(348)

SERIAL C6404

Gelatine and Glue Industry (State) Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1538 of 2007)

Before Commissioner Bishop

18 December 2007

REVIEWED AWARD

PART A

Arrangement

PART A

Clause No. Subject Matter

1. Title

2. Rates of Pay

3. Additional Rates

4. Trainees

5. Hours of Work

6. Meal Times

7. Shift Work

8. Overtime

9. Payment of Wages

10. Holidays

11. Rates for Holidays and Sundays

12. Annual Leave

13. Long Service Leave

14. Sick Leave

15. Personal Carer’s Leave

16. Accident Pay

17. Tools of Trade

18. Clothing

19. General Conditions

20. Time and Wages Records

21. Posting of Notices

22. Definitions

23. Contract of Employment

24. Redundancy

25. Bereavement Leave

26. Jury Service

27. Health and Safety Committees

28. First Aid

29. Grievance Procedure

30. Parental Leave

31. Superannuation

32. Anti-Discrimination

32A. Secure Employment Provisions

33. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Juniors

Table 3 - Other Rates and Allowances

1. Title

This award shall be known as the Gelatine and Glue Industry (State) Award.

2. Rates of Pay

(a) Classification Structure -

Adhesive and Glue Stream - Gelatine and By-Products Stream

Grade	Classification Definition	Classification Definition
6	Team Leader	Team Leader
	An employee who is delegated responsibility	An employee who is delegated
		responsibility for general process
	for general process control operating under	control operating under guidelines
	instructions as issued by supervisors.	as issued by supervisors.

	An employee competent in personnel control,	An employee competent in personnel
	supervision for control, and the understanding	control, and the understanding of highly
	of highly technical machinery and equipment.	technical machinery and equipment.

	An employee overseeing the levels of	An employee overseeing the levels of
	responsibility contained in lower Grades.	responsibility contained in lower grades.
	Indicative of the major and substantive skills /	An employee involved in training of other
	tasks an employee at this level may perform	employees.
	are the following:
	Performance appraisal
	Quality control
	Production control
	Training of other employees
	Safety management.
5	Adhesives Workers Grade 5	Gelatine Worker Grade 5
	An employee competent to exercise discretion	An employee under minimal supervision
	with respect to their tasks.	and fulfilling the overall responsibility for
		Grade 4.

	Indicative of the major and substantive skills/	An employee responsible for ensuring that
	tasks an employee at this level may perform	general Plant operations are within
	the following:	operational guidelines.

	Batch preparation	Indicative skills / tasks an employee at this
	Operate Reactors	level may perform are the following:
	Keyboard skills at a level higher than G4	Keyboard skills at a level higher than G4.
	Assistance in on-the-job training to the level	Instrument control and an understanding of
	of the employee’s training and competence	refrigeration principles.
	Boiler (ticket)	An understanding of the parameters of
	Ability to look after the department when	product quality
	the Leading Hand is absent.	Assistance in on-the-job training to the
		level of the employee’s training and
		competence.

4	Adhesives Worker Grade 4	Gelatine Worker Grade 4
	An employee who is responsible for the	An employee under minimal supervision
	supervision of their own work area or able to	and who undertakes individual
	work under minimal supervision.	responsibility for work.

	Indicative of the major and substantive skills/	Indicative of the major and substantive
	tasks an employee at this level may perform are	skills/ tasks an employee at this level may
	the following	perform are the following:
	Dispatch administration	Dispatch administration
	Keyboard skills	Plant shutdown procedures
	Routine testing	Keyboard skills
	Raw material preparation	Specialised mobile vehicle
	Material requisition	Raw materials preparation
	Minor maintenance	Assistance in on-the-job training to the
	Assistance in on-the-job training to the level	level of the employee’s training and
	of the employee’s training and competence	competence.
	Boiler (ticket)	An employee with a trade certificate where
	Batch Adjustment under supervision.	applicable or trade equivalent skills.

	An employee with a trade certificate or trade
	equivalent skills.

	An employee who has completed a chemical
	plant operation certificate course, or an
	employee who has commenced an Associate
	Diploma or Advanced Certificate Course.
3	Adhesives Worker Grade 3	Gelatine Worker Grade 3
	An employee responsible for the quality of their	An employee who works in a team
	own work subject to detailed direction or an	environment or under general supervision.
	employee who works in a team environment or
	under general supervision.	An employee with training associated with
		multiple process requirements to enable the
	An employee who performs work above and	competent performance of work within the
	beyond the skills of an employee at G2.	scope of this grade.

	Indicative of the major and substantive skills /	Indicative of the major and substantive
	tasks an employee at this level may perform are	skills/ tasks an employee at this level may
	the following:	perform are the following:

	Forklift permit then ticket	Mobile plant permit then license
	Pre-test sampling	Receipt and dispatch of goods
	Training on batch sheets	Stock control of chemicals
	Weigh-off of finished products	Intermediate batch control under
		supervision
	Repetitive work in handling products	Use of and dosing with chemicals
	Dispatch of product	Monitoring of quality parameters
	Basic assistance to tradespersons	Simple function keyboard skills
	Assistance in on-the-job training to the level of	Basic understanding of electrical,
	the employee’s training and competence	instrument and mechanical operations
	Specialist cleaning	Assistance in on-the-job training to the
	Gatekeeping	level of the employee’s training and
	Gardening.	competence.
2	Adhesives Worker Grade 2	Gelatine Worker Grade 2
	An employee who has competently completed	An employee with an understanding of the
	one month’s experience as a Grade 1.	requirements for Grade 1.
	An employee required to work under routine	An employee working to guidelines and
	supervision work to the level of their training.	responsible for the quality of their own
		work to the level of their training.

