MILK TREATMENT &c, AND DISTRIBUTION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 6086
of 1999)
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Before the Honourable Justice Marks
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15 August 2001
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REVIEWED AWARD
PART A
1. ARRANGEMENT
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Clause No.
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Classification
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1.
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Arrangement
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2.
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State Wage Case
Adjustments
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3.
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Definitions
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4.
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Terms of Employment
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5.
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Hours
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6.
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Rates of Pay
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7.
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Promotion and Access to
Training
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8.
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Shift Allowances
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9.
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Saturday and Sunday
Shift Work
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10.
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Holidays
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11.
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Overtime
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12.
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Mixed Functions
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13.
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Employment of
Assistants on Carts
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14.
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Booking
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15.
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Superannuation
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16.
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Redundancy
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17.
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Pay Day
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18.
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Protective Clothing
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19.
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Annual Leave
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20.
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Annual Holidays Loading
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21.
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Sick Leave
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22.
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Personal/Carer's Leave
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23.
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Bereavement Leave
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24.
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Long Service Leave
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25.
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References
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26.
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Jury Service
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27.
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Attendance at
Repatriation Centres
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28.
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Anti-Discrimination
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29.
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Disputes Procedure
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30.
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Area, Incidence and
Duration
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PART B
MONETARY RATES
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Table 1
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Wages
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Table 2
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Other Rates and Allowances
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2. STATE WAGE CASE
ADJUSTMENTS
(i) The rates of pay in this award include
the adjustments payable under the State Wage Case 2000. This adjustment may be
offset against:
(a) any equivalent overaward payments, and/or
(b) award wage increases since 29 May, 1991
other than safety net, State Wage Case,
and minimum rates adjustments.
3. DEFINITIONS
(i) Milk carter shall mean an employee who
ordinarily delivers milks or sells for cash to customers on any milk round from
a cart, waggon, or any other description of vehicle, or conveyance, provided
that such round consists of two or more customers daily, and who is in charge
of such cart, waggon or other vehicle or conveyance and shall include an
assistant of 21 years of age or over and, unless the context otherwise
requires, a relief carter.
(ii) Relief carter shall mean an employee who
ordinarily acts as a carter upon any round in substitution for the usual carter
but who may be called upon to inspect and to report upon the conditions of any
round or the work of any carter.
(iii) Casual
employee shall mean an employee employed by the hour and paid by the hour.
(iv) General relieving hand shall mean an employee
doing the work of any other employee excepting milk carters on rounds whilst
such employee is on holidays or is absent from work for any other cause.
(v) Aseptic Plant Operator shall mean an
employee responsible for the operation and cleaning of aseptic U.H.T. product
fillers, general hygiene and sterility of U.H.T. packaging plant, sampling and
examining U.H.T. packaged products and/or operation of U.H.T. sterilizing
plant.
(vi) Manufacturer's Gross Vehicle Mass
(G.V.M.) shall mean the weight of a motor waggon and its load as specified by
the manufacturer. It may be ascertained by reference to model specification
plate attached to the vehicle or, failing this, reference to the N.S.W. Road
Transport Authority, the manufacturer of the motor wagon or his agent.
4. TERMS OF EMPLOYMENT
(i) The employment of employees, other than
casual employees, shall be terminable by one week's notice given on any day by
either side or by the payment or forfeiture of one week's wage in lieu of
notice.
(ii) Notwithstanding the provisions of
subclause (i), of this clause, an employer may dismiss any employee without
notice for malingering, neglect of duty, or misconduct, and in such cases wages
shall be paid up to the time of dismissal only.
(iii) Supervisors may assist where necessary in
the production and distribution process, provided they do not do so in such a
way as to take work from employees covered by the classifications appearing in
clause 6, Rates of Pay, of this award.
(iv) It is a term
of this award that employees shall work reasonable overtime.
(v) It is a term of this award that there
shall be not demarcation within the areas of work covered by the
classifications appearing in clause 6, Rates of Pay, of this award; that is, no
restrictions on multi-skilling, relief, assistance, transfer within factory or
establishment, operation of equipment and plant, etc.
(vi) An employer may direct an employee to
carry out such duties as are within the limits of the employee's skill,
competence and training.
5. HOURS
(i) Day Workers
(a) The ordinary hours of labour for all day
workers shall be forty per week and shall not exceed eight hours on any day.
Such hours shall be worked between the hours of 6 a.m. and 5 p.m., Monday to
Friday, inclusive.
(b) A meal break of not less than one-half
hour, nor more than one hour shall be given to all day workers within five (5)
hours of commencing work provided that, in lieu thereof, a paid crib break
totalling twenty (20) minutes may be given.
(ii) Shift
Workers
(a) The ordinary hours of labour shall not
exceed eight (8) hours in any consecutive twenty-four (24) hours, nor forty
(40) hours in any one week. Such hours shall be worked on not more than five
(5) days in any one week.
(b) Each shift worker shall be allowed
twenty (20) minutes paid crib break during each shift worked; provided that a
day shift employee may also be given a meal break of 30 minutes which shall not
be counted as time worked.
