REFRACTORY INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 5968
of 1999)
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Before Commissioner O'Neill
|
15 May 2001
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REVIEWED AWARD
1. Arrangement
Clause No Subject Matter
21. Annual Leave
22. Annual Leave Loading
38. Anti-Discrimination
2. Area Incidence and Duration
28. Attendance at Repatriation Centres
26. Bereavement Leave
10. Burners and Tunnel Kiln Operators
3. Consultative Mechanism
6. Contract of Employment
8. Counselling and Disciplinary Procedure
23. Days Added to Annual Leave
34. Dirty Work
41. Enterprise Arrangements
37. First Aid
13. Hours of Duty
40. Industrial Disputes and Grievance Procedure
27. Jury Service
11. Leading Hands
42. Leave Reserved
29. Long Service Leave
16. Overtime
30. Parental Leave
14. Part Time Employment
4. Payment of Wages
17. Penalty Rates
25. Personal/Carer's Leave
20. Public Holidays
35. Redundancy
36. Re-engagement
15. Rest Periods
19. Rostered Days Off
18. Shift Allowances
24. Sick Leave
5. State Wage Case Adjustments
31. Telephone
7. Termination of Employment
32. Tools
12. Transfers and Mixed Functions
39. Union Business
9. Wages
33. Wet Weather
Table 1 - Wages
Table 2 - Other Rates
and Allowances
2. Area, Incidence
and Duration
2.1 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Refractory Materials
Makers and Assistants (State) Award published 19 May 1995 (285 I.G. 1096) and
all variations thereof.
2.2 The changes
made to the award pursuant to the Award Review pursuant to section 19 (6) of
the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect from the beginning of the first pay period to commence on or after
15 May 2001.
2.3 This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
2.4 It shall apply
to makers of refractory materials and their assistants, of the classifications
herein specified, in the State, excluding the County of Yancowinna, within the
jurisdiction of the Refractory Materials Makers (State) Conciliation Committee
and being employees in the industries and callings assigned to the said
committee, excepting employees engaged:
(a) in or about
coal mines north of Sydney;
(b) in or about
coal mines in the South Coast district; and
(c) the Council of
the City of Sydney.
2.5 Bulli Tile and
Brick Proprietary Limited is exempt from this award in so far as refractory
materials employees are concerned. In lieu thereof, the employer shall observe,
and the employees shall receive, the rates and conditions of the Brick and
Paver Industry (NSW) Award.
3. Consultative
Mechanism
Each company shall establish a consultative mechanism and
procedures appropriate to its size, structure and needs for consultation and
negotiation on matters affecting its efficiency and productivity.
4. Payment of Wages
4.1 All wages and
earnings shall be paid weekly in cash (unless an exemption is otherwise agreed
upon) on each Thursday or Friday up to the end of the preceding Tuesday or
Wednesday, respectively, and shall be made available for collection by
employees not later than the usual finishing time on the pay day: Provided
that, in the case of a shift worker rostered off duty between the hours of 7.00
a.m. and 4.30 p.m. on any pay day, wages shall be made available not later than
the termination of the last shift worked by the employee immediately preceding
pay day. A shift worker not so paid presenting themselves for wages on pay day
shall be entitled to payment for an additional four hours at their ordinary-time
rate of pay.
(a) Should an
employee be discharged from their employment or be stood down on any day during
the week in accordance with clause 6, Contract of Employment, the employee
shall be paid
(i) if
discharged, all moneys due to the employee up to the time of dismissal;
(ii) if stood down
only, all wages due to the employee for the current pay period at the time of
being stood down.
(b) In lieu of the
payment as prescribed in paragraph (a) of this subclause, an employee not so
paid, presenting themselves for their wages on pay day at the usual place of
payment, shall be entitled to an additional four hours' pay at their
ordinary-time rate of pay.
4.2 In the event
of pay day falling on a Public Holiday, as defined in clause 20, Public
Holidays, all wages and earnings shall be made available for collection by
employees not later than the usual finishing time on the day immediately
preceding pay day.
5. State Wage Case
Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000. These adjustments may be offset
against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
6. Contract of
Employment
6.1 Employment
during the first three months shall be probationary, with either party able to
terminate on one day's notice. Thereafter employment will be weekly; provided
that an employee who has previously served with the company for a continuous
period of three months and is re-employed within 12 months by that company
shall be engaged by the week.
6.2 An employer
shall not be required to pay for any time an employee cannot be employed
usefully on Financial Members' Day or because of any strike or through any
breakdown in machinery or stoppage of work through any cause for which the
employer reasonably cannot be held responsible.
6.3 Employees will
participate in all training as required by the company from time to time.
6.4 An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
6.5 An employer
may direct an employee to carry out such duties and use such equipment as may
be required, provided that the employee has been properly trained.
6.6 Any direction
issued by the employer pursuant to subclauses 6.4 and 6.5 shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
7. Termination of
Employment
7.1 NOTICE OF
TERMINATION BY AN EMPLOYER
(a) In order to
terminate the employment of an employee the employer must give to the employee
a minimum of one weeks notice:
(i) Payment in
lieu of notice shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(ii) In
calculating any payment in lieu of notice the wages to be used must be those an
employee would have received in respect of the ordinary time that would have
been worked during the period of notice had the employment not been terminated.
(iii) The period of
notice in this clause will not apply to cases of dismissals pursuant to 7.3.
