Footwear Manufacturing Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1536 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Dispute Settlement Procedure

4.         Contract of Employment

5.         Part-time Employees

6.         Temporary Employees

7.         Casual Employees

7A.      Secure Employment

8.         Rates of Pay

9.         Skill Levels

10.       Leading Hands

11.       Enterprise Flexibility

12.       Rates of pay - Apprentices and Probationers

13.       Apprenticeship - Manufacturing

14.       Apprenticeship - Components

15.       Junior Workers

16.       State Apprenticeship Regulations

17.       Mixed Functions

18.       Incentive Systems - Payment By Results Systems

19.       Payment of Wages

19A.    Deduction of Union Membership Fees

20.       Hours of Work

21.       Implementation of 38-Hour Week

22.       Meal Times

23.       Rest Period

24.       Overtime

25.       Time Off in Lieu of Overtime

26.       Shift Work

27.       Weekend Work

28.       Holidays

29.       Annual Leave

30.       Trade Union Training Leave

31.       Sick Leave

32.       Personal/Carer's Leave

33.       Bereavement Leave

34.       Parental Leave

35.       Jury Service

36.       Blood Donors

37.       Outdoor Work

38.       Aged, Slow and Infirm Workers

39.       Time and Wages Book

40.       Tools

41.       Award Posted

42.       Amenities

43.       First-aid Attendants

44.       First-aid Outfit

45.       Factories Regulations

46.       Right of Entry

47.       Shop Presidents

48.       Introduction of Change

49.       Redundancy

50.       Superannuation

51.       Anti-Discrimination

51A     Traineeships

52.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

APPENDIX A

 

53.       Schedule  A - Consultative Committee

54.       Schedule B - Procedures to be Adopted in Developing an Enterprise Agreement

55.       Schedule C - Form of Indenture of Apprenticeship

56.       Schedule D - Broadcasting Arrangement - Historical information only

57.       Schedule E - Outdoor Work Agreements

 

2.  Definitions

 

2.1        "Multi-purpose machinist" means a person with at least five years continuous service in the industry as a closing room machinist and who is:

 

2.1.1     able to completely close three types of uppers to the accepted quality and quantity standards of the employer; and

 

2.1.2     is principally engaged on such work; or

 

2.1.3     has been engaged on the ability to do so.

 

3.  Dispute Settlement Procedure

 

Where a dispute arises the following steps shall be taken:

 

3.1        Step One -

 

3.1.1     Where there is a complaint concerning any matter directly connected with employment or job conditions the worker or workers concerned or the union delegate may raise the matter with the appropriate supervisor.  There shall be an attempt to settle the complaint.

 

3.1.2     In relation to enterprise flexibility negotiations, as soon as practicable after the issue or claim has arisen it shall be considered jointly by the appropriate supervisor, the worker or workers concerned and the union delegate who shall attempt to settle the dispute.

 

3.2        Step Two - If the dispute is not resolved the issue or claim shall be considered jointly by the appropriate senior management representative in conjunction with the union delegate, who shall attempt to settle the dispute.

 

3.3        Step Three - If the dispute is not resolved the issue or claim shall be considered jointly by the employer and an official of the union, who shall attempt to settle the dispute.

 

3.4        Step Four - If the dispute is not resolved the dispute may then be notified to the Industrial Relations Commission.  The parties may request that the matter be dealt with by a member of the Commission, who shall resolve the dispute by conciliation or arbitration.

 

4.  Contract of Employment

 

4.1        Employment shall be by the week, subject to the provisions of clause 4.2, provided that for the first two weeks of employment in the industry the employment shall be on an hourly basis.

 

4.2        Notice of Termination by Employer -

 

4.2.1

 

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

 

 

If the said notice is given before the first half of any day or shift, then that day or shift shall be counted as part of the notice.  If notice is given after the first half of any day or shift then that day or shift shall not be counted as part of the week's notice.  This shall not affect the right of the employer to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

 

(ii)        In addition to the notice in clause 4.2.1(i), employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service shall be entitled to an additional week's notice.

 

(iii)       Payment in lieu of the notice prescribed in clauses 4.2.1(i) and 4.2.1(ii) shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iv)      In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated shall be used.  All amounts in respect of overaward  payments, overtime in the case of an employee who works overtime on a permanent basis and payments under clauses 10, Leading Hands, and43, First-aid Attendants, shall be included.  Except as aforementioned, all amounts in respect of overtime, payment by results systems, shift allowances and all other penalty or special rates shall be excluded.

 

(v)       The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty or in the case of apprentices or employees engaged for a specific period of time or for a specific task or tasks.

 

(vi)      For the purposes of this subclause, continuity of service shall be calculated in the manner prescribed by clause 29, Annual Leave.

 

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

 

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

 

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

 

4.2.4     Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.

 

4.2.5     Summary Dismissal - The employer shall have the right to dismiss any employee without notice for conduct justifying instant dismissal, including malingering, inefficiency, neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.

 

4.2.6     Unfair Dismissals - Termination of employment by an employer shall not be harsh, unjust or unreasonable.  For the purposes of this clause, termination of employment shall include terminations with or without notice.

 

Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

 

4.2.7     Disputes Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under clause 4.2.6 should be dealt with in the following manner:

 

(i)         As soon as is practicable after the dispute of a claim has arisen, the employee concerned will take the matter up with their immediate supervisor, affording them the opportunity to remedy the cause of the dispute or claim.

 

(ii)        Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and their immediate supervisor would be inappropriate, the employee shall notify a duly authorised representative of their union who, if they consider that there is some substance in the dispute or claim, shall forthwith take the matter up with the employer or their representative.

 

(iii)       If the matter is not settled it shall be submitted to the Industrial Relations Commission, which shall endeavour to resolve the issue between the parties by conciliation.

 

(iv)      Without prejudice to either party, work should continue in accordance with the award while the matters in dispute are being dealt with in accordance with this paragraph.

 

4.3        An employee not attending for duty shall, except as provided by clause31, Sick Leave, lose pay for the actual time of such non-attendance.

 

4.4        Deduction in wages may be made only for such time as is actually lost by an employee. Such deduction shall not be made from the wages of apprentices, except in accordance with the Indentures of Apprenticeship.

 

4.5        Subject to clause 4.6, any employer who, by reason of the failure or shortage of electric power, is unable to carry on their undertaking during all the working hours of the day may deduct from the wages of an employee, other than an employee directed not to attend work, payment for any part of a day in excess of 20 minutes that such an employee cannot be usefully employed.

 

4.6        Provided that any employee who is required to attend for work on any day but for whom for the reasons above mentioned no work is provided, shall be entitled to two hours pay, and provided further that where any employee commences work they shall be entitled to be provided with four hours employment or, failing which, be entitled to be paid as for four hours work.

 

4.7

 

4.7.1     The following provisions shall apply in the case of an employer who is subjected to restriction or rationing in the use of electric energy and/or coal gas and/or emergency disconnection thereof in accordance with orders or regulations approved by the appropriate lawful authority:

 

(i)         If by reason of such restriction or rationing or emergency disconnection he is unable usefully to employ an employee for the whole or part of any day or shift, the employer may deduct from the wages of that employee payment for any part of the day or shift such employee cannot be usefully employed, provided that:

 

(1)        if an employer requires the employee to attend for work but is not able to employ them usefully the employee shall be entitled to be paid for two hours work;

 

(2)        where an employee commences work they shall be entitled to be paid for four hours work;

 

(3)        this subclause shall not apply to apprentices.

 

(ii)        The employer may require any day worker to perform the ordinary hours of work (or any such ordinary hours of work) at any time on any day other than on a Sunday on the basis of 38 hours per week. The following rates of pay shall apply for such work:

 

(1)        for work performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays from 7.00 a.m. to noon ordinary time;

 

(2)        for work performed between noon and midnight on Saturdays, ordinary rates plus 25 per cent;

 

(3)        for work performed at all other times other than on a Sunday, ordinary rates plus 10 per cent.

 

Provided that when a worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m., the amount the employee shall receive shall not be less than an amount of 50 cents more than the amount the employee would receive if paid at ordinary day rates.

 

(iii)       The employer may alter the time at which rest periods and meal breaks are usually taken and/or the duration of meal breaks, in order to avoid or mitigate the effects of such interference, without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual and that a meal break of at least 20 minutes is allowed; and provided also that the employer shall, whenever it is practicable, consult with the representative of the union or unions before acting under this paragraph.

 

4.7.2     The provisions of this clause shall also apply in the case of an employer who uses auxiliary power plant for the purpose of providing employment for his employees whilst such restriction or rationing or emergency disconnection is in force and who:

 

(i)         is unable usefully to employ an employee for the whole of any day or shift by reason of a breakdown on such plant through no fault of its own; or

 

(ii)        because of the inability of the auxiliary power plant to meet the normal demands for power:

 

(1)        finds it necessary to require any employee to perform the ordinary hours of work (or any of such ordinary hours of work) outside the hours normally worked by such employee; or

 

(2)        finds it necessary to alter the time at which meal breaks are usually taken and/or the duration of them.

 

5.  Part-Time Employees

 

5.1        A part-time employee is one engaged to work for less than 38 hours but more than 19 hours per week on a regular basis. Such persons may be employed on the following bases:

 

5.1.1     If time workers, they shall be paid for each hour worked at the rate of at least one thirty eighth of the weekly award rate prescribed by this award for the class of work performed by them.

 

If incentive system workers, they shall be paid at the appropriate incentive system rate in accordance with clause 18, Incentive Systems, but in no case shall any part-time workers be paid less than the weekly award rate for their classification as is proportionate to the time worked by them.

 

5.1.2     An employer shall calculate the payment or deduction of payment in lieu of notice, the entitlement to annual leave and sick leave on a proportionate basis. The basis for this calculation shall be the average number of hours worked each week during the past 12 months, or if there is not a six-month period of employment, then the average of the actual period of employment.

 

5.1.3     An employer will grant a part-time employee the holidays provided in clause 28, Holidays, where such a holiday falls on a day where the part-time employee would have worked. An employer shall pay a part-time employee for the number of hours he or she would normally have worked on that day.

 

5.1.4     All other provisions of this award shall apply to a part-time employee.

 

6.  Temporary Employees

 

6.1        Temporary employees may be engaged for specific periods of employment of not less than 3 weeks and for not more than 15 weeks within a calendar year. Payment of wages shall be not less than the weekly award rate of the classification the employee is employed under, provided that the said payment shall be on a proportionate basis to a full-time employee employed under this award. All other entitlements of the award shall apply and be on a proportionate basis of the hours worked as compared to a full-time employee employed under this award.

 

7.  Casual Employees

 

7.1        A casual employee is an employee engaged either full-time or less than 38 hours per week to meet short term work demands on the following terms:

 

7.1.1     a 3-hour minimum daily engagement period;

 

7.1.2     a 7.6-hour minimum engagement in any one week, with the proviso that, in the case of companies working less than 7.6 hours on any day, the appropriate number of shorter hours shall be the minimum;

 

7.1.3     an 8-week continuous maximum period or 40 working days of employment; this period can be extended subject to the arrangement being confirmed in writing from the State Secretary of the union;

 

7.1.4     a 4-week break in the employment cycle after clause 7.1.3;

 

7.1.5     a ratio of 1.15 or fraction thereof shall apply; any changes to this ratio may be negotiated with the union in accordance with clause 11, Enterprise Flexibility, with the exception that the agreement shall only be required in writing from the State Secretary of the union.

 

7.2        A casual employee shall be engaged by the hour. Employment shall be terminated by either the giving of one hour's notice by either party or the payment or forfeiture of one hour's wage.

 

7.3        A casual employee shall be paid per hour 1/38 of the weekly award wage prescribed for the relevant classification/wage band plus a loading of 20 per cent. This payment shall compensate for payment of sick leave, annual leave and public holidays.

 

7.4        The relevant penalty rate shall apply for work performed on Monday to Friday outside the normal span of hours as specified in clause 20, Hours of Work, on Saturdays, Sundays and public holidays.

 

7.5        Where retrenchments occur, casual employees engaged in the same classification/occupation will be the first to be terminated.

 

7A.  Secure Employment

 

7A.1.   Objective of this Clause

 

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

 

7A.2.   Casual Conversion

 

7A.2.1.             A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

7A.2.2.             Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

7A.2.3.             Any casual employee who has a right to elect under paragraph 10A.2.1, upon receiving notice under paragraph 10A.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

7A.2.4.             Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

7A.2.5.             Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

7A.2.6.             If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 7A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 7A.2.3, discuss and agree upon:

 

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

 

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

 

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

 

7A.2.7.             Following an agreement being reached pursuant to paragraph 7A.2.6, the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

7A.2.8.             An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

7A.3.   Occupational Health and Safety

 

7A.3.1.             For the purposes of this subclause, the following definitions shall apply:

 

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

 

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

 

7A.3.2.             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):

 

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

 

(b)       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;

 

(c)        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

 

(d)       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.

 

7A.3.3.             Nothing in this subclause 7A.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

7A.4.   Disputes Regarding the Application of this Clause

 

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

 

7A.5.   This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

8.  Rates of Pay

 

8.1        Adult rates of pay shall be as set out in Table 1, Wages, Part B, Monetary Rates.

 

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

 

(i)         any equivalent overaward payments, and/or

 

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

 

9.  Skill Levels

 

9.1        Trainee

 

Employees at this level:

 

Shall be new entrants into the industry.

 

Shall for a period of up to 3 months undergo approved (including induction) training so as to enable them to achieve the level of competence (Explanation of Terms (9)) required to be classified at Skill Level 1.

 

Shall work under the following conditions:

 

Totally defined procedures and methods

 

Constant direct supervision

 

Constant direct training

 

Progressive assessment and feedback

 

Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting trainees to achieve the range of competencies required at Skill Level 1, including:

 

The knowledge and skills (Explanation of Terms (8)) required to apply relevant Occupational Health and Safety practices and procedures.

 

The knowledge and skills required to apply specified quality control (Explanation of Terms (20)) standards to their own work.

 

The knowledge and skills required to apply specified operation practices and procedures and to meet efficiency requirements.

 

The knowledge and skills required to apply minor equipment/machine maintenance (Explanation of Terms (17)) relevant to the equipment involved in the performance of their own work.

 

9.2        Skill level 1 -

 

Employees at this level:

 

1.          Shall work to defined procedures/methods (Explanation of Terms (14)) either individually or in a team environment; and

 

2.          shall exercise skills to perform basic tasks (Explanation of Terms (1)); and,

 

3.          shall be aware of and apply basic quality control skills in the receipt and completion of their own work to the specified quality standards (Explanation of Terms (23)).

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

4.          May be required to exercise the skill necessary to assist in providing basic on the job instruction (Explanation of Terms (18)) by way of demonstration and explanation.

 

5.          May be required to record basic information on production and/or quality indicators (Explanation of Terms (22)) as required.

 

6.          May be required to work in a team environment (Explanation of Terms (24)).

 

7.          May be required to apply minor equipment/machine maintenance.

 

8.          May be required to exercise keypad skills (Explanation of Terms (11)).

 

9.          May be required to exercise the level of English literacy and numeracy skills to effectively perform their tasks.

 

10.        May commence training in additional skills required to advance to a higher skill level.

 

9.3        Skill level 2 -

 

Employees at this level exercise the skills required to be graded at Skill Level 1 and

 

1.          shall work to defined procedures/methods, either individually or in a team environment; and

 

2.          shall exercise the skills to perform intermediate tasks (Explanation of Terms (2)); and

 

3.          shall understand and apply quality control skills in their own work and component parts (Explanation of Terms (10)) (including understanding of the likely cause/s of deviations to specified quality standards in their own work).

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

4.          May be required to exercise the skill necessary to assist in providing on the job instruction to employees in skills required at Skill Level 2 and below by way of demonstration and explanation.

 

5.          May be required to record detailed information on production and/or quality indicators as required.

 

6.          May be required to exercise team work skills.

 

7.          May be required to identify and rectify minor equipment/machine faults, and report problems that cannot be rectified to a mechanic or supervisor.

