(142)

SERIAL B9566

 

COACHMAKERS, &C., RAIL STATE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5242 of 1999)

 

Before the Honourable Mr Justice Maidment

16 December 1999

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Contract of Employment

2.         Payment of Wages

3.         Wage Rates - Adults

4.         Leading Hands Allowance

5.         Supplementary Payments

6.         Hours of Work

7.         Implementation of the 38-Hour Week

8.         Procedures for In-plant Discussions

9.         Shift Work

10.       Structural Efficiency

11.       Junior Employees Other Than Apprentices

12.       Apprenticeship

13.       Adult Apprenticeship

14.       Meal Breaks

15.       Overtime, Saturday, Sunday and Holiday Rates

16.       Crib Time

17.       Meal Money

18.       Special Rates and Allowances

19.       Redundancy and Retrenchment Provisions

20.       Tool Allowance - Tradespersons and Apprentices

21.       Mixed Functions

22.       Holidays

23.       Annual Leave

24.       Annual Leave Loading

25.       Sick Leave

26.       State/Personal Carer's Leave Case - August 1996

27.       Long Service Leave

28.       Bereavement Leave

29.       Piece or Bonus Work

30.       Traineeships

31.       Labour Flexibility

32.       Grievance Procedure

33.       Anti-Discrimination

34        Travelling Time, Accommodation and Meals

35.       Jury Service

36.       Clothing, Equipment, Washing Time and Tools

37.       Time and Wages Record

38.       Right of Entry

39.       Training

40.       Superannuation

41.       No Extra Claims

42.       Outline of Classification Structure

43.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

 

PART A

 

1.  Contract of Employment

 

Weekly or Casual Hire -

 

(a)        Except as hereinafter provided, employment shall be by the week. An employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

An employee, other than a casual engaged for the first time shall, for the first three weeks of such engagement, be employed on a probationary basis from day to day at the appropriate weekly rate fixed by this award and terminable on a day's notice.

 

(b)        Performance of Work - An employee shall perform such work under this award as his/her employer shall, from time to time, reasonably require.

 

(c)        Absence from Duty -

 

(i)         An employee failing to attend for duty shall not be entitled to pay for the time of such non‑attendance except as provided for in clauses 22, Holidays, 23, Annual Leave, 25, Sick Leave, 27, Long Service Leave, 28, Bereavement Leave, and 35, Jury Service, permitted by this award.

 

(ii)        Where an employee is absent from work for up to 30 minutes on any day which does not entitle the employee to payment of wages, the employer and employee can agree that such absence can be made up with work after/or before normal commencing times, up to the equivalent of the said absence which will not be subject to overtime or other penalty rates.

 

(d)        Termination of Employment -

 

(i)         Notice of Termination by Employer - An employee, other than a casual engaged for the first time shall, for the first three weeks of such engagement, be employed on a probationary basis from day to day at the appropriate weekly rate fixed by this award and terminable on a day's notice. Provided that an employee who has previously served a probationary period of three weeks shall not be employed for a second probationary period by the same employer.

 

(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 1 year	1 week
1 year and up to the completion of 3 years	2 weeks
3 years and up to the completion of 5 years	3 weeks
5 years and over	4 weeks

 

(2)        In addition to the notice set out in subparagraph (1) of this paragraph, employees over 45 years of age at the time of the giving of the notice with not less than two years of continuous service, shall be entitled to an additional week's notice.

 

(3)        For the purposes of this subclause, such notice may be given at any time but shall expire at the ordinary finishing time of a working day or shift. Notice given before the commencement of a day's work or shift shall be deemed to have been given at the end of the previous day's work or shift, and notice given during a day's work or shift shall be deemed to be given at the end of that day's work or shift.

 

(4)        Where an employer gives an employee notice of termination of employment, the parties may mutually agree to the employment ending at the time after the giving of the notice and before expiration of the period of the notice and, in such a case, wages shall be paid only up to the time of the agreed termination.

 

(5)        Payment in lieu of the notice prescribed in subparagraph (1) and/or subparagraph (2) of this paragraph 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.

 

(6)        In calculating any payment in lieu of notice an employee shall be paid the appropriate wages at the rate applicable as prescribed by clauses 3, Wage Rates - Adults, 11, Junior Employees Other Than Apprentices, 12, Apprenticeship and 13, Adult Apprenticeship whichever is appropriate to the employee.

 

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

 

(8)        Where an employer gives an employee notice of termination of employment, the employee shall, at any time after having been given such notice, be entitled to give notice to the employer of the termination of  employment but in such circumstances the employee shall pay or forfeit wages for the balance of the notice period.

 

(9)        Subject to subparagraphs (7) and (8) of this paragraph where an employer has given notice to an employee as aforesaid, the employee shall continue in employment until the date of the expiration of such notice.

 

(10)      For the purpose of this clause continuity of service shall be calculated in the manner prescribed by the Long Service Leave Act 1955.

 

(ii)        Notice of Termination by Employee -

 

(1)        The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

 

(2)        For the purposes of this subclause, such notice may be given at any time but shall expire at the ordinary finishing time of a working day or shift. Notice given before the commencement of a day's work or shift shall be deemed to have been given at the end of the previous day's work or shift, and notice given during a day's work or shift shall be deemed to have been given at the end of that day's work or shift.

 

(3)        If an employee fails to give or work out the appropriate notice, the employer shall have the right to withhold moneys due to the employee, with a maximum amount equal to the ordinary time rate of pay for the period or balance of notice.

 

(4)        Where an employee gives notice of the termination of employment, the parties may mutually agree to the employment ending at any time after the giving of the notice and, in such a case, wages shall be paid only up to the time of the agreed termination.

 

(5)        Where an employee has given notice of the termination of  employment, the employee shall, at any time after giving such notice, be entitled to give notice to the employer of the immediate termination of employment but in such case the employee shall pay or forfeit wages for the balance of the balance of the notice period.

 

(6)        Subject to subparagraphs (4) and (5) of this paragraph where an employee has given notice as aforesaid the employee shall continue in employment until the expiration of such notice notwithstanding the provisions of subparagraph (3) of this paragraph.  An employee who having given notice as aforesaid, absents himself/herself from work during such notice period without reasonable cause (proof whereof shall be upon the employee) shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that notice period.

 

(7)        For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by the Long Service Leave Act 1955.

 

(iii)       Time Off During Notice Period - Where an employer has given notice of termination to an employee, an employee shall be allowed up to seven hours and 36 minutes time off, during each week without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

(iv)       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 employment and the classification of or the type of work performed by the employee.

 

(v)        Summary Dismissal - Notwithstanding the provision of subparagraph (1) of paragraph (i) of this subclause, the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

(vi)       Unfair Dismissal - Termination of employment by an employer shall not be harsh, unjust, or unreasonable.

 

For the purpose of this clause, termination of employment shall include terminations with or without notice.

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

 

(vii)      Disputes Settlement Procedure - Unfair Dismissal - Subject to the provisions of the Industrial Relations Act 1996, any dispute or claim arising under paragraph (vi) of subclause (d) of this clause should be dealt with in the following manner:

 

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

 

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

 

(3)        If the matter is not settled it shall be submitted to the Industrial Relations Commission of New South Wales which shall endeavour to resolve the issue between the parties by conciliation.

 

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

 

(e)      (i)          Casual Employment - A casual employee is one engaged and paid as such. The maximum period for which a casual employee can work continuously on a full‑time basis (i.e., the total daily and weekly hours elsewhere prescribed in this award) shall be one month. In any case where such full‑time employment extends beyond one month, the employee shall thereafter be deemed to be employed by the week.

 

(ii)        A casual employee for working ordinary time shall be paid per hour one thirty‑eighth of the weekly rate prescribed by this award for the work which he or she performs plus 15 per cent.

 

NOTE:  In this award, unless the contrary intention appears, words importing the masculine gender shall include females.

 

2.  Payment of Wages

 

(a)      (i)          All wages shall be paid weekly, or with the agreement of the majority of employees working under the terms of this award, fortnightly. Such wages shall be paid in cash, or with the agreement of the majority of employees working under the terms of this award, by cheque or direct transfer into a bank account or financial institution nominated by the employee. Where wages are paid by direct transfer, the employer will pay any bank or other financial institutions charges associated with such method of payment.

 

(ii)        Further, an employer and an employee may agree that an employee's wages may be paid by cheque or by direct transfer into the bank account or other financial institution nominated by the employee. Where wages are paid by direct transfer, the employer will pay any bank or other financial institution charges associated with such method of payment.

 

(iii)       From the beginning of the first pay period to commence on or after 1 October 1988 wages shall be paid as follows:

 

(1)        In the case of an employee whose ordinary hours of work are arranged in accordance with clauses 6, Hours of Work, and 7, Implementation of the 38-Hour Week, so that the employee works up to 38 ordinary hours per week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week.

 

(2)        In the case of an employee whose ordinary hours of work are arranged in accordance with the said clauses 6 and 7 so that the employee works up to an average of 38 ordinary hours each week during a work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 may be worked in a work cycle.

 

(b)        An established pay day and/or pay period shall not be changed except by not less than four weeks' notice by the employer to the employees.

 

(c)        Wages shall be paid in the employer's time not later than Thursday in any pay week, provided that wages shall be paid if possible not later than Wednesday in a week in which a holiday falls on the Thursday or Friday.

 

(d)        Where wages are paid after 1.30 p.m. on pay day the employer shall not keep more pay in hand than has accrued to an employee in respect of work performed by him/her on such pay day and the preceding day. Where wages are paid before 1.30 p.m. on pay day the employer shall not keep more pay in hand than has accrued to an employee in respect of work performed by him/her on such pay day and the two preceding days.

 

(e)        Upon termination of the employment, the employer shall pay wages due to an employee:

 

(i)         on the day of such termination; or

 

(ii)        by forwarding such wages to him/her by post on the next working day; or

 

(iii)       at the employer's place of business on a stated day not later than seven days after such termination.

 

If the employer requires the employee to visit such place of business to collect his/her wages then, in addition to the amount of moneys due, the employer shall pay the employee an additional four hours' ordinary pay.

 

(f)         An employer may deduct from, and pay on behalf of an employee, moneys due to an employee such amount as is authorised in writing by the employee provided that at any time an employee can give written notice of withdrawal of such authority.

 

(g)        On or prior to pay day an employer shall state to each employee in writing the total amount of wages to which he/she is entitled, the amount of overtime included therein, details of any deductions made therefrom and the net amount being paid to him/her.

 

3.  Wage Rates - Adults

 

(i)         An adult employee of a classification specified hereunder shall be paid for the appropriate period the weekly wage as specified in Table 1 - Wages and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(a)        Schedule of Classifications and Wage Groups and Percentage of Trade Rate:

 

V10	Rail Vehicle Tradesperson	110
Level III.
V9	Rail Vehicle Tradesperson	105
Level II.
V8	Rail Vehicle Tradesperson	100
Level I.
V7	Rail Vehicle Tradesperson	100
Level I.
V6	Rail Vehicle Tradesperson	100
Level I.
V5	Rail Vehicle Tradesperson	100
Level I.
V4	Rail Vehicle Production	92.4
Employee Level IV.
V3	Rail Vehicle Production	87.4
Employee Level III.
V2	Rail Vehicle Production	82
Employee Level II.
V1	Rail Vehicle Production	78
Employee Level I.

 

4.  Leading Hands Allowance

 

(a)        In addition to rates elsewhere prescribed in this award, leading hands shall be paid as follows:

 

(i)         In charge of not less than three and not more than ten employees.

 

(ii)        In charge of not less than ten and not more than 20 employees.

 

(iii)       In charge of more than 20 employees.

 

As per Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

5.  Supplementary Payments

 

(a)        The supplementary payments as presented in Table 3 - Supplementary Payments, of Part B, Monetary Rates, shall to the extent of the amounts shown be absorbed into the overaward payments being paid as at 18 December 1981 (NOTE:  See IRC No. 96/2046 published 13/12/96 (295 I.G. 1411)).

 

(b)        In circumstances where award wages are to be increased as a result of a State Wage Case decision the amount of the increase shall be calculated and applied to the wages schedule prescribed in Table 1 - Wages, of Part B, Monetary Rates as follows:

 

(c)        Whenever the State Wage Case decision provides that award wages be increased by a flat money amount, a percentage, or a combination of a flat money amount and percentage, the base rate and the award wage shall be increased by adding the same flat amount and/or applying the same percentage. The supplementary payment shall be calculated by deducting the new base rate from the new award wage and any increase which may result in the supplementary payment should not reduce the level of overaward payment.

