PAINT AND VARNISH
MAKERS, &c. (STATE) AWARD
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19
of the Industrial Relations Act 1996
(Nos. IRC 5805
of 1999 and 1828 of 2000)
REVIEWED AWARD
1. Arrangement of Award
Clause No. Subject Matter
1. Arrangement
of Award
2. Definitions
5. Additional
Payments
6. Laboratory
Employees
7. Junior
Employees
8. First-aid
Allowance
9. Mixed
Functions
10. Tea
Breaks and Meal Periods
11. Crib
Break
12. Call
Back
13. Sunday
and Holiday Work--Day Workers
14. Washing
Time
15. Payment
of Wages
16. Time
and Wages Book
17. Meal
Allowance
18. Contract of Engagement
19. Casuals
20. Hours
of Work (Day Workers)
21. Shift
Work
22. Overtime
(Day Workers)
23. Public
Holidays
24. Annual
Leave
25. Annual
Leave Loading
26. Sick
Leave
27. Personal/Carer's
Leave.
28. Attendance
at Repatriation Centres
29. Accident
Pay
30. Fire
Protection
31. Special
Leave
32. Bereavement
Leave
33. Industrial
Clothing
34. Amenities
35. Right
of Entry of Union Officials
36. Inspections
37. Disputes
Resolution
38. Industry
Meetings
39. Travelling
and Fares
40. Trade
Union Training
41. Job
Delegates
42. Redundancy
43. Parental
Leave
PART B
MONETARY RATES
Table 2 - Wage Rates - Laboratory Employees
Table 3 - Allowances
2. Definitions
"Commission"
means the Industrial Relations Commission of New South Wales.
"Laboratory
Assistant" shall mean an employee, other than a professional employee,
trainee professional employee or paint technician, who is currently studying
for a chemistry certificate, or a certificate course appropriate to the work in
which he or she is engaged, or achieved an equivalent standard of skill or
knowledge, and is engaged in a laboratory in assisting in the preparation of
new formulations and in the application of routine tests in connection with a
section or department whose principal function is the development of and
research into new products or improved formulations, or is performing duties
deemed by the employer to be equivalent thereto; or is engaged in a laboratory
performing production-investigational work associated with existing products
and formulation, or is performing duties deemed by the employer to be equivalent
thereto.
"Laboratory
Attendant" means an employee, other than a professional employee,
trainee professional employee, paint technician, laboratory assistant, trainee
laboratory assistant or laboratory assistant or laboratory tester who is engaged
in a laboratory or test department, and whose duties are principally those of
cleaning laboratory equipment and may include the replenishment of laboratory
raw materials.
"Laboratory
Tester" shall mean an employee other than a professional employee or trainee
professional employee, paint technician or laboratory assistant, who is engaged
in a production or other laboratory in the performance of routine tests by
established methods.
"Paint
Technician" shall mean an employee other than a professional employee
who is required to perform duties of a technical nature in an analytical,
production-investigational, developmental, experimental or research laboratory,
and who has been engaged for at least four years as a laboratory assistant and
has completed the necessary period of training in order to gain a certificate
and who has received a certificate appropriate to his or her duties from the
Department of Education such as chemistry certificate or qualification deemed
by the employer to be equivalent or who has sufficient practical experience
deemed by the employer to be equivalent thereto; or who has passed two years of
a full-time course or the first three years of a part-time course for a degree
or equivalent professional qualification or who has sufficient practical
experience deemed by the employer to be equivalent thereto.
"Ordinary Rate"
means the appropriate rate prescribed herein for forty hours of ordinary time.
"Site"
means any premises of an employer used for or in connection with the
manufacture, treatment, processing, handling, storage or distribution of
materials or products used in or in connection with decorative or protective
surface coatings, or coverings and associated products.
"Trainee"
shall mean a laboratory employee who is undergoing and proves to the
satisfaction of the employer when requested, that he or she is continuing a
certificate course or a course leading to a degree or diploma appropriate to
his or her work prescribed by the appropriate Education Department in the State
or any course at least equivalent thereto.
"Union"
means Australian Liquor Hospitality and Miscellaneous Workers Union, New South
Wales Branch.
"Year"
means calendar year unless the context provides otherwise.
3. Classifications
The following shall be the classification grades of
employees subject to this award:
(a) Paint Workers -
(i) Paint
Worker Grade 1 (Trainee) - This classification shall be the entry point
into the paint manufacturing industry, where a person has no comparable
experience in manufacturing industry. A
person in this classification shall perform various routine duties, including
the provision of assistance to other employees, whilst working under direct
supervision.
A Grade 1 Paint
Worker shall undertake basic training in the industry, including induction
training. Illustrative tasks which fall
within this grade include hand filling, hand labelling, cleaning and general
hands work. It is anticipated that progression from this grade to a higher
grade shall be achievable by all weekly employees.
(ii) Paint
Worker Grade 2 - This classification encompasses the various semi-skilled
jobs in the industry. A person in this classification
shall have undertaken basic training in the paint industry or a comparable
industry, will work under general supervision and have completed or be involved
in training so as to enable the person to perform work within the scope of this
grade.
A Grade 2 Paint Worker shall
perform work falling within the lower grade and be proficient in duties for
which they have been trained within a site's functional stream(s). The duties include work of the following nature:
(a) basic repetitive work on automated or
single purpose machines or equipment, e.g., automatic filling;
(b) simple machine tinting;
(c) basic receipt, dispatch and inventory
work;
(e) routine maintenance work;
(f) laboratory aide;
(g) order picking;
(h) filter press operation;
(i) non-licensed electric fork operation.
(iii) Paint
Worker Grade 3 - This classification encompasses the more skilled
specialised jobs in the industry. A
person in this classification shall work under general routine supervision, be
responsible for their own work and have completed or be involved in training so
as to enable the person to perform work within the scope of this grade.
A Grade 3 Paint Worker shall
perform work falling within the lower grades and be proficient in duties for
which they have been trained within a site's functional stream(s). The duties include work of the following
nature:
B. dispersion operation;
C. raw materials preparation;
D. powder coating operations;
E. resin manufacturing under supervision;
F. operation of all materials handling
equipment;
G. tinting under supervision;
H. routine production testing;
J. make up operation;
K. fully integrated automated filling
systems (i.e., Taubmans Pty Ltd, Villawood).
(iv) Paint Worker Grade 4 - This
classification encompasses the various skilled jobs in the industry. A person in this classification shall be
generally responsible for their own work, have completed training so as to
enable the person to perform work within the scope of this grade and be able to
perform work from complex instructions and procedures.
A Grade 4
Paint Worker shall perform work falling within the lower grades for which they
have been trained within a site's functional stream(s) and be proficient in
duties of the following nature:
A. bulk paint tinting;
B. resin manufacturing.
(v) Team
Leader - Grade 5 - A person appointed by the employer to this position
shall be responsible as follows:
A. performance appraisal;
B. quality control;
C. production control;
D. training of other employees;
E. safety management;
F. accountability for manufacturing
process.
(b) Laboratory Employees - Classifications -
(i) Paint
Laboratory Worker Grade 1 (equivalent to Paint Worker Grade 1) - Trainee
with no laboratory or manufacturing experience, undergoing industry induction
training.
(ii) Paint
Laboratory Worker Grade 1A (equivalent to Paint Worker Grade 2) - Employee
with industry experience, working as Laboratory Aide, undertaking basic
in-house training. Works under general
supervision. Meets the required
standards of reading and writing and shall be trained to be proficient in the
following areas:
A. storage and retrieval of batch samples;
C. elementary communication with
laboratory and factory personnel;
D. maintenance and cleaning of laboratory
equipment;
E. keeping accurate records.
(iii) Paint
Laboratory Worker Grade 2A (equivalent to Paint Worker Grade 3) - Employee
with industry experience, working as a routine production tester or at
elementary research and development work requiring no formal training. A person in this classification shall work
under general supervision, be responsible for their own work and have completed
or be involved in training so as to enable them to perform work within the
scope of this grade. A Paint Laboratory Worker Grade 2A shall perform work
falling within lower laboratory grades and be proficient in duties for which
they have been trained. The duties
include work of the following nature:
A. training new Paint Laboratory Workers
Grade 1A if required;
C. performing simple batch adjustments
without supervision;
D. testing of laboratory samples.
(iv) Paint
Laboratory Worker Grade 2B - On commencement and continuation of study of
Year 1 of Associate Diploma in Chemistry/Chemical Technology or on commencement
of study for the Advanced Certificate in Chemical Technology, a Paint
Laboratory Worker Grade 2B shall perform duties equivalent to those of a Paint
Laboratory Worker Grade 2A and, in addition, shall make laboratory samples;
provided that progression from Paint Laboratory Worker Grade 2A to Paint
Laboratory Worker Grade 2B shall be at the invitation of the employer.