(iii) Starting
Times
(a) (1) Each employer shall fix a regular
starting time or times for all employees. Such starting times and meal and
other breaks may be staggered for different employees to facilitate the
continuous running of plant and equipment.
(2) In the case of day workers, not more
than one regular starting time shall be fixed in any one week for any employee.
(3) In the case of shift workers, not more
than three regular starting times may be fixed in any one week for any
employee.
(4) The employer shall notify the time or
times so fixed by a notice, legibly written which shall be exhibited and shall
be kept exhibited in some place accessible to the employees concerned.
(5) An employee's regular starting time/or
times shall not be changed by the employer unless a week's notice has been
given to the employee in writing or is exhibited as aforesaid (except in the
case of those employees classified as relief hands).
(b) Milk carters, milk carters' assistants,
and assistants on carts shall not enter premises, where they obtain milk for
delivery before 1.00 a.m. Milk carters, milk carters' assistants and assistants
on carts shall not commence the delivery of milk to any person before the time
fixed by the Milk Board, from time to time as the earliest times for the
delivery of milk.
(c) Except in cases of emergency, employees
shall not be required to restart work after the completion of a shift until
after the expiration of eight (8) hours.
(iv) Extended
Shifts
Notwithstanding anything contained
in this clause, by agreement between an employer, the union and the majority of
employees in the depot or plant or work sections concerned, ordinary hours
exceeding eight hours to a maximum of twelve hours may be worked, at the
conditions to be agreed, subject to:
(a) proper health and safety monitoring procedures being
introduced;
(b) suitable roster arrangements being made; and
(c) proper supervision being provided.
6. RATES OF PAY
(i) Adult
Employees
The minimum rates of pay for any
classification shall be as set out in Table 1 - Wages, of Part B, Monetary
Rates, subject to the other provisions of the award.
NOTE: For the purpose of computing wages, overtime, etc., the
additional amounts referred to in this clause form part of the said award rate
of pay for the work performed. Articulated Vehicles, etc. - Drivers of
scammels, semi-articulated vehicles or drivers of vehicles with a trailer
attached shall, in addition to the ordinary classified rate of pay, be paid an
amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B.
(ii) Production
Section Classification Definitions
Production Assistant
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade:
(a) General
hand;
(b) Loader,
unloader;
(c) Can
washer;
(d) By-products
assistant;
(e) Vat
washer;
(f) Trailer
washer;
(g) Milk
receiver;
(h) Bottle
checker;
(i) General
relieving hand;
(j) Weigher
and measurer.
Plant Operator, Grade 1
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade and may be required to perform any of the duties
for which they are trained under Production Assistant.
(a) Pasteuriser
Operator (in training).
(b) Tally,
Record and Despatch Hand (Plants and Depots).
(c) Automatic Intake Plant Operator responsible for ingredient
intake and load out, completing log sheets, sampling and CIP of tankers and
lines.
(d) Automatic Processing Plant Operator responsible for weighing,
addition and recording of ingredients and cleaning.
(e) Automatic Packaging Plant Operator responsible for basic line
set-up and operation, ordering materials, weight checking, correct product codes,
package integrity, packaging according to schedule and cleaning.
(f) Automatic In-Place Cleaning Operator responsible for basic
CIP set-up and operation, completing cleaning log sheets and cleaning according
to schedule.
Plant Operator, Grade 2
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade and may be required to perform any of the duties
for which they are trained under Plant Operator Grade 1 and Production Assistant.
(a) Pasteuriser Operator (certificated) responsible for set-up and
operation of pasteuriser(s) and associated equipment, completing log sheets and
cleaning.
(b) Tally, Record and Despatch Hand (Plants and Depots)
responsible for routine daily computer input or depot ordering.
(c) Automatic Intake Plant Operator responsible for raw ingredient
intake and load-out, completing log sheets, sampling, CIP of tankers and lines,
basic quality testing (temperature, taste, smell, appearance), milkoscan analysis,
monitoring schedules and cleanliness.
(d) Automatic Processing Plant Operator responsible for weighing,
addition and recording of ingredients, cleaning, sampling, basic quality
testing (temperature, taste, appearance, pH testing), completing log sheets,
co- ordination with processing and packaging product requirements.
(e) Automatic Packaging Plant Operator responsible for basic line
set-up and operation, ordering materials, weight checking, correct product
codes, package integrity, packaging according to schedule, cleaning, basic
quality checking and recording (dye testing, appearance, taste, cap and bottle
checking) and co-ordination of line staff (meal breaks).
(f) Automatic In-place Cleaning Operator responsible for basic
CIP set-up and operation, completing cleaning log sheets, cleaning according to
schedule, monitoring chemical stocks and checking strength of CIP solutions.
(g) Laboratory
Operator
Plant Operator, Grade 3
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade and may be required to perform any of the duties
for which they are trained under Plant Operator Grade 2, Plant Operator Grade 1
and Production Assistant:
(a) Control Room Operator responsible for co-ordinating product
processing, ensuring ingredients and products are available to meet production
schedules, liaising with laboratory on product formulations and approvals.
(b) Aseptic
Plant Operator.
(c) ERCA
Operator.
(d) Pasteuriser Operator (certificated) responsible for chemical
analysis of raw and processed product.
