(538)

SERIAL C0493

PLASTIC MOULDING, & c. (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notices of award review pursuant to section 19 of the Industrial Relations Act 1996.

(Nos. IRC 5772, 5818 and 6132 of 1999 and 175 of 2000)

Before Commissioner O'Neill

27 June 2001

REVIEWED AWARD

PART A

1. Arrangement

Clause No. Subject Matter

1. Arrangement

2. Definitions

3. Contract of Employment

4. Classifications

5. Wages

6. Allowances and Special Rates

7. Hours of Employment

8. Implementation of 38-Hour Week

9. Shift Work

10. Overtime

11. Holidays and Sunday Work

12. Extra Rates Not Cumulative

13. Meal Breaks

14. Rest Period for Employees

15. Mixed Functions

16. Payment of Wages

17. General Conditions

18. Annual Leave

19. Long Service Leave

20. Sick Leave

21. Personal/Carer’s Leave

22. Bereavement Leave

23. Jury Service

24. Redundancy

25. Superannuation

26. Traineeships

27. Dispute Resolution

28. Enterprise Arrangements

29. Consultation

30. Training

31. Anti Discrimination

32. Shop Stewards

33. Notice Board

34. Basis of Award and Leave Reserved to Apply

35. Exemption

36. Area, Incidence and Duration

Appendix "A" Classification Definitions

Appendix "B" Industry / Skill Levels

PART B - MONETARY RATES

Table 1 - Wages

Table 2 - Other Rates and Allowances

PART C - TRAINING WAGES

2. Definitions

(i) Sunday shall mean all time between midnight Saturday and midnight Sunday.

(ii) Union shall mean The Australian Liquor, Hospitality and Miscellaneous Workers’ Union, New South Wales Branch.

3. Contract of Employment

(i) Weekly Employment - Except as hereinafter provided for, employment shall be by the week. An employee not specifically engaged, as a casual employee shall be deemed to be employed by the week.

(ii) Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages as the case may be. This shall not affect the right of the employer to dismiss 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, or 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. Where an employee has given or been given notice, as aforesaid, the employee shall continue in their employment until the date of expiration of such notice.

An employee who, having given or been given notice, as aforesaid, without reasonable cause, proof of which shall lie on the employee, absents themself from work during such period, shall be deemed to have abandoned their employment and shall not be entitled to payment for work done by the employee within that period; provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.

(iii) Subject to subclause (ii) of clause 16, Payment of Wages, an employee, other than an employee who has given or who has received notice in accordance with subclause (ii), of this clause, not attending for duty shall, except as provided by clause 20, Sick Leave, of this award, lose there pay for the actual time of such non-attendance.

(iv) 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 by this award for the work which the employee performs, plus twenty per cent.

(v) Late Comers:

(a) standing anything contained elsewhere in this award an employer may select and may utilise for timekeeping purposes any fractional or decimal proportion of an hour, not exceeding one-quarter of an hour, and may apply such proportion in the calculation of the working time of employee’s who report for duty after their appointed starting times or cease duty before their appointed finishing times.

(b) An employer who adopts a proportion for the aforesaid purposes shall apply the same proportion to the calculation of overtime.

(vi) Part-time Employment -

(a) An employee may be engaged by the week to work on a part-time basis for a constant number of hours which having regard to the various ways of arranging ordinary hours shall average less than 38 hours per week.

(b) An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by clause 5, Wages, for the classification in which the employee is engaged.

(c) An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, public holidays and sick leave arising under this award on a proportionate basis calculated as follows:

(1) Annual Leave -

Subject to the provisions of clause 9, Shift Work:

Where the employee has completed twelve months' continuous service - four weeks leave at the number of ordinary hours which would otherwise have been worked during the period of leave.

Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award the employee shall receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.

(2) Public Holidays -Where the normal paid hours fall on a public holiday 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 8, Implementation of 38-Hour Week.

(3) Sick Leave -First Year of Employment During the first year of any period of service with an employer the employee shall be entitled to sick leave equivalent to the average number of hours worked each week in accordance with subclause (vi)(a) of this clause.

During the first five months of any period of service with an employer, sick leave shall accrue at the rate of one- fifth of the average number of hours worked each week for every completed month of service. Provided further that 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.

Second or Subsequent Years of Employment -

During the second or subsequent years of any period of service with an employer the employee shall not be entitled to leave in excess of an amount calculated as follows:

Average number of hours worked each week X 8

(d) Overtime -A part-time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with clause 10, Overtime of this award.

4. Classification

(i) Plastics Worker Grade 1 is equivalent to a Metal Engineering and Associated Industries Award Part 1 classification as follows:

Wage Group: C14

Engineering/production employee - Level I

(Proposed relativity to C10 78%)

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 all employees' training:

(a) performs general labouring and cleaning duties;

(b) exercises minimal judgement;

(d) is undertaking structured training so as to enable them to work at C13 level.

(ii) Plastics Worker Grade 2 is equivalent to a Metal, Engineering and Associated Industries Award 1998 Part 1 classification as follows:

Wage Group: C13

Engineering/production employee - Level II

(Proposed relativity to C10 82%)

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 all employees' training:

(a) works under direct supervision either individually or in a team environment;

(b) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

Indicative of the tasks which an employee at this level may perform are the following:

repetition work on automatic, semi-automatic or single purpose machines or equipment;

assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment;

basic soldering or butt and spot welding skills or cuts scrap with oxyacetylene blow pipe;

uses selected hand tools;

boiler cleaning;

maintains simple records;

uses hand trolleys and pallet trucks;

assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

(iii) Plastics Worker Grade 3 is equivalent to a Metal, Engineering and Associated Industries Award 1998 Part 1 classification as follows:

Wage Group: C12

Engineering/production employee - Level III

(Proposed relativity to C10 87.4%)

An engineering/production employee - Level III is an employee who has completed a production/engineering certificate I or equivalent 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 C13 and to the level of all employees' training:

(a) is responsible for the quality of his/her own work subject to routine supervision;

(b) works under routine supervision either individually or in a team environment;

Indicative of the tasks which an employee at this level may perform are the following:

operates flexibly between assembly stations;

operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level C13;

non-trade engineering skills;

basic tracing and sketching skills;

receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and recording of goods, materials and components;

basic inventory control in the context of a production process;

basic keyboard skills;

advanced soldering techniques;

boiler attendant;

operation of mobile equipment including forklifts, overhead cranes and winch operation;

ability to measure accurately;

assists one or more tradespersons;

welding which requires the exercise of knowledge and skills above C13;

assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

(iv) Plastics Worker Grade 4 is equivalent to a Metal, Engineering and Associated Industries Award 1998 Part 1 as follows:

Wage Group: C11

Engineering/production employee - Level IV

(Proposed relativity to C10 92.4%)

An engineering/production employee - Level IV is an employee who has completed a production/engineering certificate II or equivalent 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 C12 and to the level of all employee’s training:

(a) works from complex instructions and procedures;

(b) assists in the provision of on-the-job training to a limited degree;

(d) is responsible for assuring the quality of his/her own work.

Indicative of the tasks which an employee at this level may perform are the following:

uses precision measuring instruments;

machine setting, loading and operation;

rigging (certificated);

inventory and store control including:

licensed operation of all appropriate materials handling equipment;

use of tools and equipment within the scope (basic non-trades) maintenance;

computer operation at a level higher than that of an employee at C12 level;

intermediate keyboard skills;

basic engineering and fault finding skills;

performs basic quality checks on the work of others;

licensed and certified for fork-lift, engine driving and crane driving operations to a level higher than C12;

has knowledge of the employer's operation as it relates to production process;

lubrication of production machinery equipment;

assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

5. Wages

(i) The minimum adult weekly rates of pay for each classification, inclusive of the adult basic wage from time to time effective, is as set out in Table 1 - Wages, of Part B, Monetary Rates.

(ii) The rates of pay in this award include all the adjustments payable under the State Wage Case of 2000. These adjustments may be offset against:

(a) any equivalent over award payments, and/or

(b) award wage increases since 29^th May, 1991 other than safety net, State Wage Case and minimum rate adjustments.

(iii) Junior Employees -

(a) The minimum rates of wages for juniors shall be a percentage, according to age, of the base rate for a Plastics Worker Grade 2 listed in the following Table, and to which have been added the Arbitrated Safety Net Adjustments as set out in the said Table 1.

Age -	Percentage of Base rate for
	Plastics Worker Grade 2
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

(b) The total wage payable to a junior employee shall be calculated to the nearest five cents and any broken part of five cents in the result not exceeding two cents shall be disregarded.

(1) if under 16 years of age, on oil and gas burners or fires used for heating small articles; or

(2) if under 18 years of age, on die setting on power presses or as operators of power-driven guillotines.

6. Allowances and Special Rates

(i) Meal Allowance - For the purposes of this subclause, "the specified amount" means the amount as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.

