SECURITY INDUSTRY (STATE) AWARD
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No.
IRC 6082 of 1999)
REVIEWED AWARD
PART A
1. TITLE
This Award shall be known as the Security Industry (State)
Award.
2. ARRANGEMENT
Clause No. Subject
Matter
1. Title
2. Arrangement
3. Previous
Awards Superseded
4. Term
of Operation
5. Outstanding
Matters
6. Definitions
7. Contract
of Employment
8. Wages
9. No
Extra Claims
10. Transitional
Arrangements
11. Mixed
Functions
12. Additional
Rates
13. Payment
of Wages
14. Ordinary
Time Hours of Work
15. Broken
Ordinary Time Shifts
16. Implementation
of 38-Hour Week
17. Paid
Rostered Days Off Duty
18. Rosters
and Transfer of Employees
19. Span
Loadings - Ordinary Time Work
20. Overtime
21. Call
Back
22. Public
Holidays
23. Annual
Leave
24. Long
Service Leave
25. Sick
Leave
26. Family
Leave
27. Compassionate
Leave
28. Parental
Leave
29. Jury
Service
30. Attendance
at Repatriation Centres
31. General
Conditions
32. Enterprise
Arrangements
33. Introduction
of Change
34. Redundancy
35. Disputes
Procedure
36. Anti-Discrimination
37. Appendix
A
38. Appendix
B
39. Appendix
C
40. Appendix
D
41. Appendix
E
42. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay Per 38-Hour Week
Table 2 - Other Rates and Allowances
3. PREVIOUS AWARDS
SUPERSEDED
This Award shall supersede all previous Awards or orders
relating to the employment within its scope of all employees whether or not
members of the Australian Liquor, Hospitality and Miscellaneous Workers Union,
but no right, obligation or liability accrued or incurred under any such
previous Award or order shall be affected hereby.
4. TERM OF OPERATION
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Security Industry (State) Award published 5 June 1992 (269 I.G.
1314) as varied. The award published 5 June 1992 took effect from the beginning
of the first pay period to commence on or after 19 August 1991.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
5. OUTSTANDING MATTERS
It is agreed between the parties to this Award that the
Union may apply to re-open the Award with respect to the following outstanding
matters:
5.1 The
classification level and rate of pay for -
5.1.1 A Security Officer whose predominant task
is providing an escort to another person/s carrying cash or valuables.
5.1.2 A Security Officer whose predominant task is the carrying of cash
or valuables.
5.1.3 Security work at an airport.
5.2 The appropriate allowance where the
employer requires the Security Officer to use their own dog in the course of
their duties.
5.3 The payment,
hours of work and working arrangements for part-time and casual workers.
6. DEFINITIONS
6.1 Classification
Structure
6.1.1 "Security Officer Grade 1" means a person employed in
one or more of the following capacities:
6.1.1.1 to watch, guard or protect persons
and/or premises and/or property;
6.1.1.2 to respond to basic fire/security
alarms at their designated site/post;
6.1.1.3 as an employee
stationed at an entrance and/or exit whose principal duties shall include the
control of movement of persons, vehicles, goods and/or property coming out of or
going into and/or moving within premises or property, including vehicles
carrying goods of any description to ensure that the quantity and description
of such goods in accordance with the requirements of the relevant documents
and/or gate pass and who also may have other duties to perform and shall
include an area or door attendant or commissionaire in a commercial building;
6.1.1.4 to carry out crowd control duties,
provided that, a Security Officer Grade
1 may use electronic equipment such as hand held scanners or simple closed
circuit television systems and may be required to utilise basic keyboard skills
in the performance of their duties and may also provide escort for a person or
persons carrying cash provided it is
incidental to other Grade 1 duties, and may perform incidental duties which
need not be of a security nature.
6.1.2 "Security Officer Grade 2" means either:
6.1.2.1 An employee who is
performing the duties of securing, watching, guarding and/or protecting, or
cash collection and/or delivering as part of their duties, as directed,
including responses to alarm signals and attendances and at minor non-technical
servicing of automatic teller machines, and is required to patrol in a vehicle
two or more separate establishments or sites; or
6.1.2.2 an employee who
monitors and acts upon electronic intrusion detection or access control
equipment terminating in a visual display unit or computerised print out and
may be required to perform the duties of a Security Officer Grade 1; or
6.1.2.3 an employee who is
required to monitor and act upon walk through electro-magnetic detectors;
and/or monitor, interpret and act upon screen images using X-ray imaging
equipment; or
6.1.2.4 an employee required
by the employer to control a dog used to assist the Security Officer to carry
out the duties of watching, guarding or protecting persons and/or premises
and/or property.
6.1.3 "Security Officer Grade 3" means
a person who in addition to performing the duties defined in Clause 6.1.2.2),
monitors and acts upon intelligent building management systems terminating at a
visual display unit or computerised print-out that has the capacity for and
requires data input from the security officer.
6.1.4 "Security Officer Grade 4" means
a person employed substantially in a security and/or data input and/or a
monitoring function within a central station and principally occupied in one or
more of the following duties: Monitoring, recording, inputting information or
reacting to signals and instruments related to electronic surveillance of any
kind; co-ordinating, checking or recording the activities of Security Officers
Grade 1, 2 or 3; operating or monitoring any medium of verbal communication.
6.1.5 "Security Officer Grade 5" means
a person who, whilst in charge of a shift of one or more Security Officers
Grade 4, which may include leading hands, carries out co-ordinating duties in
addition to the normal duties of such a Grade 4 Security Officer. A person in
receipt of the rate applying to this classification shall not be entitled to a
leading hand allowance as provided in this Award.
6.2 EMPLOYEE
STATUS
6.2.1 "Relieving Security Officer"
means a permanent employee who is engaged primarily for the purpose of
relieving at short notice any other rostered security officer of the employer
and for whom a display of roster is not required and for whom only 24 hours
notice of change of shift shall be given where practicable.
6.2.2 "Seven-day Shift Worker" means an
employee who is regularly rostered by their employer to work ordinary hours on
Saturdays and/or Sundays.
6.2.3 "Five-day Shift Worker" means a
person engaged to work shifts of ordinary time hours between 2200 Sunday and
2400 Friday, inclusive. Such employee may only be requested to work public
holidays as provided under clause 22, Public Holidays.
6.2.4 "Permanent Employee" means a
full-time or part-time employee engaged on an ongoing basis and paid by the
week or fortnight, as the case may be.
6.2.5 "Full-time Employee" means a
permanent employee engaged to work an average of 38 hours per week.
6.2.6 "Part-time Employee" means a
permanent employee who is employed to work regularly a minimum of 20 ordinary
hours and less than 38 ordinary hours per week.
6.2.7 "Broken-shift Employee" means a
full-time or part-time employee who is engaged to work ordinary time shifts
which may include an unpaid break period, in accordance with the provisions of
clause 15, Broken Ordinary Time Shifts.
6.2.8 "Casual Employee" means an
employee engaged and paid as such but shall not include an employee working an
average of 38 ordinary hours or more per week.
6.3 TIME PERIODS
6.3.1 One Hour Pay" means 1/38th of the
weekly ordinary time rate provided for the employee's classification under
Table 1 - Rates of Pay Per 38-Hour Week, of Part B.
6.3.2 "Day" means the period from midnight to midnight (0000
to 2400).
6.3.3 "Week" means the period between 0000 on a Monday and
2400 on the following Sunday.
6.3.4 "Weekday" means a 24 hour period
commencing at 0000 and falling between 0000 on Monday and 2400 on Friday.
6.3.5 "Ordinary Time Shift" means the
whole period between the commencement and cessation of a period of ordinary
time work, including any paid crib break/s and, in the case of broken-shift
employees, including the unpaid break between the first part of a broken-shift
and the second part of that broken-shift.
6.3.6 "Day Span" means any part of an ordinary
time shift which is worked during the period between 0600 and 1800 on any
weekday between 0000 on Monday and 2400 on Friday (excluding any hours worked
on a public holiday), irrespective of whether or not the said ordinary time
shift commences before or ends after the specified span period.
6.3.7 "Night Span" means any part of an
ordinary time shift which is worked during the period before 0600 and/or the
period after 1800, on any weekday between 0000 on Monday and 2400 on Friday
(excluding any hours worked on a public holiday), irrespective of whether or
not the said ordinary time shift commences before or ends after the specified
span period.
6.3.8 "Saturday Span" means any part of
an ordinary time shift which is worked during the 24 hour period between 0000
and 2400 on a Saturday, irrespective of whether or not the said ordinary time
shift commences before or ends after the specified span period.
6.3.9 "Sunday Span" means any part of
an ordinary time shift which is worked during the 24 hour period between 0000
and 2400 on a Sunday, irrespective of whether or not the said ordinary time
shift commences before or ends after the specified span period.
6.3.10 "Weekend Span" means any part of an
ordinary time shift which is worked during the 48 hour period between 0000 on
Saturday and 2400 on Sunday, irrespective of whether or not the said ordinary
time shift commences before or ends after the specified span period.
6.3.11 "Public Holiday Span" means any
part of an ordinary time shift which is worked during the 24 hour period
between 0000 at the start of a public holiday and 2400 at the end of that same
public holiday, irrespective of whether or not the said ordinary time shift
commences before or ends after the specified span period.
6.3.12 Permanent Night Work" means any work
performed during a night span (as defined) over the whole period of a roster
cycle in which more than two thirds of the employees total ordinary shifts
include ordinary hours between 0000 and 0600, on any day of the week, provided
further that in the case of a Relieving Officer (as defined) the roster cycle
for the purposes of this subclause shall be deemed to be a complete pay period.
6.4 OTHER
DEFINITIONS
6.4.1 "Union" means the Australian Liquor, Hospitality and
Miscellaneous Workers Union.
6.4.2 "Mixed Enterprise" means an
employer's enterprise carried on for the principal purpose of the production
treatment, distribution, or provision of articles, goods, merchandise,
materials and services, and which enterprise employs categories of labour
provided for by this Award as an incidental or ancillary function of their
business or enterprise.
7. CONTRACT OF EMPLOYMENT
7.1 ENGAGEMENT
7.1.1 Employee Status: Employees under this Award
shall be engaged as either permanent (full-time or part-time) or casual
employees.
7.1.2 Probationary Period
7.1.2.1 Employees engaged as
permanent employees without any previous service with the employer may be
engaged for a probationary period of up to three months. During the first four
weeks of employment such employees may be terminated with one hour's notice.
Provided that the employer and employee may agree in writing to reduce or
exclude altogether the probationary period.
7.1.2.2 Casual employees who
are subsequently engaged as permanent employees may be terminated with one
hour's notice during the first two weeks of such permanent employment only.
7.2 TERMINATION
OF EMPLOYMENT
7.2.1 Full-time and part-time permanent employees - Termination by the
Employer:
7.2.1.1 An employee may be
summarily dismissed for serious misconduct, being conduct by the employee of
such a nature as would constitute a repudiation by the employee of his or her
contract of employment, including but not limited to: sleeping on duty; being
under the influence of alcohol or taking illegal drugs whilst on duty; leaving
a post unattended without proper authorisation provided the employee has not
been at the post in excess of 14 hours. In such cases the employer shall be
liable for payment up to the time of dismissal only.
