TRANSPORT INDUSTRY - WASTE COLLECTION AND RECYCLING (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Application by Transport
Workers' Union of Australia, New South Wales Branch, industrial organisation of
employees.
(No. IRC 6795 of 2002)
Before Commissioner
Connor
|
4 September 2003
|
AWARD
PART A
1. Index
Clause No. Subject Matter
PART A
1. Index
2. Wages
3. Commitment
4. Training
5. Casuals
6. Part-time
Employees
7. Septic
Tanks
8. Hours of
Employment
8A Night Shift
Work
9. Meal
Times
10. Overtime
11. Recall
12. Saturday
and Sunday Work
13. Public Holidays
14. Union’s
Picnic Day
15. Annual
Leave
16. Sick Leave
17. Personal/Carer’s
Leave
17A. Employment
Protection for Defence Force Reserves
18. Long
Service Leave
19. Termination
of Employment
20. Pay Day
21. Board and
Lodging
22. General
Conditions
23. Safety and
Occupational Health Requirements
24. Union
Delegate
25. Notice
Board
26. Transport
Workers’ Union of New South Wales
27. Right of
Entry
28. Mixed
Functions
29. Away-from-home
Allowance
30. Industrial
Disputes and Grievance Procedure
30A. Anti-Discrimination
31. Definitions
32. Jury
Service
33. Bereavement
Leave
34. Leave to
Attend Trade Union Training Courses
35. Attendance
at Repatriation Centres
36. Employee
Deductions
37. Leave
Reserved
38. Area,
Incidence and Duration
PART B
MONETARY RATES
2. Wages
(i) Basic Weekly
Wage Rates - Adult and Junior Employees
The weekly rates of pay for classifications appearing
in this clause are set out in Table 1 - Wages, of Part B, Monetary Rates, and
are total rates inclusive of the basic wage for adult employees.
Classification
(A) Non-drivers
(1) Depot hands in
training shall be paid as set out in Item 1 of the said Table 1.
(2) Depot hands at
transfer stations/landfill sites shall be paid as set out in Item 2 of the said
Table 1.
(3) Depot hands,
garbage and/or recyclable materials; sorters of recyclable materials; and
offsiders on vehicles collecting garbage or recyclable materials shall be paid
as set out in Item 3 of the said Table 1.
(4) Depot hands,
sanitary wastes; offsiders on vehicles collecting mobile carts; offsiders on
sanitary vehicles shall be paid as set out in Item 4 of the said Table 1.
(B) Drivers/Operators
(1) Operators at
transfer stations, recycling depots and materials recycling facilities; drivers
of mechanical street sweeping machines; drivers of mechanical diggers,
trenchers, shovels, dozers, graders, compactors, forklift drivers and front-end
loaders; weighbridge operators and drivers of vehicles for which a class 1A
licence is required, shall be paid as set out in Item 5 of the said Table 1.
(2) Drivers of
garbage compactor vehicles with a carrying capacity not exceeding 10.7 cubic
metres; drivers of sullage tankers with a carrying capacity not exceeding
11,365 litres; drivers of vehicles with sidestacking or sideloading devices
(HIAB or similar type cranes); drivers of vehicles collecting recyclable
materials not referred to elsewhere in this award shall be paid as set out in
Item 6 of the said Table 1.
(3) Drivers of
sullage tankers with a carrying capacity exceeding 11,365 litres; drivers of
sanitary vehicles; drivers operating mechanical rear lift loading not exceeding
10.7 cubic metres capacity servicing bulk containers; drivers of vehicles
collecting mobile carts with mechanical lift, rear loading, and with a capacity
not exceeding 10.7 cubic metres; and drivers of such vehicles engaged in the
collection of recyclables, shall be paid as set out in Item 7 of the said Table
1.
(4) Drivers of
garbage compactor vehicles with a carrying capacity exceeding 10.7 cubic
metres; drivers of such vehicles engaged in the collection of recyclables;
operators of septic tanks/chemical closets, portaloos, etc., shall be paid as
set out in Item 8 of the said Table 1.
(5) Drivers of
vehicles collecting mobile carts with mechanical lift, rear loading, and with a
capacity exceeding 10.7 cubic metres; drivers operating mechanical rear lift
loading exceeding 10.7 cubic metres capacity servicing bulk containers, shall
be paid as set out in Item 9 of the said Table 1.
(6) Drivers of
vehicles collecting containers of solid waste and/or recyclable materials by
means of a one man side operated grab and hoist or lifting device, shall be
paid as set out in Item 10 of the said Table 1.
(7) Drivers of
articulated vehicles removing waste from a transfer station shall be paid as
set out in Item 11 of the said Table 1.
(8) Drivers/operators
of graders, dumpers, tractors, loaders, compactors, skid steer tractor,
dragline shovel operators, at landfill sites intermodal facility operator and tipping
platform operator only shall be paid as set out in Item 12 of the said Table 1.
(9) Drivers of
double articulated vehicles (i.e. B-Double combination vehicles) performing
work covered by this award shall be paid as set out in Item 13 of the said Table
1.
(ii) Extra
Payments
(Note: For the purpose of computing wages, overtime,
etc., the additional amounts referred to in this clause form part of the total
weekly rate for the work performed, except where otherwise indicated.)
(a) An industry allowance
as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, is payable per week to all employees to compensate for the
special disabilities associated with the hours worked and the offensive, filthy
and obnoxious nature of the duties of sanitary, sullage and garbage
employees. This allowance only applies
to employees engaged under subclause (i) of this clause.
(b) Weekly
employees only shall be paid a flat weekly amount as set out in Item 2 of the
said Table 2 in lieu of an additional week’s sick leave. This allowance only applies to employees
engaged under subclause (i) of this clause.
(c) Drivers of
vehicles with dual front steering shall be paid the following additional amount
per week as set out in Item 3 of the said Table 2.
(d) Drivers of
articulated vehicles (except employees in classifications (B)(7) or (B)(9) in
subclause (i) of this clause, or vehicles engaged in the collection of sullage)
shall be paid the appropriate rate specified and in addition thereto the weekly
amounts as set out in Item 4 of the said Table 2.
(e) Drivers of
motor vehicles with a trailer attached thereto (except employees in
classification (B)(7) in subclause (i) of this clause) shall be paid as set out
in Item 5 of the said Table 2.
(f) Employees
required to use boats for the purpose of performance of their duties shall be
paid as set out in Item 6 of the said Table 2.
(g) An employee
appointed by the employer as a leading hand shall be paid the appropriate extra
weekly amount as set out in Item 7 of the said Table 2.
(h) An employee
appointed by the employer to perform first-aid duty shall be paid per day as
set out in Item 8 of the said Table 2.
