Security Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 289520 of 2018)

 

 

REVIEWED AWARD

 

PART A

 

1.  Award Title

 

This award is the Security Industry (State) Award.

 

2.  Arrangement

 

This award is arranged as follows:

 

PART A

 

Clause No.       Subject Matter

 

1.         Award Title

2.         Arrangement

3.         Relationship with Other Awards

4.         Where and to Whom the Award Applies

5.         Date the Award Starts

6.         Transitional Arrangements

7.         Definitions

8.         Types of Employment

8A.      Secure Employment Provisions

9.         Termination of Employment

10.      Employer and Employee Duties

11.      Wages

12.      Allowances

13.      Anti-Discrimination

14.      Procedure to Avoid Industrial Disputation

15.      Mixed Functions

16.      Payment of Wages

17.      Ordinary Time Hours of Work

18.      Broken Ordinary Time Shifts

19.      Paid Rostered Days Off Duty

20.      Rosters and Transfer of Employees

21.      Span Loadings - Ordinary Time Work

22.      Overtime

23.      Call Back

24.      Public Holidays

25.      Annual Leave

26.      Long Service Leave

27.      Personal Leave

28.      Parental Leave

29.      Jury Service

30.      Attendance at Repatriation Centres

31.      Introduction of Change

32.      Redundancy

33.      Enterprise Flexibility Provisions

34.      Deduction of Union Dues

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay Per 38 Hour Week

Table 2 - Other Rates And Allowances

 

APPENDIX A

Ordinary Time Hours Of Work - Specified Site Or Sites

 

APPENDIX B

Overtime Agreement

 

APPENDIX C

Ordinary Time Hours Of Work - Specified Company/Employer

 

APPENDIX D

National Training Wage Provisions

 

3.  Relationship with Other Awards

 

This Award shall supersede all previous Awards or orders relating to the employment within its scope of all employees whether or not members of United Voice, but no right, obligation or liability accrued or incurred under any such previous Award or order shall be affected hereby.

 

4.  Where and to Whom the Award Applies

 

4.1      This award shall apply in New South Wales only. This award shall apply to the employment of employees, being members or not of United Voice, in respect of the employment by an employer of gatekeepers and all persons, employed in or in connection with the industry or industries of security or watching including persons employed in control rooms to monitor, respond to or act upon alarm systems excepting persons employed as typists, stenographers, bookkeepers, switchboard operators or engaged in any clerical capacity whatsoever, and also excepting security officers employed in or in connection with a retail shop provided those security officers are directly employed by the retail shop; and also excluding the County of Yancowinna within the jurisdiction of the Security and Cleaning, &c. (State) Conciliation Committee; "and Excepting employees covered by the Zoological Parks Board of New South Wales Wages Employees' Award, 2006"

 

4.2      For the purpose of this clause, the jurisdiction of the Security and Cleaning, &c. (State) Conciliation Committee is as follows:

 

Section 1

 

Caretakers and cleaners employed in or in connection with anyplace of business, in schools of arts, literary institutes, lodge rooms (including buildings used for lodge meetings), museums, schools and caretakers and cleaners (as distinguished from groundsmen) in sports grounds, also caretakers and cleaners employed solely in connection with churches, caretakers and cleaners employed in the Botanic Gardens in the Sydney Domain, caretakers of racecourses, agricultural grounds and recreation grounds, and cleaners employed in cleaning buildings other than grand and public stands, stables and animal pavilions on racecourses, agricultural grounds and recreation grounds, cleaners in shops, office cleaners and caretakers, lift attendants, security guards, gatekeepers, caretakers and cleaners employed in and about Strata Title units and Company Title units and tea attendants excepting canteen workers, persons within the present constitution rule of The Health and Research Employees' Association of New South Wales and persons within the steel industry in the State, excluding the County of Yancowinna;

 

Section 2

 

All persons employed in or in connection with the industry or industries of security or watching (in either case other than employees employed in a shop by the operator thereof during ordinary trading hours in areas intended for public access) and excepting also persons employed as typists, stenographers, bookkeepers, switchboard operators or engaged in any clerical capacity whatsoever, but not excluding persons employed in control rooms to monitor, respond to or act upon alarm systems.

 

Excepting

 

Lift attendants in hotels, clubs, boarding houses, restaurants, tea shops and oyster shops and in flats and residential chambers and establishments; Employees within the jurisdiction of the Milk Treatment, &c., and Distribution (State) Conciliation Committee, the Breweries, &c. (State) Conciliation Committee and the Cement Workers, &c. (State) Conciliation Committee; And excepting employees of - State Rail Authority of New South Wales; Urban Transit Authority of New South Wales; The Commissioner for Motor Transport; The Water Board; The Hunter District Water Board; South Maitland Railways Pty. Limited; The Electrolytic Refining and Smelting Company of Australia Proprietary Limited, Metal Manufactures Limited, Australian Fertilisers Limited and Austral Standard Cables Proprietary Limited, at Port Kembla, including employees employed by Australian Fertilisers Limited on the bone-crushing and fertiliser-mixing and bagging plant at Granville; and in connection with the manufacture of acids, chemicals and fertilisers at Villawood; Blue Circle Southern Cement Limited; The Kandos Cement Company Limited; The Council of the City of Sydney and of shire and municipal councils; The Council of the City of Newcastle; The Sydney County Council; The Broken Hill Proprietary Company Limited at Newcastle; Australian Wire Industries Pty. Ltd. at its Sydney Wiremill; Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Conciliation Committee and the Quarries (Australian Iron and Steel Pty Limited) Conciliation Committee; Australian Wire Industries Pty. Ltd. at its Newcastle Wiremill; The Australian Gas Light Company; The North Shore Gas Company Limited; Prospect Electricity; Electricity Commission of New South Wales; And excepting employees in or about coal mines north of Sydney, in or about coal mines in the South Coast District; And Excepting - Employees in or about metalliferous and limestone mines or in connection with mining for minerals other than coal or shale, in or about diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore smelting, refining treatment and reduction works; All persons employed in or in connection with hospitals, mental hospitals, public charitable institutions or ambulance work; Persons employed in or by The United Dental Hospital of Sydney; Cleaners employed on the national ferries; Security guards employed by the Maritime Services Board of New South Wales on tugs, dredges, launches and motor boats and lighters; Gatekeepers under the control of the Department of Agriculture employed in tick quarantine areas of the State; And excepting employees within the jurisdiction of the following Conciliation Committees:

 

Race Clubs, &c., Employees (State);

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

 

Cleaning Contractors' (State);

 

Tubemakers of Australia Limited, Newcastle;

 

Showground, &c., Employees (State);

 

Security Officers (Waterfront);

 

Sugar Workers (CSR Limited, Pyrmont);

 

County Councils (Electricity Undertakings) Employees;

 

Shortland County Council;

 

John Lysaght (Australia) Limited Newcastle;

 

John Lysaght (Australia) Limited Unanderra;

 

Australia Wire Industries Pty Ltd - Newcastle Ropery;

 

Tubemakers of Australia Limited, Yennora;

 

Club Employees (State);

 

University Employees, &c. (State);

 

Smelting and Fertiliser Manufacturing (Sulphide Corporation Pty

 

Limited and Greenleaf Fertilisers Limited);

 

Shoalhaven Scheme.

 

5.  Date the Award Starts

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Security Industry (State) Award published 27 November 2015 (378 I.G. 168), as varied.

 

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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 4 December 201.

 

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

 

6.  Transitional Arrangements

 

6.1      No permanent employee employed as at 27 August 1990 shall suffer a reduction in his or her current entitlement to sick leave (i.e. a maximum of 90 hours per year) as a result of the introduction of this Award.

 

6.2      No existing permanent employee employed as at 18 September 1998 shall be required to work broken shifts without the agreement of the employee concerned.

 

7.  Definitions

 

7.1      Classification Structure

 

7.1.1   Security Officer Grade 1 means a person employed in one or more of the following capacities:

 

(a)       to watch, guard or protect persons and/or premises and/or property,

 

(b)       to respond to basic fire/security alarms at their designated site/post,

 

(c)       as an employee stationed at an entrance and/or exit whose principal duties include the control of movement of persons, vehicles, goods and/or property coming out of or going into and/or moving within premises or property, including vehicles carrying goods of any description to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document and/or gate pass and who also may have other duties to perform and including an area or door attendant or commissionaire in a commercial building;

 

(d)       to carry out crowd control duties;

 

(e)       a Security Officer Grade 1 may use electronic equipment such as hand held scanners or simple closed circuit television systems and may be required to utilise basic keyboard skills in the performance of their duties and may also provide escort for a person or persons carrying cash provided it is incidental to other Grade 1 duties, and may perform incidental duties which need not be of a security nature.

 

7.1.2   Security Officer Grade 2 means either:

 

(a)       an employee who is performing the duties of securing, watching, guarding and/or protecting, or cash collection and/or delivering as a part of their duties, as directed, including responses to alarm signals and attendances at and minor non-technical servicing of automatic teller machines, and is required to patrol in a vehicle two or more separate establishments or sites;

 

(b)       an employee who monitors and acts upon electronic intrusion detection or access control equipment terminating in a visual display unit or computerised print -out and may be required to perform the duties of a Security Officer Grade 1; or

 

(c)       an employee who is required to monitor and act upon walk through electro-magnetic detectors; and/or monitor, interpret and act upon screen images using X-ray imaging equipment; or

 

(d)       where required by the employer, to control a dog used to assist the Security Officer to carry out the duties of watching, guarding or protecting persons and/or premises and/or property.