(e) Tally, Record and Despatch Hand (depots) responsible for routine
daily computer input, computer banking, computer stock control, depot rostering
and depot ordering.
(f) Laboratory operator responsible for regularly performing at
least one-half of the laboratory's operations or operating a Bactoscan or
similarly complex equipment.
(iii) Junior
Employees
The minimum rates of pay for any
classification shall be as prescribed in Table 1 - Wages.
(a) The minimum rate of wages for milk carters' assistants and
juniors on carts shall be as set out in Table 1.
(b) The minimum rate of wages for an employee washing and filling
bottles and all work in connection therewith and a junior laboratory employee
shall be as set out in Table 1.
(c) A junior required to perform any other duties for which a
classification is provided in subclause (i) of this clause shall be paid the
weekly rate of pay prescribed for such class of work.
(iv) Leading
Hands
Employees employed as leading
hands shall, in addition to the appropriate rates of pay, be paid an allowance
as set out in Item 2 of Table 2.
(v) Charge Hands
An employee required to take charge
of a depot for 2 hours or more on any day shall be paid as set out in Item 3 of
Table 2, in addition to his/her ordinary rate of pay.
(vi) Casual
Employees
(a) For all ordinary time worked on any one
day, except Sundays and public holidays, a casual employee, as defined, shall
be paid at an hourly rate ascertained by dividing by 40 the weekly rate
prescribed for an employee of the classification in which the employee works,
plus 25 per cent.
(b) For all ordinary time worked on a Sunday,
a casual employee shall be paid at an hourly rate ascertained by dividing by 40
the weekly rate for the classification in which the employee is employed, plus 100 per cent.
(c) For all time worked by a casual employee
on a public holiday, the hourly rate shall be ascertained by dividing by 40 the
weekly rate for the classification in which the employee is employed, plus 150
per cent.
(d) Casual
employees shall be guaranteed four hours of pay at the casual rate for each
start.
(e) All time worked by a casual which is in
excess of eight ordinary hours in any one day or in excess of forty ordinary
hours in any one week, shall be overtime and paid at the rate of time and
one-half for the first two hours and double time thereafter. Provided that the
overtime rate on a Sunday shall be that provided in paragraph (b) of this
subclause and the overtime rate for a public holiday shall be that provided in
paragraph (c) of this subclause.
(vii) First-Aid
Allowance
An employee required to carry out
first-aid duties shall be paid an additional allowance as set out in Item 4 of
Table 2.
(viii) Forklift drivers engaged in the loading
and/or unloading of trailers shall be paid a loading as set out in Item 5 of
Table 2.
(ix) Vendor
Vehicles
Any employee in a Production Section
classification required to move vendors’ vehicles on any day shall be paid a
flat amount as set out in Item 6 of Table 2, in addition to the employee’s
ordinary rate of pay.
(x) Any employee in a Production Section
classification who possesses a T.A.F.E. Advanced Certificate or Associate
Diploma shall be paid an additional allowance as set out in Item 7 of Table 2.
(xi) Employees of Australian Co-operative
Foods Limited required to work in Cargon Vendor Distribution Depots shall be
paid an allowance as set out in Item 8 of Table 2 when required to work in cold
temperatures between - 1 degree C (30 degrees F) and 7 degrees C.
(xii) Employees of Australian Co-operative Foods
Limited required to perform their entire shift within a fully enclosed refrigerated
warehouse or fully enclosed refrigerated distribution depot, where temperatures
are artificially reduced to below 5 degrees Celsius shall be paid an allowance
as set out in Item 9 of Table 2, for each hour worked when so employed.
SECTION B
This section shall apply to persons engaged on maintenance
and service work associated with milk treatment and distribution other than
those provided for in Section A. In respect of margins and conditions, the
classifications as set out in Table 1A - Allowances, of Part B, shall be paid
in accordance with the provisions of the appropriate parent award and in
addition thereto the loadings and allowances as set out in the said Table 1A
which shall be payable for all purposes.
7. PROMOTION AND ACCESS TO
TRAINING
(i) Promotion and access to training shall
be offered on the basis of an assessment of ability by the employer, provided
that in the case of equal ability, as determined by the employer, seniority
shall apply.
(ii) Employees may be temporarily transferred
for the purposes of training. Where this requires extra travelling the employee
shall be reimbursed for all extra fares and shall be paid at ordinary- time
rates for all extra travelling time.
8. SHIFT ALLOWANCES
(i) All employees working morning, day,
afternoon or night shifts, as defined in this clause, shall be paid the
following additional shift allowances:
(a) Morning
Shift - the amount set out in Item 10(a) of Table 2 per shift.
(b) Afternoon
Shift - the amount set out in Item 10(b) of Table 2 per shift.
(c) Night
Shift - the amount set out in Item 10(c) of Table 2 per shift
(d) Permanent afternoon shift or permanent
night shift - the amount set out in Item 10(d) of Table 2 per shift extra.
(ii) For the
purposes of this clause:
(a) Morning
shift shall mean a shift finishing after 9 a.m. at or before 2 p.m.
(b) Day
shift shall mean a shift commencing at or after 6 a.m. and finishing at or
before 5 p.m.