7.2.1.2 Except as provided in
paragraphs 7.1.2.1, 7.1.2.2 and 7.2.1.1, and/or except to the extent that more
beneficial provisions apply under clause 34, Redundancy, an employer will give
the following notice of termination to permanent employees:
Period of Continuous Service Period of Notice
Less than 1 year 1
week
1 year but less than 3 years 2 weeks
3 years but less than 5 years 3 weeks
5 years and over 4
weeks
Provided that where an employee
has had greater than two years' continuous service with the employer and is
over 45 years of age an additional one week's notice will be provided.
7.2.1.3 Payment may be made in lieu of all
or part of the notice prescribed in paragraph 7.2.1.2. above.
7.2.2 Termination of Employment by a Permanent
Employee: Where a permanent employee terminates his/her employment at his/her
own discretion, the employee is required to provide the employer with one
week's notice of termination and such notice will be confirmed in writing at
the earliest opportunity. Where notice is not given one week's pay may be
forfeited.
7.2.3 Casual Employees: The employment of a
casual employee may be terminated by one hour's notice on either side.
7.2.4 Certificate of Service: On the termination
of employment the employer shall, at the request of the employee, give such
employee a statement signed by the employer stating the period of employment,
the class of work employed upon, and when the employment terminated.
7.2.5 Return of Equipment: On the termination of
employment, an employee shall return to the employer all uniforms, identity
cards, vehicles, firearms, keys and all other items issued to employees. Where
an employee fails to return any uniform, protective clothing or other items
issued, the employer may deduct the monetary value of such uniform, clothing or
other items from the employee's termination pay. Such deduction shall only
occur where prior authorisation in writing has been given by the said employee.
Where the employer so requests an employee shall sign such written authority
upon engagement. Existing employees may be required to sign such an authority
upon receipt of the next issue of uniform/clothing or other items.
7.3 OTHER CONTRACT
OF EMPLOYMENT MATTERS
7.3.1 Use of Available Skills: Employees covered
by this Award shall perform all work within their skill and competence
including work which is incidental or peripheral to their main tasks or
function.
7.3.2 Duty of Care: Employees owe a duty of care
to the employer for all uniforms, protective clothing and equipment supplied to
the employee during the course of duty. If the employee damages or loses the
issue wilfully or negligently the employer may require the employee to reimburse
the employer for such damage or loss.
7.3.3 Pro-rata Payment for Part-time Employees:
An employee engaged on a part-time basis shall be entitled to payments in
respect to all leave and public holidays, on a proportionate basis subject to
the relevant provisions of this Award.
7.3.4 Consultative Mechanism: At each enterprise
there shall be established a consultative mechanism and procedures appropriate
to their size, structure and needs for consultation and negotiation on matters
affecting their efficiency and productivity.
7.3.5 Travelling Expenses: When an employee is
sent to work from an employer's recognised place of business the employer shall
pay all travelling time from such place of business to the job, and if the
employee is required to return the same day to the employer's place of
business, the employer shall pay travelling time to the place of business. An
employee sent for duty to a place other than the regular place of duty or
required by the employer to attend a court of inquiry in connection with
employment shall be paid reasonable authorised expenses.
7.3.6 Uniforms: Where an employer requires a
uniform or part of a uniform to be worn by an employee then such uniform or
part thereof shall be supplied by the employer at no cost to the employee.
Employees will be required to provide their own black shoes.
7.3.7 Licensing: All employees engaged under this
Award are requested to hold a relevant licence in accordance with the Security Industry Protection Act 1997
(the Act). The rates of pay contained
in Part B, Table 1 of this Award are inclusive of skills acquired in accordance
with the provisions of the Act.
8. WAGES
8.1 PERMANENT EMPLOYEES: The minimum rate of
pay for each classification shall be as set out in Table 1 - Rates of Pay Per
38-Hour Week, of Part B.
8.2 CASUAL
EMPLOYEES:
8.2.1 A casual employee for working ordinary time
shall be paid 1/38th of the Award wage prescribed by this Award for the class
of work performed plus 15 per cent (calculated to the nearest whole cent).
8.2.2 In addition to the ordinary hourly rate
prescribed at paragraph 8.2.1 herein, span penalties and overtime penalties
shall be paid where appropriate.
8.2.3 In addition to the ordinary hourly rate prescribed in paragraph
8.2.1 herein a casual employee shall be entitled to 1/12th of the ordinary
hourly rate as entitlement to pro-rata annual leave and shall be paid such an
amount at the same time as prescribed for the payment of wages in clause 13,
Payment of Wages, provided that time shall be no later than on a weekly or
fortnightly basis (dependent upon the employers pay period).
8.3.1 A part-time employee for working ordinary
time shall be paid per hour 1/38th of the weekly rate prescribed by subclause
8.1 of this clause for the classification in which the employee is engaged
(calculated to the nearest whole cent), together with such span penalties
and/or overtime penalties as may be applicable to the work performed.
9. NO EXTRA CLAIMS
It is a term of this Award that the Union undertakes not to
pursue any extra claims in the Award, except when consistent with test case
decisions of the Industrial Relations Commission of New South Wales.
10. TRANSITIONAL ARRANGEMENTS
10.1 No permanent
employee employed as at 27 August 1990 shall suffer a reduction in his or her
current entitlement to sick leave (i.e. a maximum of 90 hours per year) as a
result of the introduction of this Award.
10.2 No existing
permanent employee employed as at 18 September 1998 shall be required to work
broken shifts without the agreement of the employee concerned.
11. MIXED FUNCTIONS
An employee engaged for at least two hours on any 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; provided
that where an employee is engaged for less than two hours on any one day or
shift the employee shall be paid the higher rate for the time so worked. Any employee
who is required to perform work temporarily for which a lower rate is paid,
shall not suffer any reduction in wages whilst so employed; provided that any
work of less than one week's duration shall be deemed to be temporary.
12. ADDITIONAL RATES
12.1 Leading Hands: Employees placed in charge
of other employees shall be paid, in addition to their ordinary wages, the
rates as set in Items 1 to 5 of Table 2 - Other Rates and Allowances, of Part
B, plus an additional amount per week as set in Item 6 of Table 2 for each
employee exceeding 20. Provided that where the employee concerned is a casual
employee then such employee shall be paid an additional amount for each shift
worked equal to 1/5th of the amount as set out in Items 1 to 6 of Table 2.
12.2 Relieving Officers: Notwithstanding any
other provision of this Award, where a permanent employee and an employer are
in agreement, the employee may be appointed a Relieving Officer by the employer
and shall be paid an additional amount per week as set in Item 7 of Table 2 for
each week of employment. The said amount shall not be in substitution for any
span, weekend or public holiday penalties nor in substitution for any overtime
payment.
12.3 FIRST aid allowance: An employee who is
required to hold an industrial qualification as a first-aid attendant and who
is appointed by the employer to carry out the duties of a first-aid attendant
shall be paid an additional amount per week as set out in Item 8 of Table 2.
Provided that where the employee
concerned is a casual employee then such employee shall be paid an additional
amount for each shift worked equal to 1/5th of the amount as set out in Item 8
of Table 2.
12.4 Gun Allowance: Where an employee is
required by the employer to carry a firearm such employee shall be paid an
additional amount per shift as set out in Item 9 of Table 2.
12.5 Locomotion: Where an employee is required
by the employer to use a motor cycle or other motor vehicle it shall be
provided and shall be maintained by the employer or if supplied by the employee
then such employee shall be reimbursed for each shift worked an amount as set
out in Item 10 of Table 2 plus the cost of fuel used on the employer's
business. An employee providing a bicycle for use in the employer's business
shall be paid for each shift worked an amount as set out in Item 11 of Table 2.
12.6 Meal Allowance: An employee required to
work in excess of one hour after completion of the employee's ordinary shift
without being notified before the completion of the previous day or shift shall
be paid a meal allowance as set out in Item 12 of Table 2. A further meal
allowance as set out in Item 12 of Table 2 shall be paid on the completion of
each additional four hours' overtime worked.
12.7 Fares Allowance: Where an employee is
required by the employer to work a broken shift (as defined) then the employee
shall be paid an additional amount for each such broken shift worked as set out
in Item 13 of Table 2.
12.8 Overnight Expenses: Where a Security
Officer is required, in the course of his/her work, to hen such wages become
due and shall not be later than Thursday in the week. An employer may pay in
cash or by cheque or electronic funds transfer; provided that payment other
than in cash shall not remove the obligation to pay as prescribed by this
clause.
13. PAYMENT OF WAGES
13.1 PAY PERIOD: The employer shall pay wages and other moneys to employees either
weekly or fortnightly, depending on the employer's pay period and the time of
payment shall not be more than 72 hours from the time when such wages become
due and shall not be later than Thursday in the week. An employer may pay in
cash or by cheque or electronic funds transfer; provided that payment other
than in cash shall not remove the obligation to pay as prescribed by this
clause.
13.2 Pay Day: The employer shall specify the
day upon which wages shall be paid, in accordance with subclause 13.1 above,
and any employee who is not paid on such day shall be paid overtime rates for
all time subsequently worked until payment is made. Provided further that where
an employee is normally paid on the job or at the work side and such employee
is rostered off duty on a day which coincides with pay day then such employee
shall be paid no later than the working day immediately following pay day.
13.3 Payment of Casual Employees: An employer
may pay wages to casual employees at the time and place specified for permanent
employees, that is on a weekly or fortnightly basis depending on the employer's
pay period.
13.4 Errors in Payment: Should a pay be
miscalculated or incorrectly shown on a pay slip, the right to claim waiting
time shall be waived provided that the employee has been paid the ordinary base
rate of pay and provided further that such underpayment or error is corrected
within 48 hours of notification by the employee to the pay office of the
employer concerned. Where such underpayment or error is not corrected within 48
hours then waiting time as provided by subclause 13.2 shall apply. For the
purpose of this subclause, "forth-eight hours" shall mean hours which
fall Monday to Friday inclusive.
13.5 Averaging of Hours Worked Across Roster
Cycles: An employee who works normal hours according to a roster under which
the number of hours worked in any particular pay period during the roster cycle
are more or less than the average number of hours worked during all pay periods
covered by the roster shall be paid according to a weekly average of ordinary
hours worked over the whole period of the roster cycle.
13.6 Payment for Hours Actually Worked: In lieu
of the averaging system prescribed in this subclause an employer may, with the
consent of the employee concerned, elect to pay that employee for the actual
time worked in each pay period; provided further that an employee once having
given consent to payment for hours worked cannot thereafter withdraw that
consent.
13.7 Time and
Wages Records:
13.7.1 Each employer shall keep a record or system
from which can be readily ascertained the name and occupation of each employee,
the hours worked each day (including the commencing and finishing time of each
shift worked), and the wages and entitlements paid each pay period.
