Transport Industry - Petroleum, &c., Distribution (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 1239 of 2006)

 

 

VARIATION

 

1.          Insert in numerical order in clause 2, Arrangement, of the award published 24 August 2001 (327 I.G. 62), the following new clause and subject matter:

 

42A.    Occupational Health and Safety

 

2.          Insert after paragraph 28.2.3, of clause 28, Casual Employees And Part-Time Employees, the following new paragraph:

 

23.2.4               Conversion of casual employment

 

28.2.4(i)           A casual employee, other than an irregular casual employee as defined in clause 28.2.4(xi), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

 

28.2.4(ii)          An employer of such an employee shall give the employee notice in writing of the provisions of clause 28.2.5 within four weeks of the employee having attained such period of twelve months.

 

28.2.4(iii)         The employee retains his or her right of election under this clause even if the employer fails to comply with clause 28.2.4(ii).

 

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

 

28.2.4(v)          Any casual employee who has a right to elect under clause 28.2.4(i), upon receiving notice under clause 28.2.4(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 contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

28.2.4(vi)         A casual employee who has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.

 

28.2.4(vii)        lf a casual employee has elected to have hrs or her contract of employment converted to full-time or part-time employment in accordance with clause 28.2.4(i), the employer and employee in accordance with this subparagraph, and subject to clause 28.2.4(iii), shall discuss and agree upon:

 

(1)        which form of employment the employee will convert to, that is, full-time or part-time; 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 as set out in clause 28.4.

 

28.2.4(viii)       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 full­time 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 upon between the employer and employee.

 

Following such agreement being reached, the employee shall convert to fulltime or part-time employment.

 

Where, in accordance with clause 28.2.4(v) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

 

28.2.4(ix)          Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

28.2.4(x)           An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.

 

28.2.4(xi)          An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

 

28.2.4(xii)         The provisions of clause 28.2.4 do not apply to irregular casual employees.

 

3.          Insert after paragraph 28.3.5, of clause 28, Casual Employees And Part-Time Employees, the following new paragraphs:

 

28.3.6               Conversion of casual employment - rural distribution operations

 

28.3.6(i)           A casual employee, other than an irregular casual employee as defined in clause 28.3.6(xi), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

 

28.3.6(ii)          An employer of such an employee shall give the employee notice in writing of the provisions of clause 28.3.6 within four weeks of the employee having attained such period of twelve months.

 

28.3.6(iii)         The employee retains his or her right of election under this clause even if the employer fails to comply with clause 28.3.6(ii).

 

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

 

28.3.6(v)          Any casual employee who has a right to elect under clause 28.3.6(i), upon receiving notice under clause 28.3.6(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 contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

28.3.6(vi)         A casual employee who has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.

 

28.3.6(vii)        lf a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 28.3.6(i), the employer and employee in accordance with this subparagraph, and subject to clause 28.3.6(iii), shall discuss and agree upon:

 

(1)        which form of employment the employee will convert to, that is, full-time or part-time; 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 as set out in clause 28.4.

 

28.3.6(viii)       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 full­time 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 upon between the employer and employee.

 

Following such agreement being reached, the employee shall convert to fulltime or part-time employment.

 

Where, in accordance with clause 28.3.6(v) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

 

28.3.6(ix)          Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure,

 

28.3.6(x)           An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award

 

28.3.6(xi)          An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

 

28.3.6(xii)         The provisions of clause 28.3.6 do not apply to irregular casual employees.

 

4.          Insert after clause 42, Heavy Articles, the following new clause:

 

42A.  Occupational Health and Safety

 

(i)         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.

 

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

 

5.          This variation shall take effect from the 21 March 2006.

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. W. HARRISON  D.P.

W. R. HAYLEN  J.

I. TABBAA, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.