 

8.          May be required to use basic computer skills (Explanation of Terms (12)).

 

9.          May commence training in additional skills required to advance to a higher skill level.

 

9.4        Skill level 3 -

 

Employees at this level exercise the skills required to be graded at Skill Level 2; and

 

1.          shall exercise discretion, initiative and judgement on the job in their own work, either individually or in a team environment; and

 

2.          shall exercise skills to:

 

(a)        perform a complex task/s (Explanation of Terms (3)); or

 

(b)       perform a series of different operations on a machine/s (Explanation of Terms (4, 5)); or

 

(c)        use a variety of machine types (Explanation of Terms (6)) three of which require the exercise of level 2 skills; and

 

3.

 

(a)        shall be responsible for quality assurance (Explanation of Terms (19)) in their own work and assembly of component parts including having an understanding of how this work relates to subsequent production processes and its contribution to the final appearance of the shoe.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

(b)       May be required to investigate causes of quality deviations (Explanation of Terms (21)) to specified standards and recommend preventative action.

 

4.          May be required to exercise the skills necessary to assist in providing on the job instruction to employees in skills required at Skill Level 3 and below by way of demonstration and explanation.

 

5.          May be required to record detailed information on, and recommend improvements to, production and/or quality.

 

6.          May be required to take a coordinating role (Explanation of Terms (13)) for a group of workers or in a team environment (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 3 and below.

 

7.          May be required to exercise advanced equipment maintenance and problem solving skills (including identification of major equipment faults).

 

8.          May commence training in additional skills required to advance to a higher skill level.

 

9.5        Skill level 4 -

 

Employees at this level exercise the skills required to be graded at Skill Level 3 and have a comprehensive knowledge of product construction.

 

Employees at this level shall also:

 

apply skills and knowledge, equivalent to that of a qualified tradesperson, that have been acquired as a result of training or experience; or

 

hold a relevant trade certificate; and

 

1.          shall work largely independently (Explanation of Terms (15)) (including developing and carrying out of a work plan to specifications); and

 

2.          shall exercise a range of skills involving planning, investigating and resolution of problems, and/or training, and/or supervision, and/or specialised technical tasks; or

 

shall make a whole shoe (Explanation of Terms (25)) to specifications, or exercise equivalent skills (Explanation of Terms (7)).

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

3.          May be required to apply quality control/assurance techniques to their work group or team.

 

4.          May have designated responsibility (Explanation of Terms (16)) for the training of other employees (and if so shall be trained trainers).

 

5.          May be responsible for quality and production records relating to their own work group or team.

 

6.          May be required to take a coordinating role for a group of workers or in a team environment (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 4 and below.

 

7.          May be required to exercise advanced equipment maintenance and problem solving skills (including identification of major equipment faults and organisation of performance of necessary repair).

 

8.          May commence training in additional skills, required to advance to a higher skill level.

 

9.6.       Explanation Of Terms

 

1.          Basic tasks

 

Uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine.

 

Basic machine tasks are those where the positioning of work may be controlled by guide bars and sensor lights or other such guiding devices or where there is uncomplicated feeding of the material.

 

2.          Intermediate tasks

 

Tasks which are more difficult to learn involve more decision making than Skill Level 1 tasks and which may require material or component knowledge whether machine or non machine.

 

Intermediate machine tasks require skill in positioning feeding and handling of work involving directional changes or critical stopping points or require feeding and handling skills beyond those of a skill level 1 operator because of material variation.

 

Intermediate non-machine tasks require skills to perform a sequence of related tasks.

 

3.          Complex tasks

 

Tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks whether machine or non machine.

 

Complex machine tasks require material manipulation skills and knowledge beyond those of Skill Level 2 operator or perform more difficult tasks or to handle and align the sections while ensuring correct shaping of the end result because of the complexity of combining parts or because of frequent variation in materials.

 

4.          Series of different operations on a machine/s

 

Performing a sequence of different operations on a machine/s to complete the majority of a complex component assembly or complex upper.

 

5.          Machine

 

Any piece of equipment, which performs a significant part of an operation in:

 

Design/grading of patterns

 

Cutting

 

Sewing

 

Making

 

Finishing

 

Packing

 

Last making

 

Component manufacture

 

and which is powered by an external source i.e. electricity, steam or compressed air or a combination of these.

 

Hand tools are not machines and refer to those items, which are primarily, powered by the operator e.g. scissors, shears, staples, tagging guns, tape dispensers.

 

6.          Variety of machines

 

Three or more different types of machines which are sufficiently different in their own operation to require the exercise of different skills (i.e. all flat bed machines are the same machine type for this purpose and all post machines are the same type for this purpose).

 

7.          Whole upper machinist or equivalent skills

 

A machinist who works largely independently in producing a complex upper from written specifications and patterns. Examples of "equivalent skills" include:

 

sample machinist

 

a fully multi-skilled operator who is required to perform any of the operations involved in the making of a complex whole upper or a complex component to specification.

 

an operator who performs each of the operations required to complete a complex component assembly or a complex whole upper from specifications.

 

8.          Skill

 

The application of a combination of abilities, knowledge and attributes to competently perform a given activity or activities.

 

9.          Competence

 

The ability to perform a particular activity or activities to a prescribed standard (or standards) and under a prescribed set of circumstances.

 

10.        Component parts

 

The parts of the product which the operator receives in order to perform their job.

 

11.        Key pad skills

 

Ability to use a small panel of keys, either numerical or with symbols, to operate equipment.

 

12.        Basic computer skills

 

Use of a computer to enter, retrieve and interpret data.

 

13.        Coordinating role

 

A role which involves responsibility for organising and bringing together the work and resource requirements of a work group or team.

 

14.        Defined procedures/methods

 

Specific instructions outlining how an operator is to do their job.

 

15.        Largely independently

 

Where the employee is accountable for own results including:

 

carrying out assigned tasks

 

coordinating processes

 

setting and working to deadlines

 

16.        Designated responsibility

 

Identified by management as a person with a specific role or responsibility.

 

17.        Minor equipment/machine maintenance

 

Includes cleaning and minor adjustments to the equipment involved. In the case of sewing machines for example, it may include:

 

changing needles

 

cleaning

 

lubrication

 

tension and stitch adjustment

 

18.        On-the-job instruction

 

Demonstrating, showing, explaining and/or guiding other employees as to how to perform a particular task or operation to a competent standard.

 

19.        Quality assurance

 

The overall system and plans used to provide confidence that goods and services will satisfy given requirements.

 

20.        Quality control

 

The activities used to check that materials and products meet quality specifications; includes the grading of product into acceptable and unacceptable categories.

 

21.        Quality deviations

 

Departures from a quality standard.

 

22.        Quality indicators

 

Information used to determine whether a quality standard has been met.

 

23.        Specified quality standards

 

Detailed standards against which quality is measured.

 

24.        Team environment

 

An environment involving work arrangements in which a group of people work closely, flexibly and in co‑operation with each other to ensure efficient and effective performance.

 

25.        Shoe

 

A shoe is to include all forms of foot covering that is generally made in the footwear industry and shall encompass shoes, boots, and complex sandals.

 

10.  Leading Hands

 

10.1      In addition to the appropriate weekly wage prescribed in Table 1 - Wages, of Part B, Monetary Rates, for the highest classified employee directly under his or her control and for whom he or she is responsible, an adult employee employed as a leading hand (as defined) shall be paid, when in charge of three to ten employees, 11 to 20 employees or 21 or more employees, the further amounts prescribed by Items 1, 2 and 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

10.2      Such rates to be payable for all purposes of the award.

 

10.3      Definition - "Leading Hand" means an adult employee appointed as such by the employer and who, working under supervision, gives instructions to and/or is responsible for work done by other employees.

 

11.  Enterprise Flexibility

 

11.1      The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the footwear industry and to enhance the career opportunities, quality of working life and job security of workers in the industry.

 

11.2      An employer, employees and the union may develop an enterprise agreement in accordance with the provisions of this clause and Schedules A and B to this award or such other procedures that are agreed upon in writing between the employer and the State Secretary of the union. The agreement shall, to the extent of any inconsistency, take precedence over any provisions of this award.

 

11.3      In each workplace in the footwear industry seeking to develop an enterprise agreement, an employer, employees and the union shall establish a Consultative Committee in accordance with Schedule A to this award, or such other procedures that are agreed upon in writing between the employer and State Secretary of the union.

 

11.4      The basis for the work of the Consultative Committee shall be to consider matters raised by consultative committee members which impact on employees and/or which contribute to the improved operation and efficiency of the enterprise as outlined in clause 11.1.

 

11.5      The matters raised for inclusion in an enterprise y agreement may, amongst other things, involve:

 

spread of hours;

 

shift work;

 

job redesign and work organisation;

 

work related child care;

 

vocational training;

 

English language training;

 

Foundation education training;

 

arrangement of leave;

 

operation of payment by results systems;

 

occupational health and safety;

 

leave for special purposes;

 

parental leave;

 

job sharing.

 

11.6      An enterprise agreement shall not act to:

 

reduce the quantum of award rate in accordance with clauses 8, Rates of Pay, and 12, Rates of Pay - Apprentices and Probationers;

 

increase the ordinary hours of work in any roster system beyond an average of 38 hours per week;

 

reduce the quantum of period of notice in accordance with clause  4 Contract of Employment;

 

reduce the quantum of penalty rates in accordance with clause 24, Overtime;

 

reduce the quantum of shift penalties in accordance with clause 26 , Shift Work;

 

reduce the quantum of annual leave and annual leave loading in accordance with clause 29, Annual Leave;

 

reduce the quantum of sick leave entitlement in accordance with clause 31 , Sick Leave;

 

reduce the quantum of holidays in accordance with clause 28 , Holidays;

 

reduce the quantum of bereavement leave in accordance with clause 33 Bereavement Leave;

 

reduce the quantum of unpaid leave in accordance with clause 34 , Parental Leave;

 

reduce the quantum of severance pay in accordance with clause49, Redundancy;

 

reduce the quantum of superannuation contributions in accordance with clause50, Superannuation.

 

12.  Rates of Pay - Apprentices and Probationers

 

12.1      The minimum rates of wages to be paid to apprentices, probationers or trainee apprentices shall be the money equivalent of the undermentioned percentages of the adult total wage for skill level 3, calculated in total to the nearest 5 cents. Any fraction of 5 cents in the result not exceeding 2 cents is to be disregarded.

 

Experience - Percentage of

 

Skill Level 3

 

Four-year term with respect only to

 

indentures executed before 1 January

 

1982 -

 

Four-year Term -

 

1st year's experience -

 

1st six months	47
2nd six months	55

 

2nd years experience -

 

1st six months	60
2nd six months	65

 

3rd years experience -

 

1st six months	75
2nd six months	80

 

4th years experience -

 

1st six months	90
2nd six months	95

 

Three-year Term -

 

1st year's experience -

 

1st six months	60
2nd six months	65

 

2nd years experience -

 

1st six months	75
2nd six months	80

 

3rd years experience -

 

1st six months	90
2nd six months	95

 

Provided that any employee under the age of 21 years having completed his or her term of apprenticeship in accord with clauses 13, Apprenticeship - Manufacturing, and 14, Apprenticeship - Components, shall be paid at the rate for the appropriate classifications as set out in clause 8, Rates of Pay.

 

"Experience" for the purpose of this clause means actual experience whether as an apprentice or otherwise in any one or more of the operations specified in the said clauses 13 and 14 and clause 15, Junior Workers.

 

13.  Apprenticeship - Manufacturing

 

13.1      Trainees -

 

13.1.1   For the purpose of this clause trainee apprentices employed under the supervision of the Apprenticeship Council shall be regarded as apprentices so long as they are paid wage rates not less than those hereinbefore prescribed.

 

13.1.2   An employer shall not employ a trainee apprentice on probation for a period exceeding three months.

 

13.2      Indentures and Probation -

 

13.2.1   Subject to clause 13.1 an "apprentice" means any person under the age of 21 years who is bound by an indenture of apprenticeship in the form prescribed in Schedule C - Form of Indenture of Apprenticeship, or in the form prescribed by the State Apprenticeship Authority, for any term of not less than three years nor more than four years.

 

13.2.2   An employer before indenturing a minor who has not previously been apprenticed may employ such minor for a period not exceeding three months on probation, and such period shall be treated as part of the period of apprenticeship.

 

13.2.3   Indentures shall be executed in triplicate. One part thereof shall be deposited by the employer with the Registrar or Deputy Registrar of the Industrial Relations Commission within thirty days of the execution thereof. The provisions of this paragraph shall not apply in any case in which, pursuant to a Regulation referred to in this award, a copy or copies of an indenture are required to be lodged with some person or authority appointed by such Regulation.

 

13.3      Proportion - An employer shall not employ apprentices in excess of the proportion of one apprentice to each adult worker or fraction thereof receiving adult rates based on the average number of such workers employed during six months immediately preceding.

 

13.4      Apprenticeship Trade - The indenture shall contain a covenant on the part of the employer to pay the apprentice wages and to teach the apprentice at least:

 

13.4.1               the operations connected with pattern cutting, pattern grading and finishing of patterns; or

 

13.4.2               the operations of clicking; or

 

13.4.3               the operations hereinafter specified under the heading of stuff cutting; or

 

13.4.4               one of the two sets of operations hereinafter specified under the heading of finishing; or

 

13.4.5               the operations of pump making; or

 

13.4.6               one of the four sets of operations hereinafter specified under the heading of making welts; or

 

13.4.7               one of the four sets of operations hereinafter specified under the heading of making of machine sewn, cement process, basket shoes and veldtschoens; or

 

13.4.8               one of the two sets of operations hereinafter specified under the heading making heavy work; or

 

13.4.9               one of the six sets of operations hereinafter specified under the heading manufacturing slippers; or

 

13.4.10             the operations hereinafter specified under the heading slip lasting; or

 

13.4.11             any other operations which may be approved by the appropriate State authority.

 

13.4.12             all the operations mentioned in this subclause, whether hand or machine, shall be carried out on the employer's methods.

 

13.5      Clicking - Cutting pieces, stays and top bands, cutting linen and leather linings, cutting patent hide and fabrics, cutting calf, chrome and vegetable tanned leathers, cutting glace kid and plain cutting, fancy cutting, all classes.

 

At least 20 per cent of the time employed as a clicker shall be on hand work in those factories where hand clicking is performed.

 

13.6      Making Pumps - First and second lasting and wood heeling or pump sewing.

 

13.7      Making of Welts -

 

13.7.1   Pulling over by hand or machine, operating pounder and operating a lasting machine other than an automatic machine.

 

13.7.2   Operating rounder and welter and any other two major machines.

 

13.7.3   Operating stitcher and rounder and any other two major machines.

 

13.7.4   Operating welter and stitcher and any other two major machines.

 

13.7.5   Major machines for the purposes of this subclause shall mean and include -

 

Stitcher, rounder, welter, any lasting machine, pulling over machine, inseam trimmer, leveller.

 

13.8      Making Heavy Work -

 

13.8.1   Pulling over and laying stuff by hand or machine and operating any two of the following machines - heeler, screwer, laster, nailer, slugger or leveller.

 

13.8.2   Making right through by hand.  

 

13.9      Making Machine Sewn, Cement Process, Basket Shoes or Veldtschoens -

 

13.9.1   Pulling over by hand or machine, wood heeling and operating any two of the following machines - a lasting machine, Blake Sewer, roughing machine, cement press, fair stitcher, heel attaching machine or pounder.

 

13.9.2   Making right through by hand.

 

13.9.3   Basket shoes - Lacing upper on to last and plaiting on the last, heeling, trimming, ironing edge and scraping sole.

 

13.9.4   Veldtschoens - Pulling over by hand or machine and operating any three of the following machines - stitcher, upper stapler, tacker, trimmer and leveller.

 

13.10    Finishing - Colouring heels and edges, brushing, padding, sand papering and breasting and operating edge trimmer, heel trimmer, scourer and edge setter.