 

(d)        The supplementary payments shown in the said Table 3 are inclusive of the arbitrated safety net adjustment in accordance with the December 1993 State Wage Case Decision (NOTE:  See IRC No. 96/2046 published 13/12/96 (295 I.G. 1411)).

 

(e)        The rates of pay in the this award include the Second Arbitrated Safety Net Adjustment payable under the State Wage Case December 1994 decision.  This Second Arbitrated Safety Net Adjustment may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991.  Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

(f)         The rates of pay in this award include the Third Arbitrated Safety Net Adjustment payable under the State Wage Case - 1994 decision. This Third Arbitrated Safety Net Adjustment may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

(g)        The rates of pay in this award include the adjustments payable under the State Wage Case 2000.  These adjustments may be offset against:

 

(A)       any equivalent overaward payments, and/or

 

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

 

6.  Hours of Work

 

(a)        Day Workers - Subject to clause 7, Implementation of the 38‑hour Week, and clause 8, Procedures for In‑plant Discussions, and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

 

(i)         38 hours within a work cycle not exceeding seven consecutive days; or

 

(ii)        76 hours within a work cycle not exceeding 14 consecutive days; or

 

(iii)       114 hours within a work cycle not exceeding 21 consecutive days; or

 

(iv)       152 hours within a work cycle not exceeding 28 consecutive days.

 

(v)        For the purpose of subclause (a) of clause 7, Implementation of the 38-Hour Week, any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with the said clause 7.

 

(vi)       The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.

 

(vii)      The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer, between 6.00 a.m. and 6.00 p.m.; provided that the spread of hours may be altered by mutual agreement between an employer and the majority of employees in the plant or section or sections concerned.

 

Provided further that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purposes of this subclause to be part of the ordinary hours of work.

 

(viii)     The ordinary hours of work prescribed herein shall not exceed ten on any day.  Provided that:

 

(i)         In any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the plant or work section or sections concerned.

 

(ii)        By arrangement between an employer, the union and the majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

 

(1)        the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-hour shifts;

 

(2)        proper health monitoring procedures being introduced;

 

(3)        suitable roster arrangements being made; and

 

(4)        proper supervision being provided.

 

7.  Implementation of the 38-Hour Week

 

(a)        Ordinary hours of work shall be an average of 38 per week as provided in clause 6, Hours of Work, and clause 9, Shift Work.

 

(b)        Except as provided in subclauses (e) and (f) of this clause, the method of implementation of the 38-hour week may be any one of the following:

 

(i)         by employees working less than eight ordinary hours each day; or

 

(ii)        by employees working less than eight ordinary hours on one or more days each week; or

 

(iii)       by fixing one weekday on which all employees shall be off during a particular work cycle; or

 

(iv)       by rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

 

(c)        In each plant an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

 

(d)        In the absence of agreement at plant level in respect to the implementation of a 38-hour week, the following procedure shall be applied without delay:

 

(i)         Consultation shall take place within the particular establishment concerned.

 

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

 

(iii)       In the absence of agreement either party may refer the matter to the Industrial Relations Commission of New South Wales for resolution.

 

(e)        Subject to the provisions of paragraph (viii) of subclause (a) of clause 6, Hours of Work, and paragraph (i) of subclause (b) of clause 9, Shift Work, the employer and the majority of employees in the plant or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

 

(f)         Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

 

(g)        Notice of Days Off - Except as provided in subclauses (h) and (j) of this clause, in cases where, by virtue of the arrangements of ordinary hours, an employee in accordance with paragraphs (iii) and (iv) of subclause (b) hereof, is entitled to a day off during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday he/she is to take off; provided that a lesser period of notice may be agreed to by the employer and the majority of employees in the plant or section or sections concerned.

 

(h)        Substitute Days -

 

(i)         An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraphs (iii) and (iv) of subclause (b) of this clause for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

(ii)        An individual employee, with the agreement of his/her employer, may substitute the day he is to take off for another day.

 

(i)         Flexibility in relation to rostered days off - Notwithstanding any other provision in this clause where the hours of work of an establishment, plant or section are organised in accordance with paragraph (iii) of subclause (b).

 

(i)         An employer, the union concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

 

(ii)        Where such agreement has been reached the accrued rostered days off must be taken within 12 months from 1 January 1990 and each 12 months thereafter.

 

(iii)       It is understood between the parties that the involvement of the union concerned would be necessary in cases where it or they have members in the plants concerned and not in non‑union establishments.

 

8.  Procedures for In-plant Discussions

 

(a)        Procedures shall be established for in‑plant discussion, the objective being to agree on the method of implementing a 38-hour week in accordance with clauses 6, Hours of Work, and 7, Implementation of the 38-Hour Week, and entailing an objective review of current practices to establish where improvements can be made and implemented.

 

(b)        The procedures should make suggestions as to the recording of understandings reached, methods of communicating agreements and understanding to all employees, including the overcoming of language difficulties.

 

(c)        The procedures should allow for the monitoring of agreements and understandings reached in‑plant.

 

(d)        In cases where agreement cannot be reached in‑plant in the first instance in the implementation of the 38-hour week or when problems arise from initial agreements or understandings have been achieved in‑plant, a formal monitoring procedure shall apply. The basic steps in the procedure shall be as prescribed in subclause (d) of the said clause 7.

 

(e)        Separate to these procedures the employer organisations may provide assistance and guidance to their members on the subject matters to be dealt with in in-plant discussions and on other relevant matters.

 

9. Shift Work

 

(a)        Definitions - For the purpose of this clause - "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

"Continuous Work" means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

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

 

"Rostered Shift" means a shift of which the employee concerned has had at least 48 hours' notice.

 

(b)        Hours - Continuous Work Shifts - This subclause shall apply to shift workers on continuous work as hereinbefore defined. The ordinary hours for shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

 

Subject to the following conditions, such shift workers shall work at such time as the employer may require.

 

(i)         A shift shall consist of not more than ten hours inclusive of crib time. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

 

(ii)        By agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

 

(1)        The employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-hour shifts.

 

(2)        Proper health and monitoring procedures being introduced.

 

(3)        Suitable roster arrangements being made.

 

(4)        Proper supervision being provided.

 

(iii)       Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

(iv)       20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.

 

(c)        Hours - Other than Continuous Work - This subclause shall apply to shift workers not on continuous work as hereinbefore defined. Subject to clause 7, Implementation of the 38-hour Week, and clause 8, Procedures for In‑plant Discussions, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

 

(i)         38 hours within a period not exceeding seven consecutive days;  or

 

(ii)        76 hours within a period not exceeding 14 consecutive days;  or

 

(iii)       114 hours within a period not exceeding 21 consecutive days;  or

 

(iv)       152 hours within a period not exceeding 28 consecutive days.

 

The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

Provided that the ordinary hours of work prescribed herein shall not exceed ten on any day. Provided further that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

 

(v)        By agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

 

(a)        the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-hour shifts;

 

(b)       proper health and monitoring procedures being introduced;

 

(c)        suitable roster arrangements being made;

 

(d)       proper supervision being provided.

 

(d)        Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

(e)        Variation By Agreement - Subject to subclauses (b) and (c) of this clause the method of working shifts in any case shall be varied by agreement between the employer and the majority of employees concerned.

 

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

 

(f)         Afternoon or Night Shift Allowance -‑

 

(i)         A shift worker while on afternoon or night shift shall be paid for such shift 15 per cent more than his/her ordinary rate.

 

(ii)        A shift worker who works on an afternoon or night shift which does not continue:

 

(a)        for at least five successive afternoons or nights in a five-day workshop or six successive afternoons or nights in a six‑day workshop; or

 

(b)       for at least the number of ordinary hours prescribed by one of the alternative arrangements in the said subclauses (b) or (c);

 

shall be paid for each such shift 50 per cent for the first three hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

 

(iii)       An employee who -

 

(a)        during a period of engagement on shift, works night shift only;  or

 

(b)       remains on night shift for a longer period than four consecutive weeks;  or

 

(c)        works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one‑third of his/her working time off night shift in each shift cycle, shall during such engagement, period or cycle be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.

 

(g)        Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums in subclause (f) of this clause.

 

(h)        Overtime - Shift workers for all time worked in excess or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:

 

(i)         if employed on continuous work be paid at the rate of double time; or

 

(ii)        if employed on other shift work be paid at the rate of time and a half for the first two hours and double time thereafter, except in each case when the time is worked:

 

(iii)       by arrangement between the employees themselves;

 

(iv)       for the purpose of effecting the customary rotation of shifts; or

 

provided that when not less than seven hours 36 minutes' notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve and is required to continue to work on his/her rostered day off the unrelieved employee shall be paid double time.

 

(i)         Sundays and Holidays - Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday or holiday shall be paid as follows:

 

(i)         Sundays - at the rate of double time.

 

(ii)        Holidays as prescribed by clause 22, Holidays - at the rate of double time.

 

Shift workers, other than continuous work for all time worked on a Sunday or holiday, shall be paid at the rates prescribed by clause 15, Overtime, Saturday, Sunday and Holiday Rates and clause 22, Holidays.  Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.

 

Where shifts fall partly on a holiday and partly on another day (duty on which is payable at ordinary rates), one shift only shall be observed as the holiday shift provided that the shift, the major portion of which is performed on the holiday, shall be regarded as the holiday shift.

 

(j)         Daylight Saving - Notwithstanding anything contained in this award, in any area where by reason of the legislation of a State summer time is prescribed as being in advance of the standard time of that State the presented length of any shift:

 

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

 

(ii)        commencing on or before the time prescribed by such legislation for the termination of a summer time period;

 

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

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

 

10.  Structural Efficiency

 

(i)         The parties to this award are committed to co‑operating positively to increase the efficiency, productivity and international competitiveness of the industry and to enhance the career opportunities and job security of employees in the industry.

 

(ii)        At each plant or enterprise, an employer, the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees, union or unions for consideration consistent with the objectives of subclause (i) of this clause shall be processed through that consultative mechanism and procedures.

 

(iii)       Measures raised for consideration consistent with subclause (ii) of this clause shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and, subject to clause 39, Training.

 

(iv)       Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be notified to the Industrial Relations Commission of New South Wales and by agreement of the parties involved shall be implemented subject to the following requirements:

 

(a)        The changes sought shall not affect provisions reflecting national standards.

 

(b)        The majority of employees affected by the change at the plant or enterprise must genuinely agree to the change.

 

(c)        No employee shall lose income as a result of the change.

 

(d)        The relevant union must be party to the agreement.

 

(e)        The relevant union shall not unreasonably oppose any agreement.

 

(f)         Any agreement shall be subject to approval by the Industrial Relations Commission of New South Wales and, if approved, shall operate as a schedule to this award and take precedence over any provision of this award to the extent of any inconsistency.

 

(v)        Any disputes arising in relation to the implementation of subclauses (ii) and (iii) of this clause shall be subject to the provisions of subclause (a) of clause 32, Grievance Procedure.

 

11.  Junior Employees Other Than Apprentices

 

(a)        Except as provided in subclause (e) of this clause and subject to clause 12, Apprenticeship, unapprenticed junior workers may be employed in any occupation covered by this award.

 

(b)      (i)          The minimum weekly wage rate for an unapprenticed junior employee shall be an amount equal to the relevant percentage of the ordinary weekly wage prescribed by this award for a Vehicle Production Worker Level II as set out in (b) of Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        The percentages shall be calculated in multiples of ten cents, amounts less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.

 

(c)        Proof of Age - An employee whom the employer has reasonable grounds for suspecting is under the age of 21 years shall, if required, furnish proof of age by means of a birth certificate or other proof satisfactory to the employer or statutory declaration by parent or guardian. The employer shall be entitled to rely upon such proof.

 

(d)        Prohibited Work - A junior employee shall not be employed:

 

(i)         If under the age of 16 years - on oil or gas burners or fires used for heating of small articles, or using electric arc or oxy‑acetylene blow pipe.

 

12.  Apprenticeship

 

(a)      (i)          An employer shall not employ minors in the following trades or occupations otherwise than under a contract of apprenticeship as hereinafter provided:

 

(1)        bodymaker - 1st class;

(2)        car and carriage builder;

(3)        painter - tradesperson;

(4)        signwriter;

(5)        smith, including coach smith, spring maker and fitter, wheelwright smith and general smith;

(6)        panel beater - 1st Class;

(7)        trimmer tradesperson;

(8)        welder - tradesperson;

(9)        wood‑turner and woodwork machinist - 1st Class.

 

(ii)        Nothing in this subclause shall in any way control, restrict or prohibit the engagement of a minor as an apprentice in any other trade which may from time to time be proclaimed, specified or prescribed as an apprenticeship trade.

