granted to an employee in respect of the death of a person prescribed in the said subclause (iii) outside Australia if such employee attends the funeral and subsequently returns to the employees employment, in which case, the payments for such leave shall be made to the employee upon such employees return. Provided, furthermore, that where a memorial service in the year of the death is held within Australia for a death overseas, bereavement leave of one day's duration shall be provided where satisfactory evidence is produced to the employer.
(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 for the purpose of personal/carer's leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 22, 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 (ii), (iii), (iv) (v) and (vi) of the said clause 22. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
24. Parental Leave
Employees shall be entitled to maternity, paternity or adoption leave in connection with the birth or adoption of a child, subject to and in accordance with Chapter 2, Part 4, Division 1, Parental Leave, of the Industrial Relations Act 1996.
25. Repatriation Leave
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 eight hours on each occasion.
(b) Payment shall be limited to the difference between the ordinary wage rate for time lost and any payment received from the Department of Veterans' Affairs as a result of each such visit.
(c) The provisions of this clause will apply to a maximum of four such attendances in any one year of service with an employer.
(d) The employee produces evidence satisfactory to the employer that the employee is required to attend, and subsequently does attend, a repatriation centre.
26. Jury Service Leave
(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 normal rates 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 jury service.
27. Long Service Leave
See Long Service Leave Act 1955.
28. Superannuation
The subject 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 and section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the Superannuation rights and obligations of the parties.
The required superannuation contributions in accordance with the Superannuation Guarantee (Administration) Act 1992 are as set out in subclause (iv), Contributions, of this clause.
Notwithstanding the above, the provisions in this award shall also apply.
(i) Definitions — In this clause:
(a) "ARF" means the Australian Retirement Fund established and governed by a Trust Deed and Rules dated 11 July 1986 (as may be amended from time to time).
(b) "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
(c) "Ordinary Time Earnings" means:
(1) the award classification rate;
(2) any overaward payment;
(3) any weekend and public holiday penalty rates earned by shift workers on normal rostered shifts forming the ordinary hours of duty when not worked as overtime;
(4) all allowances relating to work and conditions, other than expense related allowances.
(ii) Fund —
(a) For the purposes of this award, contributions made by employers in accordance with the provisions of subclause (iv), Contributions, of this clause shall be paid to ARF.
(b) An employer bound by this award shall become a participating employer by:
(1) forwarding to ARF a signed Admission Agreement to become a participating employer by the end of the calendar month in which admission is sought; and
(2) acceptance by the Trustees of ARF of the Admission Agreement.
(c) Each employer bound by this award shall provide every employee who is not already a member of ARF with a membership application form for ARF upon commencement of employment. Subject to section 124 of the Industrial Relations Act 1996, each employee shall be required to complete such form and the completed form shall be forwarded to ARF by each employer by the end of the calendar month in which employment commences.
(iii) Eligibility of Employees —
(a) An employee shall become eligible to join ARF on the day of commencement of employment.
(b) Subject to paragraph (a) of this subclause, an employee shall be enrolled in ARF upon the acceptance by ARF of a membership application form and shall, subject to the approval of the Trustees, be deemed to be a member of the scheme from the day of commencement of employment.
(iv) Contributions —
(a) Full-time Employees — An employer shall contribute to ARF, in respect of each employee, such contributions as are required to comply with the Superannuation Guarantee (Administration) Act 1992.
(b) Part-time and Casual Employees — An employer shall contribute to ARF, in respect of each employee, such contributions as are required to comply with the Superannuation Guarantee (Administration) Act 1992, and the Superannuation Guarantee Charge Act 1992, or on the basis listed below, whichever is the greater:
(1) For part-time employees working a broken shift, a payment of $12.50 per week for each complete week employed.
(2) For part-time and casual employees a payment of $6.00 for each week in which the employee is employed.
(3) For part-time and casual employees who, at the date of commencement of this award, were receiving $6.50 per week a payment of $6.50 each week the employee is employed.
(c) An employee shall not be required to contribute during any period of unpaid leave, such as sick leave or maternity leave. An employer shall not be required to contribute during any period when an employee is entitled to receive weekly workers' compensation benefits if a contribution is not required under the Superannuation Guarantee (Administration) Act 1992 or under any Superannuation Guarantee Ruling issued from time to time by the Australian Taxation Office.
(d) Notwithstanding the provisions of the Superannuation Guarantee (Administration) Act 1992, contributions shall be paid for eligible employees earning less than $450.00 per month.
(e) Notwithstanding the provisions of the Superannuation Guarantee (Administration) Act 1992, contributions shall be paid for eligible part-time employees under 18 years of age.
(f) Subject to the other provisions of this award, an employer shall be liable to pay contributions for an employee from the day of commencement of employment, notwithstanding that enrolment in ARF is affected subsequent to that date.
(g) An employer shall contribute to ARF, on or before the last day of the calendar month, the total of the weekly contribution amounts accruing for that month in respect of each employee.
(h) An employee who is a member of ARF and was having contributions paid in accordance with this award at the employees previous place of employment shall continue to have contributions paid on the employees behalf from the date of commencing employment with the current employer.
(i) Subject to subclause (h) of this clause, no contribution shall be made for any employee unless that employee remains in employment at the end of the month in which employment commenced.
The employer shall, in respect of each employee, pay into ARF an amount equal to the percentage of the employees gross ordinary time earnings as set out in the appropriate table below:
(1) Where the employer's national payroll in the base year was $1,000,000.00 or less, Table A will apply;
(2) Where the employer's national payroll in the base year was greater than $1,000,000.00, Table B will apply.
|Period |Table A |Table B |
|1/7/94 — 30/6/95 |4 |5 |
|1/7/95 — 30/6/96 |5 |6 |
|1/7/96 — 30/6/97 |6 |6 |
|1/7/97 — 30/6/98 |6 |6 |
|1/7/98 — 30/6/99 |7 |7 |
|1/7/99 — 30/6/00 |7 |7 |
|1/7/00 — 30/6/01 |8 |8 |
|1/7/01 — 30/6/02 |8 |8 |
|1/7/02 — 30/6/03 |9 |9 |
(j) Contributions in accordance with this clause shall be required to be made by an employer on behalf of any employee who was over the age of 65 years as at 1 July 1997. Contributions shall continue to be made on behalf of all employees until such time as an employee turns 70 years of age.
(k) An employer shall ensure that contributions made on behalf of an employee by the employer, in accordance with the provisions of this clause, are separately identified on the employees payslip on each occasion that wages are paid, and shall include such details as the name of the superannuation fund and the amount being contributed on the employees behalf.
29. Trade Union Training Leave
(i) The employer shall allow 20 employees from each zone for which an employer has been awarded the contract three days leave per year, paid at the ordinary rate of pay applying to the employee at the time of taking such leave, for the purpose of attending TUTA courses or similar training.
(ii) The employer shall consider requests for such leave from any union member employed by the employer who has been nominated by the unions.
(iii) Permission to attend such leave by the employer shall not be unreasonably withheld.
(iv) This clause shall only apply to employees engaged pursuant to the New South Wales Government Sites Cleaning Contracts.
30. Union Delegates
(i) An employee appointed job delegate or co-delegate at the place in which the employee is employed shall, upon notification thereof to their employer, be recognised as the accredited representative of the union.
(ii) An accredited job delegate or co-delegate shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting employees.
(iii) An accredited job delegate or co-delegate shall be allowed a reasonable period of time during working hours to interview a duly accredited official of the union.
31. Enterprise Arrangements
See Industrial Relations Act 1996.
32. Consultation
At each enterprise (business) there shall be established a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.
33. Anti Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(a) Nothing in this clause is to be taken to affect:
(b) any conduct or act which is specifically exempted from anti-discrimination legislation;
(c) offering or providing junior rates of pay to persons under 21 years of age;
(d) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act; 1977
(e) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(iv) 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.
(v) 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."
34. Past Services Entitlement
Former public sector services for sick leave, long service leave, maternity leave and redundancy entitlement shall be recognised by the employer for employees employed pursuant to the New South Wales Government Sites Cleaning Contracts.
35. Exemption
This award shall not apply to any annual salaried employee employed as a supervisor if such employees base ordinary salary equals or exceeds the rate payable to Supervisors/Building Services Employees — Grade 2 under the provisions of Part B, Monetary Rates.
36. Non-reduction of Existing Wages and Conditions
Employees whose employment is current at the time of the making of this award shall not suffer any reduction in take-home pay as a result of this award coming into force.
37. Traineeships
(i) Application —
(a) Subject to paragraphs (b), (c) and (d) of this subclause, this award shall apply to trainees and employers who have entered into a current training contract approved and accredited by the State Training Authority.
(b) Notwithstanding the foregoing, this award shall not apply to employees who were employed by an employer bound by this award prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the Union.
(c) At the conclusion of the traineeship, this clause ceases to apply to the employment of the trainee and the award shall apply to the former trainee.
(d) The provisions of this clause shall only apply to trainees who would ordinarily be classified under the cleaning services stream and/or hospital services stream of the award.
(ii) Objectives — The objectives of this clause are:
(a) To assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees. The system is neither defined nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this clause shall be taken to replace the prescription of training requirements in this award.
(b) To provide, through the traineeship scheme for structured training, time to advance a trainee from entry level competence to the attainment of competence sufficient for qualification at the Australian Qualifications Framework 2 or above.
(c) To facilitate the development of vocational training consistent with the needs of the industry, and to enhance the skills levels and future career and employment prospects of trainees through various education and training pathways, including a combination of work, education and structured training, on and off the job.
(d) To facilitate the implementation of the traineeship that is based on national competency standards endorsed by the National Training Quality Committee.
(iii) Definitions —
(a) "Approved Training" means training undertaken (both on or off the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the State Training Authority. The training will be accredited and lead to qualifications as set out in subclause (iv), Training Conditions, of this clause.
(b) "Australian Qualifications Framework" (or AQF) means the national framework of qualifications as agreed by the Ministerial Council for Employment Education Training and Youth Affairs (MCEETYA).
(c) "Relevant Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
(d) "Trainee" means an employee who is bound by a traineeship agreement made in accordance with this award.
(e) "Traineeship" means a system of training which has been developed by the Property Services Industry Training Advisory Board and approved by the relevant State Training Authority. A traineeship shall provide for a minimum of 20 hours and training-related employment each week.
(f) "Traineeship Agreement" shall mean an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with the relevant State Training Authority or under the provisions of the appropriate State legislation.
(g) "Appropriate State Legislation" means the following:
New South Wales: Vocational Education and Training Accreditation Act 1990 or any successor legislation.
(h) "State Training Authority", for the purposes of this award, means the New South Wales Department of Education and Training “DET”.
(i) "DET" means the New South Wales Department of Education and Training.
(iv) Training Conditions —
(a) The trainee shall attend an approved training course or training program prescribed in the traineeship agreement or as notified to the trainee by the State Training Authority.
(b) A traineeship shall not commence until the relevant traineeship agreement has been signed by the employer and the trainee and lodged for registration with the State Training Authority; provided that if the traineeship agreement is not in a standard format a traineeship shall not commence until the traineeship agreement has been registered with the State Training Authority. The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.
(c) The employer shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.
(d) The employer agrees that the overall training program will be monitored by officers of the State Training Authority and that training records or work books may be utilised as part of this monitoring process.
(e) Training shall be directed at:
(1) the achievement of key competencies required for successful participation in the workplace (where these have not been achieved) (e.g. literacy, numeracy, problem solving, team work, work using technology), and as are proposed to be included at the AQF 1 level. This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or
(2) the achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies), as are proposed to be included in the AQF Certificate 2 or above.
(v) Employment Conditions —
(a) A trainee shall be engaged as a part-time employee for a maximum of one year's duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.
(b) Should a full-time position become available, a trainee who chooses to can transfer from part-time to full-time employment. A trainee who is offered and accepts a full-time position cannot be compulsorily transferred back to a part-time position. The Union shall be notified of any instances where a trainee takes up a full-time traineeship position.
(c) An employer shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned.
(d) An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Union and the State Training Authority of that decision, giving reasons why such employment is not available.
In circumstances where such reasons are not deemed to be satisfactory by the State Training Authority and the Union, the employer shall not be eligible to engage additional trainees for a period of 12 months, or for such lesser period as may be approved.
(e) The trainee shall be permitted to be absent from work without loss of continuity of employment and wages to attend the training in accordance with the traineeship agreement.
(f) Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of this award or any other legislative entitlements.
(g) (1) The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.
(2) No trainee shall work overtime or shift work on their own unless consistent with the provisions of this award.
(3) No trainee shall work shift work unless the parties to a traineeship scheme agree that such shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shift work trainees, subject to the provisions of paragraph (b) of subclause (iv),Training Conditions, of this clause.
(h) All other terms and conditions of this award that are applicable to the trainee shall apply unless specifically varied by this clause.
(i) A trainee who failed to either complete the traineeship or who cannot for any reason be replaced in work based on "ordinary hours" of work, as prescribed under this award, with the employer on successful completion of the traineeship shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto.
(j) A trainee who successfully completes the prescribed training program and is assessed as competent to perform to the required industry standard within one year shall be considered as available for work as prescribed in the relevant award.
(k) The right of entry provisions contained in the award shall apply to the parties bound by this clause.
(vi) Wages —
(a) The wage payments hereunder shall only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.
(b) The wages payable to trainees shall be 80 per cent of those provided for in the relevant award for employees classified under either the cleaning services stream or the hospital cleaners stream of this award, for all time worked including such time as is spent on approved training, or any other such formula as agreed by an approving authority, the Union and the employer.
(c) Time spent on approved training shall be 20 per cent of the total time of the period of engagement of the employee under the traineeship agreement.
(d) The trainee shall be entitled to overtime and shift penalty rates and allowances prescribed by this award. The trainee wage shall be the basis for the calculation of overtime and shift penalty rates.
(e) In cases where a trainee is engaged on a part-time basis and accepts a full-time traineeship position, the proportion of training time shall increase proportionate to the increase in overall weekly hours; that is, the trainee shall increase the time spent on approved training to 20 per cent of 38 hours per week, or one day per week.
(vii) Supersession — Any existing award provisions for the Australian Vocational Education and Training system shall not apply to any employer bound by this clause, except in relation to New Apprentices who commenced a New Apprenticeship with the employer before the employer was bound by this award.
(viii) Union - Employer Co-operation —
(a) The parties to this award shall meet regularly with relevant training authorities to monitor the implementation of the traineeship scheme within the industry.
(b) To further enhance the prevention and settlement of industrial disputes, the parties agree to the following principles of co-operation:
(1) The employer will advise the appropriate State Secretary of the union of the proposed engagement of trainees. This advice will include name, employment location and commencement date for each trainee.
(2) Trainees employed in this program will not replace existing permanent employees.
(3) The employer is committed to:
promote the benefits of Union membership to all trainees;
issue application forms;
agree that a representative of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, will be able to address all new trainees during induction for the purpose of discussing issues such as occupational health and safety, employment and training conditions, and Union membership.
38. Grievance Procedure
(i) Procedures relating to grievances of individual employees and/or groups of employees:
(a) The employee is required to notify the employer if there is a grievance and request a meeting with the employer.
(b) A grievance must first be dealt with in the workplace if possible and, if not resolved, an opportunity allowed for further discussions.
(c) Reasonable time limits must be allowed for discussions.
(d) At the conclusion of the discussions, the employer must provide a response to the employees grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) If the matter is still not resolved, it shall be referred to the Industrial Relations Commission of New South Wales.
(f) While these procedures are being followed, normal work must continue.
(ii) Procedures relating to disputes etc. between employers and their employees.
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduate 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) If the matter is still not resolved, it shall be referred to the Industrial Relations Commission of New South Wales.
(d) While a procedure is being followed, normal work must continue.
(iii) 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.
39. Area, Incidence and Duration
This award rescinds and replaces the Cleaning and Building Services Contractors (State) Award published 14 January 2000 (313 I.G. 1), and all variation thereof.
This award shall apply to employees of any employer contracted to provide cleaning services and who, in addition, may provide ancillary property maintenance services, gardening services, grounds maintenance, commissionaire services and customer service facilities in New South Wales. This award shall also apply to employees of any employer contracted to provide luggage trolley collecting in New South Wales. This award shall not apply to employees under the following awards:
Metal and Engineering Industry (New South Wales) Interim Award published 2 August 1991 (264 I.G. 536), as varied;
Electrical, Electronic and Communications Contracting Industry (State) Award published 15 September 2000 (318 I.G. 645), as varied;
Plumbers and Gasfitters (State) Award published 25 February 2000 (313 I.G. 709), as varied;
Building and Construction Industry Labourers' On Site (State) Award published 6 March 1992 (268 I.G. 455), as varied;
Building Tradesmen (State) Construction Award published 16 July 1975 and reprinted 23 May 1984 (233 I.G. 1371), as varied;
Plant, &c., Operators on Construction (State) Award published 18 December 1974, reprinted 29 October 1980, 22 February 1984, 4 May 1990 and further reprinted 10 December 1993 (277 I.G. 607), as varied;
Transport Industry ( Mixed Enterprises Interim (State) Award published 17 July 1992 (270 I.G. 550), as varied;
Nurseries Employees (State) Award published 19 September 1997 (301 I.G. 97), as varied;
Miscellaneous Workers' ( Independent Schools and Colleges, &c. (State) Award published 17 February 1995 (283 I.G. 1193), as varied;
Miscellaneous Gardeners, &c. (State) Award published 30 September 1994 (281 I.G. 1211), as varied;
Landscape Gardeners, &c. (State) Award published 18 February 1994 (278 I.G. 553), as varied;
Pest Control Industry (State) Award published 24 November 2000 (320 I.G. 592), as varied.
Miscellaneous Workers’ - General Services (State) Award published 8 December 2000 (320 I.G. 1078), as varied;
Security Industry (State) Award published 5 June 1992 (269 I.G. 1314), as varied;
Retail Services Employees (State) Award published 30 June 1995 (286 I.G. 460), as varied;
Caterers, &c., Employees (State) Award published 7 August 1998 (306 I.G. 17), as varied;
Flats, Residentials, &c., (State) Award published 5 January 1983 (228 I.G. 58), as varied;
Motels, Accommodation & Resorts, &c., (State) Award published 26 May 2000 (315 I.G. 1064), as varied;
Parking Attendants, &c., (State) Consolidated Award published 8 December 2000 (320 I.G. 1171), as varied;
Building Employees Mixed Industries (State) Award published 11 June 1993 (275 I.G. 418), as varied;
Exhibition Industry (State) Award published 6 October 2000 (319 I.G. 1), as varied.
This award shall take effect from the beginning of the first full pay period to commence on or after 1 March 2001 and shall remain in force thereafter for a period of two years.
PART B
MONETARY RATES
Table 1A — Wages — Cleaning Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Column A |Column B |Column C |
| |Full-time |Part-time |Total Rate Per |
|Classification |Weekly Rate |Employee |Hour Casual |
| | |Hourly Rate |Employee |
| |$ |$ |$ |
|Cleaners |Night Shift Worker A* |— |16.94 |18.35 |
| |Night Shift Worker B |596.90 |15.30 |16.58 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |530.60 |15.30 |16.58 |
| |Day Shift Worker A |469.00 |15.30 |16.58 |
| |Day Shift Worker B# |469.00 |15.73 |17.04 |
|Building Service |Night Shift Worker A* |— |17.84 |19.32 |
|Employee Grade 1 |Night Shift Worker B |630.00 |16.11 |17.45 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |559.80 |16.11 |17.45 |
| |Day Shift Worker |493.80 |16.11 |17.45 |
|Building Service |Night Shift Worker A* |— |19.25 |20.85 |
|Employee Grade 2 |Night Shift Worker B |679.80 |17.38 |18.82 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |603.90 |17.38 |18.82 |
| |Day Shift Worker |533.20 |17.38 |18.82 |
NOTATION: * The Rate of Pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
#The Rate of Pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board as defined in subclause (vii) of clause 3, Definitions.
Table 1B — Wages — Cleaning Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Column A |Column B |Column C |
| | |Part-time |Total Rate Per Hour|
| |Full-time |Employee |Casual |
|Classification |Weekly Rate |Hourly Rate |Employee |
| | | |$ |
| |$ |$ | |
|Cleaners |Night Shift Worker A* |— |17.14 |18.57 |
| |Night Shift Worker B |610.30 |15.50 |16.79 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |542.50 |15.50 |16.79 |
| |Day Shift Worker A |480.70 |15.50 |16.79 |
| |Day Shift Worker B# |480.70 |16.03 |17.37 |
|Building Service |Night Shift Worker A* |— |18.04 |19.54 |
|Employee Grade 1 |Night Shift Worker B |644.20 |16.31 |17.66 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |572.40 |16.31 |17.66 |
| |Day Shift Worker |506.10 |16.31 |17.66 |
|Building Service |Night Shift Worker A* |— |19.45 |21.07 |
|Employee Grade 2 |Night Shift Worker B |695.10 |17.58 |19.04 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |617.50 |17.58 |19.04 |
| |Day Shift Worker |546.50 |17.58 |19.04 |
NOTATION: * The Rate of Pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
#The Rate of Pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board as defined in subclause (vii) of clause 3, Definitions.