(iii)
(a) Employees who
are under 20 years of age and who are employed solely on recycling and sorting
operations shall be paid as set out in the Table 1 - Wages, of Part B, Monetary
Rates.
(b) Employees who
are 16 years of age will only be employed within recycling depots and only for
the purposes of sorting work. The rate
of pay for such employees is as set out in the said Table 1.
(c) No employee
engaged as at 2 March 1992 shall suffer any reduction in pay as a result of
this award while such employee remains with the same employer or an employer
who is a successor, transferee or to whom the business has been transmitted.
(d) Employees who
are under 20 years of age will not perform driving duties.
(e) Employees will
not perform garbage collection work unless they are paid the full rate of pay in
line with the offsider classification of this award.
(iv) An employer
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training consistent with the classification
structure of this award.
3. Commitment
(i) The Transport
Workers’ Union of New South Wales will not be making any claim for wage
increases in relation to or in connection with the August 1997, June 1998 and
June 1999 State Wage Cases or the 2000, 2001, 2002 or 2003 State Wage Cases. The wage increases arising under this award
may be offset against any existing over-award payments.
(ii) The parties
will continue to negotiate to ensure that as part of a service industry waste
management contractors operate as flexibly as possible in order to meet
customer demand.
(iii) Employees
within each grade in the new structure to be introduced are to perform a wider
range of duties, including work that is incidental or peripheral to their main
tasks or functions.
(iv) Subject to
agreement at enterprise level, employees are to undertake training for the
wider range of duties and for access to higher classifications.
(v) The parties
will not create barriers to advancement of employees within the award structure
or through access to training.
(vi) The parties
will co-operate in the transition from the old structure to the new structure
in an orderly manner without creating false expectations or disputation.
4. Training
(A) Compulsory
Induction Training
(i) The purpose
of this clause is to:
(a) ensure that
employees are certified as competent to:
(A) the F1
("Follow OH&S Procedures") competency standard under the TDT 2002
nationally recognized training package; or
(B) the Blue Card;
or
(C) other similar
or better programme.
(b) encourage the
attainment of a transferable skills base in occupational health and safety
training for employees.
(ii) Subject to
paragraph (iv) of this subclause, by 1 September 2004 an employer will ensure
that each employee:
(a) Has attained:
(A) the F1
("Follow OH&S Procedures") competency standard under the TDT 2002
nationally recognized training package; or
(B) the Blue Card;
or
(C) other similar
or better programme; and
(b) Has attained
the training specified in subparagraph (a) of this paragraph at no cost to the
employee; and
(c) Has been
provided with documentation confirming the attainment of the training specified
in subparagraph (a) of paragraph (ii) of this clause.
(iii) Subject to
paragraph (iv) of this subclause, after 1 September 2004 an employee must
complete the training set out in subclause (ii) above within two months of the
commencement of his or her employment with an employer if the employee has not
previously completed the training set out in sections (A) or (B) of subparagraph
(a) of paragraph (ii) of this subclause.
(iv) An employer’s
obligations under paragraphs (ii) and (iii) of this subclause will not apply to
a casual employee unless the engagement has been on a regular and systematic
basis for a period of at least two months.
(v) Upon request
of the union, an employer who has implemented training as set out in section
(C) of paragraph (a) of subclause will provide copies of the relevant training
programme to the union on a confidential basis for the purpose of the union satisfying
itself that the training is similar to or better than the training set out in
sections (A) or (B) of subparagraph (a) of paragraph (ii) of this subclause.
(vi) If an employee
or prospective employee is required to undergo training pursuant to paragraph
(ii) of this subclause, either prior to or after commencing employment, the
employer or proposed employer will pay the employee or prospective employee an
hourly rate for the actual hours spent in attending the training (excluding
travel time). The hourly rate will be
determined by dividing the weekly rate applicable for the employee’s
classification or proposed classification by 38 hours and will not include
payment for any overtime or any other penalties, including, but not limited to,
allowances, shift allowances or loadings.
An employee shall suffer no loss of ordinary-time earnings as result of
attendance at training provided pursuant to paragraph (ii) of this subclause.
(B) Commitment to
Training
(i) The parties to
this award recognise that, in order to increase the efficiency, productivity
and competitiveness of the waste management industry and its functions, a
greater commitment to training and skill development is required. Accordingly, the parties commit themselves
to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills;
(c) removing
barriers to the utilisation of skills acquired.
(ii) Following
proper consultation through the establishment of a training committee, an
employer shall develop a training programme consistent with:
(a) the current
and future skill needs of the enterprise;
(b) the size,
structure and nature of the operations of the enterprise;
(c) the need to
develop vocational skills relevant to the enterprise and the transport industry
and the waste management industry through courses conducted by accredited
educational institutions and/or providers.
(iii) Where it is
agreed a training committee be established, that training committee should be
constituted by equal numbers of employer and employee representatives and have
a charter which clearly states its role and responsibilities, for example:
formulation of a training programme and availability of
training courses and career opportunities to employees;
dissemination of information on the training programme
and availability of training courses and career opportunities to employees;
the recommending of individual employees for training
and reclassifications;
monitoring and advising management and employees on the
ongoing effectiveness of the training.
(iv)
(a) Where, as a
result of consultation through a training committee and with the employee concerned,
it is agreed that additional training in accordance with the programme
developed pursuant to paragraph (ii) of this subclause should be undertaken by
an employee, that training may be undertaken either on or off the job. Provided that, if the training is undertaken
during ordinary working hours, the employee concerned shall not suffer any loss
of pay. The employer shall not
unreasonably withhold such paid training leave.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(including those textbooks which are available in the employer’s technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on
an annual basis subject to the presentation of reports of satisfactory
progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
(v) Paragraphs
(i), (ii) and (iv) of this subclause shall operate as interim provisions and
shall be reviewed after nine months’ operation. In the meantime, the parties shall monitor the effectiveness of
those interim provisions in encouraging the attainment of the objectives
detailed in paragraph (i) of this subclause.
In this connection, the union reserves the right to press for the
mandatory prescription of a minimum number of training hours per annum, without
loss of pay, for an employee undertaking training to meet the needs of an
individual enterprise and/or the transport industry.
(vi) Any disputes
arising in relation to paragraphs (ii) and (iii) of this subclause shall be
subject to the provisions of clause 30, Industrial Disputes and Grievance
Procedure.
5. Casuals
(i)
(a) Casuals shall
be paid at the rate prescribed for the appropriate classification in clause 2,
Wages, and in addition thereto 20% of such rate. This additional loading is deemed to include all amounts payable
under the Annual Holidays Act 1944
for annual leave. This additional
loading forms part of the casual rate for all hours worked, whether ordinary
time or at prescribed penalty rates.