7.2 NOTICE OF
TERMINATION BY THE EMPLOYEE
(a) The notice of
termination required to be given by an employee is the same as that required of
an employer, and if the required notice is not given then up to one week’s pay
will be forfeited.
(b) Where an
employer and employee agree, the employee may be released prior to the expiry
of the notice period with payment of wages to the date of termination only.
7.3 DISMISSAL FOR
MISCONDUCT
An employer may dismiss any employee without notice for
misconduct and, in such cases, the employee shall be paid up to the time of
dismissal only.
7.4 ABANDONMENT OF
EMPLOYMENT
(a) The absence of
an employee from work for a continuous period exceeding three working days without
the consent of the company and without notification to the company shall be
prima facie evidence that the employee has abandoned employment.
(b) Provided that
the employee shall have seven days from the commencement of the unauthorised
absence in which to establish that the employee was absent with reasonable
cause to the satisfaction of the company.
(c) Failure to do
so will result in dismissal on the grounds of abandonment, with effect from the
commencement of the unauthorised absence.
8. Counselling and
Disciplinary Procedure
8.1 Agreements
setting out procedures for counselling and disciplining employees should be
adapted to suit the requirements of each company. Unless prior to the
implementation of this clause an agreed counselling and discipline procedure
was in place at a site the following will apply. This procedure does not apply
in cases of serious misconduct:
(a) No employee
will receive a formal written warning unless the employee has been previously
counselled on the matter in question.
(b) A record of
the counselling will be kept by the employer and the employee will be informed
that the counselling is a formal counselling.
(c) Written
warnings, when given, will detail the reason for the warning, future actions
expected of the employee and a space for the employee to record a response.
(d) No employee
will be terminated prior to receiving at least one counselling and two written
warnings unless the employee is being terminated for misconduct.
(e) An employee is
entitled to have a union delegate or other representative nominated by the
employee at each stage of the Counselling and Disciplinary procedure.
(f) Nothing in
this clause shall prevent an employer and their employees (or the Union as the
case maybe) from agreeing to any counselling and disciplinary procedure that
the parties deem to be appropriate to the needs of the business. A copy of any
such agreement must be provided to all employees covered by this Award. The
agreed procedure must be included any subsequent Enterprise Agreement.
9. Wages
9.1 The minimum
rates for employees shall be as set out in Table 1 - Wages, of Part B, Monetary
Rates, for the following classifications:
9.2 Definitions of
Classifications
(a) Refractory
Employee - Basic Entry - Minimum probationary period of three months.
(b) Refractory
Employee - Level 1 - Capable of undertaking manual tasks and simple operations
involving equipment. As part of undertaking these activities, a Level 1
employee will: undertake basic quality control procedures to ensure quality of
own work; undertake inventory and store control procedures and maintain simple
records; use basic keyboards for entry and extraction of information and
control of production.
(c) Refractory
Employee - Level 2 - Capable of operating process, testing, mobile and material
handling (including robotic) equipment on a regular rotating basis. As part of
undertaking these activities, a Level 2 employee will: apply basic process and
statistical control procedures; undertake quality control/assurance procedures;
understand concepts of team work and participate in process improvement;
possess keyboard skills for simple manipulation of data; record production and
quality data; possess Level 1 skills and knowledge.
(d) Refractory
Employee - Level 3 - A specialist with understanding and responsibility for
inspection, testing, recording, measuring and documenting process or product
quality; or capable of operating complex integrated processing systems. As part
of undertaking these activities, a Level 3 employee will: apply process and
statistical control techniques; be responsible for maintaining and improving
process and quality systems; ensure the quality of work of others; possess good
written communication skills; possess keyboard skills for statistical analyses
and spread sheeting; possess Level 2 skills and knowledge.
(e) Refractory
Employee - Level 4 - An employee at this level would possess a relevant formal
qualification or have equivalent in-house training; and understands and is
responsible for total process quality; operates complex testing equipment and
makes detailed analyses; or is an employee appointed as such in recognition of
a higher level of proficiency in operating and understanding the systems. As
part of undertaking these duties, a Level 4 employee will: be responsible for
developing process and quality systems; exercise discretion in relation to
process quality; undertake basic production planning; be able to operate as a
team leader; possess good oral communication skills; possess advanced keyboard
skills; possess Level 3 skills.
9.3 Industry
Allowance - In addition to the wage rates prescribed in Table 1 - Wages, of
Part B, Monetary Rates, an employee shall be paid an industry allowance as
shown in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B, to
compensate for all disabilities associated with the manufacture of refractory
materials and maintenance of manufacturing plant machinery, and includes:
(a) All cleaning
work, including cleaning in pits.
(b) Dusty or dirty
work.
(c) Hot work.
(d) Wet conditions
due to inclement weather.
(NOTE: For the purpose of computing overtime, etc., this
allowance shall form part of the employee's ordinary wage rate for the work
performed.)
10. Burners and
Tunnel Kiln Operators
Tunnel Kiln Operator - Not less than four men shall be
employed on each tunnel kiln, one on each shift on each tunnel kiln. They shall
only be required to attend to one tunnel kiln and shall not be required to do
any other work.
11. Leading Hands
11.1 A leading hand
is an employee appointed by a company to undertake additional responsibilities
over and above their normal duties, including but not limited to, the
following:
(a) Undertake
duties as delegated by the Supervisor.
(b) Be in charge
of the work of other employees.
(c) Make decisions
and direct employees on the job.