	An employee responsible for the quality of their
	own work to the level of their training.	Indicative of the major and substantive
		skills/tasks an employee at this level may
	Indicative of the major and substantive skills /	perform are the following:
	tasks which an employee at this level may
	perform are the following:	Product sampling
		Simple batch control
	Repetitive work in handling products (single	Final product blending and packaging
	process)
	Dispatch of product	Assistance in on-the-job training to
	Weigh-off of finished product	the level of the employee's training and
	Assistance in on-the-job training and	competence.
	competence.
1	Adhesive Worker Grade 1	Gelatine Worker Grade 1
	An employee who is able to perform routine	An employee who is able to undertake
		work of a light nature including duties
	duties including general labouring and	associated with routine cleaning,
	cleaning to the standard of their training.	proprietary packaging and basic ground
		work.
	An employee exercising minimal judgement
	and working under direct supervision.	An employee who shall undertake
		induction training which may encompass
		on-site information regarding safety
	An employee who shall undertake up to 38	requirements, hygiene requirements,
	hours induction training which may include	conditions of employment, and
	information on the enterprise, conditions of	personnel organisation.
	employment, employment, training and
	career path opportunities, plant layout, work	Progression from Grade 1 to a higher grade
	and documentation procedures, occupational	should be achievable for all employees.
	health and safety, and equal employment
	opportunity.

	An employee with less than one month’s
	training and experience in the industry.

(b) Explanation of Operation of Structure -

(i) In classifying each employee, the individual will be provided with, for personal reference and understanding, a written classification which categorises the position occupied by that individual and details therein the broad work functions by enumeration of some specific elements of that job role.

(ii) Each individual occupying a specific classified position under this award is intended to then be mostly and regularly employed by the employer, whilst so classified, on the substantive job function of that particular classification subject to being able to be required to perform incidental work as defined herein to the level of training and competence of the employee.

(iii) "Major and substantial" or "major and substantive" in reference to a classified position is intended to refer to the primary role of that position, its key elements, which as the major substance of the function are readily recognised and ascertainable by reference to the work mostly done and which forms the significant part of that job role for which the individual is employed, classified and paid.

(iv) "Incidental" work means the doing of work which, of itself, is not the major or substantive job role of that classified position but, on a common sense and practical basis, is reasonable for that employee to be expected to carry out and is within the same or lower skill level context of the substantive duties which that employee is employed to perform.

(v) Employees shall perform work within their skill and competence provided such flexible work practices are not designed to promote de-skilling.

(vi) Whilst employees may be required to perform a wider range of duties, this flexibility is not meant to result in employees being required to regularly and consistently perform tasks unrelated to their principal function and which are at the lower level of skill than the work they usually perform.

(c) Wage Rates - An adult employee of a classification specified hereunder shall be paid not less than the rate per week assigned to that classification in which the employee is working as set out in Table 1 - Adult Wages, of Part B, Monetary Rates.

(d) Junior Employees: Juniors shall be paid the percentages of the appropriate adult rate specified in Table 2 - Juniors, of Part B, Monetary Rates.

(e) The wages for junior employees shall be calculated to the nearest five cents, any broken part of five cents in the result not exceeding two cents shall be disregarded.

(f) The rates of pay in this award include the adjustments payable under the State Wage Case 2007. These adjustments may be offset against:

(i) any equivalent over-award payments, and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

3. Additional Rates

(a)

(i) An employee appointed by the employer as a leading hand to supervise the work of up to and including 10 employees shall be paid per week the amount as set out in Item 1 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to such employee’s rate. An employee appointed as a leading hand to supervise more than 10 employees shall be paid per week the amount as set out in Item 2 of the said Table 3, in addition. Such additional rates shall apply for all purposes of the award.

(ii) The definition of Grade 6 "Team Leader" in the classification structure incorporates Leading Hand responsibilities and, accordingly, no leading hand allowances is payable in addition to the rate of pay set for Team Leaders.

(b) Employees employed under the Gelatine and By Products Stream shall receive an industry allowance as set out in Item 3 of Table 3.

(c) An employee qualified and appointed as a Boiler Attendant shall be paid a weekly allowance as set out in Item 4 of Table 3.

4. Trainees

(a) An employer may employee a 16 or 17-year old entrant to the Industry as a trainee. A trainee shall be employed under a training agreement which shall be agreed between the worker and the employer at the time of commencing employment. The training agreement shall be in accordance with the standards laid down by this clause.

(b) The training agreement shall set out the arrangements by which a trainee shall attend off-the-job training for a Basic Entry Level Chemical Certificate and undertake on-site training as specified in the training programme of the training committee.

(d) A trainee shall be engaged as a full-time employee under this award.

(e) Overtime and shift work shall not be worked by trainees except to enable the requirements of the Training Program to be effected, when penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift on the their own.

(f) A trainee shall be paid at the relativity of 78 per cent of the G4 trade / trade equivalent rate specified by this award.

(g) A trainee who has successfully completed a Basic Entry Level Chemical Certificate shall be appropriately grade in the skills-based classification structure.

5. Hours of Work

(a) Day Workers - The ordinary hours of work shall be an average of 38 per week to be worked on one of the following basis:

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

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

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

(c) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6 a.m. and 6 p.m.

(d) Starting and finishing times may be altered by mutual agreement between an employer and the majority of employees in the plant or section or sections concerned.

(e) Not more than eight hours shall be worked in any one day without payment of overtime.

