CANTEEN WORKERS (STATE)
AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
|
Award/
|
Date of
|
Date of Taking Effect
|
Industrial Gazette
|
|
Variation
|
Publication
|
|
|
|
Serial No.
|
|
|
|
|
|
|
|
Vol.
|
Page
|
Award
|
B8492
|
17/03/2000
|
First pay period on or after 19/07/1999
|
314
|
155
|
7(7.1)(7.1.3)
|
B8612
|
20/04/2000
|
First pay period on or after 07/09/1999
|
315
|
80
|
& Part B
|
|
|
|
|
|
15(15.1).
|
B8862
|
19/05/2000
|
On and from 17/12/1999
|
315
|
941
|
7(7.1)(7.1.3)
|
B9584
|
19/01/2001
|
First pay period on or after 07/09/2000
|
321
|
969
|
& Part B.
|
|
|
|
|
|
7(7.1)(7.1.3)
|
C0519
|
21/09/2001
|
First pay period on or after 07/09/2001
|
327
|
1247
|
& Part B.
|
|
|
|
|
|
7 (7.1) (7.1.3)
|
C1394
|
13/09/2002
|
First full pay period on or after 07/09/2002
|
336
|
253
|
& Part B
|
|
|
|
|
|
& (7.1.3) &
|
C2004
|
15/08/2003
|
First full pay period on or after 07/09/2003
|
340
|
988
|
Part B
|
|
|
|
|
|
7, Part B
|
C2827
|
20/08/2004
|
First full pay period on or after 01/09/2004
|
346
|
65
|
7, 31
|
C2797
|
21/01/2005
|
On and from 22/03/2004
|
348
|
88
|
29
|
C3819
|
16/09/2005
|
First full pay period on or after 27/06/2005
|
353
|
892
|
7, Part B
|
C3924
|
21/10/2005
|
First full pay period on or after 07/09/2005
|
354
|
594
|
1, 10, 20A
|
C4775
|
06/10/2006
|
From 14/03/2006
|
361
|
122
|
7, Part B
|
C5030
|
03/11/2006
|
First full pay period on or after 07/09/2006
|
361
|
729
|
2, 7, 9
|
C5312
|
23/02/2007
|
From 01/01/2007
|
362
|
112
|
24, 25, 26
|
C5493
|
06/07/2007
|
On and from 19/12/2007
|
362
|
1129
|
7, Part B
|
C5855
|
31/08/2007
|
First full pay period on or after 07/09/2007
|
363
|
663
|
9, 31, 38
|
C6161
|
30/11/2007
|
On and from 03/10/2007
|
364
|
608
|
7, Part B
|
C6689
|
26/09/2008
|
First full pay period on or after 07/09/2008
|
366
|
759
|
7, Part B
|
C7238
|
30/10/2009
|
First full pay period on or after 18/09/2009
|
369
|
420
|
7, Part B
|
C7578
|
02/09/2011
|
First full pay period on or after 16/10/2010
|
371
|
590
|
|
|
|
|
|
|
|
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classification
Structure
4. Terms of
Employment
5. Hours
6. Make-up
Time
7. Wages
8. Juniors
9. Apprentices
10. Casual
Employees
11. Meal Break
12. Overtime
and Penalty Rates
13. First-aid
14. Superannuation
15. Public
Holidays
16. Annual
Leave
17. Mixed
Functions
18. Payment of Wages
19. Laundry
Allowance
20. Work
Clothes and Safety Equipment
20A. Secure
Employment (Occupational Health and Safety)
21. Working
Together
22. Grievance
Handling and Disputes Procedure
23. Sick Leave
24. Personal/Carer’s
Leave
25. Parental
Leave
26. Bereavement
Leave
27. Jury
Service
28. Blood
Donors
29. Redundancy
and Technological Change
30. Supported
Wage
31. Traineeships
32. Sick Leave
33. Exhibition
of Award in Workplace
34. Employee
Representative and Union Business
35. Exemptions
36. Laundry
Allowance Leave Reserved
37. Redundancy
38. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
2. Definitions
2.1 "Part-time
Employee" means a permanent employee who is engaged to work a regular number
of ordinary hours, such hours being not less than nine and not more than an
average of 32 hours per week.
2.2 "Casual
Employee" means an employee engaged other than as a full-time or part-time
employee.
2.3 "Full-time
Employee" is an employee who is engaged to work an average of 38 ordinary
hours per week.
2.4 "School
based apprentice" is an employee who is undertaking an apprenticeship
under a training contract while also enrolled in the Higher School
Certificate. The school based
apprenticeship may commence upon the completion of the Year 10 School
Certificate exams. Such school based
apprenticeships are undertaken at a minimum Certificate III Australian
Qualifications Framework (AQF) qualification level as specified in the relevant
Vocational Training Order pursuant to the Apprenticeship and Traineeship Act
2001.
3. Classification
Structure
3.1 The following
classification structure shall apply:
3.1.1 GRADE 1 - An
employee with less than six months experience in the canteen industry or an industry
where similar work is carried out and can be employed for up to three months at
the introductory level where on the job training will be provided by the
employer.
3.1.2 GRADE 2 - Is an
employee who is primarily engaged in one or more of the following:
Cleaning, tidying and setting up of kitchen, food
preparation and customer services areas, including the cleaning of equipment,
crockery and general utensils;
Setting and/or wiping down tables and sideboards,
removing food plates, emptying ashtrays and picking up glasses;
Assembly and preparation of ingredients for cooking,
heating meals and/or preparing simple food items, such as sandwiches, chips,
salads, hamburgers and toasted foodstuffs;
Undertaking general waiting duties of both food and/or beverages,
taking customer orders at a table, serving food and/or beverages to tables;
Receipt of monies, giving change, operation of cash
registers, and use of electronic swipe input devices;
Greeting and seating guests under general supervision.
Supplying, dispensing or mixing of liquor, including
cleaning of bar areas and equipment, preparing the bar for service, taking
orders and serving drinks and assisting in the cellar;
Receiving, counting, storing and distributing goods not
involving the extensive use of documents and records;
General cleaning, handling pantry items and linen; and
General assistance to employees of a higher grade.