13.7.2 The time occupied by an employee in filling
in any time record or cards or in the making of records shall be treated as
time of duty, but this does not apply to checking in or out when entering or
leaving the employer's premises.
13.7.3 The time and wages record shall be open for
inspection to a duly accredited union official in accordance with section 298
of the Industrial Relations Act 1996,
during the usual office hours at the employer's office. Provided that an
inspection shall not be demanded unless a branch official suspects that a
breach of this Award has been committed. Provided also that only one demand for
such inspection shall be made in one fortnight at the same establishment.
13.7.4 The official making such inspection shall be
entitled to take a copy of entries in a time and wages record relating to a
suspended breach of this Award.
14. ORDINARY TIME HOURS OF WORK
14.1 ROSTER CYCLES: Subject to clause 16,
Implementation of 38-Hour Week, 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 basis’:
14.1.1 76 hours within a roster cycle not
exceeding 14 consecutive days;
14.1.2 114 hours within a roster cycle not
exceeding 21 consecutive days;
14.1.3 152 hours within a roster cycle not
exceeding 28 consecutive days;
14.1.4 304 hours within a roster cycle not
exceeding 56 consecutive days.
The ordinary hours prescribed by
this subclause shall be worked in shifts of no more than ten consecutive hours
with not more than one shift in any period of 24 hours. Provided further that a
new employee (other than a casual employee) on engagement may work up to three
shifts as part of an initial training period. Such shifts shall be paid for at
the appropriate rate of pay prescribed by this Award but shall not form part of
the normal roster cycle provided for in this subclause. The normal roster cycle
shall commence on the fourth shift.
14.2 Shift Duration: Except as provided under
subclause 14.7, ordinary time shifts shall be limited in duration to:
14.2.1 for casual employees - a minimum of 4 hours and a maximum of 8
hours;
14.2.2 for part-time employees - a minimum of 3 hours and a maximum of 10
hours;
14.2.3 for full-time employees - a minimum of 8 hours and a maximum of 10
hours.
14.3 Break Between Sequential Shifts: Each
ordinary time shift shall be separated from any subsequent ordinary time shift
by a minimum break of not less than 8 hours nor less than the duration of the
ordinary time work performed during the shift which immediately preceded the
break.
14.4 Long Break Between Shifts: An employee
shall be entitled to have no less than 4 separate breaks of not less than 48
continuous hours off work in each 28 day roster cycle, or 3 separate breaks of
not less than 72 continuous hours off work in each 28 day roster cycle, or 3 separate
breaks of not less than 48 continuous hours off work in each 21 day roster
cycle and shall:
14.4.1 not work more than 6 ordinary time shifts, and or
14.4.2 not more than a total of 48 hours of ordinary time between such
breaks.
14.5 Shift Start/end Times: Except in the case
of a broken shift, shifts of work shall be continuous and an employee's
commencing and ceasing times of ordinary hours of work shall operate at the
actual job or work station, provided that where:
14.5.1 an employee is required to collect (prior to
proceeding to the work site) or return (after completion of duty) company
equipment (such as a gun, keys, car etc.) from a location other than the actual
work site or sites, and
14.5.2 the collection and/or return of such
equipment adds more than 15 minutes to the time which would otherwise be
required for the employee to travel between the employee's normal work site or
location and the employee's residence, then the commencing and ceasing times of
ordinary work shall operate from such point of collection and such point of
return respectively.
14.6 Crib Breaks: A paid crib break (or breaks)
shall be allowed on shifts of more than 4 hours. A crib time of not less than
20 minutes on an 8 hour shift and not less than 30 minutes on a 12 hour shift
shall be provided. The time shall be allowed not earlier than four hours nor
later than five hours after the time of commencement of each shift where it is
reasonably practicable to do so. Time allowed as crib time shall be regarded as
time worked and shall be paid for as such.
14.7 Enterprise
Arrangements - Ordinary Hours of Work:
14.7.1 Coverage of Hours Arrangements:
Notwithstanding any other provision of this Award, by arrangement between an
employer and the Union, ordinary working hours exceeding 10 but not exceeding
12 on any day may be worked:
14.7.1.1 by the employees employed at a
specified site or sites, with the written agreement of all affected employees,
or
14.7.1.2 by the employees of a specified
employer/company, with the agreement by secret ballot of a majority of the
employees of that employer/company.
14.7.2 Conditions which hours
arrangements are subject to: Arrangements made pursuant to paragraph 14.7 of
this subclause shall be subject to:
14.7.2.1 proper health monitoring procedures
being introduced;
14.7.2.2 suitable roster arrangements being
made; and
14.7.2.3 proper supervision being provided.
14.7.3 Duration of hours arrangements: Arrangements
made pursuant to paragraph 14.7.1 of this subclause shall continue in force
unless rescinded by either party to the arrangement by the giving of seven days
notice; provided that the arrangements may be varied at any time by the consent
of the parties.
14.7.4 Documentation of hours
arrangements: Arrangements made pursuant to paragraph 14.7.1 of this subclause
shall be committed to writing in the form set out:
14.7.4.1 in the case of specific site/s
arrangements pursuant to subparagraph 14.7.1.1, in the form set out in Appendix
A to this Award, or
14.7.4.2 in the case of specific
employer/company arrangements pursuant to subparagraph 14.7.1.2, in the form
set out in Appendix D to this Award.
15. BROKEN ORDINARY TIME
SHIFTS
Full-time and part-time employees who are engaged by an
employer following the introduction of this Award may be required to work
ordinary time shifts which include an unpaid break period, provided that:
15.1 the second
part of the broken shift ends no more than 14 hours after the start of the
first part, and
15.2 the break is
not less than 4 hours nor more than 6 hours, and
15.3 the employee
is paid a Fares Allowance as provided for under clause 12, Additional Rates,
and
15.4 the total period of paid time worked
during a broken shift is not less than 4 hours nor more than 8 hours, and
15.5 the whole period of any broken time shift
(the first part plus the unpaid break plus the second part) is counted as a
single shift for the purposes of the roster cycles and required breaks
prescribed under clause 14, Ordinary Time Hours of Work, and for the purposes
of clause 18, Rosters & Transfer of Employees.
16. IMPLEMENTATION OF
38-HOUR WEEK
16.1 Subject to the provisions of subclauses 13.5
and 13.6 of clause 13, Payment of Wages, the method of implementation of the
38-hour week shall be any one of the following:
16.1.1 19 Day Month: Employees shall be
paid 7.6 hours pay for each eight hour ordinary time shift worked and the
remaining 0.4 hours pay shall be accumulated so as to allow one complete shift
to be taken off as a paid rostered day off during each cycle of 28 consecutive
days, provided that:
16.1.1.1 such paid rostered days off may be
accumulated so as to allow up to five consecutive days to be taken off in each
consecutive period of up to 20 weeks or such accumulation may be extended up to
a maximum of ten consecutive days.
16.1.1.2 an employee shall be entitled to no
more than 12 such paid rostered days off in any 12 months of consecutive
employment.
16.1.1.3 the option of implementing either a
19-day month or accrual of up to five days in 20 weeks or accrual to a maximum
of ten days shall be at the employer's discretion.
16.1.2 Where there is agreement in
writing between the employer, the employee and the Union, an employee may be
rostered off for a paid period of four hours (a half-day) on one day as part of
a roster cycle of 76 hours of work in 14 consecutive days. Such hours to be
paid hours accumulated in accordance with subclause 16.1.1. An employee shall
be entitled to no more than 24 such paid half days in any 12 months of
consecutive employment.
16.1.3 Where there is agreement in
writing between the employer, the employee and the Union, an employee may work
a roster cycle of 114 hours in 21 consecutive days (which shall include one
only shift of ten ordinary hours duration) so as to allow one complete shift to
be taken off as a paid rostered day off during each such roster cycle, the
payment for which has been accumulated in accordance with subclause 16.1.1. An
employee shall be entitled to no more than 17 such paid rostered day off in any
12 months of consecutive employment.
16.1.4 In lieu of the provisions of
paragraphs 16.1.1 to 16.1.3, ordinary hours of work may be worked according to
the provisions of subclause 14.7, Enter prise Arrangements of clause 14,
Ordinary Time Hours of Work.
16.2 Accrual On Leave: Each day or shift of
paid leave taken (including paid rostered days off but excluding annual leave
and long service leave) during any roster cycle shall be regarded as a day or
shift worked for accrual purposes.
16.3 Pay Out on Termination: Notwithstanding
any other provision of this clause, on termination of employment an employee
shall be paid the value of any credits accrued from each day or shift worked in
the roster cycle towards the taking of paid rostered days off duty and such
payment shall be at the rate of pay applicable on termination of employment.
17. PAID ROSTERED DAYS OFF
DUTY
17.1 Rostering of Paid
RDO’s
17.1.1 Where possible, paid rostered
days off shall be scheduled by mutual agreement between employees and the
employer. Paid rostered days off may be accumulated up to a maximum of ten days
and be scheduled to suit the needs of the employer's business. The dates for
taking such accumulated paid rostered days off shall be notified to an employee
at least four weeks in advance of the days to be taken.
17.1.2 Except as provided by paragraph
17.1.3 of this subclause, an employee shall be advised by the employer at least
four weeks in advance of the weekday which is to be the paid rostered day off
duty.
17.1.3 The employer with the agreement
of the majority of employees concerned may substitute the day an employee is to
be rostered off duty (as paid rostered day off) for another day in the case of
an emergency or to meet the requirement of a particular establishment.
17.1.4 An individual employee with the
agreement of the employer, may substitute the day such employee is rostered off
duty (as a paid rostered day off) for another day.
17.2 Paid Rostered Day Off Falling on a Public
Holiday: In the event of an employee's paid rostered day off falling on a
public holiday, the employee and the employer shall agree to an alternative day
off duty as a substitute. Provided that in the absence of agreement the
employer shall determine the substituted day.
17.3 Work on Paid Rostered Day Off Duty:
Subject to subclause 17.1 of this clause, any employee required to work on
their paid rostered day off shall be paid in accordance with the provision of
clause 20, Overtime, only where it is not possible to substitute another day
for the rostered day off so worked.
17.4 Sick Leave and Paid Rostered Days Off:
Employees are not eligible for sick leave in respect of absences on paid
rostered days off as such absences are outside their ordinary hours of duty.
17.5 Annual leave and Paid Rostered Days Off:
There is no entitlement to a paid rostered day off during a period of annual
leave as such days do not count as time worked for accrual purposes.
18. ROSTERS AND TRANSFER OF
EMPLOYEES
18.1 Notice: Employees (other than relieving
officers and casual employees) shall work their normal hours of work in
accordance with a roster for which advance notice has been given. Provided
further that a relieving officer or casual employee may also, at the employer's
discretion, work their normal hours of work in accordance with a roster for
which advance notice has been given.
18.2 Display: An employer shall, by legible
notice displayed at some place accessible to the employees, notify employees
who work their normal hours in accordance with a roster, of the commencing and
ceasing times of their rostered hours of work. Such times, once notified, shall
not be changed, without the payment of overtime, or by seven days' notice given
in accordance with this subclause, provided that by agreement between the
employer and the employee (notified in writing to the Union), less than seven
days' notice may be substituted in lieu thereof.