Table 2A — Wages — Property Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Column A Total Rate |Column B Total Rate |Column C Total Rate |
| |Per Week Full-time |Per Hour Part-time |Per Hour Casual |
|Classification |Employee |Employee |Employee |
| |$ |$ |$ |
|Property Services Employee| | | | |
|Level 1 |Night Shift Worker |525.20 |13.49 |14.61 |
| |Broken/Afternoon/ Early Morning | | | |
| |Shift Worker |467.80 |13.49 |14.61 |
| |Day Shift Worker |413.30 |13.49 |14.61 |
|Property Services Employee| | | | |
|Level 2 |Night Shift Worker |552.60 |14.20 |15.38 |
| |Broken/Afternoon/Early Morning Shift| | | |
| |Worker |492.10 |14.20 |15.38 |
| |Day Shift Worker |434.60 |14.20 |15.38 |
|Property Services | | | | |
|Employee Level 3 |Night Shift Worker |607.20 |15.58 |16.87 |
| |Broken/Afternoon/Early Morning Shift| | | |
| |Worker |540.50 |15.58 |16.87 |
| |Day Shift Worker |477.00 |15.58 |16.87 |
|Property Services Employee| | | | |
|Level 4 |Night Shift Worker |637.10 |16.32 |17.67 |
| |Broken/Afternoon/Early Morning Shift| | | |
| |Worker |567.00 |16.32 |17.67 |
| |Day Shift Worker |500.20 |16.32 |17.67 |
|Property Services Employee| | | | |
|Level 5 |Night Shift Worker |661.40 |16.93 |18.34 |
| |Broken/Afternoon/ Early Morning | | | |
| |Shift Worker |588.60 |16.93 |18.34 |
| |Day Shift Worker |519.10 |16.93 |18.34 |
Table 2B — Wages — Property Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Column A Total Rate |Column B Total Rate |Column C Total Rate |
| |Per Week Full-time |Per Hour Part-time |Per Hour Casual |
|Classification |Employee |Employee |Employee |
| |$ |$ |$ |
|Property Services Employee| | | | |
|Level 1 |Night Shift Worker |537.00 |13.69 |14.83 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |478.30 |13.69 |14.83 |
| |Day Shift Worker |423.60 |13.69 |14.83 |
|Property Services Employee| | | | |
|Level 2 |Night Shift Worker |565.00 |14.40 |15.59 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |503.20 |14.40 |15.59 |
| |Day Shift Worker |445.50 |14.40 |15.59 |
|Property Services Employee| | | | |
|Level 3 |Night Shift Worker |620.90 |15.78 |17.09 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |552.70 |15.78 |17.09 |
| |Day Shift Worker |488.90 |15.78 |17.09 |
|Property Services Employee| | | | |
|Level 4 |Night Shift Worker |651.40 |16.52 |17.89 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |579.80 |16.52 |17.89 |
| |Day Shift Worker |512.70 |16.52 |17.89 |
|Property Services Employee| | | | |
|Level 5 |Night Shift Worker |676.30 |17.13 |18.55 |
| |Broken/Afternoon/Early Morning | | | |
| |Shift Worker |601.80 |17.13 |18.55 |
| |Day Shift Worker |532.10 |17.13 |18.55 |
Table 3A — Wages — Event Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Column A |
|Classification |Total Hourly Rate |
| |Casual Employee |
| |$ |
|Rate 1 |
|Monday to Friday |
|Event Services Employee Level 1 |16.58 |
|Event Services Employee Level 2 |17.45 |
|Event Services Employee Level 3 |18.82 |
|Rate 2 |
|Saturday, Sunday and Public Holiday |
|Event Services Employee Level 1 |23.40 |
|Event Services Employee Level 2 |24.63 |
|Event Services Employee Level 3 |26.59 |
Table 3B — Wages — Event Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Column A |
| |Total Hourly Rate |
|Classification |Casual Employee |
| |$ |
|Rate 1 |
|Monday to Friday |
|Event Services Employee Level 1 |16.79 |
|Event Services Employee Level 2 |17.66 |
|Event Services Employee Level 3 |19.04 |
|Rate 2 |
|Saturday, Sunday and Public Holiday |
|Event Services Employee Level 1 |23.98 |
|Event Services Employee Level 2 |25.24 |
|Event Services Employee Level 3 |27.25 |
Table 4A — Wages — Public Hospital Cleaners
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Column A Full-time|Column B Part-time |Column C Total Rate|
| |Employee Weekly |Employee Hourly Rate|Per Hour Casual |
|Classification |Rate |$ |Employee |
| |$ | |$ |
|Cleaner |Night Shift Worker |626.00 |18.13 |19.64 |
| |Broken Shift Worker |602.90 |17.47 |18.92 |
| |Afternoon/Early Morning Shift Worker | | | |
| | |556.50 |16.15 |17.49 |
| |Day Shift Worker |491.40 |14.15 |15.32 |
|Building Service Employee | | | | |
|Grade 1 |Night Shift Worker |660.60 |18.60 |20.14 |
| |Broken Shift Worker |636.00 |17.93 |19.42 |
| |Afternoon/Early Morning Shift Worker | | | |
| | |587.00 |16.55 |17.92 |
| |Day Shift Worker |518.40 |14.51 |15.71 |
Table 4B — Wages — Public Hospital Cleaners
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Column A Full-time |Column B |Column C Total Rate|
| |Employee Weekly Rate |Part-time |Per Hour Casual |
|Classification |$ |Employee Hourly |Employee |
| | |Rate |$ |
| | |$ | |
|Cleaner |Night Shift Worker |640.10 |18.33 |19.85 |
| |Broken Shift Worker |616.50 |17.67 |19.14 |
| |Afternoon/Early Morning Shift Worker |569.00 |16.35 |17.71 |
| |Day Shift Worker |503.70 |14.35 |15.54 |
|Building Service Employee | | | | |
|Grade 1 |Night Shift Worker |675.50 |18.80 |20.36 |
| |Broken Shift Worker |650.30 |18.13 |19.64 |
| |Afternoon/Early Morning Shift Worker |600.20 |16.75 |18.14 |
| |Day Shift Worker |531.40 |14.71 |15.93 |
Table 5A — Other Rates and Allowances
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |8(i) |Leading Hand in charge 1-5 employees |22.30 per week |
| | |Leading Hand in charge 6-10 employees |27.80 per week |
| | |Leading Hand in charge of 11-15 employees | |
| | | |33.70 per week |
| | |Leading Hand in charge of 16-20 employees | |
| | | |38.50 per week |
| | |Over 20 employees |42.40 per week |
| | |Plus an additional weekly amount for each employee | |
| | |exceeding 20 |0.92 per week |
|2 |8(iii) |Qualification Allowance |12.10 per week |
|3 |8(v) |First-aid Allowance |1.95 per day or shift |
|4 |8(vi) |Refuse Disposal, sorting or feeding of incinerators, | |
| | |furnaces, crushers or compactors | |
| | | |3.57 per day or shift |
|5 |8(vii) |Cleaning 1 to 10 toilet cubicles and/or urinals |1.82 per day |
| | |Cleaning more than 10 toilet cubicles and/or urinals |2.25 per day |
|6 |8(viii) |Hygiene Maintenance Allowance |2.60 per day |
|7 |8(ix) |For use of scaffolds, bosun's chairs or similar |1.85 per hour or part thereof |
| | |devices | |
|8 |8(x) |Excess Fares Allowance |8.55 per week |
|9 |8(xi) |Locomotion Allowance ( use of vehicle |0.50 per kilometre |
|10 |8(xii) |Locomotion Allowance ( use of bicycle |1.13 per day |
|11 |8(xiv) |Travelling Allowance |0.50 per kilometre |
|12 |8(xv) |Broken Hill — remote area allowance |12.95 per week |
|13 |8(xvi) |Pool/Spa Cleaning |11.80 per week |
|14 |8(xviii)(a) |Infection Allowance — Hospital Cleaners |2.90 per shift or part thereof |
|15 |8(xviii)(b) |Nauseous Linen — Hospital Cleaners |2.50 per shift or part thereof |
|16 |8(xviii)(c) |Laundry Allowance — Hospital Cleaners |2.90 per week |
|17 |10(iii) |Meal Allowance |7.25 |
|18 |10(iii) |Meal Allowance |5.00 |
|19 |14(c) |Minimum payment for a supported wage |53.00 per week |
Table 5B — Other Rates and Allowances
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |8(i) |Leading Hand in charge of 1-5 employees |24.80 per week |
| | |Leading Hand in charge of 6-10 employees |30.30 per week |
| | |Leading Hand in charge of 11-15 employees | |
| | | |36.20 per week |
| | |Leading Hand in charge of 16-20 employees | |
| | | |41.00 per week |
| | |Over 20 employees |44.90 per week |
| | |Plus an additional weekly amount for each employee | |
| | |exceeding 20 |0.99 per week |
|2 |8(iii) |Qualification Allowance |12.10 per week |
|3 |8(v) |First-aid Allowance |1.99 per day |
|4 |8(vi) |Refuse Disposal, sorting or feeding of incinerators, | |
| | |furnaces, crushers or compactors | |
| | | |3.65 per day or shift |
|5 |8(vii) |Cleaning 1 to 10 toilet cubicles and/or urinals |1.87 per day |
| | |Cleaning more than 10 toilet cubicles and/or urinals |2.50 per day |
|6 |8(viii) |Hygienic Maintenance Allowance |2.75 per day |
|7 |8(ix) |For use of scaffolds, bosun's chairs or similar devices|1.89 per hour or part thereof |
|8 |8(x) |Excess Fares Allowance |8.75 per week |
|9 |8(xi) |Locomotion Allowance ( use of vehicle |0.51 per kilometre |
|10 |8(xii) |Locomotion Allowance ( use of bicycle |1.16 per day |
|11 |8(xiv) |Travelling Allowance |0.51 per kilometre |
|12 |8(xv) |Broken Hill ( remote area allowance |13.25 per week |
|13 |8(xvi) |Pool/Spa Cleaning |12.10 per week |
|14 |8(xviii) (a) |Infection Allowance — Hospital Cleaners |3.00 per shift or part thereof |
|15 |8(xviii)(b) |Nauseous Linen — Hospital Cleaners |2.55 per shift or part thereof |
|16 |8(xviii)(c) |Laundry Allowance — Hospital Cleaners |3.00 per week |
|17 |10(iii) |Meal Allowance |7.45 |
|18 |10(iii) |Meal Allowance |5.10 |
|19 |14(c) |Minimum payment for a supported wage |53.00 per week |
Table 6A — Saturday and Sunday Ordinary Time Hourly Rates — Cleaning Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday |Sunday** |Saturday |Sunday |Sunday** |Saturday |Sunday |Sunday** (B) |
|Classification | |(A) |(B) | |(A) |(B) | |(A) |$ |
| |$ |$ |$ |$ |$ |$ |$ |$ | |
|Cleaner ( | | | | | | | | | |
|Night Shift Worker A* | | | |24.80 |28.83 |33.88 |26.82 |31.20 |36.70 |
|Night Shift Worker B |22.8005 |26.5051 |31.4158 |22.33 |25.95 |30.60 |24.14 |28.06 |33.15 |
|Broken/Afternoon/Early Morning | | | | | | | | | |
|Shift Worker |20.2378 |23.5152 |27.9263 |22.33 |25.95 |30.60 |24.14 |28.06 |33.15 |
|Day Shift Worker A |18.0644 |21.0751 |24.6842 |22.33 |25.95 |30.60 |24.14 |28.06 |33.15 |
|Day Shift Worker B# |18.0644 |21.0751 |24.6842 |22.97 |26.71 |31.46 |24.84 |28.89 |34.08 |
|Building Service Employee Grade 1 (| | | | | | | | | |
|Night Shift Worker A* | | | |26.16 |30.42 |35.68 |28.28 |32.90 |38.65 |
|Night Shift Worker B |24.0780 |27.9955 |33.1579 |23.54 |27.37 |32.22 |25.47 |29.61 |34.90 |
|Broken/Afternoon/Early Morning | | | | | | | | | |
|Shift Worker |21.3645 |24.8297 |29.4632 |23.54 |27.37 |32.22 |25.47 |29.61 |34.90 |
|Day Shift Worker |19.0212 |22.1915 |25.9895 |23.54 |27.37 |32.22 |25.47 |29.61 |34.90 |
|Building Service | | | | | | | | | |
|Employee Grade 2 ( | | | | | | | | | |
|Night Shift Worker A* | | | |28.28 |32.90 |38.50 |30.59 |35.59 |41.71 |
|Night Shift Worker B |26.0100 |30.2495 |35.7789 |25.47 |29.61 |34.76 |27.55 |32.04 |37.66 |
|Broken/Afternoon/Early Morning | | | | | | | | | |
|Shift Worker |23.0743 |26.8245 |31.7842 |25.47 |29.61 |34.76 |27.55 |32.04 |37.66 |
|Day Shift Worker |20.5401 |23.9635 |28.0631 |25.47 |29.61 |34.76 |27.55 |32.04 |37.66 |
NOTATION:
*The rate of pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
#The rate of pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board as defined in subclause (vii) of clause 3, Definitions.
** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
Table 6B — Saturday and Sunday Ordinary Time Hourly Rates — Cleaning Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday (A) |Sunday** |Saturday |Sunday |Sunday** |Saturday |Sunday |Sunday** |
| | |$ |(B) | |(A) |(B) | |(A) |(B) |
|Classification |$ | |$ |$ |$ |$ |$ |$ |$ |
|Cleaner ( | | | | | | | | | |
|Night Shift Worker A* | | | |24.92 |28.97 |34.28 |26.95 |31.35 |37.13 |
|Night Shift Worker B |22.9145 |26.6376 |32.1210 |22.44 |26.07 |31.00 |24.26 |28.20 |33.58 |
|Broken/Afternoon/Early Morning Shift | | | | | | | | | |
|Worker |20.3389 |23.6328 |28.5526 |22.44 |26.07 |31.00 |24.26 |28.20 |33.58 |
|Day Shift Worker A |18.2450 |21.2859 |25.3000 |22.44 |26.07 |31.00 |24.26 |28.20 |33.58 |
|Day Shift Worker B# |18.2450 |21.2859 |25.3000 |23.08 |26.84 |32.06 |25.96 |29.03 |34.73 |
|Building Service | | | | | | | | | |
|Employee Grade 1 ( | | | | | | | | | |
|Night Shift Worker A* | | | |26.29 |30.57 |36.08 |28.42 |33.06 |39.08 |
|Night Shift Worker B |24.1984 |28.1355 |33.9053 |23.65 |27.50 |32.62 |25.59 |29.75 |35.33 |
|Broken/Afternoon/Early Morning Shift | | | | | | | | | |
|Worker |21.4713 |24.9538 |30.1263 |23.65 |27.50 |32.62 |25.59 |29.75 |35.33 |
|Day Shift Worker |19.2114 |22.4134 |26.6368 |23.65 |27.50 |32.62 |25.59 |29.75 |35.33 |
|Building Service | | | | | | | | | |
|Employee Grade 2 ( | | | | | | | | | |
|Night Shift Worker A* | | | |28.42 |33.06 |38.90 |30.74 |35.76 |41.14 |
|Night Shift Worker B |26.1400 |30.4007 |36.5842 |25.58 |29.74 |35.16 |27.68 |32.20 |38.08 |
|Broken/Afternoon/Early Morning Shift | | | | | | | | | |
|Worker |23.1897 |26.9686 |32.4989 |25.58 |29.74 |35.16 |27.68 |32.20 |38.08 |
|Day Shift Worker |20.7455 |24.2031 |28.7631 |25.58 |29.74 |35.16 |27.68 |32.30 |38.08 |
NOTATION:
*The rate of pay for Night Shift Worker A shall apply to those part-time/casual employees who as at 12 July 1996 were engaged on night shift.
# The rate of pay for Day Shift Worker B shall apply to those employees who are engaged pursuant to a contract awarded by the NSW Government State Contract Control Board as defined in subclause (vii) of clause 3, Definitions.
**The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
Table 7A — Saturday and Sunday Ordinary Time Hourly Rates — Property Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday |Sunday** |Saturday |Sunday |Sunday** |Saturday |Sunday |Sunday** (B) |
| | |(A) |(B) | |(A) |(B) | |(A) |$ |
|Classification |$ |$ |$ |$ |$ |$ |$ |$ | |
|Property Service Employee | | | | | | | | | |
|Level 1 ( | | | | | | | | | |
|Night Shift Worker |20.0276 |23.2700 |27.6421 |19.59 |22.77 |26.98 |21.19 |24.61 |29.22 |
|Broken/Afternoon/Early Morning Shift Worker | | | | | | | | | |
| |17.8059 |20.6781 |24.6210 |19.59 |22.77 |26.98 |21.19 |24.61 |29.22 |
|Day Shift Worker |15.9194 |18.5727 |21.7526 |19.59 |22.77 |26.98 |21.19 |24.61 |29.22 |
|Property Service Employee Level 2 ( | | | | | | | | | |
|Night Shift Worker |21.0868 |24.5057 |29.0842 |20.67 |24.01 |28.40 |22.34 |25.97 |30.76 |
|Broken/Afternoon/Early Morning Shift Worker | | | | | | | | | |
| |18.7463 |21.7751 |25.9000 |20.67 |24.01 |28.40 |22.34 |25.97 |30.76 |
|Day Shift Worker |16.7407 |19.5308 |22.8736 |20.67 |24.01 |28.40 |22.34 |25.97 |30.76 |
|Property Service Employee Level 3 ( | | | | | | | | | |
|Night Shift Worker |23.2012 |26.9725 |31.9579 |22.75 |26.44 |31.16 |24.60 |28.61 |33.75 |
|Broken/Afternoon/Early Morning Shift Worker | | | | | | | | | |
| |20.6186 |23.9597 |28.4474 |22.75 |26.44 |31.16 |24.60 |28.61 |33.75 |
|Day Shift Worker |18.3753 |21.4379 |25.1053 |22.75 |26.44 |31.16 |24.60 |28.61 |33.75 |
|Property Service Employee Level 4 ( | | | | | | | | | |
|Night Shift Worker |24.3595 |28.3241 |33.5316 |23.86 |27.74 |32.64 |25.81 |30.02 |35.35 |
|roken/Afternoon/Early Morning Shift Worker | | | | | | | | | |
| |21.6461 |25.1582 |29.8421 |23.86 |27.74 |32.64 |25.81 |30.02 |35.35 |
|Day Shift Worker |19.2683 |22.4798 |26.3263 |23.86 |27.74 |32.64 |25.81 |30.02 |35.35 |
|Property Service Employee Level 5 ( | | | | | | | | | |
|Night Shift Worker |25.2997 |29.4209 |34.8105 |24.78 |28.82 |33.86 |26.80 |31.18 |36.68 |
|Broken/Afternoon/Early Morning Shift Worker | | | | | | | | | |
| |22.4792 |26.1303 |30.9789 |24.78 |28.82 |33.86 |26.80 |31.18 |36.68 |
|Day Shift Worker |19.9941 |23.3263 |27.3210 |24.78 |28.82 |33.86 |26.80 |31.18 |36.68 |
NOTATION:
**The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
Table 7B — Saturday and Sunday Ordinary Time Hourly Rates — Property Services Stream
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
| |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday (A) |Sunday ** |Saturday |Sunday |Sunday ** |Saturday |Sunday (A) |Sunday ** |
| | |$ |(B) | |(A) |(B) | |$ |(B) |
|Classification |$ | |$ |$ |$ |$ |$ | |$ |
|Property Service Employee Level 1 | | | | | | | | | |
|Night Shift Worker |20.1277 |23.3863 |28.2631 |19.68 |22.88 |27.38 |21.29 |24.73 |29.66 |
|Broken/Afternoon/Early Morning Shift Worker |17.8949 |20.7815 |25.1737 |19.68 |22.88 |26.92 |21.29 |24.73 |29.66 |
|Day Shift Worker |16.0785 |18.7584 |22.2947 |19.68 |22.88 |26.92 |21.29 |24.73 |29.66 |
|Property Service Employee Level 2 | | | | | | | | | |
|Night Shift Worker |21.1922 |24.6282 |29.7368 |20.77 |24.13 |28.80 |22.45 |26.09 |31.19 |
|Broken/Afternoon/Early Morning Shift Worker |18.8400 |21.8840 |26.4842 |20.77 |24.13 |28.80 |22.45 |26.09 |31.19 |
|Day Shift Worker |16.9081 |19.7261 |23.4447 |20.77 |24.13 |28.80 |22.45 |26.09 |31.19 |
|Property Service Employee Level 3 | | | | | | | | | |
|Night Shift Worker |23.3172 |27.1073 |32.6789 |22.86 |26.57 |31.56 |24.72 |28.75 |34.18 |
|Broken/Afternoon/Early Morning Shift Worker |20.7216 |24.0794 |29.0894 |22.86 |26.57 |31.56 |24.72 |28.75 |34.18 |
|Day Shift Worker |18.5590 |21.6522 |25.7316 |22.86 |26.57 |31.56 |24.72 |28.75 |34.18 |
|Property Service Employee Level 4 | | | | | | | | | |
|Night Shift Worker |24.4812 |28.4657 |34.2842 |23.97 |27.87 |33.04 |25.93 |30.17 |35.79 |
|Broken/Afternoon/Early Morning Shift Worker |21.7543 |25.2840 |30.5158 |23.97 |27.87 |33.04 |25.93 |30.17 |35.79 |
|Day Shift Worker |19.4609 |22.7045 |26.9842 |23.97 |27.87 |33.04 |25.93 |30.17 |35.79 |
|Property Service Employee Level 5 | | | | | | | | | |
|Night Shift Worker |25.4261 |29.5680 |35.5947 |24.90 |28.96 |34.26 |26.93 |31.33 |37.11 |
|Broken/Afternoon/Early Morning Shift Worker |22.5915 |26.2609 |31.6737 |24.90 |28.96 |34.26 |26.93 |31.33 |37.11 |
|Day Shift Worker |20.1940 |23.5595 |28.0052 |24.90 |28.96 |34.26 |26.93 |31.33 |37.11 |
** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
Table 8A — Saturday and Sunday Ordinary Time Hourly Rates — Public Hospital Cleaners
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2001:
| |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday |Sunday ** |Saturday |Sunday |Sunday ** |Saturday |Sunday (A) |Sunday ** |
| | |(A) |(B) | |(A) |(B) | |$ |(B) |
|Classification |$ |$ |$ |$ |$ |$ |$ | |$ |
|Cleaner ( | | | | | | | | | |
|Night Shift Worker |23.9272 |27.8196 |32.9473 |26.59 |30.93 |36.26 |28.76 |33.46 |39.28 |
|Broken Shift Worker |23.0346 |26.7782 |31.7315 |25.59 |29.76 |34.94 |27.67 |32.20 |37.85 |
|Afternoon/Early Morning Shift Worker |21.2375 |24.6815 |29.2895 |23.60 |27.44 |32.30 |25.52 |29.67 |34.99 |
|Day Shift Worker |18.9295 |22.0844 |25.8632 |20.59 |23.92 |28.30 |22.27 |25.87 |30.65 |
|Building Service | | | | | | | | | |
|Employee Grade 1 ( | | | | | | | | | |
|Night Shift Worker |25.2681 |29.3840 |34.7684 |27.30 |31.75 |37.20 |29.53 |34.36 |40.29 |
|Broken Shift Worker |24.3160 |28.2731 |33.4737 |26.29 |30.58 |35.86 |28.43 |33.07 |38.85 |
|Afternoon/Early Morning Shift Worker |22.4197 |26.0608 |30.8947 |24.21 |28.15 |33.10 |26.19 |30.45 |35.86 |
|Day Shift Worker |19.9701 |23.2984 |27.2842 |21.13 |24.56 |29.02 |22.85 |26.57 |31.43 |
**The Sunday ordinary time rate of pay of double-time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
Table 8B — Saturday and Sunday Ordinary Time Hourly Rates — Public Hospital Cleaners
The following rates shall take effect on and from the first full pay period to commence on or after 1 March 2002:
|Classification |Full-time Employees |Part-time Employees |Casual Employees |
| |Saturday |Sunday |Sunday ** |Saturday |Sunday |Sunday ** |Saturday |Sunday (A) |Sunday ** |
| | |(A) |(B) | |(A) |(B) | |$ |(B) |
| |$ |$ |$ |$ |$ |$ |$ | |$ |
|Cleaner ( | | | | | | | | | |
|Night Shift Worker |24.0468 |27.9586 |33.6895 |26.72 |31.08 |36.66 |28.90 |33.63 |39.71 |
|Broken Shift Worker |23.1497 |26.9120 |32.4473 |25.72 |29.90 |35.34 |27.80 |32.36 |38.28 |
|Afternoon/Early Morning Shift Worker |21.3436 |24.8049 |29.9473 |23.72 |27.58 |32.70 |25.64 |29.82 |35.42 |
|Day Shift Worker |19.1187 |22.3052 |26.5105 |21.69 |24.04 |28.70 |22.38 |26.00 |31.09 |
|Building Service | | | | | | | | | |
|Employee Grade 1 ( | | | | | | | | | |
|Night Shift Worker |25.3944 |29.5309 |35.5526 |27.43 |31.91 |37.60 |29.68 |34.53 |40.73 |
|Broken Shift Worker |24.4375 |28.4144 |34.2263 |26.42 |30.73 |36.26 |28.57 |33.24 |39.28 |
|Afternoon/Early Morning Shift Worker |22.5318 |26.1911 |31.5895 |24.33 |28.29 |33.50 |26.32 |30.60 |36.29 |
|Day Shift Worker |20.1698 |23.5313 |27.9684 |21.23 |24.68 |29.42 |22.96 |26.70 |31.87 |
** The Sunday ordinary time rate of pay of double time shall apply to those employees who were engaged to work ordinary hours on a Sunday prior to 29 January 1994.