3.1.3 GRADE 3 - Is an
employee who is primarily engaged in one or more of the following:
Preparing and cooking a limited range of food items
such as breakfasts, grills and snacks;
Waiting duties of food and/or beverages, including
providing assistance in choosing the meal and wines by providing detailed
information when required of each item listed on menus, advising customers on
the appropriate choices of wine and providing information on wine types and all
items on the wine list, taking customer orders, serving food and/or beverages,
supervises or undertakes the clearing of tables after and during meals, receipt
of monies, taking reservations, greeting and seating guests;
Preparing and serving a range of drinks, including
blended and other cocktails;
Receiving, counting, storing and distributing goods not
involving the control of the store or cellar; and
Assisting in the instruction on a one to one basis of
employees of a lower grade.
3.1.4 GRADE 4 - Is an
employee who is primarily engaged in one or more of the following:
Undertaking general cooking duties, including a la
carte cookery, baking, pastry cooking or butchery;
Full control of a cellar and/or store, including stock
control and ordering;
Designing, preparing and serving a range of
sophisticated cocktails and other drinks, or duties performed by a head bar
person;
Performing specialist waiting duties in a fine dining
or otherwise complex catering environment, such as those performed by a head
waiter;
Performing specialist wine waiting and ordering duties;
Providing basic supervision and instruction to
employees of a lower grade; and
Supervising, training and co-ordinating staff.
3.1.5 GRADE 5 - Is an
employee who has completed an apprenticeship or who has passed the appropriate
trade test and who is engaged in any of the following:
Undertaking cooking, baking, pastry cooking or
butchering duties;
Undertaking general and specialised waiting duties;
Other trade work appropriate to an employee’s trade;
Supervising, training and co-ordinating staff; and
The employer may require the employee to provide proof
of any previous service or a trade certificate at the time of commencing
employment. Where it is established that the employee failed to disclose that
information when required to do so, such service or qualification shall not be
taken into account when assessing any later claim on the employer.
3.1.6 GRADE 6 - Is an
employee who has completed an apprenticeship or who has passed the appropriate
trade test and has completed post trade qualifications:
Supervising, training and co-ordinating other trade
qualified staff.
3.2 The above
classification structure is intended to cover all employees employed at a
canteen, but not managerial employees. Where the employee’s duties are not
mentioned within these classifications, the employee shall be classified in a grade
which, by reference to the grading descriptions, most closely reflects the
skills and responsibilities of the job. All employees will perform both front
and back of house duties within their classification.
4. Terms of
Employment
4.1 Employees shall
be engaged on a full-time, part-time or casual basis. The basis of the
engagement will not be changed without the employer giving the employee 14 days
notice of the change.
4.2 Upon engagement
an employee shall be informed by the employer of:
4.2.1 Whether the
employee is to be engaged on a full time, part time or casual basis.
4.2.2 The employee’s
classification, job description and the duties to be performed.
4.2.3 The working times
including when meal breaks and rest breaks will be taken.
4.2.4 Who will
supervise the employee.
4.2.5 The training the
employee will receive.
4.2.6 The career path
the employee can expect.
4.2.7 Whether the
employee starts work on probation (not applicable to apprentices or trainees.)
4.3 Probationary
Employment -
4.3.1 Employees engaged
as full-time or part-time employees without any previous service with the
employer may be employed on probation for the first 14 days of employment,
during which period the employment may be terminated with one day’s notice.
4.4 Leaving
Employment -
4.4.1 An employer may
terminate the employment of a full-time or part-time employee by giving the
amount of notice as set out below for the employee’s period of continuous
employment or by paying the employee the money the employee would otherwise
have earned during this period:
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
4.4.2 An employer will not
terminate an employee’s employment unless the employee has been employed with
the employer for less than one month or the employer has told the employee that
the employer is unhappy with the employee’s employment and the employee has not
improved after being given a chance to do so.
4.4.3 Nothing in this
clause shall affect the right of the employer to dismiss an employee without
notice or without paying any monies instead of notice if the employee has acted
dishonestly in employment, the employee has unreasonably failed to carry out a
direction properly given to them by a person in charge, or the employee has
otherwise behaved so badly as to justify being dismissed without notice.
4.4.4 A full-time or
part-time employee when leaving employment must give the employer at least one
week’s notice or the employer may deduct from wages owing any part of the
notice period not worked. An employer shall not terminate an employee’s
employment only because the employee has given notice.
4.4.5 On termination of
employment for any reason, the employer will give a full or part-time employee
a certificate of service stating how long the employee had worked for the
employer and what job the employee did.
4.5 Where an
employee is detained at work after the normal finishing time and it is then too
late to travel by the employee’s usual transport to go home, the employer shall
either arrange transport or repay the employee’s taxi fare.
5. Hours
5.1 Full-time
employees will work not more than an average of 38 ordinary hours per week in
accordance with this award. These ordinary hours may not be averaged over more
than a four week period.
5.2 Full-time and
part-time employees will work not more than five days per week or, by agreement
between the employer and the employee, not more than 20 days in a four week
period.
5.3 Rosters -
5.3.1 The employer
shall display a roster in a place accessible to all employees. The roster shall
set out the starting, finishing and meal times for full-time and part-time
employees for each week. The roster shall be posted at least seven days before
its commencement.
5.3.2 Subject to other
clauses of this award, employees must work at such times and on such days as
the employer needs them. An employer cannot change the roster of a full-time
employee without giving the employee seven days notice, except in an emergency
beyond the employers control, or by agreement with the employee. The employer
will discuss any change with the employee and try to take into account the
employee’s family and personal needs.
5.4 The ordinary
daily working hours of full-time and part-time employees will not be more than
ten hours in any one shift, not including the time taken for meal breaks. By
agreement between the employer and the employee, an employee other than an
employee under 18 years old, may work up to 12 ordinary hours including the
time taken for a paid meal break, without the payment of a penalty as set out
in subclause 12.1, of clause 12, Overtime and Penalty Rates.
5.5 Full-time and
part-time employees will be given ten clear hours off between finishing work on
one shift and starting work on the next shift or paid double the employees
ordinary rate of pay for all time worked until the employee has had ten clear hours
off.
