BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(525)

SERIAL B9638

PHOTOGRAPHIC INDUSTRY (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(Nos. IRC 4161 and 4288 of 1999 and 1722 of 2000)

Before the Honourable Justice Schmidt

18 July 2000

REVIEWED AWARD

Arrangement

Clause No. Subject Matter

PART A

1. Title

2. Anti Discrimination

3. Definitions

4. Wages

5. Allowances

6. Implementation of 38-hour Week

7. Discussion about Implementation of 38-hour Week

8. Hours of Work

9. Shift Work

10. Weekend Rates

11. Overtime

12. Superannuation

13. Public Holidays

14. Contract of Employment

15. Flexibility of Work

16. Mixed Functions

17. Annual Leave

18. Annual Leave Loading

19. Time and Payment of Wages

20. Sick Leave

21. Parental Leave

22. Bereavement Leave

23. Rest Period

24. Protective Clothing

25. Personal/Carers Leave

26. Accident Pay

27. Jury Service

28. Retail Industry Training Wage

29. Disputes Procedure

30. Redundancy

31. Savings Clause

32 Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Allowances

PART C

Table 1 - Skill Level A - Wages

Table 2 - Skill Level B - Wages

Table 3 - Skill Level C - Wages

Appendix A - Memorandum of Agreement

Appendix B - Union Office

PART A

1. Title

This Award shall be known as the Photographic Industry (State) Award.

2. Anti Discrimination

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

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

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

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

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

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

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

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

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

NOTES

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

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

Nothing in the 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."

3. Definitions

(i) Black and White Enlargement Printer - Operates photographic enlarging equipment to produce enlargement prints from customer negatives and copy negatives from customer prints or transparencies. Processes prints to obtain standard quality enlargements. Assists with other duties as required.

(ii) Colour Filter Determinator - Inspects test strips or prints to evaluate filter or technique changes necessary to produce final colour prints or transparencies to the professional photographer's requirements.

(iii) Collector - An employee engaged in collection and delivery of films and/or other photographic equipment from pharmacies, stores and other photographic establishments.

(iv) Colour Enlargement Printer - Operates photographic enlarging equipment to produce enlargement prints from customer negatives and/or transparencies and/or copy negatives from customer prints or transparencies, requiring adjustment of enlargement sizes, exposure times and colour corrections. Processes prints to obtain standard quality enlargements. Assists with other duties as required.

(v) Custom Colour Enlargement Printer - Operates photographic enlarging equipment, frequently requiring specialised techniques, to produce prints and/or transparencies for professional customers. Assists with other duties as required.

(vi) Colour Printer Controller - Responsible for the quality control of photographic printing equipment. Conducts tests on, and inspects all aspects associated with printers and photographic supplies, requiring a sound knowledge of colour and black and white printing and processing.

(vii) Film Retoucher - Performs specialised retouching or bleaching techniques on customer negatives and/or transparencies and/or copy negatives from customer prints, layouts, artworks or transparencies. Assists with other duties as required.

(viii) Kit Mixing Operator - Follows written and other instructions to weigh, measure and mix proprietary chemical kits to the necessary standards for use on colour and black and white photographic processes.

(ix) Black and White Rack and Tank Film Processor - Responsible for the processing of customers black and white films. Processing by deep tank method or operates rack and tank processing equipment to process customer black and white films. Responsible for the operation of feed, agitation, drying and quality control systems.

(x) Artist - Operates air brush equipment to produce specialised colour finishing techniques on customer prints and transparencies.

(xi) Microfilm Service Operator - Assists in the co-ordination and control of filming, printing and packaging of microfilming orders. Assists in the various duties in the area.

(xii) Microfilm Continuous Processing Machine Operator - Responsible for the processing of customers' film. Exercises control over feed of chemicals, drying and quality control systems.

(xiii) Black and White Printer Operator - Operates photographic printing equipment to expose black and white prints from black and white negatives. Exposures involve the assessment of correction and/or exposure adjustment required. Assists with other duties as required.

(xiv) Colour Printer Operator - Operates photographic printing equipment either to expose colour prints from customer negatives and transparencies or to expose colour duplicates from colour transparencies. Exposures involve the assessment of the colour correction and/or exposure adjustment required. Assists with other duties as required.

(xv) Colour Quality Corrector - Compares colour prints against customer negatives and assesses printer corrections to be applied if necessary for reprinting.

(xvi) Rack and Tank Colour Film Processor - Responsible for the processing of customer colour films. Processing by deep tank method or operates rack and tank processing equipment to process customer colour films. Responsible for the operation of feed, agitation, drying and quality control systems.