(b) Subject to
paragraph (c) of this subclause (i) of this clause, irrespective of hours
worked, a casual employee shall be paid for each engagement a minimum period of
7.6 hours. For all time worked in a day
in excess of 7.6 hours, the overtime penalty rates prescribed in clause 10,
Overtime, shall be payable on the casual rate.
(c) Casual
non-driver employees who are wholly engaged at a waste transfer station or at a
materials recycling facility shall be paid a minimum of four hours' work for
each start, provided that any casual (including labour hire personnel) who,
prior to the making of this award, was regularly engaged at the waste transfer
station or the materials recycling facility shall continue to be paid for each
engagement a minimum period of 7.6 hours.
"Regularly" in this context means at least two engagements in
four weeks. For all time worked in a
day in excess of 7.6 hours, the overtime penalty rates prescribed in clause 10,
Overtime, shall be payable on the casual rate.
(ii) The number of
casual employees engaged on a regular basis shall not exceed one quarter of the
number of regular non-casual employees.
(iii) Upon request,
any employer employing casual employees under this award shall furnish an
accredited representative of the union with the number of employees engaged on
any specified day showing separately the number of casuals employed on such
day.
(iv) In special
circumstances, proof of which shall lie on the employer, casual labour may be
used in excess of the award requirement in order to ensure that the work
required to be done on that day is performed.
6. Part-time
Employment
(i) The employer
may engage part-time employees to work in accordance with a regular pattern on
any seven days of the week at the appropriate rate of pay for the day
worked. A part-time employee shall not
be paid:
(a) for less than
20 hours in a week; and
(b) shall not be
paid for less than:
(A) 7 hours 36
minutes on any day upon which the person works; or
(B) if the employee
is engaged as a non-driver, four hours on any day upon which the person works
(ii) A part-time
employee is entitled to the pro rata benefits prescribed by this award or by
Act of Parliament that would accrue to a full time employee working on the same
day.
(iii) A part-time
employee is entitled to the same period of notice as a full-time employee in
accordance with clause 19, Termination of Employment.
(iv) The employment
of a part-time employee shall be confirmed in writing to the employee and the
letter shall state the days and times upon which the part-time employee is
required to work. Any time worked
outside the hours agreed to in such a letter shall be paid at overtime penalty
rates.
(v) In accordance
with subclause (ii) of clause 5, Casuals, a part-time employee shall be
considered a casual employee for the purposes of that subclause and in no other
respect.
7. Septic Tanks
(i) Employees
shall be paid treble rates in addition to their normal rates for all time
occupied on work in connection with the cleansing of septic tanks and/or septic
closets and/or chemical closets by other than mechanical means; such work
during weekends or at night shall not incur further overtime rates.
(ii) Employees
occupied on work in connection with the cleansing of septic tanks and/or septic
closets and/or chemical closets by mechanical means shall be paid a minimum of
four hours’ pay for each period the employee is so engaged; time worked to
include all time from the sanitary depot and return.
8. Hours of
Employment
(i) Subject to subclauses
(ii), (iii) and (iv) of this clause and clause 8A, Afternoon and Night Shift
Work, the ordinary hours of work for all employees shall not exceed eight hours
per day or 38 hours per week or 76 hours per fortnight or 152 hours per four
weeks and such hours shall be worked between the hours of midnight Sunday and
midnight Friday, inclusive.
(ii) For employees
engaged in the collection of domestic garbage, sanitary and sullage, recycling
materials and litter bins, a system of variable working hours, which may
include ordinary hours of up to ten per day, or ordinary hours to be worked on
Saturday or Sunday, may be worked throughout the whole week, Saturday and
Sunday included, where there is agreement between the employees, the contractor
and, where applicable, the Council; provided that the union and the relevant
employer association are notified of and consent to such agreement. Such consent shall not be withheld
unreasonably; provided further that, if an organisation party to this award
withholds its consent, the matter may be referred to the Industrial Relations
Commission of New South Wales for decision.
(iii) Employees not
engaged in the collection of domestic garbage, sanitary and sullage, recycling
materials and litter bins and who are wholly engaged at a waste transfer
station or at a materials recycling facility may:
(a) work ordinary
hours on a Saturday and shall be paid an additional 50% of the rates prescribed
for their respective classifications for the ordinary hours worked on that day;
and/or
(b) agree to work
ordinary hours on Sunday and shall be paid an additional 100% of the rates
prescribed for their respective classifications for the ordinary hours worked
on that day.
Note: Employees don't have to work Sunday as an
ordinary day but, should an employee agree to this change, it will form part of
that employee's contract of employment.
(iv) Any employee
who is wholly engaged at a waste transfer station or at a materials recycling
facility and who, prior to the making of Transport Industry - Waste Collection
and Recycling (State) Award published 30 March 2001 (323 IG 587), regularly
worked ordinary hours Monday to Friday and overtime on the weekend and as a
result of this award works ordinary time on the weekend shall receive not less
than the amounts shown in the appropriate column in Table 3 - Income
Protection, of Part B, Monetary Rates, for the relevant classification for
ordinary hours worked.
"Regularly" in this context means at least two weeks in
four. The amounts referred to in the
said Table 3 are only payable in a pay week in which the employee worked
ordinary hours on the weekend.
(v) An employee
who works ordinary hours on a Saturday and/or Sunday must have two consecutive
days off (unless they are worked as overtime).
(vi) The employer
shall, within the limits of the hours above prescribed, have the right to fix
the starting and ceasing times of its employees, which shall be posted in a
conspicuous place in the garage or depot, but such times shall not be altered
unless the employees so affected are given seven days' prior notice of such
alteration; provided that, in the event of a vehicle breakdown, the employer
may, upon giving to the employees a minimum of 12 hours' notice, alter the
commencing times of sufficient employees to enable the regular service to be
maintained.
8A. Afternoon and
Night Shift Work
(i) For the
purposes of this clause:
(a) "afternoon
shift" shall refer to the rostered ordinary hours of an employee where
such hours commence in the period from 4.00 p.m. to midnight inclusive on any
Monday to Sunday.
(b) "night
shift" shall refer to the rostered ordinary hours of an employee where
such hours commence in the period from midnight to 4.00 a.m. inclusive on any
Monday to Sunday.
(ii) Employees not
engaged in the collection of domestic garbage, sanitary and sullage, recycling
materials and litter bins who perform work on an afternoon shift from Monday to
Friday (inclusive) shall be paid a loading of 20% in addition to their ordinary
rate of pay.