APPENDIX A
1. The following arrangement is made pursuant to paragraph (c) of subclause (i) of clause 5, Hours, of the award, in regard to the following site/establishment:
..........................................................................................................................................................
(Location of site/establishment)
2. It is agreed between the parties that the following arrangement for extended maximum spread for broken shift workers for the above location is as follows:
..........................................................................................................................................................
3. This agreement shall take effect from the beginning of the first full pay period to commence on or after .................................. and shall remain in force for a period of .............…………….................
4. Signed on behalf of (Company Name)
.....................................................................
Signed By:
......................................................................
Employee
Signed on behalf of the Union as required by subparagraph (4) of paragraph (c) of subclause (i) of clause 5, Hours, of the award.
......................................................................
Union Secretary
APPENDIX B
Date: ……………………………………………………………………………………………….……
To: ……………………………………………………………………………………………….……
Site: ……………………………………………………………………………………………….……
LETTER OF APPOINTMENT
TO RELIEF CLEANER
Pursuant to subclause (v) of clause 3, Definitions of the Cleaning and Building Services Contractors (State) Award
This letter confirms that you have been appointed as a Relief Cleaner in accordance with the award for the purpose of relieving an existing employee who is on either sick leave, annual leave, maternity leave, leave without pay or workers compensation.
It is estimated that this position shall be for the duration of ……………………………………… however maybe reduced or extended depending on the circumstances of the person you are replacing.
Your rate of pay, shall be the ordinary rate application to the classification for the work in which you are engaged.
During the period that you are employed as a Relief Cleaner, you shall accrue and be paid for sick leave, annual leave, rostered days off and all other entitlements as if you were a weekly employee.
Position: ………………………………………………………………………………………………………
Hours: …………………………………..….….. Days: …………………………………….……………
Rate of Pay: ……………………………………. Date of Commencement: ……………………………..
………………………………………………….. …………………………………………………………
CLEANER SUPERVISOR
………………………………………………….. …………………………………………………………
F. MARKS, J.
____________________
Printed by the authority of the Industrial Registrar.
(269) SERIAL C0107
Crown Employees (Tipstaves to Justices) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1226 of 2000)
Before the Honourable Justice Schmidt 5 March 2001
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Recreation Leave
5. Long Service Leave
6. Sick Leave
7. Public Holidays
8. Leave for Special Purposes
9. Military Leave
10. Study Time
11. Maternity Leave
12. Adoption Leave
13. Parental Leave
14. Absence whilst on Compensation to Count as Service for Leave Purposes
15. Absences caused by Adverse Weather Conditions
16. Continuity of Service
17. Uniforms
18. Grievance and Dispute Settling Procedures
19. Anti-Discrimination
20. Leave Reserved
21. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1
Schedule A — Awards and Variations Incorporated
Schedule B — Changes made on Review
PART A
1. Title
This award shall be known as Crown Employees (Tipstaves to Justices) Award.
2. Definitions
2.1 “Employee” means a person employed as a tipstaff.
2.2 “Department” means the Attorney General’s Department
2.3 “Service” means continuous service both before and after the commencement of this award as a tipstaff to any Justice of the Supreme Court of New South Wales or the Industrial Relations Commission of New South Wales, or the Land and Environment Court of New South Wales, or as a tipstaff to any Judge of the District Court of New South Wales or the Compensation Court of New South Wales; provided that future entrants shall be deemed to have the years of service indicated by the salary at which they enter.
2.4 “Uniform” means either a jacket and skirt or a jacket and pants as provided in NSW Government Corporate Wardrobe.
3. Salaries
The rates of pay of employees shall be as set out in Table 1 of Part B, Monetary Rates.
4. Recreation Leave
4.1 Accrual and Calculation of Leave —
4.1.1 Recreation leave accrues at one and two third days per completed month of service, up to a maximum of 20 days per year. Recreation leave does not accrue in respect of unauthorised absences or in respect of authorised periods of leave without pay which, when aggregated, exceed five working days in a leave year unless such leave is taken during Law Vacation — see clause 4.4 Law Vacation below.
4.1.2 The minimum unit of leave is a quarter of a day and leave may be taken in multiples of a quarter day. Recreation leave entitlements should be balanced at least once per year. When calculating recreation leave, fractions other than an exact quarter day should be rounded off to the nearest quarter day or multiple thereof.
4.1.3 When calculating the proportionate deduction to be made in respect of leave without pay, fractions other than a quarter day or multiple thereof, should be rounded off to the next lower quarter day or multiple thereof.
4.2 Taking of Leave —
4.2.1 Recreation leave is to be taken in one consecutive period not later than six months after the completion of each 12 months service, except where the employer and employee agree otherwise.
4.2.2 An employee may be required by the employer to take accrued recreation leave at a time convenient to the employer but, as far as practicable, the wishes of the employee should be taken into account when fixing the time for the taking of leave, particularly where employees have special needs due to family responsibilities. For example, where employees have school aged children, leave rosters should be arranged in such a way as to allow each person to take leave at some time during school holidays.
4.3 Conservation of Leave — Conservation of leave up to a maximum of 40 working days may be permitted by the employer in exceptional circumstances and on the understanding that the leave will be reduced to an acceptable level as soon as possible.
4.4 Law Vacation —
4.4.1 Where a court or tribunal or other judicial body is temporarily closed or reduced to a nucleus for the purposes of annual holidays (law vacation), an employee who has not accrued sufficient recreation leave to cover the whole period of such closure or reduction of staff, will be required to take recreation leave to credit followed by leave without pay for the balance of the period.
4.4.2 Employees who are required to take leave without pay during law vacation are to be paid for all public holidays occurring during such leave. This period of leave without pay is also to count for the accrual of recreation leave in the following year.
4.5 Payment on Termination of Employment —
4.5.1 On termination of employment, an employee is entitled to be paid the monetary value of recreation leave to credit.
` 4.5.2 For the purposes of calculation of leave on termination, credit is to be allowed for periods of employment of less than a month. Leave due is to be calculated to an exact quarter day. Where applicable, fractions other than an exact quarter day are to be taken to the next higher quarter day.
4.5.3 Where an employee has been granted recreation leave in advance, the employer may deduct the value of such leave from any remuneration due to the employee on termination of employment.
4.6 Payment of Monetary Value of Accrued Recreation Leave On Death —
4.6.1 If an employee dies, the monetary value of accrued leave for which payment has not already been made, may be applied towards the payment of funeral expenses or may be paid to the employee's next of kin or to the Estate.
4.6.2 Where the funeral expenses have not been paid or have been paid by a person other than the person making the claim for payment of untaken recreation leave, approval may be sought from the Minister to direct that the funeral expenses form the first charge on the monetary value of leave. Payment may be made directly to the funeral director or to the person who paid the funeral expenses, subject to production of receipts.
4.6.3 Any balance of the monetary value of recreation leave should then be paid to the employee's next of kin or to the Estate as specified in the next clause.
4.6.4 If no claim for payment of funeral expenses is made, the monetary value of leave is to be paid in the following order (each class taking to the exclusion of the others):
4.6.4.1 to the widow or widower of the employee; or
4.6.4.2 to the children of the employee; or
4.6.4.3 to the dependent relatives of the employee; or
4.6.4.4 to the personal representative of the employee (that is the Estate)
4.7 Recreation Leave Loading —
4.7.1 Employees are to be granted a recreation leave loading equivalent to 17.5 per cent of four weeks' ordinary salary or wages, provided that the loading payable does not, in any case, exceed the loading calculated in accordance with the foregoing on the maximum salary applicable from time to time to Grade 12, Clerk under the Public Sector Management Act 1988.
4.7.2 There shall be a leave loading year ending 30 November, in every year. The full entitlement to the loading on recreation leave that the employee has accrued over the previous leave year is to be paid to the employee on the first occasion when he or she takes sufficient recreation leave to enable the employee to be absent from duty for at least two consecutive weeks after 1 December in any year. The loading will apply only to leave accrued in the year ending on the preceding 30 November.
4.7.3 Leave and salary records need to be endorsed to indicate that the leave loading for the previous leave loading year has been paid.
4.7.4 In the event of no such absence occurring by 30 November of the following year, the employee is to be paid the monetary value of the recreation leave loading payable on leave accrued as at 30 November of the previous leave year, notwithstanding that the employee has not entered on leave. Leave and salary records need to be endorsed to indicate that the payment has been made.
4.7.5 On retirement or termination of services by the employer for any reason other than misconduct an employee, who has not already taken a period of recreation leave since the preceding 1 December and who has not been paid the recreation leave loading in respect of such leave, is to be paid the recreation leave loading which would have been payable had such leave been taken.
4.7.6 The recreation leave loading is not to be paid when an employee is granted recreation leave to credit or the monetary value of recreation leave to credit on resignation or dismissal for misconduct.
4.7.7 Broken service during the year does not attract the recreation leave loading. If an employee resigns and is subsequently re-employed during the same year, only the service from the date of re-employment is to be taken into account for annual leave loading purposes.
4.7.8 Rate of Payment —
4.7.8.1 The recreation leave loading is to be calculated on the salary or wage rate paid for the leave when taken.
4.7.8.2 If an increase in the salary or wage rate occurs during a period of leave, retrospective adjustment of the recreation leave loading is to be made. Where payment is made as at 30 November, because no period of two weeks' leave has been taken during the year, the payment is to be calculated at the rate which would have been paid had the leave been taken at 30 November.
4.7.8.3 Provided adequate notice is given, the recreation leave loading is to be paid prior to entry on leave, generally at the same time as the salary or wages in respect of the period of leave.
4.7.8.4 The recreation leave loading may be calculated in the following manner:
(a) Annual Salaries; loading on 4 weeks leave; divide the annual salary by 74.54.
(b) Weekly Rates; loading on 4 weeks leave; divide the weekly rate by 1.4286.
5. Long Service Leave
5.1 Accrual and Calculation of Leave —
5.1.1 Long service leave for employees accrues and is granted on a working day and not a calendar day basis. All public holidays occurring during the period of long service leave are to continue to be counted as part of long service leave.
5.1.2 For the purposes of accrual of long service leave:
one month of long service leave equals 22 working days;
each completed year of service between 5 and 10 years of service, accrues 0.0843 days per week or 0.0169 of a day per day of service;
each completed year of service after 10 years, accrues 0.2108 days per week or 0.0422 of a day per day of service;
10 years of service will accrue 44 working days;
20 years of service will accrue 154 working days;
30 years of service will accrue 264 working days;
40 years of service will accrue 374 working days;
50 years of service will accrue 484 working days;
5.1.3 Accrued long service leave may be taken at full or half pay.
5.1.4 The decision as to whether leave will be taken at full or half pay, rests with the employee. Whilst every effort should be made to grant long service leave at a time requested by the employee, the ultimate decision as to when leave will be taken rests with the employer.
5.1.5 The minimum leave that may be granted is a quarter of a day.
5.1.6 Where the services of an employee who has had at least five years' service but less than ten years' service are terminated by the employer for any reason other than the employee's serious and intentional misconduct or by the employee on account of illness, incapacity or domestic or other pressing necessity, the employee is entitled to receive payment for proportionate long service leave, calculated in accordance with subclauses 5.1.1 to 5.1.5 above.
5.2 Service —
5.2.1 Service with any "State Authority" or any "Governmental Service" within the meaning of the Transferred Officers Extended Leave Act 1961, as amended and upon the terms and conditions prescribed in the Act, shall be regarded as service for the purposes of computing long service leave.
5.2.2 Service with the Civil Construction Corps established under the National Security Act 1939, or in the naval, military or air forces of the Commonwealth shall be regarded as service with the authority by whom the employee was employed immediately before commencing service with one of the abovementioned.
5.2.3 In respect of employees employed on or after 1 January 1970, such service shall be recognised for long service leave purposes according to the terms and conditions laid down in the Transferred Officers Extended Leave Act 1961.
5.2.4 Absence due to incapacity caused by accidents for which compensation is payable shall be regarded as service for the purpose of accrual of long service leave.
5.2.5 Periods of leave without pay do not count as service for long service leave purposes except in the case of employees who:
5.2.5.1 have completed at least ten years' service, in which case any period without pay not exceeding six months taken after 13 December 1963 shall count for the accrual of long service leave;
5.2.5.2 are required to take leave without pay as a result of the law vacation.
5.2.6 All broken periods of service, service being defined as in 5.2.1 above, shall count for long service leave purposes.
5.3 Monetary Value of Accrued Long Service Leave —
5.3.1 On termination of services, an employee who has acquired a right to long service leave, shall be paid, as a gratuity, the monetary value of long service leave to credit.
5.3.2 When an employee applies for long service leave during the term of his or her employment, and elects to be paid for such leave in advance, payment may be made in a lump sum (but not as a gratuity) for leave to the employee's credit as at the date immediately prior to the first day of long service leave.
5.3.3 Where an employee has acquired a right to long service leave and dies before entering upon it or after entering upon it dies before its completion, the monetary value of long service leave to credit is to be paid in the following order (each class taking to the exclusion of the others):
5.3.3.1 to the widow or widower of the employee; or
5.3.3.2 to the children of the employee. Where there is a guardian of any children who are entitled to the monetary value of long service leave, the monetary value of long service leave is to be paid to the guardian for the childrens maintenance, education and advancement; or
5.3.3.3 to the dependent relatives of the employee; or
5.3.3.4 to the personal representative of the employee (that is, the Estate)
5.3.4 The money value of untaken leave is to be calculated at the rate of pay the employee was entitled to receive at the time of death.
5.3.4.1 Where an employee with at least five years' service but less than ten years service dies, the monetary value of proportionate long service leave is to be paid in the same manner as stated in subclause 5.3.2 above.
5.3.4.2 Where payment of the money value of long service leave has been made under this section, no action may be brought against the employing authority for payment of any amount in respect of such leave.
5.3.5 Offset of Long Service Leave already granted — Long service leave already granted to an employee in respect of service with any Authority shall be offset against any leave for which the employee may be eligible under these conditions.
5.3.6 Accrual of Recreation Leave during Long Service Leave — Recreation leave shall accrue in respect of any period during which an employee has been absent from duty on long service leave. Where long service leave is taken at half pay, recreation leave in respect of such period shall accrue at half the normal accrual rate.
5.3.7 Where the monetary value of long service leave is paid in lieu of leave, no recreation leave shall accrue in respect of the period covered by the payment.
6. Sick Leave
6.1 Accrual of Leave —
6.1.1 Subject to the conditions set out in clause 6, an employee with not less than three months' continuous service may be granted sick leave up to a maximum of ten working days in each sick leave year in respect of absence from duty, provided the employer is satisfied that such absence is due to illness or incapacity not attributable to the employee's misconduct.
6.1.2 For those who commenced employment prior to 1 July 1986, a sick leave year shall commence on the first day of January each year. In the first year of service, however, where the employee has completed at least three months' of continuous service, sick leave shall accrue on the following basis:
6.1.2.1 Where employment commenced after 31 December and prior to 1 April: 10 days
6.1.2.2 Where employment commenced after 31 March and prior to 1 July: 7.5 days
6.1.2.3 Where employment commenced after 30 June and prior to 1 October: 5 days
6.1.2.4 Where employment commenced after 30 September and prior to 1 January: 2.5 days
6.1.3 For those who commenced employment after 1 July, 1986, the following sick leave provisions apply:
6.1.3.1 during the first 12 months of employment:
first 3 months of continuous service: no leave
3 to 6 months of continuous service: 5 days
6 to 9 months continuous service: 7.5 days
9 to 12 months of continuous service: 10 days
6.1.3.2 on completion of 12 months' service; 10 days sick leave will be available per year from the anniversary of commencement of employment.
6.1.4 Re-employment in the same leave year — Where an employee is re-employed in the same leave year, sick leave entitlement in respect of that year is not to exceed ten working days or the sick leave that the employee would have been entitled to had employment during the year been continuous from the date of first employment in that year, whichever is the lesser.
6.1.5 Previous accumulation — An employee who was employed as such on 1 January 1970 is to be credited with the sick leave accumulated as at that date. In respect of a partially completed year of service as at 31 December 1969, accumulation under the said subclause 6.1.2 is to be calculated by allowing half a day for each completed month of service.
6.1.6 Accumulation from 1 January 1970 — Effective from 1 January 1970, all sick leave not utilised during the leave year, accumulates and may be used during subsequent service as required in respect of genuine absences due to illness or incapacity.
6.1.7 Service — Except as provided in subclause 6.1.4 above and in the Continuity of Service section hereunder, previous periods of employment are not to be taken into account for sick leave purposes.
6.2 Special Leave for Accepted War-Caused Disabilities — After a continuous period of at least three months' service as a Ministerial employee, an employee who has had a period of service with the armed forces of Australia, is eligible to be granted up to ten days' special sick leave on full pay in any sick leave year in addition to his or her ordinary sick leave, if he or she is absent as a result of an accepted war-caused disability. Absences from duty for the following reasons are also to be debited against the special sick leave:
6.2.1 attending hospital or medical officer for pension review;
6.2.2 attending hospital to report or for periodical examination or attention; and;
6.2.3 attending Limb Factories for supply, renewal and or repair of artificial replacements or surgical appliances.
6.3 When an employee exhausts the special sick leave allocation in a leave year, any further absences in that year on account of war-caused disabilities, are to be charged against ordinary sick leave to credit.
6.4 Notification of Absence — An employee, who is unable to attend work through illness, shall contact the supervisor or another appropriate person within 24 hours to advise of his or her inability to attend for duty, nature of illness or incapacity and estimated period of absence.
6.5 Leave Pending Determination of Claims for Workers' Compensation —
6.5.1 Pending the determination of a claim for workers' compensation, an employee may be granted sick leave to credit. If subsequently, payment of workers' compensation is approved, any sick leave granted in anticipation of workers' compensation is to be restored to the employee's credit.
6.5.2 When an employee who has been absent from duty in excess of 26 weeks, is granted the statutory rate under workers' compensation, he or she may utilise available sick leave to make up the difference between the statutory rate and ordinary rate of weekly salary or wage. On the expiration of available sick leave, weekly compensation payments only will be payable.
6. Leave as a Charge Against Accrued Recreation Leave, Long Service Leave or Leave Without Pay.
An employee who has exhausted sick leave to credit and is still unable to resume duty through illness or incapacity, may elect to utilise any recreation, long service leave to credit or sick leave without pay, provided the absence continues to be supported by acceptable medical certificates.
6.7 Illness whilst on Recreation or Long Service Leave —
6.7.1 Where an employee produces a satisfactory medical certificate to the effect that he or she has been incapacitated for any period whilst on recreation leave or for a week or more whilst on long service leave, the employee may be granted sick leave to credit in respect of the period covered by the medical certificate. Recreation or long service leave replaced by the grant of sick leave is to be recredited to the employee.
6.7.2 The granting of sick leave shall not apply in respect of recreation or long service leave being taken prior to resignation or termination of services.
6.8 Medical Certificates — An employee absent on account of illness for any period shall submit a medical certificate showing the nature of the illness, if called upon by the employer to do so.
7. Public Holidays
7.1 The following public holidays shall be paid for provided they occur on days which ordinarily would be working days for the employees concerned: New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labor Day; Christmas Day; Boxing Day and such other holidays as may be proclaimed as public holidays throughout the State but not proclaimed local holidays.
7.2 An employee who is absent from work on the working day before or the working day after a Public Holiday without reasonable excuse or without the approval of an appropriate senior person, for example supervisor at the place of employment, shall not be entitled to payment for such holiday. When work is not carried on right up to the holiday or resumed immediately after a holiday, as at Christmas and New Year, payment for the holiday shall be granted if the employee works up to the time of general stoppage and resumes when the work recommences.
7.3 If the holiday falls on a weekend, no additional payment shall be made unless the employee is required to work on that day.
7.4 When a holiday occurs during the first month in which an employee is absent through illness, such an employee is to receive pay for the day at the rate of wages paid immediately before the absence commenced.
7.5 Where any of the abovementioned public holidays fall within a period of leave granted to an employee, such holidays shall not be a charge against such leave except where leave being taken is long service leave.
7.6 An employee who is entitled to be paid for public holidays, shall be paid in full for any such holidays occurring during a period of absence in respect of which workers compensation payments are being made.
8. Leave for Special Purposes
8.1 Bereavement Leave —
8.1.1 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 8.1.3 below.
8.1.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
8.1.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in 8.11.1.3 provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
8.1.4 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.
8.1.5 Bereavement leave may be taken in conjunction with other leave available under clause 8.11. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the court.
8.2 Attending Retirement Preparation Seminars — An employee may be granted one day's special leave (with pay) for the purpose of attending a retirement preparation seminar conducted by a recognised Superannuation Fund.
8.3 National Aborigines Day — Employees who identify as Aborigines may be granted up to one day's special leave to enable them to participate in the celebrations on the day appointed each year as the National Aborigines Day.
8.4 Jury Service — An employee who is called up for jury duty may elect to be granted:
8.4.1 special leave with pay to cover the time necessarily absent from work, subject to the employee refunding to the employer any fees, less out-of-pocket expenses, paid by the Court in respect of attendance for jury duty; or
8.4.2 leave without pay or as a charge against recreation leave to credit, in which case the employee is entitled to retain all fees paid by the Court in respect of attendance for jury duty.
8.5 Firefighting or Assisting the State Emergency Services —
8.5.1 An employee who undertakes firefighting duties during declared emergencies is to be granted special leave on full pay for the time the employee is required to be absent from duty on such emergency firefighting activities.
8.5.2 An employee who is a volunteer member of a local Fire Brigade or Rural Fire Service may be granted special leave on full pay to a maximum of five days per year to cover necessary absences from duty when called upon to fight fires during normal working hours.
8.5.3 An employee, who volunteers to assist the State Emergency Services or Rural Fire Service during emergency operations and is released by the employer for that purpose, is to be regarded as being on duty whilst engaged in these activities during normal working hours and paid as if he or she has been carrying out normal work. Where an employee remains on emergency duty for several days and, as a result, experiences physical distress, such employee may be allowed reasonable time for rest before returning to normal duties.
8.6 Absences due to adverse weather conditions — Employees whose life or property is being threatened by adverse weather conditions or where they are prevented from reporting for duty by fire, flood or snow, are eligible to be granted leave to cover their absence from duty.
8.7 Naturalisation Ceremonies — An employee who is to be naturalised may be granted time off, without loss of pay, for the minimum time necessary to enable him or her to prepare for and attend the ceremony.
8.8 Leave to attend Trade Union Training Courses — Leave may be granted up to a maximum of 12 working days in any period of two years to employees who are members of the union to attend short training courses or seminars conducted by or with the support of the Trade Union Training Australia, subject to the following conditions:
8.8.1 that the employer's operating requirements permit the grant of leave and the employee's absence does not require the employment of relief staff;
8.8.2 leave of absence will be granted at ordinary pay, that is, payment is not to include shift allowances, penalty rates or overtime;
8.8.3 leave granted will count as service for all purposes;
8.8.4 expenses associated with attendance at such courses or seminars, for example fares, accommodation, meal costs, will be met by the employee concerned, but subject to the maximum prescribed above, leave may include travelling time required during working hours to attend such courses or seminars;
8.8.5 applications for leave must be accompanied by a statement from the union that it has nominated the employee concerned for such course or seminar or that it supports his or her application.