 

13.11    Stuffcutting - Ranging, cutting soles, insoles, slips, stiffeners, toes, lifts and top pieces, rounding, channelling, moulding, heel building, slugging and skiving.

 

13.12    Slip Lasting - The whole of the operations of slip lasting and one of the two sets of operations specified under the heading of finishing.

 

13.13    Manufacturing of Slippers -

 

13.13.1             Cutting all classes of bottom stuff, and filling, preparing, ranging, heel building, channelling and splitting.

 

13.13.2             Clicking by hand or machine - leather and fabrics. At least twenty per cent of the time employed as a clicker must be on hand work in factories where hand clicking is performed.

 

13.13.3             Clicking by hand or machine - leather and fabrics, turning, blocking, ironing and heeling. At least twenty per cent of the time employed as a clicker must be on hand work in factories where hand clicking is performed.

 

13.13.4             Operating slipper turn sewing machine, or Blake or other sole attaching machine, turning, blocking, slugging, loose nailing and ironing.

 

13.13.5             First and second lasting, heeling and ironing.

 

13.13.6             Finishing, colouring edges and bottoms, edge and heel trimming, edge setting, scouring and sand papering machine.

 

13.14    Day Time Training - All apprentices shall be allowed time off during working hours so that they shall attend available classes. In order to be entitled to payment for such time, the apprentice shall produce a card showing his attendance at school for the period.

 

13.15    Computing Service - In computing any six months of service, the apprentice shall be allowed any overtime worked as a credit against any time lost during that six months.

 

14.  Apprenticeship - Components

 

14.1      An apprentice means any person under 21 years of age who is under an agreement containing a covenant on the part of the employer to pay wages not less than provided herein and to teach at least, if apprenticed to the wood heel section, the turning lathe and two other machines, or the concaving machine and two other machines, and if apprenticed to the shank, counter and puff making, the operations of stuffcutting, skiving and moulding, and if apprenticed to the wood last section a covenant to teach him at least two of the four functions or processes set out in clause 14.2 and two of the seven operations set out in clause 14.3 of the following schedule of subjects for instruction of apprentices to the last making section.

 

14.2      Schedule of Subjects for Instruction in Last Making -

 

1.          Turning.

 

2.          Toe finishing.

 

3.          Trimming.

 

4.          Bank sawing.

 

14.3

 

1.          Grading.

 

2.          Boring.

 

3.          Marking and sawing toe.

 

4.          Plating.

 

5.          Scouring.

 

6.          Polishing.

 

7.          Graduating.

 

All the above operations by hand or machine are to be carried out on the employer's method when not otherwise specified.

 

14.14    Proportion - The maximum number of persons including juniors, probationers for apprenticeship, and apprentices that may be employed in the industry shall not exceed the proportion of one to each adult employee. Such proportion shall be based on the average number of adult employees employed for the previous twelve months. In addition to the foregoing proportion of persons in any factory where not less than three adult employees, one person under the age of sixteen years may be employed for a period not exceeding twelve months on the operation of messenger, sweeping, carrying, sorting or stamping.

 

14.15    Probationers for apprenticeship means juniors engaged in the wood heel or last department with less than three months' experience in the trade.

 

15.  Junior Workers

 

15.1      An employer shall not employ unapprenticed juniors except in the following occupations:

 

15.1.1               Tacking on insoles.

 

15.1.2               Putting on stiffeners or toes.

 

15.1.3               Putting in bottom filling and shanks.

 

15.1.4               Putting in and slipping lasts.

 

15.1.5               Last carrying.

 

15.1.6               Last sorting.

 

15.1.7               Heel nail feeding.

 

15.1.8               Inking edges.

 

15.1.9               Solutioning or cementing by hand or machine.

 

15.1.10             Inking and colouring (one colour only).

 

15.1.11             Rubbing off heels.

 

15.1.12             Drawing tacks or nails.

 

15.1.13             Socking and sizing.

 

15.1.14             Tacking up stuff (including the cutting and preparation of football studs).

 

15.1.15             Putting in followers.

 

15.1.16             Branding or stamping.

 

15.1.17             All operations connected with vulcanising.

 

15.1.18             Oil water proofing of heavy work.

 

15.1.19             All operations in Upper Closing and Cleaning s

 

15.1.20             Operations in componentry.. All operations in the component section of this award.

 

15.2      Proportion - Manufacturing

 

15.2.1   An employer shall not employ unapprenticed juniors on operations specified in 15.1.1, 15.1.2., 15.1.3, 15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.1.9, 15.1.10, 15.1.11, 15.1.12, 15.1.13, 15.1.14, 15.1.15, 15.1.16, 15.1.17, 15.1.18 nor 15.1.20, in excess of the proportion of one junior to every ten or fraction of ten adult employees, the proportion to be calculated on the average number of adult employees employed in these sections during the previous six-month period.

 

15.2.2   An employer shall not employ unapprenticed juniors on operations specified in clause 15.1.19, in excess of the proportion of three juniors to each adult employee, the proportion to be calculated on the average number of adult employees employed in these sections during the previous six-month period.

 

15.3      Wages for Juniors -

 

15.3.1   The minimum rate of wages to be paid to juniors shall be the money equivalent of the undermentioned percentages of the adult total wage for Skill Level 1, calculated to the nearest 5 cents, any fraction of 5 cents in the result not exceeding 2 cents to be disregarded.

 

Age	Percentage Skill Level 1
Under 16 years	44
16 years and under 17 years	55
17 years and under 18 years	66
18 years and under 19 years	77
19 years and under 20 years	86
20 years and under 21 years	94

 

15.3.2   Any unapprenticed junior who has had three years experience in the industry who is less than twenty-one years of age shall be paid the adult rate for the class of work upon which he is employed.

 

15.3.3   Provided further that no employee shall suffer a reduction in wages as a result of this award.

 

15.3.4   Any employee under the age of twenty-one years not being an apprentice or probationer for apprenticeship who performs any operation outside those defined in this clause shall be deemed not to be a junior worker and shall be paid the appropriate rate for the appropriate classification for an adult as defined in the clause 8.

 

16.  State Apprenticeship Regulations

 

16.1      See Apprenticeship and Traineeship Act 2001.

 

17.  Mixed Functions

 

17.1      An employee engaged for two hours or more on any one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for the whole of such day and, if so engaged for less than two hours on one day, he shall be paid the higher rate for the time so worked.

 

17.2      The employer shall keep a record of the times of which an employee is temporarily transferred to a higher classification than that upon which he is usually employed.

 

18.  Incentive Systems - Payment By Results Systems

 

18.1      Definition

 

18.1.1               For the purpose of this clause the expression the Incentive System is defined as Austral Unit type systems where each operation is given a time standard which is used to measure the operator’s efficiency as a basis for their bonus.

 

18.1.2               For the purposes of this clause, obligations concerning the discussion and/or the implementation (or proposed implementation) of Austral Unit type and other types of payment by results systems are located at clause 18.2.

 

18.2      Implementation of payments by results system

 

18.2.1               An employer must provide the relevant state secretary of the union prior to 7th September 1998 the details of any payment by results system(s) in operation at their enterprise(s).

 

18.2.2               An employer who introduces or plans to introduce or alters a Payment by Results system at any stage after 7th September 1998 must provide the relevant state secretary of the union with the details of any Payment by Results system(s) to be introduced or altered at their enterprise(s)

 

18.2.3               The employer and the relevant secretary of the union shall discuss the Payment By Results system in operation or proposed operation at the employer’s enterprise(s) and the union must deal expeditiously with any matters provided for under this clause. If the relevant state secretary of the union agrees that the Payment By Results system is not covered by this award, this clause will not apply to the Payment By Results system in operations at the employer’s enterprise(s). This agreement must be recorded in writing.

 

18.3      Commitment to payment by results

 

18.3.1               Parties to this award are committed to the development of a payment by results system which is comparable with the skill based classification structures as outlined in clause 8 of this award and which contributes to the efficiency of the enterprise.

 

18.4      Operation of payment by results systems

 

18.4.1               An employer may maintain, alter or institute a system of individual and/or group payment by results subject only to the provisions and limitations set out in this clause.

 

18.5      Payment by results calculations

 

18.5.1               Bonuses should be calculated on a weekly basis.

 

18.5.2               The employer must calculate the minute pay rate for each standard time minute by dividing the total award wage for the appropriate skill level by 2280 wherever appropriate.

 

18.5.3               An employer may depart from clause 18.5.2. only with the consent of the relevant state secretary of the union, or their nominee.

 

18.5.4               Where an employer is currently paying a bonus minute rate higher than the above, the higher rate will continue to be applied and will not be increased until such time as it reaches the minute pay rate as specified in 18.5.2.

 

18.5.5               An employer must calculate the payment by results earnings of an employee in accordance with 18.5.2 or 18.5.4 of this clause by multiplying the minute pay rate by the excess of the standard time produced over real time worked under payment by results.

 

18.5.6               An employer must pay the employee their payment by results earnings calculated in accordance with clause 18.5.2 or 18.5.4 of this clause in addition to the total award rate appropriate to their skill level.

 

18.5.7               Where an employee earns payment by results earnings for work performed in any week, such earnings must be credited to the employee and must not be reduced because the employee fails to earn payment by results earnings in any other week.

 

18.5.8               Where an employee has worked part of the week on payment by results, they must be entitled to their earnings in full for the actual time worked on payment by results if the earnings are higher than the appropriate award rate for such time.

 

18.5.9               Where an employee working under a payment by results system (as defined) is denied the opportunity to pursue the bonus because of the unavailability of work for that employee, waiting time shall be paid to the employee at award rates, for the period during which the work earnings unavailable . Waiting time shall be paid only from the time the relevant employee reports the unavailability of work to their appropriate supervisor.

 

18.5.10             An employer subject to the provisions of clause 18.6 of this clause may fix or alter a time standard in respect of any footwear product or part of a footwear product or any article or part of an article, provided such time standard is set consistent with the objective to enable any employee of average capacity (excluding trainees being new entrants to the footwear industry employed as trainees for up to three months) in any given period to earn at least ten percent (10% more than the total award rate for their respective skill level).

 

18.5.11             Apprentices /Juniors

 

An apprentice or a junior employed under clauses 12 and 15 respectively of this award must have their task set and be deemed to be producing bonus minutes when they have produced that number of minutes in proportion to the ordinary daily adult task or number of minutes as their rate of pay is in proportion to the appropriate adult award rate.

 

18.6      Time standards

 

An employer must calculate the time standard allowed for the performance of work according to the following:

 

18.6.1               An employer must consult with the payment by results employees and union representative(s) prior to the finalisation of any time standard fixed under this clause and must provide to those employees and union representative(s) the basis upon which the Payment By Results system is calculated, including appropriate allowances.

 

On application by the national secretary or state secretary of the union, the employer must make available the basis of such a system.

 

18.6.2               Once a time standard has been fixed under this clause, it must not be altered except where any of the following circumstances occur:-

 

(i)         there is a change in the manufacturing methods;

 

(ii)        there is a change in the machines or equipment or materials used;

 

(iii)       to correct an agreed error in the existing time standard;

 

(iv)      by agreement between the employer, the payment by results employees, and the union representative(s).

 

18.6.3               An employer must clearly display a copy of the time standard for each payment by results operation in each work area in each enterprise. The copy of the time standard must be updated within twenty-four hours of any changes to the time standards.

 

18.6.4               Once a time standard has been fixed under this clause, it must be recorded in a register and signed and dated by the employer and union representative(s).

 

18.6.5               The employer must also display in each work area in each enterprise a conversion table to enable an employee to convert time standards into monetary amounts. An example of how the system operates must also be displayed in each work area.

 

18.6.6               As far as practicable different grades of work will be equitably divided between payments by results employees.

 

18.7      Overtime

 

The overtime provisions of clause 24 of this award must be applied to employees working under this clause.

 

18.8      Training

 

An employer implementing a payment by results system pursuant to this clause must provide each employee with appropriate training to ensure that individual performance is the only variable distinguishing employees within a skill level in this award.

 

19.  Payment of Wages

 

19.1      Wages shall be paid on Wednesday or Thursday in each week or, if there is an agreement between the employer and his employees, such agreement to be by a simple majority, on a Friday. Each employer shall fix a pay day, which once fixed shall not be altered unless with the consent of the union.

 

Payment shall be in cash or, where a simple majority of employees agree, wages may be paid by cheque or electronic funds transfer.

 

19.2      Not more than one day's wages shall be kept in hand, excepting that where the banks are closed, or a holiday as prescribed by this award occurs on the actual pay day and banking facilities are not available, the working day before shall be substituted as the pay day.

 

Provided that payments under any form of incentive system as prescribed by clause 18, Incentive Systems, may be paid on the pay day occurring one week after they were earned.

 

19.3      On termination of the employment, wages due to an employee shall be paid to him on the day of such termination, provided that in cases of summary termination such wages may be forwarded to him by post on the next working day.

 

19.4      On or prior to pay day the employer shall state to each employee in writing the amount of ordinary wage to which he is entitled for that pay week, overtime and individual items of any deductions for that week and net amount due.

 

19.5      Employees kept waiting for their pay after ceasing work at the usual hour shall be paid at overtime rates for all the time they are kept waiting as aforesaid.

 

19.6      Where it is mutually agreed upon between the employer and the employee, payment of annual leave at annual close down in excess of one week may be paid by cheque, provided that payment is made not less than four days prior to the time of taking leave.

 

19A.  Deduction of Union Membership Fees

 

19A.1  The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

19A.1.1            the employee has authorised the employer to make such deductions in accordance with subclause 19A.2 herein;

 

19A.1.2            the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

 

19A.1.3            deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

20A.1.4            there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

19A.2  The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union's rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

19A.3  Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

19.A.3.1           where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

19.A.3.2           where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

19A.4  Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

19A.5  The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.

 

19A.6  An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

19A.7  Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

20.  Hours of Work

 

20.1      The ordinary hours of work shall be an average of 38 hours per week, Monday to Friday inclusive, between the hours of 7.00 a.m. and 7.00 p.m., spread over and up to four weeks. Provided that this spread of hours may be altered by mutual agreement between the employer and the union.

 

20.2      Each employer may fix starting and finishing times for his own factory, and such starting and finishing times, when fixed, shall not be altered except on fourteen days notice to the employees concerned.

 

21.  Implementation of 38-Hour Week

 

21.1      Ordinary hours of work shall be an average of 38 per week as provided in clause 20, Hours of Work.

 

21.2      The method of implementation of the 38-hour week may be any of the following:

 

21.2.1   By employees working less than eight ordinary hours each day (e.g., 7.6 hours per day).

 

21.2.2   By employees working more than eight ordinary hours on four days of the week, and less than eight ordinary hours on the fifth day of the week (e.g., 8 1/4 hours on 4 days and 5 hours on the fifth day of the week).

 

21.2.3   By employees working a nine-day fortnight (e.g., 8 1/2 hours on 8 days and 8 hours on the 9th day).

 

21.2.4   By fixing one day on which employees will be off during a particular work cycle (e.g., the plant shuts down for a day once each four weeks and 8 hours are worked on the other 19 weekdays of those four weeks).

 

21.2.5   By rostering employees off on various days of the week during particular work cycles so that each employee has one day off during that cycle (e.g., as in paragraph (4) above, except that employees take various days off according to a roster so as to avoid a plant shut down).

 

21.2.6   Any agreed variation to the above methods of implementation (e.g., accumulation of the 0.4 hours per day may be allowed for a period of not more than a twenty-week work cycle when such accumulation may be taken at the one agreed upon time, i.e., 7 days at one time).

 

21.3      In each plant, an assessment shall be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned.

 

In the absence of agreement, the procedure for resolving such a problem is as follows:

 

21.3.1   Consultation shall take place within the particular establishment concerned.

 

21.3.2   If it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the union concerned or his deputy, at which level a conference of the parties shall be convened without delay.

 

21.3.3   If the problem remains unresolved the matter shall be referred to the Secretary of the union concerned or his deputy, at which level the matter will be again dealt with without delay.