(iii) Employees not
engaged in the collection of domestic garbage, sanitary and sullage, recycling
materials and litter bins who perform work on a night shift from Monday to
Friday (inclusive) shall be paid a loading of:
(a) 20% in
addition to their ordinary rate of pay on and from 4 September 2003; and
(b) 30% in
addition to their ordinary rate of pay on and from 4 September 2004.
(iv) Notwithstanding
anything contained in this clause, afternoon shift shall be paid at the rate
applicable to the day on which the majority of the ordinary hours are worked.
(v) Notwithstanding
anything contained in this clause, employees may only work ordinary hours on a
Saturday or Sunday in the circumstances and subject to the conditions
prescribed by subclauses (iii), (iv) and (v) of clause 8, Hours of Employment.
(vi) Notwithstanding
anything contained in this clause, employees who work afternoon or night shift
on a Saturday or Sunday will not be entitled to any shift loading, but will be
paid at the rates for Saturday and Sunday work.
9. Meal Times
Employees shall be allowed a break for a meal each day of
not more than one hour’s duration which shall be taken, as far as practicable,
within a period of five hours of commencing work; provided that such
arrangement may be altered by agreement between the employer and the employees.
10. Overtime
(i) All time
worked in excess of or outside the ordinary shift shall be overtime and shall
be paid for at the rate of time and one half for the first two hours and double
time thereafter until the employee ceases duty or the ordinary starting time is
reached, whichever first occurs.
(ii) When an
employee is called upon to work overtime and works two or more hours of such
overtime, such employee shall be supplied by the employer with a suitable meal
or be paid the sum specified in Item 9 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, in lieu thereof for the first two hours or part
thereof of overtime worked. Thereafter,
for every further four hours of overtime worked, a further meal shall be
provided or a further meal allowance in the sum specified in Item 9 of the said
Table 2 shall be paid in lieu thereof.
(iii) Notwithstanding
subclause (ii) of this clause, in the case of an employee engaged by and employer
on or before 26 September 1995 who regularly works overtime and who would not
receive a meal or a meal allowance under the said subclause (ii), such an
employee after working any overtime shall be supplied by the employer with
suitable meal or be paid the sum specified in Item 9 of the said Table 2 in
lieu thereof.
(iv) In the
calculation of overtime, portions of hours shall be taken to the nearest one
tenth of an hour.
(v) Weekly
Employees
The base hourly rate of pay shall be calculated by dividing
the appropriate weekly rate prescribed by clause 2, Wages, for the employee
concerned by 38.
(vi) Casual
Employees
In the case of casual employees, the overtime rate
shall be calculated on the casual rate of pay using a divisor of 38 to calculate
the base hourly rate of pay.
11. Recall
An employee recalled to work overtime after leaving the
employer’s business premises shall be paid for a minimum of four hours’ work at
the appropriate rate for each time the employee is so recalled; provided that
any subsequent call-backs occurring within a four-hour period shall not attract
any additional payment, provided further that, except in the case of unforeseen
circumstances arising, the employee shall not be required to work the full four
hours if the job the employee was recalled to perform is completed within a
shorter period.
This clause shall not apply in cases where it is customary
for an employee to return to the employer’s premises to perform a specific job
outside the employee’s ordinary working hours or where the overtime is
continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
12. Saturday and
Sunday Work
(i)
(a) An employee
required to work on a Saturday, where it is not worked as an ordinary day,
shall be paid at the rate of time and one half for the first two hours and
double time thereafter for all time worked, with a minimum payment of four
hours at the appropriate rate of pay, whether the employee works for that
period of time or not.
(b) An employee
who is required to commence work on a Saturday, other than an employee working
an ordinary shift, at 12 noon or thereafter, shall be paid at double time for
all time worked in lieu of the rate prescribed in paragraph (a) of this subclause.
(ii) An employee
required to work on a Sunday, other than an employee who has agreed to work
Sunday as an ordinary day, shall be paid at the rate of double time for all
time worked, with a minimum payment as for four hours’ work at the appropriate rate
of pay, whether the employee works for that period of time or not.
(iii) For all work
performed on Easter Sunday, the rate of double time and one half shall be paid
with a minimum payment as for four hours, provided that such work continues
until the employee is released from duty by the employer.
(iv) The base
hourly rate of pay shall be calculated by dividing the appropriate weekly rate
of pay prescribed by clause 2, Wages, by 38.
13. Public Holidays
(i) The days upon
which the following holidays are observed shall be holidays, namely: New Year’s
Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday,
Eight Hour Day (or Labour Day), Christmas Day and Boxing Day, together with any
other days which may be proclaimed as holidays.
(ii)
(a) Weekly
Employees
All work performed on any of the abovementioned days
(except Christmas Day and Good Friday) shall be paid for at the ordinary rate
of pay for a rostered working day multiplied by two and one half with a minimum
payment as for seven hours, 36 minutes (except in the case of litter bin
collection or other agreed areas, including emergency pump outs or the removal
of dead animals where the minimum payment shall be as for four hours' work.) For all work performed on Christmas Day and
Good Friday, the ordinary rate of pay for a rostered working day multiplied by
three shall be paid with a minimum payment as for seven hours, 36 minutes' work
(except in the case of litter bin collection or other agreed areas including
emergency pump outs or the removal of dead animals, where the minimum payment
shall be as for four hours work.)
(b) Casual
Employees
For all time worked by casual employees on a public
holiday (except Christmas Day and Good Friday), a casual employee shall be paid
the ordinary casual rate of pay multiplied by two and half with minimum payment
as for seven hours, 36 minutes, and for all time worked by casual employees on
Christmas Day and Good Friday, a casual employee shall be paid the ordinary rate
of pay multiplied by three with a minimum payment as for seven hours, 36
minutes.
(iii) In any week
during which a holiday is observed on any day Monday to Friday, inclusive, the
ordinary working time of such week shall be reduced by eight hours for each
holiday occurring.
(iv) No deduction
of wages shall be made from the wages of a weekly employee who is not required
to work on a holiday; provided that an employee who is required to work on a
public holiday and who fails to report for duty shall not be paid for that
holiday unless such employee is absent from work with reasonable excuse.
(Note: Due to the nature of the industry having regard
to public health, employees are normally required to work on public holidays.)
(v) An employee
who is engaged on a bi-weekly service and who is not required to work on a
holiday upon which, were the day not a holiday, normal domestic garbage service
would have been provided, shall be paid, if the employee attends for work on
the next normal working day, an additional amount equal to four hours’ pay for
the employee’s classification prescribed by clause 2, Wages, for picking of
extra work. This subclause shall apply
to casual employees but the casual loading prescribed by clause 5, Casuals,
shall not be taken into account in calculating the additional amount prescribed
by this subclause. This subclause shall
not apply where the work would have been performed on a holiday when clean-up
only would have been performed.