 

Indentured Apprentices -

 

(1)        Within 14 days of employment of a probationer the employer shall notify the Commissioner for Vocational Training thereof and apply in the form prescribed for  approval to establish an apprenticeship.

 

(2)        On receipt of a notification and application pursuant to subparagraph (1), the Commissioner shall cause inquiries to be made as to whether approval should be given to the application and may approve of the application or refer the application to the Vocational Training Board which may approve the application or make such order as it considers appropriate to the particular case, including an order that the probationer be no longer employed by the applicant.

 

(3)        Where an application under subparagraph (1) has been approved the Commissioner shall notify the applicant accordingly and, on the expiration of the period of probation or as soon as practicable thereafter, shall forward an indenture of apprenticeship to the employer for completion.

 

(4)        An employer to whom an indenture of apprenticeship is forwarded for completion shall arrange for the completion and return thereof to the Commissioner who shall retain the indenture during the term of apprenticeship to which it relates.

 

 

(5)        During the period of probation, whether or not a notification of the employment of the probationer has been forwarded to the Commissioner, the terms of an award applying to apprentices in the industry in which the probationer is employed shall, with the necessary changes, apply to and in respect of the employment of the probationer during the probationary period as if he/she were an apprentice.

 

(6)        An employer who terminates the employment of a probationer shall forthwith notify the Commissioner, in writing, of that termination.

 

(b)        Contract of Employment -

 

(i)         Every contract of apprenticeship made after the publication of this award shall be in accordance with the Industrial and Commercial Training Act 1989.

 

(ii)        An employer, apprentice or probationer, shall have the right to make application to the Apprenticeship Vocational Training Board on any matter affecting the apprenticeship.

 

(iii)       Subject to the approval of the Apprenticeship Vocational Training Board, but not otherwise, an employer may transfer an apprentice and place the apprentice temporarily with another employer for training purposes.

 

(iv)       An employer of a probationer apprentice shall advise the probationer and his/her parents or guardian of the intention to proceed or not with the indenturing at least two weeks before the expiry date of the probation period.

 

(c)        Proportion -

 

(i)         Unless otherwise agreed between the employer and a representative of the union or the apprenticeship authority, in the case of disagreement the proportion of apprentices that may be taken by an employer shall be one apprentice to every two or fraction of two tradespersons in each section of the industry.

 

(ii)        The number of tradespersons shall be deemed to be the average number working within the trade classification during the immediate preceding six months.

 

(iii)       A person who, for a period not exceeding two years, is taking practical training in a workshop in continuance of a course of training for professional work, shall not be taken into account in calculating the proportion of apprentices to tradespersons.

 

(d)        Form of Apprenticeship -

 

(i)         The term of apprenticeship shall be for a period of four years calculated from the commencement of the probationary period.

 

(ii)        The apprentice, at the end of the calendar period of any year in which the apprentice has given service to the employer upon less than the ordinary working days prescribed in the award for the trade or on which the apprentice has unlawfully absented himself/herself without the employer's consent, may, for every day short of the said number of working days and for every day of each absence, be required by the employer to serve one day in which case the calendar period of the succeeding year of his/her services shall not be deemed to begin until the said additional day or days shall have been served; provided that, in calculating the extra time to be so served, the apprentice shall be credited with time which has been worked during the relevant year in excess of the ordinary hours.

 

(iii)       The employer shall, in addition to the obligations prescribed in paragraph (ii) of this subclause, notify the appropriate apprenticeship authority in writing of the intention to require the apprentice to serve an additional day for each day not served within the year.

 

(e)        Credits - If the apprentice when indentured is under the age of 21 years and the Vocational Training Board is satisfied that the apprentice -

 

(i)         has had experience relevant to the trade concerned by having successfully completed a pre‑apprenticeship trade course in any one of the trades referred to in clause 12, Apprenticeship, at a recognised technical college and who is indentured to that trade shall be credited with six months for successful completion of Stage I, and 12 months for successful completion of Stages I and II of the corresponding trade.

 

(ii)        For the purposes of determining wages payable to an apprentice under this award for a four-year term the credit to which an apprentice is entitled or granted pursuant to paragraph (i) of this subclause shall be counted as part of the apprenticeship term completed.

 

(iii)       Where an apprentice who received a credit towards the period of apprenticeship pursuant to this subclause fails, in the opinion of the Vocational Training Board, to make satisfactory progress, the Vocational Training Board may require the apprentice to serve such additional period as it determines, not exceeding the amount of the credit.

 

(f)         Probationary Period - A person desirous of becoming an indentured apprentice shall be first employed as a probationer apprentice for three months, or for such longer period, not exceeding six months in all, as the apprenticeship authority may, on application by the employer, approve and where a probationer becomes an indentured apprentice, the probationary period shall be counted as part of the term of apprenticeship. An employer shall, within 14 days of employing a probationer, notify the appropriate apprenticeship authority of the employment of such probationer to any of the trades mentioned herein.

 

(g)        Dismissal, Suspension, Termination -

 

(i)         On the signing of the indenture of apprenticeship by all parties thereto, the employer party to the indenture shall neither dismiss or suspend the apprentice without the approval of the  -

 

(a)        Apprenticeship Vocational Training Board in the case of dismissal; or

 

(b)       Apprenticeship Vocational Training Board in the case of suspension; or

 

(c)        by the mutual consent of the parties where the employer is unable to find suitable employment for an apprentice caused through the lack of orders or financial difficulties following notification to the Commissioner for Vocational Training.

 

(ii)        Any covenant in an indenture inconsistent with the provisions of this clause shall be null and void and of no force or effect while this award remains in force and applies to the parties of the indenture.

 

(h)        Instruction in Welding - The training of apprentices shall include instruction in electric welding and/or oxy‑acetylene welding or other forms of welding developed for the fusion of metal and/or other material, as far as it is practicable, with the facilities in the establishment in which they are being trained.

 

(i)         Wages -

 

(i)         Except as provided in paragraph (iii) of this subclause the minimum weekly rate of wage for apprentices shall be an amount equal to the relevant percentage of the ordinary weekly wage prescribed by this award for Car and Carriage Builder as set out in (c) of Table 1 - Wages, of Part B, Monetary Rates and, in all contracts of apprenticeship hereinafter made, the employer shall covenant to pay not less than such rate.

 

(ii)        The percentages shall be calculated in multiples of ten cents, amounts of five cents or more being taken to the higher multiple and amounts of less than five cents being taken to the lower multiple.

 

(iii)       An employee who is under 21 years of age at the expiration of the apprenticeship and thereafter works as a minor in the occupation to which he/she has been apprenticed shall be paid at not less than the adult rate prescribed by this award for that classification.

 

(j)         Hours -

 

(i)         The ordinary hours of employment of apprentices shall not in each workshop exceed those of the tradesperson.

 

(ii)        Holidays, Annual Leave, Sick Leave and Bereavement Leave - An apprentice shall be entitled to holidays, annual leave, sick leave, bereavement leave and jury service in accordance with the provisions of clauses 22, Holidays, 23, Annual Leave, 24, Annual Leave Loading, 25, Sick Leave, 28, Bereavement Leave, and 35, Jury Service, respectively.

 

(iii)       Payment by Results - An apprentice shall not work under any system of payments by results.

 

(k)        Computation of Time Spent in Classes - Any time occupied by an apprentice during work hours, in attendance at a technical college or in carrying out a correspondence course as required by the terms of an award (including time actually spent in travelling to and from a technical college) shall -

 

(i)         be counted as and included as part of his/her term of apprenticeship;  and

 

(ii)        shall be deemed to be time worked for the purpose of calculating wages to be paid to him/her under any award.

 

(l)         Apprenticeship Authority - Definition - For the purpose of this clause, "apprenticeship authority" shall mean the Apprenticeship Vocational Training Board.

 

13. Adult Apprenticeship

 

(a)        Definitions - An "adult apprentice" means a person of 21 years of age or over at the time of entering into an indenture to one of the trades in clause 12, Apprenticeship.

 

(b)        Contract of Indenture -

 

(i)         A suitable contract of indenture shall be drawn up between the adult apprentice and the employer stipulating:

 

(1)        the names of the parties;

 

(2)        a statement of the trade to which the adult apprentice is to be bound and which he or she is to be taught during the course and for the purpose of the apprenticeship;

 

(3)        the duration of the contract;

 

(4)        the credits to be granted in accordance with paragraph (ii) of this subclause;

 

(5)        the details of the training to be successfully completed in order to gain recognition as a tradesperson;

(6)        a covenant by the employee to teach and instruct or cause the adult apprentice to be taught or instructed in the trade to which the adult apprentice is bound;

 

(7)        a covenant that for the duration of the contract of indenture the adult apprentice shall be of good conduct and shall diligently pursue his/her course of instruction;

 

(8)        the date on which the apprenticeship is to commence or from which it is to be calculated;

 

(9)        all other conditions of apprenticeship.

 

(ii)        The training to be completed by an adult apprentice under a contract of indenture will be determined by the relevant State Training Authority through its approved agencies based upon training credits being granted for the relevant work experience and educational standard obtained by the apprentice.

 

(c)        Wage Rate -

 

(i)         Where a person was employed by an employer in the vehicle or metal and engineering industry immediately prior to becoming an adult apprentice with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.

 

For the purposes of fixing a rate of pay the adult apprentice shall continue to receive the rate of pay that is from time to time applicable to the classification or class of work specified in clause 3, Wage Rates - Adults and in which the adult apprentice was engaged immediately prior to entering into the contract of indenture.

 

(ii)        Subject to paragraph (i) of this subclause the rate of pay of an adult apprentice shall be the wage prescribed by Table 1 - Wages, of Part B, Monetary Rates except where such a rate is lower than the rate of the corresponding year for an apprentice.

 

(d)        Proportion - An adult apprentice shall not be taken into account in determining the ratio of apprentices to tradespersons.

 

(e)        Preference -

 

(i)         Preference of employment as an adult apprentice should be given to an applicant who is currently employed by the employer so as to provide for genuine career path development.

 

(ii)        Adult apprentices shall not be employed at the expense of other apprentices.

 

14.  Meal Breaks

 

(i)         An employee shall not be required to work for more than five hours without a break for a meal.  Provided that:

 

(a)        in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee shall not be required to work for more than six hours without a break for a meal; and

 

(b)        by agreement between an employer and the majority of employees in the plant, work section or sections concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

 

(ii)        The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(iii)       An employer may stagger the time of taking a meal and rest break to meet operational requirements.

 

(iv)       Subject to the provision of subclause (i) of this clause, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while such plant is idle.

 

(v)        Except as provided in subclauses (i) and (iv) of this clause, and except where any alternative arrangement is entered into as a result of in‑plant discussions as provided in clause 8, Procedures for In-plant Discussions, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

 

15.  Overtime, Saturday, Sunday and Holiday Rates

 

(a)        Work done in excess of or outside the ordinary working hours prescribed by this award or outside an employee's rostered starting and finishing time, or on a shift other than a rostered shift, shall be paid for at the rate of time and one-half for the first two hours on any one day or shift and at the rate of double time thereafter, such double time to continue until the completion of overtime worked, except when the time is worked:

 

(i)         by arrangement between the employees themselves; or

 

(ii)        for the purpose of effecting the customary rotation of shifts.

 

(b)        (i)       For the purpose of this clause ordinary hours shall mean the hours of work fixed in an establishment in accordance with clauses 6, Hours of Work, 7, Implementation of the 38-Hour Week, and 9, Shift Work.

 

(c)        Extra Rates not Cumulative - The extra rates prescribed by subclause (a) of this clause are in substitution for and not cumulative upon the shift work rates prescribed by clause 9, Shift Work.

 

(d)        Rest Period before Recommencing Work - When overtime work is necessary it shall wherever practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

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 he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If on the instructions of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time during such absence.

 

The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

 

(i)         for the purpose of changing shift rosters; or

 

(ii)        where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

(iii)       where a shift is worked by arrangement between the employees themselves.

 

(e)        Standing By - Subject to any custom now prevailing under which an employee is required regularly to hold himself/herself in readiness for a call back, an employee directed by his/her employer to hold himself/herself in readiness to work outside his/her ordinary hours shall, for the period he/she is required to hold himself/herself in readiness, be paid standing-by time at ordinary rates from the time from which he/she is to hold himself/herself in readiness.

 

(f)         Call Back -

 

(i)         An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rate for each time he/she is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job he/she was recalled to perform is completed within a shorter period.