(d) Assist in
day-to-day planning, supervising, organising and controlling the use of
resources in the most effective way.
(e) Undertake
structured training.
(f) Responsible
for maintaining procedures.
(g) Communicate
information to other employees which is relevant to the effective utilisation
of resources and the efficient operation of the company.
11.2 In recognition
of these additional duties, a leading hand shall be paid an allowance as shown
in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
12. Transfers and
Mixed Functions
12.1 On any day or
shift any employee required to perform work of a higher grade shall be paid the
wages attached to such higher grade for the whole of that day or shift, but any
employee required to perform the work of any lower grade to that in which the
employee is classed shall not suffer any reduction of pay by reason only of
their working temporarily out of their grade. Such work shall not be considered
temporary if it continues for more than one week.
12.2 This clause
shall not apply when an employee performs work carrying a higher rate only
while relieving another employee absent on crib or meal break. In such
circumstances, the employee is to be paid at the higher rate for the actual
time so worked on the relieving day.
12.3 If a company
requires any employee to undertake part of the functions of another employee
who is not employed under the terms of this award, this shall be permitted at
site level, following agreement with the employees and unions concerned.
13. Hours of Duty
13.1 Day Workers -
(a) The ordinary
working hours of day workers shall average 40 per week, to be worked between
the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday, inclusive; provided the
spread of hours may be altered where the company and the majority of employees
in the plant or section agree.
(b) The daily
ordinary hours shall be eight, except that up to 12 hours per day may be worked
where the majority of employees in the plant or section agree.
(c) A break of 30
minutes can be taken no earlier than four hours after commencing work and
should be concluded no later than six and one-half hours after commencing work.
The actual commencement time of the break shall be arranged by the company,
bearing in mind the production needs from time to time. For the purposes of
this clause, the ten- minute morning rest period shall be deemed to be time
worked.
(d) Each company
shall be entitled to fix the starting and finishing hours for each plant or
section within the spread of hours in paragraph of this subclause and alter
them, from time to time, either by mutual consent or by posting up in a
convenient place in the plant, one week's notice of the change.
13.2 Shift Workers -
(a) The ordinary
working hours of shift workers shall average 40 per week as defined in clause
4, Payment of Wages, and shall not exceed 12 during any consecutive 24 hours.
(b) A shift
worker's shift shall consist of eight hours, inclusive of one paid crib break
of 30 minutes taken in accordance with paragraph 13.1(c), Day Workers, of this
clause. Shifts of between eight and 12 hours may be worked where the company
and the majority of employees in the plant or section agree.
(c) The company
can move an employee to another shift roster by agreement between the company
and the employee or after giving 48 hours' notice.
(d) The company
shall be entitled to fix the starting and finishing times of shift workers and
alter them by agreement with the majority of employees in the plant or section
or after giving one week's notice, posted up in a convenient place in the
plant.
(e) All the
employees are engaged on the basis that they may be required to do shift work either
permanently or on a relief basis.
(f) Any employee
required to work beyond the conclusion of their normal shift shall be paid at
overtime rates for any additional time.
(g) An employee
who is employed for less than five continuous shifts in any week shall be paid
in accordance with Table 1 - Wages, of Part B, Monetary Rates, and clause 16,
Overtime; provided also that where less than a full week is worked due to the
action of the employee, the rates payable for the actual time worked shall be
ordinary shift rates.
13.3 Where a day
worker is transferred to shift work or vice versa, or is reverting to their
usual working time and the need arises from the absence of the rostered
employee or from other circumstances beyond the control of the employer, then
the employee shall be given 48 hours' notice of the change and be paid overtime
rates for any work performed within such 48 hours and which does not fall
within the ordinary hours the employee was working when the notice was given.
14. Part-time Employment
14.1 An employee may
be engaged by the week to work on a part-time basis for a constant minimum
number of hours each week, which shall not be less than 19.
14.2 The spread of
hours shall be the same as those prescribed in clause 13, Hours of Duty.
14.3 Any hours
worked in excess of 40 per week shall be paid at overtime rates.
14.4 An employee so
engaged shall be paid one fortieth of the weekly rate for the hours worked,
except as provided for in subclause 14.3.
14.5 All other
entitlements such as sick leave, annual leave and long service leave, etc.,
shall be provided on a pro rata basis.
15. Rest Periods
All employees shall be granted a rest period of ten minutes
at a time convenient to each employer and such period shall be counted as time
worked.
16. Overtime
16.1 When
calculating overtime each day shall stand-alone.
16.2 EMPLOYEES OTHER
THAN SEVEN-DAY SHIFT WORKERS-
(a) All time
worked outside the limitations of ordinary time prescribed by clause 13, Hours
of Duty, or in excess of the daily weekly hours of labour, Monday to Friday
inclusive, shall be paid for at the rate of time and one-half for the first two
hours and double time thereafter.
(b) All time
worked on a Sunday shall be paid for at the rate of double time.
(c) All time
worked on any of the holidays as prescribed in clause 20, Public Holidays,
shall be paid at the rate of double time and a half.
16.3 SEVEN-DAY SHIFT
WORKERS
(a) The following
rates shall be payable to a rostered seven-day shift worker working on any day
which normally would be their rostered day off or working in excess of an
ordinary rostered shift:
(i) Monday to
Friday - time and one-half for the first two hours and double time thereafter.
(ii) Saturday or
Sunday - double time.
(iii) Financial
Members' Day or any of the holidays specified in the said clause 20 - double
time and one-half.