(vi) For the
purposes of this award, "Christmas Day" shall be 25 December in each
year.
(vii) Weekly
Employees
The base hourly rate of pay shall be calculated by
dividing the appropriate weekly rate prescribed by clause 2, Wages, for the
employee concerned by 38.
(viii) Casual
Employees
In the case of casual employees, the overtime rate
shall be calculated on the casual rate of pay using a divisor of 38 to
calculate the base hourly rate of pay.
14. Union’s Picnic
Day
(i) Easter
Saturday shall be recognised as the union’s picnic day.
(ii) Subject to
subclause (iii) of this clause, a financial member of the union who is required
to work on Easter Saturday shall be paid at the ordinary rate of pay multiplied
by two and one half in addition the payment prescribed by subclause (iv) of
this clause for the actual time worked with a maximum payment as for eight
hours’ work (except in the case of litter bin collection or other agreed areas,
where the minimum payment shall be as for four hours’ work).
(iii) When Easter
Saturday is proclaimed as a public holiday, a financial member of the union who
is required to work on Easter Saturday shall be paid in accordance with
subclause (ii) of clause 13, Public Holidays.
In addition, the payment prescribed by subclause (iv) of this clause for
the actual time worked and subclause (ii) of this clause shall have no
application.
(iv) In addition to
all other payments due to an employee, where such an employee is a financial
member of the union, then that employee shall, upon proof thereof, be paid an
additional day’s pay in the pay period in which Easter Saturday falls.
(v) For the
purpose of this clause, "financial member of the union" shall mean an
employee who is at the time of the picnic day a financial member, or who was a
financial member of the union as at 31 December of the preceding year.
(vi) An employer’s
obligations under this clause will not apply to a casual employee, unless the
casual employee is a union member and has worked for one employer on Easter
Saturday or on any day in the week before or after Easter Saturday.
15. Annual Leave
(i) Weekly
Employees
(a) Every employee
shall become entitled in respect of each year of employment to four consecutive
weeks’ annual leave exclusive of public holidays. For each public holiday occurring during the period of annual
leave, an additional day shall be added to the employee’s leave for each such
holiday occurring.
(b) An annual
holiday of four weeks shall be given and taken in one consecutive period, or,
if the employee and employer so agree, in two separate periods. The employee and the employer may also agree
for annual leave to be taken in shorter periods of a minimum of one day,
provided that not more than five days out of the employee’s yearly entitlement
to annual leave is so taken.
(c) Upon
termination of employment, an employee shall be entitled to payment for all
untaken leave, together with such sum as bears the same ratio to four weeks’
pay as the employee’s number of months’ service since the employee last became
entitled to leave bears to one year, or, in the case of an employee whose
period of service is less than one year, to payment of such sum as bears the
same ratio to four weeks’ pay as the employee’s number of months’ service bears
to one year.
(d) An employee at
the time of entering upon a period of annual leave, in accordance with this
award, shall be entitled to an additional payment in respect of the period of
employment to which the said leave is referable, calculated on the basis of
3.166 hours ordinary pay for each month; provided that the maximum amount
payable for any 12-month period shall not exceed 38 hours.
(ii) The casual
rate of pay prescribed by this award includes an allowance for entitlement
under the Annual Holidays Act 1944.
16. Sick Leave
(i) Employees shall
be entitled to absences through illness of up to ten days or 76 hours per
annum.
(ii) Notwithstanding
the provisions of subclause (i) of this clause, after three months’ continuous
service with an employer, an employee is entitled to 38 hours of paid sick
leave during the first year of service and is entitled to 76 hours of paid sick
leave during the second and each subsequent year of service.
(iii) Sick leave
not taken in any year shall accumulate from year to year to be taken when
justified in a later year of service without diminution of the sick leave
prescribed in respect of that year.
(iv) Before being
paid for sick leave:
(a) the employee
must furnish to the employer such evidence as the employer may reasonably
require that the employee was unable, by reason of illness or injury or
elective surgery (including dentistry), to attend for duty on the day for which
sick leave is claimed; and
(b) the employee
must have notified the employer of the inability to attend for duty before the
employee’s normal starting time, or, if that is not practicable, before the end
of the employee’s normal ceasing time on that first day. When telling the employer of the inability
to attend for work on that day, the employee must say how long the absence is
estimated to last and the nature of the illness. If it turns out later that the absence will be longer than the
employee first estimated, then the employee must inform the employer of the
revised estimate of length of absence before the original estimate of absence
has expired.
Any dispute over whether these conditions have been met must
be dealt with in accordance with clause 30, Industrial Disputes and Grievance
Procedure. Any special case will be
dealt with on its merits.
17. Personal/Carer's
Leave
(i) Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in paragraph (c) of this subclause, 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 16, 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
the employee being responsible for the care of the person concerned; and the
person concerned being:
(1) a spouse of
the employee; or
(2) 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
(3) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling the employee of spouse or de facto spouse of
the employer; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"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.
(ii) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in paragraph (c) of subclause (i) of this
clause who is ill.
(iii) 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.
(iv) 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.
(v) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under 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.
(vi) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take 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 employer.
(d) This subclause
is subject to the employer informing the union where it 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 to
participate in negotiations.
17A. Employment
Protection for Defence Force Reserves
See Defence Reserve
Service (Protection) Act 2001 (Cth).
18. Long Service
Leave
See Long Service Leave
Act 1955.
19. Termination of
Employment
(i) Where termination
is initiated by an employee, the employee must give one week’s notice of
termination of employment to the employer or forfeit one week’s pay in lieu
thereof.
(ii) Where
termination is initiated by the employer, the employer must give the employee
notice in accordance with the following table:
Employee’s Period
of Continuous Service with the Employer
|
Period of Notice
|
Not more than one year
|
At least one week
|
More than one year but not more than 3 years
|
At least 2 weeks
|
More than 3 years but not more than 5 years
|
At least 3 weeks
|
More than 5 years
|
At least 4 weeks
|
(iii) Instead of
notice, the employer may give the employee compensation which must equal the total
of all amounts that the employer would have become liable to pay if the
employee’s employment had continued until the end of the required period of
notice.
This total must be worked out on the basis of:
(a) the employee’s
ordinary hours of work (even if they are not standard hours); and
(b) the amounts
payable to the employee in respect of those hours, including (for example)
loadings, allowances and penalties.
(iv) Notwithstanding
subclauses (ii) and (iii) of this clause, an employer need not give any notice
if the employee is guilty of serious misconduct.
20. Pay Day
(i) All wages
shall be paid by weekly by cash or by electronic funds transfer on any weekday
Monday to Friday, as determined by the employer, but the day on being fixed
shall not be altered more often than once in three months.