 

(ii)        The provision of paragraph (i) of this subclause shall not apply:

 

(1)        in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours; or  

 

(2)        where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(iii)       Where the actual time worked is less than three hours on such recall or on each of such recalls overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (d) of this clause.

 

(g)        Sunday and Holiday Rates - All time worked on a Sunday shall be paid at double time and all time worked on the holidays specified in clause 22, Holidays, shall be paid for at the rate of double time and one‑half.

 

(h)        Transport of Employees - Where an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available the employer shall provide him/her with a conveyance to his/her home, or pay him/her his/her current wage for the time reasonably occupied in reaching his/her home.

 

(i)         Requirement to Work Reasonable Overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

 

The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practices of "one in, all in" overtime shall not apply.

 

16.  Crib Time

 

An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.

 

An employee required to work overtime for more than one and a half hours shall, before starting overtime after working ordinary hours, be allowed a meal break of 20 minutes which shall be paid for at ordinary rates.  An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

17.  Meal Money

 

An employee required to work overtime for more than one and a half hours without being notified the previous day or earlier that he/she will be required to work shall either be supplied with a meal by the employer or be paid a sum as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates for each meal, but such payment need not be made to an employee living in the same locality as his/her workshop who can reasonably return home for meals. Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed. If an employee, pursuant to notice has provided a meal or meals and is not required to work overtime, or so required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

18.  Special Rates and Allowances

 

In addition to the wages prescribed elsewhere in this award, the special rates and allowances hereinafter appearing shall be paid to employees, whether adults, apprentices or unapprenticed juniors:

 

(a)      (i)          Confined Spaces - An employee, other than one working on a vehicle or parts of a vehicle working in a confined space or place, the dimensions of which necessitate the employee working in a stooped or otherwise cramped position or without proper ventilation shall be paid the amount as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        An employee employed in the laying and/or thermo‑welding of vinyl linoleum and/or like material shall be paid an additional amount set out in Item 4 of Table 2.

 

(b)        (i)       Dirty Work - An employee doing work which a foreperson and the employee shall agree is of an unusually dirty or offensive nature shall receive the amount set out in Item 5 of Table 2.

 

(ii)        In a case coming within this subclause, the minimum payment on any day or shift shall be the amount set out in Item 6 of Table 2, provided however that the said minimum payment shall not be payable in respect of a specific job when other higher special rates are payable for that job on the same day or shift and such higher rates exceed the said amount on the particular day or shift.

 

(iii)       In case of disagreement between the foreperson and the employee, the employee or shop steward on his/her behalf shall be entitled within 24 hours, to ask for a decision on the employee's claim by the employer's industrial officer (if one exists) or otherwise by the employer or the executive officer responsible for the management or superintendence of the plant concerned. In such a case, a decision shall be given on the employee's claim within 48 hours of its being asked for (unless that time expires on a non‑working day, in which case it shall be given during the next working day), or else the said allowance shall be paid.

 

(iv)       In any case where a union alleges that an employer or his/her representative is unreasonable or capricious in relation to such a claim it shall have the right to bring such case before the Industrial Registrar.

 

(c)        Height Money - An employee other than a rigger and splicer engaged in the erection, repair, and/or maintenance of steelframe buildings and similar structures at a height of 15 metres or more directly above the nearest horizontal plant - the amount set out in Item 7 of Table 2.

 

(d)        (i)         Hot Places  -  Employees working for more than one hour in the shade:

 

(1)        In places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius shall be paid an amount as set out in Item 8 of Table 2.

(2)        In places where the temperature exceeds 54 degrees Celsius shall be paid an amount as set out in Item 9 of Table 2.

 

(ii)        Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, an employee shall also be entitled to 20 minutes' rest after every two hours' work without deduction of pay.

 

(iii)       The temperature shall be measured by the foreperson of the work after consultation with the employee who claims the extra rate.

 

(e)        Glass or Slag Wool - An employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise in the construction, repair or demolition of furnaces, walls, floors, and/or ceilings shall be paid an amount as set out in Item 10 of Table 2.

 

(f)         (i)       Fibreglass Work - An employee required to grind, drill, file or saw processed fibreglass shall be paid an amount as set out in Item 11 of Table 2.

 

(ii)        The minimum amount payable under this subclause shall be as follows:

 

(1)        the amount as set out in Item 12 of Table 2 per day or shift where the disability occurs during the second half of the day or shift or;

 

(2)        the amount as set out in Item 13 of Table 2 per day or shift where the disability occurs during the first half of the day or shift.

 

(g)        Livestock Transport - A spring service worker employed on a vehicle which has been regularly used in the carriage of livestock and which has not been cleaned down immediately before service shall be paid an amount as set out in Item 14 of Table 2.

 

(h)           (i)     First‑aid Qualifications - An employee holding a first‑aid certificate and who is appointed by his/her employer to perform first‑aid work in the factory shall be paid an allowance as set out in Item 15 of Table 2.

 

(ii)        This extra rate is not subject to the limitation prescribed by paragraph (i) of this subclause but is payable in addition to any other rate or allowance prescribed by this clause.

 

(i)         In addition to the rates prescribed in this clause, an employee required to apply in any way or to handle in an exposed state polyurethane based paints or who is likely to be affected by the fumes from such application or handling and who is required to wear an airline hood, respirator and/or any other protective device shall be paid an additional amount as set out in Item 16 of Table 2.

 

(j)         Fire Squad - An employee appointed to the Fire Squad shall receive an allowance as set out in Item 17 of Table 2. This allowance shall be paid in addition to all other special rates.

 

(k)        Building Maintenance - An employee engaged on factory or building maintenance shall be paid an allowance as set out in Item 18 of Table 2.

 

(l)         Special Rates Not Cumulative - Where more than one of the disabilities entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely the highest for the disabilities so prevailing. Provided that where an employee suffers more than one disability at the same time and such disabilities provide for the payment of extra rates for dirty work, working at heights or in confined spaces, the employee shall be entitled to receive extra rates in respect of each of the aforesaid disabilities so suffered.

 

(m)       Rate Not Subject to Penalty Additions - The special rates and allowances prescribed by this clause shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

 

19.  Redundancy and Retrenchment Provisions

 

19.1      Application -

 

(i)         These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified in clause 3, Wage Rates - Adults, of the Coachmakers, &c., Rail (State) Award, published 3 March 1995 (284 I.G. 329), as varied or any award rescinding and replacing the same.

 

(ii)        In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause 19.4., Termination of Employment, of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this award 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.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this award 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.

 

19.2      Introduction of Change -

 

(i)         Employer's duty to notify -

 

(a)        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.

 

(b)       "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.

 

(ii)        Employer's duty to discuss change -

 

(a)        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 paragraph (i) of this clause, 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.

 

(b)        The discussions shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in paragraph (i) of this clause.

 

(c)        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.

 

19.3      Redundancy - Discussions before terminations -

 

(a)        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 subparagraph (a) of paragraph (i) of subclause 19.2, Introduction of Change, of this clause, 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.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause, and shall cover, inter alia, any reason 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.

 

(c)        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.

 

19.4      Termination of Employment -

 

(i)         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, programme, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause 19.2, Introduction of Change, of this clause:

 

(a)        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 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

 

(b)       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.

 

(c)        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.

 

(ii)        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 subparagraph (a) of paragraph (i) of the said subclause 19.2.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(b)       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.

 

(c)        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.

 

(iii)       Time off during the notice period -

 

(a)        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.

 

(b)       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.

 

(iv)       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.

 

(v)        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.

 

(vi)       Notice to Commonwealth Employment Service - Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      Department of Social Security 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 the Department of Social Security.

 

(viii)     Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of the said subclause 19.2, 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.

 

19.5      Severance Pay -

 

(i)         Where an employee is to be terminated pursuant to subclause 19.4, Termination of Employment, 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:

 

(a)        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

 

(b)       Where an employee is 45 years of age 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

 

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

 

(ii)        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 paragraph (i) of this subclause.

 

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (i) of this subclause will have on the employer.

 

 

(iii)       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 paragraph (i) of this subclause if the employer obtains acceptable alternative employment for an employee.

 

19.6      Grievance and Dispute Resolution Procedures -

 

(i)         Procedure relating to grievances of individual employees -

 

(a)        The employee is required to notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)       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.

 

(c)        Reasonable time limits must be allowed for discussions at each level of authority.

 

(d)       At the conclusion of the discussions 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.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)        The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedures relating to disputes, etc., between employers and their employees -

 

(a)        A question, dispute or difficulty 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.

 

(b)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)       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.

 

19.7      Savings Clause   Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

20.  Tool Allowance - Tradespersons and Apprentices

 

(i)         In addition to the rates of wages prescribed herein, car and carriage builders who are required to supply their own tools shall be paid a tool allowance as set out in Item 19 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Tradespersons engaged in other classes of work prescribed by subclause (i) of this clause shall be supplied with all tools necessary for the performance of such work, or shall be paid in lieu thereof a sum as set out in Item 20 of Table 2 per week for supplying and maintenance of their own tools.

 

(iii)       The allowances set out in subclauses (i) and (ii) of this subclause shall apply to apprentices on the same percentage basis as set out in paragraph (i) of subclause (i) of clause 12, Apprenticeship, and rounded to the nearest ten cents.

 

21.  Mixed Functions

 

An employee engaged for more than two hours on one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift. If so engaged for two hours or less on one day or shift, they shall be paid the higher rate for the time so worked.

 

22.  Holidays

 

(a)        Employees on weekly hiring shall be entitled to the following public holidays without loss of pay, except as herein provided: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Eight-hour Day, Anzac Day, Sovereign's Birthday, Christmas Day, Boxing Day or such other day as is generally observed in the locality as a substitute for any of the said days, respectively, together with such other days as may be proclaimed or gazetted as public holidays in the district in which the employee is employed. An additional holiday shall be observed on a day to be negotiated each year.

 

(b)        For the purpose of this award:

 

(i)         Where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively.

 

(ii)        Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day.

 

(iii)       Where New Year's Day falls on a Saturday or Sunday, the following Monday shall be observed as New Year's Day.

 

(iv)       Where Anzac Day falls on a Saturday or on a Sunday, the following Monday shall be observed as Anzac Day and the said Saturday and/or Sunday shall be deemed not to be holidays. By agreement between the employer and the majority of employees in a particular workplace, other days may be substituted for the said days or any of them as to that workplace.

 

(v)        The day on which the annual picnic of the union is held shall be a holiday (without pay if such a day is a day other than one mentioned in subclause (a) and this subclause); provided that the Secretary or Branch Secretary of the union shall have given written or printed notice of the intention to hold the picnic. Such notice shall be sent by prepaid letter to each employer concerned not less than three weeks or more than six weeks prior to the date on which the picnic is to be held.

 

23.  Annual Leave

 

See Annual Holidays Act 1944.

 

24.  Annual Leave Loading

 

(a)        In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(b)        Before an employee is given and takes annual holidays, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (f) of this clause.)

 

(c)        The loading is payable in addition to the pay period of holiday given and taken and due to the employee under the Act and this award.

 

(d)        The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See the said subclause (f) as to holidays taken wholly or partly in advance.).

 

(e)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (d) of this clause at the rate per week of 17.5 per cent of the ordinary weekly rate of pay he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on annual leave. The ordinary weekly rate shall be for the classification in which the employee was employed immediately before commencing his/her annual leave.

 

(f)         No loading is payable to an employee who takes annual leave holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/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 subclause (e) of this clause applying the award rates of wages payable on that day.

 

(g)        Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned -

 

(i)         an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (e) of this clause;

 

(ii)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close‑down as his/her qualifying period of employment in completed weeks bears to 52.

 

(h)      (i)          When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (d) for the period not taken.

 

(ii)        Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.

 

25.  Sick Leave

 

(a)        An employee on weekly hiring, who is absent from work on account of personal illness or on account of injury by accident arising out of and in the course of his/her employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(i)         The employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

(ii)        The employee shall within 24 hours of the commencement of such absence, inform the employer of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(iii)       The employee shall prove to the satisfaction of the employer (or, in the event of dispute, the Industrial Relations Commission of New South Wales) that he/she was unable on account of such illness or injury to attend for duty on the day or days of which sick leave is claimed.

 

(iv)       The employee shall not be entitled in the first 12 months of employment with an employer to leave in excess of 38 hours of working time but thereafter shall be entitled to leave up to 60.8 hours of working time each year.

 

(v)        The employee shall not be entitled to paid sick leave during the first month of his/her employment.