 

21.4      Where by virtue of the arrangement of the ordinary working hours an employee, in accordance with clauses 21.2.4 and 21.2.5, is entitled to a day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the work day he or she is to take off.

 

Where a system of working is adopted to allow one rostered day off in each two or four weeks, an employee shall not be entitled to more than 24 or 12 such rostered days off respectively in any 12-month period.

 

21.5

 

21.5.1   The day scheduled to be the day off in accordance with clauses 21.2.4 and 21.7.5 may be worked as an ordinary working day without penalty when substituted by another day by agreement between the employer and employee concerned or, where a number of employees are concerned, by agreement between the employer and a majority of the employees in respect of when a substitute day off is sought.

 

21.5.2   Notwithstanding the contents of clause 21.5.1, where an employee is called upon to work on his rostered day off without another day being substituted the employee shall be paid in accordance with clauses 27.1.1, 27.1.2 and 27.1.3, Weekend Work.

 

21.5.3   Where an employee who is employed under) clause 21.2 is required to work overtime on their "short day" and is notified the day prior to working such overtime, the employee will not be entitled to receive meal money unless that overtime continues for more than two hours past the normal finishing time for the other four days.

 

22.  Meal Times

 

22.1      Not less than thirty minutes nor more than sixty minutes shall be allowed on each working day for a midday meal.

 

22.2      An employee shall not work nor be worked for more than five hours consecutively without a break for a meal.

 

However, where an employee works a 6-hour day in accordance with clause 21.2.2, a 20-minute crib period (10 minutes paid rest period and 10 minutes unpaid) may be substituted for a meal break.

 

22.3      An employee working on production called upon to work during his meal break shall be paid at the rate of double time for the time so worked and such payment shall be continued until the employee has been relieved for a meal.

 

23.  Rest Period

 

23.1      All employees shall be allowed a morning rest period of ten minutes at a time to be mutually arranged in each factory.

 

23.2      Facilities for making tea and coffee shall be provided by the employer for employees at the commencement of rest periods and meal breaks.

 

23.3      Employees engaged on shift work shall be allowed a rest period of not less than ten minutes, provided that such period shall not be allowed within one hour of starting or finishing work, or their meal break.

 

24.  Overtime

 

24.1      All time worked by an employee before his or her starting time or after his or her finishing time on Mondays to Fridays shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

 

24.2      In computing overtime each day's work shall stand alone.

 

24.3      Junior workers, probationers and apprentices shall not work overtime without the approval of the Industrial Relations Commission unless a proportionate number of adult males or fully experienced females is employed in the respective departments.

 

24.4      Employees called to work overtime exceeding 2 hours on Mondays to Fridays, and shift workers whose normal shift finishes on a Saturday, shall be allowed at least thirty minutes for a meal and shall, in addition to any overtime payable, be allowed the amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for such meal.

 

24.5      Requirement to work reasonable overtime

 

24.5.1   Subject to paragraph 24.5.2 an employer may require an employee to work reasonable overtime at overtime rates.

 

24.5.2   An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

24.5.3   For the purposes of paragraph 24.5.2 what is unreasonable or otherwise will be determined having regard to:

 

(a)        Any risk to employee health and safety;

 

(b)       The employee’s personal circumstances including any family and carer responsibilities;

 

(c)        The needs of the workplace or enterprise;

 

(d)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

25.5.4   The Organisations party to this award shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

 

24.6      Call Back - An employee required to work overtime after leaving his employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rate for each time he is so recalled.

 

25.  Time Off in Lieu of Overtime

 

25.1      Notwithstanding the provisions of clause 24.1, an establishment and/or plant, or section or sections of a plant, or an individual, where that individual is operating on an independent basis, may agree to arrangements where overtime which has been planned may be compensated with time off in lieu of payment for overtime, subject to the following:

 

25.1.1               Substitute time may be banked to a maximum of 38 hours at any time.

 

25.1.2               It shall only apply to time worked Monday to Friday.

 

25.1.3               Overtime worked will qualify for an equal number of ordinary hours time off, e.g., 4 hours worked equals 4 hours off.

 

25.1.4               Two weeks' notice shall be given about the working of overtime.

 

25.1.5               Overtime worked on the basis of time off in lieu shall be worked:

 

(i)         a maximum of 4 hours per night;

 

(ii)        a maximum of 3 nights per week; and

 

(iii)       where a short day is worked, for a period up to 4 hours;

 

(iv)      for a period of 6 weeks.

 

25.1.6               Time off accrued when taken is to be paid at the current award rate of pay ruling at the date of taking that time off.

 

25.1.7               If called upon to work at any agreed upon time-off period, the following shall apply:

 

(i)         The employer and the employee may agree upon an alternative period of time to be taken off in substitution.

 

(ii)        If there is no agreement to an alternative period of time to be taken off in substitution, then the following shall apply:

 

(1)        Employees shall be paid at the appropriate overtime rate for that period of the time accrued worked.

 

(2)        The time banked will remain unchanged.

 

25.1.8               Any untaken time off shall be taken and paid for at a time mutually agreed upon or at the Christmas annual leave period or upon termination.

 

25.1.9               Agreement to work such overtime must be reached by not less than two-thirds of the affected employees and must be agreed to by the union.

 

25.1.10             The union is to be advised and, where practical, consulted in advance of overtime being worked for time off in lieu.

 

25.1.11             The union shall consult and counsel its members in respect of the provisions contained in this clause.

 

25.1.12             The union shall not unreasonably withhold such agreement.

 

25.2      The provisions of this clause shall not affect the provisions of clauses 24.4 and 24.5.1.

 

26.  Shift Work

 

26.1      Notwithstanding anything contained within this award, employers may maintain, institute or reinstitute any system of shift work, subject only to the provisions and limitations set out in this clause.

 

26.2      Definitions - For the purposes of this clause:

 

26.2.1               "Day Shift" means any shift worked between the hours of 7.00 a.m. and 7.00 p.m.

 

26.2.2               "Morning Shift" means any shift commencing on or after 4.00 a.m. but before 7.00 a.m.

 

26.2.3               "Afternoon Shift" means any shift finishing after 5.00 p.m. and at or before midnight.

 

26.2.4               "Night Shift" means any shift finishing after midnight and at or before 8.00 a.m.

 

26.2.5               "Rostered Shift" means a shift for which the employee concerned has had at least forty-eight hours notice.

 

26.2.6               "Short Shift" shall mean a shift of not less than 20 ordinary working hours per week, other than day shift work.

 

26.3      Morning, Afternoon and Night Shift Allowances -

 

26.3.1               Subject to clause 26.3.2, a full-time shift worker whilst on morning, afternoon or night shift shall be paid an additional amount of 15 per cent of the weekly award wage for the classification concerned.

 

26.3.2               An employee engaged on permanent night shift duties shall be paid an additional amount of 30 per cent of the weekly award wage for the classification concerned.

 

26.3.3               A full-time shift worker who works on a morning, afternoon or night shift which does not continue for at least 5 successive afternoons or nights or for at least the number of ordinary hours prescribed as a week's work shall be paid an additional amount of 50 per cent of the weekly award wage for the classification concerned.

 

26.3.4               Short shifts of adult employees may be worked on any shift other than the day shift, by mutual agreement between an employer and his employees and with the consent of the union. Payment for such work shall be calculated in accordance with this subclause on a pro rata basis related to the time actually worked as a proportion of the ordinary weekly hours.

 

26.4      Hours of Work and Meal Breaks -

 

26.4.1               Subject to clauses 4, Part-time Employees, 20, Hours of Work, 21, Implementation of 38-Hour Week, and clause 26.3.3 the hours of work for shift workers will be 38 per week or an average of 38 per week to be worked between 11.00 p.m. Sundays and 8.00 a.m. Saturdays, in accordance with the provisions of paragraph 26.4.2.

 

26.4.2               All time worked by shift workers between midnight on Sunday and 7.00 a.m. on Monday shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

26.4.3               Starting the week's hours on a Sunday night, any employee who is employed on a Sunday shall, for all time worked on that day, be paid at the rate of double time.

 

Provided that, where by mutual agreement between an employer and his employees and with the consent of the union, shifts are rearranged to commence on Sunday instead of Monday, ordinary rates shall be paid for Sunday work.

 

26.4.4               The ordinary hours of work shall be worked continuously except for meal breaks which, at the discretion of the respondent employer, may be either an unpaid meal break of not less than 30 minutes or a paid crib period of 20 minutes which shall be counted as time worked. Meal breaks shall be given and taken no later than five hours after the commencement of the relevant shift.

 

26.4.5               All employees shall be allowed a rest period in accordance with clause 23, Rest Period.

 

26.5      Junior Workers - Prohibition on Night Shift - Employees under the age of eighteen years are prohibited from working on night shift.

 

26.6      Rosters -

 

26.6.1               Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

26.6.2               An employee who is required to change from one shift to another without two days' notice of such change of shifts shall be paid extra as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as compensation, but this shall not apply during any period where power restrictions are operating.

 

26.6.3               Rosters shall be displayed on a notice board easily accessible by the employees concerned.

 

26.6.4               No employee shall exchange his rostered duty with another employee without the approval of his or her immediate supervisor.

 

26.6.5               Except for the regular changeover of shifts, no employee shall be required to change from one shift to another without a break of at least 10 hours.

 

26.7      Variation by Agreement - The method of working shifts and the time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by seven days notice of alteration given by the employer to the employees.

 

26.8      Sundays and Holidays -

 

26.8.1               Where shifts commence between 9.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle an employee to the Sunday or holiday rate, provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday and extending into the holiday shall be regarded as time worked on such holiday.

 

26.8.2               Where shifts fall partly on a holiday, that shift, the major portion of which falls on the holiday, shall be regarded as the holiday shift.

 

26.8.3               Where a shift roster normally involves a night shift which finishes on Saturday morning, for the week in which Easter occurs a shift may be substituted for the Saturday morning shift to be worked as a normal shift commencing on the previous Sunday night and finishing on Monday morning at the ordinary shift rate.

 

26.9      Daylight Saving - Notwithstanding anything contained elsewhere in this award, in any area where by reason of State legislation summer time is prescribed as being in advance of the standard time of the State, the length of any shift -

 

26.9.1               commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and

 

26.9.2               commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

 

In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.

 

27.  Weekend Work

 

27.1

 

27.1.1   All time worked by an employee on a Saturday shall be paid at the rate of time and a half for the first two hours and double time thereafter. Provided that, time worked on a Saturday in alteration or removal of plant or machinery necessary for resumption of work the next working day, or for the purposes of stocktaking, shall be paid for at the rate of time and a half.

 

27.1.2   An employee called upon to work on a Saturday shall be paid for a minimum of 4 hours work at the appropriate overtime rates unless the employee elects to work less than 4 hours on each Saturday.

 

27.1.3   Provided further, that a meal allowance as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be payable only after the work exceeds beyond the normal time for ceasing work for the midday meal.

 

27.2

 

27.2.1   All time worked on a Sunday shall be paid for at the rate of treble time, payment being made for a full day, namely, eight hours, whether such full day is worked or not. Provided that time worked on a Sunday in alteration or removal of plant or machinery necessary for resumption of work the next working day, or for the purpose of stocktaking, shall be paid for at the rate of double time.

 

27.2.2   Provided further, that a meal allowance as set out in the said Item 4 shall be payable only after the work exceeds beyond the normal time for ceasing work for the midday meal.

 

27.3      Meal breaks on a Sunday shall be counted as time worked.

 

28.  Holidays

 

28.1      All employees shall be granted the following holidays without deduction of pay: (which is the ordinary rate of pay an employee would have received for the hours that they would have worked had the day not been a holiday) New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday or the August Bank Holiday, Labor Day, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day.

 

Provided that if any other day be by State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed.

 

Where any other day is gazetted as a public holiday for the State, such day shall be a holiday for the purposes of this award.

 

28.2

 

28.2.1   When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

 

28.2.2   When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

 

28.2.3   When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

 

28.3      Where public holidays are declared or prescribed on days other than those set out in clause 28.1 above, those days shall constitute additional holidays for the purpose of this award.

 

28.4      Subject to the provisions contained elsewhere in this clause, all work performed on any of the above mentioned holidays shall be paid for at the rate of double time and a half.

 

28.5      Changing Public Holidays by Agreement

 

28.5.1   An employer, with the agreement of the union which is party to this award, may substitute another day for any prescribed in this clause.

 

(i)         An employer and the employees may agree to substitute another day or any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

 

(ii)        An agreement pursuant to clause 28.5.1(i) shall be recorded in writing and be available to every affected employee.

 

(iii)       The union which is party to this award shall be informed of an agreement pursuant to clause 28.5.1(i) and may, within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.

 

(iv)      If a union, pursuant to clause 28.5.1(iv), refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.

 

(v)       If no resolution is achieved pursuant to clause 28.5.1(iv), the employer may apply to the Footwear Manufactures (State) Industrial Committee for approval of the agreement reached with his or her employees. Such an application must be made in 14 or more days before the prescribed holiday. After giving the employer and union an opportunity to be heard, the relevant Industrial Committee will determine the application.

 

28.6      Rostered day off or accumulated time off falling on a holiday

 

In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off shall not coincide with a holiday fixed in accordance with this clause. Provided that, in the event that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer shall allow the employee to take an alternative weekday off in lieu of the holiday.

 

28.7      Termination within fourteen days of a holiday

 

28.7.1   When an employee’s services are terminated other than for malingering inefficiency, neglect of duty or misconduct in a period not exceeding two weeks before the date the factory closes down for the Christmas period, the employee shall receive payment for the three public holidays, namely Christmas Day, Boxing Day, and New Year’s Day on the same basis as if he/she was still in the employ of the employer.

 

28.7.2   When an employee’s services are terminated by the employer other than for malingering, inefficiency , neglect of duty or misconduct in a period not exceeding two weeks before Good Friday, the employee shall receive payment for Good Friday and Easter Monday on the same basis as if he were still in the employ of the employer.

 

28.8      Full-time employees working non-standard hours - approved employers only

 

This subclause applies only to full-time employees employed by approved employers who do not regularly work a five-day, Monday to Friday week, as provided for elsewhere in this award.

 

28.8.1   When a prescribed holiday falls upon a day when the employee would not be working in any event the employee shall receive:

 

(i)         A day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(ii)        An additional day's wage.

 

28.8.2   If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day), the employee is entitled to:

 

(i)         If the employee is not required to work on the public holiday the employee shall receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off.

 

(ii)        If the employee is required to work on the public holiday the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in clause 28.8.1).

 

(iii)       If the employee is required to work on the substitute day the employee shall receive the rates of pay for working on a public holiday.

 

28.8.3   If an employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to:

 

(i)         A day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(ii)        Payment at public holiday rates for the day's work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday.

 

28.8.4   Christmas Day Loading

 

If the employee are rostered to work on a Saturday or Sunday that is a Christmas Day and are required to work, the employee shall receive the normal Saturday or Sunday rate, plus a loading of one-half of a normal day's wages for the full day's work and be entitled to the substitute day.

 

28.9      Permanent part-time employees (non-casual)

 

Where the normal roster of a part-time employee includes a day that is a holiday, the employee shall receive the normal pay they would have received on that day and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours they work during it.

 

28.9.1   For part-time employees whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following shall apply:

 

(i)         The employee shall be granted leave with pay on the "actual day" without any substitution; or

 

(ii)        The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or

 

(iii)       The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and receives, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day).

 

28.9.2   If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary time rates.

 

28.10    Payment for casual employees working on public holidays

 

A casual employee who works on the day prescribed, as the public holiday shall be paid the appropriate public holiday pay as provided for elsewhere in this award. The employee should receive the ordinary casual rate plus the applicable penalty. That is, the casual loading of twenty percent and the prescribed holiday rate for non-casual employees of 2.5 times ordinary rates. The casual will be paid 2.7 times the ordinary rate for non-casual employees.

 

29.  Annual Leave

 

29.1      Period of Leave - A period of twenty-eight consecutive days' leave shall be allowed annually to an employee after twelve months' continuous service (less the period of annual leave).