(v) Paint
Laboratory Worker Grade 2C - Having completed and passed Stage 1 of the
Chemistry Certificate course, or on successful completion and passing of Year 1
of the Advanced Certificate in Chemical Technology (or the equivalent of Year 1
studies) and be studying for Year 2, a Paint Laboratory Worker Grade 2C shall
work under minimum supervision, be responsible for their own work and be involved
in training so as to enable them to perform work within the scope of this
grade. A person in this classification shall perform work falling within lower
laboratory grades for which they have been trained and use judgement and
problem solving skills to perform a range of routine and non-routine
tests. The duties include work of the
following nature:
A. performance of advanced batch
adjustments/corrections;
B. ability to make up and test all types
of paints to provide formulae;
C. training of lower grade laboratory
workers.
(vi) Paint
Laboratory Worker Grade 3 - On successful completion and passing of Year 1
of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of
Year 1 studies) and be studying for Year 2; or having completed and passed
Stage 2 of the Chemistry Certificate course; or on successful completion and
passing of Year 2 of the Advanced Certificate in Chemical Technology (or the
equivalent of Year 2 studies) and be studying for Year 3; or not less than five
years experience, and having duties and responsibilities of an employee who has
completed and passed Year 1 of the Associate Diploma or Stage 2 of the
Chemistry Certificate.
A Paint Laboratory Worker Grade 3
shall work under minimum supervision, be responsible for their own work and
have completed or be involved in training so as to enable the person to perform
work within the scope of this grade.
A person in this classification
shall perform work falling within lower laboratory grades for which they have
been trained and use judgement and problem solving skills to perform the full
range of routine and non-routine tests.
The duties include work of the following nature:
A. modifications to existing formulae when
deficiencies within the product are found;
B. solving of quality control problems
that may arise;
C. training of lower grade laboratory
workers.
(vii) Paint Laboratory Worker Grade 4 - On
successful completion and passing of Year 2 of the Associate Diploma in Chemistry/Chemical
Technology (or the equivalent of Year 2 studies) and be studying for year 3; or
hold the Associate Diploma in Chemistry/Chemical Technology and have no
relevant industry experience; or having completed and passed Stage 3 of the
Chemistry Certificate course; or having completed and passed the Advanced
Certificate in Chemical Technology and having been employed as a PLW Grade 3;
or not less than 10 years' experience, and having duties and responsibilities
of an employee who has completed and passed Year 2 of the Associate Diploma or
Stage 3 of the Chemistry Certificate.
A Paint Laboratory Worker Grade 4
shall work under limited supervision, be responsible for their own work and
have completed or be involved in training so as to enable the person to perform
work within the scope of this grade. A
person in this classification shall perform work falling within lower
laboratory grades for which they have been trained and apply specialised
technical skills, in addition to the full range of laboratory skills, to
specific projects. A PLW 4 shall also
be involved in training of other laboratory workers and be able to provide
guidance and assistance as part of a work team.
A Paint Laboratory Worker Grade 4
understands the equipment and principles being used. The duties include work of the following nature:
A. preparing reports as directed;
B. being involved as part of a team in
high level trouble shooting;
C. providing on-the-job training;
D. assisting in the analysis of production
problems;
E. application of skills to non-routine
testing.
(viii) Paint
Laboratory Worker Grade 5 - On successful completion and passing of Year 3
of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of
Year 3 studies) and be studying for Year 4; or successfully completed and
passed the Chemistry Certificate course; or having successfully completed and
passed both the Advanced Certificate in Chemical Technology and the Surface
Coatings Technology Post- Technician Certificate course.
A Paint Laboratory Worker Grade 5
shall be responsible for their own work, perform work falling within the lower
laboratory grades for which they have been trained and be able to work
unsupervised. The duties include work
of the following nature:
B. setting up and/or operation of test
equipment involving computer operating and programming skills;
C. provides technical guidance;
D. applies industrial and academic experience
in coatings and chemicals to solve problems or develop new products and
processes;
E. assist in the design and conduct of
tests to NATA and other regulatory requirements and develop procedures and
methods from standards.
(ix) Paint
Laboratory Worker Grade 6 - Successfully completed and passed the Associate
Diploma course in Chemistry/Chemical Technology; or successfully completed and
passed the Chemistry Certificate course and the Surface Coatings Technology
Post-Technician Certificate course.
A Paint Laboratory Worker Grade 6
is required to perform work requiring mature technical knowledge involving a
higher degree of autonomy, originality and independent judgement. The duties include work of the following
nature:
A. responsibility for the co-ordination of
employees' work;
B. plan and implement those programmes
necessary to achieve company objectives;
C. apply knowledge and/or provide
technical guidance.
A person in this classification shall, in addition to the
skills required by a Paint Laboratory Worker Grade 5, have the ability to
operate within broad statements of objectives, without requiring detailed
instructions, provide specialised technical guidance to other employees
performing work within the same technical field and perform work falling within
the lower laboratory grades for which they have been trained.
A Paint
Laboratory Worker Grade 6 may be responsible for supervising a group of
employees.
(x) Paint
Laboratory Worker Grade 7 - Successfully completed and passed the Associate
Diploma course in Chemistry/Chemical Technology and successfully completed and
passed the Surface Coatings Technology Post-Technician Certificate course.
A Paint Laboratory Worker Grade 7
shall have no less a responsibility than that of a PLW Grade 6.
(c) Course Attendance -
(i) An employee who attends in any one year
not less than 80% of the maximum possible attendances at the approved course at
the training institution at which such employee is pursuing his or her course of
study and passes the annual examination in that year or, if there is no
examination, receives a satisfactory report, shall be reimbursed by his or her
employer all fees paid by such employee for that course during that year.
In the case of an employee who
complies with the foregoing requirements for attendances and who passes and
receives a satisfactory report in a proportion of the subjects taken by him or
her in any year, the employer shall reimburse a like proportion of fees. The employer shall not, however, be required
to reimburse fees or a proportion thereof for more than one year in excess of
the period prescribed by the training institution for the approved course. Provided that where an employer and employee
agree in writing, an employee may undertake a course of study other than an
approved course and such course shall be reimbursed in the manner described in
the aforementioned two paragraphs.
Where a trainee is in the employ of more than one employer in any school
year, then such employer shall be liable only for the payment of fees pro rata
to the period of employment with the employer.
(ii) An employee shall be allowed reasonable
time without loss of pay (not exceeding an average of eight hours per week
during a semester) for the purpose of attending classes in connection with the
appropriate certificate course.
In the event of disagreement
between the employer and an employee regarding the course of study for any
year, the recommendation of the educational accreditation committee shall be
accepted.
The employer shall endeavour to
see that any employee shall not be obliged to work overtime when it interferes
with such employee's studies.
No employee shall be employed upon
shift work which may interfere with his or her studies or examination
preparation.
(iii) An employee shall be allowed reasonable
leave of absence, without loss of pay, for the purpose of sitting for
examinations on any subject(s) being studied for the year.
(i) An employer shall notify each
laboratory employee of the appropriate classification of that employee.
(ii) The parties shall co-operate in the
transition from the old structure to the new structure in an orderly manner
without creating false expectation or disputation.
(iii) There shall be an Industry Consultative
and Accreditation Committee made up of representatives of the employers and the
unions. The committee shall assist in
the resolution of disputes arising from the application and operation of the
classification structure, co-ordinate the accreditation of training courses and
will act as a mechanism of appeal for employees dissatisfied with their
grading.
(iv) Should the committee be unable to resolve
any disputes arising from the application and operation of the new
classification structure, any party may refer the matter to the Industrial
Relations Commission of New South Wales.
(e) Incidental Duties
Employees are to perform work
which is incidental or peripheral to their main tasks or functions, being the
work the duties of which are within the limits of the employee's skill,
competence and training.
4. Wages
The minimum rates of pay for weekly employees shall be as
set out in Table 1 and Table 2 of Part B Monetary Rates
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000.
These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991 other
than safety net, State Wage Case and minimum rates adjustments.
5. Additional Payments
(i) Leading Hand - An employee appointed as a
leading hand by the employer shall, for each week worked, receive the following
amounts:
(a) In charge of not less than one and not
more than 10 employees or a laboratory leader in charge of laboratory
assistants - an amount per week as set out in Item 1 of Table 3 - Allowances,
of Part B, Monetary Rates.
(b) In charge of 11 or more employees or a
laboratory leader in charge of paint technicians - an amount as set out in Item
2 of the said Table 3.
(ii) Storeperson Working Singly - A store
person who has control of a store when no direct supervision is exercised and
is responsible for the receipt, issuing and stock checking of goods and/or
materials and the notation of necessary documents shall receive the sum per
week as set out in Item 3 of Table 3 for all purposes of the award in addition
to his/her classification rate, with the provision that any employee whose work
is defined elsewhere in this clause shall suffer no reduction in wages.
6. Laboratory Employees
(i) Terms
and Conditions: The following terms and conditions shall apply, notwithstanding
anything else contained in this award dealing with the same specific subject
matters, to employees engaged in laboratories and classified as Laboratory
Trainee, Laboratory Assistant or Paint Technician:
(a) Period of Hire: Period of hire may be
weekly, fortnightly or monthly as offered by the employer.
(b) Notification of Classification to
Employees: Any employee shall on the date of commencing employment be advised
in writing of the classification which is effective, i.e., "laboratory
assistant---studying for first stage of a chemistry certificate course or equivalent
or having achieved equivalent standard of skill or knowledge."