(ii) No employer
shall hold more than one day’s wages in hand.
(iii) Wages shall
be paid without unnecessary delay after the employee’s rostered finishing time
on the day set apart as the pay day. An
employee kept waiting for wages owing on pay day for more than a quarter of an
hour after the employee’s rostered finishing time shall be paid at overtime
rates after a quarter of an hour with a minimum payment for a quarter of an hour. Notwithstanding the foregoing, the
provisions of this subclause shall not apply where the delay is outside the
employer’s control (proof of which shall be on the employer).
(iv) Casual
employees shall be paid at the end of each day or at the termination of their
casual employment.
(v) Where an
employer has more than one yard, arrangements as to the place of payment of
wages shall be mutually agreed upon between the employer and employees; failing
an agreement, the matter may be referred to the Conciliation Committee for
decision.
(vi) Notwithstanding
the provisions of subclause (i) of this clause, by mutual agreement an employee
may be paid wages directly into an account standing to the credit of the
employee.
21. Board and Lodging
It shall not be a term of employment that an employee shall
board or lodge with the employer or at the employer’s expense.
22. General
Conditions
(i) No employee
shall be required or permitted to lift any garbage receptacle by hand in excess
of 32 kilograms total weight, i.e. weight of can and contents, unless adequate
assistance is provided.
(ii) Only approved
garbage cans with tight fitting lids and/or approved garbage bags and/or mobile
carts shall be collected or emptied.
(iii) No employee shall
be required or permitted to lift, collect, empty or otherwise manually handle
any garbage bin in excess of a maximum of 0.056 cubic metre capacity; or which
is not in an upright position; provided that this subclause shall not apply to
a bin or cart which is equipped with wheels and handles and is designed to be
lifted and emptied by hydraulic means.
(iv) Employees and
all other parties to this award shall be required to observe the Traffic Act
and Regulations and any successor legislation and regulations during the course
of employment.
(v) Each
contractor shall have regular assessments (including a count of all receptacles
picked up) made at least once in every 12 months in order to adjust the work
load and ensure it is not excessive.
23. Safety and
Occupational Health Requirements
(i) The employer
shall provide:
(a) vehicles used
in the collection, transportation and disposal of waste shall be of high
visibility and fitted with a flashing light or lights visible from all points
around the vehicle;
(b) to employees
suitable, high visibility clothing with reflective material, provided that
nothing in this paragraph shall be deemed to exclude the use of the company’s
name, logo or telephone number; clothing provided in accordance with this
paragraph shall not be loose-fitting;
(c) to employees
suitable, footwear having regard to the work performed and the prevailing
conditions, including the state of roads, pavements and topography in the areas
in which the work is to be performed;
(d) after consultation
with a medical officer, a qualified occupational health nurse or an appropriate
officer from the Office of Industrial Relations, suitable first-aid kits to be
carried in each vehicle.
(e) torch and
batteries for drivers and offsiders as reasonably required.
(ii) The employer
shall have available:
(a) water-proof
clothing consisting of water-proof coat, hat or cap or southwester for each
employee required to work out of doors in wet weather;
(b) suitable
gloves.
(iii) A first-aid outfit
shall be kept and maintained by the employer at each establishment, yard, depot
and garage where there are employees covered by this award. Such outfit is to comprise a first-aid
ambulance chest, which shall:
(a) be of wood or
metal, be dust-proof and be distinctively marked with a white cross upon a
green ground;
(b) be so equipped
and maintained as to contain at least the articles and appliances specified by
the first-aid Regulations under the Factories,
Shops and Industries Act 1962;
(Note: The employer shall display a copy of the
appropriate schedule, referred to above, on or adjacent to the first-aid
ambulance chest.)
(c) contain
nothing except requisite articles and appliances for first aid;
(d) be readily
accessible to the persons employed in the establishment, yard, depot and
garage; and
(e) be placed
under the charge of a responsible person or persons who or one of whom shall
always be readily available during working hours. A clearly legible notice stating the names of the person or persons
in charge of the ambulance chest shall be affixed in a conspicuous position on
or adjacent to the chest.
(iv) No employee
shall enter the back of a vehicle while the motor is running, place his/her
hands in a bin while it is being emptied, fail to keep clear of lifters when
hydraulics are engaged, ride on the back of a vehicle while it is reversing,
cross the road in front of a collection vehicle, ride on the outside of a cabin
of a collection vehicle, fail to keep clear of the back door while the vehicle
is tipping, place garbage receptacles on the road or road shoulder, or obstruct
his/her natural hearing.
(v) Where one or
more offsiders are engaged on waste collection, the driver of a collection
vehicle shall be aware of the location of offsiders at all times and remain in
the cabin while the collection vehicle is in use.
(vi) It shall be
the duty of an offsider to guide the collection vehicle while it is reversing,
to be aware of and watch traffic movement around the collection vehicle, and to
act appropriately.
(vii) Where safety
clothing and footwear has been provided by the employer in accordance with this
clause, it shall be the duty of the employee to wear such clothing and footwear
at all times while the employee is at work.
(viii) The employee
shall not obscure high visibility clothing in any way.
(ix) No
unauthorised persons, animals or goods of any kind shall be allowed in the
cabin of collection vehicles.
(x) Where an employee
comes into contact with direct or reflected sunlight during working hours and
requires special clothing and/or headgear to protect himself/herself from the
sun, these shall be provided, free of cost, by the employer.
(xi) An employee
who comes into contact with direct or reflected sunlight during working hours
shall be provided with Australian standard, AS 1067 sunglasses, free of cost,
by the employer. Those employees who
require safety sunglasses shall be provided, free of cost, by the employer,
with Australian standard AS 1337 or AS 1338 safety sunglasses.
(xii) An employee
who comes into contact with direct or reflected sunlight during working hours
shall be provided with sufficient quantities of broad spectrum SPF 30+
sunscreen to protect himself/herself from the sun, free of cost, by the
employer.
24. Union Delegate
(i) An employee
appointed as union delegate in the yard, depot or garage shall, upon
notification thereof to the employer by the branch or sub-branch secretary of
the union, be recognised as the accredited representative of the union.
(ii) Any matter
arising in the yard, depot or garage affecting members of the union may be
investigated by the delegate and discussed with the employer or the employer’s
representative. The delegate shall,
upon request, be allowed a reasonable opportunity to carry out such duties at a
time reasonably convenient to the delegate and the employer.
(iii) If a matter
in dispute is not settled, the delegate shall, on request, be allowed access to
a telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
25. Notice Board
The employer shall supply a notice board of reasonable
dimensions to be erected or to be placed in a prominent position in the yard,
depot or garage, upon which accredited representatives of the union shall be
permitted to post formal union notices signed by the representative or
representatives.