8.9 Leave for employees holding office in Local Government —
8.9.1 Holders of the office of Mayor of a Municipality, President of a Shire or Chairman of a County Council may be granted special leave with pay for the purpose of attending meetings, conferences or performing other council work which cannot be carried out outside of ordinary working hours.
8.9.2 Whilst the quantum of leave to be granted is to be determined by the employer, absences requiring time off during normal working hours should be kept to a minimum.
8.9.3 Where the employer is not prepared to grant special leave with pay, the employee may be granted leave as a charge against available recreation leave or leave without pay.
8.10 English Language Tuition Leave —
8.10.1 Employees of non-English speaking background who are unable to adequately communicate in the English language, shall be granted time off without loss of pay to attend English Language Classes conducted by the employer or any other recognised statutory authority, for example the Adult Migrant English Service.
8.10.2 The type, duration and extent of courses conducted by the employer shall be developed in consultation with the Adult Migrant English Service or other recognised authority.
8.11 Personal/Carer’s Leave —
8.11.1 Use of Sick Leave —
8.11.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 8.11.1.3 shall be entitled to use, in accordance with this subclause, any sick leave accruing from 1 January 1998 in terms of clause 6 Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
8.11.1.2 The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned.
8.11.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee being responsible for the care of the person concerned; and
(b) the person concerned being:
(i) a spouse of the employee; or
(ii) a de facto spouse, who, in relation to the employee, is a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee on a bona fide domestic basis although not legally married to that person; or
(iii) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(v) a relative of the employee who is a member of the same household, where for the purposes of this subclause:
• “relative” means a person related by blood, marriage, affinity or Aboriginal kinship structures;
• “affinity” means a relationship that one spouse because of marriage has to the relatives of the other; and
• “household” means a family group living in the same domestic dwelling.
8.11.2 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 the absence.
8.11.3 Unpaid Leave for Family Purpose — An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subclause 8.11.1.3 of this clause who is ill.
8.11.4 Recreation Leave —
8.11.4.1 An employee may elect, with the consent of the employer, subject to the provisions of clause 4 Recreation Leave, to take recreation 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.
8.11.4.2 Access to recreation leave, as prescribed in subclause 8.11.4.1 of this subclause, shall be exclusive of any Law Vacation period provided for elsewhere under this award.
8.11.4.3 Where applicable, an employee and employer may agree to defer payment of recreation leave loading in respect of single day absences, until at least five consecutive recreation leave days are taken.
9. Military Leave
9.1 Annual Grant — In the period of 12 months commencing on 1 July each year, employees who are part-time members of the Defence Forces' Reserves are entitled to be granted military leave on the following basis:
9.1.1 Annual Training for members of the:
Navy Reserve — 13 calendar days on full pay.
Army Reserve — 14 calendar days on full pay.
Air Force Reserve — 16 calendar days on full pay.
9.1.2 Attendance at a School, Class or Course of Instruction by members of the:
Navy Reserve — 13 calendar days on full pay.
Army Reserve — 14 calendar days on full pay.
Air Force Reserve — 16 calendar days on full pay.
Leave provided for in this subclause also applies to attendances in a teaching capacity.
9.1.3 Additional Grant — Where the Commanding Officer certifies in writing that it is obligatory for the employee to attend training for a period that exceeds the leave normally available, the employer may grant further military leave not exceeding four calendar days in any one military leave year. If the additional 4 calendar days are insufficient to cover the excess, then the employer may grant leave as a charge against recreation or long service leave to credit or as leave without pay.
9.1.4 Alternative Arrangements — Whilst every effort should be made to release an employee from work at the time requested, military leave may be refused if it is not in the public interest to grant the leave at the time applied for. In such cases, the leave is to be granted later in the military leave year to enable the employee to attend an equivalent annual camp, school, class or course of instruction.
9.1.5 Payment for Military Leave — Payment of wages in respect of periods of military leave is additional to any payments that the employee receives from the Defence Force Reserves.
9.2 Medical Examinations — Special leave up to a maximum of one day may be granted for the time necessary to attend a medical examination or tests for acceptance as a part-time member of the Defence Force Reserves, subject to production of evidence of attendance.
9.3 Casual Employees — A casual employee required to undertake part-time military training may be granted leave on the same basis as applies to other employees, provided the period does not exceed the period in which he or she would normally have been employed by the current employer.
10. Study Time
10.1 Purpose — Study time is granted for the following purposes:
10.1.1 attendance at compulsory lectures, tutorials or residential schools, where these are held during working hours;
10.1.2 necessary travelling during working hours to attend lectures or tutorials held during or outside working hours;
10.1.3 weekly private study;
10.1.4 to provide a period of time off prior to or during the examination period for private study purposes as an alternative to weekly study time.
10.2 Courses Eligible for Study Time — Courses for which study time is granted must meet at least one criteria in each of the subclauses below:
10.2.1 lead to a recognised qualification; or
be a TAFE special course; or
be a bridging or qualifying course; or
be an incidental subject which forms part of a course for which study time would be available, where the incidental subject is of relevance to the employer or the public sector.
10.2.2 be administered by a public institution;
be accredited by the Higher Education Unit of the Ministry of Education and Youth Affairs; or
lead to membership of a registered professional organisation.
10.2.3 be able to be taken on a part-time basis. Study time does not apply to a course that is organised essentially for full time students or which, in later stages, requires full-time attendance.
10.3 More Than One Course Studied at the One Time —
10.3.1 Study time may be granted for more than one course at the same time, provided that the two courses together result in a part-time load and the attendance pattern is convenient to the employer.
10.3.2 Regardless of the number of courses studied at one time, the maximum grant remains four hours per week, as outlined in subclause 10.4 below.
10.4 Calculation of Study Time Grant —
10.4.1 Half an hour is granted for every hour of class attendance required, up to a maximum grant of four hours per week and in respect of correspondence courses, by allowing half an hour for every hour of tutorial or lecture attendance in a corresponding face to face course.
10.4.2 Where there are block attendance requirements or field days, the grant is calculated by:
Step 1: totalling the attendance requirement, in hours, for the semester;
Step 2: dividing this amount by two;
Step 3: dividing this by the number of weeks in the semester that lectures are held;
Step 4: this amount, or 4 hours, whichever is the lesser, is the weekly amount granted.
10.5 Additional Leave—
10.5.1 Where the grant in subclause 10.4 above is insufficient to cover essential absences, the necessary extra should be granted. Additional leave which, together with leave granted under 10.4 above, totals 4 hours or less does not have to be made up. Leave of more than 4 hours per week must be made up.
10.5.2 Study time granted in excess of 4 hours may be made up either in advance or in retrospect.
10.6 Study Time in Excess of Four Hours Per Week — Study time granted in excess of four hours per week may be made up either in advance or in retrospect but always in accordance with the arrangement negotiated, in advance, between the employer and employee.
When such an arrangement is being negotiated, the following factors should be considered:
10.6.1 nature of the duties;
10.6.2 needs of the workplace;
10.6.3 whether additional leave granted can be made up before the next grant; and
10.6.4 use of other forms of leave to offset the additional study time where making it up is impractical.
10.7 When Study Time is Postponed or Not Granted.
10.7.1 Study time is not to be granted in respect of any classes not attended or when an employee is absent on any other form of leave.
10.7.2 Study time is an expendable grant. It is lost if not taken at the nominated time but, if an emergency situation arises and the employee is asked by the employer to forego their normal study time, such time may be granted on another day during the same week.
10.8 Power to Grant or Refuse — The grant of study time is subject to the relevance of the course and employer convenience. The employer has the power to grant, and to refuse, study time and the actual study time arrangement must be negotiated between the employee and the employer.
10.9 Repeated Subjects —
10.9.1 Study time is not available for repeated subjects unless evidence can be provided that failure to successfully complete the subject at first attempt was caused by circumstances outside the employee's control.
10.9.2 An employee attending, during working hours, repeat subjects for which study time has not been granted, must make up all time taken off in attending those subjects.
10.10 Accumulation — Subject to employer's convenience:
10.10.1 employees may choose to accumulate part or all of their study time;
10.10.2 accumulated study time may be taken in any pattern or at any time.
10.11 Compulsory Residential Schools — Correspondence students may accumulate their study time as outlined in subclause 10.10 above in order to cover any compulsory residential schools.
10.12 Block Grants —
10.12.1 Some courses require substantial block attendance to allow students to undertake compulsory practical work experience.
10.12.2 A block grant may be made, either in addition to or instead of study time accumulating under 10.11 above, if the employer is satisfied that:
10.12.2.1 block attendance is compulsory;
10.12.2.2 the usual study time grant is inadequate; and
10.12.2.3 the course is of significant value and therefore warrants a different kind of grant.
10.13 Maximum Periods of Block Grants — Block periods of study time may be granted as follows:
10.13.1 up to 10 days study time may be granted in addition to the grant outlined in subclause 10.5 above;
10.13.2 up to 20 days study time may be granted instead of the grant outlined in subclause 10.6 above.
10.14 Study Time Granted for the Whole Course — In some circumstances it may be more appropriate to grant an amount of study time for the whole course. Such study time can then be taken according to the needs of the employee and employer's convenience. In cases of this type, the average yearly study time taken should not be more than 10 days, if taken in accordance with 10.13.1 above or 20 days, if taken in accordance with 10.13.2 above.
10.15 Courses Involving Research and Thesis — Block periods of study time may be granted to staff in relation to the research and thesis component of:
10.15.1 higher degrees;
10.15.2 qualifying studies to higher degrees; or
10.15.3 Honours studies.
10.16 Grant of Block Periods in Respect of Courses Involving Research and Thesis — These block periods may be granted on the following basis:
10.16.1 where a course at any level involves a thesis or major project as well as coursework, the usual study time would be granted for the coursework and 10 days study time for the thesis or major project component;
10.16.2 for qualifying studies entirely by thesis the grant is 10 days;
10.16.3 for masters degree studies by research and thesis only, the total grant is 25 days for courses of 2 years' minimum duration and 35 days for courses of 3 years' minimum duration.
10.16.4 for doctoral studies, the total grant for the course is 45 days.
10.17 Monitoring Study Time — Employers should ensure that:
10.17.1 employees granted study time have completed their enrolments;
10.17.2 employees are continuing with the course for which study leave has been granted;
10.17.3 where there is a choice of times for attendance, the actual attendance pattern is convenient to the employer as well as the employee; and
10.17.4 additional study time, in excess of four hours per week, is made up.
10.18 The Application Process — Employees who wish to apply for study time should formally notify the employer as soon as possible. Where study time has been granted, employees should give the employer reasonable notice of the program for each year or semester and their proposed pattern of leave. This will allow any negotiations to be completed before the academic year or semester begins.
10.19 Refusal of Study Time Applications — Where an employer decides to refuse an application for study time, he or she should ensure that:
10.19.1 timely advice is given to the applicant to allow consideration of alternatives;
10.19.2 counselling is available to applicants to consider alternatives;
10.19.3 reasons for refusal are clearly and promptly stated, in writing, to the applicant;
10.19.4 an internal review process or grievance procedure is available should the employee wish a review of the decision.
If subsequently the decision not to grant study time is overturned, the employer may grant study time retrospectively.
10.20 Examination Leave —
10.20.1 Paid leave, up to a maximum of 5 working days per year, may be granted in respect of attendance at examinations in approved courses of study. Examination leave is available to both face to face and correspondence students.
10.20.2 The period granted is to include time actually involved in the examination and necessary travelling time. Examination leave is not to be granted in respect of any examinations conducted within normal class timetable during the term or semester, and where study time has been granted to the candidate
11. Maternity Leave
11.1 Entitlement —
11.1.1 Unpaid Maternity Leave — All female employees, excluding casual employees shall be entitled to unpaid Maternity Leave of:
11.1.1.1 up to 9 weeks before the expected date of birth of the child; and
11.1.1.2 up to 12 months after the actual date of birth of the child.
11.1.2 Paid Maternity Leave — Female employees who prior to the expected date of birth, have completed 40 weeks continuous service, shall be eligible for 9 weeks full pay from the date maternity leave commences.
Continuous service is defined as full or part-time but not casual service, within the NSW Public Service or with a State or governmental organisation proclaimed as such under the Transferred Officers Extended Leave Act 1961.
11.2 Payment for Maternity Leave —
11.2.1 Method — Payment for the nine weeks may be made as follows:
11.2.1.1 in advance in a lump sum; or
11.2.1.2 on a normal fortnightly basis; or
11.2.1.3 at the rate of half pay over a period of 18 weeks on a regular fortnightly basis; or
11.2.1.4 a combination of full-pay and half pay outlined in 11.2.1.2 and 11.2.1.3.
11.2.2 Rate —
11.2.2.1 For female employees working full-time, paid maternity leave shall be at the full time rate.
11.2.2.2 For female employees on part-time leave without pay, where the period of part time leave without pay preceding maternity leave is 40 calendar weeks or less, paid maternity leave shall be granted at the full-time rate.
11.2.2.3 For female employees on part-time leave without pay, where the period of part time leave without pay preceding maternity leave exceeds 40 calendar weeks, paid maternity leave shall be granted at the part time rate.
11.2.2.4 For female employees on permanent part time work, paid maternity leave shall be granted at the part time rate.
11.3 Applications and Variations —
11.3.1 Notification of requirements — A female employee who intends to proceed on maternity leave, shall formally notify the employer, in writing, not less than 8 weeks prior to the commencement of the leave. Such notification shall be accompanied by a medical certificate indicating the expected date of birth.
11.3.2 Variation before Commencement of Leave — Before actually commencing maternity leave, a female employee may vary the period of leave any number of times.
11.3.3 Variation after Commencement of Leave — After commencing maternity leave, a female employee may vary the period of leave.
11.3.3.1 once without the consent of the employer; and
11.3.3.2 any number of times with the consent of the employer.
11.3.4 Minimum Notice — A minimum of 4 weeks notice of any variation must be given. A lesser period may be given if acceptable to the employer.
11.4 Maternity Leave Arrangements — Maternity Leave may be taken as follows:
11.4.1 full time, up to a maximum of 12 months from the date of birth; or
11.4.2 part time, up to maximum of 2 years from the date of birth, subject to the convenience of the employer;
11.4.3 a combination of full time and part time providing that less than 12 months maternity leave on a full-time basis is taken and that the balance taken part time, will conclude before the child's second birthday.
11.5 Paid Leave Prior to or During Maternity Leave —
11.5.1 Illness Associated with Pregnancy — If, because of an illness associated with her pregnancy, a female employee is unable to continue to work, then she can elect to use any available paid leave (sick, recreation and/or extended leave) or to take sick leave without pay. Such leave shall cease nine weeks before the expected date of birth and maternity leave shall commence from that date.
11.5.2 Other Leave Immediately Prior to Maternity Leave — Where a female employee who is not sick, wishes to cease duty before the date on which she plans to enter on maternity leave, she may do so by applying for any available recreation leave or extended leave, or for leave without pay.
11.5.3 Other Paid Leave —
11.5.3.1 If a female employee so elects and subject to the employer's convenience, recreation and/or extended leave to which she is entitled may be combined with maternity leave.
11.5.3.2 Leave so granted does not reduce the entitlement of 12 months unpaid maternity leave but may affect the right of return to former position - See subclause 11.8 below.
11.5.3.3 The period over which recreation and/or extended leave combined with unpaid maternity leave (full time or part time), shall not exceed a total period of 2 years from the date of birth of the child.
11.6 Premature Birth, Stillbirth, Miscarriage —
11.6.1 Premature Birth — If a female employee gives birth prematurely and before commencing the maternity leave for which she has applied, she shall be treated as being on maternity leave from the date she enters on leave to give birth to the child and any previous leave arrangements will be negated.
11.6.2 Stillbirth — In the event of a stillbirth, the female employee may elect to take available sick leave or maternity leave.
11.6.3 Miscarriage — In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.
11.7 Fitness to Continue Working —
11.7.1 General — If a female employee decides to continue working during the period of nine weeks prior to the expected date of birth, she must be able to satisfactorily perform her normal duties.
11.7.2 Medical Certificate Requirements — If necessary, the employer may require the female employee to provide a medical certificate confirming that she is fit and able to continue working during this period.
11.7.3 Alternative work for Employees at Risk — Where, because of an illness or risk associated with her pregnancy, the female employee is unable to carry out the duties of her position, the employer shall, as far as practicable, provide employment in some other position, the duties of which she is able to satisfactorily perform. The position to which the female employee is transferred under these circumstances shall be as close as possible in status and salary to her substantive position.
11.8 Return To Work —
11.8.1 Notification — As soon as practicable after having the child, a female employee on maternity leave shall notify the employer, in writing, of the child's date of birth (or stillbirth).
11.8.2 Shortening of period of maternity leave — A female employee may shorten the period of maternity 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.
11.8.3 Right of return to former position — A female employee has a right of return to her former position if she returns to work from full time leave no later than 12 months from the date of birth of her child.
11.8.4 Right of return forfeited — If a female employee forfeits the right of return to the former position by not resuming duty at the expiration of 12 months full-time leave or its equivalent part time, she should be given a position at the same grade and classification as her former position on her return to work.
11.8.5 Former position abolished — If the former position has been abolished, the female employee shall be transferred to a position at the same classification and grade and where practicable, in the former location.
11.8.6 Former position relocated — If the position has been moved as part of a formal relocation of an organisational unit (for example, the relocation of all or part of an agency from the Central Business District, or the regionalisation of agency's functions) the female employee has a right to return to her former position in the new location. If the female employee so requests, the employer should consider the practicability of transferring her to a position at the same classification and grade in the former, or more suitable location.
11.8.7 Reversion to Maternity Leave —
11.8.7.1 A female employee who has returned to full time duty after less than her full entitlement to maternity leave, shall be entitled to revert to maternity leave either on a full time or part time basis if she so elects. This election may be exercised only once and a minimum of 4 weeks notice (or less if acceptable to the employer) of her intention to resume maternity leave must be given.
11.8.7.2 A female employee must still comply with the requirement to complete full time maternity leave before the child's first birthday or part-time maternity leave before the child's second birthday.
11.9 Calculation of Increments and Leave Credits —
11.9.1 Increments — Any period of paid maternity leave (at full or half-pay) shall count as full service for the purposes of determining incremental progression. However unpaid maternity leave shall not count as service for determining incremental progression.
11.9.2 Leave Credits —
(a) Maternity leave at full pay shall count as full service for the purposes of determining all forms of leave.
(b) Maternity leave at half pay is paid leave that is being taken at a reduced rate of pay and shall accrue all other leave at half the rate.
(c) Unpaid maternity leave shall not count as service for determining any form of leave entitlement except for long service leave in cases where at least 10 years of service has been completed and the unpaid maternity leave does not exceed 6 months.
11.10 Further Pregnancy —
11.10.1 General — Where a female employee becomes pregnant whilst on maternity leave, a further period of maternity leave shall be granted if requested.
11.10.2 Cessation of current entitlement to leave — When a female employee enters on the second period of maternity leave during the currency of the initial period of maternity leave, any maternity leave remaining from the initial entitlement ceases.
11.11 Superannuation — Female employees on maternity leave, whether paid or unpaid are not required to meet the employer's superannuation contribution. Contributors shall ensure however, that satisfactory arrangements are made with the appropriate Superannuation Scheme for the payment of their (that is, the employee's) superannuation component if required by their Superannuation Scheme to do so during maternity leave.
12. Adoption Leave
12.1 A staff member adopting a child and who will be the primary care giver shall be entitled to be granted adoption leave.
12.1.1 For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or
12.1.2 For such period, not exceeding 12 months on a full-time basis, as the employer may determine, if the child has commenced school at the date of the taking of custody.
12.1.3 A staff member who has been granted adoption leave may, with the permission of the employer, take leave full-time for a period not exceeding 12 months.
12.1.4 Adoption leave shall commence on the date that the staff member takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the staff member.
12.1.5 A staff member who resumes duty immediately on the expiration of adoption leave shall:
a) if the position occupied by the staff member immediately before the commencement of that leave still exists – be entitled to be placed in that position; or
b) if the position so occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.
12.1.6 A staff member who will be the primary care giver from the date of taking custody of the adopted child shall be entitled to payment at the ordinary rate of pay for a period of three weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period if the staff member:
12.1.7 Except as provided in paragraph 12.1.6 of this subclause, adoption leave shall be granted without pay.
12.1.8 Special Adoption Leave — A staff member shall be entitled to special adoption leave without pay for up to two days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave.
13. Parental Leave
Parental leave is leave without pay and is available to employees. An employee is entitled to take parental leave (in accordance with the provision below) in respect of each pregnancy of their spouse or partner, or adoption, where their spouse or partner is the primary care giver to the adopted child.
13.1 One week of unpaid leave from the date of birth of the child or the date of placement of an adopted child; and
13.2 with consent of the employer up to a further 51 weeks unpaid leave on a full-time basis; or
13.3 with consent of the employer up to a maximum of 103 weeks unpaid leave on a part-time basis.
Parental leave may be combined with accrued recreation leave and/or extended leave, provided the period of leave does not exceed the equivalent of 12 months full time leave.
14. Absence Whilst on Compensation to Count as Service For Leave Purposes
Absence due to incapacity caused by an accident for which compensation is payable is to be regarded as service for the accrual of all leave.
15. Absences Caused by Adverse Weather Conditions
Where an employee is stood down without pay because of an adverse weather condition, such absence is to be regarded as service for recreation and long service leave purposes.
16. Continuity of Service
16.1 Periods of absence not to affect continuity — Continuity of service shall be deemed not to be broken by periods of absence on recreation, sick or long service leave or other absences not involving a termination of the contract of employment.
An employee's contract of employment and continuity of service shall also be deemed not to be broken by termination of services arising directly or indirectly from an industrial dispute or where the services have been terminated by the employing authority by reason of slackness of work. Such break in the contract of employment however is not be taken into account in calculating the period of service.
16.2 Termination due to ill health and subsequent re-employment — Where the services of an employee have been terminated because of ill health but the employee is re-employed within a period of twelve months, the previous service is to be taken into account for recreation and sick leave purposes, provided the employee is able to produce a medical certificate which covers the whole period of absence, that is, from date of termination to date of re-employment.
16.3 Taking of Leave — Leave is to be taken, whenever practicable, upon the completion of each 12 months service and not later than six months after accrual.
16.4 General — In all other respects, the provisions for Recreation Leave under clause 4 apply.
17. Uniforms
One new uniform shall be supplied to each tipstaff upon appointment as a tipstaff and thereafter upon each twelve months completed service each tipstaff shall receive a new uniform provided that each tipstaff shall be responsible for the reasonable upkeep and repair of his or her own uniform.
18. Grievance and Dispute Settling Procedures
18.1 All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduate steps for further attempts at resolution at higher levels of authority within the Department, if required.
18.2 An employee is required to notify in writing their immediate supervisor, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter and if possible, state the remedy sought.
18.3 The immediate supervisor shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.
18.4 If the matter remains unresolved with the immediate supervisor, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Department Head.
18.5 The Department Head may refer the matter to the Public Sector Management Office for consideration.
18.6 If the matter remains unresolved, the Department Head shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
18.7 An employee, at any stage, may request to be represented by his or her union.
18.8 The employee or the union on their behalf, or the Department Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.
18.9 The employee, union and department and shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.
18.10 Whilst the procedures outlined in subclauses 18.1 to 18.9 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
19. Anti-Discrimination
19.1 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.
19.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have an obligation 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.
19.3 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.