(f) The method of implementation of the 38-hour week may be any one the following:

(i) by employees working less than eight ordinary hours each day; or

(ii) by employee working less than eight ordinary hours on one or more days each week; or

(iii) by fixing one weekday on which all employees will be off during a particular work cycle; or

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

(g) In the absence of agreement at plant level, the procedures outlined in clause 29, Grievance Procedure, shall be applied without delay.

(h) Where the working week is being worked in accordance with paragraphs (iii) or (iv) of subclause (f) of this clause an employer and the majority of employees concerned may agree to a banking system of rostered days off. In such instances not more than five days may be banked.

No penalty payments shall be made to employees working on a day which would otherwise have been a rostered day off and in no circumstances will the employee lose the entitlement to the banked days or, in the event of termination only, payment in lieu thereof.

(i) Where a system of working is adopted to allow one rostered day off in each four weeks an employee shall be entitled to 12 such rostered days off in any 12-month period.

(j) The day an employee, not being a continuous shift worker, is to take off in accordance with paragraphs (iii) and (iv) of subclause (f) of this clause, shall not coincide with a public holiday (as defined); in the event that a public holiday is prescribed after employee have been given notice of the day off, and the holiday falls on that day off, the employer shall allow the employee to take the day off on an alternative day.

An employee, being a continuous shift worker, who by the circumstances of the arrangement of their ordinary hours of work, is entitled to a rostered day off which falls on a public holiday (as defined) shall, have an additional day added to their annual leave.

6. Meal Times

(a) The break for midday meals shall be not less than 30 minutes nor more than 45 minutes to be taken between 11:30a.m. and 1:00p.m.

(b) The starting and finishing times for meals shall not be altered except by agreement between the employer and the employees or by the Industrial Committee.

(d) For work done during meal hours and thereafter until a meal break is allowed, double time shall be paid.

(e) Employees shall be allowed a morning tea break of ten minutes. Such break shall be counted as time worked.

7. Shift Work

(a) For the purpose of this clause:

"Afternoon Shift" means any shift finishing after 6:00p.m. and at or before midnight.

"Night Shift" means any shift finishing subsequent to midnight and at or before 8:00a.m.

"Permanent night shift worker" is an employee who:

(i) works night shift only; or

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

(iii) works on a night shift which does not rotate sufficiently to give the employee at least one third of working time off night shift in each shift cycle.

Provided that where shifts are worked by arrangement between employees, such shifts shall not affect the above definition.

"Continuous shift worker" means an employee working eight hours per shift inclusive of crib time and who is regularly rostered to work on Sundays and holidays.

"Non-continuous shift worker" means an employee who works at least five consecutive days of eight hours per shift inclusive of crib time and who does not normally work on Sundays.

"Crib time" means a break of 20 minutes to be taken at a suitable opportunity in any shift or period so as not to interfere with the employee’s duties and such crib time shall be paid for.

"Rostered shift" means a shift of which the employee concerned has had at least 48 hours’ notice.

(b) The ordinary hours of shift workers shall average 38 hours per week and shall not exceed 152 hours in 28 consecutive days and shall be worked in not more than five shifts per weeks of eight hours inclusive of crib time.

The times of commencement and cessation of work shall be fixed by the employer and once fixed may only be altered by agreement between the employer and the employees concerned, or in the absence of such agreement by the giving of not less than seven day’s notice in the case of a permanent change of shift by the employer to the employees of such proposed change of times.

Where an employee is engaged in working a regular roster of shifts their place on the roster shall not be altered unless the employee is given 48 hours’ notice of change of shift.

Where an employee is not engaged in working a regular roster of shifts but the employer requires such employee to change their shift to fill some short term vacancy occasioned by another employee’s absence or to meet some special circumstances then the employee’s hours may be altered by the giving of 48 hours’ notice of change of shift.

(i) Any afternoon or night shift which does not continue for five consecutive shifts shall be paid for at the rate of time and a half for the first three hours and double time thereafter for all time worked. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.

(ii) A shift worker whilst working on a permanent afternoon shift shall be paid for such shift 25 per cent more than their ordinary rate, or, if working on a permanent night shift, shall be paid for such shift 30 per cent more than their ordinary rate. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.

(iii) Continuous shift workers shall be paid at the rate of time and a half for all work performed between 12 midnight on Friday and 12 midnight on Saturday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.

(iv) Non-continuous shift workers shall be paid at the rate of time and a half for all work other than overtime work performed between 12 midnight on Friday and 12 midnight on Saturday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.

(v) Continuous shift workers shall be paid at the rate of double time for all work performed between 12 midnight on Saturday to 12 midnight on Sunday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.

(vi) Except as otherwise provided, employees working on afternoon and night shifts shall be paid at the rate of ordinary time for such shift increased by 15 per cent for afternoon shift and 17.5 per cent for night shift.

(vii) For the purpose of this subclause any shift starting at 11:00p.m. shall be deemed to commence at midnight.

(viii) No junior male under the age of 18 years shall work on night shift.

(ix) Continuous shift workers who are rostered to work on public holidays as prescribed by this award shall be paid at the rate of double time. Such extra rate shall be in substitution for and not cumulative upon any other prescribed shift premium.

Continuous shift workers shall be paid one day’s pay at ordinary rates at the time of taking annual leave for each public holiday upon which they are not rostered to work.

On termination of service during the currency of any year, payment for holidays not worked shall be made on a pro rata basis.

(x) Shift workers, other than continuous shift workers, shall be paid at the rate of double time and a half for all work performed on holidays prescribed by this award. Such extra rate shall be in substitution for and not cumulative upon any other prescribed shift premium.

(d) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award shall be paid as follows:

(i) If employed on continuous shift work, at the rate of double time.