(a) When Required to Work Overtime -

(1) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he/she will be so required to work shall either be supplied with a meal by the employer or paid the specified amount for the first meal and for each subsequent meal, but such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

(2) Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal, as the case may be, the employer shall provide such second and/or subsequent meals or shall make payment of the specified amount in lieu thereof.

(3) If an employee, pursuant to 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 the specified amount for meals which he/she has provided but which are surplus.

(b) When Required to Work on a Sunday or Public Holiday -

(1) An employee engaged on continuous work, required to work on a Sunday or a public holiday for more than four hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid the specified amount for the meal taken during his/her first crib break and during each subsequent crib break; provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

(2) An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a Sunday or a public holiday or is required to work for a lesser period of time than advised, shall be paid the specified amount for meals which he/she has provided but which are surplus.

(ii) Leading Hands Allowance - An employee appointed by an employer as a leading hand in charge of other employees shall be paid, in addition to the ordinary rates prescribed by clause 5, Wages:

(a) when in charge of not less than three and not more than ten employees - the amount per week set out in Item 2 of the said table 2;

(b) when in charge of more than ten and not more than 20 employees - the amount per week set out in Item 3 of Table 2;

(iii) First-aid Allowances - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a certification from the St. John Ambulance or similar body, and who is appointed by the employer to perform first-aid duty shall be paid, in addition to the ordinary rates prescribed by clause 5, Wages, the amount per week set out in Item 5 of Table 2.

(a) Attendant - An employer shall endeavour to have at least one employee trained to render first-aid in attendance when work is performed at an establishment.

(b) First-aid Outfit - See section 60 of the Factories, Shops and Industries Act 1962, and the regulations made thereunder.

(iv) Special Conditions Allowances - In addition to the ordinary rates prescribed by clause 5, Wages, the following allowances shall be paid to employees, including juniors, in the circumstances prescribed. Where more than one of the disabilities entitling an employee to an allowance under this subclause exists on the same job, the employer shall be bound to pay the allowance for each of the disabilities so prevailing. The allowances prescribed by this subclause shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

(a) Dirty Work - For work which a foreperson and employee shall agree is of an unusually dirty or offensive nature - the amount per hour set out in Item 6 of Table 2, provided that:

(1) In the case of a disagreement between the foreperson and an employee, the employee or a shop steward on his/her behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the employer's industrial officer, if there be one, or otherwise by the employer or the executive officer responsible for the management or superintendence of the plant concerned. In such case, a decision shall be given on the employee's claim within 48 hours of it being asked for, unless that time expires on an on- working day, in which case it shall be given during the next working day or else the said allowance shall be paid.

(2) Any dispute arising under this subclause as to whether the work is of an unusually dirty or offensive nature shall be determined by the Plastic Moulding (State) Industrial Committee.

(b) Hot Places - For working for more than one hour in the shade in places:

(1) where the temperature is raised by artificial means to between 46degrees Celsius and 54degrees Celsius - the amount per hour set out in Item 7 of Table 2;

(2) in places where the temperature exceeds 54degrees Celsius - the amount per hour set out in Item 8 of Table 2.

Where work continues for more than two hours in temperatures exceeding 54o Celsius the employees shall be entitled to 20 minutes rest after every two hours work, without deduction of pay. The temperature shall be decided by the foreperson of the work after consultation with the employees who claim the allowance.

(c) Wet Places - For working in any place wherein clothing or boots become saturated, whether by water, oil or otherwise - the amount per hour set out in Item 9 of Table 2, provided that:

(1) This allowance shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

(2) An employee who becomes entitled to this allowance shall be paid such allowance for such part of the day or shift as he/she is required to work in wet clothing or boots.

(v) Motor Allowance - In addition to the ordinary rates prescribed by clause 4, Wages, an employee, who by agreement with their employer uses their own motor vehicle on the employer's business, shall be paid an allowance as set out in Item 10 of Table 2.

7. Hours of Employment

(i) Day Workers

Subject to clause 8, Implementation of 38-Hour Week, and subclause (iv) of clause 29, Consultation, and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

(a) 38 hours within a work cycle not exceeding seven consecutive days; or

(b) 76 hours within a work cycle not exceeding fourteen consecutive days; or

(d) 152 hours within a work cycle not exceeding twenty-eight consecutive days.

(e) for the purposes of subclause (i) of clause 8, Implementation of 38-Hour Week any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with subclause (ix) of clause 8, Implementation of 38-Hour Week.

(ii) The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.

(iii) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m. Provided that the actual ordinary hours of work shall be determined by agreement between an employer and the majority of employees in the plant or work section or sections concerned.

Provided further that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work.

(iv) The ordinary hours of work prescribed herein shall not exceed ten on any day. Provided that:

(a) in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the plant or work section or sections concerned; and

(b) by arrangement between an employer, the union or unions concerned and the majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(1) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve-hour shifts;

(2) proper health monitoring procedures being introduced;

(3) suitable roster arrangements being made; and

(4) proper supervision being provided.

8. Implementation of 38-Hour Week

(i) Ordinary hours of work shall be an average of 38 per week as provided in clause 7, Hours of Employment, and clause 9, Shift Work.

(ii) Except as provided in subclauses (v) and (vi) hereof, the method of implementation of the 38-hour week may be any one of the following:

(a) by employees working less than 8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days each week; or

(d) by rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

(iii) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned.

(iv) In the absence of agreement at plant level, the procedure for resolving special, anomalous or extraordinary problems shall be applied in accordance with clause 27, Dispute Resolution. The procedure shall be applied without delay.

(v) Subject to the provisions of subclause (iv), of clause 7, Hours of Employment, and subclause (ii)(a), of clause 9, Shift Work, the employer and the majority of employees in the plant or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

(vi) Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

(vii) Notice of Days Off - Except as provided in subclauses (vii) and (ix) hereof, in cases where, by virtue of the arrangement of the employees ordinary hours an employee, in accordance with subclause (ii) (c) and (d), is entitled to a day off during the employee’s work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off; provided that a lesser period of notice may be agreed by the employer and the majority of employees in the plant or section or sections concerned.

(viii) Substitute Days -

(a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with subclauses (ii) (c) and (d) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

(b) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(ix) Flexibility in relation to rostered days off -

Notwithstanding any other provision in this clause, where the hours of work of an establishment, plant or section are organised in accordance with subclause (ii) paragraphs (c) and (d) hereof an employer, the union or unions concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five (5) rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

Where such agreement has been reached the accrued rostered days off must be taken within each 12 month period thereafter.

It is understood between the parties that the involvement of the union or unions concerned would be necessary in cases where it or they have members in the plants concerned and not in non-union establishments.

9. Shift Work

(i) Definitions - For the purposes of this clause -

(a) Afternoon shift shall mean any shift finishing after 6.00 p.m. and at or before midnight.

(b) Continuous work shall mean work carried on with consecutive shifts of employee’s throughout the twenty-four hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(d) Rostered shift shall mean a shift of which the employee concerned has had at least forty-eight hours' notice.

(ii) Hours - Continuous work shifts - This subclause shall apply to shift workers on continuous work as hereinbefore defined. The ordinary hours of shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days. Subject to the following conditions, such shift workers shall work at such times as the employer may require. A shift shall consist of not more than ten hours inclusive of crib time. Provided that -

(a) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and

(b) by agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(1) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve-hour shifts;

(2) proper health and monitoring procedures being introduced;

(3) suitable roster arrangements being made; and

(4) proper supervision being provided.

(c) Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

(d) Twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.

(iii) Hours - Other than continuous shift work - This subclause shall apply to shift workers not upon continuous work as hereinbefore defined. Subject to clause 8, Implementation of 38-Hour Week, and subclause (iv) of clause 29, Consultation, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

(a) 38 hours within a period not exceeding seven consecutive days; or

(b) 76 hours within a period not exceeding fourteen consecutive days; or

(d) 152 hours within a period not twenty eight consecutive days.

(e) The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

(f) Provided that:

(1) the ordinary hours of work prescribed herein shall not exceed ten hours on any day;

(2) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and

(3) by agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(A) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve-hour shifts;

(B) proper health and monitoring procedures being introduced;

(D) proper supervision being provided.

(iv) Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

(v) Variation by Agreement -

(a) The method of working shifts may, in any case, be varied by agreement between the employer and the accredited representative of the union, to suit the circumstances of the establishment.

(b) The times of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by the employer to the employees.

(vi) Afternoon or Night Shift Allowances -

(a) A shift worker whilst on afternoon or night shift shall be paid 15 per cent more than the employees ordinary rate.

(b) A shift worker who works on any afternoon or night shift which does not continue for at least five successive afternoons or nights in a five-day workshop or for at least six successive afternoons or nights in a six-day workshop, shall be paid for each such shift 50 per cent for the first three hours thereof and 100 per cent for the remaining hours thereof in addition to the employees ordinary rate.