18.3 Transfer of
an Employee in Response to a Client Demand:
18.3.1 Where the employer transfers an
employee in response to the clients demand and that transfer results in a loss
of income for the employee, the employee shall have their income at the site
from which the employee was transferred maintained for the period remaining in
the roster cycle.
19. SPAN LOADINGS - ORDINARY
TIME WORK
19.1 The following additional loadings shall be
applied to the appropriate ordinary time rate in regard to any portion of an
ordinary time shift which falls within the spans as defined under clause 6,
Definitions, whether or not the ordinary time shift starts before and/or ends
after the defined span, providing that such loading shall only apply to that
part of the shift which is within the defined span, and shall not apply to the
part of the shift (if any) which falls outside the defined span.
19.2 The loadings
to be applied shall be:
Span Loading
19.2.1 Night Span (Normal) 21.7%
19.2.2 Night Span (Permanent Night Work) 30.0%
19.2.3 Saturday Span 50.0%
19.2.4 Sunday Span 100.0%
19.2.5 Public Holiday Span 150.0%
19.3 Span loadings
shall be paid for as worked. For example:
19.3.1 if an employee commences work at
1800 on Sunday and works through to 0600 on Monday then that employee would be
entitled to the Sunday Span loading (100.0%) for the first 6 hours of the shift
and the appropriate Night Span loading (either 21.7% or 30.0%) for the
remaining 6 hours.
19.3.2 if an employee commences work at
1700 on Monday and works through to 0100 on Tuesday then that employee would be
entitled to the appropriate Night Span loading (either 21.7% or 30.0%) for the
7 hours from 1800 to 0100, but would not be entitled to any loading for the
first hour worked.
19.4 The loadings prescribed under this clause
shall apply in respect of ordinary hours of work only and shall apply to all
employees including casual employees.
20. OVERTIME
20.1 Loading for Overtime: Subject to the
provisions of subclause 20.2 employees who are required to work overtime in
addition to their ordinary time hours of work (as defined) shall, in addition
to the ordinary time rate provided for the employee's classification under
Table 1 - Rates of Pay Per 38-Hour Week, of Part B, be paid a loading equal to:
20.1.1 for overtime work performed
during a weekday (as defined) or Saturday span (as defined), but excluding
overtime work performed during a Public Holiday span (as defined), 50% of the
said ordinary time rate for the first two hours of overtime worked and 100%
thereafter;
20.1.2 for all overtime work performed
during a Sunday span (as defined), 100% of the said ordinary time rate;
20.1.3 for all overtime work performed
during a Public Holiday span (as defined), 150% of the said ordinary time rate.
20.2 Appendix C Agreements - Voluntary
Overtime: In lieu of the loading provided under subclause 20.1, an employee may
elect to work additional hours under an Appendix C agreement. Any such
agreement shall be committed to writing in the form set out in this Award. Such
agreement shall have the written consent of the employer and the employee. For
all work performed under an Appendix C agreement the employee concerned shall
be paid for at the rate of 150% of the rate of pay applicable for ordinary time
worked on that day between the hours of 0600-1800. Provided further that under
any such agreement no employee shall work more than a total of 14 hours in any
one day, including both overtime and ordinary time.
20.3 Calculation of Overtime Payments: In
computing overtime payments each day's work shall stand alone. The hourly rate
when computing overtime shall be determined by dividing the appropriate weekly
rate by 38, even in cases where an employee works more or less than 38 ordinary
hours in a week.
20.4 Minimum Break: An employee who works so
much overtime between the termination of ordinary work on one day and the
commencement of ordinary work on the next day that such employee has not had at
least eight hours off duty between those times, shall, subject to this
subclause, be released after completion of such overtime until the employee has
had such period off duty without loss of pay for ordinary working time
occurring during such absence. If on the instructions of the employer such an
employee resumes or continues work without having had such period off duty the
employee shall be paid at double ordinary time until released from duty for
such period and such employee shall then be entitled to be absent until the
employee has had such period off duty without loss of pay for ordinary working
time occurring during such absence.
20.5 Non-Attendance of Other Employees: Where
an employee does not attend for rostered duty with the required notice the
employee on shift shall agree to work up to four hours' overtime to allow the
employer to arrange for suitable relief subject to a maximum of 14 hours total
time worked in any one shift.
21. CALL BACK
21.1 An employee required to attend the
employer's premises and/or the premises of a client or clients of an employer
for any reason after leaving the place of employment (whether notified before
or after leaving the place of employment) shall be paid a minimum number of
hours as specified below:
21.1.1 where such attendance is require
at the employer's premises for the purposes of a disciplinary and/or
counselling interview and/or administrative procedures such as completing or attending
to Workers' Compensation Forms, Accident Reports, or Break/Entry Reports, the
employee shall be paid a minimum payment of two hours at the appropriate rate
for each such attendance;
21.1.2 except as provided in subclause
21.1.1, where such attendance is required at the employer's premises on a
Monday through Saturday, the employee shall be paid a minimum payment of three
hours at the appropriate rate for each such attendance;
21.1.3 where any such attendance is
required at the employer's premises on a Sunday the employee shall be paid a
minimum payment of four hours at the appropriate rate for each such attendance.
21.2 This clause shall not apply where a period
of duty is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
22. PUBLIC HOLIDAYS
22.1 Specified Public Holidays: The days on
which the following holidays are observed shall be observed as public holidays
under this Award, namely, New Year' Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day
and Boxing Day and any day which may hereafter be proclaimed a public holiday
throughout the State and the picnic day of the Union which shall be held on the
first Monday in August or such other day as shall be determined annually by the
Union and appropriate Industrial Unions of Employers. Provided that where a day, other than the first Monday in
August each year, (or such other day as is determined) is observed either as a picnic
day or as an additional day by the general body of employees in any
establishment then such day may be substituted for the picnic day of the Union
as a holiday for any employees in that
establishment entitled to such a picnic day or additional day as a
holiday under this Award.
22.2 permanent employees - entitlement to
public holidays: Permanent employees shall be entitled to the above holidays
without loss of pay, provided that a five-day shift worker (as defined) shall
only be entitled to such holidays that occur on Monday to Friday inclusive;
provided further that an employer shall not alter an employee's roster for the
specific purpose of avoiding the entitlement which is provided under this
subclause.
22.3 Holidays Falling on a Day on Which a
Seven-Day Shift Worker is Not Rostered to Work: Where a holiday occurs on the
rostered day off of a seven-day shift worker (as defined), other than a
rostered day given pursuant to the provisions of clause 16, Implementation of
38-Hour Week and clause 17, Paid Rostered Days Off Duty, then if such employee
is not required to work on that day the employer shall pay such employee eight
hours' ordinary pay in respect of such day; provided further that the employer
may, in lieu of the payment of eight hours' ordinary pay prescribed in this
subclause, add a day to the annual leave entitlement of the employee concerned.
Any day or days added to an employee's entitlement to annual leave in
accordance with this subclause shall be the working day or working days immediately
following the annual leave period to which the employee is entitled to under
clause 23, Annual Leave. Where the employment of a seven-day shift worker has
been terminated and such employee thereby becomes entitled under Section 4 of
the Annual Holidays Act 1944 New South Wales, to payment in lieu of an annual
holiday, with respect to a period of employment, the employee shall be entitled
also to an additional payment for each day accrued under this subclause, at the
appropriate ordinary rate of pay, if payment has not already been made in
accordance with the provisions of this subclause.
22.4 Payment Where Employees Required to Work
on a Public Holiday: Permanent and casual employees who are required to work
ordinary time or overtime during 24 hours period between 0000 at the start of a
public holiday and 2400 at the end of that same public holiday (irrespective of
whether or not that work commences before or ends after the specified span
period) shall be paid for all hours worked during the specified span at the
rate of 150% in addition to the ordinary time rate provided for the employee's
classification under Table 1 - Rates of Pay Per 38-Hour Week, of Part B, such
payment to be in lieu of any payment which would have otherwise been required
for those hours under the provisions of subclauses 22.2 or 22.3.
22.5 Unauthorised Absence Before or After a
Public Holiday: Where an employee is absent from his or her employment on the
working day before or the working day after a public holiday without reasonable
excuse or without the consent of the employer, the employee shall not be
entitled to the payment for such holiday as is provided under subclause 22.2 of
this clause.
23. ANNUAL LEAVE
23.1 All employees shall be entitled to annual
leave in accordance with the Annual
Holidays Act 1944 (NSW).
23.2 Additional Leave for Seven Day Shift
Workers: In addition to the benefits provided by section 3 of the Annual Holidays Act 1944 (NSW), with
regard to an annual holiday of four weeks, a seven day shift worker at the end
of each year of employment shall be entitled to the additional leave as
prescribed below:
23.2.1 If during the year of employment
the employee has served continuously as a seven-day shift worker, the
additional leave with respect to that year shall be one week. If during the
year of employment the employee has served only a portion of it as a seven-day
shift worker, the additional leave shall be 3.25 hours for each completed month
of employment as a seven-day shift work: Provided that where the additional
leave is or comprises a fraction of a day such fraction shall not form part of
the leave period and any such fraction shall be discharged by payment only.
23.2.2 Where the employment of a seven-day shift
worker is terminated and there is thereby an entitlement due under section 4 of
the Annual Holiday Act 1944 (NSW), to
payment in lieu of an annual holiday with respect to a period of employment
such employee also shall be entitled to an additional payment of 3.25 hours'
pay for each completed month of service as a seven-day shift worker.
23.3 Payment for Annual Leave: All employees
shall receive payment for annual leave periods calculated at which ever is the
greater of:
23.3.1 the ordinary time rate provided
for the employee's classification under Table 1 - Rates of Pay Per 38-Hour Week
of Part B, together with, where applicable, the leading hand allowance,
relieving officer's allowance and first-aid allowance prescribed by clause 12,
Additional Rates, plus a loading of 17.5% or
23.3.2 the ordinary time rate increased
by any night span and/or permanent night span rates and/or weekend span rates
which would have been payable for ordinary time the employee would have worked
if the employee had not been on annual leave (but not including any public
holiday span rate payable in respect of a public holiday occurring during the
annual leave which is a public holiday on which the employee would have worked
an ordinary shift) together with, where applicable, the leading hand allowance,
relieving officer's allowance and first-aid allowance prescribed by clause 12,
Additional Rates. Provided further that an employee's roster shall not be
altered merely for the purpose of avoiding any benefit available to the
employee under this provision.
23.3.3 Notwithstanding any other
provision in this clause, no loading is payable to an employee who takes an
annual holiday wholly or partly in advance; provided that, if the employment of
such an employee continues until the day when he or she would have become
entitled under the Act to an annual holiday, the loading then becomes payable
in respect of the period of such holiday, and is to be calculated in accordance
with paragraphs 23.3.1 or 23.3.2 of this subclause, applying the Award rates of
wages payable on that day. This provision applies where an annual holiday has
been taken wholly or partly in advance and the entitlement to the holiday
arises after that date.