(ii) If employed on non-continuous shift work, at the rate of time and one half for the first two hours and double time thereafter.

(iii) The provisions of paragraphs (i) and (ii) of this subclause shall not apply where time so worked is brought about by arrangements between the employees themselves or is for the purpose of effecting the customary rotation of shifts, or is due to the fact that the relief person does not come on duty at the proper time.

8. Overtime

(a) All work done outside the ordinary hours prescribed herein or before or after the times of commencement and cessation of work determined in accordance with this award shall be counted as overtime and shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(b) In computing overtime, each day’s work shall stand alone.

(d) Any employee required to work overtime for more than one and a half hours on any day, after the normal finishing time, without being notified on the day before they will be so required to work, shall be paid an amount as set out in Item 5 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal and an amount as set out in Item 6 of the said Table 3 for each subsequent meal by the employer.

(e) If an employee pursuant to subclause (d) of this clause has provided a meal and is not required to work overtime, they shall be paid an amount as set out in Item 6 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, of for the meal provided.

(f)

(i) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.

(ii) Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation to this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

(g) Rest Period After Overtime -

(i) Where overtime work is necessary it shall wherever reasonably practicable be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days. An employee who works so much overtime between the termination of that employee’s ordinary work on one day and the commencement of that employee’s ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between these times, shall, subject to this subclause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty that employee shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(ii) The provisions of this clause shall apply in the case of shift workers as if eight hours were substituted for 10 hours.

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

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

9. Payment of Wages

(i) Wages shall be paid weekly, not later than Thursday in each week, except by mutual agreement to substitute "Friday" in lieu of "Thursday". Where a holiday as referred to in clause 10, Holidays, occurs on a pay day, payment in that week shall be made on the working day prior to such holiday.

(ii) Wages shall be paid in the employer’s time or within five minutes of finishing time. If an employee is kept waiting for payment for more than five minutes after finishing time, the employee shall be paid overtime rates for the time so kept waiting.

(iii) Should an employee be dismissed during the course of a week, the employee shall be paid at the usual place of payment on demand there by that employee, any wages which are legally due to that person within 15 minutes of dismissal.

(iv) Should an employee lawfully leave their employment during the course of a week, that employee shall be paid all moneys due upon termination of service.

(v) On pay day the employer shall state to each employee in writing the amount of wages to which the employee is entitled, the amount of deductions made therefrom and the net amount being paid to the employee.

(vi) Notwithstanding the above, by agreement with the employee concerned, wages may be paid by cheque or by electronic funds transfer.

10. Holidays

(i) The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or the holiday, if any, substituted for any such day by or under any Act of Parliament, are observed, shall be holidays, together with all other days proclaimed as public holidays throughout the State. Employees, other than continuous shift workers, not required to work on holidays shall be paid the ordinary rates of pay, provided that such holidays fall on a normal working day.

(ii) The first Monday in August each year, or on another day mutually agreed to between the employer and the employee shall also be deemed a holiday and complied with in accordance to subclause 10(i). Where the employer seeks to vary the holiday on the first Monday in August each year, the employer shall do so by mutual consent with the employee and shall notify the Secretary of the Union in writing within thirty (30) days of taking advantage of the flexible day.

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

11. Rates for Holidays and Sundays

(i) Except as to continuous shift workers working on regular rostered shifts, all work performed on holidays set out in Clause 10, Holidays, shall be paid for at the rate of double time and a half and all work performed on Sundays shall be paid for at the rate of double time.

(ii) An employee called upon to work on a Sunday or a holiday shall be paid for a minimum of four hours’ work.

12. Annual Leave

(a) A period of 28 consecutive days’ (including non-working days) leave shall be allowed annually to an employee after 12 months’ continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which this award applies.

(b) Continuous Shift Workers - In addition to the leave hereinbefore prescribed, continuous shift workers who are rostered to work regularly on Sunday and holidays shall be allowed seven consecutive days’ leave including non-working days.

Where an employee with 12 months’ continuous service is engaged for part of the 12 monthly period as a continuous shift worker, the employee shall be entitled to have the period of 28 consecutive days’ annual leave prescribed in subclause (a) of this clause increased by half a day for each month the employee is continuously engaged as aforesaid.

(i) Except in the case of continuous shift workers such period of annual leave shall not include award holidays observed on working days, but shall include all other non-working days.

(ii) Except in the case of continuous shift workers if any award holidays falls within an employee’s period of annual leave and is observed on the day which in the case of that employee would have been an ordinary working day there shall be added to that period one day, being an ordinary working day for each holiday observed as aforesaid.

(iii) Where an employee without reasonable excuse, proof whereof shall lie upon such employee, is absent from employment on the working day or part of the working day prior to the commencement of that employee’s annual leave or fails to resume work at that employee’s ordinary starting time on the working day immediately following that last day of the period of that employee’s annual leave, the employee shall not be entitled to payment for the public holidays which fall within the period of annual leave.

(d) Notice of Leave to be Given - At least one month’s notice shall be given to an employee as to when that employee is to commence leave, except in cases where by mutual agreement between the employer and the employee a lesser period of notice may be permitted.

If at any time notice is withdrawn by an employer the employee, if that employee postpones that leave, shall be compensated by the employer for any reasonable out of pocket loss occasioned by the withdrawal of notice. Any dispute under this subclause shall be dealt with under clause 29, Grievance Procedure.

(e) Time When Leave is to be Granted - Annual leave shall be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued.

(f) Leave to be Given and Taken -

(i) The annual leave provided for by this clause shall be allowed and shall be taken and except as provided in subclause (i) of this clause payment shall not be made or accepted in lieu of annual leave.