(1) during a period of engagement on shift, works night shift only; or

(2) remains on night shift for a longer period than four consecutive weeks; or

(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one-third of the employees working time off night shift in each shift cycle, shall, during such engagement, period or cycle, be paid 30 per cent more than the ordinary rate for all time worked during ordinary working hours in such night shift.

(vii) 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 one-half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (vi), of this clause.

(viii) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall -

(a) if employed on continuous work be paid at the rate of double time; or

(b) if employed on other shift work at the rate of time and one-half for the first three hours and at the rate of double time thereafter; except in each case where time is worked -

(d) for the purpose of effecting customary rotation of shifts; or

(e) on a shift to which an employee is transferred on shift notice, as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subclause (ii), of clause 3, Contract of Employment, of this award.

Provided that when not less than seven hours and thirty-six minutes' notice has been given the employer by the relief person that they will be absent from work and the employee whom the relief person should relieve is not relieved is required to continue to work on their rostered day off, the unrelieved employee shall be paid double time.

(ix) Sundays and Holidays -

(a) Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday or holiday shall be paid as follows:

(1) Sundays - at the rate of double time.

(2) Holidays as prescribed by clause 11, Holidays and Sunday Work, of this award, at the rate of double time.

(b) Shift workers on other than continuous work for all time worked on a Sunday or a holiday shall be paid at the rates prescribed in clause 11, Holidays and Sunday Work, of this award, where shifts commence between 11.00 p.m. and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or a holiday and extending into the Sunday or the holiday shall be regarded as time worked on such Sunday or holiday.

(c) Where shifts fall partly on a holiday that shift, the major portion of which falls on the holiday, shall be regarded as the holiday shift.

(x) Daylight Saving - Notwithstanding anything contained elsewhere in this award where, in any area by reason of the legislation of the State, summer time is prescribed as being in advance of standard time of the State, the length of any shift -

(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and

(b) 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 to the time fixed pursuant to State legislation. In this subclause the expressions "standard time" and "summer time" shall bear the same meanings as are prescribed by State legislation.

(xi) Requirement to Work Reasonable Overtime -

An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practice of one in, all in overtime shall not apply.

10. Overtime

(i)

(a) For all work done outside ordinary hours the rates of pay shall be time and one-half for the first three hours and double time thereafter and such double time shall continue until the completion of the overtime work. For the purposes of this clause ordinary hours shall mean the hours of work fixed in an establishment in accordance with clauses 7, Hours of Employment, 8, Implementation of 38-Hour Week, 9, Shift Work or subclause (iv) of clause 29 Consultation. The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by thirty-eight, even in cases when an employee works more than thirty-eight ordinary hours in a week.

(b) Except as provided for by this subclause or subclause (ii), of this clause, in computing overtime each day's work shall stand alone.

(c) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

(ii) Rest Period after Overtime -

(a) When overtime 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.

(b) An employee, other than a casual 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 the 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.

(c) 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 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:

(1) for the purpose of changing shift rosters; or

(2) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

(3) where a shift is worked by arrangement between the employees themselves.

(iii) Call Back -

(a) An employee recalled to work overtime after leaving the employer's business premises, whether notified before or after leaving the premises, shall be paid for a minimum of four hours work and where the employee has been paid for standing by in accordance with subclause (v), of this clause, shall be paid a minimum of three hours' work at the appropriate rate for each time the employee is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three or four hours as the case may be if the job the employee was recalled to perform is completed within a shorter period.

This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employees ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(b) Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause (ii), of this clause, where the actual time worked is less than three hours on such recall or on each of such recalls.

(iv) Saturday Work - Five-Day Week - A day worker required to work overtime on a Saturday shall be afforded at least four hours' work or shall be paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the previous day.

(v) Standing By - Subject to any custom now prevailing under which an employee regularly is required to hold state in readiness for a call back, an employee required to hold themself in readiness to work after ordinary hours shall, until released, be paid standing- by time at ordinary rates from the time which the employee is so to hold themself in readiness.

(vi) Crib Time -

(a) An employee working overtime shall be allowed a crib break of twenty minutes, without deduction of pay, after each four hours of overtime worked if the employee continues working after such crib time; provided that where a day worker on a five-day week is required to work overtime on a Saturday, the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

(b) Unless the period of overtime is less than one and one-half hours an employee, before starting overtime after working ordinary hours, shall be allowed a meal break of twenty minutes which shall be paid for at ordinary rates. An employer and employee agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employee shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

(vii) Transport of Employee’s - When an employee, after having worked overtime or a shift for which the employee regularly has not been rostered, finishes work at a time when reasonable means of transport are not available the employer shall provide the employee with a conveyance to the employees home or shall pay the employee their current wage for the time reasonably occupied in reaching the employees home.

11. Holidays and Sunday Work

(i)

(a) Prescribed Holidays - An employee on weekly hiring shall be entitled to the following public holidays without loss of pay as follows:

(b) New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day or Labour Day, Christmas Day and Boxing Day or such other day as is generally observed in a locality as a substitute for any of the said days respectively.

(c) By agreement between an employer and the employees other days may be substituted for the said days or any of them as to such employer's undertaking.

(d) In addition to the public holidays prescribed in subclause (i) (a) of this clause, one additional public holiday shall apply to an employee on weekly hire as granted to employees working under the Federal Metal Industry Award each year.

(e) For the purpose of this award -

(1) where Christmas Day falls on a Saturday or a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively;

(2) where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day;

(3) where New Year's Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Year's Day;

and the said Saturday and/or Sunday shall be deemed not to be holidays.

(ii) Payment for Work on Public Holidays - Except as provided in subclause (ix), Sundays and Holidays, of clause 9, Shift Work, of this award, an employee not engaged on continuous work shall be paid at the rate of double time and a half for work done on public holidays, such double time and a half to continue until the employee is relieved from duty.

(iii) Where an employee is absent from their employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

(iv) Payment for Work on Sundays - Except as provided in subclause (ix), Sundays and Holidays, of clause 9, Shift Work, of this award, an employee not engaged on continuous work shall be paid at the rate of double time for work done on Sundays, such double time to continue until the employee is relieved from duty.

(v) Rest Pause - Holidays and Sundays - An employee, other than a casual employee, not engaged on continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until the employee has had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

(vi) Minimum Payment - Holidays and Sundays - Employees, other than on shift or engaged in maintaining continuity of electric light and power or garage employees and/or drivers of tow and/or repair vehicles recalled for breakdown, accident or other emergency work, required to work on Sundays or public holidays, shall be paid for a minimum of three hours work.

(vii) Crib Time - Holidays and Sundays - An employee not engaged on continuous work working on a Sunday or public holiday shall be allowed a crib time of twenty minutes without deduction of pay after each four hours of work, if the employee continues work after such crib time. Provided that where a day worker is required to work on a Sunday or public holiday the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

(viii) Rostered Day Off Falling on Public Holiday -

(a) An employee who works continuous work and who by the circumstance of the arrangement of the employees ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this clause shall, at the discretion of the employer, be paid for that day seven hours 36 minutes at ordinary rates or have an additional day added to the employees annual leave. This provision shall not apply when the holiday on which the employee is rostered off falls on a Saturday or Sunday.

(b) In the case of an employee whose ordinary hours of work are arranged in accordance with subclause (ii) (c) or (ii) (d) or (iv) of clause 8, Implementation of 38-Hour Week, the weekday to be taken off shall not coincide with a public holiday fixed in accordance with subclauses (i), (ii) or (iii) hereof; provided that, in the event that a public holiday is prescribed after an employee has been given notice of his weekday off in accordance with subclause (vii), of the said clause 8, and the public holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday.

12. Extra Rates Not Cumulative

Extra rates in this award, except rates prescribed in clause 6, Allowances and Special Rates, of this award, and in clause 11, Holidays and Sunday Work, of this award, as to work on public holidays are not cumulative so as to exceed the minimum of double the ordinary rates.

13. Meal Breaks

(i) An employee shall not be required to work for more than five hours without a break for a meal. Provided that:

(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 shall not be required to work for more than six hours without a break for a meal; and

(b) by agreement between an employer and the majority of employees in the plant, work section or sections 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.

(ii) 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.

(iii) An employer may stagger the time of taking a meal and rest break to meet operational requirements.

(iv) Subject to the provisions of subclause (i) hereof, an employee employed as a regular maintenance person 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 such plant is idle.

(v) Except as provided in subclauses (i) and (iv) hereof, and except where any alternative arrangement is entered into as a result of in-plant discussions as provided in subclause (iv) of clause 29, Consultation time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

14. Rest Period for Employees

(i) Employees shall be allowed a rest period of not less than ten minutes during each day or shift which shall be taken during the first or second half of the day or shift as may be decided by a majority of the employees in the shop.