5.6 If a full-time
or part-time employee works less than three hours on a shift the employee will
be paid for no less than three hours worked.
5.7 A part-time
employee’s ordinary hours shall be:
5.7.1 Where there are
less than 15 full time and part time employees employed at the establishment,
not less than nine hours per week and not more than 128 hours per four week
period.
5.7.2 Where there are
15 or more full time and part time employees employed at the establishment, not
less than 15 hours per week and not more than 128 hours per four week period.
5.8 If a part time
employee is not given at least seven days notice or otherwise agrees to a
change of rostered hours, the employee will be paid an extra ten per cent for
the whole of the period of any affected shift(s) (and any overtime or other
penalty payment will be calculated on this extra ten per cent), except where
the change of roster has been requested by the employee.
5.9 Broken Shift -
Where an employee works a broken shift the employer will pay the employee for
not less than eight hours worked on any one shift. The shift will be spread
over not more than two periods within a span of not more than 14 hours
inclusive of meal breaks. For each broken shift worked, an employee shall be
paid an allowance of one half of the hourly ordinary rate of pay payable from
time to time to employees at the Grade 2 classification.
6. Make-Up Time
6.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during ordinary hours and works those
hours at a later time during the spread of ordinary hours provided in this
award, at the ordinary rate of pay.
6.2 If an employee is
in receipt of a penalty as set out in paragraph 12.2.1 of subclause 12.2 of
clause 12, Overtime and Penalty Rates, that employee may elect, with the
consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the loaded rate which would have been applicable to the hours taken off.
7. Wages
7.1 Full-Time
Employees:
7.1.1 Adult full-time
employees shall be paid the appropriate minimum weekly wage rate for the employees
grade as set out in Table 1 - Wage Rates, of Part B, Monetary Rates.
7.1.2 The rates of pay
in this award include the adjustments payable under the State Wage Case
2010. These adjustments may be offset
against:
(i) any equivalent
overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
7.1.3 Wage rates will
be calculated to the nearest ten cents.
7.2 Part-time
Employees:
7.2.1 Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by thirty-eight.
7.2.2 Terms and
conditions of this award applicable to full-time employees shall apply to
part-time employees on a pro-rata basis.
7.3 Casual Employees
7.3.1 Casual employees
will be paid for each hour worked 1/38th of the weekly rate for the grade which
applies to the employee plus 20 per cent. All overtime and other penalty rates
will be calculated on this rate.
7.3.2 Casual employees
are also entitled to be paid 1/12th of the employee’s ordinary pay as defined
in the Annual Holidays Act 1944, to pay for the employee’s annual
holiday entitlement.
7.4 Wages for school
based apprentice
(a) The hourly rates
for full time apprentices as set out in this Award shall apply to school based
apprentices for total hours worked including time deemed to be spent in off-the
job training.
(b) For the purposes
of subclause (a) of this clause, where a school based apprentice is a full time
school student, the time spent in off-the-job training for which the school
based apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid for training time may be averaged over the
school term or year.
(c) Where this Award
specifies a weekly rate for full time apprentices the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
8. Juniors
The minimum weekly wage rate for a junior employee
shall be calculated by applying the following percentages of the appropriate
adult rate for the classification in which the employee is employed:
Age
|
%
|
|
|
17 years of age and under
|
62
|
18 years of age
|
70
|
19 years of age
|
80
|
20 years of age
|
90
|
9. Apprentices
9.1 The minimum
weekly wage rate for apprentices shall be calculated by applying the following
percentages to the total rate of a Grade 5 employee.
% of Grade 5
|
|
Four year apprentice cooks -
|
|
|
|
1st year (or equivalent training stage)
|
46
|
2nd year (or equivalent training stage)
|
54
|
3rd year (or equivalent training stage)
|
67
|
4th year (or equivalent training stage)
|
80
|
"Equivalent training stage" recognises that an
employee could receive credit for training undertaken prior to the commencement
of the employees apprenticeship or have the ability to accelerate the period of
the employees apprenticeship.
9.2 Tool Allowance -
An apprentice in cooking who provides the employees own tools shall be paid an
allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
9.3 Progression
through Wage Structure
9.3.1 School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
9.3.2 The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical combination
of work and training for a school based apprentice undertaking the applicable
apprenticeship.
9.4 Conversion from
a school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school based
apprentice.
9.5 Conditions of
Employment
Except as provided by this award, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
9.6 Disputes and
Disciplinary Matters
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary
matters.
10. Casual Employees
10.1 Casual employees
will not be entitled to annual leave loading or compassionate or bereavement
leave or to payment for jury service or as a blood donor and clauses 5, 6, 23,
24, 25, 26, 27, 28, 29, 31 do not apply to them.
10.2 The ordinary
daily working hours of casual employees will not be more than ten hours in any
one shift, not including the time taken for meal breaks. By agreement between
the employer and the employee, hours per shift may not be more than 12
including the time taken for meal breaks (employees under 18 years old will not
be required to work more than ten hours in any one shift), without the payment
of a penalty as set out in subclause 12.1, of clause 12, Overtime and Penalty
Rates. The agreement referred to will be in writing.
10.3 If a casual
employee works less than three hours on a shift the employee will be paid for
no less than three hours worked.
10.4 Casual employees
will not be entitled to any public holiday penalty unless the employee works on
a public holiday.
10.5 Secure Employment
(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
twelve 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 twelve 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 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) 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.
(d) 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.
11. Meal Break
11.1 An employee who
is engaged to work five hours or more shall be given a meal break of between 30
minutes and one hour. This meal break shall be given after working not more than
five hours. The first meal break taken on any shift shall be unpaid. For full
time and part time employees, the second meal break will be a paid break, and
the employee will be paid a meal allowance for the second break the amount of
which is as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, or given a meal.
11.2 Such meals for
all employees may be staggered by the employer within each particular canteen
in order that full services may be maintained.