(c) Afternoon
shift shall mean a shift finishing after 6.00 p.m. and at or before midnight.
(d) Night
shift shall mean a shift finishing subsequent to midnight and at or before 9.00
a.m.
(iii) An ordinary shift or part thereof may be
worked on a Saturday or a Sunday or any of the holidays mentioned in clause 10,
Holidays, of this award, subject to the provisions for extra payment
hereinafter contained; provided that such extra payment shall be in
substitution for and not cumulative upon the shift allowances provided in
subclause (i) of this clause.
9. SATURDAY AND SUNDAY
SHIFT WORK
(i) Rostered shift workers working on
ordinary shift on a Saturday shall be paid at the rate of time and one-half;
provided that all time in excess of eight (8) hours shall be paid at overtime
rates.
(ii) Rostered shift workers working an
ordinary shift on a Sunday shall be paid at the rate of time and
three-quarters; provided that all time in excess of eight (8) hours shall be
paid for at double time.
10. HOLIDAYS
(i) The following days shall be holidays
and shall be paid for even though not worked, viz., New Year's Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour or
Labour Day, Christmas Day, Boxing Day, and the picnic day of the Transport
Workers' Union of Australia, New South Wales Branch, which shall be the second
Wednesday in the month of May in each year, together with such other days as
hereafter may be proclaimed as public holidays for the State.
(ii) All time worked on any of the holidays
prescribed by subclause (i), of this clause, shall be paid for at the rate of
time and one-half with a minimum payment of eight (8) hours; provided that the
rate for 25 December shall be double time.
(iii) For all time worked on any of the
holidays prescribed by subclause (i) of this clause, an employee shall be
allowed equivalent time off work with a minimum of eight (8) hours on full pay.
Such time off shall be given by the employer within three months after the work
is performed. Where practicable an employee shall be given at least forty-eight
hours' notice of the day or days upon which time off is to be taken. By mutual
arrangement between the employer and the employee such time off may be added to
the annual leave due to the employee and shall be paid for at ordinary rates.
(iv) One day shall be added to the annual
leave period of an employee whose rostered day off in any week falls on any of
the holidays prescribed by subclause (i), of this clause, and who is not
required to work on that day.
(v) Where the employment of a worker has
been terminated and the employee thereby becomes entitled under section 4 of
the Annual Holidays Act, 1944, to payment in lieu of an annual holiday with
respect to a period of employment the employee also shall be entitled to an
additional payment for each day which has accrued to the employee under this
clause at the employee’s ordinary rate of pay.
(vi) An employee may elect to accept payment
in lieu of the additional annual leave as provided for in subclause (iii) of
this clause. Such election must be made at the commencement of the employment
or at the beginning of any holiday year. An election once having been made
shall not be changed within twelve months except through unforeseen
circumstances.
11. OVERTIME
(i) Overtime
Rate
(a) Except as provided for in clause 9,
Saturday and Sunday Shift Work, and 10, Holidays, of this award, all time
worked in excess of eight hours in any one day or in excess of forty hours in
any one week or before the fixed starting time or after the fixed finishing
time, shall be paid for at the rate of time and one-half for the first two (2)
hours and double time thereafter on any day or shift.
(b) An employee required to work overtime on
a rostered day off, shall receive a minimum payment of four (4) hours at the
appropriate rate.
(ii) Meal
Allowance
(a) An employee who is called upon to work
overtime for 2 hours or more shall be allowed not less than thirty (30) minutes
for a meal break or twenty (20) minutes for a crib in the case of a shift worker,
which shall be taken immediately after the normal ceasing time.
(b) An employee who has not been notified on
the immediately preceding working day that the employee shall be required to
work overtime on any day for more than 2 hours shall be provided with a meal by
the employer or in lieu thereof shall be paid the sum set out in Item 11 of
Table 2. . An employee who has provided himself/herself with a meal after
having been so notified and who then is not required to work after the normal
ceasing time shall be paid the sum as set out in Item 11 of Table 2. A meal
need not be provided under this clause nor
need payment be made in lieu
thereof if the employee is permitted to return to his/her home for a meal in
question and the employee reasonably can do so.
(iii) Recall
An employee recalled for work
shall be guaranteed and shall be paid for at the least four (4) hours' work for
each start at the appropriate rates of pay. This clause shall also apply to an
employee called upon to work before the employee’s normal starting time, and
whose overtime work does not continue up to such starting time.
12. MIXED FUNCTIONS
(i) An employee employed for two (2) hours
or more of the employee’s time on any one day or shift upon any classification
other than that on which the employee regularly is employed and for which a
higher rate of pay is provided shall receive such higher rate of pay for the
whole of that day or shift.
(ii) If so employed for less than two (2)
hours of the employee’s time on any day or shift in any such classification the
employee shall receive such higher rate of pay whilst so employed.
(iii) An employee who is required to perform
work on any one day or shift for which a lower rate of wage than that of the
employee’s ordinary classification is prescribed shall suffer no reduction in
pay in consequence of that requirement.