(ii) When requested by employees and where practicable, suitable seats shall be provided by the employer for employees.

15. Mixed Functions

An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than the employees ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift, the employee shall be paid the higher rate for the time so worked.

16. Payment of Wages

(i) Wages shall be paid as follows:

(a) An employee who actually works 38 ordinary hours each week - In the case of an employee whose ordinary hours of work are arranged in accordance with paragraph (a) and (b) subclause (ii) of clause 8, Implementation of 38-Hour Week, of this award so that the employee works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

(b) An employee who works an average of 38 ordinary hours each week - Subject to subclauses (ii) and (iii) hereof, in the case of an employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (ii) of clause 8, Implementation of 38-Hour Week, of this award, so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly 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.

Special Note: Explanation of Averaging System - As provided in this subclause, an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle is to be paid the employees wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out below:

(1) Clause 8, Implementation of 38-hour week, provides in subclause (ii) (c) and (d) that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.

(2) If the 38-hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee's ordinary hours where arranged on the basis that for three of the four weeks the employee worked 40 ordinary hours each week and in the fourth week the employee worked 32 ordinary hours. That is, the employee would work for 8 ordinary hours each day, Monday to Friday inclusive, for three weeks, and 8 ordinary hours on four week days only in the fourth week - a total of 19 days during the work cycle.

(3) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in clause 5, Wages, of this award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.

In effect, under the averaging system, the employee accrues a "credit" each day the employee works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes. This "credit" is carried forward so that in the week of the cycle that the employee works on only four days, the employees actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours.

Consequently, for each day an employee works 8 ordinary hours the employee accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours 36 minutes.

(4) As provided in subclause (ii) of this clause, an employee will not accrue a "credit" for each day the employee is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service. When an employee is absent from duty because of annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service, the employees entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.

(ii) Absences from Duty -

(a) An employee whose ordinary hours are arranged in accordance with paragraph (c) and (d) of subclause (ii) of clause 8, Implementation of 38-Hour Week, of this award and who is paid wages in accordance with subclause (i) hereof and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the employees average weekly wage rate by 5. An employee who is so absent from duty for part of a day shall lose average pay for each hour the employee is absent by dividing the employees average daily pay rate by 8.

(b) Provided, when such an employee is absent from duty for a whole day 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 the employee would otherwise have been paid. Consequently, during the week of the work cycle 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 annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) is to be calculated as follows:

Average weekly pay
Total of credits not accrued	X	average week
during cycle		38

Examples - (An employee's ordinary hours are arranged so that the employee works 8 ordinary hours on five days of each week for 3 weeks and 8ordinary hours on four days of the fourth week).

(1) Employee takes one day off without authorisation in first week of cycle
Week of Cycle and Payment
1st week pay (i.e., less 1/5).	=	average weekly pay less one day's
2nd and 3rd weeks	=	average weekly pay each week
4th week	=	1/5 average pay less credit not accrued on
		day of absence
	=	1/5 average pay less
		0.4 hours X average weekly pay
		30

(2) Employee takes each of the 4 days off without authorisation in 4th week
Week of Cycle and Payment-
1st, 2nd and 3rd weeks	=	average weekly pay each week
4th week	=	average pay less 4/5 of average pay for the four days absent

	=	less total of credits not accrued that week

	=	1/5 average pay X average weekly pay
		less 4 X 0.4 hours 38

	=	1/5 average pay X average weekly pay
		less 1.6 hours 38

(iii) Alternative Methods of Payment -

(a) Provided that in the case of an employee who prior to 15 March 1982 was working less than 40 ordinary hours each week and who was paid by a method different from that provided for in subclauses (i) and (ii) hereof, such method may be continued.

(b) Provided further that, where the employer and the majority of employees concerned agree, an alternative method of paying wages to that provided in subclauses (i) and (ii) hereof may be introduced.

(iv) Wages to be Paid During Working Hours - Subject to subclause (v) hereof, where the majority of employees in a particular establishment are employed under the terms of this award, wages shall be paid during ordinary working hours and if an employee is kept waiting for the employee’s wages on pay day after the usual time for ceasing work, the employee shall be paid at overtime rates for the period the employee is kept waiting. Where the majority of employees in a particular establishment are not employed under the terms of this award, an employee kept waiting for their wages on pay day for more than six minutes after the usual time for ceasing work shall be paid at overtime rates after the six minutes.

(v) Day Off coinciding with Pay Day - In the event that an employee, by virtue of the arrangement of the employees 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; provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

(vi) Payment by cheque or electronic funds transfer subject to the NSW Industrial Relations Act 1956, where an employer and employee agree, the employee may be paid their wages by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account, provided that in the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee, have a facility available during ordinary hours for the "encashment" of the cheque.

(vii) Payment During First Week of Employment - On the first pay day occurring during the employee’s employment, an employee shall be paid whatever wages are due to the employee up to the completion of the employees work on the previous day; provided that this subclause shall not apply to employers who make a practice of allowing advances approximating wages due.

(viii) Termination of Employment - Upon termination of the employment wages due to an employee shall be paid to the employee on the day of such determination or forwarded to the employee by post on the next working day; provided that in the case of an employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (ii) of clause 8, Implementation of 38-Hour Week, of this award and who is paid average pay and who has not taken the day off due to the employee during the work cycle in which the employees employment is determined, the wages due to that employee shall include the total of credits accrued during the work cycle as detailed in the Special Note following paragraph (b) of subclause (i) of this clause.

(ix) Details of Payments to be Given - On or prior to the employees pay day, the employer shall state to each employee in writing the amount of wages to which the employee is entitled, the amount of deduction made therefrom, and the net amount paid to the employee.

(x) Calculation of Hourly Rate - Except as provided in paragraph (a) subclause (ii), of this clause, hourly rates shall be calculated by dividing the appropriate weekly rate by 38.

17. General Conditions

(i) Boiling Water - The employer shall provide boiling water at meal times for employees.

(ii) Lockers - An employer shall, at some reasonably convenient place on the premises, provide a suitable locker for each employee in the workshop or hanging facilities which afford reasonable protection for employees' clothes.

(iii) Damage to Clothing, Spectacles, Hearing Aids and Tools - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.

Provided that the employer's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties, provided further, that this paragraph shall not apply when an employee is entitled to workers' compensation in respect of the damage.

(iv) Gloves - If requested by the employees suitable canvas or leather gloves shall be provided by the employer.

(v) Goggles -

(a) Suitable mica or other goggles shall be provided by the employer for each employee using wheels. Where used by more than one employee such goggles shall be sterilised before being used by another employee. An employee when working on emery wheels shall wear the goggles provided for the employees protection.

(b) Goggles containing celluloid shall not be considered suitable for the purpose of this provision.

(vi) Case Hardened Prescription Lenses - An employer who requires an employee to have the employee’s prescription lenses case hardened shall pay for the cost of such case hardening.

(vii) Tools - The employer shall provide for each employee such tools as customarily and necessary for the employee to perform the employee’s duties. The employee shall replace or shall pay for any tools so provided, if lost through the employee’s negligence.

18. Annual Leave

(i) Period of Leave - A period of twenty-eight consecutive days' leave including non-working days shall be allowed annually to an employee after twelve months' continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which the award applies. An employee on weekly hiring shall accrue annual leave at a rate of 2.923 hours for each thirty-eight ordinary working hours worked.

(ii) Seven-Day Shift Workers - In addition to the leave hereinbefore prescribed 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 twelve months' continuous service is engaged for part of the twelve-monthly period as a seven-day shift worker, the employee shall be entitled to have the period of leave to which the employee is entitled as prescribed in subclause (i), of this clause, increased by half a day for each month the employee is continuously engaged as aforesaid.

(iii) Annual Leave Exclusive of Public Holidays - Subject to this subclause the annual leave period prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 11, Holidays and Sunday Work, of this award, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon the employee, to attend for work at the employees ordinary starting time on the working day immediately following the last day of the period of the employees annual leave, the employee shall not be entitled to be paid for any such holiday.

(iv) Broken Leave - The annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods, then one of those two periods must be of at least 21 consecutive days, including non-working days.

Provided that, if the employer and an employee so agree, the employees annual leave entitlement may be given and taken in two separate periods, neither of which is of at least 21 consecutive days, including non-working days, or in three separate periods. Provided further that an employee may, with the consent of the employer, take short term annual leave, not exceeding four days in any calendar year, at a time or times separate from any of the periods determined in accordance with this subclause.

(v) Calculation of Continuous Service - For the purpose of this clause service shall be deemed to be continuous notwithstanding

(a) any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

(b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or

In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this subclause shall inform the employer, in writing if practicable, within twenty-four hours of the commencement of such absence of the employees inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the employees absence. A notification given by an employee pursuant to clause 20, Sick Leave, of this award shall be accepted as a notification under this subclause.