 

(vi)       In the case of an employee with not less than three months' continuous service, his/her continuity of employment for the purposes of this clause shall not be affected by reason of his/her being stood off on account of seasonal fluctuations for any period not exceeding three months in any sick leave year. For the purposes of this paragraph seasonal fluctuations include -

 

(1)        the termination of an employee's services owing to completion of contracts or finalisation of body models; or

 

(2)        completion or changes in production or tooling programs.

 

(b)        Single Day Absences -  An employee shall not be entitled to single days of paid sick leave on more than two occasions in any one year of service unless he/she produces to the employer a certificate from a qualified medical practitioner to the effect that he/she is unfit for duty on account of personal illness or injury by accident. Nothing in this subclause shall limit the employer's rights under paragraph (iii) of subclause (a) of this clause.

 

(c)        Calculation of Sick Leave Rights - For the propose of calculating sick leave rights under this award -

 

(i)         An employee who has had at least 12 months' service with an employer and continues in that employment from the date of coming into operation of this award, up to a maximum of 80 hours which stood to his/her credit with his/her present employer as at the close of business on 31 May 1971, and shall have future paid sick leave rights calculated on a yearly basis as elsewhere prescribed by this clause.

 

(ii)        Any other employee shall have his/her sick leave rights calculated as elsewhere prescribed by this clause.

 

(d)        Cumulative Sick Leave - Sick Leave shall accumulate from year to year so that any balance of the period specified in paragraph (iv) of subclause (a), or in subclause (c) of this clause which has in any year not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall not exceed 768 hours and shall be available to an employee for a period of 11 years plus the current year in which it accrues.

 

(e)        Definition of Year - For the purposes of this clause, "year" means the period between 1 June of each year and the next 31 May.

 

26.  State Personal/Carer's Leave Case - August 1996

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), 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 in clause 25, Sick Leave, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        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

 

(c)        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

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

(a)        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.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off

 

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

 

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

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        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.

 

27.  Long Service Leave

 

See Long Service Leave Act 1955.

 

28.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Provided further, an employee, other than a casual employee, after one month's continuous service shall be entitled to two days bereavement leave without deduction of pay, on each occasion of the death of a person outside of Australia as prescribed in subclause (iii) of this clause, where such employee travels outside of Australia to attend the funeral.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 26, State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 26. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

29.  Piece Or Bonus Work

 

No piece or bonus work shall be permitted on work covered by this award.

 

30.  Traineeships

 

(a)        Application -

 

(i)         This clause applies only to persons employed under the Australian Traineeship System and registered as trainees with the Commercial and Industrial Training Council of New South Wales and to persons employed under the Career Start Traineeship Scheme in the vehicle industry.

 

(ii)        All other terms and conditions of the award shall apply unless specifically varied by this subclause.

 

(b)        Definitions -

 

(i)         An "ATS Traineeship" is a program under the Australian Traineeship System comprising structured on‑the‑job training with an employer and off‑the‑job training in a Technical and Further Education College or other training provider approved by the Industrial and Commercial Training Council of New South Wales (ICTC).

 

(ii)        A "CS Traineeship" is a program of training under the Career Start Traineeship Scheme comprising structured training with an employer and it will include training in a Technical and Further Education College or other training provider approved by the Industrial and Commercial Training Council of New South Wales. Structured training for the purpose of a CS Traineeship shall mean formal instruction and closely supervised practice directly related to that instruction that is undertaken away from the job, as part of the training agreement.

 

(iii)       A "Training Agreement" means an agreement between an employer and a trainee for training consistent with the relevant provisions of the Industrial and Commercial Training Act 1989 and registered with the Industrial and Commercial Training Council of New South Wales.

 

(iv)       A "trainee" is an employee undertaking an ATS Traineeship or a CS Traineeship who is bound by a training agreement consistent with the relevant provisions of the Industrial and Commercial Training Act 1989 and registered with the Industrial and Commercial Training Council of New South Wales.

 

(v)        The Industrial and Commercial Training Council of New South Wales was established in 1989 as the peak advisory body on Industrial and Commercial Training in New South Wales.

(vi)       "The union" shall mean The Automotive, Metals and Engineering Union.

 

(c)        Training Conditions -

 

(i)         Where reasonably possible, traineeship positions should be additional to normal staff numbers, provided that no existing employee shall be displaced by a trainee.

 

(ii)        A trainee shall attend an approved on and off‑the‑job training course or program prescribed in the relevant training agreement or as notified to the trainee and the employer by the Industrial and Commercial Training Council of New South Wales.

 

(iii)       The employer shall permit the trainee to attend the prescribed off‑the‑job training course and provide on‑the‑job training approved by the Industrial and Commercial Training Council of New South Wales.

 

(d)        Employment Conditions -

 

(i)         Australian Traineeship System - A trainee undertaking an ATS Traineeship shall be employed for a minimum period of 12 months as a full‑time employee, provided that the trainee shall be subject to a satisfactory probation period of up to one month.

 

(ii)        Career Start Traineeship System -

 

(1)        A trainee undertaking a CS Traineeship shall be employed as a full‑time employee, for a traineeship of a minimum period of one year, provided that the trainee shall be subject to a satisfactory probation of up to one month.

 

The CS Traineeship shall be:

 

(a)        for trainees with a Year 10 or a lesser level of general education achievement: up to two years' duration.

 

(b)        for trainees who have completed Year 11 studies: up to 18 months' duration; or

 

(c)        for trainees who have completed Year 12 studies: of one years' duration.

 

(2)        Trainees with Year 10 or a lesser level of general education achievement shall spend the amount of time in structured training specified in the training agreement. This shall be:

 

(a)        during the first year, on average, up to 50 per cent of ordinary working hours each week;

 

(b)        where the traineeship extends beyond the first year, on average, up to 35 per cent of ordinary working hours each week during this period.

 

(3)        A trainee undertaking a CS Traineeship who has completed Year 11 shall spend the amount of time in structured training specified in the training agreement. This shall be:

 

(a)        during the first year, on average, up to 35 per cent of ordinary working hours each week during this period.

 

(4)        Who has completed Year 12 shall spend the amount of time in structured training specified in the training agreement.  This shall be, on average, up to 25 per cent of ordinary working hours each week.

 

(5)        Notwithstanding the foregoing, the duration of the traineeship and the extent of structured training for a trainee may be varied to suit an individual trainee's particular needs outside the limits specified in subparagraphs (1), (2), (3) or (4) of this paragraph with the consent of the Industrial and Commercial Training Council of New South Wales.

 

(iii)       All Trainees - The trainee is permitted to be absent from work without loss of continuity of employment to attend the off‑the‑job training in accordance with the training agreement.

 

(iv)       Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purpose of the award and statutory entitlements where consistent with the relevant legislation.

 

(v)        In respect of overtime and shift work, a trainee shall receive the rate of pay and shall be subject to the same conditions that would apply under the relevant parent award to an employee of the same age who is not a trainee.

 

(vi)       Trainees shall not take part in industrial action or threaten to take part in industrial action. Industrial action shall have the same meaning as prescribed in the Industrial Relations Act 1991.

 

(vii)      The union shall be afforded reasonable access to trainees consistent with section 733 of the said Act.

 

(e)        Wages - Australian Traineeship System -

 

(i)         The weekly wages payable to trainees undertaking an ATS Traineeship shall be determined by multiplying the appropriate weekly junior rate as specified in this award by 39 (which represents the actual annual time spent on the job) and dividing that sum by 52.

 

(ii)        The wages rate determined by this calculation shall in no case be less than the minimum rate prescribed by the Australian Traineeship System Guidelines which, as at 1 December 1991, cannot be less than $123.20 per week. 

 

(iii)       The weekly wage shall be the rate of pay for all purposes, except as provided in this award in relation to overtime and shift work.

 

(f)         Career Start Traineeship -

 

(i)         The weekly wages payable to trainees undertaking a CS Traineeship shall be determined by multiplying the appropriate hourly junior or adult rate as specified in this award by the number of weekly ordinary hours, less the average weekly time specified in the training agreement to be spent in structured training.

 

(ii)        The weekly wage shall be the rate of pay for all purposes, except as provided in this award in relation to overtime and shift work.

 

(iii)       The terms of this award applying to Career Start Traineeships operate in conjunction with a Commonwealth Government scheme, under which, if weekly wages calculated using the method outlined above fall below $125.00 for those under 18 years old and $150.00 for those 18 years and over, the Commonwealth will provide a supplementary allowance to bring the total income of trainees undertaking CS Traineeships up to those levels.

 

(iv)       In the event that the Commonwealth Government reduces the minimum income maintenance levels, the terms of the award will be reviewed.

 

(g)        Grievance Procedure - Procedures relating to grievances of individual trainees shall be dealt with in accordance with clause 32, Grievance Procedure. However, those trainees employed under a group scheme shall notify the employer as to the substance of any grievance and request a meeting for discussions with all parties concerned in order to settle the grievance.

 

31.  Labour Flexibility

 

(i)         For the purpose of increasing productivity and flexibility as well as enhancing career opportunities for employees, multiskilling may extend by agreement between an employer and an employee to allow the employee to perform any work in an enterprise within the scope of their skills and competence.

 

(ii)        Discussion shall take place at the enterprise with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

 

(iii)       Notwithstanding the provisions of subclause (ii) of this clause, employees shall perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

 

(iv)       An employee shall accept job instructions from an appointed superintendent, supervisor or leading hand or from nominated technical personnel, provided such instructions are lawful and reasonable.

 

(v)        Employees shall comply with all reasonable requests to transfer or to perform any work provided for by this award.

 

(vi)       Employees shall take all reasonable steps to ensure the quality, accuracy and completion of any job or task assigned to the employee.

 

(vii)      Employees shall not impose or continue to enforce existing demarcation barriers between the work of employees, provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

 

(viii)     There shall be no limitations on supervisors or technical personnel demonstrating the use of new equipment or machinery or techniques.

 

(ix)       Employees shall not impose any restrictions or limitations on the measurement and/or review of work methods or standard work; provided that appropriate consultation between the employer and employee has taken place.

 

32.  Grievance Procedure

 

(a)        Disputes, grievances and safety issues between the company and its employees shall be settled in accordance with the following procedures:

 

(i)         First Step - The employee(s) is required to notify (in writing or otherwise) his/her immediate supervisor as to the substance of the grievance, request a meeting with the supervisor for bilateral discussions and state the remedy sought.  This meeting shall take place as soon as practicable. The employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees for the purposes of each step of the procedure.

 

(ii)        Second Step - If settlement is not reached, then the matter will be discussed between the immediate supervisor, employer/proprietor, and the employee(s).

 

(iii)       Final Step - If, after all attempts at the plant to resolve the grievance have failed, the matter shall be referred to the Industrial Relations Commission of New South Wales or the Conciliation Committee.

 

(b)        Normal work will continue whilst a grievance is being processed, other than where immediate danger exists, the parties shall be committed to the disputes procedure as the proper mechanism for resolving grievances in an orderly manner.

 

While discussions are taking place in relation to safety issues, the employee(s) shall agree to perform any other work within their classification, that can be carried out in a safe manner.

 

33.  Anti-Discrimination

 

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

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

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

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

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

 

NOTES -

 

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

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

34.  Travelling Time, Accommodation and Meals

 

(a)        (i)         An employee who, on any day or from day to day is required to work at a job away from his/her accustomed workshop or depot, shall, at the direction of his/her employer present himself/herself for work at such job at the usual starting time; but for all time reasonably spent in reaching and return from such job (in excess of the time normally spent in travelling from his home to such workshop or depot and returning), he/she shall be paid travelling time and also any fares reasonably incurred in excess of those normally incurred in travelling between his/her home and such workshop or depot.

(ii)        An employee who, with the approval of his/her employer, uses his/her own means of transport for travelling to or from outside jobs shall be paid the amount of excess fares which he/she would have incurred in using public transport unless he/she has an arrangement with his/her employer for a regular allowance.

 

(b)        An employee:

 

(i)         engaged in one locality to work in another; or

 

(ii)        sent, other than at his/her own request, from his/her usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence, shall be paid travelling time while necessarily travelling between such localities and, for a period not exceeding three months, expenses.  Provided that such expenses shall cease after he/she has taken up permanent residence or abode at the new location.

 

(c)        An employee sent from his/her usual locality to another (in circumstances other than those prescribed in subclause (b) of this clause) and required to remain away from his/her usual place of abode shall be paid travelling time while necessarily travelling between such localities and expenses whilst so absent from his/her usual locality.

 

(d)        The rate of pay for travelling time shall be at the ordinary rate, except on a Sunday or holiday referred to in clause 22, Holidays, when it shall be time and one-half.