Subsequently upon any promotion above that appointment the employee will be
advised of his or her new classification.
(c) Provision of a Certificate of Service:
Upon termination of employment that employer when requested by the employee
shall provide a certificate of service stating length of service, duties
performed and classification.
(d) Method of Payment: Method of payment of salary
may be by cash, cheque or cheque paid to an employee's nominated bank account
as agreed between the employer and the employees.
(e) Award Conditions: In all other respects
the conditions of this award shall apply to such employees.
(1) Trainees shall receive the following as
minimum rates of pay expressed as a percentage of the total rate of pay
prescribed for the classification of "Laboratory Assistant" -
studying for first stage of a chemistry certificate course or equivalent or having
achieved equivalent standard of skill or knowledge:
Percentage
At 16 years of age
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
100
|
At 19 years of age or over - the
appropriate total rate of pay for the classification of "Laboratory
Assistant "or "Paint Technician" in accordance with the
qualification or experience gained.
(2) The proportion of trainees under the age
of 18 years of age who may be employed by any employer shall not exceed one
such junior trainee to every two or fraction of two adults in that area in
which the trainee is employed. This
proportion shall not be varied without prior consultation and agreement with
the Union.
(3) A trainee who attends in any one year
not less than 80 per cent of the maximum possible attendances of the approved
course at the training institution at which such employee is pursuing his/her
course of study and passes the annual examination in that year or, if there is
no examination, receives a satisfactory report, shall be reimbursed by his/her
employer all fees paid by such employee for that course during that year. In the case of a trainee who complies with
the foregoing requirement for attendances and who passes or receives a
satisfactory report in a proportion of the subjects taken by him/her in any
year the employer shall reimburse a like proportion of fees. The employer shall not, however, be required
to reimburse fees or a proportion thereof for more than one year in excess of
the period prescribed by the training institution for the approved course. Provided that where a trainee is in the
employ of more than one employer in any school year then such employer shall be
liable only for the payment of fees pro rata to the period of employment with
that employer.
(4) Trainees shall be allowed reasonable
time without loss of pay (not exceeding an average of eight hours per week
during a school term) for the purpose of attending classes in connection with
the appropriate certificate course.
In the event of
disagreement between the employer and trainee regarding the course of study for
any year, the recommendation of the educational institution shall be
accepted. The employer shall endeavour
to see that any trainee shall not be obliged to work overtime when it
interferes with such trainee's studies.
No trainee shall be employed upon shift work which may interfere with
his/her studies or examination preparation.
Any trainee shall be allowed reasonable leave of absence without loss of
pay for the purpose of sitting for examinations on any subject being studied
for the year.
(a) Fume Cupboards and Safety Equipment -
Every laboratory shall be equipped with adequate fume cupboards where necessary,
fire fighting equipment and any special equipment or rooms essential to the
safe handling of any chemical or process.
(b) Work in Abnormal Conditions - Where an
employee is required to work in abnormal conditions, the employer shall take
all reasonable precautions to ensure that the employee will work under
conditions of the maximum possible safety and comfort.
(c) Damaged Clothing or Equipment - Where an
employee as a result of performing any duty required by the employer, and as a
result of negligence of the employer, suffers any damage to or soiling of
clothing or other personal equipment, including spectacles and hearing aids,
the employer shall be liable for the replacement, repair or cleaning of such
clothing or personal equipment including spectacles and hearing aids.
7. Junior Employees
(i) Junior
employees under the age of 18 years of age shall be properly supervised at all
times.
(ii) A junior employee shall be paid the
following percentage of the ordinary rate prescribed by this award for the
appropriate adult classification:
Percentage
At 16 years of age
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
100
|
8. First-aid Allowance
(i) An employer shall endeavour to have at least
one employee trained to render first-aid in attendance when work is performed
at an establishment.
(ii) An employee who has been trained to
render first-aid and who is the current holder of appropriate first-aid
qualifications such as a certificate from the St John Ambulance or similar body
shall be paid a weekly allowance of an amount as set out in Item 4 of Table 3-
Allowance of part B - Monetary Rates if appointed by the employer to perform
first-aid duty.
(iii) The employer will reimburse travelling
and text book expenses actually incurred when an employee carries out first-aid
training at the request of the employer.
9. Mixed Functions
(i) If by direction of the employer an
employee is engaged for more than one hour in any day or shift on duty carrying
a higher rate than his or her ordinary classification such employee shall be
paid the higher rate for such day or shift.
(ii) Where an employee is called upon to
perform duties for which a lower rate is fixed the employee shall suffer no
deduction in pay for the balance of the current pay week.
10. Tea Breaks and Meal Periods
(i) Each day shift employee shall be
permitted a ten minute break in the first half of each day and a ten minute break
in the second half of each day at times to be nominated by the employer for tea
breaks. Such breaks shall be without
deduction of pay if taken at the work place or other place nominated by the
employer.
(ii) Meal periods shall be not less than thirty
minutes and not more than forty-five minutes and shall be taken at times
nominated by the employer.
(iii) No employee shall be required to work for
more than five hours without a meal period or crib break.
11. Crib Break
(i) Where the period of overtime is to
exceed 1.5 hours an employee prior to starting such overtime after working
ordinary hours shall be allowed a crib break of 20 minutes which shall be paid
for at ordinary rates.
(ii) An employee working overtime after
working ordinary hours shall be allowed a crib break of 20 minutes without
deduction of pay after each four hours of overtime worked if the employee
continues work after such crib break.
(iii) An employer and employee may agree to any
variation of this clause to meet the circumstances of the work in hand provided
that the employer shall not be required to make any payment in respect of any
time allowed in excess of 20 minutes.
12. Call Back
An employee recalled on any day to work overtime after
leaving the employer's establishment shall be paid a minimum of four hours'
work at the appropriate hourly rate for each time such employee is so recalled;
provided that, except in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four hours as the case may be
if the job he or she was recalled to perform is completed within a shorter
period. This clause shall not apply in
cases where it is customary for an employee to return to an employer's site to
perform a specific job outside his or her ordinary working hours or where the
overtime is continuous with the completion or commencement of ordinary working
time.
13. Sunday and Holiday
Work--Day Workers
(i) An employee required to work on a
Sunday shall be paid at the rate of two and one-half times the ordinary rate
with a minimum payment of four hours.
(ii) An employee required to work on a public
holiday save where a day's leave has been substituted shall be paid for all
time worked at the rate of two and one-half times the ordinary rate with a
minimum payment of four hours.
14. Washing Time
All employees shall be allowed five minutes prior to meal
times and ten minutes prior to the ordinary ceasing time for the purposes of cleaning
themselves: Provided that employees working in dry lead and/or dry colour
manufacturing shall, in lieu of ten minutes, be allowed fifteen minutes prior
to ceasing time.
15. Payment of Wages
(i) Unless otherwise agreed between an
employer and the employees wages shall be paid to each employee weekly no later
than Thursday and prior to work ceasing.
(ii) An employee who is kept-waiting for
payment of wages after work has ceased shall be paid at overtime rates unless
the employer can establish legitimate cause outside of the employer’s control
for late payment.
(iii) Wages and other entitlements may be paid
by cheque or in cash or by agreement between the employer and employee
concerned. Further, by agreement
between the union and the employer, wages and other entitlements may be paid by
electronic bank transfer in accordance with agreed practice at individual
establishments.
(iv) Unless otherwise agreed between an
employer and the employee where a pay day falls on a public holiday or a public
holiday follows immediately after the usual pay day for that week, wages shall
be paid on the ordinary working day preceding the usual pay day.
(v) Each
employee shall at request be given details of his or her total weekly pay.
16. Time and Wages Book
(i) 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, and the wages and entitlements paid each
day period.
(ii) 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.
(iii) The time and wages record shall be open
for inspection to a duly accredited union official during the usual office
hours at the employer's office: Provided that an inspection shall not be
demanded unless the branch secretary of the union or the 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.
(iv) The official making such inspection shall
be entitled to take a copy of entries in a time and wages record relating to a
suspected breach of this award.
17. Meal Allowance
Any employee required to work and who so works overtime for
more than one hour after working ordinary hours shall either be supplied with
an adequate meal or paid an amount as set out in Item 5 of Table 3 -Allowances,
of Part B, Monetary Rates, for each meal.
The meal allowance shall be paid to the employee weekly, at the time
when normal pay is made, or by such other arrangement as may be mutually
acceptable.
For the purpose of this clause, crib break, if applicable,
shall not be regarded as overtime worked.
18. Contract of Engagement
(i) Any
employee not specifically engaged as a casual shall be deemed to be employed by
the week.
(ii) A weekly hired employee shall be
terminated by one week's notice on either side given at any time during the
week or by the payment or forfeiture of a week's wages, as the case may be-
provided this shall not affect the right of an employer to dismiss any employee
summarily without notice for neglect of duty or misconduct, and in such case
wages shall be paid up to the time of dismissal only. An employee who has given or been given notice to terminate
employment shall continue in employment until the date of expiration of such
notice.