Any absence from work by reason of any cause, not being a cause specified in this subclause, shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notification to employees is usually made in that plant, and by posting to the union whose members have participated in such concerted or collective absenteeism a copy of it not later than the day it is posted up in this plant.

A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the employees last recorded address, in which case it shall be deemed to have reached the employee in due course of post.

In calculating the period of twelve months' continuous service the following absences shall be taken into account and counted as time worked:

Up to 152 ordinary working hours - twelve monthly period in the case of sickness or accident.

Long service leave taken by an employee in accordance with clause 19, Long Service Leave, of this award.

Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months' continuous service; provided that for the purpose of this clause in calculating continuous service for periods of less than 12 months, such absences due to sickness or accident shall be taken into account and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months' service.

(vi) Calculation of Service - Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed. The period of annual leave to be allowed under this subclause shall be calculated to the nearest day, any broken part of a day in the result not exceeding half a day to be disregarded.

Where the employer is a successor or assignee or transmittee of a business and if an employee was in the employment of the employer's predecessor at the time when the employer became such successor or assignee or transmittee the employee in respect of the period during which the employee was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

(vii) Leave to be Taken - The annual leave provided by this clause shall be taken and, except as provided by subclauses (xii) and (xiii) hereof, payment shall not be made or accepted in lieu of annual leave.

(viii) Time of Taking Leave - Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave accrued and after not less than four weeks notice to the employee.

Provided that, by agreement between an employer and an employee, annual leave may be taken at any time within a period of twelve months from the date at which it falls due and with less than four weeks notice to the employee.

(ix) Leave Allowed Before Due Date -

(a) An employer may allow an employee to take annual leave either wholly or partly in advance before the right thereto has accrued due. In such case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part thereof had been taken before it accrued.

(b) Where annual leave or part thereof has been granted pursuant to paragraph (a) before the right thereof has accrued due, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which the leave was granted, 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 (xii), of this clause, the employer shall not be liable to make any payment to the employee under subclause (xii), of this clause, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

(x) Payment for Period of Annual Leave - Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employer not been on leave during the relevant period, provided that payment for the period specified in subclause (i) of this clause shall not exceed 152 ordinary hours.

Subject to subclause (xi) hereof, each employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

(a) Time Workers (other than Piece Workers) -

(1) The rate applicable to the employee as prescribed by clause 5, Wages, and subclause (iii), of clause 6, Allowances and Special Rates.

(2) Subject to subclause (xi) (b) to the rate prescribed for work in ordinary time by clause 9, Shift Work, of this award, according to the employee's rostered or projected roster including Saturday and Sunday shifts.

(3) The rate payable pursuant to clause 15, Mixed Functions, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

(4) Any other rate to which the employee is entitled in accordance with the employees contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by clause 6, Allowances and Special Rates, or clause 10, Overtime, of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

(b) Piece Workers - In the case of an employee employed on piece or bonus work or any other system of payment by results, whether in accordance with this award or otherwise, the rate which is the weekly average of payments made to the employee under such scheme for the period actually worked by the employee during ordinary working 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.

(xi) Loading on Annual Leave - During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by subclause (x), of this clause, subject to paragraph (b) hereof.

The loading shall be as follows:

(a) Day Workers - 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 Workers - An employee who would have worked on shift work had the employee not been on leave - a loading of 17.5 per cent.

Provided that where the employee would have received shift loadings prescribed by clause 9, Shift Work, had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5 per cent, then the shift loading as prescribed in subclause (x) (a) (2), of this clause, shall be included in the rate of wage prescribed by subclause (x) in lieu of the 17.5 per cent loading; provided further that if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wage prescribed by subclause (x), but not including subclause (x) (a) (2).

The loading prescribed in this subclause shall not apply to proportionate leave on termination.

(xii) Proportionate Leave on Termination - an employee on weekly hiring who:

(a) after one week's continuous service in the employees first qualifying twelve-month period with an employer, lawfully leaves the employment of the employer or the employees employment is terminated by the employer through no fault of the employee; or

(b) after twelve months' continuous service with an employer, leaves the employment of the employer or their employment is terminated by the employer for any reason, 2.923 hours for each thirty-eight 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 (x), of clause 16, Payment of Wages;

(xiii) Annual Close Down - Where an employer closes down the plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:

(a) The employer may, by giving not less than four weeks' notice of the employers intention so to do, stand off for the duration of the close down all employee's in the plant, or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave for twelve months' continuous service, pursuant to subclause (i) hereof, paid leave on a proportionate basis at the appropriate rate of wage as prescribed in subclauses (x) and (xi) hereof for 2.923 hours for each 38 ordinary hours worked.

(b) An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to subclause (i) hereof, and has also completed a further week or more of continuous service shall be allowed the employees leave and shall, subject to subclause (vi) hereof, also be paid at the appropriate rate of wage as prescribed by subclauses (x) and (xi) hereof for 2.923 hours for each 38 ordinary hours worked since the close of his last twelve-monthly qualifying period.

(c) The next twelve-monthly qualifying period for each employee affected by such close down shall commence from the day on which the plant, or section or sections 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 shall be deemed to be time of service in the next twelve-monthly qualifying period.

(d) If in the first year of the employees service with an employer an employee is allowed proportionate annual leave under paragraph (ix) hereof, and subsequently within such year lawfully leaves the employees employment or the employees employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of subclause (xii), of this clause, subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

(e) The employer may close down the plant for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the plant in two separate periods one of those periods shall be for a period of at least 21 consecutive days, including non-working days.

Provided that where the majority of employees concerned agree, an employer may close down the plant, work section or sections in one, two or three separate periods for the purpose of granting annual leave in accordance with this subclause. Provided further that if an employer closes down the plant on more than one occasion, one of those periods shall be for a period of at least fourteen consecutive days including non-working days. In such cases, the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.

(xiv) Part Close Down and Part Rostered Leave -

(a) The employer may close down the plant, or a section or sections thereof, for a period of at least 21 consecutive days, including non-working days, and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.

(b) Provided that by agreement with the majority of employees concerned, an employer may close down the plant for a period of at least fourteen consecutive days, including non-working days, and grant the balance of the annual leave due to an employee by mutual arrangement.

(c) The employer may close down the plant, or a section or sections thereof for a period of less than twenty-one consecutive days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the plant, or a section or sections thereof respectively and before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the closedown or closedowns and the details of the annual leave roster.

(xv) Exemptions - This clause shall not apply to any employer in respect of any employee to whom, pursuant to an award or agreement, Commonwealth or State, an employer is required to allow annual leave to an extent equal to or greater than that prescribed herein.

19. Long Service Leave

See Long Service Leave Act 1955.

20. Sick Leave

(i) An employee on weekly hiring who is absent from work on account of personal illness, or on account of injury by accident shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

(a) An employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

(b) An employee shall, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of the employee’s 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 of shift of such absence the employee shall inform the employer within twenty-four hours of such absence.

(c) An employee shall prove to the satisfaction of the employer (or, in the event of dispute, the Plastic Moulding (State) Industrial Committee 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.

(d) First Year of Employment - An employee shall not be entitled during the 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 the employee normally works more than 8 ordinary hours in any day, the employee shall not be entitled to leave in excess of 40 hours of ordinary working time. Provided that during the first five months of the year of a period of service with an employer the employee 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.

(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 on any day.

(f) Part Day Absences - In the case of employees whose hours of work are fixed in accordance with subclauses (ii) (c), (d) or (v) of clause 8, Implementation of 38-Hour Week, of this award, sick pay entitlements for part day absences shall be calculated on a proportionate basis as follows:

duration of sick leave absence	X	appropriate weekly rate
ordinary hours normally worked		5
that day

In the case of employees whose hours of work are fixed in accordance with clause 8, Implementation of 38-Hour Week, (ii) (a) or (b), of this award, sick pay entitlements for part day absences shall be calculated on a proportionate basis as follows:

duration of sick leave absence	X	appropriate weekly rate
		38

(ii) 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 the employee 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 the employee produces to the employer a certificate of a duly qualified medical practitioner that in, 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. Nothing in this subclause shall limit the employer's right under paragraph (c), of subclause (i), of this clause.

(iii) Cumulative Sick Leave - Sick Leave shall accumulate from year to year, so that any balance of the period specified in paragraphs (d) and (e), of subclause (i), or in subclause (v), of this clause, which has in any one 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.

(iv) Attendance at Hospital, etc. - Notwithstanding anything contained in subclause (i), of this clause, an employee suffering injury through an accident arising out of and in the course of the employee’s employment (not being an injury in respect of which the employee is entitled to workers' compensation) necessitating the employees attendance during working hours on a doctor, chemist, or trained nurse, or at a hospital, shall not suffer any deduction from the employee’s 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.

(v) Broken Service - If an employee is terminated by the 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.