 

7.1.3   Security Officer Grade 3 means a person who in addition to performing the duties defined in Grade 2, monitors and acts upon intelligent building management systems terminating at a visual display unit or computerised printout that has the capacity for and requires data input from the security officer.

 

7.1.4   Security Officer Grade 4 means a person employed substantially in a security and/or data input and/or a monitoring function within a central station and principally occupied in one or more of the following duties:

 

(a)       Monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind; co-ordinating, checking or recording the activities of Security Officers Grade 1, 2 or 3; operating or monitoring any medium of verbal communication.

 

7.1.5   Security Officer Grade 5 - means a person who, whilst in charge of a shift of one or more Security Officers Grade 4, which may include leading hands, carries out coordinating duties in addition to the normal duties of a Security Officer Grade 4. A person in receipt of the rate applying to this classification is not entitled to a leading hand allowance as provided in this award.

 

7.2      Relieving Security Officer means a permanent employee who is engaged primarily for the purpose of relieving at short notice any other rostered security officer of the employer and for whom a display of roster is not required and for whom only 24 hours notice of change of shift must be given where practicable.

 

7.3      Seven Day Shift Worker means an employee who is regularly rostered by their employer to work ordinary hours on Saturdays and/or Sundays.

 

7.4      Five Day Shift Worker means a person engaged to work shifts of ordinary time hours between 2200 Sunday and 2400 Friday inclusive. Subject to Clause 23 - Call Back, a five day shift worker may be requested, but may not be compelled to work on public holidays prescribed by this award.

 

7.5      Permanent Employee means a full-time or part-time employee engaged on an ongoing basis and paid by the week or fortnight, as the case may be.

 

7.6      Full-Time Employee means a permanent employee engaged to work an average of 38 hours per week.

 

7.7      Part-Time Employee is defined in 8.3.

 

7.8      Broken-Shift Employee means a full-time or part-time employee who is engaged to work ordinary time shifts which may include an unpaid break period, in accordance with the provisions of Clause 18 - Broken Ordinary Time Shifts.

 

7.9      Casual Employee means an employee engaged and paid as such.

 

7.10    Time Periods

 

7.10.1             One Hour's pay means one thirty-eighth of the weekly ordinary time rate provided for the employee's classification under Table 1 of Part B.

 

7.10.2             Day means the period from midnight to midnight (0000 to 2400).

 

7.10.3             Week means the period between 0000 on a Monday and 2400 on the following Sunday.

 

7.10.4             Weekday means a 24 hour period commencing at 0000 and falling between 0000 on Monday and 2400 on Friday.

 

7.10.5             Ordinary Time Shift means the whole period between the commencement and cessation of a period of ordinary time work, including any paid crib break/s and, in the case of broken-shift employees, including the unpaid break between the first part of a broken-shift and the second part of that broken-shift.

 

7.10.6             Day Span means any part of an ordinary time shift which is worked during the period between 0600 and 1800 on any weekday between 0000 on Monday and 2400 on Friday (excluding any hours worked on a public holiday), whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.7             Night Span means any part of an ordinary time shift which is worked during the period before 0600 and/or the period after 1800, on any weekday between 0000 on Monday and 2400 on Friday (excluding any hours worked on a public holiday), whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.8             Saturday Span means any part of an ordinary time shift which is worked during the 24 hour period between 0000 and 2400 on a Saturday, whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.9             Sunday Span means any part of an ordinary time shift which is worked during the 24 hour period between 0000 and 2400 on a Sunday, whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.10           Weekend Span means any part of an ordinary time shift which is worked during the 48 hour period between 0000 on Saturday and 2400 on Sunday, whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.11           Public Holiday Span means any part of an ordinary time shift which is worked during the 24 hour period between 0000 at the start of a public holiday and 2400 at the end of that same public holiday, whether or not the ordinary time shift commences before or ends after the specified span period.

 

7.10.12           Permanent Night Work means any work performed during a night span (as defined) over the whole period of a roster cycle in which more than two thirds of the employee's total ordinary shifts include ordinary hours between 0000 and 0600, on any day of the week. However, in the case of a Relieving Security Officer (as defined in 7.2), the roster cycle for the purposes of this subclause means a complete pay period.

 

7.11    Union means United Voice.

 

7.12    Mixed Enterprise means an employer's enterprise carried on for the principal purpose of the production, treatment, distribution, or provision of articles, goods, merchandise, materials and services, and which enterprise employs categories of labour provided for by this award as an incidental or ancillary function of their business or enterprise.

 

7.13    Continuous Service

 

7.13.1 In calculating the twelve months' continuous service, the only absences counted as time worked are the following:

 

up to 152 ordinary working hours in a twelve month period because of sickness or accident;

 

long service leave that an employee takes under the relevant State long service leave legislation; and

 

annual leave.

 

7.13.2 Where a period of work is less than twelve months, the absences counted as time worked because of sickness or accident are calculated on a proportionate basis.

 

7.13.3 The following events do not break an employee's continuous service:

 

sick leave;

 

leave as the result of an accident;

 

leave lawfully granted by the employer; or

 

absence for a reasonable cause (the employee must prove that the leave was reasonable)

 

7.13.4 Where employees are temporarily stood down through no fault of their own, service is not to be considered to be broken.

 

7.13.5 Any other absence from work does not break continuity of service unless the employer notifies the employee within fourteen days of the employee returning to work after the absence. The employer must tell the employee in writing.

 

7.13.6 If an individual employee is absent, the employer must tell that employee by:

 

giving the notice to him or her personally; or

 

posting the notice to his or her last known address.

 

7.13.7 If a number of employees are absent because of collective action, the employer may tell them all by placing a notice in the place where the employer normally places general notices to employees. The employer must also send a copy of the notice to the Union on the same day.

 

7.13.8 It will also not break an employee's continuous service if the employer breaks or ends the employee's service in order to avoid the employer's obligations in respect of leave.

 

8.  Types of Employment

 

8.1      Employees under this award must be engaged either as permanent (full-time or part-time) employees, or as casual employees.

 

8.2      Probationary Period

 

Employees engaged as permanent employees without any previous service with the employer may be engaged for a probationary period of up to three months. The employer and employee may agree in writing to reduce or exclude altogether the probationary period.

 

8.3      Part-time Employees

 

8.3.1   "Part-time Employee" means a permanent employee who is employed to work regularly a minimum of 20 ordinary hours and less than 38 ordinary hours per week.

 

8.3.2   An employee engaged on a part-time basis shall be entitled to payments in respect to all leave and public holidays, on a proportionate basis subject to the relevant provisions of this Award.

 

8.3.3   An employee who does not meet the definition of a part-time employee and who is not a full-time employee must be paid as a casual employee in accordance with Clause 11.2.

 

8A.  Secure Employment Provisions

 

(a)       Objective of this Clause

 

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

 

(b)       Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)       Occupational Health and Safety

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(d)       Disputes Regarding the Application of this Clause

 

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

 

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

 

9.  Termination of Employment

 

9.1      Notice of Termination by Employer

 

9.1.1   In order to terminate the employment of a full-time or part-time employee the employer must give to the employee the period of notice specified in the table below:

 

Period of Continuous Service	Period of Notice
1 year or less	1 week
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 years of completed service	4 weeks

 

9.1.2   In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

 

9.1.3   Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked.  Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

 

9.1.4   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 will be used.

 

9.1.5   The period of notice in this clause does not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

 

9.1.6   Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time must once the traineeship is completed and provided that the trainees' services are retained have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship must be counted as service in determining any future termination.

 

9.1.7   Continuous service is defined in 7.13.

 

9.2      Notice of Termination by an Employee

 

9.2.1   The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

 

9.2.2   If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

9.3      Time Off During Notice Period

 

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

 

9.4      Extended Notice of Termination

 

9.4.1   Despite any other provisions of this clause, where on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which the employer is engaged, the employer terminates the employment of an employee who has been employed for the preceding twelve months, such employee must be given three months' notice of the termination of employment. If the employer fails to give such notice in full:

 

(a)       the employee must be paid at the rate specified in Clause 11 - Wages for the employee's ordinary classification for a period equal to the difference between three months and the period of the notice given, and

 

(b)       the period of notice required by this subclause to be given must be regarded as service with the employer for the purpose of the Long Service Leave Act 1955 (NSW), the Annual Holidays Act 1944 (NSW), or any Act amending or replacing either of those Acts.

 

9.4.2   Nothing in 9.4.1 affects the common law right of an employer in relation to summary dismissal of an employee.

 

9.5      Return of Equipment

 

On the termination of employment, an employee must return to the employer all uniforms, identity cards, vehicles, firearms, keys and all other items issued to employees. Where an employee fails to return any uniform, protective clothing or other items issued, the employer may deduct the monetary value of such uniform, clothing or other items from the employee's termination pay. Such deduction may only occur where prior authorisation in writing has been given by the said employee. Where the employer so requests an employee must sign such written authority upon engagement. Existing employees may be required to sign such an authority upon receipt of the next issue of uniform/clothing or other items.