(iii) An employee who, having been given or has
given notice and without reasonable cause is absent from work during the period
of notice, shall be deemed to have abandoned his or her employment and shall
not be entitled to payment for work done within that period. By arrangement with the employer an employee
working out a period of notice may be granted one day's leave without pay to
seek alternative employment.
19. Casuals
A casual employee is one engaged and paid as such. A casual employee for working ordinary time
shall be paid per hour one-fortieth of the ordinary rate prescribed by this
award for the work performed plus 25 per cent.
20. Hours of Work (Day Workers)
Ordinary hours of work shall be forty per week to be worked
in five days, Monday to Friday inclusive, of eight hours each continuously
except for meal breaks at the discretion of the employer, between 7.00 a.m. and
5.30 p.m.; provided that the spread of hours or daily hours prescribed may be
altered as to all or a section of the employees by mutual agreement between the
employer and the union provided further that day work shall not in any event
commence before 6.00 a.m. or finish after 6.00 p.m.
Provided further that work done outside the spread of hours
fixed in accordance with this clause for which overtime rates are otherwise payable
shall be deemed to be part of the ordinary hours of work where for reasons
other than for proven illness or by leave of the employer the ordinary hours
worked within the prescribed spread of hours in any week are less than forty.
21. Shift Work
"Afternoon Shift"--means
any shift finishing after 6p.m. and at or before midnight.
"Continuous Work"--means
any work carried on with consecutive shifts of employees throughout the 24
hours of at least six consecutive days without interruption except during
breakdowns or meal breaks or due to unavoidable causes beyond the control of
the employer.
"Early
Morning Shift"--means any shift commencing after midnight and before 6.00
a.m.
"Day
Shift"--shall mean a shift commencing after 7 a.m. and finishing at or
before 6 p.m.
"Night
Shift"--means any shift finishing after midnight and at or before 8 a.m.
"Rostered
Shift"--means a shift of which the employee concerned has had at least 48
hours' notice.
(ii) Hours--Continuous Work Shifts--This
subclause shall apply to shift workers on continuous work as hereinbefore
defined.
The ordinary
hours of such shift workers shall not exceed:
8 in any one
day;
48 in any one
week;
88 in 14
consecutive days; or
160 in 28 consecutive
days.
Subject to the following
conditions such shift workers shall work at such times as the employer may
require:
A shift shall
consist of not more than 8 hours inclusive of crib time.
Except at the regular changeover of
shifts an employee shall not be required to work more than one shift in each
twenty-four hours.
Twenty minutes shall be allowed to
shift workers each shift for crib which shall be counted as time worked.
(iii) Hours--Other Than Continuous Shift Work--This
subclause shall apply to shift workers not upon continuous work as hereinbefore
defined.
The ordinary hours of such shift
workers shall not exceed-- 40 in any week to be worked in five shifts of eight
hours on Monday to Friday inclusive or five shifts of not more than eight
hours, and one shift (Saturday) of not more than four hours; or
80 in 14 consecutive days in which
case an employee shall not without payment for overtime be required to work
more than eight consecutive hours on any shift or more than six shifts in any
week.
Such ordinary hours shall be
worked continuously except for meal breaks at the discretion of the
employer. An employee shall not be
required to work for more than five hours without a break for a meal
Except at the regular changeover
of shifts an employee shall not be required to work more than one shift in each
24 hours.
(iv) Rosters--Shift rosters shall specify the
commencing and finishing times of ordinary working hours of the respective
shifts.
(v) Variation by Agreement--The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the union to suit the circumstances of the
establishment.
The time of commencing and
finishing shifts, once having been determined may be varied by agreement
between the employer and the employees concerned to suit the circumstances of
the establishment or, in the absence of agreement, by seven days' notice of
alteration given by the employer to the employees.
Prior to establishing any new
shift or ceasing any established shift an employer shall give the union not
less than one week's notice of his intention and shall discuss with the union
manning levels and implementation.
(vi) Afternoon or Night Shift Allowances--A
shift worker on continuous work whilst on afternoon shift shall be paid 17.5
per cent or whilst on night shift 20 per cent more than the ordinary rate for
such shift.
A shift worker on other than
continuous work whilst on afternoon shift shall be paid 17.5 per cent or whilst
on night shift 20 per cent more than the ordinary rate for such shifts. A shift worker who works on any afternoon or
night shift which does not continue for at least five successive afternoons or
nights at a five-day work site or for at least six successive afternoons or
nights at a six-day work site shall be paid at the rate of time and one-half.
An
employee who: during a period of engagement on shift works night shift only; or
remains on night shift for a longer period than four consecutive weeks; or
works on
a night shift, which does not rotate or alternate with another shift or with
day work so as to give at least one-third of the working time off night shift
in each shift cycle;
shall
during such engagement, period or cycle, be paid 30 per cent more than the
ordinary rate for all time worked during ordinary working hours on such night
shifts.
(vii) Except as provided in subclause (viii), of
this clause, no shift premium shall be paid for early morning or day shifts.
(viii) The minimum rate to be paid to any shift
worker for work performed between midnight on Friday and midnight on Saturday
shall be time and one-half. Such extra
rate shall be in substitution for and not cumulative upon the shift premiums
prescribed in the first and second paragraphs of subclause (vi), of this
clause.
(a) A shift worker required to work overtime
on a Saturday, Sunday or public holiday shall be afforded at least four hours
work or paid for four hours at the appropriate rate, except where such overtime
is continuous with overtime commenced on the previous day or in relation to
regular change of shift.
(b) A shift worker for all time worked in
excess of eight hours or outside the ordinary working hours prescribed or on a shift
other than a rostered shift shall--
if employed on
continuous work be paid at the rate of double time; or
if employed on other shift work
be paid at the rate of time and one-half for the first two hours and double
time thereafter; except in each case where the time is worked-- by arrangement
between the employees themselves; for the purpose of effecting the customary
rotation of shifts; or
is due to the
fact that the relief employee does not come on duty at the proper time.
Provided that when not less than
eight hours' notice has been given to the employer by the relief that he or she
will be absent from work and the employee who should be relieved is not
relieved, the unrelieved employee shall be paid at the rate of time and
one-half for the first four hours on duty after having finished his or her
ordinary shift and a rate of double time thereafter, provided that where the
employee is required to continue to work on his or her rostered day off the
rate shall be double time.
In all such
calculations shift premiums shall be excluded.
(c) In calculating overtime each shift shall stand alone.
Provided that where the adoption
of any particular roster results in the regular working of a shift at overtime
rates, the overtime in question may be regarded as having accrued in equal
amount during the weeks of the shift cycle, and, if requested by a majority of
the shift workers concerned, be paid accordingly instead of being paid in the
pay week in which it is worked.
(x) Sundays and Holidays--A shift worker on
continuous shift for work done on a rostered shift, the major portion of which
is performed on a Sunday, shall be paid at the rate of double time. A shift worker on continuous shift for work
done on a rostered shift the major portion of which is performed on a holiday,
shall be paid at the rate of double time with a minimum of four hours. A shift worker on other than continuous work
for all time worked on a Sunday or holiday shall be paid double time and one-half. Where shifts commence between 11.00
p.m. and midnight on a Sunday or
holiday the time worked before midnight shall not entitle the employee to the
Sunday or holiday rate: Provided that the time worked by an employee on a shift
commencing before midnight on the day preceding a Sunday or holiday and
extending into a Sunday or holiday shall be regarded as time worked on such
Sunday or holiday.
(xi) Requirements to Work Reasonable
Overtime--An employer may require any employee to work reasonable overtime at
overtime rates and such employee shall work overtime in accordance with such
requirement.
(xii) Daylight Saving--Notwithstanding anything
contained elsewhere in this award, where by reason of the legislation of the State
Government, summer time is prescribed as being an advance of the standard time
of the State the length of any shift:
(a) commencing before the time prescribed by
the relevant legislation for the commencement of summer time period: and
(b) commencing on or before the time
prescribed by such legislation for the termination of a summer time period,
shall be
deemed to be the number of hours represented by the difference between the time
recorded by the beginning of the shift and the time so recorded at the end
thereof, the time of the clock in each case to be set to the time fixed
pursuant to the State legislation.
In this
subclause the expression "standard time" and "summer time"
shall bear the same meaning as are prescribed in the legislation.
(xiii)
(a) When overtime work is necessary it shall
wherever reasonably practicable, be so arranged that employees have at least
ten consecutive hours off duty between the work of successive days. An employee (other than a casual) who works
so much overtime between the termination of his or her ordinary work on one day
and the commencement of his or her work on the next day that the employee has
not had at least 10 consecutive hours off duty between those times, shall,
subject to subclause (b), be released after completion of the overtime until
the employee has had 10 consecutive hours off duty without loss of pay for
ordinary working time occurring during that time off duty.
(b) If on the instructions of his or her
employer such an employee resumes or continues work without having had 10
consecutive hours off duty the employee shall be paid at the rate of double
time for all time so worked until the employee is released from duty and the
employee shall then be entitled to be absent from work without loss of pay for
ordinary working time until the employee has had 10 consecutive hours off duty.