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 commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

(vi) Definition of 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 in employment in any year and the anniversary of the commencement of employment in the next year.

(vii) Sickness on Day Off - Where an employee is sick or injured on the weekday the employee is to take off in accordance with subclause (ii) (c) or (d), or subclause (v), of clause 8, Implementation of 38-Hour Week, of this award, the employee shall not be entitled to sick pay nor will the employees sick pay entitlement be reduced as a result of the employees sickness or injury that day.

(viii) Alternative Methods of Payment - Where the employer and the majority of employees concerned agree, an alternative method of calculating sick leave entitlements to that provided for in this clause may be introduced.

21. Personal/Carer's Leave

(i) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c), 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 20, 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.

(1) the employee being responsible for the care of the person concerned; and

(2) the person concerned being:

(3) a spouse of the employee; or

(A) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the 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

(B) 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

(C) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(D) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

(1) "relative" means a person related by blood, marriage or affinity;

(2) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

(3) "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(ii) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.

(iii) Annual Leave

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(iv) Time Off in Lieu of Payment for Overtime

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with 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.

22. Bereavement Leave

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to a minimum of two days bereavement leave where the employee travels outside Australia to attend the funeral.

(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 21, Personal/Carer’s Leave of this Award, 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 21. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

23. Jury Service

(i) An employee on weekly hiring required to attend for jury service during the employees ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employees attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

(ii) An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of the employees attendance, the duration of such attendance and the amount received in respect of such jury service.

24. Redundancy

(i) Application -

(a) This clause shall apply in respect of full-time and part-time employees employed in the classifications specified in this award.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change -

(a) Employer's Duty to Notify -

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where this award makes provision for alteration of any 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), Employer's Duty to Notify, of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in this subclause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iii) Redundancy -

(a) Discussions Before Terminations -

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, pursuant to paragraph (a) of subclause (ii), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(3) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iv) Termination of Employment -

(a) Notice for Changes in Production, Program, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure", in accordance with paragraph (a) of subclause (ii) of this clause.

(1) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
2 years and less than 5 years	3 weeks
3 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 termination by the employer for reasons arising from "technology" in accordance with paragraph (a) of subclause (ii) of this clause:

(1) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment 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.

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.

(e) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(f) Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

(h) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(v) Severance Pay -

(a) Where an employee is to be terminated pursuant to subclause (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of service	Under 45 years of age entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of service	45 years of age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(3) "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments and shift penalties paid in accordance with the parent award.

(b) Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 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 (a) will have on the employer.

(c) Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (a) if the employer obtains acceptable alternative employment for an employee.

(vi) Procedures Relating to Grievances - Grievances relating to individual employees will be dealt with in accordance with clause 27, Dispute Resolution.

25. Superannuation

(i) Definitions - In this clause -

(a) "Eligible employee" means an employee under this award who is or becomes a member of the superannuation fund selected in accordance with subclause (iii) of this clause and who is:

(1) a weekly employee with not less than 4 weeks continuous service with the employer; or

(2) a casual employee who has:

(A) had a start with the employer on thirty days in a period no greater than one year; provided such period commences no earlier than the date one year preceding the operation of this clause; and

(B) worked an average in the case of junior employees of at least twelve hours per week and in the case of adult employees at least six hours per week with the employer during the one month immediately preceding any day the employer would (but for this definition) be required to make the superannuation contributions prescribed in subclause (ii) of this clause.

(b) "Ordinary-time earnings" means an employee's award classification rate (including supplementary payment where applicable), any overaward payment, tool allowance, leading hand allowance and shift loading, including weekend and public holiday rates where the shift worked is part of the employee's ordinary hours or work.

All other allowances and payments are excluded.

"Act" means the Commonwealth Occupational Superannuation Standards Act 1987.

(ii) Contributions -

(a) Subject to subclauses (iii), (iv), and (v) of this clause, an employer shall contribute to a superannuation fund which complies with the Act and Regulations on behalf of each eligible employee a superannuation contribution equivalent to 3 per cent of such eligible employee's ordinary time earnings from the beginning of the first pay period to commence on or after 27 March 1991 provided that:

(1) upon completion of the qualifying periods specified in subclause (i) of this clause, contributions on behalf of each eligible employee shall apply from the date of the employee's commencement of employment with the employer subject to the operative date of this clause; and

(2) the benefits offered by the fund selected in accordance with subclause (iii) of this clause and of which the employee is a member, may be improved such that the improvements are equivalent to the value of contributions required to be made by paragraph (a) of subclause (ii) of this clause and are in accordance with the Act and Regulations.

(b) The contributions required herein shall be made to the relevant fund selected in accordance with subclause (iii) of this clause in the manner and at the times specified by the terms of the fund or any agreement between the employer and the trustees of the fund.

(iii) Superannuation Fund -

(a) The employer shall make the superannuation contributions or improvements pursuant to the award to any of the following funds selected by the employer provided that such fund complies with the Act and Regulations:

(1) The Superannuation Trust of Australia (STA), Australian Retirement Fund (ARF) or the Australian Superannuation Savings Employment Trust (ASSET).

(2) Any fund which has application to the employees in the principal business of the employer where employees covered by this award are a minority of award covered employees.

(b) Provided further that an employer shall not be compelled to contribute to more than one fund in respect of employees covered by this award.

(c) In any circumstances in which a union respondent to this award is concerned about a fund selected pursuant to this clause, the union may challenge before the Industrial Relations Commission of New South Wales the suitability of the fund within six months of the date of operation of this award or the date of fund selection, whichever is the later.

(iv) Fund Membership - The employer shall make the employee aware of the employees entitlements under this award and offer the employee the opportunity to become a member of the appropriate fund in accordance with subclause (iii) of this clause. An employee shall be required to properly complete the necessary application forms to become a member of the appropriate fund in order to be entitled to the contributions prescribed in subclause (ii), Contributions, of this clause.

In any case where the employee refuses to become a member of the relevant fund and the employer does not make the contributions in accordance with the said subclause (ii) of this clause on behalf of that employee, the employer shall notify in writing the trustee of the relevant fund of such circumstance.

In the event the employee elects not to join the fund, the employer shall remind the employee, in writing, of the employees entitlements, within a period of a further six months. Should an employee subsequently complete the necessary forms and become a member of the fund, the contributions prescribed in the said subclause (ii) of this clause shall commence from the pay period commencing after the completion of such forms.

(v) Exemptions -

(a) This clause shall not apply to any employer who as at 27 March 1991 is already satisfying and continues to satisfy the requirements of subclause (ii), Contributions, of this clause by providing new or improved superannuation benefits or contributions equivalent to three per cent of ordinary time earnings and in accordance with the Act and Regulations.

(b) In circumstances where a union is concerned about a fund utilised in paragraph (a) of this subclause, it may challenge the suitability of that fund within six months of the date of operation of this award before the Industrial Relations Commission of New South Wales.

(vi) Absence from Work -

(a) Paid Leave - Contributions shall continue whilst a member of a fund is absent on paid leave such as annual leave, long service leave, public holidays, jury service, sick leave and bereavement leave.

(b) Unpaid Leave - Contributions shall not be required to be made in respect of any absence from work without pay.

(c) Work Related Injury and Sickness - In the event of an eligible employee's absence from work due to work related injury or sickness, contributions shall continue for the period of absence (subject to a maximum of 52 weeks total absence for each injury or sickness); provided that the member of the fund (employee) is receiving payments in accordance with the provisions of this award or an industrial agreement dealing with accident pay.

26. Traineeships

(i) Application -

(a) Subject to paragraph (ii) of this subclause, this clause shall apply to persons who are undertaking a traineeship (as defined).

(b) Notwithstanding the foregoing, this clause shall not apply to employees who were employed prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the relevant union(s).

(ii) Objectives

The objectives of this clause are to establish a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of the trainees, particularly young people, and the long term unemployed. The system is neither designed 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.

(iii) Definitions -

"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 practices in accordance with a traineeship scheme approved by the Department of Education and Training (DET). The training will be accredited and lead to qualifications as set out in paragraph (i) of subclause (D), Training Conditions.

"Trainee" means an employee who is bound by a traineeship agreement made in accordance with this award.

"Traineeship" means a system of training which has been approved by DET

"Traineeship Agreement" means an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with DET. A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

"Traineeship Scheme" means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A traineeship scheme shall not be given approval unless consultation and negotiation with the union upon the terms of the proposed traineeship scheme and the traineeship have occurred. An application for approval of a traineeship scheme shall identify the relevant union and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiations have occurred. A traineeship scheme shall include a standard format which may be used for a traineeship agreement.

"Parties to a traineeship scheme" means the employer organisation and/or the employer and union involved in the consultation and negotiation required for the approval of a traineeship scheme.

"DEC" means the Department of Training and Education Co-ordination.