12. Overtime and
Penalty Rates
12.1 If the employer
requires an employee to work:
12.1.1 Overtime being for
full time employees more than 38 hours per week or the employer may average
these hours over up to a four week period;
12.1.2 overtime being for
part time employees being more than 36 hours per week or the employer may
average these hours over up to a four week period;
12.1.3 overtime being
more than the ordinary daily working hours as set out in subclause 5.4 of
clause 5, Hours;
12.1.4 on a Saturday;
12.1.5 on a Sunday;
12.1.6 on a public
holiday;
the employer will pay the employee extra wages (called
a penalty) being:
in the case of paragraphs 12.1.1 and 12.1.2 of this
subclause, time and one half of the ordinary rate of pay for the first two
hours worked and after that double time;
in the case of paragraph 12.1.3 of this subclause
double the ordinary rate of pay for all overtime worked;
in the case of Saturday work, time and one quarter of
the ordinary rate of pay for all time worked;
in the case of Sunday work, time and one half of the
ordinary rate of pay for all time worked; and
in the case of public holidays work two and a half
times the ordinary rate of pay for all time worked.
12.2 Evening or Night
Work
12.2.1 If an employee works
more than half a regular shift on any day between midnight and 6.00a.m. (called
a night shift), the employer will pay the employee for all time worked on that
shift an extra 30 per cent penalty. This penalty is not payable for work on
Sundays and public holidays, or for overtime worked under this clause 12.
12.3 Time off in lieu
of payment for overtime - The employee may, with the consent of the employer,
take time off within 12 months of becoming entitled to these payments instead
of being paid with the time off being calculated at the rate of one hour off
for every hour worked. Time off not taken within 12 months will be paid out at
the overtime rates applying at the time it was earned.
13. First-Aid
13.1 Where an employee
is a qualified first-aid attendant and is employed to carry out the duties of a
qualified first aid attendant he/she shall be paid an additional amount as set
out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
14. Superannuation
14.1 Definitions -
14.1.1. "Eligible
Employee" shall mean a full time or permanent part time weekly employee
who has completed a total of four weeks service with the employer, or a casual
employee with more than 152 ordinary hours service in any one year.
14.1.2. "Approved
fund" means either:
14.1.2.1. A
registered company fund, provided that the fund is a complying regulated fund
and holds a Certificate of Compliance issued by the Insurance and
Superannuation Commission ("the Company Fund");
14.1.2.2. The
Australian Superannuation Savings Employment Trust (ASSET); or
14.1.2.3. The
Hospitality Industry Portable Liquor Union Superannuation Trust Deed
(Host-Plus); or
14.1.2.4. Superannuation
Trust of Australia (STA); or
14.1.3. "Complying
regulated fund" means a superannuation fund that is regulated under the Superannuation
Industry (Supervision) Act 1993, and has been issued with a Certificate of
Compliance by the Insurance and Superannuation Commission.
14.1.4. "Ordinary
time earnings" means the award classification rate including any over
award payments, shift premiums for ordinary hours of work, and any percentage
addition payable to casual employees for ordinary hours of work. Provided that,
contributions shall not include the calculation of overtime, meal money, extra
rates, occasional bonus payments or any other ancillary payments of a like
nature prescribed by this award.
14.2 Superannuation
Legislation - The subject of superannuation is dealt with extensively by
federal legislation including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation (Resolution of
Complaints) Act 1993, and section 124 of the Industrial Relations Act
1996. This legislation, as varied from time to time, shall govern the
superannuation rights and obligations of the parties.
14.3 Contributions -
14.3.1. The employer
shall make, in respect of eligible employees, superannuation contributions of
three per cent of ordinary time earnings into an approved Fund. Such
contributions shall be made in the manner and at times specified by the terms
of the Fund or any agreement between the employer and the Trustee of the Fund.
14.3.2. The employer
shall not be required to make contributions for any period in which an eligible
employee is absent on unpaid leave or when on workers compensation.
14.3.3. An eligible
employee may make contributions in addition to those paid by the employer and
may authorise the employer to pay such contributions in the Fund directly from
the employee’s wages.
14.3.4. The obligation of
the employer to contribute to the Fund in respect of any eligible employee
shall cease on the last day of such employee’s employment with the employer.
14.3.5. Existing
Arrangements - An employer shall be exempt from the superannuation provisions
of this clause if that employer has, prior to 1 August 1991, established a fund
and is paying on behalf of eligible employees, contributions providing
superannuation benefits equivalent to three per cent of an employee’s ordinary
weekly earnings. This exemption shall extend to all aspects of this clause.
15. Public Holidays
15.1
15.1.1 Public Holidays
are New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day,
Boxing Day and the days on which Australia Day, Anzac Day, Queen's Birthday and
Labour Day are observed as public holidays.
15.1.2 Where a substitute
day is proclaimed or gazetted to replace any of the above days, the substituted
day shall be the public holiday in lieu of the original day.
15.1.3 The following
additional days are also public holidays for the Christmas/New Year period of
1999-2000:
Tuesday 28 December 1999; and
Monday 3 January 2000.
15.1.4 The following is a
public half-holiday for the Christmas-New Year period of 1999-2000 in New South
Wales:
that part of Friday 31 December 1999 that is after
noon.
15.2 If a full time or
part time employee works on a public holiday, the employee shall be paid at the
rate of double time and one-half for all time worked.
15.3 If an employee,
other than a casual employee, does not work and would normally be rostered to
work on a public holiday, the employee will be paid the employees normal
ordinary wages for that week.
15.4 If an employee,
other than a casual employee, is not normally rostered to work regularly on the
same days each week and the employee is not rostered to work on a public
holiday, the employer will either pay the employee an additional day’s wages,
or add a day to the employees annual holiday’s leave, or give the employee
another day off on ordinary pay
15.5 An employer may
not change an employee’s normal rosters to avoid paying the employee for a
public holiday.
15.6 If an employee,
other than a casual employee, is absent from work on the working day before or
the working day after a public holiday without reasonable excuse, the employee
shall not be entitled to payment for such a holiday.
15.7 An employee,
other than a casual employee, will be given an additional holiday as a public
holiday. The employee will become entitled to this on the anniversary of each
continuous year of employment with the employer. This day can be taken on a day
which is convenient to the employee and employer as a public holiday and is
instead of a union picnic day.
16. Annual Leave
16.1 See Annual
Holidays Act 1944.