16.4 OVERTIME MEAL
ALLOWANCE
(a) An employee
who is required to work overtime in excess of two hours after their usual
ceasing time on any day shall, if the employee has not been notified on or
before the previous day that the employee will be so required to work, be paid
an allowance as shown in Item 3 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
(b) If an
employee, pursuant to notice, has provided a meal or meals and is not required
to work overtime or is required to work less than the amount advised, the
employee shall be paid as prescribed in Item 3 of Table 2 for meals which the
employee has provided but which are surplus.
(c) Before commencing
such overtime each employee shall be allowed a crib time of 20 minutes, which
shall be counted as time worked.
(d) Should the
overtime extend beyond five hours each employee shall be allowed, at the end of
five hours, a further crib time of 20 minutes, which shall be counted as time,
worked. Where the crib breaks are not able to be taken the employee may be paid
in lieu for the time worked at the appropriate overtime rate.
16.5 TIME OFF
BETWEEN SHIFTS
(a) When overtime
work is necessary, it shall, wherever practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive days.
(b) An employee
who works so much overtime between the termination of their ordinary work on
one day and the commencement of their ordinary work on the next day that the
employee has not had at least ten consecutive hours off duty between those
times shall, subject to this subclause, be released after completion of such
overtime until the employee has had ten consecutive hours off duty, without
loss of pay, for ordinary working time occurring during such absence.
(c) If, on the
instructions of their employer, such an employee resumes or continues work
without having had such ten hours off duty, the employee shall be paid at
double time rates until the employee is released from duty for such period and
the employee then shall be entitled to be absent until the employee has had ten
consecutive hours off duty, without loss of pay, for ordinary working time
occurring during such absence.
(d) The provisions
of this subclause shall apply as if eight hours were substituted for ten hours
when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty; or
(iii) where a shift
is worked by arrangement between the employees themselves.
16.6 RECALL TO DUTY
(a) An employee
recalled to work overtime after leaving their employer's business premises
(whether notified before or after leaving the premises) shall be paid for a minimum
of four hours' work at the appropriate rate for each time the employee is so
recalled.
(b) Except in the
case of unforeseen circumstances arising, the employee shall not be required to
work the full four hours if the job the employee was recalled to perform is
completed within a shorter period.
(c) This subclause
shall not apply in cases where it is customary for an employee to return to the
employer's premises to perform a specific job outside their ordinary working
hours, or where the overtime is continuous (subject to a reasonable meal break)
with the completion or commencement of ordinary working time.
(d) Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purposes of subclause 16.5 of this clause, where the actual
time worked is less than four hours on such recall or on each of such recalls.
16.7 OVERTIME ON WEEKENDS AND PUBLIC HOLIDAYS
Where an employee works overtime on a Saturday, Sunday or
public holiday, the employee shall be paid for a minimum of four hours' work.
The employee shall also receive a paid crib break of 20 minutes after each five
hours' overtime so worked.
17. Penalty Rates
17.1 SHIFT WORKERS
(OTHER THAN FIVE-DAY SHIFT WORKERS) -
(a) A six-day or
seven-day shift worker whose ordinary hours of work terminate on a:
(i) Saturday
shall be paid at the rate of time and one-half for the ordinary hours worked on
that shift.
(ii) Sunday shall
be paid at the rate of double time for the ordinary hours worked on that shift.
(iii) on the
Financial Members' Day or any of the, Public Holidays as defined by clause 20,
shall be paid at the rate of double time and one-half half for the ordinary
hours worked on that shift..
17.2 FIVE-DAY SHIFT
WORKERS
Shift workers working on a five-day shift system Monday to
Friday, inclusive, working an ordinary shift of eight hours terminating on any
of the holidays as specified in the said clause 20 shall be paid at the rate of
double time and a half.
18. Shift Allowances
18.1 (a) Shift workers on a rotating
day-afternoon, day-night or day-afternoon-night shift system, shall be paid, in
addition to their wages, an allowance as shown in Item 4 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
(b) Shift workers
on a rotating afternoon-night shift system (i.e., one in which day shift is not
worked at least one week in three) or on a permanent afternoon shift shall be
paid, in addition to their wages, an allowance as shown in Item 5 of the said
Table 2.
(c) Shift workers
on a permanent night shift shall be paid, in addition to their wages, an
allowance as shown in Item 6 of Table 2.
18.2 The excess
payments over ordinary rates prescribed by clause 16, Overtime, and clause 17,
Penalty Rates, shall be payable in lieu of the shift allowances prescribed by
this clause.
19. Rostered Days Off
Where Rostered Days Off fall on a Public Holiday, as
specified in clause 20, the day may be either taken at another time mutually
agreed upon between the company and the employee.
20. Public Holidays
20.1 (a) The days on which the following holidays
are observed shall be holidays for the purposes of this Award: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day, Boxing Day, any other day proclaimed or
gazetted as a Public Holiday throughout the State and the Financial Members'
Day of the Union which shall be held on the second Monday in November of each
year (or such other arrangement as is agreed upon between the employer,
employees and the union).
(b) Subject to the
provisions of subclauses 20.2, 20.3 and 20.4 of this clause, all employees
covered by this award shall be entitled to the abovementioned holidays and
shall receive payment for the said holidays at their ordinary rates of pay:
Provided that any such holiday falls on an ordinary working day or shift within
the meaning of clause 13, Hours of Duty.