26. Transport
Workers’ Union of New South Wales
The role of the Transport Workers’ Union of New South Wales
as the representative of the industrial interests of employees under this award
is recognised.
27. Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996.
(Note: This provides that a duly accredited representative
of the union shall have the right to enter any workplace or premises for the
purpose of interviewing employees and investigating suspected breaches of
awards or agreements of the Industrial
Relations Act 1996and in such investigations inspect time and pay sheets, so
long as the accredited representative does not unduly interfere with the work
being performed by any employee during working time.)
28. Mixed Functions
(i) Where an
employee is called upon in any day to do any work for which a higher rate of pay
is payable than the employee’s ordinary rate of pay:
(a) where the time
worked is less than two hours, the employee will be paid the higher rate for
the time worked; and
(b) where the time
worked is two hours or more, the employee will be paid the higher rate for the
whole day.
(ii) When an
employee is called upon to do any work for which a lower rate of pay is so
prescribed, such employee shall suffer no reduction in pay during such period.
29. Away-from-home
Allowance
All reasonable expenses, including out-of-pocket and
travelling expenses, incurred by an employee who is required, because of the
employee’s duties, to remain away from home overnight, shall be paid by the
employer.
30. Industrial
Disputes and Grievance Procedure
In the event of a question, dispute or difficulty arising at
a workplace:
(i) The matter
shall first be raised with the workplace supervisor and agreement sought.
(ii) If the
dispute is not resolved at this level, the matter may be discussed between the
union delegate and the workplace manager.
(iii) Should the
dispute remain unresolved, the matter may be referred to an official of the
union, who shall discuss it with senior management. The employer may, if so desired, be represented by a
representative of an employer association of which the employer is a member.
(iv) In the event
of no agreement being reached at this stage, the dispute will be referred to
the Industrial Relations Commission of New South Wales or the wast Industry
Collection and Transportation Recycling and Disposal Industry (State)
Industrial Committee.
(v) Reasonable
time limits will be allowed for discussion at each level of authority.
(vi) While the
procedure is being followed, normal work will continue as directed.
30A.
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
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or has
been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977; or
(d) a party to
this award from pursing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
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."
31. Definitions
(i) "Blue
Card" means a safety initiative for the transport and waste collection
industries, based upon the Transport and Distribution ("TDT 2002")
nationally recognised level 1 training competency. Blue Card compels employees to familiarise themselves with, and
follow, occupational health and safety procedures. Blue Card is conducted by a registered training provider that is
licensed to deliver Blue Card.
(ii) "Casual
Employee" means an employee not engaged as a weekly employee.
(iii) "Christmas
Day" means the 25th day of December of each year.
(iv) "Depot
Hands (Sanitary Work)" means employees engaged in any or all of the
following duties: Ploughing-in night-soil, washing and tarring pans, assisting
in unloading night-soil, loading pans at the depot, attendance on boilers,
cleaning, washing and greasing of vehicles in the depot, cleaning premises at
depot and the attendance (including grooming, stabling and feeding) upon
horses.
(v) "Depot
Hands (Garbage Work)" means employees engaged in any or all of the
following duties: assisting in loading and unloading garbage at the depot or
tip, supervision at garbage tip, attendance on burners, cleaning, washing and
greasing of vehicles in the depot, cleaning of premises at depot or tip and
attendance (including the grooming, feeding and stabling) upon horses.
(vi) "Union"
means the Transport Workers’ Union of New South Wales.
(vii) "Leading
Hand" means an employee appointed as such by the employer and who will
have the responsibility of hiring casual labour for the purposes of carrying
out responsibilities for the specified work and other such duties as specified
by the contractor but shall not have the right to terminate any permanent
employee.
(viii) "Driver"
means an employee engaged to control any vehicle specified in this award. A driver shall be responsible for normal
maintenance checks on a vehicle in the driver’s control, i.e. refuelling,
engine oil, battery water levels, radiator water levels and tyres. The employee shall also be responsible for
reporting any defect on such vehicle to the yard supervisor.
(ix) "Extra
Hand", "Loader", "Offsider" or "Assistant"
means an employee engaged in the collection, removal and disposal of household
garbage when placed out in approved receptacles, and garden refuse and yard
rubbish when properly packaged or bundled and capable of being handled by one
man with safety.
(x) "Intermodal
Facility Operator" means an employee who unloads filled containers from
railway trucks or vehicles engaged in transportation of waste to waiting
vehicles for further transport and loading empty containers from waiting
vehicles on to railway trucks.
(xi) "Tipping
Platform Operator" means a person operating a platform from which
delivered containers of waste are emptied at a landfill site.
(xii) "Waste
Disposal Site" means any site where liquid and/or solid waste is either permanently
deposited or converted to an alternative use for recycling and shall include
incinerators and/or other means of destruction.
(xiii) "Materials
Recycling Facility" or "Recycling Depot" means a facility
receiving recyclable material for the purposes of sorting and dispatch.
32. Jury Service
(i) In the event
of an employee being required to attend on jury service, the employee shall be
paid the difference between the normal rate of wage and such fees as the
employee is paid for the jury service.
(ii) Written proof
of attendance and of the amount received in jury fees shall be submitted to the
employer.
33. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days' bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in paragraph (c) of subclause (i) of clause 17, Personal/Carer's
Leave. 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 outside of Australia of a person
prescribed by the said paragraph (c), where such person travels outside
Australia 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 the said
paragraph (c), 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 (vi) of the said clause 17. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
34. Leave to Attend
Trade Union Training Courses
(i) An employee
who has been sponsored by the union to attend a course of training conducted by
or with the support of the Trade Union Training Authority and who does so
attend shall be paid by the employer at ordinary rates for the days upon which
the employee is absent from work due to attendance at the said course; provided
that no employer shall be called upon to pay more than six days’ leave in total
per calendar year irrespective of the number of the employees who attend the
aforementioned courses.
(ii) An employee
who has completed a basic trade union training course in accordance with
subclause (i) of this clause and who is desirous of attending a longer trade
union training course and who is sponsored by the union to attend such course
conducted by or with the support of the Trade Union Authority and who does so
attend shall be paid by the employer at ordinary rates for the days upon which
an employee is absent from work due to attendance at the said course; provided
that no employer shall be called upon to pay in accordance with this subclause
more than ten days’ leave in total per calendar year at any yard irrespective
of the number of its employees who attend the aforementioned courses.
35. Attendance at
Repatriation Centres
Permanent employees, being ex-service personnel, who are not
reimbursed by the Department of Repatriation, shall be allowed as time worked,
lost time incurred whilst attending repatriation centres for medical
examination and/or treatment, provided that:
(i) such lost
time does not exceed four hours;
(ii) an employee
produces evidence satisfactory to the employer that the employee is so required
to and/or does attend a repatriation centre.