 

(e)        The maximum travelling time to be paid for shall be 12 hours out of every 24 hours or, when sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.

 

(f)         "Expenses" for the purpose of this clause means:

 

(i)         all fares reasonably incurred and, for boat travel, the fares allowed shall be first‑class on coastal boats and on interstate boats where there is no second‑class distinct from steerage and, for rail travel second‑class except where all-night travelling is involved when they shall be first‑class with sleeping berth where available;

 

(ii)        reasonable expenses incurred while travelling include a meal allowance for each meal taken of an amount as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates;

 

(iii)       a reasonable allowance to cover the cost incurred for board and lodging.

 

35.  Jury Service

 

An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

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

 

36.  Clothing, Equipment, Washing Time and Tools

 

(a)        Employees engaged in working with acids shall be supplied with rubber gloves.

 

(b)        Employees engaged in wet rubbing shall be provided with rubber aprons and rubber boots.

 

(c)        Reasonable washing and sanitary conveniences shall be provided by the employer.

 

(d)        Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels and rotary wire brushes. Where used by more than one employee, such goggles shall be sterilised before being used by another employee. An employee when working on emery wheels or rotary wire brushes shall wear the goggles provided for their protection. Goggles containing celluloid shall not be considered suitable for the purposes of this provision. Provided that this provision shall not apply where other protective equipment is fitted to machines.

 

(e)        Suitable canvas or leather gloves shall be provided by the employer for the operators of pneumatic hammers.

 

(f)         The employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an appropriate first‑aid outfit and appliances as required by the Occupational Health and Safety (First‑Aid) Regulation.

 

NOTE: See also section 38A of the Factories, Shops and Industries Act 1962, and the exemptions thereunder.

 

(g)        Employers shall provide boiling water for employees at meal time.

 

(h)        Employers shall provide for the use of employees in workshops a sufficient supply of wholesome cool drinking water from bubble taps or other suitable drinking fountains.

 

(i)         Employers shall provide adequate ventilation in workshops and facilities for the free circulation of air (see also Factories, Shops and Industries Act 1962, section 25, and regulations thereunder).

 

(j)         Washing Time - All employees doing work which a foreman and the representative of the union shall agree is of an unusually dirty or offensive nature shall be given a time allowance of five minutes before the completion of the day's work to wash and change.

 

(k)        Sharpening Tools - The employer shall allow one hour, with payment therefore, to any car and carriage or waggon builder on the termination of his/her employment for the purpose of sharpening and packing his/her tools.

 

(l)         Emery Wheel and Grindstone - The employer shall provide an emery wheel and grindstone for the use of the employees.

 

(m)       Compensation, Clothing and Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, clothing or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances; provided that the employer's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

 

(n)        Polyurethane Based Paints - An employee required to apply in any way or to handle in an exposed state polyurethane-based paints or who is likely to be affected by the fumes from such application or handling shall be provided by his/her employer with and shall use an airline hood respirator and/or such other protective devices and shall be required to observe all the conditions as specified by the Factories (Health and Safety - Spray Painting) Regulations 1977 or any Act or regulation that supersedes these regulations.

 

(o)        Provision of Tools -

 

(i)         Any tradesman or apprentice who is not in receipt of a tool allowance prescribed by subclauses (i) and (ii) of clause 20, Tool Allowance - Tradespersons and Apprentices shall be provided by his/her employer with all tools necessary for the performance of his/her duties.

 

(ii)        Notwithstanding the said subclauses (i) and (ii) an employer shall provide:

 

(1)        All necessary power tools, special purpose tools, precision measuring instruments and snips used in the cutting of stainless steel and similar hard metals.

 

(2)        For wood workers and vicemen, when required, bench, bench vice, cramps above 100 millimetres, files (including saw files) rasps, hand drills, hacksaw frames and blades, bits and parallel shank drill up to 6.3 millimetres and snips.

 

(iii)       Tradesmen or apprentices shall replace or pay for any tools so supplied by the employer if lost through their negligence.

 

(p)        Protective Equipment - Welding - Employers shall provide a sufficient supply of the undermentioned equipment to enable each waggon builder, car and carriage builder, welder and their assistants when engaged on work necessitating its use to be supplied with same:

 

(a)        Suitable fire and heatproof materials.

 

(b)        Hand screens or helmets fitted with coloured glass (or in the case of oxyacetylene operators, protective glasses with side shields).

 

(c)        Anti‑flash goggles.

 

(d)        Aprons, leather sleeves and leggings (or coveralls of flame‑proof material) and gauntlet gloves.

 

(e)        Gum or other insulating boots when working in places so damp that danger of electric shock exists.

 

An employee who is, pursuant to this subclause, supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied. Where electric arc operators are working, screens which shall be suitable and sufficient for the purpose shall be provided by the employer for the protection of employees from flash.

 

37.  Time and Wages Record

 

(a)        An employer shall keep a record from which can be readily ascertained the name of each employee and his/her occupation, the hours worked each day and the wages and allowances paid each week.

 

(b)        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 off duty but this does not apply to checking in or out when entering or leaving the employer's premises.

 

38.  Right of Entry

 

(a)        Subject to an authority issued by the New South Wales Industrial Registrar and the conditions specified in subclause (b) of this clause the Secretary or a duly accredited representative of The Automotive, Metals and Engineering Union, (such Secretary or representative being hereinafter referred to as "a representative") may enter the premises of any employer engaged in the industry in respect of which this award is in force, during any lunch hour or non‑working time for the purpose of interviewing employees on legitimate union business.

 

(b)        In order to prevent misuse or any undue interference with work, the right conferred by subclause (a) of this clause is granted subject to the following conditions:

 

(i)         Before exercising any power the officer must give the employer concerned at least seven days' notice of an inspection.

 

(ii)        The person claiming to exercise the right shall produce their authority to the gatekeeper or such other person as may be appointed by the employer for that purpose.

(iii)       The representative interviews only at places where they are taking their meal or crib.

 

(iv)       The employer shall have the right to require that a representative who enters the premises in accordance with the provisions of this clause shall be accompanied by a person nominated by the employer, but such nominated person shall not interfere with such representative in the exercise of their rights under this clause and shall remain out of hearing during the interview with an employee or employees.

 

(v)        If any employer alleges that a representative has unduly interfered with the work of the employees or has created dissatisfaction among the employees or has been offensive in his/her methods, or has committed a breach of any of the previous conditions or of the Act with respect to the right of entry, such employer may refuse the right of entry in future to such representative but the representative shall have the right to bring the refusal before the Conciliation Committee or the Industrial Relations Commission of New South Wales.

 

NOTE: The right to interview does not include a right to hold a meeting.

 

(c)        Subject to an authority issued by the New South Wales Industrial Registrar and the conditions specified in subclause (d) of this clause, the Secretary, or a duly accredited representative of The Automotive, Metals and Engineering Union (such Secretary or representative being hereafter referred to as "a representative") may enter the premises of any employer engaged in the industry in respect of which this award is in force, during working hours for the purpose of investigating any suspected breach of the Industrial Relations Act 1996, or of this award, and for this purpose the representative may require the employer to produce for their inspection during the usual office hours at the employer's office or other convenient place any time and pay sheets kept by the employer covered by this award and may make copies of the entries in such time and pay sheets relating to any such suspected breach.

 

(d)        In order to prevent misuse or any undue interference with work the right conferred by subclause (c) of this clause is granted subject to the following conditions:

 

(i)         Before exercising any power the officer must give the employer concerned at least seven days' notice of an inspection.

 

(ii)        Subject to the provisions of the Act, entry for the purpose of investigating any suspected breach by the production by the employer of time and pay sheets shall take place only during the day work periods of day workers and shift workers.

 

(iii)       The person claiming to exercise the right shall produce their authority to the gatekeeper or such other person as may be appointed by the employer for that purpose.

 

(iv)       If the employer so desires, the representative shall make their investigations in the presence of the employer or a person nominated by the employer for that purpose.

 

(v)        Production of time and pay sheets shall not be required at any time when such sheets are reasonably required by the employer for the purpose of making up pay and for payment of wages.

 

(vi)       Upon entering the premises of the employer, the representative shall state to the employer or the employer's representative the nature of the suspected breach and shall have access to such time and pay sheets which only relate to such suspected breach.

 

(vii)      If any employer alleges that a representative has unduly interfered with the work of the employees or has created dissatisfaction amongst the employees or has been offensive in their methods, or has committed a breach of any of the previous conditions or of the Act with respect to the right of entry, such employer may refuse the right of entry in future to such representative, but the representative shall have the right to bring the refusal before the Conciliation Committee or the Industrial Relations Commission of New South Wales.

 

NOTE: The right to interview does not include a right to hold a meeting.

(e)        The rights conferred by this clause will not operate during such time as the said union or its members shall be taking part in any strike or ban, limitation or restriction upon the performance of work in the premises upon which or within which it is sought to exercise the right conferred by the said section.

 

These conditions are inserted subject to the provisions of the Act and are subject to review by the Conciliation Committee or the Industrial Relations Commission of New South Wales from time to time as circumstances may require.

 

39.  Training

 

(a)        The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required.  Accordingly, the parties commit themselves to:

 

(I)         Developing a More Highly Skilled and Flexible Workforce;

 

(ii)        providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(iii)       removing barriers to the utilisation of skills acquired.

 

(b)        Following proper consultation in accordance with subclause (ii) of clause 10, Structural Efficiency, or through the establishment of a training committee, an employer shall develop a training program consistent with:

 

(i)         the current and future skill needs of the enterprise;

 

(ii)        the size, structure and nature of the operations of the enterprise;

 

(iii)       the need to develop vocational skills relevant to the enterprise and through courses conducted by accredited educational institutions and providers.

 

(c)        Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

 

(i)         formulation of a training programme and availability of training courses and career opportunities to employees;

 

(ii)        dissemination of information on the training programme and availability of training courses and career opportunities to employees;

 

(iii)       the recommending of individual employees for training and reclassification; and

 

(iv)       monitoring and advising management and employees of the ongoing effectiveness of the training.

 

(d)        Where, as a result of consultation in accordance with clause 10, Structural Efficiency, or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to subclause (b) of this clause should be undertaken by an employee, that training may be undertaken either on or off the job; provided that, if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

 

(e)        Subclauses (b), (c) and (d) of this clause shall operate as interim provisions and shall be reviewed after nine months' operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (a) of this clause. The union reserves the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and/or the vehicle and engineering industry.

 

(f)         Employees will not be disadvantaged through their inability to participate in a particular method of training delivery. A range of training options will be available where disability, family commitments or similar reasons affect a person's ability to participate in training.

 

(g)        Current employees who choose not to participate in further training to a higher level will be protected and will not suffer any disadvantage from their current position or status.

 

(h)        Any disputes arising in relation to subclauses (b) and (c) shall be subject to the provisions of clause 32, Grievance Procedure.

 

40.  Superannuation

 

(1)        Definitions -

 

(a)        "Eligible Employee" means an employee who becomes a member of the superannuation fund selected in accordance with subclause (3) of this clause and who is:

 

(i)         a weekly employee with not less than four weeks' continuous service with the employer; or

 

(ii)        a casual employee who has:

 

(1)        had a start with the employer of 30 days in a period no greater than one year, provided such period commences no earlier than the date one year preceding the operation of this award; and

 

(2)        worked an average in the case of junior employees of at least 12 hours per week and in the case of adult employees at least six hours per week with the employer during the one month immediately preceding any day the employer would (but for this definition) be required to make the superannuation contributions prescribed in subclause (2) of this clause.

 

(b)        "Ordinary‑time Earnings" means an employee's award classification rate (including supplementary payment where applicable) and overaward payment, tool allowance, leading hand allowance and shift loading including weekend and public holiday rates where the shift worked is part of the employee's ordinary hours of work.

 

All other allowances and payments are excluded.

 

(c)        "Act" means the Occupational Superannuation Standards Act 1987.

 

(d)        "Regulations" means the Occupational Superannuation Standards Regulations.

 

(2)        Employer Contributions -

 

(a)        Subject to subclauses (4) and (5) of this clause, an employer shall contribute to a superannuation fund which complies with the Act and regulations on behalf of each eligible employee's ordinary‑time earnings from the beginning of the first pay period to commence on or after 1 May 1990, provided that:

 

(i)         Upon completion of the qualifying periods specified in subclause (1) of this clause, contributions on behalf of each eligible employee shall apply from the date of the employee's commencement of employment with the employer subject to the operative date of this award.

 

(ii)        The benefits offered by the fund selected in accordance with subclause (3) of this clause and of which the employee is a member, may be improved such that the improvements are equivalent to the value of contributions required to be made by paragraph (a) of this subclause and are in accordance with the Act and regulations.