(c) Employees not
required to work on holidays shall be paid at ordinary rates of pay for number
of hours the employee would have been required to work if that day was not a
holiday.
20.2 Payment for the
said Financial Members' Day shall be made only to financial members of the
Union, and the onus of proof of financial membership shall rest with the
accredited representative of the union, who shall advise the employer on the
Friday preceding Financial Members' Day.
(a) Payment shall
be made for the said holidays, subject to the condition that employees shall
have presented themselves for work on the working days immediately preceding
and succeeding the holidays specified herein and shall have worked the normal
working hours as required by the employer.
(b) Any absence
from duty on either or both of the days preceding or succeeding the holidays
owing to illness or injury covered by a certificate of a medical practitioner,
or by consent of the employer, shall not render an employee ineligible for
payment for the holidays.
(c) Where a group
of holidays as defined in paragraph 20.6 occurs, and an employee is found to be
not eligible for payment because of their non-compliance with any or all of the
conditions in this subclause, the employee shall forfeit payment for only one
day of the group of holidays.
20.3 Notwithstanding
anything elsewhere contained in this clause, employees engaged as other than
five-day shift workers on rostered shift work and who are rostered off duty on
any of the holidays specified herein shall be entitled, in respect of such
holidays, to payment of an additional day's pay for the pay period in which
such holiday occurs or, by mutual agreement, an additional day's leave may be
added to that employee's period of annual leave.
20.4 If within a
period of seven days prior to any holiday or the commencement of any group of
holidays, an employer terminates, for reasons other than wilful misconduct, the
employment of an employee who has been employed for a period of at least one
month prior to the termination of their employment or where such employee is
stood off, the employee shall be paid for that holiday or group of holidays,
such as the case may be.
20.5 Where two or
more of the holidays provided for in subclause 20.1 occur within one week such
holidays shall, for the purpose of this award, be deemed to be a group of
holidays.
21. Annual Holidays
21.1 Annual Holidays
shall be allowed to all employees as provided for by the Annual Holidays Act 1944, except as otherwise provided for in this
clause.
21.2 A seven day
shift worker, in addition to the Annual Holidays provided for by clause 21.1,
shall be entitled to:
(a) additional
Annual Holidays of one day for every 36 ordinary shifts worked as a seven-day
shift worker if during the year of their employment the employee has served for
only portion of the year as such seven-day shift worker; or
(b) one week’s
additional Annual Holidays if the employee has served the entire year as a
seven day shift worker.
21.3 Where the
additional Annual Holidays calculated under this subclause includes a fraction
of a day, the fraction shall not be taken as Annual Holidays period and shall
be discharged by payment only.
21.4 Where the
employment of an employee is terminated, then in addition to the Annual
Holidays payable under section 4 of the Annual Holidays Act, the employee also
shall be entitled to an additional payment of three and one-third hours at the
ordinary hourly rate for each 21 ordinary shifts of service as a seven-day
shift worker since the employees last Annual Holidays entitlement.
21.5 Regular burners
or kiln operators on seven-day shift work who have been transferred to other
classes of employment during the qualifying period owing to no kiln being
available for burning, shall be entitled to the additional Holidays as provided
in this clause.
21.6 A shift worker
shall be paid while on annual leave their ordinary pay plus shift allowances
and weekend penalties relating to ordinary time the shift worker would have
worked if they had not been on annual leave.
Provided that the shift allowances and weekend penalties should not
apply to public holidays which occur during a period of annual leave or for
days which have been added to annual leave in accordance with the provisions of
clause 20.4.
22. Annual Holiday
Loading
22.1 This clause
applies to annual holidays to which employees become entitled.
22.2 The loading is
payable in addition to the ordinary rate of pay for the period of the Annual
Holidays.
22.3 The loading is
payable at the rate of 17 1/2 per cent of the appropriate ordinary weekly rate
of pay prescribed by this award for the classification in which the employee
was employed immediately before commencing their annual Holidays, including
Leading Hand Allowance, but shall not include any other allowances, penalty
rates, shift allowances, overtime rates or any other payments prescribed by
this award.
22.4 No loading is
payable to an employee who takes an Annual Holidays wholly or partly in
advance. Provided that, if the employment of such an employee continues until
the day when the employee would have become entitled to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause 22.3 of this clause upon the award
rates of wages payable on that day.
22.5 Where the
employer, or part of it, is temporarily closed down for the purpose of giving
an annual holiday to its employees:
(a) An employee
with an entitlement to annual leave shall be paid the loading in accordance
with this clause.
(b) An employee
without an entitlement to an annual holiday but who is given and takes an
annual holiday without pay shall be paid a proportion of the loading on a pro
rata basis for the number of weeks actually employed.
22.6 (a) When the employment of an employee is
terminated by their employer for any cause other than
misconduct and at the time of the termination the employee
has not been given and has not taken the whole of the annual holiday to which
the employee became entitled, the employee shall be paid a loading calculated
in accordance with subclause 22.3 for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
22.7 A shift worker
who takes annual Holidays shall be paid the amount to which the employee would
have been entitled by way of shift work allowances and weekend penalty rates
for the ordinary time (not including time on a public or special holiday) which
the employee would have worked during the period of the holiday if that amount
exceeds the loading calculated in accordance with this clause.
23. Days Added to
Annual Holidays
23.1 In the event
that a Public Holiday(s), as defined by clause 20 occurs during an employee’s
period of Annual Holidays, the number of Public Holidays that occur during that
period shall be added to the end of the employee's period of Annual Holidays.