13. EMPLOYMENT OF ASSISTANTS
ON CARTS
No milk carter or relief milk carter shall employ any person
to assist them in their duties either with or without pay nor shall they allow
any person to assist them unless the person is paid by his/her employer. An
employer knowingly shall not permit any milk carter or relief carter employed
by them to employ or to allow any person to assist them in the performance of
their duties other than a person employed and paid by the employer.
14. BOOKING
All booking of deliveries, sale and collection of tokens,
obtaining corrected bills, arranging bills, payment in of moneys by employees and
any work in connection therewith shall be deemed to be work and shall be paid
for as such. Reasonable facilities shall be provided by the employer to permit
such work being performed on the employer's premises. Employees shall be
furnished within one week, with full and proper particulars of the amount
alleged by the employer to be short.
15. SUPERANNUATION
See the Transport Industry (State) Superannuation Award
(No.2), 314 I.G. 148.
16. REDUNDANCY
See the Transport Industry
- Redundancy (State) Award, 318 IG 458.
17. PAY DAY
(i) Every employee shall be paid in cash
or, where the employee agrees, by cheque or electronic funds transfer, provided
that the employer may require all employees in a depot or plant to be paid by cheque
or by electronic funds transfer after a majority of employees in the depot or
plant are being paid by cheque or electronic funds transfer, and provided
further that all new employees may be paid by electronic funds transfer.
(ii) Immediately upon lawful termination of
employment, except in the case of dismissal outside office hours, an employee,
unless otherwise mutually agreed upon, shall be paid all wages including
holiday pay, due to the employee. In the case of dismissal outside office hours
wages due to the dismissed employee shall be available to the employee on the
first office working day following his/her dismissal.
(iii) An employee whose weekly days off fall on
a pay day shall, where practicable, be paid the employee’s wages, if the employee
so desires, prior to going off duty on the day previous to the employee’s day
off. Provided that where it is not practicable to make such payment, the
employer shall notify the union.
18. PROTECTIVE CLOTHING
(i) Employees who necessarily are exposed to
wet conditions in carrying out their work shall be provided with protective
clothing including rubber boots or rubber shoes or such other footwear as may
be agreed between the employer and the employee.
(ii) Wet weather clothing shall be made
available to employees at their request, where they are required to pick up
and/or deliver milk and/or perform other duties in the open.
(iii) Where an employee is required to wear a
uniform, it shall be provided by the employer. The uniform shall be laundered
at the employer's expense or, alternatively, the employee paid a laundry
allowance of as set out in Item 12 of Table 2 of this award.
19. ANNUAL LEAVE
(i) See Annual Holidays Act, 1944.
(ii) Provided that where a shift worker enters
on a period of annual leave the employee shall receive in addition to the
employee’s holiday pay calculated in accordance with the Act such shift
allowance pursuant to clause 8 - Shift Allowances, for ordinary shifts which
the employee would have worked according to the shift roster if the employee
had not been on annual holiday but excluding penalty rates prescribed by clause
10, Holidays, for ordinary time the shift worker would have worked on any of
the holidays prescribed by the clause which occur during the annual holiday and
which the shift worker would have worked if the shift worker had not been on
annual holiday.
(iii) Where a worker covered by clause 9,
Saturday and Sunday Shift Work, enters upon a period of annual leave the
employee shall receive, in addition to the employee’s holiday pay calculated in
accordance with the said Act, such penalties pursuant to clause 9, which the
employee would have received according to the employee’s normal working roster
if the employee had not been on annual holiday.
20. ANNUAL HOLIDAY LOADING
(i) In this
clause the Annual Holidays Act, 1944,
is referred to as "the Act".
(ii) Before an employee is given and takes
their annual holiday, or where by agreement between the employer and employee
the annual holiday is given and taken in more than one separate period the
employer shall pay the employee a loading determined in accordance with this
clause. (NOTE The obligation to pay in advance does not apply where an employee
takes an annual holiday wholly or partly in advance - see subclause (vii)).
(iii) The loading is payable in addition to the
pay for the period of holidays given and taken and due to the employee under
the Act and this award.
(iv) The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes or has
become entitled under the Act and this award (but excluding days added to
compensate for public or special holidays worked or public or special holidays
falling on an employee's rostered day off not worked), or where such a holiday
is given and taken in separate periods, then in relation to each such separate
period.
(v) The loading is the amount payable for
the period or the separate period, as the case may be, stated in subclause (v)
at the rate per week of 17.5 per cent of the appropriate ordinary weekly time
rate of pay prescribed by this award for the classification in which the
employee was employed immediately before commencing their annual holiday,
together with, where applicable, the additional sums prescribed by clause 6,
Rates of Pay, of this award but shall not include any other allowances, penalty
rates, shift allowances, overtime rates or any other payments prescribed by
this award.
(vi) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance, provided that, if the
employment of such an employee continues until the day when the employee would
have become entitled under the Act to an annual holiday, the loading then
becomes payable in respect of the period of such holiday and is to be
calculated in accordance with subclause (vi) of this clause applying the award
rates of wages payable on that day.