 

(b)        The contributions required herein shall be made to the relevant fund selected in accordance with subclause (3) of this clause in the manner and at the times specified by the terms of the fund or any agreement between the employer and the trustees of the fund.

 

(3)        Superannuation Fund -

 

(a)        The employer shall make the superannuation contributions or improvements pursuant to this award to any of the following funds selected by the employer, provided that such fund complies with the Act and regulations:

 

(i)         the Superannuation Trust of Australia (STA), the MTAA Industry Superannuation Fund, the Australian Retirement Fund (ARF), or the Australian Superannuation Saving Employment Trust (ASSET);

 

(ii)        any fund agreed between the employer and the employees, and their union or unions where applicable;

 

(iii)       any fund which has application to the employees in the particular business of the employer where the employees covered by this award are a minority of award covered employees.

 

(b)        Provided further that an employer shall not be compelled to contribute to more than one fund in respect of employees covered by this award.

 

(c)        In any circumstances in which the union respondent to this award objects to a fund selected pursuant to this clause, such union may challenge, before the Industrial Relations Commission of New South Wales, the suitability of the fund within six months of the date of operation of this award or the date of fund selection, whichever is the later.

 

(4)        Fund Membership - The employer shall make the employee aware of his/her entitlements under this award and offer the employee the opportunity to become a member of the appropriate fund in accordance with subclause (3) of this clause.  An employee shall be required to properly complete the necessary application forms to become a member of the appropriate fund in order to be entitled to the contributions prescribed in subclause (2) of this clause.

 

In any case where the employee refuses to become a member of the relevant fund and the employer therefore does not make the contributions in accordance with the said subclause (2) on behalf of that employee, the employer shall notify in writing the trustee of the relevant fund of such circumstance.

 

In the event that the employee elects not to join the fund, the employer shall remind the employee, in writing, of his/her entitlements within a period of a further six months. Should an employee subsequently complete the necessary forms and become a member of the fund, the contributions prescribed in subclause (2) shall commence from the pay period commencing after the completion of such forms.

 

(5)        Exemptions -

 

(a)        This clause shall not apply to any employer who is already satisfying and continues to satisfy the requirements of subclause (2) by providing new or improved superannuation benefits or contributions equivalent to three per cent of ordinary‑time earnings and in accordance with the Act and regulations.

 

(b)        Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standard of existing superannuation arrangements provided by the employer as at the date of operation of this award or the employer's financial capacity to pay.

 

(c)        In circumstances where the union objects to a fund utilised in paragraph (a) of this subclause, it may challenge the suitability of that fund within six months of the date of operation of this award before the State Industrial Relations Commission.

 

(6)        Absence from Work -

 

(a)        Paid Leave - Contributions shall continue while a member of a fund is absent on paid leave such as annual leave, long service leave, public holidays, jury service, sick leave and bereavement leave.

 

(b)        Unpaid Leave - Contributions shall not be required to be made in respect of any absence from work without pay.

 

(c)        Work Related Injury and Sickness - In the event of an eligible employee's absence from work due to work related injury or sickness, subject to a maximum of 52 weeks total absence for each injury or (subject to a maximum of 52 weeks total absence for each injury or sickness) provided that the member of the fund (employee) is receiving payments in accordance with the provisions of an award or an industrial agreement dealing with accident pay.

 

41.  No Extra Claims

 

It is a term of this award (arising from the decision of the Industrial Commission in Court Session in the State Wage Case of 29 May 1991) that the union(s) undertake(s), for the duration of the principles determined by that decision, not to pursue any extra claims, award or overaward, except when consistent with those principles.

 

42.  Outline of Classification Structure

 

Rail Vehicle Production Employee Level V1 (78%) - A Rail Vehicle Production Employee Level 1 is an employee who is undertaking induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control assurance.

 

An employee at this level performs routine duties essentially of a manual nature and to the level of his/her training:

 

(1)        performs general labouring and cleaning duties;

 

(2)        exercises minimal judgement;

 

(3)        works under direct supervision; or

 

(4)        is undertaking training so as to enable him/her to work at Rail Vehicle Production Level II;

 

(5)        understands and implements basic occupational health and safety procedures.

 

Rail Vehicle Production Employee Level V2 (82%) - A Rail Vehicle Production Employee Level II is an employee who has satisfactorily completed up to three months structured training and is required by the employer to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of a Rail Vehicle Production Employee Level I and to the level of his/her training:

 

(1)        work under direct supervision either individually or in a team environment;

 

(2)        understand and undertakes basic quality control assurance procedures, including the ability to recognise basic quality deviations/faults;

 

(3)        completes in‑house induction training;

 

(4)        understands and implements basic occupational health and safety procedures.

 

Indicative of the tasks which an employee at this level may perform are the following -

 

repetition work on automatic, semi-automatic or single purpose machines or equipment;

 

manufacture/assembly of basic components using written, spoken and/or diagrammatic instruction;

 

basic soldering or butt and spot welding skills with or without the aid of jigs or cut scrap with any oxy blowpipe;

 

use of hand tools to carry out any of the above listed duties or for special tasks such as metal finishing;

 

routine maintenance of equipment to which the employee is assigned;

 

maintain simple records;

 

use hand trolleys and pallet trucks;

 

assist in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers.

 

Rail Vehicle Production Employee Level V3 (87.4%) - A Rail Vehicle Production Employee Level III is an employee who has completed appropriate training modules at a TAFE College or equivalent training and is required by the employer to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of Rail Vehicle Production Employee Level II and to the level of his/her training:

 

(1)        is responsible for the quality of his/her own work subject to routine supervision;

 

(2)        works under routine supervision either individually or in a team environment;

 

(3)        exercises discretion within his/her level of skills and training;

 

(4)        understands and implements basic occupational health and safety procedures.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

operate flexibly between assembly stations;

 

operate machinery and equipment requiring the exercise of skill and knowledge beyond that of a Rail Vehicle Production Employee Level II;

non‑trade vehicle building skills;

 

basic tracing and sketching skills;

 

receiving, dispatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or container in which such goods are ordinarily sold) documenting and recording of goods, materials and components;

 

basic inventory control in the context of a production process;

 

basic keyboard skills;

 

operation of mobile equipment including forklift, hand trolleys, pallet trucks, overhead crane and winch operation, subject to permit licence requirements;

 

ability to measure accurately;

 

assist one or more tradespersons;

 

welding which requires the exercise of knowledge and body building skills with the aid of jigs above a Rail Vehicle Production Employee Level II;

 

assist in the provision of on‑the‑job training in conjunction with tradespersons and supervisor trainers;

 

performance of a stores function involving any one or combination of the following specific duties:

 

(a)        working in a store or tool store and being responsible for checking inward goods against packing slips, sorting goods into bins, selecting goods against requisitions; checking of outward going orders against computer documentation for both accuracy and condition of goods;

 

(b)        working in a production environment and being responsible for unpacking inward goods, checking the condition of such goods and either placing such goods into a store or direct into the factory in line with the production program;

 

(c)        operating modern storage systems.

 

Rail Vehicle Production Employee Level V4 (92.4%) - A Rail Vehicle Production Employee Level IV is an employee who has completed appropriate training modules at a TAFE College or equivalent training and is required by the employer to perform work within the scope of this level.

 

An employee at this level performs work above and beyond the skills of a Rail Vehicle Production Employee Level III and to the level of his/her training:

 

(1)        works from complex instructions and procedures;

 

(2)        assists in the provision of on‑the‑job training to a limited degree;

 

(3)        co‑ordinates work in a team environment or works individually under general supervision;

 

(4)        is responsible for assuring the quality of his/her own work;

 

(5)        understands and can implement basic occupational health and safety procedures.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

uses precision measuring instruments;

 

machine setting, loading and operation;

 

rigging (certificated);

 

read and interpret simple drawings and/or prints;

 

inventory and store control, including:

 

(a)        licensed operation of all appropriate materials handling equipment;

 

(b)       use of tools and equipment within the scope of this level (basic non‑trades maintenance);

 

(c)        computer operation at a level higher than that of Vehicle Production Employee Level III;

 

intermediate keyboard skills;

 

basic vehicle building and fault-finding skills;

 

performs basic quality checks on the work of others;

 

licensed and certified for forklift engine driving and crane driving operations to a level higher than that of a Rail Vehicle Production Employee Level III;

 

has a knowledge of the employer's operation as it relates to the production process;

 

lubrication of production machinery equipment;

 

assists in the provision of on‑the‑job training in conjunction with tradespersons and supervisor trainers.

 

Wage Group - Rail Vehicle Tradesperson Level V5,V6,V7 and V8 (100%) - A Rail Vehicle Tradesperson Level I is an employee who holds a Trade Certificate or other recognised trade qualifications (e.g. MVRIC or a Tradesperson's Rights Certificate) as:

 

(i)         Body Builder;

 

(ii)        Carriage and Waggon Builder;

 

(iii)       Vehicle Painter;

 

(iv)       Vehicle Trimmer;

 

(v)        Welder;

 

(vi)       Panel Beater; or

 

(vii)      associated trade and is able to exercise the skills and knowledge of his/her trade.

 

A Rail Vehicle Tradesperson Level I works above and beyond the level of a Rail Vehicle Production Employee Level IV and to the level of his/her training:

 

(1)        understands and applies quality control techniques;

 

(2)        exercises good interpersonal communication skills;

 

(3)        exercises discretion within the scope of this grade;

 

(4)        exercises keyboard skills at a level higher than a Rail Vehicle Production Employee Level IV;

 

(5)        performs work under limited supervision either individually or in a team environment;

 

(6)        operates all lifting equipment incidental to his/her work;

 

(7)        performs non‑trade tasks incidental to his/her work;

 

(8)        performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

 

(9)        able to inspect products and/or materials for conformity with established operation standards.

 

A Rail Vehicle Tradesperson Level I will include an employee who, while still being primarily engaged in Rail Vehicle production work, applies the skills acquired through the successful completion of a trade certificate level qualification in the production, distribution or stores functions according to the needs of the enterprise.

 

Indicative of the tasks which an employee at this level may perform are the following:

 

(1)        work from drawings, prints and plans;

 

(2)        consistent with an employee's trade knowledge advise other employees on work related matters;

 

(3)        performance of ancillary non‑trade tasks;

 

(4)        advise and assist apprentices in a one‑to‑one situation;

 

(5)        exercise keyboard skills at a level higher than a Vehicle Production Employee Level IV;

 

(6)        understand and apply quality control techniques;

 

(7)        possess good oral and communication skills;

 

(8)        perform work under limited supervision either independently or in a team environment;

 

(9)        understand and implement occupational health and safety principles and procedures;

 

(10)      operate all lifting equipment incidental to his/her work;

 

(11)      approve and pass first‑off samples and maintain quality of product;

 

(12)      operate, set up and adjust all production machinery in a plant, including production process welding to the extent of his/her training;

 

(13)      can perform a range of maintenance functions including:

 

(a)        removing equipment fastenings, including use of destructive cutting equipment;

 

(b)       lubrication of production equipment;

 

(c)        running adjustments to production equipment;

 

(14)      basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials finished goods locations;

 

(15)      understand and apply computer techniques as they relate to production process operations;

 

(16)      work performed by an employee with a First Class Engine Driver's Certificate;

 

(17)      high level stores and inventory responsibility beyond the requirements of a Rail Vehicle Production Employee Level IV;

 

(18)      has a sound knowledge of the employer's operations as it relates to the production process.

 

Rail Vehicle Tradesperson Level V9 (105%) - A Rail Vehicle Tradesperson Level II works above and beyond the level of a Rail Vehicle Tradesperson Level I and to the level of his/her training.

 

A Rail Vehicle Tradesperson Level II is required to have achieved a level of training and competence attained from the completion of:

 

three modules towards an appropriate post‑trade certificate; or

 

three modules towards an appropriate advanced certificate;

 

three modules towards an appropriate Associate Diploma in Engineering which can be utilised and applied to the vehicle manufacturing industry.

 

A Rail Vehicle Tradesperson Level II in performing his/her work must:

 

(1)        Exercise the skills attained through satisfactory completion of the training prescribed for this classification in at least four of the skills modules or equivalent listed below:

 

(a)        Control Systems - Electrical, pneumatic and hydraulic.

 

(b)        Chassis work, frame construction and welding to standards.

 

(c)        Development and Modification - Advanced fabrication of materials such as fibreglass, plastics, wood, metal, etc., with or without the aid of formal drawings.