19.4 Nothing in this clause is to be taken to affect:
19.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
19.4.2 offering or providing junior rates of pay to persons under 21 years of age;
19.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
19.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
19.5 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.
20. Leave Reserved
In the event that any conditions relating to matters other than those dealt with by this award are altered, except with the consent of the Public Service Association of New South Wales, liberty to apply is reserved to the Association.
21. Area, Incidence and Duration
21.1 This award shall apply to tipstaves to any Justice of the Supreme Court of New South Wales, the Industrial Relations Commission of New South Wales and the Land and Environment Court of New South Wales and to tipstaves to any Judge of the District Court of New South Wales and the Compensation Court of New South Wales.
21.2 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Tipstaves to Justices) Award published on 14 August 1964 (154 I.G. 678) and all variations thereof.
21.3 The award published on 14 August 1964 took effect from the beginning of the first pay period to commence on 5 June 1964 and the variations thereof incorporated herein on the dates set out in the attached Schedule A.
21.4 The changes made to the award published on 14 August 1964 and subsequent variations, pursuant to the Award Review, s19(6) of the Industrial Relations Act 1996 and 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 5 March 2001.
21.5 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
|Tipstaff |Salary per annum |
| |$ |
|1st Year of service |33,365 |
|2nd Year of service |34,006 |
|3rd Year of service |34,597 |
|Tipstaff to the Chief Justice |35,203 |
SCHEDULE A
Awards and Variations Incorporated
|Clause |Award/ |Date of |Date of Taking |Industrial |
| |Variation |Publication |Effect |Gazette |
| |Serial No. | | |Vol. Page |
|Crown | | |First pay period from | | |
|Employees (Tipstaves to Justices)| | | | | |
|Award | | | | | |
|1 to 7 |64/307 |14.8.64 |5.6.64 |154 |678 |
|1 and 3 |65/6 |8.1.65 |5.1.65 |156 |232 |
|1 and 3 |66/481 |29.4.66 |14.2.66 |161 |557 |
|3 |67/143 |14.8.68 |1.7.67 |170 |719 |
SCHEDULE B
Changes Made on Review
Date of Effect: 5 March 2001
(1) Provisions Modified:
|Award |Clause |Previous Form Of Clause |
| | |Last Published At: |
| | |I.G. Vol. Page |
|Crown Employees (Tipstaves to Justices) Award | | | |
|Definitions |2 |154 |678 |
|Salaries |3 |170 |720 |
|Leave |4 |154 |678 |
|Uniforms |5 |154 |678 |
|Existing Conditions |6 |154 |678 |
|Area, Incidence & Duration |7 |154 |678 |
(2) Provisions Removed
|Award |Clause |Previous Form Of Clause |
| | |Last Published At: |
| | |I.G. Vol. Page |
|Crown Employees (Tipstaves to Justices) Award | | | |
|Basic Wage |1 |170 |720 |
(3) Rescinded Obsolete Awards Related to this Review:
Nil.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
(709) SERIAL C0094
STARCH MANUFACTURERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5849 of 1999)
Before the Honourable Justice Marks 20 February 2001
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Rates of Pay
3. Undertakings
4. Definitions
5. Annual Leave
6. Bereavement Leave
7. Conditions of Employment
8. Disciplinary Procedure
9. Disputes Procedure
10. First-aid Attendant
11. Hours — Shift Work
12. Hours of Duty
13. Jury Service
14. Long Service Leave
15. Mixed Functions
16. Overtime
17. Payment of Wages
18. Proportion of Juniors
19. Sick Leave
20. Personal/Carer’s Leave
21. Sunday and Holiday Rates
22. Supply of Safety Footwear and Uniforms
23. Right of Entry
24. Workplace Consultation
25. Redundancy
26. Anti-Discrimination
27. Superannuation
28. Area, Incidence and Duration
Schedule A — Awards and Variations Incorporated
Schedule B — Changes made on Review
Appendix 1 — Wage Rates
Appendix 2 — Other Rates and Allowances
PART A
1. TITLE
This Award shall be known as the Starch Manufacturers &c. (State) Award.
2. RATES OF PAY
(i) Division I— Wheaten Starch:
(a) Adults — for current minimum rates of pay, see Appendix 1.
(b) Juniors — For current minimum rates of pay, see Appendix 1.
Where juniors are required to perform work ordinarily done by adults such juniors shall receive the rate fixed for adults according to the class of work performed.
(ii) Division II — Starch (Other than Wheaten Starch):
(a) Adults — For current minimum rates of pay, see Appendix 1.
(b) Juniors — For current minimum rates of pay, see Appendix 1.
(iii) Leading Hands: An employee appointed by their employer to supervise the work of not less than three other employees shall be paid the additional amount set out in Item 1 of Appendix 2 in addition to the rates prescribed for the class of work performed by such employee.
(iv) The rates of pay in this award include the first, second and third arbitrated safety net adjustments ($8.00 per week each 21st February 1994, 13th April 1995, 27th April 1998) payable under the State Wage Case — December 1994 Decision. All the above safety net adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.
(v) 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 payment; and/or
(b) award wage increases since 29 May 1991 other than Safety Net, State Wage case, and minimum rates adjustments.
3. UNDERTAKINGS
(a) Flexibility —
(i) Employees in the above classifications are to perform a wider range of duties including work which is incidental or peripheral to their main task or functions.
(ii) Subject to agreement of the enterprise level, employees are to undertake training for the wider range of duties and for access to higher classifications.
(iii) The parties will not create barriers to advancement of employees within the award structure or through access to training.
(iv) The parties will accept in principle a new classification structure in which descriptions will be more broadly based and generic in nature.
(v) The parties will co-operate in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.
(vi) 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.
(vii) 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.
(viii) All work performed under this Award shall be done in a manner consistent with the obligations upon all parties under the Occupational Health and Safety Act, any Regulations thereto and any successor legislation.
(b) Award Modernisation —
(i) Both parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and will assist positively in the restructuring process.
(ii) In conjunction with establishing the new award structure, the parties are prepared to discuss all matters raised which will lead to increased flexibility. As such any discussion must be premised on the understanding that:
(1) The majority of employees and the employer at each enterprise must genuinely agree.
(2) No employee will have their income reduced as a result of these changes. Income in the context of this clause shall not include overtime earnings.
(3) Any agreement reached shall not adversely affect the health and safety of the employees within the meaning of the state legislation.
(4) The union must be a party to the agreement.
(5) The union will not unreasonably oppose any agreement.
(6) Agreements will be ratified by the Commission.
(7) The disputes procedure will apply if agreement cannot be reached in the implementation process on a particular issue.
(c) Enterprise Arrangements —
(1) (i) As part of the Structural Efficiency exercise and as an on-going process, improvements in productivity and efficiency, discussion would take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanism across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces. Union delegates at the place of work may be involved in such discussions.
(ii) The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary provided that:
(1) A majority of employees affected genuinely agree.
(2) Such arrangement is consistent with the current State Wage Case principles.
(iii) (1) Before any arrangement requiring variation to the award is signed and processed in accordance with clause 3, details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member. A union or an employer association may within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements including the reasons for such objection.
(2) When an objection is raised, the parties are to offer in an effort to resolve the issue.
(2) Procedure To Be Followed — Such enterprise shall be processed as follows:
(i) All employees will be provided with the current prescriptions (eg, award, industrial agreement or enterprise arrangement) that apply at the place of work.
(ii) (1) Where an arrangement is agreed between the employer and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.
Where the arrangement is agreed between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.
(2) The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.
(iii) The arrangement shall be signed by the employer, or the employer's duly authorised representative and the employees, or their authorised representative with whom agreement was reached.
(iv) Where an arrangement is objected to in accordance with clause 1, (iii)(1) and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales to vary the award to give effect to the arrangement.
(v) The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed up by the parties.
(vi) If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission of New South Wales to have the arrangement approved.
Such applications are to be processed in accordance with the appropriate State Wage Case principles.
(vii) Such arrangement when approved shall be displayed on a notice board at each enterprise affected.
(viii) No existing employee shall suffer a reduction in entitlement of earnings, award or overaward, for working ordinary hours of work as the result of any kind of award changes made as part of the implementation of the arrangement.
4. DEFINITIONS
For the purpose of this award:
(i) Union — means the National Union of Workers, New South Wales Branch.
(ii) Adults — shall mean employees of 18 years of age and over.
(iii) Juniors — shall mean employees of under 18 years of age.
(iv) Any reference in the award to the male gender shall also be a reference to the female gender and vice versa.
5. ANNUAL LEAVE
See Annual Holidays Act 1944.
In addition to payment of "ordinary pay" as defined by the Act, the award now also prescribes:-
During a period of annual leave an employee shall receive a loading calculated on the rate of pay prescribed by Appendix (1) of this award.
The loading shall be as follows:
(a) Day worker — an employee who would have worked on day work only had the employee not been on leave, a loading of 17.5 per cent.
(b) Shift Worker — an Employee who would have worked on shift work had the employee not been on leave, a loading of 17.5%. Provided that where the employee would have received shift allowances prescribed by this award had the employee not been on leave during the relevant period and such allowances would have entitled the employee a greater amount than the loading of 17.5% then the shift allowances shall be added to the rate of wage prescribed by Appendix (1) in lieu of the 17.5% loading. Provided further that if the shift allowances would have entitled the employee to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be added to the rate of wage prescribed by Appendix (1) in lieu of the allowances.
The loading prescribed in this clause shall not apply to proportionate leave on termination.
6. BEREAVEMENT LEAVE
(a) An employee, other than a casual employee, shall be entitled to up to two days’ bereavement leave, up to and including the day of the funeral, without deduction of pay on each occasion of the death within Australia of a person as prescribed in subclause (c) of this clause, except in relation to a death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, where an employee, other than a casual employee, shall be entitled on notice to leave up to and including the day of the funeral/service of such relative, and such leave shall be without the deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days’ work.
Provided further, the provisions of this subclause shall apply upon the death outside Australia of any of the nominated persons upon the production of satisfactory evidence of the death and evidence of the employee’s travel outside Australia to attend the deceased’s funeral/service.
Provided further, where any of the nominated persons dies outside Australia and an employee, other than a casual employee, does not travel outside Australia to attend the funeral/service, such employee shall be entitled to leave not exceeding the number of hours worked by him/her on one ordinary day’s work for the purpose of attending a local service for the deceased. Evidence of the death and evidence of attendance at the service shall be furnished by the employee to the satisfaction of the employer.
(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, provide to the satisfaction of the employer, proof of death.
(c) Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of Personal Carer's Leave as set out in sub-paragraph (ii) of paragraph (c) of subclause (1) of clause 20, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 20. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
7. CONDITIONS OF EMPLOYMENT
Unless otherwise determined by agreement in accordance with Clause 24, Workplace Consultation, the following provisions shall apply:-
(A) Engagement — Subject to the following conditions the engagement of all employees under this Award shall be on the basis of either permanent employment (which includes part-time employees) or casual employment. Employees shall be notified prior to engagement under which category they are employed.
(i) Permanent Employees (including Part-time Employees):
(a) Probationary Period of Employment — All new permanent employees (which includes part-time employees) shall be employed under a probationary period of three months commencing from the date of engagement. During this period a new employee will be properly instructed on the tasks and requirements of the position to be filled. During the probationary period employment shall be on a day to day basis and the employee's employment may be terminated by either the employer or the employee at the end of any day or shift without notice.
(b) A "part-time employee" shall mean an employee who is employed on a permanent basis to work regular days and regular hours, either of which are less than the number of days or hours worked by full-time permanent employees employed at a site, but such days shall not be less than two per week and such hours shall not be less than 16 per week.
(c) The number of part-time employees that may be employed at a site shall not exceed the proportion of one part-time employee to every four or portion of four full-time permanent employees employed under this award.
(d) A part-time employee shall be paid per hour one thirty-eighth of the weekly rate prescribed for full-time employees for the classification in which they are employed.
(e) The spread of ordinary hours of part-time employees shall be the same as that applicable to full-time employees in the section of the establishment in which they are employed. The number of ordinary hours worked shall not on any day exceed the number of ordinary hours of permanent employees in the section in which the employee is employed and shall not in any week exceed the number of hours of permanent employees in the section without payment of overtime.
Subject to this subclause, all of the provisions of this award shall apply to a part-time employee.
(ii) Casual Employees —
(a) A casual employee means an employee engaged and paid as such.
(b) Casual employees shall be paid not less than 12.5% in addition to the rates specified for the various classes of employment provided for in Appendix (1) Wage Rates.
(NOTATION: The New South Wales Annual Holidays Act provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary time earnings in lieu of annual leave).
(B) Termination —
(i) Permanent Employees (Including Part-time Employees) — 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 wage as the case may be.
No such notice shall be given to an employee at the time of commencing their annual holidays or long service leave or during the currency of such holidays or leave.
(ii) Casual Employees — Employment shall be terminated by one hour's notice on either side given at any time during the week or by payment or forfeiture of one hour's ordinary pay as the case may be.
(iii) Instant Dismissal — These provisions shall not affect the right of the employer to dismiss any employee without notice of serious and wilful misconduct, and in such cases, the wages shall be paid up to the time of dismissal only.
(C) Stand Down —
(i) None of the above shall affect the right of the employer to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.
(ii) Except as provided by clause 21, Sunday and Holiday Rates of this award, employees shall not be entitled to full weekly wages unless they are ready, willing and available to work during the ordinary hours of the week prescribed by this award.
8. DISCIPLINARY PROCEDURE
Where it is agreed at a site that a Disciplinary Procedure should be adopted, it shall be introduced on the following basis (unless a contrary agreement already in existence is preferred by the parties):
OUTLINE FOR A DISCIPLINARY PROCEDURE - RELATION TO POOR WORK
PERFORMANCE OR UNSATISFACTORY CONDUCT
Without limiting the scope of application of this procedure "poor work performance or unsatisfactory conduct" would include the following:
• Unacceptable work quality
• Unsafe work practices
• Wilfully failing to abide by reasonable and lawful directions
• Excessive absenteeism.
Where it is alleged an employee's work performance or conduct is of a poor or unsatisfactory standard the following procedure may be adopted:-
1. Interview Process
An interview of the employee should be conducted by the employer or the employer's representative. It is appropriate for another member of management to be present as well as the Shop Steward or their representative (if the employee is a member of a union) or other nominated or responsible employee acceptable to the employee being disciplined. At the time of the interview the employee should be informed of the nature of the problem and be given the opportunity to explain their actions.
If the problem is not work related, efforts should be made to provide appropriate professional counselling or other outside assistance, where available.
If the problem is work related, it is suggested that certain details of the interview should be recorded, such as:
1. Nature of alleged poor work performance or unsatisfactory conduct and the specific details.
2. Date/s or alleged poor work performance or unsatisfactory conduct.
3. Date and time of the interview.
4. Signature of the parties present at the interview.
A copy of this record should be supplied to the employee concerned.
2. Discipline
If the warning resulting from the initial interview is unsuccessful a further interview similarly constituted should then take place.
At that time management should produce further evidence of the continued poor work performance or unsatisfactory conduct and the employee should be given the opportunity to explain his continued work performance or unsatisfactory conduct.
If the explanation is deemed unsatisfactory management may take disciplinary steps in relation to the employee.
Such disciplinary action may result in dismissal, however in some circumstances it would be appropriate that a further warning be given.
However in some less serious situations appropriate disciplinary measures may include:
• Relocation in the workplace;
• Reclassification to a lower grade of work;
• Restriction of Privileges;
• Admonishments recorded on the employee's personal file.
These forms of disciplinary measures may be either permanent or of a temporary nature, in which case previous entitlements may then be restored provided the employee's work performance or conduct has improved in the intervening period.
The employee may nonetheless be dismissed if any of these alternative disciplinary measures are found not to be a satisfactory solution.
3. Dismissal
(a) Dismissal Following Disciplinary Procedure
The employee should be notified in writing of impending dismissal and the reasons for same. The Shop Steward (or their representative) should be notified as soon as practicable if those course of action is to be taken.
(b) Instant Dismissal
The above procedures dealing with poor work performance or unsatisfactory conduct and are not intended to interfere with the operation of clause 7B(iii), which recognises the right of the employer to dismiss any employee without notice for serious and wilful misconduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty.
In such circumstances the following procedure should be followed:
(i) An investigation should be conducted to establish the facts.
(ii) The employee shall be interviewed in the presence of another member of Management and be informed of the alleged misconduct.
(iii) The employee shall be given the opportunity to explain or refute the alleged misconduct.
9. DISPUTES PROCEDURE
Where it is agreed at a site that a Disputes Procedure should be adopted, it shall be introduced on the following basis (unless contrary agreement already in existence is preferred by the parties).
(1) The following procedures shall be observed for handling grievances and settling of disputes. These procedures will not restrict the company or a duly authorised official of an employers organisation or a duly authorised official of their union making representations to each other.
(a) The union and the company shall notify to each other in writing the names and/or titles of duly accredited job representatives. The accredited union job representative will be the only person entitled to make representations on behalf of members of their union employed by the employer and the nominated company representative will be responsible for dealing with matters raised by the union job representative.
(b) The accredited union job representative and the nominated company representative shall make themselves available for consultation as required under the procedures.
(c) In the first instance, the accredited union job representative shall discuss matters affecting the employees they represent with the foreperson or supervisor of those employees.
(d) If the matter is not resolved at this level, the accredited union job representative should ask for it to be referred to the company's nominated representative and the foreperson or supervisor shall do so. The company's nominated representative shall arrange a conference to discuss the matter within 24 hours or such other period as is agreed with the accredited union job representative.
(e) If the matter is not resolved at the conference convened under paragraph (d) above, the accredited union job representative shall advise the appropriate local official of the union of the matter in issue. A conference on the matter will then be arranged, to be attended by such official or officials and the union job representative concerned as the union may decide, and by the nominated company including its association as the company may decide.
(f) If a matter has not been resolved when the procedures referred to above have been availed of, the employer and the union should enter into consultation about it at a higher level, on the employer and union sides, as the parties consider appropriate.
(g) At any stage in the procedures after consultation between the parties has taken place in accordance with the procedures, either party may ask for and be entitled to receive a response to their representations within a reasonable time. If there is undue delay on the part of the other party in responding to representations, the party complaining of delay may, after giving notice of their intention to do so, take the matter to a higher level in the procedures on their side.
(h) Without prejudice to either party, and except where a bona fide safety issue is involved, work shall continue in accordance with the award while matters in dispute between them are being negotiated in good faith. Where a bona fide safety issue is involved, the employer and the appropriate Safety Authority must be notified concurrently or at least a bona fide attempt made to so notify that authority.
(i) At any stage of the procedures, the parties may seek the assistance of some mutually acceptable person.
(j) If the matter is still not settled it shall be submitted to a member of the Industrial Relations Commission of New South Wales, whose decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final and shall be accepted by the parties.
(2) In the event of a party failing to observe these procedures, the other party may take such steps as are open to them to resolve the matter.
10. FIRST-AID ATTENDANT
In mills where an employer has appointed an employee who holds a certificate issued by St. Johns Ambulance or some other similar body as a first-aid attendant, an additional amount per week as set out in Item 2 of Appendix 2 for each week in which three days or more have been worked shall be paid to such employee and such amount shall be payable in addition to any amount paid for Annual Leave, Sick Leave and Public Holidays provided that this allowance shall not be subject to any premium or penalty additions. Provided that nothing in this subclause shall be taken as meaning that an employer shall be required to make such an appointment.
11. HOURS — SHIFT WORK
Unless otherwise determined by agreement in accordance with Clause 24 - Workplace Consultation, the following provisions shall apply:
(a) ORDINARY HOURS OF WORK
(i) Except as elsewhere provided in this clause the ordinary working hours shall not exceed an average of thirty-eight hours per week.
Different methods of working shifts may apply to various groups or sections of employees in the establishment concerned.
(ii) In the absence of agreement the ordinary working hours are not to exceed eight on any day.
(iii) Where agreements exists between the employer and an employee or between the employer and the majority of employees concerned, the ordinary hours of work can be worked at any time on any day of the week, Saturday and Sunday inclusive.
(b) DEFINITIONS
(i) "Day Shift" means a shift worked in accordance with the terms of Clause 12 - Hours of Duty, which forms part of a rostered shift system.
(ii) "Afternoon Shift" means any shift finishing after 6.00pm and at or before midnight.
(iii) "Night Shift" means any shift finishing after midnight and at or before 8.00am.
(iv) "Rostered Shift" means a shift of which the employee concerned has had at least forty-eight hours notice.
(v) "Continuous Work" means work carried on with consecutive shift of persons throughout the twenty-four hours of each day of the week without interruptions except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(c) PAYMENT OF ORDINARY SHIFTS
(i) Division I Wheaten Starch
(a) Employees whilst actually engaged during ordinary hours on afternoon shifts, rotating night shifts, and on non-rotating night shifts shall be paid the amounts set out in Items 3, 4 and 5 of Appendix 2 more than the ordinary rates prescribed by Appendix 1 — Wage Rates.
(NOTE: The shift work relates are fixed in relation 1/5th of the weekly rate prescribed for Process Attendants - hydrolysed protein, of Division I - Wheaten Starch of Appendix 1 - Minimum Award Wage rates in the following manner:
Afternoon Shifts 19.73%
Night Shifts (rotating) 24.56%
Night Shifts (non-rotating) 30.00%
(Calculated to the nearest 1 cent per shift).
(b) Provided that any employee instructed by their employer to change shift during any week shall be paid an additional amount set out in Item 6 of Appendix 2 for each change but not for the change back again.
(c) By agreement between the employer and the majority of employees concerned a system of averaging the shift allowances may be introduced.
(ii) Division II — Starch (Other than wheaten starch)
(a) On day, afternoon and night shifts in regular weekly rotation — set out in Item 7 of Appendix 2.
(b) On day and night shifts only in regular weekly rotation — set out on in Item 8 of Appendix 2.
(c) On afternoon and night shifts only in regular weekly rotation — set out in Item 9 of Appendix 2.
(d) On afternoon shifts only — set out in Item 10 of Appendix 2.
(e) On permanent night shifts only — set out in Item 11 of Appendix 2.
(f) Change of shift allowance — set out in Item 12 of Appendix 2.
(d) RATES FOR ORDINARY SHIFTS ON SATURDAY, SUNDAY AND HOLIDAYS
(i) In a system of non-continued shift work where night shift commences on Monday night and ends of Saturday morning the hours worked by that night shift between midnight on Friday night and the completion of that shift on Saturday shall be paid for at single time rates.
(ii) Subject to paragraph (i) an ordinary shift the major portion of which is worked on a Saturday shall be paid for at time and one half rates. An ordinary shift the major portion of which is worked on a Sunday or Holiday shall be paid for at double ordinary time. Such extra rate shall be in substitution for shift allowances as prescribed in subclause (c) above.
(e) DAY WORKER CHANGING TO SHIFT WORK
Where a day worker commences shift work at the instruction of the employer without seven days' notice (or the reduced period of forty-eight hours notice where the transfer to shift work is necessitated by absenteeism) the employee shall be paid time and one half rates for all ordinary time worked until such required notice would have expired. Such extra rate shall be in substitution for the shift allowance.
(f) CHANGE OF SHIFT ROSTERS
DIVISION I — WHEATEN STARCH
Employees placed on the shift roster shall not have their roster changed by the employer without 48 hours notice of such change or payment is made at time and one half rates for ordinary time worked until such 48 hours notice would have expired. Such extra rate shall be in substitution for the shift allowance.