(vii) Where, in accordance with the Act the
employer's establishment or part of it is temporarily closed down for the
purpose of giving an annual holiday or leave without pay to the employees
concerned -
(a) an employee who is entitled under the
Act to an annual holiday and who is given and takes such a holiday shall be
paid the loading calculated in accordance with subclause (vi) of this clause;
(b) an employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid in addition to the amount payable to the employee under the Act such proportion
of the loading that would have been payable to the employee under this clause
if the employee had become entitled to an annual holiday prior to the closedown
as the employee’s qualifying period of employment in completed weeks bears to
52.
(viii) (a) When
the employment of an employee is terminated by the employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which he became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (vi) for the period not taken.
(b) Except as provided by paragraph (a) of
this subclause no loading is payable on the termination of an employee's
employment.
(ix) This clause extends to an employee who is
given and takes an annual holiday and who would have worked as a shift worker
if the employee had not been on holiday, provided that, if the amount to which
the employee would have been entitled by way of shift work allowances and
weekend penalty rates for the ordinary time (not including time on a public or
special holiday) which the employee would have worked during the period of the
holiday exceeds the loading calculated in accordance with this clause, then
that amount shall be paid to the employee in lieu of the loading.
21. SICK LEAVE
(i) An employee with not less than three
months' continuous service, who is absent from work by reason of personal
illness or injury not being illness or injury arising from the employee's misconduct
or default or from an injury arising out of or in the course of the employee’s
employment, shall be entitled to leave of absence, without deduction of pay,
subject to the following conditions and limitations:
(a) the employee shall, within twenty-four
hours of the commencement of such absence, inform the employer of the
employee’s inability to attend for duty, and as far as practicable, state the
nature of the illness or injury and the estimated duration of the absence;
(b) the employee shall furnish to the
employer such evidence as the employer reasonably may desire that the
employee was unable, by reason of such
illness or injury, to attend for duty on the day or days for which sick leave
is claimed.
(c) the employee shall not be entitled in
any year (as defined), whether in the employ of one employer or several in the
aforesaid industry in such year, to leave in excess of forty hours of ordinary
working time. Provided that:
(1) if the employee’s employment continues
with the one employer after the first year, the employee’s sick leave
entitlement shall increase to a maximum of eighty hours of ordinary working
time at which figure it shall remain for each subsequent year of continued
employment;
(2) if the employment of an employee who has
become entitled to leave in accordance with provison (1) above is terminated
for any reason, the employee shall not be entitled in the employ of any
employer in the industry, in that year, to leave in excess of forty hours of
ordinary working time.
(ii) For the purpose of administering
paragraph (c) of subclause (i) of this clause, an employer may, within two
weeks of an employee entering the employee’s employment, require an employee to
make a statutory declaration or other written statement of the names of the
employee’s employers in the immediate preceding twelve months and the paid
leave of absence on account of illness or injury the employee has had from any
of those employers during the said period of twelve months and upon such
statement the employer shall be entitled to rely and act.
(iii) The rights under this clause shall
accumulate from year to year so long as the employment continues with the
employer, so that any part of the sick leave entitlement which has not been
taken by the employee may be claimed by the employee and shall be allowed by
the employer, subject to the conditions prescribed by this clause, in a
subsequent year of continued employment.
(iv) For the
purpose of this clause continuous service shall be deemed not to have been broken
by:
(a) any absence from work on leave granted by the employer; or
(b) any absence from work by reason of
personal illness, injury or other reasonable cause, proof whereof shall, in
each case, be upon the employee.
(v) Year shall
mean from 1 July to 30 June, in the next following year.
22. 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
subparagraph (ii) of paragraph (c), who needs the employee's care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 21, Sick Leave, for
absences to provide care and support for such persons when they are ill. Such leave
may be taken for part of a single day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In normal circumstances, an employee must
not take carer's leave under this subclause where another person has taken
leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this
subclause is subject to:
(i) the employee being responsible for the care of the person
concerned; and
(ii) the person concerned being:
(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 or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood,
marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household" means a family group living in the
same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) 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
member 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.
23. BEREAVEMENT LEAVE
(i) An employee, other than a casual
employee, shall be entitled to up to two days bereavement leave, without
deduction of pay, on each occasion of the death of a person 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 two days
bereavement leave where the employee travel outside to attend the funeral.
(ii) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will provide
to the satisfaction of the employer proof of death.
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of
subclause (1) of Clause 22, 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 subclause (2), (3), (4), (5) and
(6) of the said Clause 22. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
24. LONG SERVICE LEAVE
See Long Service Leave
Act 1955.
25. REFERENCES
Each employer shall, if so requested, give to any employee
on leaving his/her employment, a written certificate stating the length of time
the employee had been in his/her employment.
26. JURY SERVICE
(i) An employee required to attend for jury
service during ordinary working hours shall be reimbursed by the employer an
amount equal to the difference between the amount paid in respect to 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 they not been on jury service.
(ii) An employee shall notify the employer as
soon as possible of the date upon which the employee is required to attend for
jury service. Further, the employee
shall give the employer proof of attendance, the duration of such attendance
and the amount received in respect of such jury service.