(ii) The annual leave shall be given and taken in a continuous period or if the employer and the employee so agree in two separate periods.

(g) Payment of Wages - Each employee before going on leave shall be paid the wages they would have earned in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

(h) 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 a loading of 17.5 per cent on top of their normal weekly pay for their period of annual leave. The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(i) Leave in Advance -

(a) An employer may grant annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until the expiration of the 12 months in respect of which annual leave has been taken before it accrued.

(b) Where leave has been granted to an employee pursuant to paragraph (i) of this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer in respect to which the leave was granted, the employer may, for each one complete month of the qualifying period of 12 months not served by the employee deduct from whatever remuneration is payable upon the termination of the employment one-twelfth of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any of the holidays prescribed in clause 10, Holidays. Provided that in cases where such leave is granted at the request of the employee, the employer may, when making payment under subclause (g) of this clause, withhold form the employee a sum equal to one-twelfth for each complete month of the qualifying period not served by the employee at the time of going on leave and retain such sum until the expiration of such qualifying period.

(j) Proportionate Payments - If after one weeks continuous service in any qualifying 12-monthly period an employee leaves or that employee’s employment is terminated by the employer, the employee shall be paid a pro rata entitlement at that employee’s ordinary rate of wage for 2.923 hours for each five ordinary days worked in respect of which leave had not been granted under this clause.

(k) Calculation of Continuous Service -

(i) Continuity of service shall be deemed to be continuous notwithstanding:

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

(b) any absence from work of not more than 120 hours in the 12 months on account of sickness or accident (proof whereof shall be on the employee);

(d) any absence due to reasonable cause (including absences on account of sickness or accident of more than 120 hours, proof whereof shall be on the employee) provided that in cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this subclause, shall, if practicable, inform the employer within 24 hours after the commencement of such absence of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the employee’s absence.

(ii) In calculating a period of 12 months’ continuous service:

(a)

(1) any annual leave taken therein, or

(2) any absence of the kind mentioned in subparagraph (a) of paragraph (i) and subparagraph (b) of paragraph (i) of this subclause shall be counted as part of such period;

(b) in respect of absences of the kind mentioned in subparagraph (c) of paragraph (i.) and subparagraph (d) of paragraph (i.) of this subclause, the employee shall serve such additional period as part of their qualification for annual leave as will equal the period of such absences;

(c)

(1) any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purpose of this clause unless the employer during the absence or within 14 days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service;

(2) where an employee has been absent from such employee’s employment and the employer has notified the employee that such absence is regarded as a break in the continuity of service the employee may within 21 days of such notification from the employer, appeal to the Industrial Committee against such notification of the employer.

(l) Calculation of Month - For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month and if there be no such day in such subsequent month, it shall be reckoned as ending at the end of such subsequent month.

(m) Successor of Assignee or Transmittee - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer’s predecessor at the time when they became such successor or assignee or transmittee, the employee in respect of the period during which that employee was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

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

(i) The employer may, after giving not less than one month’s notice of their intention so to do, stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks’ leave pursuant to subclause (a) of this clause, paid leave on a proportionate basis of 2.923 hours for each completed period of five ordinary working days worked.

(ii) An employee who has then qualified for four full weeks’ leave pursuant to subclause (a) of this clause and has also completed a further month or more of continuous service shall be allowed such leave and shall, subject to subclause (p) of this clause, also be paid a pro rata entitlement of 2.923 hours, wages in respect of each five ordinary working days worked since the close of that employee’s last 12-montly qualifying period.

(iii) Except where annual leave is allowed before the due date in accordance with subclause (i) of this clause the next twelve monthly qualifying period for employees affected by such close down shall commence from the date on which the plant or section or sections concerned is reopened for work. Provided that all time during which the employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next 12-montly qualifying period.

(iv) If in the first year of the employee’s service with an employer an employee is allowed proportionate annual leave under paragraph (i) of subclause (n) of this clause, and subsequently within such year leaves their employment or their employment is terminated by the employer, the employee shall be entitled to the benefit of subclause (j) of this clause, subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

(o) Notwithstanding the provisions of subclause (n) of this clause an employer, in order to maintain the efficient working of an enterprise or their service to the public may, subject to agreement with the union make an arrangement whereby the annual leave granted by the employer to the employees of the plant or any section thereof shall be taken by such employees in separate periods by means of either:

(i) two periods during which the employer’s plant or any section or sections thereof is or are closed down for the purpose of allowing annual leave to all or to the bulk of employees in the plant or section or sections concerned; or

(ii) the rostering of the periods during which annual leave shall be taken by employee in the plant or the section or sections concerned; or

(iii) a combination of one period of close down of the plant or section or sections concerned together with the rostering of the periods during which the employees therein shall take annual leave.

(p) Disputes - Any dispute as to the rights of an employee to or with respect to annual leave shall be dealt with by the Industrial Committee.

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

13. Long Service Leave

See Long Service Leave Act 1955.

14. Sick Leave

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

(i) An employee shall not be entitled to paid leave of absence under this clause until that employee has completed five ordinary working days worked in the service of the employer concerned, provided that payment for such absence shall not become due and payable until after the employee has completed 20 ordinary working days work in the service of the employer.

(ii) An employee shall not be entitled to paid leave of absence for any period in respect of which that employee is entitled to workers’ compensation.

(iii) An employee shall, within 24 hours of the commencement of such absence, inform the employer of the inability to attend for duty, and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

(iv) An employee shall provide to the satisfaction of the employer (or in the event of dispute, the Industrial Committee) that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(v) An employee shall not be entitled in the first four years of service to leave in excess of 61 hours per year. Provided further, that in the fifth and subsequent years of service such leave shall not exceed 76 hours per year.