"Appropriate State Legislation," means the Industrial and Commercial Training Act 1989 or any successor legislation.

(iv) Training Conditions -

(a) The trainee shall attend an approved training course or training programme prescribed in the traineeship or as notified to the trainee by DET in accredited and relevant traineeship schemes.

(b) A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with DET 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 DET. The employer shall ensure that the trainee is permitted to attend the training course or programme 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 programme will be monitored by officers of DET and training records or work books may be utilised as part of this monitoring process where appropriate.

(e) Training is to 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, using technology), and as are proposed to be included in the Australian Qualification Framework Level 1 qualification. 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 of 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 Australian Qualification Framework Level 2 qualification or above.

(v) Employment Conditions -

(a) A trainee shall be engaged as a full-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. By agreement in writing, and with the consent of DET, the parties to a traineeship agreement may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.

(b) An employer shall not terminate the employment of a trainee without first having provided written notice of termination to the trainee concerned and DET in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989. The written notice to be provided to DET shall be provided within 5 working days of the termination.

An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, DET of their decision.

(c) The trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

(d) 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 the award or any other legislative entitlements.

(e) (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.

(4) The trainee wages shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless otherwise agreed by the parties to a traineeship scheme.

(f) All other terms and conditions of the relevant award are applicable to the trainee and shall apply, unless specifically referred to by this clause.

(g) A trainee who fails to either complete the traineeship or who cannot, for any reason, be placed in full-time employment with the employer on successful completion of the traineeship shall not be entitled to any severance payments.

(vi) Wages -

(a) (1) The weekly wages payable to trainees are as provided in Part C, Training Wage.

(2) These wage rates will only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.

(3) The wage rates prescribed by this subclause do not apply to the complete trade level training which is covered by the apprenticeship system.

(b) Appendix A - Industry/Skill Levels, of the said Part C, sets out the industry/skill level of an approved traineeship. The industry skill levels contained in the said Appendix A are, prima facie, the appropriate levels but are not determinative of the actual skill levels (i.e., Skill Levels A, B or C) that may be contained in a traineeship scheme. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made by DET, based on the following criteria:

(1) any agreement of the parties;

(2) the nature of the industry;

(3) the total training plan;

(4) recognition that training can be undertaken in stages;

(5) the exit skill level in the relevant award contemplated by the traineeship.

In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

(c) For the purposes of Part C, Training Wage, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

(1) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

(2) include any period during which a trainee repeats, in whole or in part, a year of schooling beyond Year 10; and

(3) not include any period during a calendar year in which a year of schooling is completed.

(d) At the conclusion of the traineeship, this clause ceases to apply to the employment of the trainee and the relevant award shall apply to the former trainee.

(vii) Grievance Procedures -

Clause 27, Dispute Settling Procedure, shall apply to trainees.

27. Dispute Resolution

(i) Avoidance of Industrial Disputes -

A procedure for the avoidance of industrial disputes shall apply in establishments covered by this award.

The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, Co-operation and discussion; and to avoid interruption to the performance of work and the consequential loss of production and wages.

It is acknowledge that in some companies or sectors of the industry, disputes avoidance/ settlement procedures are either now in place or in the process of being negotiated and it may be the desire of the immediate parties concerned to pursue those mutually agreed procedures. In other cases, the following principles shall apply:

(a) Depending on the issues involved, the size and function of the plant or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

discussions between the employee/s concerned and at his/her request the appropriate union shop steward/delegates, and the immediate supervisors;

discussions involving the employee/s, the shop steward/s and more senior management;

discussions involving representatives from the State Branch of the union and the employer organisation Branch representatives;

discussions involving senior union officials;

There shall be an opportunity for any party to raise the issue to a higher stage.

(b) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(d) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

(e) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.

(f) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiation and conciliation are being followed.

(g) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the workplace.

(h) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote de-skilling.

(i) 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.

(j) Any direction issued by an employer pursuant to paragraphs (a) and (b) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

28. Enterprise Arrangements

See NSW Industrial Relations Act, 1996.

29. Consultation

(i) Structural Efficiency

(a) The parties to this award are committed to Co-operating positively to increase the efficiency, productivity and international competitiveness of the plastic moulding industry and to enhance the career opportunities and job security of employees in the industry.

(b) Enterprise Consultation - Enterprises covered by this award shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

(c) Measures raised for consideration consistent with subclause (ii) herein shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and, subject to clause 30, Training, matters concerning training.

(d) Matters arising which affect award provisions shall be processed pursuant to clause 28, Enterprise Arrangements.

(e) Any disputes arising in relation to the implementation of subclauses (ii) and (iii) herein shall be subject to the provisions of subclause (viii), of clause 27, Dispute Resolution, of this award.

(ii) Commitments to Reform

It is a term of this award that the parties undertake to continue with the implementation of structural efficiency measures at both the award and workplace level and that they will assist and actively Co-operate in achieving increased productivity, efficiency and flexibility at those enterprises which fall within the scope of this award.

(iii) Review Process: Facilitative Provisions and Majority Clauses

(a) The parties to this award shall identify and review the effective use of facilitative provisions and majority clauses.

(b) The parties acknowledge that consultation with their respective membership, with the objective of implementing the review process, will need to take place.

(c) The parties will then confer at regular intervals regarding the proposals at times and dates agreed upon between the parties.

(d) Subject to the Industrial Relations Act 1996, nothing in this clause shall prevent any of the parties seeking the assistance of the Industrial Relations Commission of New South Wales, either by way of conciliation or arbitration, at any time during the review process.

(iv) Procedures for In-Plant Discussions

(a) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38-hour week in accordance with clauses 8, Implementation of 38-Hour Week and 9, Shift Work of this award and entailing an objective review of current practices to establish where improvements can be made and implemented.

(b) The procedures should allow for in-plant discussions to be ongoing.

(c) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including the overcoming of language difficulties.

(d) The procedures should allow for the monitoring of agreements and understandings reached in-plant.

(e) In cases where agreement cannot be reached in-plant in the first instance or where problems arise after initial agreements or understandings have been achieved in-plant, a formal monitoring procedure shall apply.

(f) Separate to these procedures the employer organisations may provide assistance and guidance to their members on the subject matters to be dealt with in in-plant discussions and on other relevant matters.

30. Training

(i) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

(ii) Following proper consultation in accordance with subclause (i) of clause 29, Consultation, or through the establishment of a training committee, an employer shall develop a training programme consistent with:

(a) the current and future skill needs of the enterprise;

(b) the size, structure and nature of the operations of the enterprise;

(c) the need to develop vocational skills relevant to the enterprise and the plastic moulding industry through courses conducted by accredited educational institutions and providers.

(iii) Where it is agreed a training committee be established that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

(a) formulation of a training programme and availability of training courses and career opportunities to employees;

(b) dissemination of information on the training programme and availability of training courses and career opportunities to employees;

(d) monitoring and advising management and employees on the ongoing effectiveness of the training.

(iv)

(a) Where, as a result of consultation in accordance with the said clause 29 or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to subclause (ii) herein should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that 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.

(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 shall also be on an annual basis subject to the presentation of reports of satisfactory progress.

(c) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

(v) Subclauses (ii), (iii) and (iv) herein shall operate as interim provisions and shall be reviewed after nine months operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (i) herein. In this connection, the union reserves the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and/or the plastic moulding industry.

(vi) Any disputes arising in relation to subclauses (ii) and (iii) shall be subject to the provisions of clause 27, Dispute Resolution, of this award.

31. 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 ground of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(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.

(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(iv) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practise of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(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.

(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."

32. Shop Stewards

(i) An employee appointed shop steward in the shop or department in which the employee is employed shall, upon notification thereof to the employer, be recognised as the accredited representative of the union to which the employee belongs. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting the employees whom the shop steward represents.

(ii) 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 the shop stewards belongs on legitimate union business.

33. Notice Board

The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in the plant or in a separate building in each plant so that it will be reasonably accessible to all the employees working under this 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.

34. Basis of Award and Leave Reserved to Apply

(i) In order to maintain uniformity in the industry this award is based upon the current award of the Australian Industrial Relations Commission known as the Metal, Engineering and Associated Industries Award 1998 Part 1.

(ii) Leave is reserved to the parties to apply at any time for variation of this award in order to make the rates and conditions of work uniform with any award or order of the Australian Industrial Relations Commission which rescinds and/or varies the award referred to in subclause (i), of this clause, so that uniformity in the industry created by this award may be maintained.

(iii) Leave is reserved to the union to apply as it may be advised in respect of the classifications and definitions of Machinist, 2nd Class, and Machinist, 3rd Class.

35. Exemption

This award shall not apply to Formica Australia Pty. Limited whilst it continues to observe the terms and conditions of Industrial Agreement No. 7828 filed with the Industrial Registrar on 8 October 1987, or any variation thereof or any agreement made in substitution thereof.