27. ATTENDANCE AT
REPATRIATION CENTRES
Employees, being ex-service personnel, shall be allowed as
time worked lost time incurred whilst attending repatriation centres dor
medical examination and/or treatment, provided that:
(a) such lost
time does not exceed four hours on each occasion;
(b) payment shall be limited to the
difference between ordinary wage rated from time lost and any payment received
from the Repatriation Department as a result of each such visit;
(c) the provisions of this subclause will
apply to a maximum of four such attendances in any year of service with an
employer;
(d) the employee produces evidence
satisfactory to the employer that he is required to and subsequently does
attend a repatriation centre.
28. ANTI-DISCRIMINATION
(i) It is the intention of the parties
bound by this award to seek to achieve the object of in section 3(f) of the Industrial Relations Act 1996 (NSW), to
prevent and eliminate discrimination in the workplace on the grounds of race,
sex, marital status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) Accordingly, in fulfilling their
obligations under the dispute resolution procedure, the parties must take all
reasonable steps to ensure that neither the award provisions nor their
operation are directly or indirectly discriminatory in their effects.
(iii) Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977(NSW);
(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 by the parties by the
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 the Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
29. DISPUTE PROCEDURE
(i) Disputes
Procedure
(a) A question, dispute or difficulty must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each
level of authority.
(c) While a procedure is being followed, normal work must
continue.
(d) The employer may be represented by an
industrial organisation of employers and the employees may be represented by
the union for the purposes of each procedure.
(ii) Grievance
Procedure
(a) The employee is required to notify the
employer (in writing or otherwise) as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(b) A grievance must initially be dealt with
as close to its source as possible, with graduated steps for further discussion
and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each
level of authority.
(d) At the conclusion of the discussion, the
employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must
continue.
(f) The employee may be represented by the union.
30. AREA, INCIDENCE AND
DURATION
(i) This award rescinds and replaces the
Milk Treatment &c. and Distribution. (State) Award published 5 July 1978
and reprinted 15 May 1985 (237 IG 669), as varied. The award published 15 May
1985 took effect from the beginning of the first full pay period to commence on
or after 26 October 1977 and remains in force, as varied, the nominal term of
the award having already expired.
(ii) This award shall apply to all employees
employed in any of the classifications named in clause 6, Rates of Pay, of this
award, within the jurisdiction of the Milk Treatment, &c., and Distribution
(State) Conciliation Committee, excepting any workers of the above classes who
are employees of dairymen if such dairymen themselves, produce, from their own
cows, at least 70 per cent or more of milk they sell and that milk,
unpasteurised on rounds, within the jurisdiction of the Milk Treatment &c.,
and Distribution (State) Conciliation Committee. In calculating the percentage
of milk produced by dairymen for sale the average daily production during the
period of three months immediately prior to the date when the calculation is
made shall be taken.
(iii) This award has been reviewed pursuant to
s19 of the Industrial Relations Act
1996 (NSW) and the Principles for Review of Awards Decision made by the
Industrial Relations Commission of NSW on 18 December, 1998 (308 IG 307). Any changes arising from the Review take
effect from the first full pay period on or after 10 August 2001.
MILK TREATMENT, &C., AND DISTRIBUTION (STATE) CONCILIATION
COMMITTEE
Industries and Callings
All employees of Australian Co-operative Foods Limited;
Perfection Dairy Pty Limited; Petersville Ltd, United Dairies Pty Limited, and
Nepean Dairies Pty Ltd and milk carters, relief milk carters, milkers, ice
cream carters, general relieving hands, drivers of horses and motor waggons, special
delivery carters, carters of milk in bulk, employees engaged in the collection
of bulk milk and/or cream at farms who are required to grade milk before
collection, brakesmen and extra hands, milk weighers, receivers, measurers,
pasteurisers, tasters milk testers, butter room employees (other than those
engaged in the manufacture of butter),
washers of cans and tanks, can and tank room employees, feed house employees,
grooms, stablemen, yardmen, useful hands, and all assistants in such work
employed by dairymen and/or milk vendors and/or others engaged in the
distribution of milk and/or ice and/or ice cream in the State, excluding the
County of Yancowinna;
Excepting
Employees within the jurisdiction of the Clerks (State)
Conciliation Committee;
Employees within the jurisdiction of Retail Employees
(State) Conciliation Committee;
Employees within the jurisdiction of the Butter, &c.,
Factory Employees (State) Industrial Committee;
Employees of milk vendors when such employees are engaged
solely as shop assistants;
All employees engaged in rural industries within the meaning
of section 5(4) of the Industrial
Relations Act, 1991;
Employees of general carriers and contract carriers when
such employees are engaged in the carting of ice cream and/or milk;
Employees within the jurisdiction of the Butter, &c.,
Factory Employees (Newcastle and Northern) Industrial Committee;
Employees covered by Industrial Agreement No. 2902 and any
agreement made replacing the said agreement.