(g) TERMINATION OF SHIFT
A shift worker shall be given seven days' notice of the cessation of the shift work. If such notice is not given the appropriate shift allowances set out in subclauses (c) and (d) hereof shall apply to ordinary time worked until such seven days' notice would have expired.
(h) MEAL BREAKS
(i) Employees employed in mills running two shifts shall be allowed 30 minutes for meals during each shift and no time shall be deducted for such meals except where a meal relief is granted on day shifts and the employees concerned are paid an additional amount per shift and in such cases not less than 30 minutes nor more than one hours shall be allowed for meals which shall not be counted as time worked as set out in Item 13 of Appendix 2.
(ii) Employees employed in mills running three shifts shall be allowed 30 minutes for meals and no time shall be deducted for meals on any shift.
(i) NOTICE OF ROSTERED SHIFTS OFF
In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.
(j) BANKING OF ROSTERED SHIFTS OFF
By agreement between the employer and an employee, or between the employer and the majority of employees concerned, rostered shifts off may be accumulated (banked) and shall be entitled to be taken in a manner agreed upon between the employer and the employee.
(k) ROSTERED SHIFTS OFF NOT TO COINCIDE WITH HOLIDAYS
(i) In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered shift off during the work cycle, the shift to be taken off shall not coincide with a holiday fixed in accordance with clause 21.
(ii) Provided that, in the event that a public holiday is prescribed after an employee has given notice of a rostered shift off in accordance with subclause (h) of this clause and the holiday falls on such shift the employer shall allow the employee to take an alternative shift off in lieu.
(iii) An employee working continuous shift work who by the arrangement of ordinary hours of work is entitled to a rostered shift off which falls on a public holiday prescribed by Clause 21 of this Award shall at the discretion of the employer, be paid for that day one-fifth the ordinary weekly rate of pay or have an additional day added to the annual leave entitlement. This provision shall not apply when the holiday on which the employee is rostered off falls on a Saturday or Sunday.
(l) WORK ON A ROSTERED SHIFT OFF
Unless a rostered shift off is substituted for another shift off in accordance with subclause (j) and (m) work performed on the rostered shift off will be paid in accordance with clause 17, Payment of Wages.
(m) SUBSTITUTE SHIFT
The employer and an employee or the employer and the majority of employees concerned may by agreement substitute the shift an employee or the employees are to take off during a work cycle for another shift without the payment of penalty rates.
(n) DAYLIGHT SAVING
Notwithstanding anything contained elsewhere in this Award, in any area where, by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State the length of any shift:-
(i) Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, or
(ii) Commencing on or before the time prescribed by such legislation for the termination of a summer time period shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set at the time fixed pursuant to the relevant State legislation.
In this subclause the expression "standard time" and "summer time" shall bear the same meaning as prescribed by the relevant State legislation.
12. HOURS OF DUTY
Unless otherwise determined by agreement in accordance with clause 24, Workplace Consultation, the following provisions shall apply:
(a) ORDINARY HOURS OF WORK
(i) Except as provided elsewhere in this clause, ordinary working hours shall not exceed an average of 38 per week to be worked between 6.00am and 6.00pm, Monday to Friday on one of the following bases:
(1) 38 hours within a work cycle of one week
(2) 76 hours within a work cycle of two weeks
(3) 114 hours within a work cycle of three weeks
(4) 152 hours within a work cycle of four weeks.
Different methods of implementation of a 38-hour week may apply to various groups or sections of employees in the establishment concerned.
(ii) In the absence of agreement the ordinary working hours are not to exceed eight on any day.
(iii) Where agreement exists between the employer and the employee or between the employer and the majority of employees concerned, the ordinary hours of work can be worked at any time on any day of the week, Saturday and Sunday inclusive.
(b) RATE FOR ORDINARY HOURS ON SATURDAY AND SUNDAY
Ordinary hours of work performed on a Saturday shall be paid for at the rate of time and one half and on a Sunday at double time.
(c) MEAL BREAK
A meal break shall be allowed for a minimum of half an hour or such other period as may be agreed upon between the employer and an employee or between the employer and the majority of employees concerned. An employee shall not be required to work for more than five ordinary hours without a meal break unless otherwise agreed, provided that the time of taking a meal break for a particular day may be varied to meet the needs of the establishment. If a meal break is not given within six hours an employee shall be paid at time and one half rates until a meal break is allowed.
(d) NOTICE OF ROSTERED DAYS OFF
In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.
(e) BANKING ROSTERED DAYS OFF
By agreement between the employer and an employee or between an employer and the majority of employees concerned rostered days off may be accumulated (banked) and shall be entitled to be taken in a manner agreed upon between the employer and the employee.
(f) ROSTERED DAY OFF NOT TO COINCIDE WITH HOLIDAY
In cases where, by virtue of the arrangement of the ordinary hours of work, the employee is entitled to a day off during the work cycle, the weekday to be taken off shall not coincide with a holiday fixed in accordance with Clause 21.
(g) SUBSTITUTE DAYS
(i) The employer and an employee or the employer and the majority of employees concerned may by agreement substitute the day the employee or employees are to take off during a work cycle for another day.
(ii) An apprentice who is required to attend trade school on a rostered day off shall be entitled to a substitute day as soon as practicable following the attendance at trade school.
(h) WORK ON A ROSTERED DAY OFF
Unless a rostered day off is substituted for another day off in accordance with subclause (e) or (g) work performed on the rostered day off will be paid in accordance with clause 16, Overtime.
13. JURY SERVICE
An employee 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 their 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 the employee not been on jury service.
An employee shall notify the company as soon as possible of the date upon which they are required to attend for jury service. Further, the employee shall give their employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
14. LONG SERVICE LEAVE
See Long Service Leave Act 1955.
15. MIXED FUNCTIONS
Subject to the provisions of this clause an employee engaged for more than two hours of one day or shift on duties carrying a higher rate of wage than their ordinary classification shall be paid the higher rate for such day or shift. If so employed for two hours or less of one day or shift they shall be paid the higher rate for the time so worked.
Provided further where an employee is transferred, without having received at least one week's notice, to a grade of work carrying a lower rate of wage than that at which the employee is usually employed, the employee shall be paid during such week the rate of wage the employee was receiving for the work usually performed by the employee.
16. OVERTIME
Unless otherwise determined by agreement in accordance with Clause 24, Workplace Consultation, the following provisions shall apply:
(a) (i) All work done outside the ordinary hours of work shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter. Provided that in respect of overtime worked on a Saturday payment shall be made at the appropriate overtime rate as for a minimum of three hours worked, except in the case of a shift worker continuing in overtime after having finished their ordinary hours of work on a Saturday. In the computation of overtime each day or shift shall stand alone.
(ii) An employee shall not be paid overtime for work on any day until the employee has worked the equivalent of their ordinary hours for the day. This provision is intended to apply in circumstances where employees are late for work or are unlawfully absent during the day.
(b) Where, after having left their place of employment, an employee is recalled to work from their home, the employee shall be paid for at least three hours work at the appropriate rate, except where such recall occurs within one hour of the employee's normal commencement time. In such case overtime rates shall apply until the normal commencement time and then ordinary rates shall be payable.
(c) An employee who works so much overtime between the termination of the ordinary hours of work on one day or shift and the commencement of the ordinary hours of work on the next day or shift that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double ordinary rates until they are released from duty for such period, and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
The provisions of this subclause shall apply in the case of shiftworkers as if eight hours were substituted for ten hours when overtime is worked:
(i) For the purpose of changing shift rosters; or
(ii) Where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or
(iii) Where a shift is worked by arrangement between employees themselves.
(d) Compulsory Overtime
(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 organisation party to this award shall not in any way, whether directly or indirectly, by a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(e) Time off in lieu of overtime, call back, Sunday and holiday work
Subject to the following provisions, time off in lieu of payment of overtime, call back, Sunday and holiday work may be taken by an employee. The amount of time off shall be calculated on the basis of the appropriate penalty rate. This alternative to the payment of penalty rates shall only apply by agreement between the employer and the employee concerned.
(f) Standing By
An employee required by the employer to hold the employee in readiness for call back to work shall be paid "stand by" time at ordinary award rates of pay from the time the employee is required to so hold the employee in readiness until released by the employer from the requirement to "stand by".
(g) Crib times and meal allowances
(i) An employee required to work more than two hours overtime immediately before or immediately after their ordinary hours of work on any day or shift shall be allowed a crib time of twenty minutes, payable at ordinary rates, upon completion of two hours overtime; an employee required to continue to work overtime after their first crib time shall be allowed a further crib time of twenty minutes, payable at overtime rates, at the end of each further four hours of overtime worked, provided that an employee shall not be entitled to any particular crib time prescribed unless the employee is required to continue to work overtime after any such crib time.
(ii) An employee required to return to the mill to work overtime shall be allowed a crib time of twenty minutes upon completion of each four hours overtime worked which shall be paid for at overtime rates; provided further an employee shall not be entitled to any particular crib time prescribed unless the employee is required to continue to work overtime after any such crib time.
(iii) An employer and employee may agree to any variation of the above crib time provisions to meet the circumstances of the work in hand which is not less favourable to the employee and which will not require the employer to pay in excess of twenty minutes at the appropriate rate for the prescribed crib time.
(iv) In addition to the crib times allowed in accordance with this subclause the employee shall be paid a meal allowance as set out in Item 14 of Appendix 2.
17. PAYMENT OF WAGES
Unless otherwise determined by agreement in accordance with Clause 24, Workplace Consultation, the following provisions shall apply:
(a) (i) EMPLOYEE WHO ACTUALLY WORKS 38 ORDINARY HOURS EACH WEEK
In the case of an employee whose ordinary hours of work are arranged so that the employee works 38 ordinary hours each week, wages shall be paid according to the actual ordinary hours worked each week.
(ii) EMPLOYEE WHO WORKS AN AVERAGE OF 38 ORDINARY HOURS EACH WEEK
Subject to subclauses (c) and (d) hereof, in the case of an employee whose ordinary hours of work are arranged so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.
(b) ABSENCES FROM DUTY
(i) An employee who works an average of 38 ordinary hours each week and is absent from duty (other than for public holidays, paid sick leave, bereavement leave or jury service leave) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the average weekly wage by 5.
(ii) When an employee is absent from duty for a whole day (other than for public holidays, paid sick leave, bereavement leave or jury service leave) the employee will not accrue a `credit' because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which they would otherwise have been paid. Consequently, during the week of the work cycle in which the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the `credit' the employee does not accrue for each whole day during the work cycle the employee is absent.
The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on public holidays, paid sick leave, bereavement leave or jury service) is to be calculated as follows:
Total of “credits” not accrued during cycle X average weekly pay
38
(c) Wages shall be paid at each establishment on either a weekly, fortnightly or four-weekly basis and on the weekday in that period as agreed between the employer and the majority of employees.
(d) DAY OFF COINCIDING WITH PAY DAY
In the event that an employee, by virtue of the arrangement of their ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.
(e) An employee kept waiting for wages paid in cash on pay day for more than 15 minutes after the usual time for ceasing work shall be paid at overtime rates after that 15 minutes for the time spent waiting.
(f) TERMINATION OF EMPLOYMENT
Upon termination of the employment wages due to an employee shall be paid at the end of the final shift.
In the case of an employee who is paid average pay and who has not taken a rostered day off due to them during the work cycle in which the employment is terminated, the wages due to that employee shall include the total of credits accrued during the work cycle. Where the employee has taken a day off during the work cycle in which the employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.
(g) METHOD OF PAYMENT
(i) Subject to paragraph (ii), an employer shall pay an employee's wage in cash.
(ii) Payment by cheque or electronic funds transfer
Where an employer and employee agree, the employee may be paid wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account. Where the majority of employees at an establishment are paid by one of these alternative methods, the employer is entitled to pay all employees in a like manner.
At an establishment where one of these alternative methods of payment of wages has been introduced new employees will be advised that payment of wages by cheque or by direct transfer will apply from the commencement of employment and an authority to do so will be obtained from the employee at the time of commencing employment.
18. PROPORTION OF JUNIORS
The proportion of juniors to be employed in the industry shall be one junior employee to every three or fraction of three adult employees employed.
19. SICK LEAVE
Unless otherwise determined by agreement in accordance with Clause 24, Workplace Consultation, the following provisions shall apply:
(a) ELIGIBILITY FOR PAID SICK LEAVE
A weekly employee, having had at least three months' service with the same employer, shall be entitled to paid sick leave when absent from duty as a result of personal illness or accident (other than an accident for which the employee is entitled to workers' compensation) subject to the following conditions:
(i) Notice of absence
An employee shall inform their employer of inability to attend for duty due to personal illness or accident not later than one hour prior to the commencement of the ordinary hours of the first day or shift of the absence. Provided that where an employee gives the employer a satisfactory explanation for late notification, the employee may notify the employer during the first day or shift of the absence, but not later.
(ii) Proof of reason for absence
An employee shall prove to the satisfaction of the employer that their non-attendance was due to personal ill health necessitating such absence and was not caused by intemperance.
In the case of single day absences the employer may require an employee to make a statutory declaration verifying the cause of their absence.
(b) COMMON SICK LEAVE YEAR
(i) Each establishment shall have a common sick leave year for all its employees.
(ii) An establishment's common sick leave year, shall be the twelve month period which coincides with its accounting period for the purposes of the Income Tax Assessment Act.
(c) AMOUNT OF SICK LEAVE
(i) After three months service with the same employer an employee shall be entitled to 3.17 hours sick leave for each completed month of service rendered during the first year of employment.
(ii) After twelve months' service with the same employer an employee shall be entitled to 5.06 hours sick leave for each completed month of service from the end of their first twelve months of employment until the beginning of the establishment's next common sick leave year.
(iii) Each employee not covered by paragraph (i) or (ii) of this subclause shall be entitled to 60.8 hours sick leave at the beginning of an established common sick leave year.
(d) ACCUMULATION OF UNTAKEN SICK LEAVE
If an employee has not taken any part of an entitlement to sick leave prescribed by subclause (c) the untaken portion shall, subject to subclause (e), accumulate from year to year.
(e) ORDER IN WHICH SICK LEAVE SHALL BE TAKEN
Where an employee is eligible to the payment of sick leave under subclause (a) it shall be granted to the employee from the available sources in the following order:-
(1) the current year's sick leave entitlement
(2) From accrued entitlements.
20. PERRSONAL/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 19, 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 too 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.
21. SUNDAY AND HOLIDAY RATES
(i) (a) The days upon which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and the Union Picnic Day, which shall be held on the last Monday in October each year, together with any other days which shall be proclaimed by the Government as public holidays shall be recognised as holidays and no deduction shall be made from the wages of weekly employees for such holidays if not worked; provided that, in the case of shift workers, each such holiday shall be deemed to commence at the usual starting time of the ordinary hours of work of the day shift on the day of the holiday and to end at the corresponding time on the following day except where the usual starting time of the ordinary hours of shift commences at or before midnight on a Sunday, in any factory, in which case each such holiday shall be deemed to commence at the same time at or before midnight on a Sunday and to end at the corresponding time on the day of the holiday.
(b) In localities where no Labour Day is observed a day in lieu thereof shall be granted to employees and such day shall be arranged mutually between the employer and the union.
(c) Any employee required to work on any of the abovementioned holidays other than on Good Friday or Christmas Day shall be paid at the rate of double time and one half.
(d) Any employee required to work on Good Friday or Christmas Day shall be paid at the rate of double time in addition to the ordinary rate of pay.
(e) Any employee required to work on a Sunday shall be paid at the rate of double time.
(ii) Payment of any holiday need not be made in cases where an employee is absent on the last working day prior to the holiday or on the first working day following the holiday unless such absence is due to illness or the action of the employer or is taken with the permission of the employer.
(iii) No employee, other than a shift worker, shall be required to work on a Sunday or a holiday unless given forty-eight hours' notice that they will be so required.
(iv) Rostered Day Off falling on a public holiday — In the case of an employee whose ordinary hours of work are arranged in such a manner as to include a rostered day off in accordance with Clause 11 or Clause 12, the week day to be taken off shall not coincide with a public holiday fixed in accordance with this clause, provided that, in the event that a public holiday is prescribed after an employee has been given notice of a weekday off in accordance with subclause (i) of clause 11 or subclause (d) of clause 12, and the public holiday falls on such weekday the employer shall allow the employee to take a day off in lieu on an alternative week day.
22. SUPPLY OF SAFETY FOOTWEAR AND UNIFORMS
(i) Where an employer requires an employee to wear a special establishment uniform the employer shall provide such uniform. If the employee is not allowed to take the uniform home to be laundered the employer shall be responsible for the laundering thereof.
(ii) Upon commencement of employment, an employer shall supply to a permanent employee, upon request, safety footwear free of charge; such footwear shall remain the property of the employer, but it shall be a condition of the employment that the employee shall wear such safety footwear at all times whilst at work. "Worn out" safety footwear shall be replaced by the employer free of charge to the employee when an employer is satisfied that the safety footwear is worn out and upon the footwear being returned to the employer. On termination of the employment the employee shall upon request return the safety footwear issued to the employee in good order and condition, fair wear and tear excepted.
23. RIGHT OF ENTRY
See Industrial Relations Act 1996.
24. WORKPLACE CONSULTATION
The development of effective participative/consultative practices is important in the process of award restructuring and can lead to advantages for both employers and employees. It is therefore recommended that participative/consultative mechanisms at the enterprise level be implemented.
(i) Consultative mechanisms/practices shall be implemented within each enterprise where agreement exists between employers and employees.
(ii) The form, structure and method of implementing Consultative Mechanisms/Practices shall be determined at the enterprise level through negotiation between the employer, employees and where either party deems it appropriate the union. The union shall where involved be represented in the consultative process by shop stewards.
(iii) The union agrees that at enterprises where consultative mechanism/practices are in place the parties may, by agreement, vary the application of designated award conditions referred to in this Award. The union shall be party to the ratification of any agreement but shall not unreasonably withhold such agreement where the employees genuinely agree.
(iv) Where an enterprise does not have in place agreed Consultative Mechanisms/Practices current award provisions will apply unless otherwise varied in accordance with the Award Modernisation provision of clause 3, Undertakings.
(v) The Union reserves the right to advise its members as it deems appropriate on Award issues under discussion.
The process of consultative practices is a mechanism through which employees can be involved in and positively contribute towards management’s decision making process. All decisions are encouraged to be reached through consultative mechanisms/practices however, managerial prerogative is acknowledged.
In circumstances where agreement cannot be reached, parties can exercise their rights pursuant to the Grievance Procedure.
25. REDUNDANCY
(i) Application —
(a) This clause shall apply in respect of full-time and part-time employees.
(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(ii) Introduction of Change —
(a) Employer's Duty to Notify —
(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(2) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(b) Employer's Duty to Discuss Change —
(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(iii) Redundancy —
(a) Discussions Before Terminations —
(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this 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 on the employees concerned.
(3) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(iv) Termination of Employment —
(a) Notice for Changes in Production, Programme, Organisation or Structure —
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii)(a)(1) above.
(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:
Period of Continuous Service Period of Notice
Less than 1 year 1 week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4 weeks
(2) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.
(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for Technological Change —
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with sub-clause (ii)(a)(1) above:
(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.
(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off During the Notice Period
(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(d) Employee Leaving During the Notice Period
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Appropriate Commonwealth Agency
Where a decision has been made to terminate employees, the employer shall notify the appropriate Commonwealth Agency thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) Department of Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.
(h) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.
(v) Severance Pay
(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:
(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
Under 45 Years of Age Years of Service Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16 weeks
(2) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
Years of Service 45 Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20 weeks
(3) “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 allowances provided for in the relevant award.
(b) Incapacity to Pay
Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.
The Industrial Relations Commission of New South Wales 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 (i) above will have on the employer.
(c) Alternative Employment
Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above if the employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause —
Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.
26. ANTI-DISCRIMINATION
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity 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."
27. SUPERANNUATION
DEFINITIONS:
(i) "Fund" — In this clause, all reference to "fund" shall mean the Milling and Associated Industries Superannuation Fund (the MAIS fund) at sites providing occupational superannuation prior to 1 July 1991; or, the Labour Union Co-operative Retirement Fund (LUCRF) at sites introducing Occupational Superannuation on or after 1 July 1991.
(ii) "Ordinary-time earnings" — In this clause, the term "ordinary-time earnings" shall mean the award classification rate, including supplementary payments where relevant, overaward payments and shift work loadings.
(iii) "Approved superannuation scheme" — For the purpose of this clause, "approved superannuation scheme" means a scheme approved in accordance with the Commonwealth's operational standards or occupational superannuation funds.
EMPLOYER CONTRIBUTIONS:
(i) In addition to other payments provided for under this award, the employer shall make a superannuation contribution to the fund on behalf of eligible employees of an amount equivalent to 3% of the employee's ordinary time earnings.
(ii) Payment shall be made on a monthly basis and cover pay periods completed in that time.
(iii) The majority of employees in an establishment will determine the appropriate fund for that establishment prior to 1 July 1991, after which time the Labour Union Co-operative Retirement Fund (LUCRF) shall be the only defined fund.
ELIGIBILITY
(i) Employers shall only be required to make contributions in accordance with this clause in respect of employees who have been employed by the employer continuously for a period of three months.
(ii) Contributions for casual employees will be made at the end of each calendar months, calculated at 3 per cent of all earnings during the month; provided that, if a casual employee's hours are less than 12.5 hours in any week, the employer shall not be required to make any contribution.
(iii) Employees who become eligible to join the fund shall, in addition to contributions under “Employer Contributions) hereof, be entitled to a once only contribution by the employer to the fund in respect of the qualifying period. Such contributions shall be equivalent to contributions under “Employer Contributions”.
EMPLOYER'S CONTRIBUTION DURING LEAVE WITHOUT PAY — Where an employee is absent on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee in respect of the period of unpaid absence.
EMPLOYEE CONTRIBUTIONS
(i) Employees who wish to make contributions to the fund additional to those being paid by the employer pursuant to “Employer Contributions” hereof, shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee.
(ii) Employee contributions to the fund requested under this subclause shall be made in accordance with the rules of the fund.
CESSATION OF CONTRIBUTIONS — The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.
EMPLOYER'S FAILURE TO PARTICIPATE IN FUND — Where an employer has failed to make application to participate in the fund, the employer shall make application to participate in the fund and, upon acceptance by the trustees, shall make once only contribution to the fund in respect of each eligible employee equivalent to the contributions which would have been payable under this clause had the employer made application to participate in the fund and been accepted by the trustees prior to 1 July 1991.
FUND MEMBERSHIP
(i) An employer shall, within fourteen days of an employee becoming eligible for contributions as described in subclause (iii) hereof, inform each eligible employee of the availability of superannuation entitlements and offer such employee the opportunity to join the Fund.
(ii) Such offer shall be made in writing by the employer and shall, if not accepted, be rejected in writing by the employee. Contributions made by the employer shall only begin from the date when the employee applied to join the Fund.
(iii) Where an employee, after being made aware of the superannuation entitlement by the employer, refuses to become a member of the Fund, the employer will not make contributions in accordance with this clause.
EXCLUSIONS
(i) An employer making a 3 per cent contribution (or more) to an approved superannuation scheme for employees under this award prior to 1 July 1991 is automatically excluded from the provisions of this clause.
(ii) Other than as provided in paragraph (i) hereof, no employer shall be excluded from the operation of this clause on the basis of existing voluntary superannuation arrangements.