 

10.  Employer and Employee Duties

 

10.1    Employees covered by this award may be required by the employer to perform all work within their skill and competence including work which is incidental or peripheral to their main tasks or function.

 

10.2    If an employee wilfully or negligently damages or loses uniforms, protective clothing or equipment issued by the employer, the employer may require the employee to reimburse the employer for such damage or loss.

 

11.  Wages

 

11.1    Permanent Employees

 

11.1.1 The minimum rate of pay for each classification is as set out in Table 1 of Part B.

 

11.1.2 The rates of pay in this award include the adjustments payable under the State Wage Case of 2018.  These adjustments may be offset against:

 

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

 

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

 

11.1.3 Licencing

 

All employees engaged under this Award are required to hold a relevant licence in accordance with the Security Industry Act 1997 (the "Act"). The rates of pay contained in Part B - Table 1 of this Award are inclusive of skills acquired in accordance with the provisions of the Act.

 

11.2    Casual Employees

 

11.2.1 A casual employee for working ordinary time must be paid one thirty-eighth of the award wage prescribed by this award for the class of work performed plus 15 per cent (calculated to the nearest whole cent).

 

11.2.2 In addition to the ordinary hourly rate prescribed at 11.2.1, span penalties and overtime penalties must be paid where appropriate.

 

11.2.3 In addition to the ordinary hourly rate prescribed in 11.2.1 a casual employee is entitled to be paid one-twelfth of the ordinary hourly rate as entitlement to pro-rata annual leave. This amount must be paid at the same time as prescribed for the payment of wages in Clause 16 - Payment of Wages. Provided that that time is no later than on a weekly or fortnightly basis (dependent upon the employers pay period).

 

11.3    Part-Time Employees

 

A part-time employee for working ordinary time must be paid per hour one thirty-eighth of the weekly rate prescribed by 11.1 for the classification in which the employee is engaged (calculated to the nearest whole cent), together with such span penalties and/or overtime penalties as may be applicable to the work performed.

 

12.  Allowances

 

12.1    Travelling Expenses

 

When an employee is sent by the employer to work away from an employer's recognised place of business the employer must pay all travelling time from such place of business to the job. If the employee is required to return the same day to the employer's place of business, the employer must pay travelling time to the place of business. An employee sent for duty to a place other than the regular place of duty or required by the employer to attend a court of inquiry in connection with employment must also be paid reasonable authorised expenses.

 

12.2    Uniforms

 

Where an employer requires as employee to wear a uniform, the employer must reimburse the employee for the cost of such uniform. This clause does not apply if the employer elects to provide the uniform at no cost to the employee. Employees will be required to provide their own black shoes.

 

12.3    Leading Hand Allowances

 

12.3.1 An employee other than a casual employee placed in charge of other employees must be paid, in addition to their ordinary wages, the rates as set out in Table 2 - Other Rates and Allowances, of Part B, plus an additional amount per week as set out in Table 2 for each employee exceeding twenty.

 

12.3.2 Where the employee concerned is a casual employee, the employee must be paid an amount for each shift worked equal to 1/5th of the amount as set out in Table 2.

 

12.4    Relieving Officers

 

Despite any other provision of this award, where a permanent employee and an employer are in agreement, the employee may be appointed a Relieving Officer by the employer and must be paid an additional amount per week as set out in Table 2 for each week of employment. This amount must not be in substitution for any span, weekend or public holiday penalties nor in substitution for any overtime payment.

 

12.5    First-Aid Allowance

 

12.5.1

 

(a)       An employee who is required to hold an industrial qualification as a first-aid attendant and who is appointed by the employer to carry out the duties of a first-aid attendant shall be paid and additional amount per week as set out in Table 2.

 

(b)       Where the employee is a casual employee, then such employee shall be paid an additional amount for each shift worked equal to 1/5th of the amount as set out in Table 2.

 

12.6    Gun Allowance

 

Where an employee is required by the employer to carry a firearm, the employee must be paid an additional amount per shift as set out in Table 2 with a maximum amount per week as set out in Table 2.

 

12.7    Locomotion

 

12.7.1 Where an employee is required by the employer to use a motor cycle or other motor vehicle, and it is not provided and maintained by the employer, the employer must reimburse the employee for each shift worked an amount as set out in Table 2, plus the cost of fuel used on the employer's business.

 

12.7.2 An employee providing a bicycle for use in the employer's business must be paid for each shift worked an amount as set out in Table 2.

 

12.8    Meal Allowance

 

12.8.1 An employee required to work in excess of one hour after completion of the employee's ordinary shift without being notified before the completion of the previous day or shift must be paid a meal allowance as set out in Table 2.

 

12.8.2 The employer must pay the employee a further meal allowance as set out in Table 2 on the completion of each additional four hours' overtime worked.

 

12.9    Fares Allowance

 

Where an employee is required by the employer to work a broken shift (as defined), the employee must be paid an additional amount for each such broken shift worked as set out in Table 2.

 

12.10  Overnight Expenses

 

Where a Security Officer is required, in the course of their work, to remain away from home overnight, they must be reimbursed by the employer for:

 

12.10.1           all reasonable expenses actually incurred for accommodation; and

 

12.10.2           an amount to cover the cost of dinner and breakfast as set out in Table 2.

 

12.10.3           The provisions of 12.10.2 do not apply if the employer supplies breakfast or dinner (as the case may be) at no cost to the employee.

 

12.11  Aviation Security Allowance

 

12.11.1           An employee who performs Aviation Security Shall be paid an aviation allowance as set out in Part B, Table 2 - Other Rates and Allowances.

 

12.11.2           For the purpose of this clause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and general security of persons, property and buildings at an airport within the scope of coverage of the Aviation Transport Security Act 2004 (Cth) and its Regulations.

 

12.11.3           Aviation Security does not include traffic control (including kerbside traffic management), car parking services, or any other function for which a valid security license is not required.

 

13.  Anti-Discrimination

 

13.1    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 or domestic status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

13.2    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.

 

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

 

13.4    Nothing in this clause is taken to affect

 

13.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation:

 

13.4.2 offering or providing junior rates of pay to persons under the age of 21 years:

 

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

 

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

 

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

 

14.  Procedure to Avoid Industrial Disputation

 

Subject to the provisions of the Industrial Relations Act 1996 grievances or disputes shall be dealt with in the following manner.

 

14.1    Step 1

 

The employee(s) is required to notify (in writing or otherwise) the employer as to the substance of the grievance, requesting a meeting with the employer for bilateral discussions and stating the remedy sought. This meeting shall take place within one working day, where possible, if not within two working days of the issue arising (weekends and holidays excepted).

 

14.2    Step 2

 

If agreement is not reached then the matter shall be referred by the employer to a higher authority (where this exists) no later than one working day after the period stated in subclause 14.1 (weekends and holidays excepted). At the conclusion of the discussion the employer must provide a response to the employee's grievance if the matter has not been resolved, including reasons (in writing or otherwise) for not implementing any proposed remedy.

 

14.3    Normal Work

 

While the foregoing procedure is being followed normal work shall continue.

 

14.4    Step 3

 

If the matter is still not settled within a reasonable period of time it may be referred/notified to the Industrial Relations Commission of New South Wales for settlement by either party.

 

14.5    Representation

 

The employer may be represented by an industrial organisation of employers and the employee(s) is(are) entitled to be represented by United Voice, an industrial organisation of employees, for the purposes of each step of the procedure.

 

15.  Mixed Functions

 

15.1    An employee engaged for at least two hours on any day or shift on duties carrying a higher rate than the employee's ordinary classification must be paid the higher rate for such day or shift.

 

15.2    However, where an employee is engaged for less than two hours on any one day or shift the employee must be paid the higher rate for the time so worked.

 

15.3    An employee who is required to perform work temporarily for which a lower rate is paid, must not suffer any reduction in wages whilst so employed. Work of less than one week's duration is temporary work.

 

16.  Payment of Wages

 

16.1    Pay Period

 

The employer must pay wages and other moneys to employees either weekly or fortnightly, depending on the employer's pay period. The time of payment must not be more than seventy-two hours from the time when such wages become due and must not be later than Thursday in the week. An employer may pay in cash or by cheque or electronic funds transfer; provided that payment other than in cash does not remove the obligation to pay as prescribed by this clause.

 

16.2    Pay Day

 

The employer must specify the day upon which wages will be paid, in accordance with 16.1, and any employee who is not paid on such day must be paid overtime rates for all time subsequently worked until payment is made. Where an employee is normally paid on the job or at the work site and the employee is rostered off duty on a day which coincides with pay day, then such employee must be paid no later than the working day immediately following pay day.

 

16.3    Payment of Casual Employees

 

An employer may pay wages to casual employees at the time and place specified for permanent employees, that is, on a weekly or fortnightly basis depending on the employer's pay period.