(c) The provisions of subclause (b) shall
apply in the case of shift workers who change from one shift to another as if
eight hours were substituted for ten hours when overtime is worked for the
purposes of changing shift rosters, or where a shift worker does not report for
duty, or where a shift is worked by arrangement between employees for their own
personal benefit.
22. Overtime (Day Workers)
(i) Notwithstanding anything elsewhere
contained in this award, all overtime on any day other than a Sunday or a
public holiday shall be paid for at the rate of one and one-half times the
ordinary rate for the first two hours and two times the ordinary rate
thereafter.
(ii) In calculating
overtime each day shall stand alone.
(iii) An employee
shall work reasonable overtime as directed by his employer.
(iv) An employee required to work overtime on
a Saturday, Sunday or public holiday shall be afforded at least four hours' work
or paid for four hours at the appropriate rate except where such overtime is
continuous with overtime commenced on the previous day.
(v) When overtime work is necessary it shall
wherever reasonably practicable, be so arranged that employees have at least
ten consecutive hours off duty between the work of successive days. An employee
(other than a casual) who works so much overtime between the termination of his
or her ordinary work on one day and the commencement of his or her work on the
next day that the employee has not had at least 10 consecutive hours off duty
between those times, shall, subject to subclause (vi), be released after
completion of the overtime until the employee has had 10 consecutive hours off
duty without loss of pay for ordinary working time occurring during that time
off duty.
(vi) If on the instruction of his or her
employer such an employee resumes or continues work without having had 10
consecutive hours off duty the employee shall be paid at the rate of double
time for all time so worked until the employee is released from duty and the
employee shall then be entitled to be absent from work without loss of pay for
ordinary working time until the employee has had 10 consecutive hours off duty.
Time Off in Lieu of
Overtime
(vii) Time off in lieu of overtime may be taken
by mutual agreement between the employer and employee. Such time off in lieu shall be calculated at
the appropriate overtime rate payable for the overtime worked.
(viii) Time off in
lieu may be taken in either of the following ways:
(a) By the full overtime rate being accrued as time off in lieu.
(b) By overtime worked being paid at the
employee's ordinary rate of pay with the penalty component of the overtime
worked being taken as time off in lieu.
(ix) Any accumulated time off in lieu must be
paid out upon termination at the employee's appropriate rate of pay on the date
of termination.
(x) Accumulation
of time off in lieu shall be to a maximum 1 day per fortnight.
(xi) This clause shall not be used to discriminate
against particular employees with respect to the allocation of overtime to
those employees at a particular enterprise or within a section of an
enterprise.
23. Public Holidays
(i) An employee on weekly hiring shall be entitled
without loss of pay, to public holidays as follows: New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Eight-Hour Day or Labour Day, Christmas Day, Boxing Day, or such other day as
is generally observed in a locality in addition to, or as a substitute for, any
of the said days respectively.
(ii) In addition to the public holidays
prescribed in subclause (i), of this clause, one additional public holiday
shall apply to an employee on weekly hire:
on a date to be determined from year to year by agreement
between the union and representatives of the employers.
(iii) Where Anzac
Day falls on a Saturday or Sunday it shall be observed on the following Monday.
(a) Where Christmas Day falls on a Saturday
or on a Sunday, the following Monday and Tuesday shall be observed as Christmas
Day and Boxing Day respectively.
(b) Where Boxing Day falls on a Saturday,
the following Monday shall be observed as Boxing Day.
(c) Where New Year's Day falls on a Saturday
or on a Sunday, the following Monday shall be observed as New Year's Day; and
the said Saturday and/or Sunday shall be deemed not to be holidays.
(iv) By agreement between any employer and the
employees, other days may be substituted for the said days or any of them as to
such employer's undertaking.
(v) In addition, employees on weekly hire
shall be entitled to a day agreed between the union and the employees as union
picnic day without the loss of pay.
(vi) Where a public holiday prescribed by this
clause is observed on the rostered day off of a continuous shift worker (as
defined), the employee shall be paid for eight hours at the ordinary time rate
or, by agreement between the employer and the employee, be granted a day off in
lieu or have an additional day added to the annual leave in respect of such
holiday.
24. Annual Leave
(i) All full-time weekly hired employees
shall on completion of 48 weeks of work of forty hours each with the employer,
be entitled to four weeks' leave paid for at the ordinary time rate of pay as
prescribed by this award for the employee's classification.
(ii) Subject to subclause (iii), of this
clause, annual leave shall be given and taken at such time and in such periods as
are required by the employer provided that other than by mutual consent annual
leave shall be given in one continuous period of four weeks or not more than
two periods one of which shall be not less than two weeks in duration.
(iii) Where the employer intends temporarily to
close (or reduce to a nucleus) the establishment or a section thereof for the
purposes (inter alia) of allowing annual leave to the employees concerned or a
majority of them the employer may give in writing to such employees one month's
notice (or in the case of any employees engaged after giving such notice,
notice on the date of the employee's engagement) that the employer elects to
apply the provisions of this subclause, and thereupon:
(a) any such employee who at the date of
closing is entitled to annual leave shall be given such annual leave commencing
on and from the date of closing and, in addition, shall be paid holiday pay and
proportionate annual leave loading for any period of employment after the
accrual of his or her right to the annual leave and up to but excluding the
date of closing;
(b) any such employee who at the date of
closing is not entitled to annual leave shall be given leave without pay as on
and from the date of closing and shall be paid holiday pay and proportionate
annual leave loading for that period of employment since the date of
commencement thereof or the accrual of his or her last annual holiday
(whichever is the later) and up to but excluding the date of closing, together
with pay for any public holiday during such leave for which the employee is
entitled to payment; and
(c) the next annual leave qualifying period
of employment for every such employee shall commence as on and from the date of
closing.
(iv) In subclause (iii), of this clause,
"date of closing" in relation to each employee means the first day of
annual leave or unpaid leave pursuant to subclause (iii).
(v) Annual leave
shall be in addition to public holidays provided for in this award.
(vi) An employee whose services are terminated
shall be entitled to all accrued leave or payment in lieu thereof. In respect of the time worked since the
employee's last leave entitlement date leave shall be calculated in the
proportion which that period bears to a calendar year.
(vii) A shift worker permanently engaged on
continuous rostered shifts or engaged on permanent night shifts for the whole
of the year in respect of which leave is granted shall be entitled to five
weeks' leave in lieu of four as provided in subclause (i), of this clause, and
pro-rata for any period less than one year.
25. Annual Leave Loading
A weekly hired employee who is entitled to annual leave or
payment in lieu thereof, in accordance with the provisions of this award shall,
at the time of taking such annual leave, be entitled to an additional payment
in respect of the period of employment to which the annual leave is referable
calculated on the basis of three and one-third hours' ordinary pay for each
month of service. This clause shall not
apply to payment made in lieu of annual leave accrued due to summary dismissal
of an employee.
26. Sick Leave
(i) A proportionate deduction shall be made
from a weekly hired employee's wages for all time lost through absence from
work without leave of the employer excepting on account of illness or accident.
(ii)
(a) When a weekly hired employee is absent
from work owing to illness or accident the employer may require the employee to
produce a doctor's certificate or other satisfactory proof of illness.
(b) A statutory declaration by the employee
containing sufficient detail to enable the employer to assess whether a claim
for payment under this clause is established shall be regarded as prima facie
satisfactory proof in cases of up to two days' absence.
(c) An employee shall notify the employer as
to his or her inability to attend for work on account of illness or
injury. This notification shall,
whenever practicable, be within twenty-four hours of the commencement of the
absence.
(iii) The employer shall not be liable to pay a
weekly hired employee for absence due to illness unless such employee has been
employed continuously for three calendar months: Provided that once an employee
has completed three continuous months of service he or she shall be entitled,
subject to this clause, to sick leave not exceeding two and one-half days
occurring during such three months' period.
(iv) Save for accumulated sick leave and
subject to this clause the employer shall not be liable to pay a weekly hired
employee for absence due to illness for more than eight days in each year.
Provided that:
(a) A weekly hired employee in the employ of
the employer as at 25 February 1980 shall, subject to the provisions contained
in (iii), of this clause, be entitled to two additional days leave without loss
of pay, during his or her current sick leave year.
(b) A weekly hired employee who commences
employment with the employer after 25 February 1980 shall during the first year
of employment and subject to the provisions contained in subclause (iii), of
this clause, be entitled to be paid for absence due to illness at the rate of
6.66 hours for each completed month of service.
(c) Thereafter a weekly hired employee shall
be entitled to be paid for absence due to illness for 10 days in each year.
(d) A weekly hired employee who has been
employed continuously by the same employer may accumulate any unclaimed sick
leave credits.
(v) The employer shall not be liable for
sick pay to any employee whose illness is due to an injury covered by workers'
compensation legislation.
(vi) "Year"
in this clause means the year of anniversary of service of the employee.
(vii) Payment of
sick leave shall be at the employee's appropriate hourly rate.
(viii) Where as a result of an injury received in the
course of employment, an employee is required to attend at a hospital, medical
clinic, industrial nurse, or physiotherapist and such attendance is not during
any period to which workers' compensation payments or accident pay applies the
employee shall be paid for such period of absence at the appropriate hourly
rate with a maximum of four hours.