36. Area, Incidence and Duration

This award rescinds and replaces the Plastic Moulding (State) Award published 28 March 1984 and reprinted 10 April 1992 (268 I.G. 1023) and all variations thereof.

(i) It shall apply to all employees specified herein within the jurisdiction of the Plastic Moulding (State) Industrial Committee

(ii) This award was first published on 28 March 1984 and took effect from the beginning of the first pay period to commence on or after 18 December 1981. This award was reprinted on 10 April 1992 (268 IG 1023).

(iii) The award has been reviewed pursuant to Section 19 of the Industrial Relations Act 1996. On review the following awards are rescinded:

Plastic Moulding, & c. (State) Wages Adjustment and Redundancy Award published 2 February 1996 (290 I.G. 400), and all variations thereof;

Plastic Moulding, & c. (Training Wage) (State) Award published 30 June 1995 (286 I.G. 443) and all variations thereof;

Miscellaneous Workers' Plastic Moulding, &c. (State) Wages Adjustment, Family Leave and Allowances Award published 18 October 1996 (295 I.G. 431) and all variations thereof.

Changes made to the award pursuant to the review take effect on and from 13 June 2001.

Plastic Moulding (State) Industrial Committee

Industries and Callings

All employees engaged in or in connection with plastic moulding in the State, excluding the County of Yancowinna;

Excepting -

Maintenance fitters and turners and toolmakers;

Employees engaged in plastic moulding in the rubber industry or in an industry which manufactures goods by plant and equipment which are normal to the rubber industry.

APPENDIX "A" Classification Definitions

Classification -

(i) Machine Operator means an adult employee who operates an extrusion injection moulding, blow moulding, compression moulding, vacuum forming or R.F. Welding Machine or any other machine producing plastic articles which require the application of a similar level of skill where such employee is required to exercise discretion as to all or any of the following matters - kind of quantity of powder, pressure, temperature and time of curing and running speed, including take-off speed and screw speed in the case of extrusion. (Old Wage Group G24.)

(ii) Machine Operator (other) means an adult employee who operates the same machine but does not exercise the discretion referred to in the definitions of machine operator. (Old Wage Group G42.)

(iii) Examiner of Materials - part finished or finished products - means an adult employee who is specifically engaged as an examiner paid as such and in the course of the employees duties exercises discretion as to the quality of the work examined. (Old Wage Group G38.)

(iv) Impregnating Machine Operator means an adult employee engaged on the wet end of impregnating machine used in the manufacture of laminated products known under their registered trade names of Laminex and Panalyte or similar materials. (Old Wage Group G34.)

(v) Laminating Machine Operator means an adult employee engaged on a laminating press manufacturing laminated products known under their registered trade names of Laminex and Panelyte or similar products. (Old Wage Group G34.)

(vi) Hand Laminator - Class 1 is an adult employee required to perform all processes listed for "Hand Laminator - Class 2" and able to work from blueprints or drawings. The employee is also to perform both of the following tasks:

(a) construct moulds;

(b) capable of carrying out repair work on all types of reinforced plastic components. (Old Wage Group G19.)

(vii) Hand Laminator - Class 2 is an adult employee required to exercise discretion and accept responsibility for the employees own work and who is capable of bringing a reinforced plastic component to completion.

This includes the following tasks:

preparation of moulds; preparation of constituents, including such operations as performing mat making, fibre, resin, deposition, etc., including use of spray gun; laminating by all methods; stripping and finishing and minor repair work. (Old Wage Group G31.)

(viii) Assembler means an adult employee, not being a process worker, who assembles and/or fits components and accessories of F.R.P. products. (Old Wage Group G34.)

(ix) means fibre reinforced plastic.

(x) Press Operator - Rigid and Semi-rigid Plastic means an adult employee operating a press who shapes sheets of plastic by the application of heat and pressure and is required to exercise discretion as to all or any of the following matters - pressure, temperature and time of curing. (Old Wage Group G33.)

(xi) Thermo Welder/Fabricator - Rigid and Semi-rigid Plastics, means an adult employee who is required to weld and/or glue and fabricate articles made from rigid or semi-rigid plastic by hand and shall not include an employee operating an electronic or radio frequency welding machine.

(xii) Process Worker means an employee engaged on:

(a) repetition work on any automatic, semi-automatic or single purpose machine or any machine fitted with jobs, gauges or other tools rendering operations mechanical (and in connection with which the employee is not responsible for the setting up on the machine or the dimensions of the products other than by checking with gauges, which gauges shall be either unadjustable or, if adjustable, shall not be set by the operator); or

(b) in the assembling of parts of mechanical appliances or other articles so made in which no fitting or adjustment requiring skill is required; or

(c) in specialised processes not requiring use of hand tools excepting hammers, pliers, screwdrivers, spanners and files and such tools as are necessary for deburring or removing rags or edging. (Old Wage Group G40.)

APPENDIX "B" INDUSTRY/SKILL LEVELS

Industry/Skill Levels

Industry/Skill Level A

Office Clerical.

Commonwealth Public Sector Clerical.

State Public Sector Clerical.

Local Government Clerical.

Finance, Property and Business Services.

Industry/Skill Level B

Wholesale and Retail.

Recreation and Personal Services.

Transport and Storage.

Manufacturing.

Industry/Skill Level C

Community Services and Health.

Pastoral.

Environmental.

Wholesale and Retail - Vehicle Repair Services and Retail Sector.

PART B

MONETARY RATES

Table 1 - Wages

Adult Employees

	Weekly Rates for Full-time Employees
Classification	Former Rate	SWC	Total Rates
	per week	2000	per week
		per week
	$	$	$
Plastics Worker -
Grade 1	385.40	15.00	400.40
Grade 2	402.10	15.00	417.10
Grade 3	424.60	15.00	439.60
Grade 4	445.50	15.00	460.50

Junior Employees

Age	Percentage of	Former Rate	SWC	Rate per week
	Grade 2	per week	2000	Payable
			per week
	%	$	$	$
Under 16 years of age	36.8	147.95	5.55	153.50

At 16 years of age	47.3	190.20	7.10	197.30

At 17 years of age	57.8	232.40	8.70	241.10

At 18 years of age	68.3	274.65	10.25	284.90

At 19 years of age	82.5	331.75	12.35	344.10

At 20 years of age	97.7	392.85	14.65	407.50

Table 2 - Allowances

Item	Clause No.	Brief Description	Amount	Payable
			$
1	6.(i)	Meal Allowance	7.70	per meal
2	6.(ii) (a)	Leading Hand: 3 to 10 employees	21.60	per week
3	6.(ii) (b)	Leading Hand: 11 to 20 employees	32.20	per week
4	6.(ii) (c)	Leading Hand: more than 20 employees	40.90	per week
5	6.(iii)	First Aid Allowance	9.80	per week
6	6.(iv) (a)	Dirty Work	0.38	per hour
7	6.(iv) (b) (1)	Hot Places: between 46°C and 54°C	0.38	per hour
8	6.(iv) (b) (2)	Hot Places: exceeding 54°C	0.48	per hour
9	6.(iv) (c)	Wet Places	0.38	per hour
10	6.(v)	Motor Allowance	0.53	per km

PART C - TRAINING WAGES

Table 1 - Industry/Skill Level A

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level A:

	Highest Year of Schooling
	Year 10 amount per week	Year 11 amount per week	Year 12 amount per
	$	$	week
			$
School Leaver	128.00(50%)	159.00(33%)	220.00
	150.00 (33%)	179.00 (25%)
Plus 1 year out of
school	179.00	220.00	256.00
Plus 2 years	220.00	256.00	297.00
Plus 3 years	256.00	297.00	341.00
Plus 4 years	297.00	341.00
Plus 5 years or more	341.00

*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20 per cent.

Table 2- Industry/Skill Level B

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level B:

	Highest Year of Schooling
	Year 10 amount per week	Year 11 amount per week	Year 12 amount per
			week
	$	$	$
School Leaver	128.00 (50%)	159.00 (33%)	210.00
	150.00 (33%)	179.00 (25%)
Plus 1 year out of
school	179.00	210.00	241.00
Plus 2 years	210.00	241.00	282.00
Plus 3 years	241.00	282.00	323.00
Plus 4 years	282.00	323.00
Plus 5 years or	323.00
more

Table 3- Industry/Skill Level C

Where accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level C:

	Highest Year of Schooling
	Year 10 amount per	Year 11 amount per week	Year 12 amount per
	week	$	week
	$		$
School Leaver	128.00 (50%)	159.00(33%)	196.00
	150.00 (33%)	179.00 (25%)
Plus 1 year out of
school
	179.00	196.00	221.00
Plus 2 years	196.00	221.00	247.00
Plus 3 years	221.00	247.00	278.00
Plus 4 years	247.00	278.00
Plus 5 years or more	278.00

B. W. O'NEILL, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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