 

(d)        New Technology - This will include computer operation and programming skills especially relating to machining, cutting, welding or fabricating equipment or programmable logic controllers.

 

(e)        Instructional Techniques - Personal Communication skills together with adequate levels of attainments and qualifications to competently present training instruction to others.

 

(f)         Jig production.

 

(g)        Interior and Exterior Fitting Skills - Interior fitting skills include laminating, cabinet making, trimming (vinyl and cloth).  Exterior skills include stretch panels, fibreglass panels, windscreen fitting, etc.

 

(h)        Painter/Signwriter - Able to perform vehicle painting, signwriting that would normally be expected of a painter, signwriter tradesman on all types of surfaces (including fibreglass moulds). He/she will also be required to interpret and be responsible for implementing special painting, signwriting requirements as detailed by specification.

 

(2)        (a)        Exercise discretion within the scope of this grade.

 

(b)        Work under general supervision either individually or in a team environment.

 

(c)        Understand and apply quality control techniques.

 

(d)        Provide trade guidance and assistance as part of a work team.

 

(e)        Exercise trade skills relevant to the specific requirements of the enterprise at a level higher than a Rail Vehicle Tradesperson Level I.

 

(f)         Understand and implement occupational health and safety principles and procedures.

 

Tasks which an employee at this level may perform are subject to the employee having the appropriate trade and post‑trade training to enable them to perform particular trades.

 

The skill standards prescribed for an Engineering Tradesperson Level II in the Metal and Engineering Industry (New South Wales) Interim Award will be a guide.

 

Rail Vehicle Tradesperson Level V10 (110%) - A Rail Vehicle Tradesperson Level III works above and beyond the level of a Rail Vehicle Tradesperson Level II and to the level of his/her training.

 

A Rail Vehicle Tradesperson Level III is required to have achieved a level of training and competence attained from the completion of:

 

six modules towards an appropriate post‑trade certificate; or

 

six modules towards an appropriate advanced certificate; or

 

six modules towards an appropriate Associate Diploma in Engineering which can be utilised and applied to the vehicle manufacturing industry.

 

A Rail Vehicle Tradesperson Level III in performing his/her work must:

 

(1)        Exercise the skills attained through satisfactory completion of the training prescribed for this classification in performing the following tasks:

 

(a)        use of high precision trade skills using various materials and/or specialised techniques;

 

(b)       perform operations on CAD/CAM terminal in the performance of routine modifications to NC/CNC programmes;

 

(c)        install, repair and maintain, test, modify, commission and/or fault- find on prototype or production vehicles and components which can utilise hydraulic and/or pneumatic principles and in the course of such work is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems;

 

(d)       work on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising interconnected circuits;

 

(e)        provide a practical "hands on" interface between professional, subprofessional staff and tradespersons in developing, designing, commissioning, repairing, modifying and implementing complex corrective measures to any prototype or production vehicles and components.

 

(2)        (a)        Provide trade guidance and assistance as part of a work team.

 

(b)        Assist in the provision of training in conjunction with supervisors and trainers by utilising personal communication skills together with adequate levels of attainment and qualifications to competently present training instructions to others.

 

(c)        Understand and implement quality control techniques.

 

(d)        Work under limited supervision either individually or in a team environment.

 

(e)        Understand and implement occupational health and safety principles and procedures.

 

Tasks which an employee at this level may perform are subject to the employee having the appropriate trade and post‑trade training to enable them to perform particular tasks.

 

The skill standards prescribed for an Engineering Tradesperson Level III in the Metal and Engineering Industry (New South Wales) Interim Award will be a guide.

 

Advanced Tradesperson - Rail Vehicle (115%) - An Advanced Tradesperson works above and beyond the level of a Rail Vehicle Tradesperson Level III and to the level of his/her training.

 

An Advanced Tradesperson is required to have achieved a level of training and competence attained from the completion of:

 

an appropriate post‑trade certificate; or

 

nine modules towards an appropriate advanced certificate; or

 

nine modules towards an appropriate Associate Diploma in Engineering which can be utilised and applied to the vehicle manufacturing industry.

 

An Advanced Tradesperson in performing his/her work must:

 

(1)        Exercise the skills attained through satisfactory completion of the training prescribed for this classification in performing the following tasks:

 

work on machines or equipment which utilise complex mechanical or hydraulic and/or pneumatic circuitry and controls or a combination thereof;

 

work on machines or equipment which utilise complex electrical electronic circuitry and controls;

 

work on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles;

 

apply advanced computer numerical control techniques in machining, cutting, welding or fabrication;

 

exercise intermediate CAD/CAM skills the performance of routine modifications to programs;

 

work on complex or intricate interconnected electrical circuits at a level above Rail Vehicle Tradesperson Level III;

 

work on complex radio communication equipment.

 

NOTE: The post‑trade certificate referred to in this definition is not directly comparable with existing post‑trade qualifications and the possession of such qualifications does not in itself justify the classification of a tradesperson to this level.

 

(2)        (a)        Provide trade guidance and assistance as part of a work team.

 

(b)       Assist in the provision of training in conjunction with supervisors and trainers by utilising personal communication skills together with adequate levels of attainment and qualifications to competently present training instructions to others.

 

(c)        Understand and implement quality control techniques.

 

(d)       Work under limited supervision either individually or in a team environment.

 

(e)        Understand and implement occupational health and safety principles and procedures.

 

Tasks which an employee at this level may perform are subject to the employee having the appropriate trade and post-trade training to enable them to perform particular tasks.

 

The skill standards prescribed for an Engineering Tradesperson Level IV in the Metal and Engineering Industry (New South Wales) Interim Award will be a guide.

 

43.  Area, Incidence and Duration

 

This award rescinds and replaces the Coachmakers, &c., Rail (State) Award, published 3 March 1995 (284 I.G. 329) and all variations thereof.

 

It shall apply to all classes of labour herein mentioned in the State, excluding the County of Yancowinna within the jurisdiction of the Coachmakers, &c., Rail (State) Conciliation Committee.

 

The award published 3 March 1995 (284 I.G.329) took effect from the beginning of the first pay period to commence on or after 3 August 1994 and the variations thereof incorporated herein on the dates set out in the attached Schedule.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996.. It shall remain in force until varied or rescinded, the period for which it was made having already expired.

 

SCHEDULE

 

Award and Variations Incorporated

 

Clause	Award/Variation Serial No.	Date of Pubn.	Date of taking effect	Industrial Gazette Vol.          Page
Award	B4292	3.3.95	First pay period to commence on or after 3.8.94	284	329
Table 3 of Part B Monetary Rates	B3354	31.3.95	First pay period to commence on or after 3.12.94	284	1227
17	B3484	1.9.95	First pay period to commence on or after 22.12.94	287	868
Table 3 of Part B Monetary Rates	B3519	16.6.95	First pay period to commence on or after 16.3.95	286	308
24	B4053	15.3.96	First pay period to commence on or after 13.11.95	291	386
6(e), 20(a), Table 3 of Part B Monetary Rates	B4071	22.3.96	First pay period to commence on or after 14.8.95	291	647
6(f), Part B Monetary Rates	B4745	13.12.96	First pay period to commence on or after 20.8.96	295	1411
24	B4882	21.3.97	First pay period to commence on or after 30.8.96	297	413
6(g), Table 1 of Part B, Monetary Rates	B6012	3.4.98	First pay period to commence on or after 29.8.97	304	253
Table 2 of Part B Monetary Rates	B6272	7.8.98	First pay period to commence on or after 21.11.97	306	114
6(g), Part B, Monetary Rates	B6864	28.5.99	First pay period to commence on or after 25.6.98	309	542
25	B7141	1.10.99	First pay period to commence on or after 10.12.98	310	1292
6(g),  Part B	B7685	25.2.00	First pay period to commence on or after 29.6.99	313	819
28A	B7872	3.3.00	First pay period to commence on or after 3.6.99	313	1063
6(g),  Part B	B9388	20.10.00	First pay period to commence on or after 28.7.00	319	663

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:  $121.40 per week

 

Table 1 -  Wages

 

(a)        Adult Wages ¾

 

Wage Group Level	Former Rate $	SWC 2000 $	Total Wage $
V1	403.50	15.00	418.50
V2	421.90	15.00	436.90
V3	444.40	15.00	459.40
V4	465.30	15.00	480.30
V5	478.30	15.00	493.30
V6	479.00	15.00	494.00
V7	479.80	15.00	494.80
V8	478.70	15.00	494.70
V9	503.40	15.00	518.40
V10	522.20	15.00	537.20

 

(b)        Unapprenticed Junior Employees ¾ Percentage of the ordinary weekly wage for a Vehicle Production Worker Level II ¾

 

 

Age		Percentage
Under 16 years of age	-	35	$152.90
16 years of age	-	45	$196.60
17 years of age	-	55	$240.30
18 years of age	-	65	$284.00
19 years of age	-	78.5	$342.95
20 years of age	-	95	$415.05

 

(c)        Apprentices ¾ Percentage of the ordinary weekly wage for a Car and Carriage Builder ¾

 

Years of Term		Percentage
1st year	-	44.50	$219.50
2nd Year	-	58.25	$287.35
3rd Year	-	77.25	$381.05
4th Year	-	89.00	$439.05

 

Table 2 ¾ Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount $
1	4(a)(i)	Leading Hand Allowance ¾ not less than 3 and not more than 10 employees	21.05 per week
	4(a)(ii)	Leading Hand Allowance ¾ more than 10 but not more than 20 employees	31.55 per week
	4(a)(iii)	Leading Hand Allowance ¾ more than 20 employees	39.60 per week
2	17	Meal Money	7.25 per meal
3	18(a)(i)	Confined Spaces Allowance	0.46 per hour
4	18(a)(ii)	Thermo-welding of Vinyl Linoleum	0.34 per hour
5	18(b)(i)	Dirty Work Allowance	0.35 per hour
6	18(b)(ii)	Dirty Work Allowance ¾ Minimum Payment	1.36 per day
7	18(c)	Height Money Allowance	0.26 per hour
8	18(d)(i)(1)	Hot Place between 46 and 54 degrees Celsius	0.35 per hour
9	18(d)(i)(2)	Hot Place exceeding 54 degrees Celsius	0.60 per hour
10	18(e)	Glass or Slag Wool Allowance	0.46 per hour
11	18(f)(i)	Fibreglass Work	0.24 per hour
12	18(f)(ii) (1)	Fibreglass Work ¾ Minimum Payment second half of day or shift	0.90 per day
13	18(f)(ii) (2)	Fibreglass Work ¾ Minimum Payment first half of day or shift	1.78 per day
14	18(g)	Livestock Transport ¾ working on	0.35 per hour
15	18(h)(i)	First-aid Qualifications	9.80 per week
16	18(i)	Airline Hood/Respirator Allowance	0.46 per hour
17	18(j)	Fire Squad Allowance	9.80 per week
18	18(k)	Building Maintenance Allowance	0.49 per hour
19	20(i)	Carriage Builder’s Tool Allowance	13.90 per week
20	20(ii)	Tradesperson’s Tool Allowance	9.80 per week

 

 

 

G. I. MAIDMENT  J.

 

____________________

 

 

 

Coachmakers, &c., Rail (State) Conciliation Committee

 

Industries and Callings

 

Coachmakers, coach painters, coach trimmers, waggon and carriage makers and repairers, their labourers and assistants, and wheelwrights and labourers engaged in the making and repairing of vehicles running on rails as distinguished from those running on roads in the State, excluding the County of Yancowinna;

 

excepting employees of ‑

 

State Rail Authority of New South Wales;

The Commissioner for Motor Transport;

Blue Circle Southern Cement Limited;

The Kandos Cement Company Limited;

The Council of the City of Sydney;

Sydney Electricity;

Shires and Municipal Councils;

The Electricity Commission of New South Wales (Pacific Power);

The Broken Hill Proprietary Company Limited;

Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron and 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 Council of the City of Newcastle;

South Maitland Railways Pty Limited;

 

and excepting also -

 

Employees in or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

 

and excepting also -

 

Employees covered by the Metal and Engineering Industry (New South Wales)            Conciliation Committee and the Watchmen and Gatekeepers (Waterfront) Conciliation Committee;

Employees within the jurisdiction of the Smelting, &c. (Electrolytic R. & S. Company, &c.) Conciliation Committee, the Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited) Conciliation Committee and the Cement Workers, &c. (State) Conciliation Committee;

Engine drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines, electrical crane, winch, and motor drivers;

Makers or repairers of iron or steel waggons and of iron and steel carriages, other than those engaged in work usually done by carriage and waggon builders; and watchmen.

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.