 

29.2      Annual Leave Exclusive of Public Holidays - Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 28, Holidays, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday. Where a holiday falls as aforesaid and the employee without written approval by the employer, or without reasonable cause, fails to attend for work at his ordinary starting time on the working day immediately following the last day of his annual leave, he shall not be entitled to be paid for any such holiday.

 

29.3      Broken Leave - The annual leave shall be taken in one or two periods. If the annual leave is given in two periods, then one of those two periods must be of at least 21 consecutive days.

 

Provided that if the employer and a simple majority of the employees agree, then the annual leave entitlement may be given and taken.

 

29.3.1   in two periods, neither of which is of at least 21 consecutive days; or

 

29.3.2   in three periods.

 

29.4      Calculations of Continuous Service - For the purposes of this clause, service shall be deemed to be continuous, notwithstanding:

 

29.4.1   any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

 

29.4.2   any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer;

 

29.4.3   any absence with reasonable cause, proof whereof shall be upon the employee; or

 

29.4.4   breaks arising from slackness of work.

 

In cases of personal sickness or accident or absences with reasonable cause, the employee to become entitled to the benefit of this subclause shall inform the employer in writing, if practicable, within twenty-four hours of the commencement of such absence of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the absence.

 

Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer, during the absence or within fourteen days of the termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

 

In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to the employees by the posting up of a notification in the plant in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism a copy of the notification not later than the day it is posted up in the plant.

 

A notice to an individual employee may be given by delivering it to them personally or by posting it to the last recorded address, in which case it shall be deemed to have reached the employee in due course of post.

 

In calculating the period of twelve months continuous service, the following absences shall be counted as time worked:

 

Up to 152 ordinary working hours in a twelve-month period in the case of sickness or accident.

 

Bereavement Leave.

 

Jury Service.

 

Other absences from work shall not count as time worked in calculating the period of twelve months continuous service.

 

29.5      Calculation of Service - Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed. Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when the employer became successor assignee or transmittee, the employee in respect of the period during which the employee was in the service of the predecessor shall, for the purpose of this clause, be deemed to be in the service of the employer.

 

Annual leave shall be allowed at the rate of one-twelfth of the employee's ordinary time during the period of continuous service.

 

29.6      Leave to be Taken - The annual leave provided for by this subclause shall be allowed and shall be taken and, except as provided by clauses 29.11 and 29.12, payment shall not be made or accepted in lieu of annual leave.

 

29.7      Time of Taking Leave - Annual leave shall be given at a time fixed by the employer within a period not exceeding ten months from the date when the right to annual leave accrued and after not less than one month's notice to the employee or a lesser period of notice by mutual agreement.

 

29.8      Leave Allowed Before Due Date - An employer may, by notice in writing, allow annual leave to an employee before the right thereto has accrued due, but where leave is taken in such case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before accrued. Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which leave was granted, and the sum paid by the employer to such employee in respect of annual leave exceeds the sum which the employer is required to pay under the provisions of this clause, the employer shall be entitled to deduct the amount of such excess from any remuneration payable to the employee on the termination of the employment.

 

29.9      Payment of Period of Leave - Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

 

Subject to clause 29.10 each employee shall have the amount of wages to be received for annual leave calculated by including the following, where applicable:

 

29.9.1   Time Workers -

 

(i)         The rates prescribed by clauses 8 Rates of Pay, 10, Leading Hands, 12, Rates of Pay - Apprentices and Probationers, 15, Junior Workers and 43, First-aid Attendants, for the occupation in which the employee was ordinarily employed immediately prior to the commencement of their leave or the termination of employment, as the case may be.

 

(ii)        The rate prescribed for work in ordinary time by clause 26, Shift Work, according to the employee's roster or projected roster, including Saturday shifts.

 

(iii)       The rate payable pursuant to clause 17, Mixed Functions, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

 

(iv)      Any other rate (including overaward payments) to which the employee is entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment prescribed by clause 24, Overtime.

 

29.9.2   Incentive Workers - In the case of an employee employed on incentive work or any other system of payment by results, whether in accordance with clause 18, Incentive Systems, or otherwise, the rate which is the weekly average of payments made to the employee under such scheme for each completed week actually worked by him during ordinary hours within the last three-month period in respect of which such payments have been calculated prior to the date which is three weeks before the date of commencing leave or termination of employment, as the case may be.

 

In defining "each completed week actually worked", weeks with absences (paid or otherwise) shall be disregarded; however, long service leave calculated in accordance with the above prescription shall be included.

 

29.10    Loading on Annual Leave - During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by clause 29.10.1, subject to the following provisions:

 

The loading shall be as follows:

 

29.10.1             Time Workers - An employee who would have worked on day work only had he not been on leave - a loading of 17½ per cent.

 

29.10.2             Incentive Workers - The loading payable to an incentive worker shall be the amount calculated in clause 29.9.2 or the ordinary earnings (excluding incentive payments) plus a loading of 17½ per cent, whichever is the greater.

 

29.10.3             Shift Workers -

 

(i)         On time work - a loading of 17½ per cent or the shift loading the employee would have received had that employee not been on leave, whichever is the greater.

 

(ii)        On any system of payment by results work - a loading of 17½ per cent calculated on the weekly average of payments made to the employee under such system for each completed week actually worked by the employee during ordinary hours within the last three-month period in respect of which such payments have been calculated prior to the date which is three weeks before the date of commencing leave or termination of employment, as the case may be, or the shift loading the employee would have received had the employee not been on leave, whichever is the greater.

 

The loading prescribed clause 29.10.1 shall not apply to proportionate leave on termination unless, within a period of two weeks before the factory closes down for the Christmas period, the employee's employment is terminated by the employer other than for malingering, inefficiency, neglect of duty or misconduct.

 

29.11    Proportionate Leave on Dismissal - An employee who -

 

29.11.1             after one month's continuous service in the first qualifying 12-month period with an employer lawfully leaves the employment of the employer or the employment is terminated by the employer through no fault of the employee; or

 

29.11.2             after twelve months continuous service with an employer, leaves the employment of the employer or his employment is terminated by the employer for any reason, shall be paid at the appropriate rate of wage as prescribed by clause 29.9 and 29.10 for one-twelfth of the period of service in respect of which leave has not been granted under this clause.

 

Provided that an employee who, after one month's continuous service in the first qualifying 12-month period with an employer, leaves their employment unlawfully, or whose employment after one month's service in the first qualifying 12-month period with an employer is terminated by the employer through the fault of the employee, shall be entitled to a pro rata payment of half the amount prescribed in the preceding paragraph.

 

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

 

29.12.1             The employer may, by giving not less than three months' notice of the intention so to do, stand off for the duration of the closedown all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks' leave pursuant to clause 29.1, paid leave on a proportionate basis at the appropriate rate of wage as prescribed by clause 29.9 and 29.10 for one-twelfth of the period of continuous service.

 

29.12.2             An employee who has then qualified for four full weeks' leave pursuant to clause 29.1 and has also completed a further period of continuous service shall be allowed the leave and shall, subject to clause 29.5f also be paid at the appropriate rate of wage as prescribed by clauses 29.9 and clauses 29.10 for one-twelfth of the period of continuous service performed since the close of the last twelve-month qualifying period.

 

29.12.3             The next twelve-month qualifying period for each employee affected by such close- down shall commence from the day on which the plant or section or sections concerned is reopened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next twelve-month qualifying period.

 

29.12.4             If in the first year of service with an employer an employee is allowed proportionate annual leave under clause 29.12.1, and subsequently within such year lawfully leaves the employment or employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of clause 29.10 subject to adjustment for any proportionate leave which he may have been allowed as aforesaid.

 

29.12.5             Balance of annual leave can be taken by mutual agreement, but not later than 31 October of each year.

 

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

 

30.  Trade Union Training Leave

 

30.1      Subject to clause 30.2, a union delegate or elected employee workplace representative shall, upon application in writing, be granted up to five days' leave with pay each calendar year, non-cumulative, to attend courses conducted or approved by the Australian Trade Union Training Authority which are designed to promote good industrial relations and industrial efficiency within the footwear industry.

 

This notice to the respondent employer must include details of the type, content and duration of the course to be attended.

 

30.2      Employers may approve leave in accordance with this clause, subject to the following limitations:

 

30.2.1               Where the employer employs up to and including 49 employees, five union delegates or elected workplace representatives may be granted five days' leave per annum, which is available within any twelve-month period.

 

30.2.2               Where the employer employs between 50 and 150 employees inclusive, ten union delegates or elected workplace representatives may be granted five days' leave per annum, which is available within any twelve-month period.

 

30.2.3               Where the employer employs 150 or more employees, fifteen union delegates or elected workplace representatives may be granted five days' leave per annum, which is available within any twelve-month period.

 

30.2.4               Provided the numbers contained in this clause may be varied by mutual agreement between the union and an employer.

 

30.3      The granting of such leave shall be subject to the employee or the union giving not less than one calendar month's notice of the intention to attend such courses or such lesser period as may be agreed upon between the employer, union and employee concerned.

 

Provided that the taking of such leave shall be arranged so as to minimise any adverse effect on the respondent employer's operations.

 

30.4      Leave of absence granted pursuant to this clause shall count as service for all purposes.

 

30.5      Each employee on leave approved in accordance with this clause shall be paid all ordinary- time earnings which normally become due and payable during the period of the leave, such wages to be calculated in accordance with subclause clause 29.1.

 

30.6      All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course during leave approved pursuant to this clause shall be the responsibility of the employee or the union, unless otherwise agreed upon between the employer, the union and the employee concerned.

 

30.7      Should an employee granted leave pursuant to this clause fail to attend the nominated course, the respondent employer shall be notified by the union as soon as practicable, and no payment is to be made by the employer in respect of leave or the employee concerned pursuant to this clause.

 

30.8      In the event that a scheduled rostered day off, resulting from a work arrangement established in accordance with clause 21, Implementation of 38-Hour Week, falls within a period of leave approved pursuant to this clause, no alternative shall be substituted in lieu.

 

30.9      Employees granted leave pursuant to this clause shall inform their employer, after the completion of the course, of the nature of the course and their observations on it.

 

31.  Sick Leave

 

31.1      An employee who has been in the service of an employer for four weeks and who is absent from work on account of personal sickness or accident shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

 

31.1.1               The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

 

31.1.2               The employee shall, within twenty-four hours of the commencement of such absence, inform the employer of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence.

 

31.1.3               The employee shall prove to the satisfaction of the employer that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

31.1.4               The shall not be entitled in the first year of any period of service (whether in the employ of one employer or of several) to leave in excess of 38 hours of working time.

 

The employee shall not be entitled in the second and subsequent years, as defined in clause 31.6, of any period of service with an employer to leave in excess of 60.8 hours of working time.

 

An employee who commences employment with any employer shall not be entitled to more than 3.1667 hours sick leave for each of the first six months of employment, provided that at the completion of the first six months employment the employee will be entitled to the balance of sick leave outstanding for that year as defined in clause 31.6.

 

An employee who commences employment with any employer on or after 1 July in any year shall be entitled to not more than 3.1667 hours sick leave for each month of service in that year as defined in clause 31.6

 

For the purpose of administering this paragraph an employer may, within one month of this award coming into operation or within two weeks of the employee's entering into employment, require an employee to make a sworn declaration or other written statement as to what paid leave of absence the employee has had from any employer during the then current year; and upon such statement the employer shall be entitled to rely and act.

 

31.2      Single Day Absences -

 

31.2.1               In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee, if in the year has already been allowed paid sick leave on two separate occasions for one day only, shall not be entitled to payment for the day claimed unless the employee produces to the employer a medical certificate as evidence that the employee was unable to attend duty on account of personal illness or on account of injury by accident. However, in lieu thereof, an employer shall agree to accept from the employee a Statutory Declaration stating that the employee was unable to attend for duty on account of personal illness or on account of injury by accident.

 

31.2.2               If in any year, as defined in clause 31.6, an employee has accumulated an entitlement of 159.6 hours, the employee shall be allowed in that year four single days absences without the provision of a medical certificate.

 

31.2.3               Nothing in this subclause shall limit the employer's rights under clause 31.1.3.

 

31.3      Cumulative Sick Leave - Sick leave shall accumulate from year to year so that any balance of the period specified in clause 31.1 which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of twelve years but for no longer than from the end of the year in which it accrues.

 

31.3.1               An employer shall not avoid their obligations to pay sick leave by terminating an employee's employment whilst on paid sick leave if the termination has been made by the employer with the intention of avoiding any obligation imposed on him pursuant to this clause.

 

31.4      Re-engagement - Where an employee's services are terminated through slackness of trade and the employee is re-engaged by the same employer within a period of six months, any accrued sick leave standing to the credit of such employee at the date of termination shall be re-credited from the date of re-engagement.

 

Service immediately prior to the date of such termination shall be counted as service for sick leave purposes.

 

31.5      Attendance at Hospitals, etc. -. An employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which he is entitled to workers' compensation) necessitating attendance during working hours on a doctor, chemist or trained nurse or at a hospital, shall not suffer any deduction from the employees pay for the time so occupied on the day of the accident and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

 

31.6      Year - For the purpose of this clause, a year shall be deemed to be from 1 January to 31 December, inclusive.

 

32.  Personal/Carer's Leave

 

32.1      Use of Sick Leave

 

32.1.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 32.1.3(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 31, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

32.1.2               The employee shall, if required,

 

(1)        establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

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

 

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

 

32.1.3               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:

 

(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 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

 

(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:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

32.1.4   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.

 

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

 

Where the parties are unable to reach agreement the disputes procedure at clause 3, Dispute Settlement Procedure, should be followed.

 

32.2      Unpaid Leave for Family Purpose

 

32.2.1               An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 32.1.3(ii) above who is ill or who requires care due to an unexpected emergency.

 

32.3      Annual Leave

 

32.3.1   An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

32.3.2   Access to annual leave, as prescribed in clause 32.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

32.3.3   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.

 

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

 

32.4      Time Off in Lieu of Payment for Overtime

 

32.4.1   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.

 

32.4.2   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.

 

32.4.3   If, having elected to take time as leave in accordance with clause 32.4.1, 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.

 

32.4.4   Where no election is made in accordance with clause 32.4.1, the employee shall be paid overtime rates in accordance with the award.

 

32.5      Make-up Time

 

32.5.1   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.

 

32.5.2   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.

 

32.6      Rostered Days Off

 

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

 

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

 

32.6.3   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.

 

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

 

32.7      Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 32.1.2 and 32.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 32.1.3(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

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

 

33.  Bereavement Leave

 

33.1      An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay up to and including the day of the funeral on each occasion of the death of a person prescribed in clause 33.3.

 

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

 

33.3      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 clause 32.1.3(ii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

33.4      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.

 

33.5      Bereavement leave may be taken in conjunction with other leave available under sub clauses 32.2, 32.3, 32.4, 32.5, and 32.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

33.6      Bereavement entitlements for casual employees

 

33.6.1   Subject to the evidentiary and notice requirements in 33.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 32.1.3(ii) of clause 32, Personal/Carers' Leave.

 

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

 

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

 

34.  Parental Leave

 

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

 

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

 

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

 

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

 

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

 

(3)        Right to request

 

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

 

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

 

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

 

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

 

to assist the employee in reconciling work and parental responsibilities.

 

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

 

(c)        Employee's request and the employer's decision to be in writing

 

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

 

(d)        Request to return to work part-time

 

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

 

(4)        Communication during parental leave

 

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

 

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

 

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

 

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

 

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

 

35.  Jury Service

 

35.1      An employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received had they not been on jury service.

 

35.2      An employee shall notify the employer as soon as possible of the date upon which they are required to attend for jury service. Further, the employee shall give the employer proof of his attendance, the duration of such attendance and the amount received in respect of such jury service.

 

36.  Blood Donors

 

36.1      A weekly employee who is absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay, up to a maximum of two hours on each occasion and subject to a maximum of four separate absences, for the purpose of donating blood each calendar year. Provided that such employee shall arrange, as far as is practicable, for the absence to be as close as possible to the beginning or the ending of the employees ordinary working hours.