(vi) An employee who is absent from work on a working day, which day occurs immediately before or immediately after a rostered day off, shall prove to the satisfaction of the employer (or in the event of dispute, the Industrial Committee) that the employee was unable on account of illness or injury to attend for duty on the day or days for which sick leave is claimed.

(b) Provided further, that where under any scheme of insurance or of an accident relief or provident fund to secure the benefit of which the employer has paid the necessary premium of contribution, compensation becomes payable for absences through sickness, the employer shall not be bound to pay more of such wage than is sufficient with such compensation to make up the full amount for any such days.

(c) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (v) of subclause (a) of this clause which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of sick leave prescribed in respect of that year.

(d) Attendance at Hospital - Notwithstanding anything contained in subclause (a) of this clause, an employee suffering injury through an accident arising out of and in the course of that employee’s employment (not being an injury in respect of which that employee is entitled to workers’ compensation) necessitating that person attending during working hours on a doctor, chemist, or trained nurse, or at a hospital, shall not suffer any deduction from that employee’s pay for the ordinary working time so occupied on the day of the accident and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

(e) Successor, Assignee or Transmittee - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer’s predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which the employee was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

15. Personal Carer’s Leave

(1) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15(1)(c)(ii) 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 at clause 14, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

(1) 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, or

(2) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

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

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse o r 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 class of person set out in 15(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

(3) Annual Leave

(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten 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.

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(4) Time Off in Lieu of Payment for Overtime

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

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

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

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

(5) Make-up Time

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

(6) Rostered Days Off

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

Where the parties are unable to reach agreement the disputes procedure at clause 29, Grievance Procedure, should be followed.

(7) Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 15(1)(b) and 15(1)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 15(1)(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(2) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(3) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

16. Accident Pay

(a) 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.

(b) The period of accident pay for any one injury shall be limited to a total of 39 weeks’ payment in respect of any one accident or injury.

(c) 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 the employee under the Workers’ Compensation Act 1987, and any sums earned by the employee in the same employment or otherwise or that the employee is assessed as being able to earn from suitable employment during such period; provided that if the ordinary rate of pay increases during the period when an employee is in receipt of accident pay, then the accident pay payments shall be adjusted in accordance with variations in the ordinary rate of pay.

(d) No accident pay shall be payable in respect of any period of incapacity resulting from an injury occurring during an employee’s first month of service with an employer, provided that if the period of incapacity resulting from such an accident is continuing at the expiration of such one month’s notice, then accident pay will be applicable as from one week after the date of expiration of such qualifying service.

(e) Excepting the proviso contained in the preceding subclause, accident pay for all other employees will be applicable one week after the commencement of a period of incapacity resulting from a recognised workers’ compensation injury.

(f) 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.

(g) On an injury occurring the employee shall give notice to the employer.

(h) 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 payment of accident pay as if such payments were payments under such legislation.

(i) Where a medical referee or Board within the meaning of the Workers’ Compensation Act 1987 certifies that the employee is fit for 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.

(j) Where accident pay is payable for part of a week only such payments shall be pro-rata to a full week’s entitlement.

(k) Where 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.

(l) Notwithstanding subclauses (m) and (n) of this clause, 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 they 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.

(m) Where the employee obtains a verdict for damages against the employer or is paid an amount in settlement of any claim for damages that they have made against the employer in respect of any injury for which they have 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 the employee or their 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 to their own use.

(n) 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 the employee or their 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 the 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.

(o) Any employee who is receiving or who has received accident pay paid in respect of any injury shall if required by the employer or other person on their 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.

(p) 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.

(q) An employee upon being dismissed by the employer whilst absent on workers’ compensation, shall continue to receive accident pay as prescribed therein up to a maximum of 39 weeks, provided that the employee continues to receive compensation payments as prescribed by the Workers’ Compensation Act 1987.

(r) In the event of the rates of compensation payable pursuant to the said Act, being varied at any time after the date hereof, such variations 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.

(s) If the compensation payable to an employee pursuant to the Act is reduced by any amount by reason 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.

(t) 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 dependent of the deceased employee, with the exception of accident pay accrued up to the time of death.

17. Tools of Trade

The employer shall provide tools and implements of trade necessarily required by the employee for the performance of the employee’s duties.

Such aforementioned tools and implements shall remain the property of the employer and any wilful loss or damage due to neglect must be paid for by the employee.

18. Clothing

(a) The employer shall provide leggings, aprons (rubber, plastic, leather or cloth, where suitable), gloves, respirators, thigh boots, or goggles where these are necessarily required by the employee for the performance of the employee’s duties.

Waterproof coats or capes shall be supplied to employees when required to work outdoors in wet weather.

Such aforementioned articles of clothing shall remain the property of the employer and any wilful loss or damage due to neglect must be paid for by the employee.

The conditions of supply of overalls to employees shall be as agreed upon between the union and the individual employers.

(b) Damage to Clothing - In the event of boots or clothing belonging to an employee being damaged or destroyed by fire or corrosive substance outside the normal course of usage of such boots or clothing, compensation to the extent of the damage sustained shall be made by the employer.

(c) Laundry Allowance - Where clothing is supplied by the employer but is not laundered by the employer, employees shall receive a laundry allowance per week as set out in Item 7 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.

19. General Conditions

(a) Boiling water shall be supplied by the employer at all meal breaks, morning tea breaks and crib breaks.

(b) Hand cream shall be supplied to all employees.