16.2 A seven day shift
worker, being a shift worker who is rostered to work regularly on Sundays and
public holidays over a 12 month period, shall be allowed an additional week’s
annual leave in addition to the leave prescribed under the Annual Holidays
Act 1944.
16.3 During any period
of annual leave an employee shall receive a loading of 17.5 per cent calculated
on the rates of pay prescribed by clause 7, Wages, on leave falling due on or
after the coming into effect of this award.
17. Mixed Functions
17.1 An employee who
is required by the employer to carry out work on a temporary basis that carries
a higher rate of pay than the employee’s ordinary classification shall be paid
the higher rate while doing that work. This clause shall not apply to work
performed under supervision for training purposes.
18. Payment of Wages
18.1 All Wages Will be
Paid Weekly Or Fortnightly By Cheque Or Electronic Funds Transfer Into an
Account Nominated By the Employee from Time to Time Or By Cash as the Employer
May Choose.
18.2 Wages will be
paid or transferred into the employees nominated account within two business
days of the end of each pay period.
18.3 All wages will be
calculated in ten minute intervals for time worked of less than an hour.
18.4 Where a decision
is made to change the pay period from weekly to fortnightly, the employer will
provide reasonable notice of such change to affected employee(s).
19. Laundry Allowance
19.1 The employer will
launder an employee’s special clothing or pay the employee a laundry allowance
of the amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
19.2 Special clothes
are those which the employer asks the employee to wear as a uniform and which
the employee could not use for everyday wear or, if the employee is a chef or
cook, the employee’s uniform.
20. Work Clothes and
Safety Equipment
20.1 The employer will
provide an employee with all necessary safety equipment and protective
clothing. The employee must use/wear these items at all times when necessary
and must take good care of them.
20.2 The employer will
replace all broken or lost items but the employer can ask the employee to pay
the employer back if they are lost or broken because of carelessness of the
employee. The onus of proving this will be on the employer.
20A. Secure
Employment (Occupational Health and Safety)
(i) For the
purposes of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer's own employees.
(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.
21. Working Together
21.1 The parties to
this award recognise the need for employers and employees to work closely to
make the employer’s organisation a better place to work and to make business
better. Employers shall consult with employees either individually, within
working groups or altogether.
21.2 Individually - Employers
shall meet with employees from time to time to discuss matters such as the
employees’ progress, job performance, problems, training programme and career
prospects.
21.3 As work groups -
Employers and employees shall hold meetings from time to time to discuss how
the business is doing, what changes can be made to increase business and work
efficiency, any concerns either party has about work or work related matters
and any proposed changes that may lead to employees being made redundant.
21.4 An employer shall
not harm an employee in employment because an employee has expressed an
opinion.
22. Grievance
Handling and Disputes Procedure
22.1 Procedures
relating to grievances of individual employees -
22.1.1 The employee is required
to notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
22.1.2 A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
22.1.3 Reasonable time
limits must be allowed for discussion and resolution at higher levels of
authority.
22.1.4 At the conclusion
of the discussion, the employer must provide a response to the employee’s
grievance, if the matter has not been resolved, including reasons for not
implementing any proposed remedy.
22.1.5 While a procedure
is being followed, normal work must continue.
22.2 Procedures relating
to disputes etc. between employers and their employees -
22.2.1 A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduate steps for further discussion and resolution at higher
levels of authority.
22.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
22.2.3 While a procedure
is being followed, normal work must continue.
22.3 The employer may
be represented by an industrial organisation of employers and the employees may
be represented by an industrial organisation of employees for the purposes of
each procedure
23. Sick Leave
23.1 An employee,
other than a casual employee, who has worked for the employer for more than
three months shall be entitled to up to 38 hours off in the first year of
employment and 60.8 hours off in each of the second and subsequent years of
employment without loss of pay if the employee is unable to attend work because
the employee is ill or has been injured.
23.2 An employee must
give the employer as much notice as possible if the employee is to take sick
leave, and give the employer any reasonable proof that the employer may ask
for.
23.3 Sick leave
accumulates from year to year, that is, sick leave not taken in each year of
service will be available to the employee from the end of each such year.
24. Personal/Carer’s
Leave
24.1 Use of Sick Leave
24.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 24.1.3.2 who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 23, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
24.1.2 The employee
shall, if required,
(1) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
24.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
24.1.3.1 the
employee being responsible for the care of the person concerned; and
24.1.3.2 the
person concerned being:
24.1.3.2.1 a spouse
of the employee; or
24.1.3.2.2 a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
24.1.3.2.3 a child
or an adult child ( including an adopted child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
24.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
24.1.3.2.5 a
relative of the employee who is a member of the same household, where for the purposes
of this subparagraph:
24.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
24.1.3.2.5.2 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
24.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
24.1.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of the absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 22, Grievance Handling and Disputes Procedure,
should be followed.
24.2 Unpaid Leave for
Family Purpose -
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 24.1.3.2 above who is ill or who requires care due
to an unexpected emergency.
24.3 Annual Leave -
24.3.1 An employee may elect,
with the consent of the employer to take annual leave not exceeding ten days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
24.3.2 Access to annual leave,
as prescribed in paragraph 24.3.1 of this subclause, shall be exclusive of any
shutdown period provided for elsewhere under this award.
24.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
24.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
24.4 Time Off in Lieu
of Payment for Overtime -
24.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
24.4.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
24.4.3 If, having elected
to take time as leave in accordance with paragraph 24.4.1 of this subclause,
the leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
24.4.4 Where no election
is made in accordance with the said paragraph 24.4.1, the employee shall be
paid overtime rates in accordance with the award.
24.5 Make-up Time -
24.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
24.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
24.6 Rostered Day Off
(RDO) -
24.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
24.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
24.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
24.6.4 This subclause is
subject to the employer informing each union which is both party to the award and
which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
24.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 24.1.2 and 24.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 24.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
25. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
26. Bereavement Leave
26.1 An employee,
other than a casual employee, shall be entitled to up to three days bereavement
leave in each year of employment without deduction of pay on the death of a
person prescribed in subclause 26.3 of this clause.
26.2 The employee must
notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
26.3 Bereavement leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in paragraph
24.1.3, of subclause 24.1 of clause 24, Personal/Carer’s, provided that for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
26.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which employee has already been granted other leave.