23.2 No loading
shall be paid on any days added to a period of Annual Holidays pursuant to
clause 23.1
23.3 In the case of
a five day shift worker this clause shall not apply to a Public Holiday that
falls on a Saturday or Sunday.
24. Sick Leave
24.1 An employee who
is absent from work by reason of personal illness or injury (not being illness
or injury arising out of the employee's misconduct or default or from an injury
arising out of or in the course of employment) shall be entitled to leave of absence,
without deduction of pay, subject to the following conditions and limitations:
(a) Day workers
shall, whenever practicable, within eight hours of the commencement of absence,
inform the employer of their incapacity to attend for duty, and as far as
practicable, state the nature of the illness or injury, and the estimated
duration of the absence. In the case of shift workers, notification must be
prior to the normal commencement time. Notification must be provided to a
nominated supervisor or company delegate.
(b) An employee
who is absent for more than three single days or two or more consecutive
working days must provide a medical certificate stating the period for which
the employee was unfit for work and the reason. Certificates must be provided
for all sick leave taken in conjunction with a public holiday.
(c) SICK LEAVE
ENTITLEMENT
(i) In the first
year with an employer, the employee shall be entitled to sick leave of 40 hours
of ordinary working time.
(ii) During the
second and subsequent years with an employer, the employee shall accrue sick
leave of 64 hours of ordinary working time each year.
(iii) Periods of
leave without pay shall not accrue entitlements to sick leave.
(d) The employee
shall not be entitled to payment in respect of any time lost on an ordinary
working day on which, had the employee attended for duty, the employee would
not have been required to work.
(e) The employee
shall be paid at the ordinary rate of pay for the sick day (or days).
(f) The payment
for any absence on sick leave in accordance with this clause during the first
three months of continuous service in the industry may be withheld by the
employer until the employee completes such three months, at which time the
payment shall be made.
24.2 The rights
under this clause shall accumulate from year to year so that any paid sick
leave, which has not been taken in any year, may be claimed by the employee in
a subsequent year.
24.3 For the purpose
of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall, in each case, be upon the employee); provided that any
time so lost shall not be taken into account in computing the qualifying period
of three months specified in paragraph 24.1(f).
24.4 For the purpose
of this clause, "year" shall mean the period of 12 months measured
from the date of employment and subsequent anniversaries.
25. Personal/Carer’s
Leave
25.1 USE OF SICK
LEAVE
(a) An employee
with responsibilities in relation to a class of person set out in paragraph (d)
who needs their care and support shall be entitled to use, in accordance with
this subclause, any sick leave entitlement which accrues after 15 September
1995 for absences to provide care and support for such persons when they are
ill.
(b) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person
concerned; and
(d) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(e) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave 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 first day of absence.
25.2 UNPAID LEAVE
FOR FAMILY PURPOSE.
An employee may elect, with the consent of the employer, to
take unpaid leave for the purpose of providing care and support to a class of
person set out in 25.1(d) above who is ill.
25.3 ANNUAL LEAVE
(a) To give effect
to this Clause, but subject to the Annual
Holidays Act 1944, an employee may elect, with the consent of the employer,
to take annual leave not exceeding five days in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph 25.3(a) above, 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.
26. Bereavement Leave
26.1 An employee,
other than a casual employee, shall be entitled to up to two days Bereavement Leave
without deduction of pay, up to and including the day of the funeral, on each
occasion of the death of a person within Australia as prescribed in subclause
26.3.
26.2 The employee
must notify the employer as soon as practicable of the intention to take
Bereavement Leave and will provide to the satisfaction of the employer proof of
death.
26.3 Bereavement
Leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Carer's Leave as set out in paragraph 25.1(d),
Carer's Leave, provided that, for the purpose of compassionate leave, the
employee need not have been responsible for the care of the person concerned.
26.4 An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
26.5 Bereavement
Leave may be taken in conjunction with other leave available under said
paragraph 25.1(d). In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
27. Jury Service
27.1 An employee
required to attend for jury service during their ordinary working hours shall
be reimbursed by the employer an amount equal to the difference between the
amount paid in respect of their attendance for such jury service and the amount
of wages the employee would have received in respect of the ordinary time the
employee would have worked had the employee not been on jury service.
27.2 An employee
shall notify their employer as soon as possible of the date upon which the
employee is required to attend for jury service. Further, the employee shall
give their employer proof of their attendance, the duration of such attendance
and the amount received in respect of such jury service.
28. Attendance at
Repatriation Centres
28.1 Employees being
ex-service personnel shall be allowed, as time worked, lost time incurred while
attending repatriation centres for medical examination and/or treatment;
provided that:
28.1.1 Such lost time
does not exceed four hours on each occasion.
28.1.2 Payment shall be
limited to the difference between ordinary wage rates for time lost and any
payment received from the Repatriation Department as a result of each visit.
28.1.3 The provisions
of this clause will apply to a maximum of four such attendances in any year of
service with the employer.
28.1.4 The employee
produces evidence satisfactory to the employer that the employee is required to
and subsequently does attend a repatriation centre.
29. Long Service
Leave
See Long Service
Leave Act 1955.
30. Parental Leave
See Industrial
Relations Act 1996.
31. Telephone
A telephone shall be made available, where practicable, to
all workers on shift in case of sickness, injury or other emergency.