 

16.4    Errors in Payment

 

16.4.1 Should a pay be miscalculated or incorrectly shown on a pay slip, the right to claim waiting time will be waived provided that:

 

(a)       the employee has been paid the ordinary base rate of pay, and

 

(b)       any underpayment or error is corrected within 48 hours of notification by the employee to the pay office of the employer concerned.

 

16.4.2 Where such underpayment or error is not corrected within 48 hours then the employee is entitled to waiting time as provided for in 16.2.

 

16.4.3 In this subclause, "48 hours" means hours which fall Monday to Friday inclusive.

 

16.5    Averaging of Hours Worked Across Roster Cycles

 

An employee who works normal hours according to a roster under which the number of hours worked in any particular pay period during the roster cycle are more or less than the average number of hours worked during all pay periods covered by the roster must be paid according to a weekly average of ordinary hours worked over the whole period of the roster cycle.

 

16.6    Payment For Hours Actually Worked

 

In lieu of the averaging system prescribed in 16.5, an employer may, with the consent of the employee concerned, elect to pay that employee for the actual time worked in each pay period. However, once an employee has given consent to payment for hours worked, the employee cannot thereafter unilaterally withdraw that consent.

 

16.7    Time And Wages Records

 

16.7.1 Each employer shall keep a record or system from which can be readily ascertained the name and occupation of each employee, the hours worked each day (including the commencing and finishing time of each shift worked), and the wages and entitlements paid each pay period.

 

16.7.2 The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time of duty, but this does not apply to checking in or out when entering or leaving the employer's premises.

 

16.7.3 The time and wages record shall be open for inspection to a duly accredited union official in accordance with section 298 of the Industrial Relations Act 1996, during the usual office hours at the employer's office. Provided that an inspection shall not be demanded unless a branch official suspects that a breach of this Award has been committed.  Provided also that only one demand for such inspection shall be made in one fortnight at the same establishment.

 

16.7.4 The official making such inspection shall be entitled to take a copy of entries in a time and wages record relating to a suspended breach of this Award.

 

17.  Ordinary Time Hours of Work

 

17.1    Roster Cycles

 

17.1.1 Subject to 17.9 and subject to the exceptions hereinafter provided, the ordinary hours of work are an average of 38 per week to be worked on one of the following bases:

 

(a)       76 hours within a roster cycle not exceeding fourteen consecutive days;

 

(b)       114 hours within a roster cycle not exceeding twenty-one consecutive days;

 

(c)       152 hours within a roster cycle not exceeding twenty-eight consecutive days;

 

(d)       304 hours within a roster cycle not exceeding fifty six consecutive days.

 

17.1.2 The ordinary hours prescribed in this clause must be worked in shifts of no more than ten consecutive hours with not more than one shift in any period of twenty four hours. However, a new employee (other than a casual employee) on engagement may work up to three shifts as part of an initial training period. Such shifts must be paid for at the appropriate rate of pay prescribed by this award but must not form part of the normal roster cycle provided for in this clause. The normal roster cycle must commence on the fourth shift.

 

17.2    Shift Duration

 

Except as provided in 17.7, ordinary time shifts must be limited in duration to:

 

17.2.1 for casual employees - a minimum of 4 hours and a maximum of 8 hours;

 

17.2.2 for full-time employees - a minimum of 8 hours and a maximum of 10 hours;

 

17.2.3 for part-time employees - a minimum of 3 hours and a maximum of 10 hours.

 

17.3    Break Between Sequential Shifts

 

Each ordinary time shift must be separated from any subsequent ordinary time shift by a minimum break of not less than 8 hours nor less than the duration of the ordinary time work performed during the shift which immediately preceded the break.

 

17.4    Long Break Between Shifts

 

17.4.1 An employee is entitled to have no less than 4 separate breaks of not less than 48 continuous hours off work in each 28 day roster cycle, or 3 separate breaks of not less than 72 continuous hours off work in each 28 day roster cycle, or 3 separate breaks of not less than 48 continuous hours off work in each 21 day roster cycle.

 

17.4.2 An employee:

 

(a)       must not work more than 6 ordinary time shifts, and/or

 

(b)       must not work more than a total of 48 hours of ordinary time between the breaks prescribed in 17.4.1.

 

17.5    Shift Start/End Times

 

17.5.1 Except in the case of a broken shift, shifts must be continuous and an employee's commencing and ceasing times of ordinary hours of work must operate at the actual job or work station.

 

However:

 

(a)       where an employee is required to collect (prior to proceeding to the work site) or return (after completion of duty) company equipment (such as a gun, keys, car etc.) from a location other than the actual work site or sites, and

 

(b)       the collection and/or return of such equipment adds more than 15 minutes to the time which would otherwise be required for the employee to travel between the employee's normal work site or location and the employee's residence.

 

17.5.2 Then the commencing and ceasing times of ordinary work must operate from such point of collection and such point of return respectively

 

17.6    Crib Breaks

 

A paid crib break (or breaks) must be allowed on shifts of more than 4 hours. A crib time of not less than 20 minutes on an 8 hour shift and not less than 30 minutes on a 12 hour shift must be provided. The time must be allowed not earlier than four hours nor later than five hours after the time of commencement of each shift where it is reasonably practicable to do so.

 

17.7    Enterprise Flexibility Arrangements - Ordinary Hours of Work

 

17.7.1 Despite any other provision of this award, but subject to this subclause, an employer and his/her employees may arrange ordinary working hours to exceed 10 but not to exceed 12 on any day. Such arrangements may be made:

 

(a)       by the employees employed at a specified site or sites, with the written agreement of all affected employees, or

 

(b)       by the employees of a specified employer/company, with the agreement by secret ballot of a majority of the employees of that employer/company to be affected by the arrangement.

 

17.7.2 If the employer seeks to reach an hours agreement permitted by 17.7.1 and the union has members employed at the particular workplace or employed by the particular company (as the case may be), the employer must inform the Union of its intention (no later than five days before the employer proposes to commence such an arrangement) and provide the union with an opportunity to take part in negotiations relating to the proposed arrangement.

 

17.7.3 Arrangements made pursuant to 17.7.1 are subject to:

 

proper health monitoring procedures being introduced;

 

suitable roster arrangements being made; and

 

proper supervision being provided.

 

17.7.4 Arrangements made pursuant to this subclause will continue in force unless rescinded by either party to the arrangement by the giving of seven days notice. However, the arrangements may be varied at any time by the consent of the parties.

 

17.7.5 Documentation of hours arrangements: Arrangements made pursuant to paragraph 17.7.1 of this subclause shall be committed to writing in the form set out:

 

17.7.5.1         in the case of specific site/s arrangements pursuant to subparagraph 17.7.1(a), in the form set out in Appendix A to this Award, or

 

17.7.5.2         in the case of specific employer/company arrangements pursuant to subparagraph 17.7.1(b), in the form set out in Appendix C to this Award.

 

17.8    Despite anything to the contrary in this award, the following time is ordinary working time for the purposes of this clause and must be paid for as such:

 

17.8.1 Time allowed as crib time under 17.6;

 

17.8.2 Time occupied by an employee in filling in any time record or cards or in the making of records (other than time spent checking in or out when entering or leaving the employer's premises).

 

17.8.3 Time spent attending a court on the employer's or employer's client's behalf in connection with any matter arising out of or in connection with the employee's duties.

 

17.8.4 Where an employee is required to use their own vehicle in the course of their employment and, at the request of the employer, is requested to fit the vehicle with any additional equipment or identifying markings, any time spent by the employee in the initial installation of equipment in their vehicle must be counted as time worked. Such installation takes place during ordinary business hours. Any further installation or replacement of equipment required by the employer to be done must similarly be counted as time worked. Where fitting of equipment or markings is required as a result of an employee changing vehicles, then such installation will only be counted as time worked if three years' service has elapsed since the initial installation.

 

17.8.5 Time spent at the direction of the employer attending initial firearms training or firearms refresher training courses.

 

17.9    19 Day Month Arrangements

 

The following provisions apply where employees work their hours in accordance with 17.1.1(c) on the basis that they agree they will accrue 0.4 hours of 19 eight hour shifts towards a paid rostered day off during each cycle of twenty-eight consecutive days:

 

17.9.1 Paid rostered days off may be accumulated so as to allow up to five consecutive days to be taken off in each consecutive period of up to 20 weeks or such accumulation may be extended up to a maximum of 10 consecutive day;

 

17.9.2 An employee is entitled to no more than 12 such paid rostered days off in any 12 months of employment;

 

17.9.3 The option of implementing either a 19 day month or accrual of up to five days in 20 weeks or accrual of a maximum of 10 days is at the employer's discretion.

 

17.10  9 ½ Day Fortnight Arrangements

 

Where employees work their hours in accordance with 17.1.1(a) on the basis that they agree they will be rostered off for a paid period of four hours (a half day) on one day as part of a roster cycle of 76 hours of work in 14 consecutive days, an employee is entitled to no more than 24 paid half days in any 12 months of consecutive employment.

 

17.11  21 Day Work Cycles

 

Where employees work their hours in accordance with 17.1.1(b) on the basis that they agree they will work a roster cycle of 114 hours in 21 consecutive days so as to allow one complete shift to be taken as a paid rostered day off during each such roster cycle, an employee is entitled to no more than 17 such paid rostered days off in any 12 months of consecutive employment.