20. Time and Wages Records

(i) Each employer shall keep time and wages records from which can be readily ascertained the name of each employee and their occupation, the hours worked each day, and the wages and allowances paid each week.

(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.

21. Posting of Notices

(a) The employer shall erect notice boards in a prominent position in the establishment for the purpose of posting any notice therein connection with the legitimate business of the union.

(b) Every employer shall post and keep posted a copy of this award and variations thereof in a place accessible to all employees.

22. Definitions

(a) "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

(b) "Industrial Committee" means the Gelatine and Glue Industry, &c. (State) Industrial Committee.

23. Contract of Employment

(a)

(i) Except as hereinafter provided employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

(ii) Casual Employment - A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work which the employee performs plus 20 per cent. Casual employment shall cease when the period of employment exceeds four weeks.

The employment of a causal employee may be terminated by the giving of one hour’s notice by either side.

(b) Termination of Employment -

(i) Notice of Termination by Employer -

(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
1 year or less	1 week
1 year and up to the completion of 3 years	2 weeks
3 years and up to the completion of 5 years	3 weeks
5 years and over	4 weeks

(2) In addition to the notice in subparagraph (1) of paragraph (i) of this subclause, 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 prescribed in subparagraphs (1) and (2) of paragraph (i) of this subclause shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(4) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employee’s employment not been terminated shall be used.

(5) The period of notice in this clause shall not apply in the case of dismissal for 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 specific task or tasks. Provided, further, that in the event of a stoppage through breakdown of machinery or any other cause for which the employer cannot be held responsible, the employer on any day may notify an employee that the employee’s service shall not be required on the following day or days and the employee’s employment shall be temporarily terminated accordingly and the employee shall not be entitled to be paid for the time not worked.

(6) For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by subclause (k) of clause 12, Annual Leave.

(ii) Notice of Termination by Employee - The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

If an employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

(iii) Time Off During Notice Period - Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

(iv) 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 employment and the classification of or the type of work performed by the employee.

(v) Summary Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (i) of this subclause the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.

24. Redundancy

(i)

(a) These provisions shall apply in respect of full-time and part-time employees covered by the provisions of this award.

(b) In respect of employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of subclause (v) of this clause.

(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 not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

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

(ii) Introduction of Change -

(a) 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.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that, where this award makes provision for the alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(iii) Employer's Duty to Discuss Change -

(a) The employer shall discuss with the employees affected and the union to which they belong, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

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

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

(iv) Discussions Before Terminations -

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

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

(c) For the purpose of the 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.

(v) Notice for Changes in Production, Program, 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 paragraph (a) of subclause (ii) of of this clause:

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

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

(c) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(vi) Notice for Technological Change - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (a) of paragraph (ii) of this clause:

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

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(vii) Time Off During the Notice Period -

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

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

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

(ix) 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.

(x) Notice to Centrelink or the appropriate Government Authority - Where a decision has been made to terminate the employment of 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.

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

(xii) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), 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 rate for the number of weeks of notice still owing.

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

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

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

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

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) "Week's pay" means the all-purpose rate 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.

(xiv) Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount of severance pay than that contained in subclause (xiii) of this clause.

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission of New South Wales thinks relevant, and the probable effect paying the amount of severance pay in the said subclause (xiii) will have on the employer.

(xv) Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) if the employer obtains acceptable alternative employment for an employee.

25. Bereavement Leave

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to up to two days bereavement leave if the funeral is attended or one days leave without deduction of pay if the employee does not attend the funeral.

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

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (II) of paragraph (c) of subclause (i) of clause 15, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (iv) of the said clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(vi) Bereavement entitlements for casual employees

(a) Subject to the evidentiary and notice requirements in 25(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 15(1)(c)(ii) of clause 15, Personal Carer’s Leave.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

26. Jury Service

An employee on weekly hiring required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of the employee’s attendance, the duration of such attendance, and the amount received in respect of such jury service.

27. Health and Safety Committees

Health and Safety committees will be set up at each factory with equal representation of employers and employees. Such committees will inquire into and deal with matters relating to health and safety.

28. First-Aid

(a) The employer shall provide and continuously maintain in a place accessible to all employees an efficient first-aid kit.

(b) The employer shall endeavour to have at leave one employee trained to render first-aid in attendance, at all times that work is performed at an establishment.

(c) First-aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications such as a certificate from St. John Ambulance or similar body shall be paid a weekly allowance as set out in Item 8 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, for all purposes of the award if the employee is appointed by the employer to perform first-aid duty.

(d) If an employee with the agreement of the employer attends a course of training in first-aid and passes the course the employer shall reimburse the employee for the actual cost of the course and text book expenses incurred.

29. Grievance Procedure

(a) Where an employee or the union delegate has submitted a request or complaint concerning any matter directly connected with employment or job conditions to a foreperson or a more senior representative of management and has not received satisfaction the employee may refer the matter to a union delegate of if the matter has been raised by a union delegate the employee may refer the matter to the appropriate executive of the employer concerned.

(b) The matter shall be discussed between the union delegate and the appropriate executive.

(c) If the matter is not settled between the shop steward and the appropriate executive of the employer the matter shall then be referred by the shop steward to the secretary of the union and a meeting shall be arranged between the employer and if the employer so desires their association and the union and a conference shall take place as soon as possible.

(d) If the matter is not settled in accordance with subclause (c) of this clause, the matter shall be notified to the Industrial Relations Commission of New South Wales in accordance with the Industrial Relations Act 1996.

(e) Where the above procedures are followed, work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

(f) Notwithstanding anything contained in the preceding subclauses of this clause the parties shall be free to exercise their rights if the dispute is not finalised without unreasonable delay.