26.5 Bereavement
entitlements for casual employees
26.5.1 Subject to the
evidentiary and notice requirements in 26.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 24.1.3.2 of clause 24, Personal/Carer's
Leave.
26.5.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
26.5.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
27. Jury Service
27.1 If an employee,
other than a casual employee, is required to attend for jury service the
employer will pay the employee the difference between what the employee would
have earned while working for the employer and the amount of jury pay received
by the employee.
27.2 The employee
shall give the employer proof that the employee was on jury service and the
amount received.
27.3 The employee must
tell the employer as soon as the employee knows that the employee is required
for jury service.
28. Blood Donors
If an employee wishes to donate blood, the employee may
do so during working hours without loss of pay provided that:
28.1 The time and day selected
meet with the employer’s convenience and does not unduly disrupt the employer’s
operations.
28.2 The employee is
able to donate blood at a place within five walking minutes of the workplace.
28.3 The employee must
provide the employer with proof that the employee donated blood.
28.4 This entitlement
is limited to a maximum of two hours on no more than three occasions in any one
year of employment.
29. Redundancy and
Technological Change
29.1 Application
29.1.1 This
Clause shall apply in respect to full time and part time persons employed in
the classifications specified by Clause 3, Classification Structure.
29.1.2 In
respect to employers who employ 15 or more employees immediately prior to the
termination of employment of employees, in the terms of Clause 29.5.
29.1.3 Notwithstanding
anything contained elsewhere in this Clause, this Clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such 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.
29.1.4 Notwithstanding
anything contained elsewhere in this Clause, this Clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks, or where employment is
terminated due to the ordinary and customary turnover of labour.
29.2 Introduction of
Change - Employer's Duty to Notify
29.2.1 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 the Union to which they belong.
29.2.2 "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 this award makes provision for alteration,
it shall be deemed not to have significant effect.
29.3 Employer's Duty
to Discuss Change
29.3.1 The
employer shall discuss with the employees affected and the Union to which they
belong, inter alia, the introduction of the changes referred to in subclause
29.2 above, the effects the changes are likely to have on employees and
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
the Union in relation to the changes.
29.3.2 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 29.2
of this Clause.
29.3.3 For the
purpose of such discussions, the employer shall provide to the employees
concerned and the Union to which they belong 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 adversely affect the employer.
29.4 Redundancy -
Discussions Before Terminations
29.4.1 Where
an employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subclause
29.2.1, and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the Union to which they belong.
29.4.2 The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subclause 29.4.1
and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination on the employees concerned.
29.4.3 For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the Union to which they belong 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 employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
29.5 Termination of
Employment - Notice for Changes in Production, Programme, Organisation or
Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
program, organisation or structure, in accordance with subclause 29.2.1.
29.5.1 In
order to terminate the employment of an employee, the employer shall give to
the employee the following notice:
Period of
Continuous Service
|
Period of Notice
|
Less than one year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
29.5.2 In
addition to the notice above, employees over 45 years of age at the time of the
giving of the notice, with not less than two years' continuous service, shall
be entitled to an additional week's notice.
29.5.3 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment may
be terminated by part of the period of notice specified and part payment in
lieu thereof.
29.6 Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subclause 29.2.1 of this award:
29.6.1 In
order to terminate the employment of an employee, the employer shall give to
the employee three months' notice of termination.
29.6.2 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment shall be terminated by part of the period
of notice specified and part payment in lieu thereof.
29.6.3 The
period of notice required by this subclause to be given shall be deemed to be
service with the employer for the purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944, or any Act amending or replacing
either of these Acts.
29.7 Time Off During
the Notice Period
29.7.1 During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
29.7.2 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.
29.8 Employee Leaving
During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this Clause to which the
employee would have been entitled 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.
29.9 Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
29.10 Notice to
Centrelink
Where a decision has been made to terminate employees,
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.
29.11 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by CentreLink.
29.12 Transfer To
Lower-Paid Duties
Where an employee is transferred to lower-paid duties
for reasons set out in subclause 29.2, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee's 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 ordinary-time rates
for the number of weeks of notice still owing.
29.13 Severance Pay
29.13.1 Where an
employee is to be terminated pursuant to subclause 29.5, subject to further order
of the Industrial Relations Commission of New South Wales, the employer shall
pay the employee the following severance pay in respect of a continuous period
of service.
If an employee is under 45 years of age, the employer
shall pay in accordance with the following scale:
Years of service
|
Under 45 years of
age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
29.13.2 Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of service
|
45 years of age and
over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
29.13.3 "Week's
pay" means - the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances paid pursuant to this award.
29.14 Incapacity to Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause 29.13 above.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect of paying the amount of severance pay in subclause
29.13 of this Clause will have on the employer.
29.15 Alternative
Employment
Subject to an application by the employer and further order
of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in subclause 29.13 above if the employer
obtains acceptable alternative employment for an employee.
30. Supported Wage
30.1 Definitions -
30.1.1 "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the supported wage system to perform assessments of an
individual’s productive capacity with the supported wage system.
30.1.2 "Assessment Instrument"
means the form provided for under the supported wage system that records the
assessment of the productive capacity of the person to be employed under the
supported wage system.
30.1.3 "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme.
30.1.4 "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
30.2 Application -
30.2.1 This clause
applies only to employees who are unable to perform the range of duties to the
competence level required within the class of work for which the employee is
engaged, because of the effects of a disability on the employees productive
capacity and who meet the impairment criteria for the receipt of a Disability
Support Pension.
30.2.2 This clause does
not apply to any existing employee who has a claim against the employer which
is subject to the provisions of workers’ compensation legislation.
30.2.3 This clause does
not apply to employers in respect of the employers facility, programme,
undertaking service or the like which receives funding under the Disability
Services Act 1986, and fulfils the dual role of service provider and
sheltered employer to people with disabilities who are in receipt of or are
eligible for a disability support pension, except with respect to an
organisation which has received recognition under section 10 or section 12A of
the said Act, or if a part only has received recognition, that part.