PART B
MONETARY RATES
TABLE 1 - WAGES
|
Classification
|
Former Rate per
|
SWC 2000 ($0
|
Total Rate per week
|
|
|
week ($)
|
|
($)
|
|
Division A: Production Section
|
|
|
|
|
Production Assistant
|
423.90
|
15.00
|
438.90
|
|
Plant Operator Grade 1
|
433.40
|
15.00
|
448.40
|
|
Plant Operator Grade 2
|
446.50
|
15.00
|
461.50
|
|
Plant Operator Grade 3
|
465.70
|
15.00
|
480.70
|
|
Division B: Transport Section
|
|
|
|
|
Milk carter on rounds
|
462.20
|
15.00
|
477.20
|
|
Relief milk carter
|
464.70
|
15.00
|
479.70
|
|
Relief motor wagon driver
|
471.90
|
15.00
|
486.90
|
|
Fork lift driver
|
462.10
|
15.00
|
477.10
|
|
Tanker driver - 15,911
|
|
|
|
|
litres capacity or more
|
490.40
|
15.00
|
505.40
|
|
Tanker driver grader:
|
|
|
|
|
Under 15,911 litres capacity
|
478.40
|
15.00
|
493.40
|
|
From 15,911 litres capacity
|
493.30
|
15.00
|
508.30
|
|
Drivers of motor wagons having a
|
|
|
|
|
manufacturer's gross vehicle mass
|
|
|
|
|
in kilograms:
|
|
|
|
|
Up to 13,948
|
471.60
|
15.00
|
486.60
|
|
Over 13,948 and up to 15,468
|
473.40
|
15.00
|
488.40
|
|
Over 15,468 and up to 16,919
|
474.50
|
15.00
|
489.50
|
|
Over 16,919 and up to 18,371
|
475.50
|
15.00
|
490.50
|
|
Over 18,371 and up to 19,731
|
477.00
|
15.00
|
492.00
|
|
Over 19,731 and up to 21,092
|
477.90
|
15.00
|
492.90
|
|
Over 21,092 and up to 22,453
|
479.90
|
15.00
|
494.90
|
|
The minimum rate of wages for
|
|
|
|
|
milk carters' assistants and boys
|
|
|
|
|
on carts
|
|
|
|
|
Under 18 years of age
|
247.30
|
7.65
|
254.95
|
|
At 18 and under 19 years of age
|
303.40
|
9.40
|
312.80
|
|
At 19 and under 20 years of age
|
336.20
|
10.40
|
346.60
|
|
At 20 and under 21 years of age
|
353.95
|
10.95
|
364.90
|
|
The minimum rates of wages for
|
|
|
|
|
an employee washing and filling
|
|
|
|
|
bottles and all work in connection
|
|
|
|
|
therewith and a junior laboratory
|
|
|
|
|
employee
|
|
|
|
|
Under 18 years of age
|
256.60
|
7.95
|
264.55
|
|
At 18 and under 19 years of age
|
295.60
|
9.15
|
304.75
|
|
At 19 and under 20 years of age
|
339.35
|
10.50
|
349.85
|
|
At 20 and under 21 years of age
|
379.90
|
11.80
|
391.70
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item
|
Clause No.
|
Brief Description
|
New Amount
|
|
No.
|
|
|
Per Week $
|
|
1
|
6(i)
|
For drivers where the semi-trailer has:
|
|
|
|
|
a single axe
|
27.55
|
|
|
|
two axles
|
33.95
|
|
|
|
more than two axles
|
39.55
|
|
2
|
6(iv)
|
Leading Hands:
|
|
|
|
|
in charge of more than 2 but not more than 10
|
16.90
|
|
|
|
employees
|
|
|
|
|
in charge of more than 10 employees
|
21.50
|
|
3
|
6(v)
|
Charge Hands
|
4.65 per day
|
|
4
|
6(vii)
|
First-aid allowance
|
10.75
|
|
5
|
6(viii)
|
Forklift drivers engaged in the loading and/or
|
5.81 per week
|
|
|
|
unloading of trailers
|
|
|
6
|
6(ix)
|
Any employee in a Production Section classification
|
2.33 per day
|
|
|
|
required to move vendors’ vehicles
|
|
|
7
|
6(x)
|
Any employee in a Production Section classification
|
14.30
|
|
|
|
who possesses a TAFE Advanced Certificate or
|
|
|
|
|
Associate Diploma
|
|
|
8
|
6(xi)
|
Employees of Australian Co-operative Foods Limited
|
0.40 per hour
|
|
|
|
working in Cargon Vendor Distribution Depots in cold
|
|
|
|
|
temperatures between -1 degree C and 7 degrees C
|
|
|
9
|
6(xii)
|
Employees of Australian Co-operative Foods Limited
|
0.40 per hour
|
|
|
|
working their entire shift within a fully enclosed
|
|
|
|
|
refrigerated warehouse or depot where temperatures
|
|
|
|
|
are below 5 degrees C.
|
|
|
10
|
8(i)
|
Shift Allowance:
|
|
|
|
|
(a) morning
shift
|
7.58
|
|
|
|
(b) afternoon
shift
|
9.90
|
|
|
|
(c) night
shift
|
12.50
|
|
|
|
(d) permanent
afternoon shift or permanent night
|
2.65 extra
|
|
|
|
shift
|
|
|
11
|
11(ii)(b)
|
Overtime - Meal Allowance
|
7.65 (N/C)
|
|
12
|
18(iii)
|
Laundry Allowance
|
4.90 (N/C)
|
F. MARKS, J
____________________
Printed by the authority of the Industrial Registrar.