(g) This clause shall not apply to any dispute as to a bona fide safety issue.

30. Parental Leave

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(3) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:

(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

(b) The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(4) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

31. Superannuation

(a) Definitions:

(i) "ARF" shall mean the Australian Retirement Fund, a Superannuation scheme established and governed by Declaration of Trust dated 11 July 1986, as amended from time to time.

(ii) "Employee" means a full-time weekly hired employee as defined in subclause (i) of clause 23, Contract of Employment.

(iii) "Ordinary Time Earnings" shall mean an employee’s award rate of pay, plus supplementary payments, overaward payments, shift loadings, and allowances which relate to work or conditions but shall not include overtime or allowances paid as a reimbursement.

(b) Employers to Become a Party to ARF:

(i) Each employer bound by this award, shall unless exempt, sign and execute an agreement to become a participating employer.

(ii) Each employer shall become party to ARF upon the acceptance of the trustee of ARF of an agreement to become a participating employer, duly signed and executed by each employer and the trustees of ARF.

(iii) Employers shall make contributions in accordance with subclause (d) of this clause payable to the Administrator of ARF.

(i) Date of Becoming Eligible - A weekly hired employee shall be eligible to join ARF on the first day of the calendar month following the commencement of employment, provided that if an employee was eligible to have contributions made in accordance with this award on the employee’s behalf at the employee’s previous place of employment, the employee shall be eligible to join ARF upon appointment.

(ii) Payments for Eligible Employees - Notwithstanding the date upon which an employee signs an application form, contributions shall be made from the date upon which the employee became eligible for membership of an approved fund or 21 March 1989 whichever is the latter.

(d) Contributions

(i) Full-time Weekly Hired Adult Employees - A contribution per week shall be paid by employers for full-time weekly hired adult employees.

(ii) Junior Employees - A contribution per week shall be made for full-time weekly hired junior employees.

(iii) Payment of Contributions - Contributions shall be made at the completion of each calendar month in respect of completed pay periods during that month provided that an initial contribution shall only be made if an employee has completed one calendar month of membership of ARF.

(iv) Unpaid Leave - When an employee is absent on unpaid leave for more than one complete day, then a pro rata deduction for the period of unpaid leave shall be made from the monthly contribution.

(v) Paid Leave - Contributions shall continue during periods of paid leave, including during periods of accident pay as defined in clause 16, Accident Pay. Contributions shall not be paid in respect of accrued annual leave paid on termination, or periods of absence without pay.

32. 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 responsibilities as a carer.

(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of this 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:

(a) any conduct or act which is specially 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.

(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES:

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this 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."

32A. Secure Employment Provisions

(a) Objective of this Clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

(b) Casual Conversion

(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

(1) whether the employee will convert to full-time or part-time employment; and

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

(i) For the purposes of this subclause, the following definitions shall apply:

(1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

(2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

(ii) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

(1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

(2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

(3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

(4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

(iii) Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

(d) Disputes Regarding the Application of this Clause

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

(e) This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

33. Area, Incidence and Duration

(a) This award shall apply to all classes of persons provided for herein within the jurisdiction of the Gelatine and Glue Industry, &c (State) Industrial Committee.

(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the reviewed Gelatine and Glue Industry (State) Award published 22 February 2002 (331 I.G. 679), and all variations thereof.

(d) The changes made to the award pursuant to the Award Review under 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 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.

(e) This award remains in force until varied or rescinded, the period for which it was made having already expired.

PART B

MONETARY RATES

Table 1 - Wages

Grade	Adhesive and Glue	Adhesive and Glue	Gelatine and By	Gelatine and By
	Stream as of	Stream as of	Product Stream as of	Product Stream as of
	18 February 2007	18 February 2008	18 February 2007	18 February 2008
	$	$	$	$
6	631.90	651.90	644.40	664.40
5	611.10	631.10	606.90	626.90
4	588.20	608.20	588.20	608.20
3	559.00	579.00	563.20	583.20
2	538.20	558.20	554.80	574.80
1	528.50	548.50	534.00	554.00

Table 2 - Junior Rates

Age	Percentage
At 16 years of age and under	70
At 17 years of age	85
At 18 years of age	100

Table 3 - Other Rates and Allowances

Item	Clause	Brief Description	Amount as of	Amount as of
No.	No.		18/2/2007	18/2/2008
			per week	per week
			$	$
1	3(a)(i)	Leading hand up to 10 employees	22.25	23.15
2	34(a)(i)	Leading hand over 10 employees	30.80	32.05
3	3(b)	Industry allowances - Gelatine and By products
		stream	16.95	17.65
4	3(c)	Boiler Attendants Allowance	10.60	11.00
5	8(d)	Meal Allowance - 1st meal	8.65	8.93
6	8(d)	Meal Allowance - 2nd and subsequent meal	8.65	8.93
7	18(c)	Laundry Allowance	6.90	7.00
8	28(c)	First Aid Allowance	10.35	10.75

Gelatine and Glue Industry, &c (State) Industrial Committee

Industries and Callings

All persons employed in or in connection with the manufacture of glue, gelatine, agar and adhesives in the State, excluding the County of Yancowinna;

Excepting -

Carters, grooms, stablepersons, yardpersons and drivers of motor or other power-propelled vehicles; engine drivers, firepersons, greasers, trimmers and plumbers, engaged in or about the driving of engines; and electrical crane, winch and motor drivers; employees in abattoirs, meat works, slaughterhouses and meat preserving works;

and excepting also employees within the jurisdiction of the Bitumous Materials Manufacture, &c. (State) Industrial Committee.

E. A. R. BISHOP, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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