30.3 Wages -
30.3.1 Following the
trail period prescribed in paragraph 30.4.5, of subclause 30.4 of this clause,
employees to whom this clause applies shall be paid the applicable percentage
of the minimum rate of pay for the class of work which the person is performing
according to the following schedule:
Assessed Capacity
Rate
|
% of Rate of Pay
|
|
|
10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
Notation - Where a person’s assessed capacity is ten per
cent, the person shall receive a high degree of assistance and support.
30.3.2 The minimum weekly
ordinary time rate of pay payable to the employee during the trial period shall
be no less than $45.00 per week.
30.3.3 The weekly wage
shall be the rate of pay for all purposes.
30.4 Employment
Conditions -
30.4.1 For the purpose of
establishing the percentage of the award rate to be paid to an employee under
this award, the productive capacity of the employee will be assessed in accordance
with the supported wage system and documented in an assessment instrument by
either:
30.4.1.1 The
employer and the union to which the employee belongs, in consultation with the
employee or, if desired by any of these:
30.4.1.2 The
employer, the employee and an accredited assessor.
30.4.2 Lodgement of
Assessment Instrument -
30.4.2.1 All
assessment instruments under the conditions of this award, including the
appropriate percentage of the award rate to be paid to the employee, shall be
lodged by the employer with the Industrial Registry of the Industrial Relations
Commission of New South Wales.
30.4.2.2 All
assessment instruments shall be agreed and signed by the parties to the
assessment, provided that where the union is not a party to the assessment, it
shall be referred by the Industrial Registry to the union by certified mail and
shall take effect unless an objection is notified to the Industrial Registry
within ten working days.
30.4.3 Review of
Assessment - The assessment of the applicable percentage shall be subject to
annual review or earlier on the basis of a reasonable request for such a
review. The process of review shall be in accordance with the procedures for
assessing capacity under the supported wage system.
30.4.4 Workplace Adjustment
- An employer wishing to employ a person under the provisions of this clause,
shall take reasonable steps to make changes in the workplace to enhance the
employee’s capacity to do the job. Changes may involve redesign of job duties,
working time arrangements and work organisation in consultation with other
employees in the area.
30.4.5 Trial Period -
30.4.5.1 In order
for an adequate assessment of the employee’s capacity to be made, an employer
may employ a person under the provision of this award for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
30.4.5.2 During
the trial period the assessment of capacity shall be undertaken and the
proposed wage rate for a continuing employment relationship shall be
determined.
30.4.5.3 Work
trials should include induction or training as appropriate to the job being
trialled.
30.4.5.4 Where
the employer and employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract
of employment shall be entered into based on the outcome of assessment.
31. Traineeships
31.1 Application
This clause applies only to persons employed in a traineeship
which has been registered with the Relevant NSW Training Authority
31.2 Definitions
31.2.1 A
"traineeship" is a program of training comprising structured training
with an employer, and it will include training conducted by a Registered Training
Organisation that has been approved by the Vocational Education Training
Accreditation Board. For the purposes
of the traineeship, structured training shall mean formal instruction and
closely supervised practice directly related to that instruction that is
undertaken according to the provisions of the training agreement.
31.2.2 A
"training agreement" means an agreement between an employer and a
trainee for registered training and employment which is approved by the
Relevant NSW Training Authority.
31.2.3 A
"trainee" is an employee undertaking a traineeship who is bound by a
training agreement.
31.2.4 "Relevant
NSW Training Authority" means the Department of Education and Training or
its successor organisation.
31.3 Training
Conditions
A trainee undertaking a traineeship shall be engaged as
a full-time employee for a traineeship of a nominal period of one year or as
approved by the Relevant NSW Training Authority, provided that the trainee
shall be subject to a satisfactory probation period of up to one month.
31.4 All Trainees
31.4.1 The
time spent off the job at training shall be allowed without loss of continuity
of employment.
31.4.2 Where
employment of a trainee by an employer is continued after completion of the
traineeship period, the traineeship period shall be counted as service for all
award and statutory entitlements where consistent with relevant legislation.
31.4.3 For the
purposes of the Long Service Leave Act 1955 where an employee has
entered into a contract of employment with an employer within a 12 month period
after the completion of the traineeship with the employer, the period of the
employee’s traineeship with the employer shall be taken into account for the
purposes of ascertaining the period of service of the employee with that
employer under that contract of employment.
31.4.4 Preference
in continuation of employment shall be given to trainees, where possible,
should vacancies occur at the conclusion of the training period.
31.4.5 The
provisions of the Workplace Injury Management and Workers Compensation Act 1998
and the Occupational Health and Safety Act 2000 shall apply to trainees.
31.4.6 It is
acknowledged by the parties to this award that the purpose of the relevant
traineeships is to create education and career opportunities for persons who
would otherwise be unemployed, and to that extent the traineeship systems will
not be utilised by employers as a means of displacing existing regular
employees, whether full-time, part-time or casual.
31.4.7 The
employer shall ensure that the trainee is permitted to attend prescribed
off-the-job training and is provided with on-the-job training approved by the
Relevant State Training Authority.
31.4.8 The
union shall be afforded reasonable access to trainees and the trainees records,
consistent with the Industrial Relations Act 1996.
31.5 Wages
31.5.1 The
weekly wage payable to Trainees shall be calculated by multiplying the hourly
rate applicable to the trainee by 38, less the average weekly training time to be
spent in structured training.
31.5.2 Junior
hourly rates shall be calculated in accordance with Clause 8 - Juniors. The rate for employees 21 years of age and
over shall be calculated at the rate for a Grade 2 employee.
31.5.3 The
average weekly training time to be spent in structured training shall be
calculated by averaging the total number of hours that the trainee, during each
year of employment, spends in structured training over the total number of
weeks in that year of employment under the traineeship.
32. Stand Down
32.1 Refer section 4A
of the Annual Holidays Act 1944.
33. Exhibition of
Award in Workplace
33.1 A copy of this
award must be exhibited in a conspicuous place at the workplace.
34. Employee
Representative and Union Business
34.1 Where there is no
union delegate on site, the employer will recognise any person appointed by a
majority of employees as an employee representative. The employer will not
recognise more than one employee representative for less than 50 persons who are
employed by the employer at any one time. The employer will provide a notice
board in a staff area for the employee representative (who may be a union
delegate) to place notices, including union notices, provided that the notices
do not contain defamatory or offensive material.