 

36.2      Provided further the employee shall notify his employer as soon as possible of the time and date upon which he is requesting to be absent for the purpose of donating blood.

 

36.3      Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of such attendance, shall be furnished to the satisfaction of the employer.

 

37.  Outdoor Work

 

37.1

 

37.1.1   Except in the case of an employer giving work out to another employer, outdoor work shall not be permitted unless, after consultation with the union, a permit is issued by the Industrial Registrar.

 

37.1.2   Such permit shall be in the form prescribed by Schedule "E"

 

37.2      Nothing herein contained shall affect the right of an employer bound by this award to contract or subcontract with any person who conducts a workshop or factory, with respect to the performance by the latter of outdoor work provided that such person is a person or firm or company bound by this award, or a person, firm or company bound by an agreement with the union, filed in the Industrial Relations Commission, and in the last case is one to whom a permit as hereinafter provided, revocable without notice, has been granted by the Industrial Registrar or Deputy Industrial Registrar. Any person who has entered into such an agreement shall obtain from the Industrial Registrar or Deputy Industrial Registrar a permit to accept such contract or subcontract, and the giving of a contract or subcontract without a permit first being obtained shall be a breach of this award by the person giving such contract. A workshop or factory for the purpose of this subclause shall be deemed to mean any place other than a private dwelling in which four or more persons (including the employer if a working employer) are employed.

 

The refusal by the union to make an agreement with an applicant for the same may be reviewed by the appropriate Industrial Relations Commission. If the Industrial Relations Commission decides that the refusal to make the agreement was unwarranted in the circumstances, the union shall thereupon enter into such agreement.

 

37.3      The penalty for breach of the clause or any condition of the permit referred to shall be $100.00 for each day and each person and each breach concerned.

 

An employer who employs one or more individual outdoor workers outside that employer's workshop or factory other than an outdoor worker who has been issued with a permit shall, in addition to any penalty to which he may be liable under this award or otherwise, be required to and shall pay such worker or workers at the rate of treble time, or if engaged under any payment by results system, a sum to equal treble the time worked rate per hour prescribed for the classified individual for the time occupied upon such work.

 

37.4      Refer to Part VII, Factories and Industries Act 1962.

 

38.  Aged, Slow and Infirm Workers

 

38.1      In the case of an employee who is unable to earn the minimum wage prescribed by this award or who is unable to work the prescribed 38 hours per week, a lower wage rate of a lesser number of hours may be fixed with the consent of the union or, if such consent is refused, then with the consent of the Industrial Registrar or Deputy Industrial Registrar of the Industrial Relations Commission of New South Wales.

 

38.2      The consent shall be for a specified term not exceeding one year, and the document evidencing it shall state the rate payable to and the name and the occupation of the employee in respect of whom it has been granted and it shall be filed by the employer with the Industrial Registrar or Deputy Industrial Registrar of the Industrial Relations Commission. Refer to Industrial Relations Act 1996.

 

39.  Time and Wages Books

 

39.1      The employer must keep in each factory, workshop or place where work is being done for him or her, a time and wages book or sheet or records, which shall have correctly recorded in ink or by other means except pencil and in the English language the following particulars:

 

39.1.1   The initials and surname and classification of each employee.

 

39.1.2   The date of birth and experience and time work rate of pay of junior workers in respect of new employees at the date of engagement.

 

39.1.3   The number of hours of ordinary time worked by each employee each day and each week and the amount of weekly superannuation contributions paid in accordance with clause 50of this award.

 

39.1.4   The number of hours of overtime worked by each employee each day and each week.

 

39.1.5   The total amount of wages paid to each employee each week and the amount deducted for taxation purposes.

 

39.1.6   The actual name of the day and date of each day each week and also the name of the day and the date on which each week ends.

 

39.1.7   All holiday, annual leave, long service and sick leave payments.

 

39.2      Where any employee is employed under any system of payment by results the employer shall keep a correct record of the rates and of the class and number of articles on which work is done by such employee each week.

 

39.3      An authorised person or persons making an inspection shall be entitled to take a copy of entries in time and wages books or record relating to the suspected breach of this award.

 

40.  Tools

 

The employer shall provide all necessary tools for use by the employee and such tools shall remain the property of the employer. An employee shall replace or pay for tools supplied if lost through his negligence.

 

41.  Award Posted

 

41.1      A copy of this award, together with all variations shall be posted and kept posted by the employer in each factory or workshop in a prominent place accessible to employees.

 

42.  Amenities

 

42.1      Heating and Cooling - In each factory or workshop the employer shall make provision for adequate warmth during the winter period and a system for cooling in summer. Cooling, for the purposes of this subclause, shall be considered adequate if sufficient air circulating apparatus is used. Further, where extreme conditions of heat prevail, exhaust fans can be installed.

 

42.2      Dining Accommodation - In any factory or workshop where more than five persons are employed a dining room, properly furnished, shall be provided in a suitable position.

 

42.3      Rest Room - In factories where female employees are employed a properly ventilated rest room shall be provided for the use of such female employees. It shall contain a suitable couch and seating accommodation and, in addition, a pillow and blanket shall be provided.

 

42.4      Lockers and Change Rooms - In each factory or workshop the employer shall provide at some reasonably convenient place on his premises a suitable locker for each employee or hanging facilities which afford reasonable protection for each employee's clothes and a suitable dressing room for each of the sexes employed by him. These amenities may be contained in one room for each sex.

 

42.5      Seats - Where it is necessary for employees to sit at their work, seats which shall be reasonably comfortable and, where requested and practicable, with backs shall be provided by the employer for the employees.

 

42.6      Wash Accommodation - The employer shall provide warm water together with proper and sufficient facilities for all employees.

 

42.7      Drinking Water - In each factory or workshop the employer shall at some suitable place or places on the premises provide refrigerated drinking water for the use of the employees.

 

42.8      Protective Gloves or Cream - Where an employee is handling chemicals, solvents, solutions or dyes, he shall be supplied with protective gloves or a protective cream.

 

42.9      Exemption - Any employer may apply to the Industrial Relations Commission for exemption in whole or part from the provisions of this clause.

 

42.10    This clause shall not affect the operations of any State laws or regulations or be deemed to be inconsistent with any such laws or regulations.

 

43.  First-Aid Attendants

 

43.1      Each employer shall employ, where possible, an employee, preferably one who holds a Certificate of the St. John Ambulance Brigade or similar organisation, in charge of first-aid. Such employee shall be paid the minimum allowances as set out in Items 6 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates.

 

44.  First-Aid Outfit

 

44.1      The employer shall provide and continuously maintain an efficient first-aid outfit in each factory controlled by him.

 

44.2      An efficient first-aid outfit shall be as prescribed by the laws and regulations of the State but, where there is no legislation on the subject, the first-aid outfit shall contain the following equipment:

 

Quantities to be kept in Ambulance Chest

 

Article	Factories and workshops in which more	Factories and workshops in
	than 30 persons are Employed	which not more than 30 persons
		are employed
Antiseptic Solution	1 bottle	2 bottles
Bandages, Cotton and	½ doz. ass. Sizes	1 doz. ass. sizes
Gauze
Iodine, Tincture of	1 oz.	2 ozs.
Castor Oil	1 oz.	2 ozs.
Manual, First-aid	One	One
Petroleum, carbolised	1 jar	1 jar
Picric acid solution,
made according to the
following recipe or
prescription: 1½
teaspoons of powdered
picric acid3 oz. absolute
alcohol2 pints distilled
water
Acri flavine	1 bottle	2 bottles
Pins, safety	1 packet	2 packets
Sal Volatile	1 oz.	6 oz.
Scissors	1 pair	1 pair
Tourniquet	One	One
Cotton, absorbent  )
gauze, sterilised, and )	An adequate	An adequate
plain plaster, ..........)	assortment	assortment
adhesive .................)

 

45.  Factories Regulations

 

45.1      The operation of any laws and regulations in force in the State of New South Wales relating to factories and workshops in respect of safety, sanitation, factory cleanliness and light shall not, insofar as they are not inconsistent with this award, be affected by this award.

 

46.  Right of Entry

 

46.1      Any person or persons duly authorised by the Industrial Registrar or Deputy Industrial Registrar in writing (such authorisation shall be terminable at the will of the Industrial Registrar or Deputy Industrial Registrar) shall be allowed to enter the factory or workshop during working hours. The employer shall in person, or by representatives on their behalf, be entitled to accompany the authorised person or persons during an inspection. Access shall be granted to the wages book or time sheets or records covering all employees, including outdoor workers, in the employ of that employer. The employers shall be advised on all occasions when entry is sought - except when not required by law to do so.

 

46.2      Wages books or time sheets or records, or a true copy thereof, must be kept on the premises at which employees are working and be made available for inspection on demand. Any failure on the part of an employer in this respect shall constitute a breach of the award.

 

46.3      Authorised person or persons shall not be denied entry to an establishment on the basis that the employer or nominated official is not available to grant access at the time entry is sought.

 

46.4      The work and duties of all employees in the establishment and business of the employer shall be interfered with as little as possible by the authorised person or persons.

 

46.5      An employer shall permit any person authorised by the Registrar or Deputy Registrar in writing to enter from time to time one or several factories or workshops of that employer during the midday meal and/or rest periods to hold discussions with employees (and others as may be required) and/or conduct legitimate union business; and once during each month at a time most convenient to an employer during working hours , for the purpose of collecting members’ contributions.

 

46.6      An employer shall permit any person authorised by the Registrar or Deputy Registrar in writing to enter from time to time one or several factories or workshops of that employer any time during working hours to inspect time, wage and other records kept by the employer.

 

46.7      Such authorised person shall inform the person-in-charge (a person shall be in charge) of their arrival before entering the workshop or factory. Such official shall have reasonable ingress into the factory and access to the employees. If an official so authorised makes themselves objectionable during any such visit to the employer (or their representative) or to any employee, their authorisation may be terminated by the Registrar or Deputy Registrar on an application by the employer.

 

46.8      Where any employer or their representative fails to comply with the requirements of this clause, the failure shall constitute a breach of this award.

 

46.9      Where any union official behaves in an objectionable manner such conduct shall constitute a breach of this award.

 

47.  Shop Presidents

 

47.1      An employer shall allow a shop president appointed by employees in each workshop the necessary time during working hours to interview their representatives on matters affecting the employees whom the shop president represents.

 

48.  Introduction of Change

 

48.1      Employer's Duty to Notify -

 

48.1.1   Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union or unions.

 

48.1.2   "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work locations and the restructuring of jobs. Provided that where the award makes provisions for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effects.

 

48.2      Employer's Duty to Discuss Change -

 

48.2.1   The employer shall discuss with the employees affected and their union or unions, inter alia, the introduction of the changes referred to in subclause (a) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their unions in relation to the changes.

 

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

 

48.2.3   For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their union or unions, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to his or her interests.

 

49.  Redundancy

 

49.1      Discussion Before Termination -

 

49.1.1   Where an employer has made a definite decision that he or she no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.

 

49.1.2   The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of clause 49.1.1 and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

49.1.3   For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to all employees concerned and their union or unions, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosures of which would be inimical to their interests.

 

49.2      Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in clause 49.1.1, the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated and the employer may, at their option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the newer ordinary time rate for the number of weeks of notice still owing.

 

49.3      Severance Pay - In addition to the period of notice prescribed for ordinary termination in clause 4.2, , and, subject to further order of the Commission, an employee whose employment is terminated for reasons set out clause 49.1.1 shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

SCALE OF SEVERANCE PAYMENTS

 

Length of continuous	Rate for calculation of amount of
service by employee.	severance payment.
	If employee under 45 years of age.	If employee 45 or more years of
		age.
Less than 1 year	Nil.	Nil.
1 year and more but less	4 weeks' pay	5 weeks' pay
than 2 years
2 years and more but less	7 weeks' pay	8.75 weeks' pay
than 3 years
3 years and more but less	10 weeks' pay	12.5 weeks' pay
than 4 years
4 years and more but less	12 weeks' pay	15 weeks' pay
than 5 years
5 years and more but less	14 weeks' pay	17.5 weeks' pay
than 6 years
6 years and more	16 weeks' pay	20 weeks' pay

 

"Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

49.4      Employee Leaving During Notice Period - An employee whose employment is terminated for reasons set out in clause 49.1.1 may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he or she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

49.5      Alternative Employment - An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied if he or she obtains acceptable alternative employment for an employee.

 

49.6      Time Off During Notice Period -

 

49.6.1   During the period of notice of termination given by the employee for reasons set out in clause 49.1.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

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

 

For this purpose a statutory declaration will be sufficient.

 

49.7      Notification to C.E.S. - Where a decision has been made to terminate employees in the circumstances outlined in clause 49.1.1, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

49.8      Transmission of Business -

 

49.8.1   Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called the "transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(i)         The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission.

 

(ii)        The period of employment, which the employee has had with the transmittor or any prior transmittor, shall be deemed to be service of the employee with the transmittee.

 

49.8.2   In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession, whether by agreement or by operation of the law, and "transmitted" has a corresponding meaning.

 

49.9      Employees With Less Than One Year's Service - This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employee of suitable alternative employment.

 

49.10    Employees Exempted - This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

49.11    Employers Exempted - Subject to further order by the Commission in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

 

49.12    Incapacity to Pay - An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

 

50.  Superannuation

 

50.1      Preamble

 

Superannuation Legislation

 

50.1.1   Subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

50.1.2   Notwithstanding 50.1.1 above, the following provisions must also apply:

 

50.2      Definitions

 

50.2.1   "The Fund" for the purposes of this clause will mean the:

 

(i)         Australian Retirement Fund established and governed by a trust deed 11 July 1986, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

 

(ii)        Subject to the agreement of the relevant State Secretary of the Union and its members, an employer sponsored fund established prior to 17 August, 1987, which complies with the Superannuation Industry (Supervision) Act 1993 as amended from time to time, and set out in sub-clause .7.2 of this clause.

 

50.2.2   "Ordinary Time Earnings" for the purposes of this Clause, all references to "Ordinary Time Earnings" will mean and include:

 

(i)         award skill level or classification rate;

 

(ii)        supplementary payment (where relevant);

 

(iii)       over-award payment;

 

(iv)      shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime;

 

(v)       payment by results earnings;

 

(vi)      all non reimbursable allowances payable under the award.

 

50.2.3   "The Table" for the purposes of this clause means the following table:

 

Financial Year	Percentage
	Column A	Column B
1992-93 (1 July - 31 December)	4	3
1992-93 (1 January - 30 June)	5	3
1993-94	5	3
1994-95	5	4
1995-96	6	5
1996-97	6	6
1997-98	6	6
1998-99	7	7
1999-2000	7	7
2000-01	8	8
2001-02	8	8
2002-03 and subsequent years	9	9

 

(i)         Column A in the Table above specifies the charge percentages where the employer's national payroll for the base year (the 1991-92 financial year) exceeded $1,000,000.

 

(ii)        Column B in the Table above specifies the charge percentages where the employer's national payroll for the base year (the 1991-92 financial year) did not exceed $1,000,000.

 

(iii)       Subject to amendments to the charge percentages prescribed in the Superannuation Guarantee (Administration) Act 1991 (SGA Act), the above Table is deemed to be changed to reflect amendments.

 

50.2.4   "Red Circled Employee"

 

For the purposes of this clause, a Red Circled Employee is an employee who was:-

 

(i)         in the employ of an employer at 30 June 1995, and

 

(ii)        whose ordinary time earnings were less than $380.60 at 30 June 1995 and;

 

(iii)       the employee's superannuation entitlements prior to 30 June 1995 were greater than the superannuation percentage requirements under the Superannuation Guarantee (Administration) Act 1992

 

A "Red Circled Employee" superannuation entitlements are detailed at subclause 50.5 of this clause

 

50.3      Employers to Become a Party to the Fund:

 

50.3.1   A employer shall make application to the Fund to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.

 

50.3.2   An employer shall provide each employee who is not a member of the Fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

 

50.3.3   Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of this clause or commencement of employment.