 

17.12  General Provisions

 

The following provisions apply to employees and employers making agreement referred to in 17.9, 17.10 and 17.11:

 

17.12.1           Such agreement must be recorded in writing, and must be recorded in the time and wages records kept in accordance with clause 16.7. Where the employee is a member of the union and so requests, the union must be given an opportunity to represent the employee before an agreement is reached;

 

17.12.2           Each day or shift of paid leave taken (including paid rostered days off but excluding annual leave and long service leave) during any roster cycle must be regarded as a day or shift worked for accrual purposes.

 

17.12.3           Despite any other provision of this clause, on termination of employment an employee must be paid the value of any credits accrued from each day or shift worked in the roster cycle towards the taking of paid rostered days off duty and such payment must be made at the rate of pay applicable on termination of employment

 

18.  Broken Ordinary Time Shifts

 

Employees other than casual employees may be required to work ordinary time shifts which include an unpaid break period. Provided that:

 

18.1    the second part of the broken shift ends no more than 14 hours after the start of the first part, and

 

18.2    the break is not less than 4 hours nor more than 6 hours, and

 

18.3    the employee is paid a Fares Allowance as provided under Clause 12 - Allowances, and

 

18.4    the total period of paid time worked during a broken shift is not less than 4 hours nor more than 8 hours, and

 

18.5    the whole period of any broken time shift (the first part plus the unpaid break plus the second part) is counted as a single shift for the purposes of the roster cycles and required breaks prescribed under Clause 17 - Ordinary Time Hours of Work and Clause 18 - Broken Ordinary Time Shifts.

 

19.  Paid Rostered Days Off Duty

 

19.1    Rostering of Paid RDO's

 

19.1.1 The employer and the employee should agree on the scheduling of an employee's paid rostered days off duty. Where agreement cannot be reached, the employer will determine the scheduling. An employee may accumulate up to ten paid rostered days off. The employer may schedule accumulated days off to suit the needs of the employer's business. However, the employer must give the employee at least four weeks notice of the days on which accumulated days off will be taken.

 

19.1.2 Except as provided by 19.1.3, an employee must be advised by the employer at least four weeks in advance of the weekday which is to be the paid rostered day off duty.

 

19.1.3 The employer with the agreement of the majority of employees affected may substitute the day an employee is to be rostered off duty (as a paid rostered day off) for another day in the case of an emergency or to meet the requirements of a particular establishment.

 

19.1.4 An individual employee with the agreement of the employer may substitute the day such employee is rostered off duty (as a paid rostered day off) for another day.

 

19.2    Paid Rostered Day Off Falling on a Public Holiday

 

In the event of an employee's paid rostered day off falling on a Public Holiday, the employee and the employer should agree to an alternative day off duty as a substitute. In the absence of agreement the substituted day will be determined by the employer.

 

19.3    Work On Paid Rostered Day Off Duty

 

Subject to 19.1, any employee required to work on their paid rostered day off must be paid in accordance with the provisions of Clause 22 - Overtime, but only where it is not possible to substitute another day for the rostered day off so worked.

 

19.4    Sick Leave and Paid Rostered Days Off

 

Employees are not eligible for sick leave in respect of absences on paid rostered days off as such absences are outside their ordinary hours of duty.

 

19.5    Annual Leave and Paid Rostered Days Off

 

There is no entitlement to a paid rostered day off during a period of annual leave as such days do not count as time worked for accrual purposes.

 

20.  Rosters and Transfer of Employees

 

20.1    Notice

 

Employees (other than Relieving Officers and casual employees) must work their normal hours of work in accordance with a roster for which advance notice has been given.  A Relieving Officer or casual employee may also, at the employer's discretion, work their normal hours of work in accordance with a roster for which advance notice has been given.

 

20.2    Display

 

The employer must, by legible notice displayed at a place accessible to the employees, notify employees who work their normal hours in accordance with a roster, of the commencing and ceasing times of their rostered hours of work. Such times, once notified, may not be changed without the payment of overtime, or by seven days' notice given in accordance with this subclause.  However, by agreement between the employer and the employee less than seven days' notice may be substituted.

 

20.3    Transfer of an Employee in Response to A Client's Demand

 

Where the employer transfers an employee in response to the clients demand and that transfer results in a loss of income for the employee, the employee must have their income at the site from which the employee was transferred maintained for the period remaining in the roster cycle.

 

21.  Span Loadings - Ordinary Time Work

 

21.1    The following additional loadings must be applied to the appropriate ordinary time rate in regard to any portion of an ordinary time shift which falls within the spans as defined in Clause 7 - Definitions, whether or not the ordinary time shift starts before and/or ends after the defined span.

 

21.2    The span loading applies only to that part of the shift which is within the defined span, and does not apply to the part of the shift (if any) which falls outside the defined span.

 

21.3    The loadings to be applied are:

 

 

21.4    Span loadings must be paid for as worked. For example:

 

21.4.1 if an employee commences work at 1800 on Sunday and works through to 0600 on Monday then that employee is entitled to the Sunday Span loading (100.0%) for the first 6 hours of the shift and the appropriate Night Span loading (either 21.7% or 30.0%) for the remaining 6 hours.

 

21.4.2 if an employee commences work at 1700 on Monday and works through to 0100 on Tuesday then that employee is entitled to the appropriate Night Span loading (either 21.7% or 30.0%) for the 7 hours from 1800 to 0100, but not to any loading for the first hour worked.

 

21.5    The loadings prescribed in this clause apply in respect of ordinary hours of work only and apply to all employees including casual employees.

 

22.  Overtime

 

22.1    Loading for Overtime

 

Subject to the provisions of 22.2, employees who are required to work overtime in addition to their ordinary time hours of work (as defined) must, in addition to the ordinary time rate provided for the employee's classification under Table 1 of Part B, be paid a loading equal to:

 

22.1.1 for overtime work performed during a weekday (as defined) or Saturday span (as defined), but excluding overtime work performed during a Public Holiday span (as defined), 50% of the ordinary time rate for the first two hours of overtime worked and 100% thereafter;

 

22.1.2 for all overtime work performed during a Sunday span (as defined), 100% of the ordinary time rate;

 

22.1.3 for all overtime work performed during a Public Holiday span (as defined), 150% of the ordinary time rate.

 

22.2    Appendix B - Agreements Voluntary Overtime

 

In lieu of the loading provided under 22.1, an employee may elect to work additional hours under an Appendix B agreement, subject to the following conditions:

 

22.2.1 Any such agreement must be committed to writing in the form set out in this award. Such agreement must have the written consent of the employer and the employee.

 

22.2.2 For all work performed under an Appendix B agreement the employee concerned must be paid at the rate of 150% of the rate of pay applicable for ordinary time worked on that day between the hours of 0600-1800.

 

22.2.3 No employee may work more than a total of 14 hours in any one day, including both overtime and ordinary time.

 

22.3    Calculation of Overtime Payments

 

In computing overtime payments, each day's work stands alone. The hourly rate is determined by dividing the appropriate weekly rate by 38, even in cases where an employee works more or less than 38 ordinary hours in a week.

 

22.4    Minimum Break

 

An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that such employee has not had at least eight hours off duty between those times, must, subject to this subclause, be released after completion of such overtime until the employee has had such period off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such period off duty the employee must be paid at double ordinary time until released from duty for such period and such employee is then entitled to be absent until the employee has had such period off duty without loss of pay for ordinary working time occurring during such absence.

 

22.5    Non-Attendance of Other Employees

 

Where an employee does not attend for rostered duty with the required notice the employee on shift must agree to work up to 4 hours overtime to allow the employer to arrange for suitable relief subject to a maximum of 14 hours total time being worked in any one shift.

 

22.6

 

(a)       Subject to paragraph  (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)       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.

 

(c)       For the purposes of paragraph (b), what is unreasonable or otherwise will be determined having regard to:

 

(1)       any risk to  employee  health and safety;

 

(2)       the employee’s personal circumstances including any family and carers responsibilities;

 

(3)       the needs of the workplace or enterprise;

 

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

 

(5)       any other relevant matter.

 

23.  Call Back

 

23.1    An employee required to attend the employer's premises and/or the premises of a client or clients of an employer for any reason after leaving the place of employment (whether notified before or after leaving the place of employment) must be paid a minimum number of hours as specified below:

 

23.1.1 where such attendance is required at the employer's premises for the purposes of a disciplinary and/or counselling interview and/or administrative procedures such as completing or attending to Workers' Compensation Forms, Accident Reports, or Break/Entry Reports, the employee must be paid a minimum payment of two hours at the appropriate rate for each such attendance;

 

23.1.2 except as provided in 23.1.1, where such attendance is required at the employer's premises on a Monday through Saturday, the employee must be paid a minimum payment of three hours at the appropriate rate for each such attendance;

 

23.1.3 where any such attendance is required at the employer's premises on a Sunday the employee must be paid a minimum payment of four hours at the appropriate rate for each such attendance.