23.4 Payment in lieu of Annual Leave on
Termination of Employment: Where the employment of a permanent employee is
terminated for any reason by either party and at the time of such termination
the employee has not been given and has not taken the whole of any annual leave
to which the employee has become entitled (employees only become entitled to
annual leave for each completed year of service), then the employee shall be
paid for all such untaken annual leave at the rate provided under subclause
23.3. For an incomplete year of service employees are entitled to a payment of
1/12 of their ordinary earnings for that incomplete year of service, in lieu of
annual leave.
23.5 Annual Leave Loading is incorporated into
the provisions of subclause 23.3 and 24.4, and no additional amount is payable
in respect of Annual Leave Loading.
24. LONG SERVICE LEAVE
Employees employed under the provisions of this Award shall
be entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955 (NSW).
25. SICK LEAVE
25.1 Paid Sick Leave: An employee who is unable
to attend for duty during ordinary working hours by reason of personal illness
or incapacity not due to the employee's
own serious and wilful misconduct,
shall be entitled to be paid at the ordinary time rate provided for the
employee's classification under Table 1 - Rates of Pay Per 38-Hour Week, of
Part B, for the time of such non- attendance, subject to the following
conditions and limitations.
25.1.1 The employee shall not be
entitled to paid leave of absence for any periods in respect of which there is
entitlement to payment under the Workers'
Compensation Act 1987 (NSW).
25.1.2 The employee shall, as soon as
possible, and in any event prior to the commencement of shift, inform the employer
of such employee's inability to attend for duty, and as far as possible, state
the nature of the injury or illness and the estimated duration of absence.
25.1.3 Where an employee does not notify
the employer of the employee's inability to attend for duty prior to the
commencement of the shift the employee shall not be entitled to payment for the
first eight hours of such absence, provided however, in cases of accident or
incapacity to notify, to receive payment for the above the employee shall provide
reasonable proof that he/she was unable to attend for duty on account of such
incapacity or illness.
NOTE: An employee's entitlement to
sick leave in accordance with paragraph 25.1.5 shall not be reduced as a
consequence of the operation of this paragraph.
25.1.4 Subject to the provisions of
paragraph 25.1.3 the employee shall furnish to the employer such evidence as
the employer may desire that the employee was unable by reason of such illness
or injury to attend for duty on the day or days for which sick leave is
claimed: Provided that a Statutory Declaration shall be accepted in respect of
any single day absences, but not more than two such declarations in any one
year. Provided further, that where such single day absence occurs before or
after a public holiday or rostered day off a medical certificate shall be
supplied.
25.1.5 Subject to subclause 25.1.3 of
this clause, during the first year of employment an employee shall be entitled
to sick leave on the following basis’:
25.1.5.1 After the first 2 months of continuous
service - 7.6 hours pay
25.1.5.2 4 months completed service - 15.2 hours
pay
25.1.5.3 6 months completed service - 22.8 hours
pay
25.1.5.4 8 months completed service - 30.4 hours
pay
25.1.5.5 10 months completed service - 38 hours
pay
25.1.5.6 During the second and each subsequent
year of service an employee shall be entitled to 76 hours sick leave.
25.2 Cumulative Sick Leave: The rights under
this clause shall accumulate from year to year so that any part of the sick leave
entitlements which has not been allowed in any year may, subject to the
conditions prescribed by this clause, be claimed by the employee and shall be
allowed by the employer in any subsequent year of employment.
25.3 Definitions of Continuous Service: For the
purpose of this clause continuous service shall be deemed not to have been
broken by:
25.3.1 any absence from work on leave granted by
the employer; or
25.3.2 any absence from work by reason
of personal illness, injury or other reasonable cause (proof whereof shall in
each case be upon the employee); provided that time so lost shall not be taken
into account in computing the qualifying period of two months.
Provided that service before the
date of coming into force of this Award shall be taken into account in
computing the qualifying period of two months.
25.4 Attendance at Hospital: Notwithstanding
anything contained in subclause 25.1 of this clause, a permanent employee
suffering injury through an accident arising out of and in the course of such
employee's employment (not being an injury in respect of which there is
entitlement to Workers' Compensation) necessitating attendance during working
hours of a doctor, chemist or trained nurse, or at a hospital, shall not suffer
any deduction from pay for the time (not exceeding four hours) so occupied on
the day of the accident and shall be reimbursed by the employer for all
expenses reasonably incurred in connection with such attendance and expenses
shall include fares.
26. FAMILY LEAVE
26.1 Use of Sick
Leave:
26.1.1 An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph 26.1.3.2, 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 25, Sick Leave, for absences to
provide care and support for such persons when they are ill. Such leave may be
taken for of a single day.
26.1.2 The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
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.
26.1.3 The entitlement to use sick leave
in accordance with this subclause is subject to:
26.1.3.1 the employee being responsible for
the care of the person concerned; and
26.1.3.2 the person concerned being either:
26.1.3.2.1 a spouse of the employee; or
26.1.3.2.2 a de facto spouse, who, in relation to
a person, is a person of the opposite sex to the first mentioned person 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
26.1.3.2.3 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
26.1.3.2.4 a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
26.1.3.2.5 a relative of the employee who is a
member of the same household, where for the purposes of this clause:
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.
26.1.3.3 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.
26.2 Unpaid Leave for Family Purpose: An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person set
out in subparagraph 26.1.3.2.
26.3 Annual Leave:
26.3.1 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 days or part thereof, in any calendar
year at a time or times agreed by the parties.
26.3.2 Access to annual leave, as
prescribed in paragraph 26.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this Award.
26.3.3 An employee and employer may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least 5 consecutive annual leave days are taken.
26.4 Time off in
lieu of Payment for Overtime
26.4.1 An employee may elect, with the
consent of the employer, to take time off in lieu of payment for overtime at a
time or times agreed with the employer within 12 months of the said election.
26.4.2 Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is an hour
for each hour worked.
26.4.3 If having elected to take time as
leave in accordance with 26.4.1, the leave is not taken for whatever reason
payment for time accrued at overtime rates shall be made at the expiry of the
12 month period or on termination.
26.4.4 Where no election is made in
accordance with 26.4.1, the employee shall be paid overtime rates in accordance
with the Award.
26.5 Make-up time:
26.5.1 An employee may elect, with the
consent of their employer, to work "make-up time", under which the
employee takes time off ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in this Award, at the ordinary
rate of pay.
26.5.2 An employee on shift work may
elect, with the consent of the employer, to work "make-up time"
(under which the employee takes time off ordinary hours at a later time), at
the shift work rate which would have been applicable to the hours taken off.
26.6 Rostered Days
Off
26.6.1 An employee may elect, with the
consent of the employer, to take a rostered day off at any time.
26.6.2 An employee may elect, with the
consent of the employer, to take rostered days off in part day amounts.
26.6.3 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 the employee, or subject to reasonable notice by the employee
or the employer.
26.6.4 This subclause is subject to the
employer informing the 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 to participate in negotiations.
27. COMPASSIONATE LEAVE
27.1 An employee, other than a casual employee,
shall be entitled to up to two days bereavement leave without deduction of pay,
up to ad including the day of the funeral, on each occasion of the death of a
person prescribed in subclause 27.3 of this clause. Where the death of a person
prescribed by the said subclause 27.3 occurs outside Australia the employee
shall be entitled to one day bereavement leave, provided that such leave shall
be extended to two days where the employee travels overseas to attend the
funeral.
27.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required by the employer, provide, to the satisfaction of the employer, proof
of death.
27.3 Bereavement leave shall be available to
the employee in respect to a death of a person prescribed for the purposes of
personal/carer’s leave as set out in subparagraph 26.1.3.2 of paragraph 26.1.3
of subclause 26.1 of clause 26, Family Leave, provided that, for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
27.4 An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
27.5 Bereavement leave may be taken in
conjunction with other leave available under subclauses 26.2, 26.3, 26.4, 26.5,
and 26.6 of the said clause 26. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
28. PARENTAL LEAVE
An employee shall be entitled to Parental Leave in
accordance with Part 4 of Chapter 2 of the Industrial
Relations Act 1996.
29. JURY SERVICE
29.1 Entitlement: An employee shall be allowed
leave of absence during any period when required to attend for jury service:
Provided that such leave shall be limited to a maximum of two weeks in any period
of jury service.
29.2 Payment: During such leave of absence, an
employee shall be paid the difference between the jury service fees received
and the normal rate of pay as if working.
29.3 Proof of Attendance: An employee shall be
required to produce to the employer proof of jury service fees received and
proof of requirement to attend and attendance on jury service and shall give
the employer notice of such requirement as soon as practicable after receiving
notification to attend for jury service.
30. ATTENDANCE AT
REPATRIATION CENTRES
Permanent employees who are ex-service personnel shall be
allowed, as time worked, lost time incurred whilst attending Repatriation
Centres for medical examination and/or treatment, provided that -
30.1 such lost time
does not exceed four hours on each occasion and a maximum of 20 hours per
annum;
30.2 the employee produces evidence
satisfactory to the employer that there is a requirement to and subsequent
attendance at a Repatriation Centre.
Provided that the employer shall
be entitled to deduct from such lost time any payments the employee is entitled
to receive for lost time from the Department of Veterans Affairs in respect of
any such attendance.
31. GENERAL CONDITIONS
31.1 Shelter/Accommodation:
31.1.1 On construction work, the
employer shall provide adequate shelter for the employees.
31.1.2 Where practicable, proper shelter
shall be provided to protect an employee from the weather.
31.1.3 Where practicable, employers shall
allow employees to partake of their meals, crib breaks or tea breaks in a
suitable place protected from the weather and every such employee shall be
provided by the employer with adequate facilities for tea making and for
heating food. This provision shall not apply to mobile patrol officers. The
employer shall advise the employee of the accommodation available at a site
prior to the commencement of work at that site.
31.1.4 Where it is necessary or
customary for employees to change their dress or uniform, suitable dressing
rooms or dressing accommodation and individual lockable lockers shall be
provided.
31.2 Means of
Exit: Provision shall be made for an exit for night employees in case of
necessity.
31.3 Supply of
Equipment and Protective Clothing
31.3.1 An employee who is required to
work in wet conditions, shall be supplied with suitable wet weather clothing
including a waterproof coat or cape, waterproof hat, trousers and boots. Such
clothing shall remain the property of the employer.
31.3.2 All equipment necessary for
employees to perform their work, including firearms and ammunition when
required by the employer, shall be supplied by the employer.
31.3.3 An employee shall not carry
firearms unless required to do so by the employer. Where an employee is so
required, they shall be provided and maintained in a reasonable condition by
the employer who also shall pay the gun licence fee.
31.3.4 Where an employee is required by
the employer to carry firearms, initial training in the use of such a firearm
shall be provided, such time to be counted as time worked. Refresher courses
shall be conducted at 12-monthly intervals. Such courses to count as time
worked.
31.3.5 Uniforms, protective clothing and
other equipment supplied in accordance with this subclause shall remain the
property of the employer.