27. Personal/Carer's Leave
(a) An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph (c), who needs the employee's care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 26, Sick Leave, for
absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person
related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household" means a family
group living in the same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee may elect, with the
consent of the employer, to take unpaid leave for the purpose of providing care
and support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the purpose only of providing care
and support for a person in accordance with subclause (1) of this clause, and
despite the provisions of clause 22, Overtime, relating to Time Off in Lieu of
Overtime, the following provisions shall apply.
(b) 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.
(c) 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.
(d) If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
(e) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
(5) Make-up Time
(a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours, and works those hours at a later time, during
the spread of ordinary hours provided in the award, at the ordinary rate of
pay.
(b) An employee on shift work may elect,
with the consent of the employer, to work "make-up time" (under which
the employee takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
(6) Rostered
Days Off
(a) An employee may elect, with the consent
of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent
of the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the
employer informing each union which is both party to the award and which has
members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
28. Attendance at Repatriation
Centres
Employees being ex-servicemen or ex-servicewomen shall be
allowed as time worked, lost time incurred whilst attending repatriation
centres for medical examination and/or treatment providing that:
(a) Such lost time does not exceed eight hours on any one
occasion.
(b) Payment shall be limited to the
difference between the appropriate hourly rate for the period and any payment
received from any other source in respect of such attendance.
(c) The employee produces satisfactory
evidence of the requirement to attend and proof of attendance.
29. Accident Pay
(i) An employer shall subject to this
clause pay or cause to be paid and an employee shall be entitled to receive
accident pay in accordance with the provisions of this award when totally or
partially incapacitated whether permanently or temporarily by injury. "Injury" and
"incapacity" shall have the same meaning as in the Workers'
Compensation Act, 1987.
(ii) Accident pay shall not be payable in respect
of accident or injury occurring within the first five working days of an
employee's service nor subject to 29 (iv) hereof for the first five working
days following the occurrence of an accident or injury to the employee. The period of accident pay for any one
injury shall be limited to a total of thirty-nine weeks' payment in respect of
any one accident or injury.
(iii) The weekly amount of accident pay to
which an employee shall be entitled shall be not more than the difference
between the employee's ordinary rate (excluding shift premiums) and the total
of any sums paid to him or her under the Workers'
Compensation Act, 1987, and any sums earned by him or her in the same
employment or otherwise or that he or she is able to earn from suitable employment
during such period.
(iv) Where as the result of an injury to which
this clause applies an employee is absent for more than ten working days, the
employee shall be entitled to accident pay at the appropriate rate for the
first five working days of such absence but shall not be entitled to a total of
more than thirty-nine weeks' payment.
(v) Accident pay will not be payable in
respect of any period of paid annual leave, long service leave, sick leave or
for any paid public holiday.
(vi) On an injury occurring the employee shall
give notice thereof in writing together with all necessary details to the
employer.
(vii) Nothing herein contained shall restrict or
remove the employer's right to require the employee to submit to medical
examinations pursuant to the Workers' Compensation Act, 1987, and failure to so
submit to examination shall entitle the employer to cancel or suspend payments
of accident pay as if such payments were payments under such Act.
(viii) Where a medical Referee or Board within the
meaning of the Workers' Compensation Act, 1987, certifies that the employee is
fit for his or her employment or for specified employment which is made
available to or is available to the employee and the employee refuses or fails
to resume or perform such employment then all payments of accident pay shall
immediately cease and determine from the date of such refusal or failure.
(ix) Where accident pay is payable for part of
a week only such payments shall be pro rata to a full week's entitlement.
(x) When there is a redemption of weekly
payments by the payment under the Workers'
Compensation Act, 1987, of a lump sum, there shall be no further liability
for Accident Pay under this clause in respect of an injury (for which weekly
payments have been recovered) from the date of the said redemption.
(xi) Notwithstanding subclause 29 (xii)
hereof, any employee who is receiving or who has received Accident Pay in
respect of an injury shall furnish all relevant information to the employer
concerning any action he or she may institute or any claim he or she may make
for damages in respect of that injury and shall if required authorise such
employer to obtain information as to the progress of such action or claim from
the employee's solicitors and shall if required provide an irrevocable
authority to the employer entitling the said employer to a charge upon any
money or moneys payable pursuant to any subsequent verdict or settlement.
(xii) Where the employee obtains a verdict for
damages against the employer or is paid an amount in settlement of any claim
for damages that he or she has made against the employer in respect of any
injury for which he or she has received compensation under the Workers'
Compensation Act, 1987, and accident pay, such employee shall not be entitled
to any further accident pay within the meaning of this clause and shall be
immediately liable upon payment to him or her or his or her agent of such
verdict for damages or amount in settlement of a claim therefore to repay to
the employer the amount of accident pay which the employer has paid in respect
of the employee's injury under this clause and hereby irrevocably authorises
the employer to retain from such verdict or amounts in settlement such accident
pay and apply it the employee’s own use.
(xiii) Where the injury for which accident pay is
paid was caused under circumstances creating a legal liability in some person
other than the employer to pay damages in respect thereof and the employee
obtains a verdict for damages or is paid an amount of money in settlement of
any claim for damages made against that other person, such employee shall
immediately upon payment of such verdict or amount of money to him or her or
his or her agent, repay to the employer the amount of accident pay which the employer
has paid in respect of the employee's injury and the employee shall not be
entitled to any further accident pay and shall upon institution of any such
claim deliver to the employer an irrevocable authority addressed to such other
person, to pay to the employer out of such verdict or settlement the amount of
accident pay.
(xiv) Any employee who is receiving or who has
received accident pay in respect of any injury shall if required by the
employer or other person on his or her behalf authorise the employer to obtain
any information required by such employer concerning such injury or
compensation payable in respect thereof from the insurance company that is
liable to pay compensation to such employee pursuant to the Workers' Compensation Act, 1987.
(xv) Nothing in this clause shall require the
employer to insure against their liability for accident pay nor shall it affect
the right of the employer to terminate the employment of an employee.
(xvi) An employee upon being dismissed by the
employer whilst absent on workers' compensation, shall continue to receive
accident pay as prescribed herein up to a maximum of fifty-two weeks, provided
that the employee continues to receive compensation payments as prescribed by
the Workers' Compensation Act, 1987.
(xvii) In the event of the rate of compensation
payable pursuant to the Workers'
Compensation Act, 1987, being varied at any time after the date hereof,
such variation shall not operate so as to increase the amount of accident pay payable
hereunder above the amount that would have been payable if such rates of
compensation had not been varied.
(xviii) If the compensation payable to an employee
pursuant to the Workers' Compensation Act,
1987, is reduced by any amount by reasons of the fact that such employee is
entitled to receive accident pay or is in receipt of accident pay then in
calculating the amount of accident pay payable to such employee the
compensation payable to such employee shall be deemed to be the compensation
that would have been received if there had been no such reduction in
compensation payments.
(xix) The right to be paid accident pay shall
terminate on the death of an employee entitled thereto and no sum shall be
payable to the legal personal representative, next-of-kin, assignee or
dependant of the deceased employee, with the exception of accident pay up to
the time of death.
30. Fire Protection
(i) Fire Squad--Wherever it is practicable
to do so, a Fire Fighting Squad shall be formed at each factory site.
(ii) Site Safety--No employee shall smoke or
have in his or her possession, custody or control, matches, lighters or
igniters in any area of the employer's premises not designated a safe area by
the employer.
31. Special Leave
(i) Jury
Service:
(a) A weekly hired employee required to
attend for jury service during ordinary working hours shall be reimbursed by
the employer an amount equal to the difference between the amount paid in
respect of the attendance for such jury service and the amount of wage that he
or she would have received in respect of the ordinary time which the employee
would have worked had he or she not been on jury service.
(b) An employee shall notify the employer as
soon as possible of the date upon which he or she is required to attend for
jury service. Further the employee
shall give the employer proof of attendance, the duration of such attendance
and the amount received in respect of such jury service.
(c) An employee called up and subsequently
not required for jury service shall report for work as soon as practicable
after being informed that he or she is not so required.
(ii) Attendance at Blood Bank--An employee
shall not suffer any deduction in pay where during normal working hours he or
she attends the blood bank and donates blood.
It shall be the responsibility of the employee to arrange a mutually
convenient time with the employer.
32. Bereavement Leave
(i) An
employee other than a casual employee shall be entitled to up to two days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in (iii) below.
(ii) The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Clause 27 Personal/Carers Leave of this award
provided that for the purpose of bereavement leave , the employee need not have
been responsible for the care of the person concerned.
(iv) An
employee shall not be entitled to bereavement leave under this clause during
any period in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under Clause 27
Personal/Carer’s leave of this Award. In determining such a request the
employer will consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
33. Industrial Clothing
(i) The
employer shall provide for the use of employees on site the following:
(a) Clean overalls weekly to each employee or more frequently if
necessary.
(b) As from the date of this award, one pair
of safety boots or shoes, upon request, to each employee whose work
necessitates their use. Such boots or
shoes will only be replaced once every twelve months unless in the opinion of
the employer they have worn out by usage on site.