 

23.2    This clause does not apply where a period of duty is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

24.  Public Holidays

 

24.1    Specified Public Holidays

 

The days on which the following holidays are observed will be observed as public holidays under this award, namely:

 

New Year's Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Sunday

 

Easter Monday

 

Anzac Day

 

Queen's Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day and

 

any day which may hereafter be proclaimed a public holiday throughout the State; and

 

24.1.1 the first Monday in August of each year or such other day as is determined annually by mutual consent between the an employer and an employee; or

 

24.1.2 where a day, other than the first Monday in August each year, is observed by the general body of employees in any establishment then such day may be substituted for the first Monday in August as a holiday for any employees in that establishment entitled to such day or additional day as a holiday under this award.

 

24.2    Permanent Employees - Entitlement to Public Holidays

 

Permanent employees are entitled to the above holidays without loss of pay. However, a five-day shift worker (as defined) is only entitled to holidays that occur on Monday to Friday inclusive. An employer must not alter an employee's roster for the specific purpose of avoiding the entitlement which is provided under this subclause.

 

24.3    Holidays Falling on a Day on which a Seven-Day Shift Worker is not Rostered to Work

 

24.3.1 Where a holiday occurs on the rostered day off of a seven-day shift worker (as defined), other than a rostered day given pursuant to the provisions of 17.9 and Clause 19 - Paid Rostered Days Off Duty, then if such employee is not required to work on that day the employer must pay the employee 8 hours' ordinary pay in respect of such day.

 

24.3.2 However, the employer may, in lieu of the payment of eight hours' ordinary pay prescribed in this subclause, add a day to the annual leave entitlement of the employee concerned. Any day or days added to an employee's entitlement to annual leave in accordance with this subclause must be the working day or working days immediately following the annual leave period to which the employee is entitled to under Clause 25 - Annual Leave.

 

24.3.3 Where the employment of a seven-day shift worker has been terminated and the employee thereby becomes entitled under Section 4 of the Annual Holidays Act 1944 (New South Wales), to payment in lieu of an annual holiday, with respect to a period of employment, the employee is entitled also to an additional payment for each day accrued under this subclause, at the appropriate ordinary rate of pay, if payment has not already been made in accordance with the provisions of this subclause.

 

24.4    Payment Where Employees Required to Work on a Public Holiday

 

Permanent and casual employees who are required to work ordinary time or overtime during the 24 hour period between 0000 at the start of a public holiday and 2400 at the end of that same public holiday (whether or not that work commences before or ends after the specified span period) must be paid for all hours worked during the specified span at the rate of 150% in addition to the ordinary time rate provided for the employee's classification under Table 1 of Part B. This payment is to be in lieu of any payment which would have otherwise been required for those hours under the provisions of 24.2 or 24.3.

 

24.5    Unauthorised Absence before or after a Public Holiday.

 

Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee is not entitled to the payment for such holiday as is provided under 24.2.

 

25.  Annual Leave

 

25.1    All employees are entitled to annual leave in accordance with the Annual Holidays Act 1944 (NSW).

 

25.2    Additional Leave for Seven-Day Shift Workers

 

In addition to an annual holiday of four weeks provided by section 3 of the Annual Holidays Act, 1944 (New South Wales), a seven-day shift worker at the end of each year of employment is entitled to the additional leave as prescribed below:

 

25.2.1 If during the year of employment the employee has served continuously as a seven-day shift worker, the additional leave with respect to that year is one week.

 

25.2.2 If during the year of employment the employee has served only a portion of it as a seven-day shift worker, the additional leave is 3 1/4 hours for each completed month of employment as a seven-day shift worker. Where the additional leave is or comprises a fraction of a day such fraction does not form part of the leave period and any such fraction must be discharged by payment only.

 

25.2.3 Where the employment of a seven-day shift worker is terminated and there is thereby an entitlement due under section 4 of the Annual Holidays Act, 1944 (New South Wales), to payment in lieu of an annual holiday with respect to a period of employment such employee is also entitled to an additional payment of 3 1/4 hour's pay for each completed month of service as a seven-day shift worker.

 

25.3    Payment for Annual Leave

 

All employees must receive payment for annual leave periods calculated at which ever is the greater of:

 

25.3.1 The ordinary time rate provided for the employee's classification under Table 1 of Part B, together with, where applicable, the leading hand allowance, relieving officer's allowance and first aid allowance prescribed in 12.3, 12.4 and 12.5 respectively, plus a loading of 17.5%, or

 

25.3.2 The ordinary time rate increased by any night span and/or permanent night span rates and/or weekend span rates which would have been payable for ordinary time the employee would have worked if the employee had not been on annual leave (but not including any public holiday span rate payable in respect of a public holiday occurring during the annual leave which is a public holiday on which the employee would have worked an ordinary shift) together with, where applicable, the leading hand allowance, relieving officer's allowance and first aid allowance prescribed in 12.3, 12.4 and 12.5 respectively. An employee's roster must not be altered merely for the purpose of avoiding any benefit available to the employee under this provision.

 

25.3.3 Despite any other provision in this clause, no loading is payable to an employee who takes an annual holiday wholly or partly in advance. However, if the employment of such an employee continues until the day when he or she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday, and is to be calculated in accordance with 25.3.1 or 25.3.2, applying the award rates of wages payable on that day. This provision applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises after that date.

 

25.4    Payment In Lieu of Annual Leave on Termination of Employment

 

Where the employment of a permanent employee is terminated for any reason by either party and at the time of such termination the employee has not been given and has not taken the whole of any annual leave to which the employee has become entitled (employees only become entitled to annual leave for each completed year of service), then the employee must be paid for all such untaken annual leave at the rate provided under 25.3. For an incomplete year of service employees are entitled to a payment of 1/12 of their ordinary earnings for that incomplete year of service, in lieu of annual leave.

 

25.5    Annual Leave Loading

 

An annual leave loading is incorporated into the provisions of 25.3 and 25.4, and no additional amount is payable in respect of Annual Leave Loading.

 

26.  Long Service Leave

 

Employees employed under the provisions of this award are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955 (New South Wales).

 

27.  Personal Leave

 

The provisions of this clause apply to full-time and part-time employees, but do not apply to casual employees.

 

27.1    Amount of Paid Personal Leave

 

27.1.1 Paid personal leave is available to an employee when he or she is absent due to:

 

personal illness or injury (sick leave); or

 

for the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support (carer's leave); or

 

because of bereavement on the death of an immediate family or household member (bereavement leave).

 

27.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:

 

Length of Time Worked For The Employer	Personal Leave (Hours)
less than 2 months	15.2
after 2 months to less than 4 months	22.8
after 4 months to less than 6 months	30.4
after 6 months to less than 8 months	38.0
after 8 months to less than 10 months	45.6
after 10 months	53.2
Each year thereafter	91.2

 

27.1.3 After the first year of service, in any year unused personal leave accrues by the lesser of:

 

(a)       76 hours less the total amount of sick leave and carer's leave taken during the year.

 

(b)       the balance of the year's unused personal leave.

 

27.1.4 Payment for personal leave must be made at the ordinary time rate provided for the employee's classification under Table 1 of Part B.

 

27.2    Immediate Family or Household

 

27.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:

 

a member of the employee's immediate family; or

 

a member of the employee's household.

 

27.2.2 The term immediate family includes:

 

(a)       spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

 

(b)       child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

 

27.3    Sick Leave

 

27.3.1 Definition

 

Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.

 

27.3.2 Entitlement

 

(a)       The amount of personal leave an employee may take as sick leave depends on how long he or she has worked for the employer and accrues as follows:

 

Length of Time Worked For	Rate of Accrual of Paid Sick
The Employer	Leave (Hours)
Less than 2 months	0
2 month to less than 4 months	7.6
4 months to less than 6 months	15.2
6 months to less than 8 months	22.8
8 months to less than 10 months	30.4
after 10 months	38
In the second and each subsequent year	76

 

(b)       Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.

 

27.3.3 Employee must give notice

 

(a)       Before taking sick leave, an employee must inform the employer as soon as possible and in any event, prior to the start of shift, unless he or she has a good reason for not doing so.

 

(b)       The notice must include:

 

the nature of the injury or illness (if known); and

 

how long the employee expects to be away from work.

 

(c)       If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

 

(d)       Where an employee does not notify the employer of the employee's inability to attend for duty prior to the start of shift the employee is not entitled to payment for the first eight hours of such absence. However, in cases of accident or incapacity to notify, to receive payment for the absence the employee must provide reasonable proof that he/she was unable to attend for duty on account of incapacity or illness. An employee's entitlement to sick leave (see 27.3.2) must not be reduced as a consequence of the operation of this subclause.

 

27.3.4 Evidence supporting claim

 

(a)       The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

 

(b)       The employer is not required to accept more than two statutory declarations for single day absences in any one year. Where a single day absence occurs before or after a public holiday or rostered day off the employee must supply a medical certificate.

 

27.3.5 The effect of workers' compensation

 

If an employee is receiving workers' compensation payments, he or she is not entitled to sick leave.