 

50.4      Eligibility of Employees

 

50.4.1   Each employee shall be eligible to join the Fund upon commencement of employment.

 

50.4.2   Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in subclause .3.3 was forwarded to the Fund.

 

50.5      Employer Contributions on Behalf of Each Employee

 

50.5.1   Notwithstanding the provisions of sub-clause .5.2 and the legislation referred to therein, a employer must contribute to the Fund in respect of each employee, irrespective of the age and/or earnings of the employee, such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992 as amended from time to time. Failure to comply with this sub paragraph shall constitute a distinct and separate breach of this sub paragraph.

 

50.5.2   Red Circled Employee

 

A Red Circled Employee must not be disadvantaged in the provisions of their superannuation entitlements by employers transferring from the Stage 1 system to the Stage 2 system of calculation of superannuation obligations outlined below.

 

(i)         For the purposes of this clause, an employee will be deemed to be a Red Circled Employee if:-

 

(1)        in the employ of an employer at 30 June 1995, and

 

(2)        whose ordinary time earnings were less than $380.60 at 30 June 1995 and;

 

(3)        the employee's superannuation entitlements prior to 30 June 1995 were greater than the superannuation percentage requirements under the Superannuation Guarantee (Administration) Act 1992.

 

(ii)        The system of calculating a Red Circled Employee's full superannuation entitlements must be the Stage 1 system outlined in clause .5.2(iii)(1) until such time as these employee's full superannuation entitlement would be equal to or greater under the Stage 2 system clause outlined in clause .5.2(iii)(2).

 

(iii)

 

(1)        The Stage 1 system of calculating an employer's full superannuation obligations for an employee is by:-

 

(A)       The provision of superannuation contributions as follows:

 

 

(B)

 

(I)         1.342 percentage of Ordinary Time Earnings as defined in sub clause 55.2 of this clause if the employer's payroll was in excess of $1,000,000 as at 1 July 1992, or

 

(II)       0.342 percentage of Ordinary Time Earnings as defined in sub clause 55.2 of this clause if the employers payroll was less than $1,000,000 as at 1 July 1992.

 

(2)        Subject to the provisions of clause .5.2(ii) the Stage 2 method of calculating an employer's full superannuation obligations for an employee is by applying the relevant percentage as outlined in the Table located at clause 2 of this clause to the employee's Ordinary Time Earnings.

 

Failure to comply with this sub clause shall constitute a distinct and separate breach of this sub clause.

 

50.5.3   Such contributions shall be made monthly by the last day of the month following, the total of the weekly contribution amounts accruing in the previous month in respect of each employee.

 

The amount of contributions to the fund shall be calculated to the nearest ten cents, and any fraction below five cents shall be disregarded.

 

50.5.4   The Fund and the amount of contributions paid in accordance with this sub-clause and -clause  .6 shall be included in pay advice notices provided by employers to each employee.

 

50.5.5   Contributions shall continue to be paid in accordance with this sub-clause during any period in respect of which an employee is entitled to receive Workers Compensation Payment to a maximum of 39 weeks.

 

50.5.6   Unpaid Absences

 

Except as where specified in the rule of the Fund, contributions by employers in respect of unpaid absences will be proportional to the wage received by the employee concerned in a particular pay period. For the purposes of this clause, each pay period will stand-alone. Accordingly, unpaid absences in one pay period will not carry over to another pay period.

 

50.5.7   Cessation of Contributions

 

A employer's obligation to make contributions on behalf of the employee ceases on the last day of employment of the employee with the employer.

 

50.6      Employee Contributions

 

50.6.1   An employee may make contributions to the Fund in addition to those made by the employer under sub-clause 5 .5.

 

50.6.2   An employee who wishes to make additional contributions must authorise the employer in writing to pay into the Fund, from the employee's wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.

 

50.6.3   An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within 14 days of receiving the authorisation.

 

50.6.4   An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of receiving the authorisation. An employee may only vary his or her additional contributions once each month.

 

50.6.5   Additional employee contributions to the Fund requested under this sub-clause shall be expressed in whole dollars.

 

50.7      Exemptions

 

50.7.1   A employer may make application for exemption from clause 5 in respect of contributions to the Fund for employees who are not members of the Union.

 

Applications for exemption shall be determined in accordance with the Superannuation Test Case (Print L5100) or any decision made in succession thereto.

 

50.7.2   It is recorded that the scheme specified in the first column hereunder is a scheme to which this paragraph applies and that the agreement of the Union and its members has effect on and after the date correspondingly set out in the third column hereunder:

 

(1)	(2)	(3)
Name of Scheme	Covered	Date of effect of Union agreement
Pacific Dunlop Superannuation Fund		1 October 1987

 

51.  Anti- Discrimination

 

51.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

51.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their 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.

 

51.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

51.4      Nothing in this clause is to be taken to affect:

 

51.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

51.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

51.4.3   any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

51.4.4   a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

NOTES -

 

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

 

(ii)        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".

 

51A.  Traineeships

 

As to traineeships for persons covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

52.  Area, Incidence and Duration

 

52.1      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Footwear Manufacturing Industry (State) Award published 22 February 2002 (331 I.G. 606), and all variations thereof.

 

52.2      The award published 22 February 2002 took effect from the beginning of the first pay period to commence on or after 27 July 2001. This award remains in force until varied or rescinded for the period for which it was made already having expired.

 

52.3      The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 January 2008.

 

52.4      It shall apply to all persons engaged wholly or partly designing or cutting patterns for boots, shoes, sandals and slippers from metal or any other material and/or wholly or partly manufacturing boots, shoes, sandals and slippers of every description and cutting or preparing half soles, tip fillers or top pieces when such half soles, tip fillers or top pieces are cut or prepared for repair work, in the State, excluding the County of Yancowinna, within the jurisdiction of the Footwear Manufactures (State) Industrial Committee.

 

52.5      This award shall not apply to employees on footwear repair work, except where such repair work involves the repair of a factory fault and such repair is being made in the factory where the footwear was manufactured, or except where half soles, tip fillers or top pieces are being cut for repair work than that performed in the shop or factory where such work is cut.

 

52.6      This award shall not apply to employees on bespoke boot making, except where such work is only incidental to the employer's main business of manufacturing footwear by machine or mass production methods.

 

52.7      It is the intention of the parties to this award to achieve the principal object in section 3(f) of the Industrial Relations Act 1996 by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

 

52.8      In particular, the parties to this award shall ensure equal remuneration for men and women doing work of equal or comparable value.

 

Accordingly, in fulfilling their obligations under the disputes settlement procedure, the parties to whom this award applies must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

Nothing in this clause is to be taken to affect:

 

(1)        any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth or State anti discrimination legislation;

 

(2)        an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Anti-Discrimination Board;

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

The following rates of pay are payable from the beginning of the first pay period to commence on or after 7 September 2007.

 

Adult Rates of Pay - Clause 8

 

 

* The weekly award wage rate for ordinary hours combines the base rate, supplementary payment and arbitrated safety net adjustments and State Wage Case decisions awarded since May 1991 Review of Wage Fixing Principles.

 

# Wage Band

 

Junior Rates of Pay - Clause 15

 

	Percentage of	Minimum Weekly
	Skill Level 1	Award Rate
	Skill Level 1 = $541.10	$
	%
Under 16 years of age	44%	238.10
16 years and under 17 years	55%	297.60
17 years and under 18 years	66%	357.15
18 years and under 19 years	77%	416.65
19 years and under 20 years	86%	465.35
20 years and under 21 years	94%	508.65
At 21 years of age	Appropriate Adult Rate

 

Apprentice Rates of Pay - 4 Year Term - Clause 12

 

Experience	% of Skill Level 3	Minimum Weekly
Four Year Term	(Skill Level 3 = $584.50	Award Rate
		$
1st year
1st six months	47%	274.70
2nd six months	55%	321.50
2nd year
1st six months	60%	350.70
2nd six months	65%	379.95
3rd year
1st six months	75%	438.40
2nd six months	80%	467.60
4th year
1st six months	90%	526.05
2nd six months	95%	555.30

 

Apprentice Rates of Pay - 3 Year Term - Clause 12

 

Experience	% of Skill Level 3	Minimum Weekly
Four Year Term	(Skill Level 3 = $584.50	Award Rate
		$
1st year
1st six months	60%	350.70
2nd six months	65%	379.95
2nd year
1st six months	75%	438.40
2nd six months	80%	467.60
3rd year
1st six months	90%	526.05
2nd six months	95%	555.30

 

Table 2 - Other Rates and Allowances

 

The allowances in this table shall be payable from the beginning of the first pay period to commence on or after 7 September 2007.

 

Item No.	Clause No.	Brief Description	Amount
			$
1	10	Leading Hands -
		3 to 10	23.15 per week
2		11 to 20	35.45 per week
3		21 or more	44.55 per week
4	24.4	Meal Allowance	9.00
5	26.6.2	Change of shift without 2 days’ notice	17.10
6	43.1	First-aid Attendants -
		1 - 50 employees	10.50
		51 employees or more	13.20

 

APPENDIX A

 

The following concessions are binding on employers bound by the above award:

 

1.  Tradesman's Rate

 

No footwear tradesman shall be downgraded within a period of 12 months prior to taking the long service leave or 12 months prior to payment for pro rata long service leave upon termination by the employer other than for serious or wilful misconduct.

 

This does not prevent mutual agreement being reached between the employer and the employee to the contrary.

 

2.  Annual Leave - Time Workers - 17½% Loading on Termination

 

Notwithstanding the provisions of subclause (j) of clause 29, Annual Leave, a time worker who is in the second or subsequent year of service shall be paid the annual leave loading of 17½% on the award rate of pay on termination of employment except:

 

when the services of an employee are terminated by the employer for misconduct; or

 

when an employee unlawfully terminates his employment.

 

An employee shall be deemed to commence the second year of service with the employer when the plant is reopened after the annual closedown, provided that such employee was in that employment before the closedown.

 

3.  Overaward Payments

 

Overaward payments (excluding piece work bonus or task rates or any like system of production incentive or payment by results, attendance money annual bonus), shall be paid for sick leave, overtime, public holidays, compassionate leave and jury service.

 

53.  Schedule A - Consultative Committee

 

Subject to the provisions of the Industrial Relations Act 1996:

 

53.1      Composition -

 

53.1.1   A Consultative Committee shall include:

 

(i)         at least 50% union/employee representatives; and

 

(ii)        at least one senior management representative.

 

53.1.2   Management and the union and employees will jointly determine the size of the Committee, except that there will be no fewer than four members. The maximum number of representatives on any Committee will be ten.

 

53.1.3   The election/appointment of management representatives will be determined by management and the election of union/employee representatives will be determined by the union. Where there is a union delegate they must be a union/employee representative.

 

53.1.4   In the determination of union/employee representatives on the Committee, consideration shall be given to:

 

(i)         the makeup of the workforce - in particular the proportion of women, migrants and juniors;

 

(ii)        the size of the workforce;

 

(iii)       the number of distinct operations at the workplace;

 

(iv)      shift arrangements;

 

(v)       the corporate structure;

 

(vi)      other existing consultative mechanisms.

 

53.1.5   Where an enterprise is comprised of a number of sites or distinct workplaces, the number of Committees to be established shall be determined jointly by management and the union, depending on the size and operations of the enterprise and its separate components. Should more than one Committee be established, a peak Committee shall be established to ensure a co-ordinated approach.

 

53.1.6   The Committee, once established, may invite persons to attend specific meetings.

 

53.1.7   An official of the union shall have a right to be present and participate in the deliberations of the Committee.

 

53.2      Term of Office -

 

53.2.1   Members elected or appointed to the Committee shall hold office for a period of twelve months, and will be required to be re-elected or re-appointed each subsequent year. It is the responsibility of each Committee member to attend meetings on a regular basis and to represent the views and opinions of those people he or she represents.

 

53.2.2   If a member of the Committee ceases employment with the enterprise, or resigns from the Committee, a new election or appointment shall be made in accordance with clause 531.3 of this Schedule.

 

53.3      Terms of Reference - The following matters shall form the basis for the work of the committees. Each committee will seek to reach agreement on the matters set out below and make recommendations to senior management who will take into account the views and the deliberations of the Committee prior to making its final decisions:

 

53.3.1   To implement the restructured award in the workplace.

 

53.3.2   To review the implications and/or impact on the enterprise of major external influences, including the Australian Government textile, clothing and footwear industrial development plan.

 

53.3.3   To consider the introduction of new or revised work methods/work arrangements.

 

53.3.4   To give consideration to the impact of technological change and other significant changes in the organisation or workplace, with regard to:

 

(i)         the number of employees, job specifications and current skill base; and

 

(ii)        the acquisition of new skills and additional training requirements.

 

53.3.5   To develop a framework for skills development and provision of training within their workplaces, including English language training and the provision of Foundation Education.

 

53.3.6   To assess proposed changes in product or product orientation for possible impacts on work method/work arrangements, employment and skill requirements.

 

53.3.7   To give consideration to equal employment opportunity principles in the context of award restructuring in the workplace.

 

53.3.8   To consider the provision of work-related childcare and, in particular, the Australian Government Work Based Child Care Program.

 

53.3.9   To consider other matters raised by Consultative Committee members which impact on employees or which contribute to the improved operation and efficiency of the enterprise.

 

53.4      Procedural Guidelines -

 

53.4.1   Chairperson - A Chairperson shall be elected by the Committee from within the Committee and shall alternate each meeting between management and union/employee representatives.

 

53.4.2   Secretary - A Secretary shall be appointed for the purposes of recording minutes, preparation and distribution of agenda and other administrative duties. The administrative requirements of the position shall be provided by the employer. The person appointed to this position shall not be a member of the Committee.

 

53.4.3   Agenda - All members of the Committee shall have a right and a responsibility to submit agenda items. The agenda, minutes and any relevant background documentation shall be circulated one week prior to the meetings.

 

53.4.4   Preparation - Reasonable time in working hours shall be provided to union/employee representatives for the purpose of preparing for the meeting. Union/employee representatives and an official of the union may, at a time convenient to the employer, during working hours, hold meetings with the workforce or part of the workforce prior to meetings of the Committee.

 

53.4.5   Meetings - The Committee shall meet at least every two months, unless the Committee determines that it shall meet on a more frequent basis.

 

The meetings of the Committee shall be held at a place and time convenient to management, but shall be held during normal working hours. Attendance at Committee meetings shall be treated as and paid for as time worked.

 

A reasonable time limit shall be placed on the length of meetings. Enough time shall be provided to adequately deal with the agenda items. Meetings shall operate on a consensus basis.

 

53.4.6   Minutes - The Secretary shall minute the proceedings of each meeting of the Committee. The minutes shall be circulated to each member of the Committee within one week of the meeting, verified by Committee members prior to the next meeting, and signed by the Chairperson at the next meeting of the Committee as a true and correct record of the proceedings of the Committee.

 

53.4.7   Future Meetings - The date of the next meeting of the Committee shall be set at the close of the previous meeting.

 

53.4.8   Confidentiality - All members of the Consultative Committee and the Secretary of the Committee shall accept that, whilst the spirit of genuine consultation is to be paramount, at no time shall the Committee have placed before it any matter, the confidentiality of which is in the company's best interests, or where confidentiality has been specifically agreed upon with a third party.

 

53.4.9   Management Response - Senior management must formally respond to the Committee's recommendations. Normally this will take place prior to the next meeting of the Committee.

 

53.5      Feedback -

 

53.5.1   The minutes of the meetings of the Committee shall be kept by the Secretary and shall be available upon request to any employee or any other person approved by the Committee. As a matter of course, minutes shall be forwarded to the State Secretary of the union.

 

53.5.2   Minutes of the Committee shall be posted on the notice boards after ratification by the meeting.

 

53.5.3   Reasonable time in working hours shall be provided to union/employee representatives for the purpose of reporting back on items raised and agreements reached at the meeting. Union/employee representatives may, at a time convenient to the employer during working hours, hold meetings with the workforce or part of the workforce following meetings of the Committee.