(c) Gloves, rubber boots and protective
aprons, respirators and protective goggles upon request to each employee whose
work necessitates their use.
(d) Wet weather clothing for yardmen when working in the rain.
(e) A cap for employees regularly working with dry pigments.
(ii) All
industrial clothing so provided shall remain the property of the employer.
(iii) Prescription Safety Glasses--The employer
shall provide prescription safety glasses where the employee is required to
carry out any function or work in any area where the wearing of safety glasses
is a standard practice; and where such an employee normally wears spectacles
prescribed by a medical practitioner or other qualified person.
34. Amenities
Employers shall provide for--
(a) Hot and cold showers and hand basins to be made available for
all employees.
(b) Nail brushes, towels and soap shall be supplied weekly to all
employees by the employer.
(c) Suitable lavatory and changing room facilities.
(d) Lockers for protection of clothing.
(e) Lunch rooms.
(f) A sufficient supply of boiling water.
(g) Suitable first-aid kits.
(h) A notice board in the lunch room.
35. Right of Entry of Union
Officials
(i) For the purpose of interviewing
employees on legitimate union business a duly accredited union representative
shall have the right to enter an employer's premises during normal working
hours at a mutually convenient pre-arranged time on the following conditions:
(a) That the representative produces his or
her authority to the manager of such premises or such other person as may be
appointed by the employer operating such premises.
(b) That the representative interviews employees only at a place
nominated by the employer.
(c) That the representative informs the
employer of the nature of the business to be discussed.
(d) That if an employer alleges that a
representative is unduly interfering with the operation of the premises or is
creating dissatisfaction amongst the employees or is offensive in his or her
methods or is committing a breach of any of the previous conditions, such
employer may refuse the right of entry but the representative shall have the
right to bring such refusal before the Commission.
(ii) A union representative shall be a duly
accredited representative of the union if such representative be the holder for
the time being of a certificate signed by the branch secretary of that
organisation and bearing the seal of that organisation.
36. Inspections
Subject to prior consent having been given, an employer
shall have the right to inspect the contents of bags, containers, materials or
vehicles being brought on to or about to be taken off a site.
37. Disputes Resolution
(i) Where an employer or the union is faced
with a dispute or a situation likely to lead to a dispute, he/she or it (as the
case may be) shall, without prejudice to his/her or its rights and duties under
the Act, immediately advise the union or the employer, as the case may be, and
the parties shall forthwith confer.
(ii) All disputes (other than a dispute on a
genuine safety issue) shall be resolved without interruption to normal work.
(iii) Disputes
shall be dealt with in the following manner as swiftly as circumstances permit:
(a) Discussions shall firstly be between the
union delegate and the nominated company representative.
(b) If unresolved, discussions shall then be
between the State Branch of the union and the company concerned.
(c) If unresolved, discussions shall then be
between the Federal Office of the union and the employer organisation
representing the company.
(d) If still then unresolved, any party may
refer the matter to the Industrial Commission of New South Wales.
(iv) Where a dispute arises due to a summary termination,
then, provided there is no ban or work stoppage at the site, the employer
concerned may arrest the summary termination and place the employee involved
under suspension while the circumstances are discussed between the employer and
the union. An employee so suspended
shall not attend the work site but shall be entitled to his/her ordinary rate of pay for up to 10 working days or such
earlier date as the employer and the union reach agreement on the matter.
(v) Notwithstanding the above, an employer
and employees may agree, at the level of enterprise, to deal with grievances in
an alternative manner (in whole or in part).
38. Industry Meetings
(i) Meetings of Employees--Where the union
calls a meeting of all employees in the industry to discuss a change of
significance to this award and such meeting is to be during ordinary working
hours, then employees attending the meeting shall do so without loss of
ordinary pay subject to the following:
(a) The time and date of the meeting shall be discussed between
the union and the employer.
(b) The meeting shall be held between Monday and Friday,
inclusive.
(c) Where such a meeting is held in the
forenoon employees shall resume normal work immediately after the meeting and
not later than normal resumption time after the midday meal period.
(d) An employer shall not be liable to pay
an employee for more than two such meetings in any one year, nor for more than
three hours ordinary time in respect of each meeting.
(e) An employee shall establish to the
satisfaction of the employer that he or she attended the meeting. For the purposes of this subclause an
attendance sheet or record with the employee's name clearly printed and signed
by the employee and stamped and dated by the union will be satisfactory
compliance.
(ii) Delegates' Meetings--The delegate
representing members of the union at the site of an employer shall be entitled
to the benefit of subclause (i), of this clause, subject to the same provisos, save
that such delegate's entitlement shall be in respect of four meetings per year
in lieu of two as set out in subclause (i) (d), of this clause.
(iii) Commission Dispute Hearings--Where a
dispute under this award has been referred to the Commission and the employer
concerned agrees it will assist in obtaining a resolution that the site
delegate attend proceedings at the Commission, then such delegate will not
incur loss in ordinary time pay in respect of such attendance.
39. Travelling and Fares
(i) An employee temporarily transferred to
a work site located away from the normal work site, which involves the employee
having to pay a higher fare in proceeding to and from his or her home, shall be
reimbursed such excess fare. Provided
that where, by agreement between an employer and an employee so transferred,
the employee uses his or her own vehicle, such employee shall in lieu of excess
fares be entitled to an amount per kilometre as set out in Item 6 of Table 3 -
Allowances, of Part B, Monetary Rates, in respect of each kilometre necessarily
travelled in excess of the distance to and from his or her home and the normal
work site.
(ii) An employee required to travel from the
normal work site to another work site shall be reimbursed fares, or where, by agreement,
the employee uses his or her own vehicle, such employee shall be entitled to an
amount as set out in Item 7 of Table 3 for each kilometre necessarily travelled
to and from that other site.
40. Trade Union Training
Employees nominated by the union to attend during ordinary
working hours the recognised trade union training centre do so without loss of
ordinary pay subject to the following:
(a) That the employer concerned receive
written notice of nomination from the union, setting out the times, dates,
content and venue of the course.
(b) That not more than one person at a time
from any one site shall be nominated and not more than 15 days shall be
approved by a company.
(c) Attendance at an approved course or
number of courses shall be for periods agreed between the union and the
employer provided that attendance at such approved course or courses does not
exceed 15 days in the aggregate per year.
(d) That the employer is satisfied that the
course is of such a nature as to be calculated to assist in reducing labour
disputes and in advancing industrial relations in the industry.
41. Job Delegates
(i) An employee appointed job delegate in
the shop or department in which he or she is employed shall upon notification thereof
to the employer, be recognised as the accredited representative to the
employer, of the union to which he or she belongs. An accredited job delegate shall be allowed the necessary time
during working hours to interview the employer or the employer's representative
on matters affecting employees whom he or she represents.
(ii) Subject to the prior approval of the
employer, an accredited job delegate shall be allowed at a place designated by
the employer a reasonable period of time during working hours to interview a
duly accredited union official of the union to which he or she belongs on
legitimate union business.
42. Redundancy
(a) This clause shall apply in respect of
full-time and part-time employees employed in the classifications specified by
this award.
(b) This clause shall only apply to
employers who employ 15 or more employees immediately prior to the termination
of employment of employees.
(c) Notwithstanding anything contained
elsewhere in this award, this clause shall not apply to employees with less
than one year's continuous service and the general obligation on employers
shall be no more than to give such employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such step as may be
reasonable to facilitate the obtaining by the employees of suitable alternative
employment.
(d) Notwithstanding anything contained
elsewhere in this award, this clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
(1) Where an employer has made a definite
decision to introduce major changes in production, programme, organisation, structure
or technology that are likely to have significant effects on employees, the
employer shall notify the employees who may be affected by the proposed changes
and the union to which they belong.
(2) Significant effects include termination
of employment, major changes in the composition, operation or size of the
employer's workforce or in the skills required, the elimination or diminution
of job opportunities, promotion opportunities or job tenure, the alternation of
hours of work, the need for retraining or transfer of employees to other work
or locations and the restructuring of jobs.
Provided that
where this award makes provision for alternation of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(1) The employer shall discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in paragraph (a) of this subclause, the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion shall commence as early
as practicable after a definite decision has been made by the employer to make
the changes referred to in paragraph (a) of this subclause.
(3) For the purpose of such discussion, the
employer shall provide to the employees concerned and the union to which they
belong all relevant information about the changes, including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees; provided that any employer shall not be
required to disclose confidential information the disclosure of which would
adversely affect the employer.
(1) Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone pursuant to paragraph (a) of subclause (ii), Introduction
of Change, and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(2) The discussions shall take place as soon
as is practicable after the employer has made a definite decision which will
invoke the provision of subparagraph (1) of this paragraph and shall cover,
inter alia, any reasons for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate any adverse effects of any
termination on the employees concerned.
(3) For the purposes of the discussion the employer
shall, as soon as practicable, provide to the employees concerned and the union
to which they belong, all relevant information about the proposed terminations,
including the reasons for the proposed termination, the number and categories
of employees likely to be affected and the number of workers normally employed
and the period over which the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(a) Notice for Changes in Production,
Programme, Organisation or Structure - This paragraph sets out the notice
provisions to be applied to terminations by the employer for reasons arising from
production, programme, organisation or structure in accordance with paragraph
(a) of subclause (ii) of this clause.