 

27.3.6 Despite anything contained in 27.1, a permanent employee suffering injury through an accident arising out of and in the course of such employee's employment (not being an injury in respect of which there is entitlement to Workers' Compensation) necessitating attendance during working hours of a doctor, chemist or trained nurse, or at a hospital, may not suffer any deduction from pay for the time (not exceeding four hours) so occupied on the day of the accident and must be reimbursed by the employer for all expenses reasonably incurred in connection with such attendance. For the purpose of this clause, expenses include fares.

 

27.4    Bereavement Leave

 

27.4.1 Paid leave entitlement

 

An employee other than a casual is entitled to use up to 15.2 hours personal leave as bereavement leave on any occasion on which a member of the employee's immediate family or household dies within Australia. Where such death occurs outside Australia, the employee is entitled to use up to 7.6 hours personal leave as bereavement leave, provided that the entitlement will extend to 15.2 hours if the employee travels overseas to attend the funeral.

 

27.4.2 Unpaid leave entitlement

 

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 15.2 hours unpaid leave.

 

27.4.3 Evidence supporting claim

 

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee's immediate family or household.

 

27.5    Carer's Leave

 

27.5.1 Paid leave entitlement

 

An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

 

27.5.2 Notice required

 

(a)       Before taking carer's leave, an employee must give at least two hours' notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

 

(b)       The notice must include:

 

the name of the person requiring care and support and his or her relationship to the employee;

 

the reasons for taking such leave; and

 

the estimated length of absence.

 

(c)       If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

 

27.5.3 Evidence supporting claim

 

The employee must, if required by the employer, establish 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.

 

27.5.4 Unpaid leave

 

An employee may take unpaid carer's leave by agreement with the employer.

 

28.  Parental Leave

 

An employee shall be entitled to Parental Leave in accordance with Part 4 of Chapter 2 of the Industrial Relations Act 1996.

 

29.  Jury Service

 

29.1    Entitlement

 

An employee must be allowed leave of absence during any period when required to attend for jury service. Such leave will be limited to a maximum of two weeks in any period of jury service.

 

29.2    Payment

 

During such leave of absence, an employee must be paid the difference between the jury service fees received and the normal rate of pay as if working.

 

29.3    Proof of Attendance

 

An employee must produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and must give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.

 

30.  Attendance at Repatriation Centres

 

Permanent employees who are ex-service personnel must be allowed, as time worked, lost time incurred whilst attending Repatriation Centres for medical examination and/or treatment, provided that:

 

30.1    Such lost time does not exceed four hours on each occasion and a maximum of 20 hours per annum;

 

30.2    The employee produces evidence satisfactory to the employer that there is a requirement to and subsequent attendance at a Repatriation Centre.

 

30.3    The employer may deduct from such lost time any payments the employee is entitled to receive for lost time from the Department of Veterans Affairs in respect of any such attendance.

 

31.  Introduction of Change

 

31.1    Employer's Duty to Notify

 

31.1.1 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.

 

31.1.2 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 or locations and the restructuring of jobs. Provided that where the Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

31.2    Employer's Duty to Discuss Change

 

31.2.1 The employer shall discuss with the employees affected and their Union, inter alia, the introduction of the changes referred to in subclause 31.1 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 Union in relation to the changes.

 

31.2.2 The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause 31.1 hereof.

 

31.2.3 For the purposes of such discussion, the employer shall provide in writing to the employees concerned and their Union, 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 the employer's interests.

 

32.  Redundancy

 

32.1    Discussions Before Terminations

 

32.1.1 Where an employer has made a definite decision that the employer 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.

 

32.1.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph 32.1.1 hereof 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.

 

32.1.3 For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their Union, 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 termination are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.

 

32.2    Transfer to Lower Paid Duties

 

Where an employee is transferred to Lower paid duties for reasons set out in paragraph 32.1.1, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if his or her employment had been terminated, and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

32.3    Severance Pay

 

In addition to the period of notice prescribed for ordinary termination in clause 9, Termination of Employment, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in paragraph 32.1.1, shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

 

Week's Pay means the ordinary time rate of pay for the employee concerned.

 

Provided that severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

 

32.4    Employee Leaving During Notice

 

An employee whose employment is terminated for reasons set out in paragraph 32.1.1 may terminate his or her employment during the period of notice and, if so, shall be entitle to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

32.5    Alternative Employment

 

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

 

32.6    Time Off During Notice Period

 

32.6.1 During the period of notice of termination given by the employer for reasons set out in paragraph 32.1.1 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.

 

32.6.2 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.

 

32.7    Notice to Centrelink

 

Where a decision has been made to terminate employees in the circumstances outlined in paragraph 32.1.1, the employer shall notify Centrelink 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.

 

32.8    Superannuation Benefits

 

Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, such employee shall only receive under subclause 32.3, the difference between the severance pay specified in that subclause and the amount of the superannuation benefit the employee receives which is attributable to employer contributions only. If this superannuation benefit is greater than the amount due under subclause 32.3 then the employee shall receive no payment under that clause.

 

32.9    Transmission of Business:

 

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

 

32.9.1.1         the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission, and

 

32.9.1.2         the period of employment which the employee has had with the transmitter or any prior transmitter shall be deemed to be service of the employee with the transmittee.

 

32.9.2 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 law and "transmitted" has a corresponding meaning.

 

32.10  Mechanisation And Technological Changes

 

32.10.1           Notwithstanding any other provisions of this clause, where on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which the employer is engaged, the employer terminates the employment of an employee who has been employed for the preceding 12 months, such employee shall be given three months' notice of the termination of employment; provided that, if the employer fails to give such notice in full:

 

32.10.1.1       the employee shall be paid at the rate specified for the employee's ordinary classification in clause 11, Wages, for a period equal to the difference between three months and the period of the notice given, and

 

32.10.1.2       the period of notice required by this subclause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer to summarily dismiss an employee shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of the employee's employment.

 

32.10.2           When an employer gives to an employee notice of the termination of employment on account of the introduction or proposed introduction of mechanism or technological changes, within 14 days thereafter the employer shall give notification in writing to the Industrial Registrar, the New South Wales Government Director of Vocational Guidance, the New South Wales Government Director of Technical and Further Education and the New South Wales Branch Secretary of Australian Liquor, Hospitality and Miscellaneous Workers Union, of the fact, stating the employee's name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.

 

32.11  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 employees of suitable alternative employment.

 

32.12  Employees Exempted

 

This clause shall not apply where employment is terminated as a consequence of conduct that justified instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks for a period of less than 12 months.

 

32.13  Employers Exempted

 

Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

 

32.14  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.

 

33.  Enterprise Flexibility Provisions

 

See Principle 11 of the Wage Fixing Principles established in the Commission’s State Wage Case decision 2004, as varied from time to time.

 

34.  Deduction of Union Dues

 

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

 

(a)       the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)       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;

 

(c)       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

 

(d)       there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)      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.

 

(iii)     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 subscription to employees’ membership accounts, provided that:

 

(a)       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

 

(b)       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.

 

(iv)     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.

 

(v)       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, monthly or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)     An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)    Where an employee who is a member of the Union and who 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."

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay Per 38-Hour Week

 

 

Table 2 - Other Rates and Allowances

 

 

APPENDIX A

 

ORDINARY TIME HOURS OF WORK - SPECIFIED SITE OR SITES

 

1.         This document, which records an agreement reached pursuant to 17.7.1(a), must be signed by all affected employees within one month of the arrangement being implemented. An employee who is a union member is entitled to forward a copy of the signed agreement to the Union Office.

 

2.         The following arrangement is made pursuant to 17.7.1(a) of the Security Industry (State) Award, in regard to the following site(s):

 

Location(s) of Site(s)

 

3.         It is agreed between the parties that the following arrangement for extended daily ordinary hours for the above location(s) is as follows (see also attached roster(s)):

 

4.         This agreement will take effect from the beginning of the first full pay period to commence on or after.........................and will remain in force for a period of..........

 

5.         Signed on behalf of (COMPANY NAME)

 

(Date)

 

6.         Signed by (employees):

 

(All affected employees to sign as acknowledging that they agree to this arrangement)

 

7.         Where the union is represented in negotiations relating to this agreement, the agreement is to be signed on behalf of the Union:

 

(Union Secretary)

(Date)

 

APPENDIX B

 

OVERTIME AGREEMENT

 

1.         The following arrangement is made pursuant to 22.2 of the Security Industry (State) Award in regard to the following employee(s)

 

Name (print)

Signature

 

2.         The employee(s) who's names and signatures appear above agree to be paid for overtime worked in accordance with 22.2 in lieu of payment in accordance with 22.1

 

3.         This agreement once signed by all parties will take effect from the beginning of the first full pay period to commence on or after..............................and will remain in force unless rescinded in writing by any party giving four weeks notice

 

4.         SIGNED ON BEHALF OF (Company name)

 

Name (print)

Signature

 

Position

 

APPENDIX C

 

ORDINARY TIME HOURS OF WORK - SPECIFIED COMPANY/EMPLOYER

 

1.         This document records an agreement reached pursuant to 17.7.1(b) of the Security Industry (State) Award and is signed by the Company and employees (and, where appropriate, the union) as certifying that the arrangement outlined hereunder was agreed to by a majority of employees of the specified Company, in a secret ballot conducted expressly for that purpose.