32. Tools
All tools required by employees at their respective work
shall be provided by the employer but, in instances where such goods are lost
or destroyed by the absolute fault of the employee, the employee shall be
liable, if called upon, to restore or pay for same.
33. Wet Weather
If a question arises whether it is too wet to work it shall
be decided by three persons, one representing the employer, one of those
working under cover and one of those working not under cover, whose decision,
whether unanimous or not, shall be final.
34. Dirty Work
Where an employee covered by this award works on unusually
dirty work in direct association with an employee covered by another award,
federal or State, who receives protective clothing and/or payment of "dirt
money" in respect of such work, the employee shall receive from their
employer similar payment and/or clothing in the same manner as is prescribed by
the award governing the employment of the employee with whom the employee
works.
35. Redundancy
35.1 Application
(a) This clause
shall apply in respect to full time and part time persons employed in the
classifications specified by Clause 9, Wages.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks, or where employment is
terminated due to the ordinary and customary turnover of labour.
35.2 Introduction Of
Change
(a) EMPLOYER'S
DUTY TO NOTIFY
(i) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the Union to which they belong.
(ii) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where this award makes provision for
alteration, it shall be deemed not to have significant effect.
(b) EMPLOYER'S
DUTY TO DISCUSS CHANGE
(i) The employer
shall discuss with the employees affected and the Union to which they belong,
inter alia, the introduction of the changes referred to in subclause above, the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the Union in
relation to the changes.
(ii) The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in paragraph
35.2(a).
(iii) For the
purpose of such discussions, the employer shall provide to the employees
concerned and the Union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
35.3 Redundancy
(a) DISCUSSIONS
BEFORE TERMINATIONS
(i) Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone pursuant to subparagraph
35.2(a)(i), 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.
(ii) 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
35.2(a)(i) 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.
(iii) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the Union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
35.4 Termination Of
Employment
(a) NOTICE FOR
CHANGES IN PRODUCTION, PROGRAMME, ORGANISATION OR STRUCTURE
This subclause sets out the notice provisions to be applied
to terminations by the employer for reasons arising from production, program,
organisation or structure, in accordance with subparagraph 35.2(a)(i).
(i) 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 one year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(ii) In addition
to the notice above, employees over 45 years of age at the time of the giving
of the notice, with not less than two years' continuous service, shall be
entitled to an additional week's notice.
(iii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iv) Unless and
until the employer has complied with the requirements of subclause 35.2,
Introduction of Change, and Clause 35.3, Redundancy, the status quo will be
maintained; that is, the employer will not implement the redundancy or
redundancies which is or are the subject of the dispute, and the employees will
not take industrial action.
(b) NOTICE FOR
TECHNOLOGICAL CHANGE
This subclause sets out the notice provisions to be applied
to termination by the employer for reasons arising from technology in
accordance with subclause subparagraph 35.2(a)(i).
(i) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(ii) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment shall be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iii) The period of
notice required by this subclause to be given shall be deemed to be service
with the 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
(i) 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.
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the 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 to which the
employee would have been entitled had the employee remained with the employer
until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) STATEMENT OF
EMPLOYMENT
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) NOTICE TO
CENTRELINK
Where a decision has been made to terminate employees, the
employer shall notify Centrelink as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) DEPARTMENT OF
SOCIAL SECURITY EMPLOYMENT SEPARATION CERTIFICATE
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by the Department of
Social Security.
(h) TRANSFER TO
LOWER-PAID DUTIES
Where an employee is transferred to lower-paid duties for
reasons set out in paragraph 35.2(a), 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.
35.5 Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause 36.4, subject to further
order of the Industrial Relations Commission of New South Wales, the employer
shall pay the employee the following severance pay in respect of a continuous
period of service.
(b) The employer
shall pay in accordance with the following scale:
|
Years of service
|
Employee Under 45 years of age
|
Employee Over 45 years of age
|
|
Less than 1 year
|
Nil
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
6 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
8.75 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
12.5 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
15 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
17.5 weeks
|
|
6 years and over
|
16 weeks
|
20 weeks
|
"Week's pay" means the all-purpose rate for the
employee concerned at the date of termination and shall include, in addition to
the ordinary rate of pay, overaward payments, shift penalties and allowances
paid pursuant to this award.
35.6 Incapacity To
Pay
(a) Subject to an
application by the employer and further order of the Industrial Relations
Commission of New South Wales, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph 35.5(a) above.
(b) The Commission
shall have regard to such financial and other resources of the employer
concerned as the Commission thinks relevant, and the probable effect of paying
the amount of severance pay in paragraph 35.5(a) of this Clause will have on
the employer.
35.7 Alternative
Employment
Subject to an application by the employer and further order
of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph 35.5(a) above if the employer
obtains acceptable alternative employment for an employee.
36. Re-engagement
If, through slackness of work, employees are dismissed, such
employees shall, as far as practicable, be given first preference for
employment when employees are being re-engaged.
37. First-aid
37.1 Where an
employee is appointed to perform first-aid duty, such employee shall be paid an
allowance as shown in Item 7 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, in addition to their ordinary rates.
37.2 The provisions
of the regulations to the Occupational
Health and Safety Act shall apply in respect of the requirements for First
Aid facilities.
38.
Anti-Discrimination
38.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
38.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effect. 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.
38.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
38.4 Nothing in this
Clause is to be taken to affect:
(a) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
38.5 This Clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this Clause.
38.6 NOTES
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation. Section
56(d) of the Anti-Discrimination Act
1977 provides:
(b) "Nothing
in the Act affects. any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion".