STANDARDS OF PROOF
Where doubt exists as to whether contributions were made in accordance with subclause (i), prior to 1 July 1991, the provision of the statutory declaration by the employer shall be deemed to be prima facie evidence of the date of the operation of the contributions.
EXEMPTIONS
An individual employer, other than an employer covered by subclause (i) may make application for exemption from the requirement to pay contributions to the fund pursuant to this clause.
The Commission may grant such exemption having regard to the following procedures and circumstances:
(i) Provided that leave is reserved to any employer to apply for exemption from this clause on the grounds of the standards of existing arrangements provided by the employer as at 1 July 1991.
(ii) It is further provided that in circumstances where the Union is concerned about a Fund established on or after the commencement date of this clause, it may challenge the suitability of that Fund. In the event of dispute between the parties in the application of this exemption clause, the matter shall be referred to the Commission for resolution. During the period required to obtain such a resolution, work shall continue as normal.
(NOTATION: Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act, 1992 (Cth.) and the Superannuation Guarantee (Administration) Act, 1992 (Cth.) and complimentary legislation. Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of making this award.)
28. AREA, INCIDENCE AND DURATION
(a) This award shall apply to employees in wheaten starch mills and employees engaged in the manufacture of hydrolysed vegetable protein, glucose and dextrin in the State, excluding the County of Yancowinna within the jurisdiction of the Starch and Condiment Makers, &c. (State) Industrial Committee.
(b) This award is made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Starch Manufacturers, &c. (State) Award published 12 November 1999 (312 I.G. 1) and all variations thereof.
(c) The award published 12 November 1999 took effect from the beginning of the first pay period to commence on or after 27 April 1998 and the variations incorporated therein on the dates set out in the attached Schedule A.
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) are set out in the attached Schedule B and take effect on 20 February 2001.
This award remains in force until varied or rescinded, the period for which it was made having already expired.
SCHEDULE A
Awards and Variations Incorporated
|Clause |Award/Variation |Date of |Date of taking |Industrial |
| |Serial No. |Publication |Effect |Gazette |
| | | | |Vol. |Page |
|Starch Manufacturers, &c. |B6530 |12 November 1999 |First Pay Period From: | | |
|(State) Award | | |27 April 1998 |312 |1 |
|Appendix 1 & Appendix 2 |B8568 |17 March 2000 |First Pay Period From: |314 |201 |
| | | |14 October 1999 | | |
|Appendix 1 & Appendix 2 |B8795 |28 April 2000 |First Pay Period From: |315 |331 |
| | | |14 October 1998 | | |
|9A |B8326 |12 May 2000 |First Pay Period From: |315 |820 |
| | | |3 June 1999 | | |
|6 |B9321 |25 August 2000 |First Pay Period From: |318 |199 |
| | | |10 December 1998 | | |
SCHEDULE B
Changes Made on Review
Date of Effect: 20 February 2001
(1) Provisions Modified
|Clause |Previous Form of Clause |
| |Last Published At: |
| |I.G. Vol. |Page |
|AWARD: Starch manufacturers, &c. (State) Award | | |
|1 |312 |1 |
|2 |312 |1 |
|3 |312 |1 |
|4 |315 |1 |
|5 |312 |1 |
|6 |318 |199 |
|7 |312 |1 |
|8 |312 |1 |
|9 |312 |1 |
|9A |315 |820 |
|10 |312 |1 |
|11 |312 |1 |
|12 |312 |1 |
|13 |312 |1 |
|14 |312 |1 |
|15 |312 |1 |
|16 |312 |1 |
|17 |312 |1 |
|18 |312 |1 |
|19 |312 |1 |
|20 |312 |1 |
|21 |312 |1 |
|22 |312 |1 |
|23 |312 |1 |
|24 |312 |1 |
|25 |312 |1 |
|26 |312 |1 |
|27 |312 |1 |
|28 |312 |1 |
|Appendix 1 |315 |331 |
|Appendix 2 |315 |331 |
(2) Provisions Removed:
|Award |Clause |Previous form of Clause |
| | |Last published at: |
| | |I.G. Vol. |Page |
|Starch Manufacturers &c. (State) Award | | | |
| |2 (iii) |312 |1 |
APPENDIX 1 — WAGE RATES
ADULTS
(i) DIVISION I — WHEATEN STARCH
(a) ADULTS: The following weekly wage shall be paid:
| | |Minimum Award Rate |
|Classifications |Former Award Rate (Per Week) |(Per Week) |
| |14 Oct 1999 |14 Oct 2000 |
| |$ |$ |
|Process Attendants — Hydrolysed Protein |426.60 |441.60 |
|Process Attendants — Other |416.70 |431.70 |
|Forklift Drivers |420.50 |435.50 |
|All Other Employees |402.60 |417.60 |
(b) JUNIORS: The minimum rates of pay to be paid to junior weekly hands shall be as follows:
|Classifications |Percentage of wages of all other employees |
| |(to nearest 5 cents) |
|Under 16 Years of Age |57 |
|At 16 and Under 17 Years of Age |60 |
|At 17 and Under 18 Years of Age |69 |
|At 18 Years of Age |Full Adult Rate |
Where youths are required to perform work ordinarily done by adults, such youths shall receive the rate fixed for adults according to the class of work performed.
(ii) Division II — Starch (Other than Wheaten Starch)
(a) ADULTS: The following weekly rates shall be paid:
| |Former Award Rate |Minimum Award Rate |
|Classifications |(Per Week) |(Per Week) |
| |14 Oct.1999 |14 Oct. 2000 |
| |$ |$ |
|Feedhouse Dryer Operator |413.40 |428.40 |
|Starch Treater |413.40 |428.40 |
|Starch/Gluten Separator Operator |413.40 |428.40 |
|Germ/Fibre Separator Operator |413.40 |428.40 |
|Evaporator Operator |408.10 |423.10 |
|Starch Dryer Operator |408.10 |423.10 |
|Gluten Dryer Operator |408.10 |423.10 |
|Expeller Operator (Oil) |408.10 |423.10 |
|Steepman |408.10 |423.10 |
|Forklift Driver |408.10 |423.10 |
|Dry Blend Operator |402.80 |417.80 |
|Drum Dryer Operator |402.80 |417.80 |
|Feed Packerman |399.20 |414.20 |
|Starch Packerman |399.20 |414.20 |
|Filter Press Operator |399.20 |414.20 |
|All Other Employees |389.60 |404.60 |
Appendix 2 — Other Rates and Allowances
|Item 1 |Leading Hands |$3.40 Per day |
|Item 2 |First-Aid |$7.28 per week |
|Item 3 |Afternoon Shifts (Division 1) |$16.95 per shift |
|Item 4 |Rotating Night Shifts (Division 1) |$21.12 per shift |
|Item 5 |Non-rotating night shift (Division 1) |$25.76 per shift |
|Item 6 |Change of Shift Allowance (Division 1) |$14.11 per shift |
|Item 7 |Day, Afternoon and Night Shifts in regular weekly rotation (Division 1) |$43.20 per week |
|Item 8 |Day and night shifts only in regular weekly rotation (Division 11) |$43.20 per week |
|Item 9 |Afternoon and Night Shifts only in regular weekly rotation (Division 11) |$63.80 per week |
|Item 10 |Afternoon Shifts only (Division 11) |$63.85 per week |
|Item 11 |Permanent night shifts only (Division 11) |$95.75 per week |
|Item 12 |Change of Shift Allowances (Division 11) |$22.23 per week |
|Item 13 |Payment with meal relief on day shift |$1.70 per shift |
|Item 14 |Meal Allowance |$5.30 per meal |
F. MARKS J.
Starch and Condiment Makers, &c. (State) Industrial Committee
Industries and Callings
Employees Employed In:
. grain mills (other than wheaten flour mills);
. cereal food and starch mills;
. coffee mills;
. wholesale grocery stores and factories;
As Well As Employees Engaged In;
. the manufacture of stove, boot and floor polishes;
. the manufacture of macaroni, vermicelli, spaghetti, cake and pudding mixes;
. the manufacture of hydrolysed vegetable protein, noodles, soup powders or tablets, junket powders or tablets, caramel powder, glucose, dextrin and self-raising flour;
. the handling or putting up of honey, butter (not in butter factories), processed cheese (not other cheese factories) and junket tablets;
. the manufacture of cream of tartar, tartaric acid and any by-products thereof;
. the grinding of drugs and spices;
. condiment makers, chicory roasters, malt roasters, peanut roasters, custard mixers and jelly blenders;
excepting:
. engine drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines;
. drivers of motor bikes and other motor or power-propelled vehicles used for the carriage of articles of merchandise;
and excepting:
. those employees within the jurisdiction of the Jam, Vinegar, Sauce, &c. Manufacture (State) Industrial Committee;
. employees employed by milk vendors
and excepting;
. the County of Yancowinna.
Printed by the authority of the Industrial Registrar.
(669) SERIAL C0084
TOYMAKERS’ EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to section 19 of the Industrial Relations Act 1996 and another matter.
(Nos. IRC 2951, 2954 and 5692 of 2000)
Before the Honourable Justice Kavanagh 12 December 2000
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Anti–Discrimination and Harassment
2. Hours
3. Wages
4. Overtime
5. Time Off in lieu of Overtime
6. Rest Period and Overtime
7. Meal Hours and Meal Money
8. Holidays
9. Saturday Rates for Shift Workers
10. Sunday and Holiday Pay
11. Annual Leave
12. Annual Leave Loading
13. Sick Leave
14. Personal/Carer’s Leave
15. Long Service Leave
16. Bereavement Leave
17. First-aid
18. Mixed Functions
19. Redundancy
20. Contract of Employment
21. Payment of Wages
22. Jury Service
23. Superannuation
24. Area, Incidence and Duration
1. Anti Discrimination and Harassment
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977 (NSW) it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation.
(b) offering or providing junior rates of pay to persons under 21 years of age.
(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.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
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 Act effects…any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”
2. Hours
(i) Day Workers — The ordinary working hours of day workers shall be forty (40) hours per week, to be worked eight hours per day, Monday to Friday, inclusive, between the hours of 7.30 a.m. and 5.00 p.m., or such other starting and/or ceasing times as may be agreed to between the employer and The Australian Workers’ Union, New South Wales and confirmed subsequently in writing to the secretary of the union.
(ii) Shift Workers —
(a) The hours of shift workers shall not exceed:
(1) 8 hours during any consecutive 24 hours; or
(2) 40 hours per week; or
(3) 80 hours in 14 consecutive days; or
(4) 120 hours in 21 consecutive days; or
(5) 160 hours in 28 consecutive days.
(b) Twenty minutes each shift, which shall be counted as time worked, shall be allowed to shift workers for crib.
(c) As far as possible shifts shall be rostered so as to provide for a weekly change of shift.
(d) Notwithstanding anything herein contained time worked by any shift worker between 11 p.m. and midnight on any Sunday or holiday shall not be deemed to be worked on a Sunday or a holiday, or as overtime.
(e) Subject to paragraph (a) of this subclause, the roster of an employee shall not be changed from one shift roster to another without seven (7) days' notice of such change being given and in the absence of such notice overtime rates shall be paid.
3. Wages
(i) Adults — The minimum rates of pay for the classifications in this Award are set out hereunder.
(a) Employees engaged in the manufacture or preparation of soft toys and or dolls of all descriptions (including clay, rubber and sawdust) shall be paid the following rates of pay:
| | |$50 per week |$50 per week |$40 per week increase |$31.10 per week |
| |Base Rate |increase from 12th |increase from 1st |from 30th August 2001 |increase from 10th |
|Classification | |December 2000 |February 2001 | |December 2001 |
|Cutter — out |$237.60 |$287.60 |$337.60 |$377.60 |$408.70 |
|Press operator –all |$235.60 |$285.60 |$335.60 |$375.60 |$406.70 |
|materials except cloth | | | | | |
|Mould reproducer |$233.20 |$283.20 |$332.20 |$372.20 |$403.30 |
|Spray gun operator |$233.20 |$283.20 |$332.20 |$372.20 |$403.30 |
|Grinder or buffer |$231.00 |$281.00 |$331.00 |$371.00 |$402.10 |
|All other adult employees |$229.30 |$279.30 |$329.30 |$369.30 |$400.40 |
(b) Employees engaged in the manufacture and/or preparation of wooden toys shall be paid the following rates of pay:
| | |$50 per week |$50 per week |$40 per week increase |$31.10 per week |
|Classification |Base Rate |increase from 12th |increase from 1st |from 30th August 2001 |increase from 10th |
| | |December 2000 |February 2001 | |December 2001 |
|Sawyer |$237.60 |$287.60 |$337.60 |$377.60 |$408.70 |
|Sanding machine operator |$233.20 |$283.20 |$332.20 |$372.20 |$403.30 |
|Spray gun operator |$233.20 |$283.20 |$332.20 |$372.20 |$403.30 |
|All other employees |$229.30 |$279.30 |$329.30 |$369.30 |$400.40 |
(ii) Casual Employees — Casual employees shall be paid 15 per centum in addition to the rate of pay prescribed herein for the class of work on which they are employed.
(iii) Part-Time employees —
(a) An employee may be engaged on a part time basis. A part time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.
(b) A part time employee is entitled to a minimum start per occasion of 3 continuous hours, except:
(A) where the employer and the employee concerned agree that there shall be a start of 2 continuous hours on two or more days per week, provided that:
i. a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, which must be specified; or
ii. the place of work is within a distance of 5 kilometres of the employee’s place of residence.
(c) A part time employee may work up to 40 hours per week without the payment of overtime.
(d) A part time employee will be paid per hour 1/40 of the weekly rate of pay prescribed for a full time employee of the same classification contained in subclause (i) of this clause.
(e) Any hours worked by a part time employee outside the ordinary hours of work as set out in clause 2, or in addition to the 40 hours per week shall be paid at overtime rates.
(f) Subject to this clause, all the provisions of the award shall apply to a part time employee on a pro rata basis.
(iv) (a) Subject to clauses 9, Saturday Rates for Shift Workers, and 10, Sunday and Holiday Pay, of this award, shift workers on rotating shift work shall be paid shift allowances as follows:
(1) When employed on afternoon shift, 10 per cent of the ordinary rate in addition.
(2) When employed on night shift, 15 per cent of the ordinary rate in addition.
(b) Subject to clauses 9, Saturday Rates for Shift Workers, and 10, Sunday and Holiday Pay, of this award, shift workers on non-rotating shift work shall be paid shift allowances as follows:
(1) When employed on afternoon shift, 12.5 per cent of the ordinary rate in addition.
(2) When employed on night shift, 20 per cent of the ordinary rate in addition.
(v) The shift allowances prescribed by subclause (iii), of this clause, shall not be added to the rates otherwise paid under this award when calculating overtime payments.
(vi) Juniors — The minimum rates of wages for junior employees shall be the undermentioned percentages of the weekly rate of pay for the classification All Other Adult Employees, from time to time effective, calculated to the nearest 5 cents, any part of 5 cents in the result less than 2 cents to be disregarded:
Percentage of the weekly rate of pay for the classification Percentage
All Other Adult Employees: %
At 16 years of age and under 65
At 17 years of age 70
At 18 years of age 80
At 19 years of age 90
At 20 years of age 100
4. Overtime
(i) Day Workers — All time worked before the usual commencing time or after the usual ceasing time each day or in excess of 38 hours per week shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.
(ii) Shift Workers — All time worked —
(a) in excess of or outside the ordinary working hours;
(b) on more than eleven shifts in twelve consecutive days;
(c) on a rostered shift off, shall be paid for at the rate of double time, provided that time worked on a Saturday, a Sunday, or a holiday in excess of eight hours shall be paid for at the rate of double time. This subclause shall not apply when the time worked is:
(1) by arrangement between the employees themselves;
(2) for the purpose of effecting the customary rotation of shifts.
(iii) An employee recalled to work after leaving his/her employer's premises shall be paid for four (4) hours, at least, at the appropriate rate.
(iv) An employee working overtime, but finishing work when the usual means of transport are not available, shall be entitled to any additional outlay properly incurred in reaching his/her home by reasonable means of transport.
5. Time Off in lieu of Payment for Overtime
(i) Subject to genuine agreement between an employer and employee(s), an employee may elect to take time off in lieu of payment for hours worked outside and/ or in excess of the ordinary hours of work prescribed by this award.
(ii) In such cases the time off shall be calculated on the basis of the penalty prescribed for work outside and/or in excess of the ordinary hours of work prescribed by this award.
(iii) Provided that such time off shall be taken within four weeks of becoming due or payment for such work shall be made by the employer.
(iv) Provided further that the time of taking the time off in lieu is subject to mutual agreement between the employer and employee and where agreement cannot be reached the matter shall be dealt with via the Dispute Settlement Procedure.
6. Rest Period and Overtime
(i) When overtime work is necessary it shall, where reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between work on consecutive days.
(ii) An employee who works so much overtime between his/her usual finishing time on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least eight consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(iii) If on the specific instructions of his/her employer, such employee resumes or continues work without having had such eight consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
7. Meal Hours and Meal Money
(i) Employees, other than shift workers, shall be allowed a meal break of not less than thirty minutes, not more than one hour, Monday to Friday, inclusive.
(ii) An employee called upon to work during his/her regular meal break shall be paid at overtime rates for such time worked.
(iii) (a) An employee working overtime shall be allowed a crib time of twenty (20) minutes without deduction of pay, after each four hours of overtime worked if the employee continues working after such crib time.
(b) Unless the period of overtime is less than one and one-half hours an employee, before starting overtime after ordinary be allowed a crib time of twenty minutes which shall be paid for at ordinary rates. The employer and 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 twenty minutes.
(iv) (a) An employee required to work overtime for more than two hours after his/her ordinary ceasing time, without being notified before leaving his/her work on the previous day that he/she would be required to work overtime, shall be provided free of cost, with a suitable meal or shall be paid the sum of $5.00 and $3.90 for each subsequent meal.
(b) If an employee, pursuant to such notice, has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised he/she shall be paid, as prescribed by paragraph (a) of this subclause, for meals he/she has provided but which are surplus.
(v) No employee shall work for longer than five hours without a break for a meal.
8. Holidays
(i) Subject to the provisions of this clause employees, shall be entitled to the following public holidays without loss or ordinary pay, that the employee would normally receive, viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day and other public holidays proclaimed for the State.
(ii) The first Monday in March of each year shall be a holiday as the picnic day of The Australian Workers' Union, New South Wales provided that a picnic is held. The employer may require any employee to work on such picnic day and unless reasonable excuse exists the employee shall work in accordance with such requirement at the rates prescribed by clause 10, Sunday and Holiday Pay, of this award. The employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.
(iii) Any employee who is absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday shall not be entitled to payment for such holiday.
9. Saturday Rates for Shift Workers
The minimum rates to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half; the excess over ordinary rates to be in lieu of the shift allowances prescribed by subclause (iii) of clause 3, Wages, of this award.
10. Sunday and Holiday Pay
(i) (a) Day Workers and five-day shift workers shall be paid at the rate of double time for work done on a Sunday.
(b) Day Workers and five-day shift workers shall be paid at the rate of double time and one-half for work done on a public holiday.
(ii) A seven-day shift worker shall be entitled to the rate of double time for his ordinary shift worked on a Sunday, he/she shall be entitled to the rate of double time and one half for his/her ordinary shift worked on Good Friday and on Christmas Day, and to the rate of double time for his ordinary shift worked on the other public holidays prescribed in clause 8, Holidays. of this award.
(iii) The excess over the ordinary rates prescribed in subclause (ii) of this clause shall be in lieu of the shift allowances prescribed in subclause (iv) of clause 3, Wages, of this award.
(iv) Where a seven-day shift worker is rostered off work on a public holiday as prescribed by clause 8, Holidays, of this award, and is not required to work on that day he shall be paid for eight hours at the ordinary rate of pay prescribed by subclause (i),of clause 3, Wages, of this award. Juniors shall be paid the ordinary rate of pay prescribed by subclause (v) of the said clause 3.
(v) All employees required to work on a Sunday or a public holiday shall receive a minimum of four (4) hours' pay.
11. Annual Leave
(i) See Annual Holidays Act 1944
(ii) Seven-day Shift Workers:
(a) In addition to the benefits provided by section 3 of the Annual Holidays Act 1944, an employee who, during the year of his/her employment with the employer with respect to which he becomes entitled to the said annual holidays, gives service to his employer as a seven-day shift worker under subclause (ii) of clause 2, Hours, of this award, shall be entitled to the additional leave as hereunder specified:
(1) if, during the year of his employment, he/she has served his/her employer continuously as such seven-day shift worker — the additional leave with respect to that year shall be one week;
(2) Subject to subparagraph (4), of this paragraph, if, during the year of his/her employment, he/she has served for only portion of it as such seven-day shift worker — the additional leave shall be one day for every thirty-six ordinary shifts worked as a seven-day shift worker.
(3) Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave at the same rate and under the same conditions as provided in the Annual Holidays Act 1944, for his/her annual holiday of three weeks.
(4) Where the additional leave calculated under this subclause is or includes 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 and such payment shall be at the rate outlined in subparagraph (3) of this paragraph.
(5) In this clause reference to one week and one day shall include holidays and non-working days.
(b) Where the employment of a worker has been terminated and he 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/she also shall be entitled to an additional payment for three and one-third hours at the annual leave rate of pay with respect to each twenty-one shifts of service as such seven-day shift worker which he has rendered during such period of employment.
(c) In the case of an employee who was, at the commencement of his/her annual leave, employed as a seven-day shift worker, as defined herein, one day shall be added to his annual leave period in respect of any holiday prescribed by this award which falls within the period of annual leave to which he/she is entitled under this award.
12. Annual Leave Loading
(i) In this clause the Annual Holidays Act 1944, is referred to as "the Act".
(ii) Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and 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 his 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 (vii)).
(iv) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.
(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award (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) and, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) as to holidays taken wholly or partly in advance).
(vi) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (v) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his annual holiday.
(vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.
(viii) 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 on leave without pay to the employees concerned —
(a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause;
(b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to.
(ix) (a) When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination, the employee has not been given and has not taken the whole of an annual holiday to which he/she became he/she shall be paid a loading calculated in accordance with subclause (vi) for the period not taken.
(b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment.
(x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/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.
13. Sick Leave
(i) An employee with not less than one month's continuous service with an employer, who is absent from his/her work by reason of personal illness or injury shall be entitled to leave of absence and such leave of absence to be paid at the ordinary time rates of pay and in addition the service payment which would have been payable if he/she had attended for duty, subject to the following conditions and limitations:
(a) He/She shall, within twenty-four hours of the commencement of such absence inform the employer of his inability to attend for duty and, as far as practicable, state the nature of the illness or injury and the estimated duration of his/her absence.
(b) He/She shall furnish to the employer such evidence as the employer may desire that he/she was unable, by reason of such injury or illness, to attend for duty on the day or days for which sick leave is claimed.
(ii) Subject to paragraphs (i) and (iii) of his clause an employee shall be entitled to the following sick leave:
(a) An employee in his/her first year of service shall be entitled to five (5) days' sick leave per year.
(b) An employee in his/her second and subsequent years of service shall be entitled to eight (8) days' sick leave per year.
(iii) For the purpose of this clause continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by the employer;
(b) any absence from work by reason of personal illness, injury, industrial dispute, or other reasonable cause proof whereof shall, in each case, be upon the employee.
(iv) Sick leave shall accumulate for an unlimited period, and shall accumulate only whilst the employee remains in the service of the same employer.
14. 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 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.
(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.