 

53.6      Training - All members of the Committee shall be entitled to training in meetings procedures and relevant related skills required to ensure that they are in a position to represent their constituents and play an active role in the operation of the Committee. The nature, time and extent of training provided shall be determined between management and the union.

 

53.7      Evaluation - A review of these procedures shall be conducted at the end of each twelve months operation.

 

SCHEDULE B

 

54.  Procedures to Be Adopted in Developing an Enterprise Agreement

 

The procedures to be followed in developing an enterprise agreement are as follows:

 

(a)        Step One - The party raising a measure or measures for consideration shall place the matter on the agenda of a forthcoming meeting of the Consultative Committee.

 

(b)        Step Two - The party raising the measure or measures for consideration shall outline the proposal at a meeting of the Consultative Committee and the outline shall be recorded in the minutes of the meeting. The party receiving the proposal shall not be required to respond to the proposal at that meeting.

 

At the same time, a written outline of the proposal shall be forwarded to the State Secretary of the union.

 

(c)        Step Three - The Consultative Committee shall post the proposal on the notice boards. They shall endeavour to express the proposal in a manner that enables the proposal to be understood by the workforce. In particular, where there are a number of non-English speaking workers, the Consultative Committee shall consider having the proposal translated into the main languages spoken in the workplace so that all employees fully understand the proposal.

 

(d)        Step Four - The union/employee Consultative Committee representatives shall be granted one day's leave with pay to attend a trade union training course conducted by the union to equip them to negotiate each enterprise agreement with the employer. Where an employee has used their full entitlement to trade union training leave in accordance with clause 29, Trade Union Training Leave, the one day's leave shall be in addition to their entitlement.

 

(e)        Step Five - The union/employee Consultative Committee representatives and the relevant official of the union shall consult with the whole of the workforce and the section of the workforce affected by the proposal. An employer shall grant the whole of the workforce reasonable time off with pay to attend a meeting conducted by the union/employee representatives and the relevant official of the union for the purpose of consultation. In the case of a workplace where there are a number of non-English speaking workers, the employer shall favourably consider a request from the union/employee consultative committee representatives or the relevant official of the union for the engagement of interpreter(s) to assist in the meeting so that non-English speaking workers fully understand the proposal. In such case, reasonable time to conduct the meeting will be longer than in the case where an interpreter(s) is not used.

 

(f)         Step Six - The Consultative Committee shall then consider the proposal and the views of the workforce and attempt to reach an enterprise agreement. As necessary, the employee/union Consultative Committee representatives will refer the proposal to the workforce for comment.

 

(g)        Step Seven - If the Consultative Committee reaches agreement it shall record the agreement in writing and forward it to the State Secretary of the union, who shall arrange with the employer to jointly conduct a vote of the workforce affected.

 

(h)        Step Eight - In the case of a proposal which does not affect the provisions of the award, if a majority of the workforce affected are in favour of the proposal, the proposal shall be forwarded as a recommendation to senior management.

 

(i)         Step Nine - If the recommendation is accepted, then senior management shall refer the proposed agreement in writing to the State Secretary of the union for approval or otherwise. The union shall not unreasonably withhold agreement.

 

(j)         Step Ten - If the proposed agreement in writing is approved by the State Secretary of the union it shall be signed by senior management and the State Secretary of the union.

 

(k)        Step Eleven - The agreement shall then be submitted to the Industrial Relations Commission for approval.

 

SCHEDULE C

 

55.  Form of Indenture of Apprenticeship

 

This indenture, made the ............... day of ................. 20 between .......... (hereinafter called the employer") of the first part and ........... of ............... (hereinafter called the "apprentice") of the second part and .....................  the apprentice (hereinafter called the .................. of the third part.

 

Now this indenture witnesseth:

 

1.          This apprentice, of his own free will and with the consent of the hereby binds himself to serve his employer as his apprentice as hereinafter mentioned for the term of years, from

 

2.          The employer covenants with the and the apprentice, and with each of them separately:

 

(a)        That he will accept the apprentice as his apprentice for the said term of    years, and during the term will instruct the apprentice or cause him to be instructed, in the functions or process of and will furnish the apprentice with all materials and facilities necessary to enable him to learn such functions or process as aforesaid.

 

(b)        That he will pay to the apprentice weekly during the said term the rates of wage for the time being prescribed by this award of the Industrial Relations Commission of New South Wales.

 

3.          The apprentice and covenant with the employer:

 

(a)        That the apprentice shall truly and faithfully during the term, serve the employer as his apprentice aforesaid and shall diligently attend to the business and at all times willingly obey the lawful commands of the employer, and shall not absent himself from the employer’s service without leave of the employer, or in accordance with the law.

 

(b)        That in the case the apprentice be at any time during the term wilfully disobedient to the commands of the employer, or be habitually slothful or negligent or otherwise grossly misbehaves himself towards the employer, the employer may, subject to the approval of the appropriate State Authority, determine this indenture and discharge the apprentice from his service.

 

(c)        That the employer may deduct from time to time from the wages to be paid to the apprentice such sums as may be reasonable for any loss of time occasioned by the absence of the apprentice from his employment through any cause, including rationing or suspension approved by the appropriate State Authority, but not including the acts, defaults or commands of the employer or any statutory enactment.

 

(d)        That any question or difference arising between the employer and the apprentice relating to this indenture or anything contained herein or the construction or operation hereof or any rights, duties or liabilities of the employer or the apprentice hereunder, shall be determined by the said State Authority.

 

(e)        That this indenture may, subject to the approval of and upon notice in writing to the said State Authority, be cancelled by mutual consent.

 

(f)         That this indenture shall not be assigned, except with the approval of the said State Authority.

 

(g)        That this indenture shall be handed over to the said apprentice on the completion of his terms of service herein, with a certificate of the apprentice’s service endorsed thereon.

 

And for the true performance of all and every of the said covenants and agreements, each of the said parties bindeth himself to the other by these presents.

 

Signed, sealed and delivered by the said

 

Employer ..........................  Witness

 

Apprentice .......................  Witness

 

Parent or Guardian ...................  Witness

 

CERTIFICATE OF AGE

 

I ..................... (parent’s or guardian’s name in full), do hereby solemnly declare and affirm that the within named apprentice was born on the day of ...........20, and I (apprentice’s name), do likewise declare and affirm that I have been informed and verily believe that I was born on such day as aforesaid. Taken and declared at in the State of on this ......... day of .......... 20

 

Before me: .............. A Justice of the Peace.

 

ASSIGNMENT OF THE WITHIN INDENTURE

 

The within named employer ..................... doth hereby with the consent of assign the within indenture, and the services there under of the within named apprentice of ................. and his executors; and the said unto doth hereby declare his acceptance of such apprentice and acknowledges himself and his executors and administrators to be bound by the covenants on the part of the employer of such apprentice, to be done and performed as fully as if he himself had entered into the same as a party under that indenture.

 

In witness whereof the parties hereto have set their hands and seals this ..................... day of ..............20

 

Signed, sealed and delivered by the said Employer.

 

.................... (Seal)

 

of their executors or administrators.

 

(Consenting party or parties)

 

..................... (Seal)

 

in the presence of:

 

56.  Schedule "D" - Broad Banding Arrangement - Historical information only

 

No.	Classification		Wage Band No.
	Pattern Cutting Section -
1.	Pattern cutter		6
2.	Pattern Grader -	by hand-	5
		by machine	4B
3.	Pattern Maker		2
4.	All others		2
	Clicking Section -
5.	Clicking, outsides leather		4B
6.	Clicking, outsides other than leather		3
7.	Clicking felt, linings, fabrics, roans, splits		3
8.	All others		2
	Stuffcutting Section -
9.	Cutting leather outsoles		4B
10.	Cutting leather insoles and top pieces, channelling, ranging by hand		4B
11.	Cutting outsoles, insoles and top pieces other than leather		3
12.	Skiving leather, heel building, heel breasting, lift cutting		3
13.	Bottom unit - scouring attached heel and sole		3
14.	Cutting stiffeners and toes - leather		3
	Other than leather		2
15.	Heel breasting - automatic		2
16.	Automatic cutting press		2
17.	Pre-inking - automatic		2
18.	Pre-trimming - automatic		2
19.	Rounder - planet or similar		2
20.	Sole evening and grading		2
21.	Splitting machines		2
22.	Sole roughing - automatic		2
23.	Sole buffing - automatic		2
24.	Automatic feeding device		2
25.	Feeding soles or components into any automatic machine		2
26.	Wurt heel splitting		2
27.	Heel lift stacking		2
28.	Bottom unit - heel attaching		2
29.	Sole length gauging		2
30.	Cementing		1A
31.	All others		1A
	Bottom Unit Assembly Section -
32.	Scouring attached heel and sole		3
33.	Skiving (leather)		3
34.	Skiving (other than leather)		2
35.	Pre-trimming - including bevelling unishanks or insoles		2
36.	Pre-inking		2
37.	Splitting		2
38.	Attaching heels to soles		2
39.	Sole length gauging		2
40.	All others		1A
	Making Section -
41.	Making right through by hand		4B
42.	Pulling over by hand or machine other than automatic		4B
43.	Lasting; hand or machine other than automatic		4B
44.	First and second lasting of pumps		4B
45.	Sewing and stitching		4B
46.	Operating Goodyear rough rounding machine		4B
47.	Operating upper roughing machine		4B
48.	Inseam trimming		4B
49.	Operating stitch separator		4B
50.	Heeling, hand or machine		4B
51.	Pulling up sides, seats or backs - hand or machine		4B
52.	Operating cement press		4B
53.	Pounding		4B
54.	Lizary, Monash, lacing or plaiting of basket shoes		4B
55.	Blocking, steaming and drying of slippers		4A
56.	Ironing on the last		4A
57.	Pegging, hand or machine		4A
58.	Hungarian nailing by hand or machine, Cutlan nailing, slugging soles		4A
59.	Sole laying		4A
60.	Operating screwer		4A
61.	Automatic toe and seat lasting all descriptions		3
62.	Pulling and forepart lasting		3
63.	Slugging heels		3
64.	Rivetting, hand or machine		3
65.	Automatic feeding device		2
66.	Cutting straps to length, hand or machine		2
67.	Operating strap or lace cutting machine		2
68.	Levelling, hand or machine		2
69.	Drilling for temporary screw		2
70.	Operating loose nailer, with or without trimming attachments		2
71.	Feathering, including welt waists		2
72.	Turning (slippers)		2
73.	Laying linings and shanking		2
74.	Pulling on - all classes		2
75.	Opening and closing - channels		2
76.	Operating buzzer		2
77.	Tingling or trimming, hand or machine		2
78.	Putting on heel or toe plates		2
79.	Heel seat beating		2
80.	Operating injection moulding machine		2
81.	Operating vulcanising presses		1B
82.	Sorting lasts		1A
83.	Putting in filling, shanks, stiffeners and toes		1A
84.	Slipping off		1A
85.	Pulling out tacks and nails		1A
86.	Solutioning and cementing, hand or machine		1A
87.	Putting on studs and bars		1A
88.	Toe puff conditioning		1A
89.	Trimming wurt leaf by machine		1A
90.	Cutting thread ends after stitching		1A
91.	All others		1A
	Finishing Section -
92.	Finishing right through by hand		4B
93.	Edge trimming		4B
94.	Operating heel trimmer, edge setter or heel scourer		4B
95.	Operating Naumkaeg and/or sandpapering machine		3
96.	Heel breasting		3
97.	All others		1A
	Upper Closing and Cleaning Sections -
98.	Multi-purpose Machinist as defined in clause		5A,
	Definitions		3
99.	Machinist - where performed on a power machine skiving,		2
	eyeletting, hooking, beading, binding, folding, edging, perforating,
	gimping, swain press operation, band knife splitting
100.	All sewing machine operations, except lining machine and seaming		2
101.	Hot melt toe printing machine operators hand beading or folding of		2
	perimeter edges of the component pieces of the upper including
	straps, but excluding linings, backing pieces and bows
102.	Lining machinists and seamers		1B
103.	Applying toe puffs and toe puff preparations prior to completion of		1A
	machine room operations, but excluding mix melt toe printing
	machine operators
104.	All others, including sorting, inspecting or packing		1A

 

Historically for each worker the minimum skill level of the worker was determined by comparing their wage band with the minimum skill level table appearing below. For example, a worker in wage band 2 will have a minimum skill level of skill level 2.

 

Minimum skill table

 

 

57.  Schedule "E" - Outdoor Work Agreements

 

Industrial Relations Act 1996

 

Before the Footwear Manufacturers (State) Industrial Committee

 

(IRC No._____________ )

 

In the matter of -

 

The Transport Workers’ Union of New South Wales Claimant

 

and

 

______________________________________________________ Employer

 

Approval for Outdoor Work

 

Whereas .....................................  of ...................................................................

 

an employer bound by the abovementioned award has applied to me for permission to employ outdoor employees and I  ............................................................of  ................................................................

 

Industrial Registrar or Deputy Industrial Registrar under the Industrial Relations Act 1996 having considered the application lodged by the said  ...............................

 

do hereby issue this permit to the said  ............................... permitting it to employ as an outdoor employee the person whose name is set out hereunder, subject to the following terms and conditions:

 

This permit shall apply to the following employee, namely .................. who shall not permit work given under this permit to be performed by any other person.

 

The said employee is unable to work in the employer's factory by reason of  ........................................................

 

The employee to whom this permit applies shall be employed by the employer only upon the work of and shall be supplied with materials sufficient for approximately 38 hours of work in each pay week.

 

The said employee shall be paid not less than rates proportionate to the time work rates prescribed in the award for the class of work performed.

 

The said employee shall be entitled to the holidays prescribed by clause 28 Holidays, and to be paid therefor at a rate equivalent to the average amount earned per ordinary working day by the employee concerned during the week in which the holiday or holidays occur, with a maximum payment for any one holiday equivalent to one-fifth of the ordinary-time work rate prescribed in the award for the class of work performed.

 

Upon completion of twelve months continuous service as an outdoor employee for the said employer, the said employee shall be allowed a period of twenty-eight consecutive days leave annually which shall be paid for at a rate equivalent to the average amount earned per week by the employee concerned during the twelve months immediately preceding the date upon which the leave becomes due. Subject to the foregoing, the provisions of clause 29, Annual Leave, shall, so far as applicable, apply to the said employee.

 

The work to be done pursuant to this permit shall not be performed elsewhere than in the permittee's own dwelling place.

 

The employer shall keep a record of the work performed by the said employee and the wages paid, such record to be correctly entered up in ink not less than once in each week. Where the said record is kept other than in the time and wages book or record specified in clause 39, Time and Wages Book, then the said time and wages book or record shall contain an entry showing the employee's name, address, occupation and the fact that the said employee is an outdoor worker.

 

The said record shall be open for inspection by the Secretary of the union or his nominee as if the said record were a time book within the meaning of the said clause 38.

 

This permit shall be revocable on two days' notice by either the employer or the employee or on behalf of the said branch for causes shown.

 

This permit shall remain in force until ........................ but the terms thereof may be extended on the application of the employer.

 

Dated this ....................... day of  .....................19 .................................

 

Industrial Registrar

 

Footwear Manufactures (State) Industrial Committee

 

Industries and Callings

 

All persons engaged in wholly or partly designing or cutting patterns for boots, shoes, sandals or slippers from metal or any other material and/or wholly or partly manufacturing boots, shoes, sandals and slippers of every description, and cutting or preparing half soles, tip fillers or top pieces when such half soles, tip fillers or top pieces are cut or prepared for repair work in the State, excluding the County of Yancowinna;

 

Excepting -

 

Employees engaged in the making of boots to special order (bespoke bootmaking) and repairers;

 

Employees engaged in the manufacture of footwear containing rubber which requires vulcanization;

 

Employees engaged in the making of articles (other than patterns) or material used in the manufacture of boots, shoes, sandals or slippers.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.