35. Exemptions
35.1 For the purpose
of Australasian Conference Association Ltd at Cooranbong the words,
"Friday" (other than in the expression of "Good Friday"),
"Saturday", "Sunday", and "Monday" (other than in
the expression "Easter Monday") wherever appearing in this award, are
to read, respectively as "Thursday", "Friday",
"Saturday" and "Sunday". The hours worked by shift
employees of the Association at Cooranbong from 10.00 p.m. to midnight on
Saturday and/or holidays shall not be considered as worked on Saturday and/or
holidays so as to entitle the employees to Saturday or holiday rates. Where,
however, a shift commences at 10.00 p.m. on the day immediately preceding a
holiday and extends into the holiday the employee shall be entitled to holiday
rates for the whole shift.
35.2 This award shall
not apply to employees of the Sydney Water Corporation or Australian Water
Technologies Pty Ltd.
35.3 The Shell Company
of Australia Limited is hereby exempted from the provisions of clause 15,
Public Holidays, in respect of the picnic day of the Federated Liquor and
Allied Industries Employees’ Union of Australia, New South Wales Branch, as to
its employees employed at Shell House, Carrington Street, Sydney; provided that
such employees are granted a holiday on full pay for the day following Easter
Monday or the first Monday in August each year.
35.4 Clause 14,
Superannuation, does not apply to The Broken Hill Proprietary Company Limited
or Tubemakers of Australia Limited, or any corporation which is a related
corporation (within the meaning of the Companies Act 1981) of either The
Broken Hill Proprietary Company or Tubemakers of Australia Limited.
36. Leave Reserved
36.1 Leave is reserved
to the parties in respect of clause 32 Stand Down.
37. Savings Clause
Any full time or part time employee who, at 16 July
1999, was employed and classified under the provisions of the Canteen &c.
Workers (State) Award shall not suffer any overall reduction in wages and
salary as a result of the making of this award. In this clause ‘an overall
reduction in wages and salary’ means that, when comparing like work pattern
with like work pattern, the gross income of the employee is less under this
award than it would have been if the employee continued to be paid under the
provisions of the award immediately prior to the date of making this award.
Notwithstanding, any employee who transfers at the employee’s request to a site
other than the employees usual site, will cease to have the benefit of this
clause from the date of such transfer.
38. Area, Incidence
and Duration
38.1 This award
rescinds and replaces:
38.1.1 the Canteen
Workers (State) Award published 2 March 1983 and reprinted 15 November 1991
(265 IG 1553), and all variations thereof.
38.1.2 the Canteen
Workers (State) Wages Adjustment Award published 28 February 1997 (296 IG
1009), and all variations thereof.
38.1.3 the Canteen
Workers Redundancy and Technological Change (State) Award published 22 March
1996 (291 IG 475).
38.2 This award shall
apply to employees in restaurants, tea shops, cafeterias or other eating
establishments attached to an/or carried on in connection with factories,
workshops, banks, business premises, or other like establishments where food is
prepared for or served to employees in the State, excluding the County of
Yancowinna, within the jurisdiction of the Restaurant, &c., Employees,
Factories, &c. (State) Industrial Committee.
38.3 This award takes
effect from the beginning of the first pay period to commence on or after 19
July 1999 and shall remain in force for a period of three years.
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 3 October 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wage Rates
GRADE
|
Weekly Rates of Pay
|
|
SWC 2010 (4.25%)
|
|
$
|
1
|
592.20
|
2
|
611.10
|
3
|
639.70
|
4
|
660.50
|
5
|
698.90
|
6
|
746.30
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause
No.
|
Brief Description
|
Amount
|
|
|
|
SWC 2010 (4.25%)
|
|
|
|
$
|
1
|
9
|
Tool Allowance
|
0.76 per week
|
2
|
11
|
Meal Allowance
|
12.29 per week
|
3
|
13
|
First Aid Allowance
|
13.44 per week
|
4
|
19
|
Laundry Allowance:
|
|
|
|
- special clothing requiring ironing
|
3.56 per day to a
|
|
|
|
maximum of 10.68
|
|
|
|
per week
|
|
|
|
|
|
|
- special clothing not requiring ironing
|
2.00 per day to a
|
|
|
|
maximum of 6.03
|
|
|
|
per week
|
Restaurant,
&c., Employees, Factories, &c. (State) Industrial Committee
Industries &
Callings
All employees in restaurants, tea shops, cafeterias, or
other eating establishments attached to and/or carried on in connection with
factories, workshops, banks, business premises, or any other like
establishments where food is prepared or served to employees, in the State,
excluding the County of Yancowinna:
Excepting employees of:
The Broken Hill Proprietary Company Limited;
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
Blue Circle Southern Cement Limited;
The Sydney County Council;
The Council of the City of Newcastle;
The Australian Gas Light Company;
The North Shore Gas Company Ltd;
And excepting:
Employees within the jurisdiction of the Hostel
Employees (State) Industrial Committee, the Special Steels and Steel products
Manufacture (Commonwealth Steel Company Limited) Industrial Committee, the
Tubemakers of Australia Limited, Newcastle Industrial Committee, the County
Councils (Electricity Undertakings) Employees Industrial Committee, the
Smelting, &c (Electrolytic R. & S. Company, &c) Industrial Committee,
the John Lysaght (Australia) Pty Ltd, Newcastle Industrial Committee, the John
Lysaght (Australia) Pty Ltd Port Kembla Industrial Committee, Australian Wire
Industries Pty Ltd - Newcastle Ropery Industrial Committee, the Commonwealth
Steel Company Limited, Unanderra Industrial Committee, the Tubemakers of
Australia Limited Yennora, Industrial Committee; the Smelting and Fertilizer
Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers
Limited) Industrial Committee; the Cement Workers, &c. (State) Industrial
Committee; the Shoalhaven Scheme Industrial Committee; and the Googong Dam
Project Industrial Committee;
And excepting:
Persons employed in or by The United Dental Hospital of
Sydney.
____________________
Printed by
the authority of the Industrial Registrar.