15. Long Service Leave
See Long Service Leave Act 1955.
16. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled to up to two days compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause.
(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.
(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 14, Personal/Carer’ s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.
(iv) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 14. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
17. First-aid
(i) A suitable first-aid outfit shall be provided and shall be maintained by the employer.
(ii) An employee appointed by the employer to perform first-aid duty shall be paid $1.34 per shift in addition to his ordinary rates.
18. Mixed Functions
(i) An employee, who is required to do work carrying a higher rate than his ordinary classification for more than two hours during any one work period, shall be paid at the higher rate for the whole of the time so worked.
(ii) An employee, who, on any day or shift, is required to do work carrying a lower rate than his ordinary classification for less than one hour, shall suffer no reduction in consequence thereof.
19. Redundancy
(1) Application —
(i) This clause shall apply in respect of full-time and part- time persons employed in the classifications structure specified by Clause 3, Wages.
(ii) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (4), Termination of Employment.
(iii) Notwithstanding 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 —
(a) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure, mechanisation 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 employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where this award makes provision for alteration of any of the matters referred to herein, such alteration shall be deemed not to have significant effect.
(ii) Employer's Duty to Discuss Change —
(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have 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 the said paragraph (i).
(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.
(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 subparagraph (a) of 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, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(c) For the purpose of the discussions 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 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 changes to production, programme, organisation or structure, in accordance with subparagraph (a) of 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 Mechanisation and/or 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 subparagraph (a) of paragraph (i) of subclause (2), Introduction of Change:
(a) In order to terminate the employment of an employee (provided the employee has 12 months' service), the employer shall give to the employee three months' notice of termination.
(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time Off During the Notice Period —
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the 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 as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.
(v) Statement of Employment — The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(vi) Notice to Centre Link or any relevant successor entity — Where a decision has been made to terminate the employment of employees, the employer shall notify Centre Link 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) Centrelink Employment Separation Certificate — The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.
(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 rates 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 |16 weeks |
(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:
|Years of service |45 years of age and over entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(c) "Week's pay" means the all-purpose rate 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 Clauses 3, Wages; 4, Overtime; 9, Saturday Rates for Shift Workers; and 10, Sunday and Holiday Pay, of this Award.
(ii) Incapacity to Pay — Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause. The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.
(iii) Alternative Employment — Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.
20. Contract of Employment
(i) After the first two weeks' continuous service employment shall be by the week and may be terminated by a week's notice on either side or by the payment or forfeiture of one weeks wages in lieu of notice.
(ii) The employer shall not be required to pay for any time an employee cannot be employed usefully because of any strike or through any breakdown in machinery or any stoppage of work through any cause for which the employer reasonably cannot be held responsible.
(iii) The employer may dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases wages shall be paid up to the time of dismissal only.
21. Payment of Wages
(i) All wages shall be paid weekly not later than Thursday; provided that when a public holiday falls on a Thursday or public holidays fall in such sequence in any pay week as to render the payment of wages on Thursday impracticable the wages may be paid not later than Friday.
(ii) All employees shall be entitled to be paid in the employer's time. An employee not so paid shall be entitled to his ordinary rate of wage until payment has been made.
(iii) Upon termination of employment wages due to an employee shall be paid to him/her on the day of such termination or shall be forwarded to him/her by post on the next working day.
(iv) On or prior to pay day the employer shall state to each employee, in writing, the amount of wages to which he/she is entitled, the amount of deductions made therefrom and the net amount being paid to him/her.
22. 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 award rate of pay.
(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 requirements as soon as practicable after receiving notification to attend for jury service.
23. Superannuation
(i) The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
(ii) Subject to the requirements of this legislation, superannuation contributions may be made to:
(1) ASSET (Australian Superannuation Savings Employment Trust); or
(2) Such other funds that comply with the requirements of this legislation.
24. Area, Incidence and Duration
This award rescinds and replaces the Toymakers' Employees (State) Award published 19 June 1974 and reprinted 9 May 1984 (233 I.G. 904), as varied, and the Toymakers’ Employees Superannuation (State) Award published 31 May 1991 (262 I.G. 1101), as varied.
It incorporates changes as a result of a review under section 19 of the Industrial Relations Act 1996.
It shall take effect from the first full pay period to commence on or after the 12th December 2000 and shall remain in force thereafter for a period of 12 months.
T. M. KAVANAGH, J.
____________________
Toymakers' Employees (State) Industrial Committee
Industries and Callings
Employees engaged in the manufacture of toys (other than those made of sheet metal) in the State, excluding the County of Yancowinna;
Excepting —
Storemen and/or packers.
____________________
Printed by the authority of the Industrial Registrar.
(1292) SERIAL C0100
KU CHILDREN’S SERVICES (OTHER THAN TEACHERS) (STATE) CONSENT AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 2318 of 2001)
Before the Honourable Justice Schmidt 6 April 2001
VARIATION
1. Delete clause 13, Part-time Employees Employed As At 11 September 1996, of the award published 4 May 2001 (324 I.G. 615) and insert in lieu thereof the following:
13. Part Time Loading Savings Provision
If, as a result of the loading formerly applied to part time rates of pay, the hourly rate of a part time employee is higher than the rate for weekly employees in Part B, Monetary Rates, divided by thirty eight, the wages of existing part time employees shall be maintained at their current level.
2. Insert after clause 8, Hours and Overtime, the following new clause 8A:
8A. Trial of Alternative Hours Arrangements
An alternative hours arrangement may be trialed on the following basis:
(i) The trial may be conducted in up to four centres.
(ii) A centre may be selected for a trial on the basis of identified need.
(iii) A trial may be conducted where a majority of employees covered by this award in the proposed trial centre vote in favour of the trial proceeding. Employees are to be given four weeks notice of the vote.
(iv) Should the trial be approved by a majority of employees, four weeks notice shall be given of implementation. This notice period may be waived by the consent of all affected employees.
(v) A trial shall last for six months.
(vi) Trials may or may not be held concurrently.
(vii) Hours worked in a trial centre shall be in accordance with award provisions except that designated employees may work the thirty eight hour week on the basis of nine hours and thirty minutes work per day, four days per week.
(viii) The standard Crib Breaks shall be ten minutes in the first half of the shift, forty minutes for lunch and ten minutes in the afternoon being a total of sixty minutes. Crib Breaks are to count as time worked.
(ix) Any trial conducted shall be evaluated jointly by the Employer and the Union.
3. Delete clause 15, Wage Rates, and insert in lieu thereof the following:
15. Wage Rates
i) Weekly Employees - The minimum rates of pay for employees covered by this award shall be the rates as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates, subject to other provisions of this award.
ii) Part Time Employees - For each hour worked during ordinary time the minimum rates of pay for Part Time employees covered by this award shall be the hourly equivalent of the minimum weekly wage prescribed by this award for the class of work performed by them.
iii) Leading Hands - Employees placed in charge of other employees shall be paid the following amounts in addition to their ordinary wages:
(a) Part-time employees working 22.5 hours per week or less an amount as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.
(b) Full-time employees or other part-time employees - an amount as set out in Item 2 of the said Table 2.
iv) First Aid: An employee who is a qualified first-aid attendant and is nominated by the employer to carry out the duties of a qualified first-aid attendant shall be paid an additional allowance in accordance with Item 9 of Table 2.
v) The parties to this award agree that in the event that the wage rates contained in the Parent award are varied to give effect to the outcome of a State Wage Case decision, this award should also be varied so as to maintain the relativities agreed to for the duration of this award.
4. Delete Part B, Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1— Wages
| |Long Day Care |Pre School |AMEP |
| |weekly rate |weekly rate |weekly rate |
| |$ |$ |$ |
|Child Care Worker | | | |
|Step 1 |465.50 |447.70 |456.60 |
|Step 2 |470.00 |452.00 |461.00 |
|Step 3 |474.80 |456.70 |465.80 |
|Advanced Child | | | |
|Care Worker | | | |
|Step 1 |486.20 |467.60 |476.90 |
|Step 2 |498.80 |479.70 |489.20 |
|Step 3 |510.20 |490.60 |500.40 |
|Advanced Child Care | | | |
|Worker Qualified | | | |
|Step 1 |561.20 |540.10 |550.70 |
|Step 2 |570.70 |549.30 |560.00 |
|Step 3 |580.40 |558.50 |569.40 |
|Co-ordinator Small centre | | | |
|Step 1 |506.30 |486.90 |496.60 |
|Step 2 |518.80 |499.00 |508.90 |
|Step 3 |530.20 |509.90 |520.10 |
|Co ordinator Large centre | | | |
|Step 1 |516.30 |496.60 |506.50 |
|Step 2 |528.80 |508.50 |518.70 |
|Step 3 |540.30 |519.60 |529.90 |
|Co-ordinator Qualified | | | |
|Small centre | | | |
|Step 1 |589.20 |567.10 |578.20 |
|Step 2 |598.80 |576.20 |587.50 |
|Step 3 |608.40 |585.50 |596.90 |
|Co-ordinator Qualified | | | |
|Large centre | | | |
|Step 1 |609.20 |586.30 |597.70 |
|Step 2 |618.70 |595.40 |607.10 |
|Step 3 |626.20 |602.60 |614.40 |
|Cook |479.70 | | |
Table 2 — Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |15 (iii) |Leading Hand allowance | |
| | |Part time employees working 22.5 hours per week| |
| |(a) |or less |16.10 per week |
| | | |3.22 per day |
|2 | |Full time employees or other part time | |
| |(b) |employees |21.50 per week |
| | | |4.30 per day |
|3 |Parent Award |Authorised Supervisor |13.20 per week |
|4 |15 (iv) |First Aid |10.40 |
5. This variation shall take effect from the first full pay period to commence on or after 6 April 2001.
M. SCHMIDT J.
____________________
Printed by the authority of the Industrial Registrar.
(1413) SERIAL B9713
Brambles Armoured Cash Processing and Clerical and Administrative Employees Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 4442 of 2000)
Before Commissioner Murphy 8 September 2000 and 15 February 2001
VARIATION
1. Delete subclause (a) of clause, 9, Classification Structure and Wages of the award published 30 July 1999 (310 I.G. 192), as varied, and insert in lieu thereof:
(a) The Classification Structure and Wage are as follow:
|Grade |Classification |Permanent Rate |Casual Rate |
| | |Pre SWC 2000 |SWC |New Rate |Pre SWC |SWC |New |
| | | |2000 | |2000 |2000 |Rate |
|1 |Trainee/New Entrant |495.00 wk |15 wk |510.00 wk |wk |15 wk |451.50 wk |
| |0 to 3 months | | | |14.93 hr | |15.44 hr |
| |3 to 12 months |13.02 hr | |13.42 hr | | | |
|2 |Cash Counter/General Hand |wk |15 wk |wk |wk |15 wk |472.72 |
| | |13.66 hr | |14.05 hr |15.65 hr | |16.17 hr |
|3 |Teller/Amalgamator |wk |15 wk |wk |wk |15 wk |wk |
| |ATM Balance |14.49 hr | |14.89 hr |16.67 hr | |17.18 hr |
| |Assistant Administrative | | | | | | |
| |Officer | | | | | | |
|4 |Leading Hand/ Administrative |577.50 wk |15 wk |592.50 wk |N/A | | |
| |Officer | | | | | | |
| |Cash Room | | | | | | |
| |Branch | | | | | | |
2. Delete subclause (d) of the said clause 9 and insert in lieu thereof:
(d) 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.
3. Delete paragraph (c) of subclause (v) of clause 7, Shift Work, and insert in lieu thereof the following:
(c) A shiftworker required to work overtime shall be paid $8.50 tea money in addition to overtime payments. If overtime continues beyond four hours after the rostered finishing time a further $8.50 shall be paid.
4. Delete of paragraph (c) of subclause (i), Weekly Employees, of clause 14, Overtime and Meal Allowance and insert in lieu thereof the following.
(c) (i) Employees who have completed not less than eight hours work by 6.00 pm and who are required to continue working after 6.00 pm shall be paid $8.50 tea money, in addition to overtime payments.
Such tea money to be paid prior to their taking the meal break.
(ii) If overtime continues beyond four hours after the completion of ordinary hours of work excluding any meal break time, a further $8.50 shall be paid.
5. Delete subparagraphs (i) and (ii) of paragraph (c) of subclause (ii) of the said clause 14 and insert in lieu thereof the following:
(c) (i) Employees who have completed not less than eight hours on any one day and who are required to continue working shall be paid $8.50 tea money in addition to overtime payments. Such tea money to be paid prior to their taking the meal break.
(ii) If overtime continues beyond four hours after the completion of ordinary hours of work excluding any meal break time, a further $8.50 shall be paid.
6. Delete subclause (iii) of clause 23, Travelling Expenses and insert in lieu thereof:
(iii) Any employee required to provide a motor car shall be paid extra per week:
| |Per Week |
| |$ |
| For a vehicle 1500cc and under |74.80 |
| for a vehicle over 1500cc |92.50 |
7. Delete subclause (iv) of the said clause 23 and insert in lieu thereof the following.
(iv) Where an employee is required to use their motor car by their employer on a casual or incidental basis, such employee shall be paid an amount of 51 cents per kilometre travelled, during such use.
8. Delete subclause (i) of clause 33, First-aid Allowance, and insert in lieu thereof the following:
(i) An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a certificate from the St. John Ambulance or similar body shall be paid an allowance of $7.60 per week if the employee.
9. This variation shall take effect from the first full pay period to commence on or after 14 September 2000.
J. P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
(2138) SERIAL C0112
BUILDING TRADES (JOHN FAIRFAX & SONS LTD) SUPERANNUATION (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 910 of 2001)
Before Mr Deputy President Sams 24 April 2001
ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Building Trades (John Fairfax & Sons Ltd) Superannuation (State) Award published 16 February 1990 (254 I.G. 913), as varied, be rescinded on and from 24 April 2001.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL CO157
ENTERPRISE AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
|EA01/160 — Rethmann Australia Environmental Services Enterprise Agreement 2001 |
|Made Between: Rethmann Australia Environmental Services Pty Ltd -&- Transport Workers' Union of Australia, New |
|South Wales Branch. |
| |
|New/Variation: New. Replaces EA97/107. |
| |
|Approval and Commencement Date: Approved and commenced 14 May 2001. |
| |
|Description of Employees: Applies to Domestic Drivers operating from the St Mary's Depot. |
| |
|Nominal Term: 36 Months. |
|EA01/161 — Melcann Limited - NSW Division Enterprise Agreement 2001-2003 |
|Made Between: Melcann Limited -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA00/143. |
| |
|Approval and Commencement Date: Approved 20 April 2001 and commenced 1 March 2001. |
| |
|Description of Employees: Applies to all employees engaged in the bagging, warehousing and distribution of cement |
|products and other products in the Melcann range. |
| |
|Nominal Term: 24 Months. |
|EA01/162 — Alexander Moir & Co Pty Ltd Distribution Centre Enterprise Agreement 2000 |
|Made Between: Alexander Moir and Co Pty Limited -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA96/304. |
| |
|Approval and Commencement Date: Approved 20 April 2001 and commenced 6 May 2000. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Storeman and Packers General (State) |
|Award at the company's premise in the state of New South Wales. |
| |
|Nominal Term: 24 Months. |
|EA01/163 — Sigma NSW Enterprise Improvement Agreement 2001 |
|Made Between: Sigma Company Limited -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA98/123. |
| |
|Approval and Commencement Date: Approved 20 April 2001 and commenced 1 February 2001. |
| |
|Description of Employees: Applies to all employees of Sigma Company Limited in NSW who are engaged by the terms of |
|the Clerical and Administrative Employees (State) Award and the Storeman and Packers General (State) Award. |
| |
|Nominal Term: 24 Months. |
|EA01/164 — Murray Irrigation Limited Enterprise Agreement 2001 |
|Made Between: Murray Irrigation Limited -&- Construction, Forestry, Mining and Energy Union (New South Wales |
|Branch); The Australian Workers' Union, New South Wales; and the Transport Workers' Union of Australia, New South |
|Wales Branch. |
| |
|New/Variation: New. Replaces EA98/263. |
| |
|Approval and Commencement Date: Approved and commenced 9 April 2001. |
| |
|Description of Employees: Applies to all employees of Murray Irrigation Limited (MIL). |
| |
|Nominal Term: 24 Months. |
|EA01/165 — Bartter Enterprise Beresfield Operations Milling (Manufacturing) Agreement 2000-2002 |
|Made Between: Bartter Enterprises Pty Ltd -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 30 April 2001 and commenced 1 July 2000. |
| |
|Description of Employees: Applies to all employees engaged in Animal Food Makers & c. (State) Award. |
| |
|Nominal Term: 24 Months. |
|EA01/166 — Bartter Enterprises Blackhill Laboratories Agreement 2000 |
|Made Between: Bartter Enterprises Pty Ltd -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 30 April 2001 and commenced 1 July 2000. |
| |
|Description of Employees: Applies to all employees who work as Draughtsmen, Planners, Technical Officers &c. |
|(State) Consolidated Award. |
| |
|Nominal Term: 24 Months. |
|EA01/167 — EnergyAustralia Retail & Marketing Enterprise Agreement 2001 |
|Made Between: EnergyAustralia -& - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, |
|New South Wales Branch; Construction, Forestry, Mining and Energy Union (New South Wales Branch); Electrical Trades|
|Union of Australia, New South Wales Branch; Electricity Supply Professional Officers Association; Federated |
|Municipal and Shire Council Employees' Union of Australia, New South Wales Division; The Association of |
|Professional Engineers, Scientists and Managers, Australia (NSW Branch); and The Australian Workers' Union, New |
|South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 10 April 2001. |
| |
|Description of Employees: Applies to all employees of Retail and Marketing within EnergyAustralia. |
| |
|Nominal Term: 21 Months. |
|EA01/168 — EnergyAustralia Holding Company Enterprise Agreement 2001 |
|Made Between: EnergyAustralia - & -Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, |
|New South Wales Branch; Construction, Forestry, Mining and Energy Union (New South Wales Branch); Electrical Trades|
|Union of Australia, New South Wales Branch; Electricity Supply Professional Officers Association; Federated |
|Municipal and Shire Council Employees' Union of Australia, New South Wales Division; The Association of |
|Professional Engineers, Scientists and Managers, Australia (NSW Branch); and The Australian Workers' Union, New |
|South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 10 April 2001. |
| |
|Description of Employees: Applies to all employees of the EnergyAustralia Holding Company. |
| |
|Nominal Term: 21 Months. |
|EA01/170 — EnergyAustralia Customer Services Enerserve Network Enterprise Agreement 2001 |
|Made Between: Energy Australia -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, |
|New South Wales Branch; Construction, Forestry, Mining and Energy Union (New South Wales Branch); Electrical |
|Trades Union of Australia, New South Wales Branch; Electricity Supply Professional Officers Association; Federated |
|Municipal and Shire Council Employees' Union of Australia, New South Wales Division; The Association of |
|Professional Engineers, Scientists and Managers, Australia (NSW Branch); and The Australian Workers' Union, New |
|South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 10 April 2001. |
| |
|Description of Employees: Applies to all employees of the business units comprising Customer Services, Enerserve |
|and Network Subsidiaries of EnergyAustralia. |
| |
|Nominal Term: 21 Months. |
|EA01/171 — Chester Hill Neighbourhood Centre Inc Remuneration Packaging Agreement 2001 |
|Made Between: Chester Hill Neighbourhood Centre Inc -&- Amelita Cabigao, Trena Joy Clarke, Dale Donadel, Anna |
|Ferreri, Stephen Joseph Peak, Leelakanthi Vilathgamuwa, Sinagogo Winterstein. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 18 April 2001. |
| |
|Description of Employees: Applies to all full-time and part-time (over 20 hours per week) employees of Chester Hill|
|Neighbourhood Centre Inc. |
| |
|Nominal Term: 12 months. |
|EA01/173 — Bartter Enterprises & Steggles Foods Products Pty Ltd Clerical Agreement 2000-2002 |
|Made Between: Bartter Enterprises Pty Ltd -&- Federated Clerks' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 30 April 2001 and commenced 1 July 2000. |
| |
|Description of Employees: Applies to all Clerical and Administrative Employees (State) Award. |
| |
|Nominal Term: 24 Months. |
|EA01/174 — Bartter Enterprises Pty Limited Beresfield Operations Livestock Agreement 2000-2002 |
|Made Between: Bartter Enterprises Pty Ltd -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 30 April 2001 and commenced 1 July 2000. |
| |
|Description of Employees: Applies to all employees engaged under the Poultry Industry Livestock (State) Award. |
| |
|Nominal Term: 24 Months. |
|EA01/175 — Tyco Water Pty Ltd Yennora Works Agreement 2000 |
|Made Between: Tyco Water Pty Ltd -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, |
|New South Wales Branch; Electrical Trades Union of Australia, New South Wales Branch; and The Australian Workers' |
|Union, New South Wales. |
| |
|New/Variation: New. Replaces EA00/20. |
| |
|Approval and Commencement Date: Approved and commenced 11 April 2001. |
| |
|Description of Employees: Applies to all employees engaged under the Metal, Engineering and Associated Industries |
|Award located at the Yennora Site. |
| |
|Nominal Term: 19 Months. |
|EA01/176 — Sabar Technologies Pty Ltd Electrical Construction Enterprise Agreement 2000 |
|Made Between: Sabar Technologies Pty Ltd. -&- Electrical Trades Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 24 April 2001. |
| |
|Description of Employees: Applies to all employees engaged under the Electrical Contracting Industry (State) Award.|
| |
|Nominal Term: 17 Months. |
|EA01/177 — Nilsen Electric Pty Ltd Electrical Enterprise Agreement 2000 |
|Made Between: Nilsen Electrics Pty Ltd. -&- Electrical Trades Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 24 April 2001. |
| |
|Description of Employees: Applies to all employees engaged under the Electrical Contracting Industry (State) Award.|
| |
|Nominal Term: 17 Months. |
|EA01/178 — Bristol-Myers Squibb Pty Ltd (Rydalmere) Enterprise Agreement 2001 |
|Made Between: Bristol-Myers Squibb Australia Pty Limited -&- Shop, Distributive and Allied Employees' Association, |
|New South Wales. |
| |
|New/Variation: New. Replaces EA01/58. |
| |
|Approval and Commencement Date: Approved 8 May 2001 and commenced 1 April 2001. |
| |
|Description of Employees: Applies to all BMS employees engaged under the Drug Factories (State) Consolidated Award |
|and Warehouse Employees Drug (State) Consolidated Award located at 320 Victoria Road Rydalmere. |
| |
|Nominal Term: 12 Months. |
|Ea01/179 — Oswalds Pty Ltd Enterprise Agreement 2001 |
|Made Between: Oswalds Pty Ltd -&- National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA99/226. |
| |
|Approval and Commencement Date: Approved 27 April 2001 and commenced 24 August 2000. |
| |
|Description of Employees: Applies to all employees engaged as storeman and packers and required to carry out the |
|duties of receiving, checking, counting and the dispatching of goods, generally as required of a storeman and |
|packer. |
| |
|Nominal Term: 24 Months. |
|EA01/180 — N.J. Ryan Pty Ltd Electrical Construction Enterprise Agreement 2001 |
|Made Between: N.J. Ryan Pty Ltd -&- Electrical Trades Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 7 May 2001. |
| |
|Description of Employees: Applies to all employees engaged under the Electrical Contracting Industry (State) Award.|
| |
|Nominal Term: 20 Months. |
Printed by the authority of the Industrial Registrar.
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