31.4 Attendance at Court: Where it is necessary
for an employee to attend a court on the employer's or employer's client's
behalf in connection with any matter arising out of or in connection with the
employee's duties the time so occupied shall count as time worked.
31.5 Modification of Employee's own Vehicle: An
employee who is required to use their own vehicle in the course of their
employment and such vehicle is at the request of the employer fitted with any
additional equipment or identifying markings, then any time spent by the
employee in the initial installation of equipment in their vehicle shall count
as time worked, provided that such installation shall take place during
ordinary business hours. Any further installation or replacement of equipment
required by the employer to be done shall similarly be allowed as time worked.
Where fitting of equipment or markings is required as a result of an employee
changing vehicles, then such installation shall only be counted as time worked,
if three years' service has elapsed since the initial installation.
32. ENTERPRISE ARRANGEMENTS
32.1 As part of the Structural Efficiency
Exercise and as an ongoing process, the parties agree that discussion should take
place at an enterprise level to provide more flexible working arrangements,
improvement in the quality of working life, enhancement of skills, training and
job satisfaction, and positive assistance in the restructuring process. The
union delegate at the place of work may be involved in such discussions.
32.2 The terms of any genuine arrangement
agreed between an employer and the employee(s) in any establishment shall
substitute for the provisions of this Award to the extent that they are contrary,
provided that:
32.2.1 Employees genuinely agree.
32.2.2 Such arrangement is consistent
with the Principles as laid down in the State Wage Cases.
32.2.3 Such arrangement is processed in
accordance with subclause 32.3 of this clause.
32.2.4 Agreement to an arrangement shall
not be unreasonably withheld, having regard to the productivity and efficiency
of the enterprise and the interests of the employees.
32.3 Enterprise
Arrangements shall be processed as follows:
32.3.1 All employees shall be provided
with the current provisions (e.g., Award or industrial agreement) that apply at
the place of work.
32.3.2 Where agreement to an arrangement
is reached between the employer and an absolute majority of permanent employees
under this Award at an enterprise and/or establishment, or with the employee's
authorised representative(s) at that establishment, then such arrangement shall
be committed to writing in the form set out in Appendix B of this Award.
32.3.3 The arrangement shall be signed
by the employer, or his/her duly authorised representative(s), the employee(s),
or his/her/their authorised representative(s) with whom agreement was reached,
and shall be sent to the Australian Liquor, Hospitality and Miscellaneous
Workers Union, New South Wales Branch, and the employer association, if any, of
which the employer is a member.
32.3.4 The union or employer association
may, within 28 days, notify the employer in writing of any objection to the
arrangement. In such case the employer may make application to the Industrial
Relations Commission of New South Wales to vary the Award to give effect to the
arrangement.
32.3.5 If no party objects to the
arrangement, then a consent application shall be made to the Industrial
Commission of New South Wales to have the arrangement ratified.
32.3.6 Such arrangement when ratified
shall be displayed on a notice board at each establishment or enterprise
affected.
32.3.7 Nothing in this section removes any of the
rights bestowed upon a party to the Award under the Industrial Relations Act 1996.
32.3.8 No existing employee shall suffer
a reduction in earnings as a direct result of any arrangement unless the
arrangement otherwise provides or provides reasonable compensatory benefits.
33. INTRODUCTION OF CHANGE
33.1 Employer's
Duty to Notify:
33.1.1 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 their Union.
33.1.2 Significant effects include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required; the elimination or
diminution of job opportunities, promotion opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs. Provided that where
the Award makes provision for alteration of any of the matters referred to
herein an alteration shall be deemed not to have significant effect.
33.2 Employer's
Duty to Discuss Change:
33.2.1 The employer shall discuss with
the employees affected and their Union, inter alia, the introduction of the
changes referred to in subclause 33.1 hereof, the effects the changes are
likely to have on employees, 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 their Union in relation to the changes.
33.2.2 The discussions shall commence as
early as practicable after a definite decision has been made by the employer to
make the changes referred to in subclause 33.2.1 hereof.
33.2.3 For the purposes of such
discussion, the employer shall provide in writing to the employees concerned
and their Union, 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 be inimical to the employer's interests.
34. REDUNDANCY
34.1 Discussions
before Terminations:
34.1.1 Where an employer has made a
definite decision that the employer no longer wishes the job the employee has
been doing done by anyone and this is not due to the ordinary and customary
turnover of labour and that decision may lead to termination of employment, the
employer shall hold discussions with the employees directly affected and with
their Union.
34.1.2 The discussions shall take place
as soon as is practicable after the employer has made a definite decision which
will invoke the provisions of paragraph 34.1.1 hereof 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
terminations on the employees concerned.
34.1.3 For the purposes of the
discussion the employer shall, as soon as practicable, provide in writing to
the employees concerned and their Union, 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 termination are likely to be
carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would be inimical to the
employer's interests.
34.2 Transfer to Lower Paid Duties: Where an
employee is transferred to Lower paid duties for reasons set out in paragraph 34.1.1,
the employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if his or her 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 lower ordinary time rates for the number of weeks of
notice still owing.
34.3 Severance Pay: In addition to the period
of notice prescribed for ordinary termination in clause 7, Contract of
Employment, and subject to further order of the Commission, an employee whose
employment is terminated for reasons set out in paragraph 34.1.1, shall be
entitled to the following amount of severance pay in respect of a continuous
period of service:
Period of Continuous Service Severance
Pay
1 year or less Nil
Over 1 year and up to the
completion of 2 years 4
weeks' pay
Over 2 years and up to the
completion of 3 years 6
weeks' pay
Over 3 years and up to the
completion of 4 years 7
weeks' pay
Over 4 years 8
weeks' pay
Week's Pay means the ordinary time
rate of pay for the employee concerned.
Provided that severance payments
shall not exceed the amount which the employee would have earned if employment
with the employer had proceeded to the employee's normal retirement date.
34.4 Employee Leaving During Notice: An
employee whose employment is terminated for reasons set out in paragraph 34.1.1
may terminate his or her employment during the period of notice and, if so,
shall be entitle 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.
34.5 Alternative Employment: An employer, in a
particular redundancy case, may make application to the Commission to have the
general severance pay prescription varied if the employer obtains acceptable
alternative employment for an employee.
34.6 Time Off During
Notice Period:
34.6.1 During the period of notice of
termination given by the employer for reasons set out in paragraph 34.1.1 an
employee shall be allowed up to one day's time off without loss of pay during
each week of notice for the purpose of seeking other employment.
34.6.2 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. For this purpose a statutory
declaration will be sufficient.
34.7 Notice to Commonwealth Employment Service:
Where a decision has been made to terminate employees in the circumstances
outlined in paragraph 34.1.1, the employer shall notify the Commonwealth
Employment Service thereof as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
34.8 Superannuation Benefits: Subject to
further order of the Commission where an employee who is terminated receives a
benefit from a superannuation scheme, such employee shall only receive under
subclause 34.3, the difference between the severance pay specified in that
subclause and the amount of the superannuation benefit the employee receives
which is attributable to employer contributions only. If this superannuation
benefit is greater than the amount due under subclause 34.3 then the employee
shall receive no payment under that clause.
34.9 Transmission
of Business:
34.9.1 Where a business is before or
after the date of this Award, transmitted from an employer (in this subclause
called "the transmitter") to another employer (in this 0subclause
called "the transmittee") and an employee who at the time of such
transmission was an employee of the transmitter in that business becomes an employee
of the transmittee:
34.9.1.1 the continuity of the employment of
the employee shall be deemed not to have been broken by reason of such
transmission, and
34.9.1.2 the period of employment which the
employee has had with the transmitter or any prior transmitter shall be deemed
to be service of the employee with the transmittee.
34.9.2 In this subclause
"business" includes trade, process, business or occupation and
includes part of any such business and "transmission" includes
transfer conveyance, assignment or succession whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
34.10 Mechanisation
and Technological Changes:
34.10.1 Notwithstanding any other
provisions of this clause, where on account of the introduction or proposed
introduction by an employer of mechanisation or technological changes in the
industry in which the employer is engaged, the employer terminates the
employment of an employee who has been employed for the preceding 12 months,
such employee shall be given three months' notice of the termination of
employment; provided that, if the employer fails to give such notice in full:
34.10.1.1 the employee shall be paid at the rate
specified for the employee's ordinary classification in clause 8, Wages, for a
period equal to the difference between three months and the period of the
notice given, and
34.10.1.2 the period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purpose of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of those Acts; and provided further
that the right of the employer to summarily dismiss an employee for the reasons
specified in subclause 7.2.1 of clause 7, Contract of Employment, shall not be
prejudiced by the fact that the employee has been given notice pursuant to this
subclause of the termination of the employee's employment.
34.10.2 When an employer gives to an employee
notice of the termination of employment on account of the introduction or
proposed introduction of mechanism or technological changes, within 14 days
thereafter the employer shall give notification in writing to the Industrial
Registrar, the New South Wales Government Director of Vocational Guidance, the
New South Wales Government Director of Technical and Further Education and the
New South Wales Branch Secretary of Australian Liquor, Hospitality and
Miscellaneous Workers Union, of the fact, stating the employee's name, address
and usual occupation and the date when the employment terminated or will
terminate in accordance with the notice given.
34.11 Employees with Less Than One Year's Service:
This clause shall not apply to employees with less than one year's continuous
service and the general obligation on employers should be no more than to give
relevant 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.
34.12 Employees Exempted: This clause shall not
apply where employment is terminated as a consequence of conduct that justified
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 for a period of less
than 12 months.
34.13 Employers Exempted: Subject to an order of
the Commission, in a particular redundancy case, this clause shall not apply to
employers who employ less than 15 employees.
34.14 Incapacity to Pay: An employer, in a
particular redundancy case, may make application to the Commission to have the
general severance pay prescription varied on the basis of the employer's
incapacity to pay.
35. DISPUTES PROCEDURE
Subject to the provisions of the Industrial Relations Act 1996 grievances or disputes shall be dealt
with in the following manner.
35.1 Step 1:
The employee(s) is required to notify (in writing or otherwise) the
employer as to the substance of the grievance, requesting a meeting with the
employer for bilateral discussions and stating the remedy sought. This meeting
shall take place within one working day, where possible, if not within two
working days of the issue arising (weekends and holidays excepted).
35.2 Step 2:
If agreement is not reached then the matter shall be referred by the
employer to a higher authority (where this exists) no later than one working day
after the period stated in subclause 35.1 (weekends and holidays excepted). At
the conclusion of the discussion the employer must provide a response to the
employee's grievance if the matter has not been resolved, including reasons (in
writing or otherwise) for not implementing any proposed remedy.
35.3 Normal
Work: While the foregoing procedure is
being followed normal work shall continue.
35.4 Step 3:
If the matter is still not settled within a reasonable period of time it
may be referred/notified to the Industrial Relations Commission of New South
Wales for settlement by either party.