36. Employee
Deductions
(i) All
non-statutory, agreed and subsequently authorised deductions from an employee's
pay shall be applied to the purpose of the deduction:
(a) within 30
days of the end of the month of the deduction occurring; or
(b) no later than
the date when the instalment is due to be paid to the recipient institution
where the recipient institution has an instalment period of longer than 30
days.
(ii) The employer
shall generate and maintain records of the following transactions:
(a) Deductions
Such deductions shall appear on the employee's next pay
advice; and
(b) Payments to
Recipient Institution
The employer shall provide the employee with evidence
that such a payment has been made upon the request of the employee.
37. Leave Reserved
Leave is reserved to the union to apply in respect of:
Chain of Responsibility
Job Security
Transport Worker Assistance and Retraining
38. Area, Incidence
and Duration
This award rescinds and replaces the Transport Industry -
Waste Collection and Recycling (State) Award published 30 March 2001 (323 I.G.
587).
It shall apply to all drivers, loaders and extra hands
employed on motor or other power propelled vehicles, carters, extra hands,
grooms, stablemen, night-soil depot hands and extra hands employed in sweeping
gutters, employed on or in connection with the removal and disposal of
night-soil or garbage (including trade waste, sullage and at transfer stations
and other waste disposals sites, including land fill, incinerators, recycling
depots, &c.) in the State, excluding the County of Yancowinna, within the
jurisdiction of the Waste Industry Collection and Transportation Recycling and
Disposal Industry (State) Industrial Committee.
It shall take effect from the beginning of the first pay
period to commence on or after 4 September 2003 and shall remain in force
thereafter for a period of two years.
PART B
MONETARY RATES
Note: In this part of the award, "Rate A", where
it appears refers to the rate of pay payable effective from the beginning of
the first pay period on or after 4 September 2003, and "Rate B",
where it appears, refers to the rate of pay payable from the beginning of the
first pay period on or after 4 September 2004.
Table 1 - Wages
(i) Adult
Employees
Item
|
Classification
|
Rate A per week
|
Rate B per week
|
|
|
$
|
$
|
1
|
(A)(1)
|
504.30
|
519.40
|
2
|
(A)(2)
|
543.45
|
559.35
|
3
|
(A)(3)
|
572.45
|
638.20
|
4
|
(A)(4)
|
602.10
|
620.20
|
5
|
(B)(1)
|
582.20
|
599.70
|
6
|
(B)(2)
|
597.50
|
615.40
|
7
|
(B)(3)
|
619.60
|
638.30
|
8
|
(B)(4)
|
633.10
|
652.10
|
9
|
(B)(5)
|
661.00
|
680.85
|
10
|
(B)(6)
|
680.00
|
700.40
|
11
|
(B)(7)
|
680.70
|
701.10
|
12
|
(B)(8)
|
721.60
|
743.25
|
13
|
(B)(9)
|
727.60
|
749.45
|
(ii) Junior
Employees
Years of Age
|
Rate A per week
|
Rate B per week
|
|
$
|
$
|
16
|
317.80
|
327.30
|
17
|
375.00
|
386.25
|
18
|
439.30
|
452.50
|
19
|
501.40
|
516.40
|
20
|
Adult Rate
|
Adult Rate
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Rate per week
|
|
|
|
unless
|
|
|
|
otherwise
|
|
|
|
indicated
|
1
|
2(ii)(a)
|
Disability allowance -
sanitary, sullage and garbage employees
|
25.70
|
2
|
2(ii)(b)
|
In lieu of additional
sick pay
|
10.80
|
3
|
2(ii)(c)
|
Drivers of vehicles
with dual front steering
|
9.50
|
4
|
2(ii)(d)
|
Drivers of articulated vehicles
where the semi- trailer has:
|
|
|
|
A single axle
|
26.30
|
|
|
Two axles
|
34.30
|
|
|
More than two axles
|
41.20
|
5
|
2(ii)(e)
|
Drivers of motor
vehicles with a trailer attached
|
32.90
|
6
|
2(ii)(f)
|
Using boats as part of duties
|
26.70
|
7
|
2(ii)(g)
|
Leading Hands - In
charge of:
|
|
|
|
Over 3 and up to 8
employees
|
16.60
|
|
|
Over 8 and up to 15
employees
|
24.80
|
|
|
Over 15 employees
|
33.20
|
8
|
2(ii)(h)
|
First-aid allowance
|
2.85
|
9
|
10(ii),(iii)
|
Meal allowance
|
9.45
|
Table 3 - Income Protection
Classification
|
Saturday as an
Ordinary
|
Sunday as an
Ordinary
|
Saturday and Sunday
as
|
|
Day
|
Day
|
Ordinary Days
|
Adult
|
(A)(1)
|
596.25
|
607.50
|
776.25
|
(A)(2)
|
642.55
|
654.70
|
836.55
|
(A)(3)
|
676.75
|
689.50
|
881.00
|
(A)(4)
|
711.85
|
725.30
|
926.80
|
(B)(1)
|
688.30
|
701.30
|
896.10
|
(B)(2)
|
706.43
|
719.75
|
919.70
|
(B)(3)
|
732.50
|
746.35
|
953.65
|
(B)(4)
|
748.55
|
762.70
|
974.55
|
(B)(5)
|
781.60
|
796.35
|
1017.55
|
(B)(6)
|
803.95
|
819.10
|
1046.60
|
(B)(7)
|
804.75
|
819.95
|
1047.70
|
(B)(8)
|
853.16
|
869.25
|
1110.70
|
Junior (Years)
|
16
|
375.75
|
382.85
|
489.15
|
17
|
443.40
|
451.75
|
577.25
|
18
|
519.40
|
529.20
|
676.20
|
19
|
592.75
|
603.95
|
771.70
|
P. J. CONNOR, Commissioner.
Waste Industry
Collection and Transportation Recycling and Disposal Industry (State)
Industrial Committee
Industry and Callings
All drivers, loaders, extra hands, operators, forklift
drivers and other persons employed in or in connection with the removal,
sorting, processing or transferring and disposal of waste including liquid
waste, sullage, recyclable materials and night soil, street litter bins erected
in public places and sweeping gutters including persons employed at recycling
facilities, transfer stations and landfill sites and incinerators in the State,
excluding the County of Yancowinna;
excepting all
employees of:
Shire, municipal and county councils;
The Council of the City of Sydney;
and excepting all employees within the jurisdiction of the
Waste Industry - Collection and Transportation of Trade Waste (State)
Industrial Committee.
____________________
Printed by
the authority of the Industrial Registrar.