39. Union Business
39.1 Union Delegate-
(a) An employee
appointed as union delegate in the yard or factory, shall, upon notification
thereof to the employer by the branch or sub-branch Secretary of the union, or
other accredited union official, be recognised as the accredited representative
of the union.
(b) Any matter
arising in the yard or factory-affecting members of the union may be
investigated by the delegate and discussed with the employer or their
representative. The delegate shall, at their request, be allowed a reasonable
opportunity to carry out such duties at a time reasonably convenient to the
employee and the employer.
(c) If a matter in
dispute is not settled, the delegate shall, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
39.2 Notice Board -
The employer shall supply a notice board of reasonable dimensions to be erected
or to be placed in a prominent position at each yard upon which accredited
representatives of the union shall be permitted to post formal notices
authorised by the Secretary of the union.
39.3 Where required,
elected union delegates shall undergo training in the areas of industrial
relations and award interpretation. Training will be a maximum of two days paid
leave per year per factory.
40. Industrial
Disputes and Grievance Procedure
40.1 Disputes
Procedure-
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by the union for the purpose of each procedure.
40.2 Grievance
Procedure-
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by the union.
(g) Where the
parties fail to resolve the dispute or grievance, it is agreed that a dispute
notification shall be made to the Industrial Relations Commission of New South
Wales, pursuant to section 130 of the Industrial
Relations Act 1996, for the express purpose of ensuring that all avenues of
conciliation and mediation are fully explored.
41. Enterprise
Arrangements
(1) Parties
41.1 As part of the
Structural Efficiency exercise and as an ongoing process for the achievement of
improvements in productivity and efficiency, discussions should take place at
each enterprise to provide more flexible working arrangements, improvements in
the quality of working life, enhancement of skills, training and job
satisfaction and positive assistance in the restructuring process and to
encourage consultation mechanisms across the workplace to all employees in the
enterprise and consideration of a single bargaining unit in all
multi-union/union award workplaces. Union delegates at the place of work may be
involved in such discussions.
41.2 The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(a) A majority of
employees affected genuinely agree.
(b) Such
arrangement is consistent with the current State Wage Case principles.
41.3 (a) Before any arrangement requiring
variation to the award is signed and processed, in accordance
with subclause 41.2, details of such arrangement shall be
forwarded in writing to the union and the employer association of which the
employer is a member. A union or an employer association may, within 14 days
thereof, notify the employer in writing of any objection to the proposed
arrangements, including the reasons for such objection.
(b) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
(2) Procedures To
Be Followed
Such enterprise arrangement shall be processed as follows:
41.4 All employees
will be provided with the current prescriptions (e.g., award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(a) Where an
arrangement is agreed upon between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
(b) Where the
arrangement is agreed upon between the employer and an absolute majority of
permanent employees under this award at an enterprise, such arrangement shall
be committed to writing.
41.5 The arrangement
shall be signed by the employer or the employer's duly authorised
representative, and the employees or their authorised representative with whom
agreement was reached.
41.6 Where an
arrangement is objected to in accordance with paragraph 41.4(a) and the
objection is not resolved, an employer may make application to the Industrial
Relations Commission of New South Wales to vary the award to give effect to the
arrangement.
41.7 The union
and/or employer association shall not unreasonably withhold consent to the
arrangement agreed upon by the parties.
41.8 If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the arrangement approved and the award
varied in the manner specified in subclause 41.9. Such applications are to be
processed in accordance with the appropriate State Wage Case principles.
41.9 Where an
arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the
enterprise to which the arrangement applies, the date of operation of the
arrangement, the award provisions from which the said enterprise is exempt, and
the alternative provisions which are to apply in lieu of such award provisions
(or reference to such alternative provisions), shall be set out in a schedule
to the award.
41.10 Such arrangement
when approved shall be displayed on a notice board at each enterprise affected.
41.11 No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as a result of any award changes
made as part of the implementation of the arrangement.
MONETARY RATES
Table 1-Wages
|
Classification
|
Former rate per week ($)
|
SWC 2000 ($)
|
Total per week ($)
|
|
Basic Entry Level;
|
385.80
|
15.00
|
400.80
|
|
Level 1
|
404.10
|
15.00
|
419.10
|
|
Level 2
|
415.30
|
15.00
|
430.30
|
|
Level 3
|
427.50
|
15.00
|
442.50
|
|
Level 4
|
445.00
|
15.00
|
460.00
|
Table 2-Other Rates and Allowances
|
Item No
|
Clause No
|
Brief Description
|
Amount ($)
|
|
1
|
9.3
|
Industry Allowance
|
16.70 per week
|
|
2
|
11.2
|
Leading Hand
|
28.45 per week
|
|
3
|
16.4
|
Meal Allowance each
|
6.95
|
|
|
|
subsequent meal
|
5.85
|
|
4
|
18.1(a)
|
Shift Allowance (rotating
|
|
|
|
|
day afternoon, day-night,
|
6.25 per shift
|
|
|
|
day-afternoon-night shift
|
|
|
5
|
18.1(b)
|
Shift Allowance (rotating
|
9.25 per shift
|
|
|
|
afternoon-night shift)
|
|
|
6
|
18.1(c)
|
Shift Allowance
|
18.35 per shift
|
|
|
|
(permanent night
shift)
|
|
|
7
|
37
|
First-aid Allowance
|
1.65 per day
|
B. W. O'NEILL,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.