(1) In order to terminate the employment of
an employee, the employer shall give to the employee the following notice:
Period of continuous
service Period of
notice
Less than 1
year 1
week
1 year and
less than 3 years 2
weeks
3 years and
less than 5 years 3
weeks
5 years and
over 4
weeks
(2) In addition to the notice above,
employees over 45 years of age at the time of the giving of the notice, with
not less than two years continuous service, shall be entitled to an additional
week's notice.
(3) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment
may be terminated by part of the period of notice specified and part payment in
lieu thereof.
(b) Notice for Technological Change - This
subclause sets out the notice provisions to be applied to terminations by the
employer for reasons arising from technology in accordance with paragraph (a)
of subclause (ii) of this clause:
(1) In order to terminate the employment of
an employee the employer shall give to the employee three months notice of
termination.
(2) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that
employment may be terminated by part of the period of notice specified and part
payment in lieu thereof.
(3) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of these Acts.
(c) Time off During the Notice Period
(1) During the period of notice of termination
given by the employer an employee shall be allowed up to one day's time off
without loss of pay during each week of notice, to a maximum of five weeks, for
the purpose of seeking other employment.
(2) If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
(d) Employee Leaving During the Notice
Period - If the employment of an employee is terminated (other than for
misconduct) before the notice period expires, the employee shall be entitled to
the same benefits and payments under this clause had the employee remained with
the employer until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment - The employer
shall, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee a written statement specifying the period
of the employee's employment and the classification of or the type of work
performed by the employee.
(f) Notice to Centrelink - Where a decision
has been made to terminate employees, the employer shall notify the Centrelink
as soon as possible, giving relevant information, including the number and
categories of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
(g) Centrelink Employment Separation
Certificate - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an Employment
Separation Certificate in the form required by the Centrelink.
(h) Transfer to Lower Paid Duties - Where an
employee is transferred to lower paid duties for reasons set out in
subparagraph (1) of paragraph (a) of subclause (ii), Introduction of Change, of
this clause, the employee shall be entitled to the same period of notice of
transfer as the employee would have been entitled to if the employee's
employment had been terminated and the employer may, at the employer's option,
make payment in lieu thereof of an amount equal to the difference between the
former ordinary-time rate of pay and the new ordinary-time rates for the number
of weeks of notice still owing.
(a) Where an employee is to be terminated
pursuant to subclause (iv) of this clause, subject to further order of the
Industrial Relations Commission of New South Wales, the employer shall pay the
following severance pay in respect of a continuous period of service:
(1) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
Years of service
|
Under 45 years of age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an employee is 45 years of age or
over, the entitlement shall be in accordance with the following scale:
Years of service
|
45 years of age and over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
"Week's Pay" means the
all-purpose rate of pay for the employee concerned at the date of termination and
shall include, in addition to the ordinary rate of pay, overaward payments,
shift penalties and allowances paid in accordance with this award
(b) Incapacity to Pay - Subject to an
application by the employer and further order of the Industrial Relations
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (a) of this subclause. The Commission shall
have regard to such financial and other resources of the employer concerned as
the Commission thinks relevant and the probable effect paying the amount of
severance pay in the said paragraph (a) will have on the employer.
(c) Alternative Employment - Subject to an
application by the employer and further order of the Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
the said paragraph (a) if the employer obtains acceptable alternative
employment for an employee.
(vi) Procedures Relating to Grievances -
Grievances relating to individual employees will be dealt with in accordance
with clause 37, Disputes Resolution.
43. Parental Leave
Refer Industrial
Relations Act 1996
44. Anti Discrimination
(i) It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity; age and responsibility
as a carer.
(ii) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award which, by its terms or
operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(v) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
45. Superannuation
(i) Definitions:
"P.M.I.S.S." means Paint Manufacturing Industry Superannuation
Scheme.
(ii) Eligibility of Employees: An employee
shall be eligible for membership of P.M.I.S.S on the first day of the month
following the completion of one calendar month's employment.
(iii) Eligibility of Employers: Employers bound
by this award shall become parties to P.M.I.S.S. upon the acceptance by the
Trustees of P.M.I.S.S. of a Deed of Adherence to that Scheme, duly signed by
the employer and the Trustee. It is a
condition of this clause that the terms of P.M.I.S.S. be in accordance with the Commonwealth's Operational Standards
for Occupational Superannuation Funds.
(iv) Contributions:
(a) On behalf of each full-time employee
member of P.M.I.S.S. each participating employer shall pay to the Trustee of
the respective Scheme contributions at the rate of $15.50 per week, and on
behalf of each part-time employee member of P.M.I.S.S. each participating
employer shall pay to the Trustee of the Scheme contributions at the rate of
$3.10 per day employed or part thereof.
(b) Contributions shall be made in respect
of each completed week of service for which an employee is a member of
P.M.I.S.S.
(c) Upon an employee being admitted as a
member of P.M.I.S.S. the employer shall pay to the Trustee of the scheme
appropriate contributions for the previous calendar month.
(d) A pro rata deduction shall be made from
the weekly contribution for each complete day an employee is absent from work
without authorisation.
45. Basis of Award and Leave
Reserved to Apply
In order to maintain uniformity in the industry, this award
is based on the Australian Paint Industry Award 2000.
Leave is reserved to the parties to apply at any time for a
variation of this award in order to make the rates and conditions of work uniform
with the said award of the Industrial Relations Commission so that the
uniformity in the industry dealt with by this award may be maintained.
46. Area, Incidence and
Duration
This award rescinds and replaces the Paint and Varnish
Makers, &c. (State) Award published 8 June 1983 (229 IG 1481) and all
variations thereof. It also rescinds
and replaces the Paint and Varnish Makers, &c. (State) Wages Adjustment and
Redundancy Award published 9 February 1996 (290 I.G. 685).
It shall take effect from the beginning of the first pay
period to commence on or after 19 June 1982, the nominal term for which has
already expired.
It shall apply to all classes of persons provided for herein
within the jurisdiction of the Paint Industry (State) Industrial Committee.
The changes made to the award pursuant to the Award Review
pursuant to Section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 IG 307) take effect on 6 June 2001.
Paint, Varnish Makers, &c.
(State) Industrial Committee Industries and Callings
Makers of paint, varnish, lacquer and lacquer thinners, dry
colours, white lead, red lead, and zinc white, and colour card and slat makers
employed in connection therewith, lead corroders, mill hand and assistants and
laboratory attendants, laboratory assistants and laboratory testers employed in
connection with the manufacture of paint and varnish in the State excluding the
County of Yancowinna;
Excepting--
Carters, grooms, stablepersons, yard persons, and drivers of
motor and other power-propelled vehicles;
Engine drivers and firepersons, greasers, trimmers,
cleaners, and pumpers engaged in or about the driving of engines, electrical
and oil-driven cranes (including mobile cranes), winch and motor drivers;
Storemen and Packers;
Excepting also employees of--
The Council of the City of Sydney;
And excepting further--
All employees within the Jurisdiction of the Wire Netting
Makers, &c.
(Lysaghts) Conciliation Committee.
PART B
MONETARY RATES
Table 1 - Wage Rates
ClassificationGrade
|
Former rate of pay
per week
$
|
SWC - 2000
$
|
Total rate per week
$
|
1
|
435.20
|
15.00
|
450.20
|
2
|
447.20
|
15.00
|
462.20
|
3
|
458.70
|
15.00
|
473.70
|
4
|
477.60
|
15.00
|
492.60
|
5
|
505.30
|
15.00
|
520.30
|
TABLE 2 - WAGE RATES - LABORATORY EMPLOYEES
Classification
Grade
|
Former rate of pay
per week
$
|
SWC - 2000
$
|
Total rate
per week
$
|
1
|
435.20
|
15.00
|
450.20
|
1A
|
447.20
|
15.00
|
462.20
|
2A
|
458.70
|
15.00
|
473.70
|
2B
|
518.90
|
15.00
|
533.90
|
2C
|
537.80
|
15.00
|
552.80
|
3
|
558.60
|
15.00
|
573.60
|
4
|
577.50
|
15.00
|
592.50
|
5
|
619.20
|
15.00
|
634.20
|
6
|
660.90
|
15.00
|
675.90
|
7
|
681.80
|
15.00
|
696.80
|
TABLE 3 - ALLOWANCES
Item No.
|
Clause No.
|
Brief Description
|
Amount ($)
|
1
|
5(i)(a)
|
Leading Hand: 1-10
employees
|
24.10
|
2
|
5(i)(b)
|
Leading Hand: 11
or more employees
|
34.20
|
3
|
5(ii)
|
Storeperson Working Singly
|
12.90
|
4
|
8(ii)
|
First Aid Allowance
|
12.30
|
5
|
17
|
Meal Allowance
|
9.60
|
6
|
39(i)
|
Excess fares - transfer
|
0.55 per km
|
7
|
39(ii)
|
Excess fares normal work site
|
0.55 per km
|
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.