35.5 Representation: The employer may be represented by an industrial organisation of
employers and the employee(s) is(are) entitled to be represented by the Australian
Liquor, Hospitality and Miscellaneous Workers Union, an industrial organisation
of employees, for the purposes of each step of the procedure.
36. ANTI DISCRIMINATION
36.1 It is the intention of the parties bound by
this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
36.2 It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation f the provisions of this Award are not directly or indirectly
discriminatory in their effects.
36.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
36.4 Nothing in
this clause is taken to affect:
36.4.1 any conduct or act which is
specifically exempted from anti-discrimination legislation:
36.4.2 offering or providing junior
rates of pay to persons under the age of 21 years:
36.4.3 any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
36.4.4 a party to this Award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
36.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
37. APPENDIX A - ORDINARY
TIME HOURS OF WORK - SPECIFIED SITE OR SITES
37.1 This document, which records an agreement
reached pursuant to paragraph 14.7.1.1 of clause 14, Ordinary Time Hours of
Work, of the Security Industry (State) Award, shall be signed by all affected
employees within one (1) month of the arrangement being implemented, and a copy
forwarded to the Union Office.
37.2..... The following arrangement is made
pursuant to paragraph 14.7.1.1 of clause 14, Ordinary Time Hours of Work, of
the Security Industry (State) Award as varied, in regard to the following
site(s) ...................................................................................
.........................................................................................................................................................................................
37.3 (Location(s) of Site(s))
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
37.4 It is agreed between the
parties that the following arrangement for extended daily ordinary hours for
the above location(s) is as follows (see also attached roster(s)):
.........................................................................................................................................................................................
.........................................................................................................................................................................................
.........................................................................................................................................................................................
.........................................................................................................................................................................................
37.5 This agreement shall take effect from the
beginning of the first full pay period to commence on or after..............and
shall remain in force for a period of..................
Signed on behalf of (Company Name)
.................................................
...................................... (Date)
37.6 Signed by (employees);
....................................................................................
....................................................................................
....................................................................................
....................................................................................
(All affected employees to sign as acknowledging that they agree to
this arrangement)
37.7 Signed on behalf of the Union:
........................................................................................ (Union
Secretary) (Date)
38. Appendix B - Enterprise Arrangements -
Notification
Pursuant to clause 32, Enterprise Arrangements, of this
Award, notification pursuant to subclause 32.2.3 is hereby given of an
agreement reached pursuant to subclause 32.3.2. If no objection pursuant to
subclause 32.3.4 is received within 28 days then a Consent application shall be
made to the Commission to have the arrangement ratified, in accordance with
subclause 32.3.5
38.1.......................................................................
(Company Name)
.................................................................
(Address of Enterprise)
38.2 and the
following employee(s) and/or employee's representative(s):
.................................................................
.................................................................
.................................................................
.................................................................
38.3 It is agreed between the above named
parties that clause(s)....................of the Award shall be replaced by the
following provisions and that these provisions shall apply in lieu of the
aforementioned clause(s):
.................................................................................
.................................................................................
38.4 It is intended that this arrangement shall
take effect from the beginning of the first full pay period to commence on or
after...................................and that it shall remain in force for a
period of 12 months.
38.5....................................................................
Date of Notification
39. APPENDIX C - OVERTIME AGREEMENT
39.1 The following arrangement is made pursuant
to subclause 20.2, of clause 20, Overtime, of this Award in regard to the
following employee(s)
Name (print) Signature
...........................................................................
...........................................................................
39.2 The employee(s) who's names and signatures
appear above agree/s to be paid for overtime worked in accordance with
subclause 20.2 in lieu of payment in accordance with subclause 20.1
39.3 This agreement once signed by all parties
shall take effect from the beginning of the first full pay period to commence
on or after.......................................and shall remain in force
unless rescinded in writing by any party giving four weeks' notice.
39.4..... SIGNED on Behalf of ....................................................
(Company Name)
.................................................
(Print Name)
.................................................
(Signature)
.................................................
(Position)
40. APPENDIX D - ORDINARY TIME HOURS OF WORK
- SPECIFIED COMPANY/EMPLOYER
40.1 This document records an agreement reached
pursuant to paragraph 14.7.1.2 of clause 14, Ordinary Time Hours of Work, of
this Award, and is signed by the Company and the Union as certifying that the
arrangement outlined hereunder was agreed to by a majority of employees of the
specified Company, in a secret ballot conducted expressly for that purpose.
40.2 The following arrangement is made pursuant
to subparagraph 14.7.1.2 of clause 14, Ordinary Time Hours of Work, and it
shall apply hereafter to all employees of the specified Company employed under
the provisions of the said Award, unless and until rescinded by either party
pursuant to the provisions of paragraph 14.7.3 of the said Award.
40.3 It is agreed
between the Company and the Union that the arrangement for extended daily
ordinary hours of work, which are outlined below, and/or which are described in
the attached rosters shall hereafter apply to all employees of the Company
......................................................................................................................................................................................
......................................................................................................................................................................................
......................................................................................................................................................................................
......................................................................................................................................................................................
......................................................................................................................................................................................
40.4 This agreement shall take effect from the
beginning of the first full pay period to commence on or after
..................................... and shall remain in force for a period of
............................................
40.5 SIGNED on Behalf of ..........................................................
(Company Name)
........................................................
(Print Name)
........................................................
(Signature)
........................................................
(Position)
41. APPENDIX
E - NATIONAL TRAINING WAGE PROVISIONS
41.1 ARRANGEMENT
Subject Matter Clause
Number
Arrangement 41.1
Parties Bound 41.2
Application 41.3
Objective 41.4
Definitions 41.5
Training Conditions 41.6
Employment Conditions 41.7
Wages 41.8
Special Arrangements 41.9
Additionality and Licensing 41.10
Monitoring of Agreement 41.11
41.2 APPLICATION
41.2.1 Subject to 41.3.1.1.2, this appendix
applies to persons:
41.2.1.1 who are undertaking a Traineeship
(as defined); and
1. who are employed by an employer bound
by this Appendix.
2. Despite the foregoing, this appendix
does not apply to employees who were employed by an employer bound by this
appendix prior to the date of approval of a traineeship scheme relevant to the
employer, except where agreed between the employer and the union.
41.2.2 This appendix does not apply to
the apprenticeship system.
41.2.3 At the conclusion of the traineeship,
this appendix ceases to apply to the employment of the trainee and the award
will then apply to the former trainee.
41.3 OBJECTIVE
The objective of this Appendix is
to assist in the establishment of a system of traineeships which provides approved
training in conjunction with employment in order to enhance the skill levels
and future employment prospects of Trainees, 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
be displaced from employment by Trainees. Nothing in this award replaces the
prescription of training requirements in the award.
41.4 DEFINITIONS
41.4.1 "Approved Training" means
training undertaken (both on or off-the-job) in a Traineeship and will involve
formal instruction, both theoretical and practical, and supervised practice in
accordance with a Traineeship Scheme approved by the State Training Authority.
The training will be accredited and lead to qualifications as set out in 6(g).
41.4.2 "Relevant
Award" means the Security Industry (State) Award that applies to a
Trainee, or that would have applied, but for the operation of this Appendix.
41.4.3 "Relevant
Union" means the Australian Liquor, Hospitality and Miscellaneous Workers
Union.
41.4.4 "Trainee"
means an employee who is bound by a Traineeship Agreement made in accordance
with this Appendix.
41.4.5 "Traineeship"
means a system of training which has been approved by the State Training
Authority or which meets the requirements of a National Training Package
developed by the Property Services Industry Training Advisory Board and
endorsed by the National Training Framework Committee and which leads to an
Australian Qualifications Framework qualification specified by that National
Training Package at Levels 2 and 3.
41.4.6 "Traineeship
Agreement" means an agreement made subject to the terms of this Appendix
between an Employer and the Trainee for a Traineeship and which is registered
with the State Training Authority or under the provisions of the State
legislation. A Traineeship Agreement
must be made in accordance with the relevant approved Traineeship Scheme and
must not operate unless this condition is met.
41.4.7 "Traineeship Scheme" means an accredited training program consistent
with the National Training Package applicable to security industry
employees. A Traineeship Scheme will
not be given approval unless consultation and negotiation with the relevant
Union upon the terms of the proposed Traineeship Scheme and the Traineeship
have occurred. An application for approval of a Traineeship Scheme must
identify the relevant Union and demonstrate to the satisfaction of the
approving authority that the abovementioned consultation and negotiation have
occurred. A Traineeship Scheme must
include a standard format, which may be used for a Traineeship Agreement.
41.4.8 "Parties to a Traineeship
Scheme" means the employer and the relevant Union involved in the consultation
and negotiation required for the approval of a Traineeship Scheme.
41.4.9 "Appropriate State legislation"
means the Vocational Education and
Training Accreditation Act 1990 (NSW).
41.4.10 "State Training Authority" means
the NSW Department of Education and Training or its successor.
41.4.11 "Training program" means an
accredited training program, which must provide for training and training
related employment for a minimum of six months in the case of full-time
trainees and up to a maximum twelve months in the case of part-time trainees.
However, the traineeship program may be extended by agreement where an
individual’s assessment indicates a longer period is necessary to achieve the
qualification sought.
41.5 TRAINING CONDITIONS
41.5.1 A traineeship must 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 the state training authority, provided that if the traineeship agreement
is not in a standard format a traineeship must not commence until the
traineeship agreement has been registered with the state training authority.
The employer must ensure that the trainee is permitted to attend the training
course or program provided for in the traineeship agreement and must ensure
that the trainee receives the appropriate on-the-job training.
41.5.2 The trainee must attend an approved
training course or training program prescribed in the traineeship agreement or
as notified to the trainee by the state training authority.
41.5.3 A substantial proportion of the
traineeship program will be delivered through on-the-job training and
instruction. Such training must:
41.5.3.1 be specified in the training program;
41.5.3.2 where possible, be incorporated in the normal duties of a
trainee; and
41.5.3.3 must be paid in accordance with clause 8 of this
appendix.
41.5.4 In addition to the on-the-job
training component, a trainee will be expected to attend some off-the-job
training. This will be to a maximum of 20% of an individual’s total time spent
in the traineeship.
41.5.5 The employer must roster work in
such a way as to take account of an individual’s off-the-job training commitments
including any requirement for an individual to attend off-the-job training.
41.5.6 During the traineeship period,
the employer must provide a level of supervision in accordance with the
traineeship agreement and clause 10 of this appendix.
41.5.7 Training must be directed to:
41.5.7.1 the achievement of entry level
competencies required for security industry, including key competencies, at AQF
Level 2
41.5.7.2 the achievement of an accredited
Certificate at AQF Level 3 or above that is awarded on the basis of achieving
the competencies specified by the Traineeship.
41.5.7.3 The employer must submit all training
agreements to the traineeship monitoring committee at Suite 2B, 187 Thomas
Street, Haymarket NSW 2000, established
in clause 11 of this agreement, within 28 days of lodging the traineeship
agreement with the relevant new apprenticeship centre. The committee must keep
the terms of the traineeship agreement private and confidential.