 

2.         The following arrangement is made pursuant to 17.7.1(b) of the Security Industry (State) Award, and it will apply hereafter to all employees of the specified Company employed under the provisions of the Security Industry (State) Award, unless and until rescinded by either party pursuant to the provisions of 17.7.3 of the award.

 

3.         It is agreed between the Company and its employees (and, where appropriate, the Union) that the arrangement for extended daily ordinary hours of work which are outlined below and/or which are described in the attached rosters will hereafter apply to all employees of the Company.

 

4.         This agreement takes effect from the beginning of the first full pay period to commence on or after..............................and remains in force for a period of........................

 

5.         Signed on behalf of (COMPANY NAME)

 

(Date)

 

6.         Signed on behalf of employees and/or the Union:

 

Employee representative/

 

Union Secretary

(Date)

 

APPENDIX D

 

NATIONAL TRAINING WAGE PROVISIONS

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.         Arrangement

2.         Application

3.         Objective

4.         Definitions

5.         Training Conditions

6.         Employment Conditions

7.         Wages

8.         Special Arrangements

9.         Additionally and Licensing

10.      Monitoring of Agreement

 

2.  Application

 

2.1      Subject to 2.1.1.2, this appendix applies to persons:

 

2.1.1   who are undertaking a Traineeship (as defined); and

 

2.1.1.1            who are employed by an employer bound by this Appendix.

 

2.1.1.2            Despite the foregoing, this appendix does not apply to employees who were employed by an employer bound by this appendix prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the union.

 

2.2      This appendix does not apply to the apprenticeship system.

 

2.3      At the conclusion of the traineeship, this appendix ceases to apply to the employment of the trainee and the award will then apply to the former trainee.

 

3.  Objective

 

The objective of this Appendix is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of Trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees be displaced from employment by Trainees. Nothing in this award replaces the prescription of training requirements in the award.

 

4.  Definitions

 

4.1      "Approved Training" means training undertaken (both on or off-the-job) in a Traineeship and will involve formal instruction, both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved by the State Training Authority.  The training will be accredited and lead to qualifications as set out in 5.7.

 

4.2      "Relevant Award" means the Security Industry (State) Award that applies to a Trainee, or that would have applied, but for the operation of this Appendix.

 

4.3      "Relevant Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union.

 

4.4      "Trainee" means an employee who is bound by a Traineeship Agreement made in accordance with this Appendix.

 

4.5      "Traineeship" means a system of training which has been approved by the State Training Authority or which meets the requirements of a National Training Package developed by the Property Services Industry Training Advisory Board and endorsed by the National Training Framework Committee and which leads to an Australian Qualifications Framework qualification specified by that National Training Package at Levels 2 and 3.

 

4.6      "Traineeship Agreement" means an agreement made subject to the terms of this Appendix between an Employer and the Trainee for a Traineeship and which is registered with the State Training Authority or under the provisions of the State legislation.  A Traineeship Agreement must be made in accordance with the relevant approved Traineeship Scheme and must not operate unless this condition is met.

 

4.7      "Traineeship Scheme" means an accredited training program consistent with the National Training Package applicable to security industry employees. A Traineeship Scheme will not be given approval unless consultation and negotiation with the relevant Union upon the terms of the proposed Traineeship Scheme and the Traineeship have occurred. An application for approval of a Traineeship Scheme must identify the relevant Union and demonstrate to the satisfaction of the approving authority that the abovementioned consultation and negotiation have occurred.  A Traineeship Scheme must include a standard format, which may be used for a Traineeship Agreement.

 

4.8      "Parties to a Traineeship Scheme" means the employer and the relevant Union involved in the consultation and negotiation required for the approval of a Traineeship Scheme.

 

4.9      "Appropriate State legislation" means the Vocational Education and Training Act 2005 (NSW)

 

4.10    "State Training Authority" means the NSW Department of Education and Training or its successor.

 

4.11    "Training program" means an accredited training program, which must provide for training and training related employment for a minimum of six months in the case of full-time trainees and up to a maximum twelve months in the case of part-time trainees. However, the traineeship program may be extended by agreement where an individual’s assessment indicates a longer period is necessary to achieve the qualification sought.

 

5.  Training Conditions

 

5.1      A traineeship must not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with the state training authority, provided that if the traineeship agreement is not in a standard format a traineeship must not commence until the traineeship agreement has been registered with the state training authority.  The employer must ensure that the trainee is permitted to attend the training course or program provided for in the traineeship agreement and must ensure that the trainee receives the appropriate on-the-job training.

 

5.2      The trainee must attend an approved training course or training program prescribed in the traineeship agreement or as notified to the trainee by the state training authority.

 

5.3      A substantial proportion of the traineeship program will be delivered through on-the-job training and instruction. Such training must:

 

5.3.1   be specified in the training program;

 

5.3.2   where possible, be incorporated in the normal duties of a trainee; and

 

5.3.3   must be paid in accordance with clause 8 of this appendix.

 

5.4      In addition to the on-the-job training component, a trainee will be expected to attend some off-the-job training. This will be to a maximum of 20% of an individual’s total time spent in the traineeship.

 

5.5      The employer must roster work in such a way as to take account of an individual’s off-the-job training commitments including any requirement for an individual to attend off-the-job training.

 

5.6      During the traineeship period, the employer must provide a level of supervision in accordance with the traineeship agreement and clause 10 of this appendix.

 

5.7      Training must be directed to:

 

5.7.1   the achievement of entry level competencies required for security industry, including key competencies, at AQF Level 2

 

5.7.2   the achievement of an accredited Certificate at AQF Level 3 or above that is awarded on the basis of achieving the competencies specified by the Traineeship.

 

5.7.3   The employer must submit all training agreements to the traineeship monitoring committee at Suite 2B, 187 Thomas Street, Haymarket NSW 2000, established in clause 11 of this agreement, within 28 days of lodging the traineeship agreement with the relevant new apprenticeship centre. The committee must keep the terms of the traineeship agreement private and confidential.

 

6.  Employment Conditions

 

6.1      A trainee will be engaged as a full-time or a part-time employee for a maximum of one year’s duration. However, a trainee will be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the state training authority, the relevant employer and the trainee may vary the duration of the traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant traineeship scheme.

 

6.2      Termination of employment during traineeship

 

6.2.1   The employer must not terminate the employment of a Trainee without firstly having provided in writing notice of termination to the Trainee concerned in accordance with the Traineeship Agreement and subsequently to the State Training Authority.  The written notice to be provided to the relevant State Training Authority must be provided within 5 working days of the termination.

 

6.2.2   No existing employee can be terminated in any manner other than pursuant to this award under which they are employed at the time of commencement of the Traineeship.

 

6.2.3   An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship must notify, in writing, the state training authority of their decision.

 

6.3      The trainee must be permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

 

6.4      Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period must be counted as service for the purposes of the award or any other legislative entitlements.

 

6.5      The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.

 

6.6      No trainee may work overtime or shiftwork on his or her own unless consistent with the provisions of the award.

 

6.7      No trainee may work shiftwork unless the parties to a traineeship scheme agree that such shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork trainees.

 

6.8      All other terms and conditions of the award that are applicable to the trainee or would be applicable to the trainee but for this appendix apply unless specifically varied by this appendix.

 

6.9      A trainee who fails to either complete the traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the traineeship will not be entitled to any severance payments payable pursuant to termination, redundancy provisions or similar provisions.

 

6.10    The training provider will develop and support the training program in accordance with the requirements of the AQF accreditation and the State Training Authority requirements for the delivery of the approved traineeship.

 

6.11    Existing employees who undertake a traineeship under this award must have no change in their employment status or entitlements under the agreement as a consequence of undertaking such traineeship.

 

7.  Wages

 

7.1      The weekly wages payable to trainees are as provided in this clause.

 

7.2      A trainee’s weekly wage rate is the relevant weekly wage rates which would otherwise have applied under this award or proportionately for part-time employees provided that off-the-job training will be unpaid.

 

8.  Special Arrangements

 

Subject to the foregoing, the NSW Industrial Relations Commission may be requested to determine the appropriate wage rates and/or conditions of employment for any Traineeship not regarded by the parties or any of them as appropriately covered by this Appendix.

 

9.  Additionally and Licensing

 

9.1      Trainees will not be required to perform any duties which will conflict with licensing requirements, e.g. they will not carry firearms until licensed.

 

9.2      Trainees will receive the same level of supervision as is received by new employees engaged under probation, Such supervision must continue for a period of at least three months.

 

9.3      For the first month of the level 2 traineeship, a trainee security officer must be rostered with at least one other guard on shift at the same site who is accessible to the trainee.

 

10.  Monitoring of Agreement

 

10.1    The parties to this appendix agree to the establishment of an industry committee to monitor the impact of the traineeship across the industry.

 

10.2    Such committee will be known as the traineeship monitoring committee and will meet 4 times a year.

 

10.3    The committee will comprise:

 

10.3.1 One representative from ASIAL

 

10.3.2 One representative from United Voice

 

10.3.3 One representative from the Property Services Training Co.

 

 

 

P. M. KITE, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.