41.6 EMPLOYMENT CONDITIONS
41.6.1 A trainee will be engaged as a
full-time or a part-time employee for a maximum of one year’s duration.
However, a trainee will 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 the state training authority, the relevant
employer and the trainee 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.
41.6.2 Termination of employment during
traineeship
41.6.2.1 The employer must not terminate the
employment of a Trainee without firstly having provided in writing notice of
termination to the Trainee concerned in accordance with the Traineeship Agreement
and subsequently to the State Training Authority. The written notice to be provided to the relevant State Training
Authority must be provided within 5 working days of the termination.
41.6.2.2 No existing employee can be
terminated in any manner other than pursuant to this award under which they are
employed at the time of commencement of the Traineeship.
41.6.2.3 An employer who chooses not to
continue the employment of a trainee upon the completion of the traineeship
must notify, in writing, the state training authority of their decision.
41.6.3 The trainee must be 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.
41.6.4 Where the employment of a trainee
by an employer is continued after the completion of the traineeship period,
such traineeship period must be counted as service for the purposes of the
award or any other legislative entitlements.
41.6.5 The traineeship agreement may
restrict the circumstances under which the trainee may work overtime and
shiftwork in order to ensure the training program is successfully completed.
41.6.6 No trainee may work overtime or
shiftwork on his or her own unless consistent with the provisions of the award.
41.6.7 No trainee may work shiftwork
unless the parties to a traineeship scheme agree that such shiftwork 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-shiftwork trainees.
41.6.8 All other terms and conditions of
the award that are applicable to the trainee or would be applicable to the
trainee but for this appendix apply unless specifically varied by this
appendix.
41.6.9 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 will
not be entitled to any severance payments payable pursuant to termination,
redundancy provisions or similar provisions.
41.6.10 The training provider will develop
and support the training program in accordance with the requirements of the AQF
accreditation and the State Training Authority requirements for the delivery of
the approved traineeship.
41.6.11 Existing employees who undertake a
traineeship under this award must have no change in their employment status or
entitlements under the agreement as a consequence of undertaking such
traineeship.
41.7 WAGES
41.7.1 The weekly wages payable to
trainees are as provided in this clause.
41.7.2 A trainee’s weekly wage rate is
the relevant weekly wage rates which would otherwise have applied under this
award or proportionately for part-time employees provided that off-the-job
training will be unpaid.
41.8 SPECIAL
ARRANGEMENTS
Subject to the foregoing, the NSW
Industrial Relations Commission may be requested to determine the appropriate wage
rates and/or conditions of employment for any Traineeship not regarded by the
parties or any of them as appropriately covered by this Appendix.
41.9 ADDITIONALITY AND LICENSING
41.9.1 Trainees will not be required to
perform any duties which will conflict with licensing requirements, e.g. they
will not carry firearms until licensed.
41.9.2 Trainees will receive the same
level of supervision as is received by new employees engaged under probation,
Such supervision must continue for a period of at least three months.
41.9.3 For the first month of the level
2 traineeship, a trainee security officer must be rostered with at least one
other guard on shift at the same site who is accessible to the trainee.
41.10 MONITORING OF AGREEMENT
41.10.1 The parties to this appendix agree
to the establishment of an industry committee to monitor the impact of the
traineeship across the industry.
41.10.2 Such committee will be known as the
traineeship monitoring committee and will meet 4 times a year.
41.10.3 The committee will comprise:
41.10.3.1 One representative from ASIAL
41.10.3.2 One representative from ALHMWU
41.10.3.3 One representative from the Property
Services Training Co.
42. AREA INCIDENCE AND
DURATION
This award shall apply in New South Wales only. This award
shall apply to the employment of employees, being members or not of the
Australian Liquor, Hospitality and Miscellaneous Workers Union, in respect of
the employment by an employer of gatekeepers and all persons, employed in or in
connection with the industry or industries of security or watching including
persons employed in control rooms to monitor, respond to or act upon alarm
systems excepting persons employed as typists, stenographers, bookkeepers,
switchboard operators or engaged in any clerical capacity whatsoever, and also
excepting security officers employed in or in connection with a retail shop
provided those security officers are directly employed by the retail shop; and
also excluding the County of Yancowinna within the jurisdiction of the Security
and Cleaning, &c. (State) Conciliation Committee.
42.1 INDUSTRIES
AND CALLINGS
Section 1 - Caretakers and cleaners employed in or in
connection with anyplace of business, in schools of arts, literary institutes,
lodge rooms (including buildings used for lodge meetings), museums, schools and
caretakers and cleaners (as distinguished from groundsmen) in sports grounds,
also caretakers and cleaners employed solely in connection with churches, caretakers
and cleaners employed in the Botanic Gardens in the Sydney Domain, caretakers
of racecourses, agricultural grounds and recreation grounds, and cleaners
employed in cleaning buildings other than grand and public stands, stables and
animal pavilions on racecourses, agricultural grounds and recreation grounds,
cleaners in shops, office cleaners and caretakers, lift attendants, security
guards, gatekeepers, caretakers and cleaners employed in and about Strata Title
units and Company Title units and tea attendants excepting canteen workers,
persons within the present constitution rule of The Health and Research
Employees' Association of New South Wales and persons within the steel industry
in the State, excluding the County of Yancowinna;
Section 2 - All persons employed in or in connection with
the industry or industries of security or watching (in either case other than
employees employed in a shop by the operator thereof during ordinary trading
hours in areas intended for public access) and excepting also persons employed
as typists, stenographers, bookkeepers, switchboard operators or engaged in any
clerical capacity whatsoever, but not excluding persons employed in control
rooms to monitor, respond to or act upon alarm systems.
Excepting - Lift attendants in hotels, clubs, boarding
houses, restaurants, tea shops and oyster shops and in flats and residential
chambers and establishments; Employees within the jurisdiction of the Milk
Treatment, &c., and Distribution (State) Conciliation Committee, the Breweries,
&c. (State) Conciliation Committee and the Cement Workers, &c. (State)
Conciliation Committee; And excepting employees of - State Rail Authority of
New South Wales; Urban Transit Authority of New South Wales; The Commissioner
for Motor Transport; The Water Board; The Hunter District Water Board; South
Maitland Railways Pty. Limited; The Electrolytic Refining and Smelting Company
of Australia Proprietary Limited, Metal Manufactures Limited, Australian
Fertilisers Limited and Austral Standard Cables Proprietary Limited, at Port
Kembla, including employees employed by Australian Fertilisers Limited on the
bone-crushing and fertiliser-mixing and bagging plant at Granville; and in
connection with the manufacture of acids, chemicals and fertilisers at Villawood;
Blue Circle Southern Cement Limited; The Kandos Cement Company Limited; The
Council of the City of Sydney and of shire and municipal councils; The Council
of the City of Newcastle; The Sydney County Council; The Broken Hill
Proprietary Company Limited at Newcastle; Australian Wire Industries Pty. Ltd.
at its Sydney Wiremill; Australian Iron and Steel Proprietary Limited within
the jurisdiction of the Iron and Steel Works Employees (Australian Iron &
Steel Proprietary Limited) Conciliation Committee and the Quarries (Australian
Iron and Steel Pty Limited) Conciliation Committee; Australian Wire Industries
Pty. Ltd. at its Newcastle Wiremill; The Australian Gas Light Company; The
North Shore Gas Company Limited; Prospect Electricity; Electricity Commission
of New South Wales; And excepting employees in or about coal mines north of
Sydney, in or about coal mines in the South Coast District; And Excepting -
Employees in or about metalliferous and limestone mines or in connection with
mining for minerals other than coal or shale, in or about diamond and
gem-bearing mines, mining dredges, ore sluicing processes, ore smelting,
refining treatment and reduction works; All persons employed in or in
connection with hospitals, mental hospitals, public charitable institutions or
ambulance work; Persons employed in or by The United Dental Hospital of Sydney;
Cleaners employed on the national ferries; Security guards employed by the
Maritime Services Board of New South Wales on tugs, dredges, launches and motor
boats and lighters; Gatekeepers under the control of the Department of
Agriculture employed in tick quarantine areas of the State; And excepting
employees within the jurisdiction of the following Conciliation Committees -
Race Clubs, &c., Employees (State);
Special Steels and Steel Products Manufacture (Commonwealth
Steel Company Limited);
Cleaning Contractors' (State);
Tubemakers of Australia Limited, Newcastle;
Showground, &c., Employees (State);
Security Officers (Waterfront);
Sugar Workers (CSR Limited, Pyrmont);
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Unanderra;
Australia Wire Industries Pty Ltd - Newcastle Ropery;
Tubemakers of Australia Limited, Yennora;
Club Employees (State);
University Employees, &c. (State);
Smelting and Fertiliser Manufacturing (Sulphide Corporation
Pty
Limited and Greenleaf Fertilisers Limited);
Shoalhaven Scheme.
42.2 The changes made to the award pursuant to the
Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 18th December 1998 (308 IG 307) take effect on 1 June 2001
PART B
MONETARY RATES
TABLE 1 - RATES OF PAY PER 38-HOUR WEEK
|
Classification
|
Rate of pay at
first pay period on or
|
|
|
after 1 July
2000
|
|
Grade 1
|
$464.50
|
|
Grade 2
|
$480.80
|
|
Grade 3
|
$492.10
|
|
Grade 4
|
$503.30
|
|
Grade 5
|
$525.50
|
TABLE
2 - OTHER RATES AND ALLOWANCES
Item
|
Clause
|
Brief
Description
|
Rate per Week
|
Rate per Shift
|
|
|
|
|
as at 1st July
2000
|
as at 1st July
2000
|
|
|
12.1
|
Leading Hand
Allowance
|
|
Casuals only
|
|
1
|
|
up to 5 employees
|
$20.43
|
$4.08
|
|
2
|
|
6 to 10 employees
|
$23.17
|
$4.63
|
|
3
|
|
11 to 15 employees
|
$30.29
|
$6.06
|
|
4
|
|
16 to 20 employees
|
$34.95
|
$6.99
|
|
5
|
|
Over 20 employees
|
$34.95
|
$6.99
|
|
6
|
|
for each employee exceeding 20,
extra
|
$0.55
|
$0.12
|
|
7
|
12.2
|
Relieving Officer
|
$20.41
|
|
|
8
|
12.3
|
First Aid Allowance
|
|
Casuals only
|
|
|
|
Industrial
|
$11.53
|
$2.30
|
|
9
|
12.4
|
Gun Allowance
|
$7.94
|
$1.58
|
|
|
12.5
|
Locomotion Allowance
|
|
|
|
10
|
|
Motor Vehicle / cycle
|
|
$20.12
|
|
11
|
|
Bicycle
|
|
$2.12
|
|
|
|
|
|
|
|
12
|
12.6
|
Meal Allowance
|
|
$5.90
|
|
|
|
|
|
|
|
13
|
12.7
|
Fares Allowance
|
|
$5.10
|
|
|
|
|
|
|
|
14
|
12.8
|
Overnight Meal Allowance
|
|
$47.90
|
T. M.
KAVANAGH, J
Printed by
the authority of the Industrial Registrar.