(xvii) Mini-lab - A mini-lab is a small laboratory processing and printing amateur film primarily, trading directly with the public in a retail and/or commercial situation.

(xviii) Part-time Employee means a weekly employee working a constant number of ordinary hours each week less than 38.

(xix) Seven-day Shift Worker means an employee working in a developing, printing and finishing establishment (other than mini-labs) who is rostered by an employer to work ordinary hours regularly on Sundays and/or public holidays.

(xx) Union means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

4. Wages

(i) The minimum rates of pay for weekly employees in the classifications prescribed in this Award shall be set out in Table 1 - Wages, of Part B, Monetary Rates and as set out in Tables 1, 2 and 3 of Part C, Monetary Rates. The rates for allowances shall be as set out in Tables 2 - Allowances.

Junior Employees - The minimum rate of pay for junior employees, wherever employed, shall be calculated by reference to the percentages of the total rates provided for adult employees as set out in the said Table 1.

The rates of pay in this award include the adjustments payable under the State Wage Cases of June 1998 and June 1999 and the State Wage Case of 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, State Wage Case and minimum rates adjustments.

(ii) Part-time Employees - Shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, calculated to the nearest cent. Provided that employees engaged as part time as at 18 July 2000 shall continue to receive the rate for the relevant position and shall be entitled to wage increases equivalent to 25% of future State wage Case Adjustments until such time as the rates coincide or the new part time rate (no loading) exceeds the rate, and in which case it shall apply.

(iii) Casual Employees - Shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, plus 15 per cent, calculated to the nearest cent with a minimum payment on any day of four hours for each start.

(iv) Second Late Night Penalty - Full-time and part-time employees who work ordinary hours on a Saturday, and full-time and part-time employees who work two late nights in a week pursuant to paragraph (a) of subclause (i) of clause 8, Hours of Work, shall be paid at the rate of ordinary time plus one quarter per hour for the second late night.

5. Allowances

(i) Leading Hand - A Leading Hand shall be paid an amount as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates, in addition to the appropriate applicable rate of pay.

(ii) Qualification Allowance - Employees who are graduates of the Technical and Further Education Photography Certificate Course shall receive an allowance per week as set out in Item 2 of the said Table 2.

(iii) Leading Hand and Qualification Allowances on Annual Holiday - Refer to Clause 18 (iv)

(iv) Broken Shifts - Employees working broken shifts pursuant to clause 8, Hours of Work, of this award, shall be paid an amount as set out in Item 3 of Table 2 for excess fares allowance.

(v) Meal Money - An employee required to work overtime for more than two hours after the ordinary ceasing time shall either be supplied with a meal or paid a sum as set out in Item 4 of Table 2. An employee shall be provided with a meal or paid a sum as set out in Item 5 of Table 2 for each subsequent period of four hours overtime worked. If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he or she shall be paid as above prescribed for meals which he or she has provided but which are surplus.

(vi) Locomotion Allowance -

(a) Where an employee is sent to work from the employer's recognised place of business the employer shall pay, at the appropriate rate, all travelling time from such place of business to the job and, if the employee is required to return the same day to the employer's place of business, the employer shall pay travelling time to the place of business.

(b) An employee sent for duty to a place other than the regular place of duty in connection with their employment shall be reimbursed for reasonable travelling expenses.

(c) Employees using their own vehicle with the approval of and on behalf of the employer shall, in addition to all payments otherwise due to them, be paid allowances on the following basis:

Capacity of vehicle *Standing charge per week Running charge per km

Up to 2 litres (2,000cc) as set out in Item 6 of Item 7 of Table 2

Table 2

Over 2 litres (2,000cc) Item 8 of Table 2 Item 9 of Table 2

* The standing charge shall only apply to full-time employees.

(d) Provided that where an employee occasionally uses the employee’s own vehicle by agreement with the employer on the employer's business, the employee shall be paid an allowance for each kilometre so travelled as follows:

up to 2 litres (2,000cc) - as set out in Item 10 of Table 2;

over 2 litres (2,000cc) - as set out in Item 11 of Table 2;

in lieu of the charges outlined in paragraph (c) of this subclause.

(vii) First-aid Allowance - A weekly employee being the holder of a current St. John Ambulance First-aid Certificate who, in addition to ordinary duties, is appointed by the employer as a first-aid attendant, shall be paid an allowance per week as set out in Item 12 of Table 2, subject to the following conditions:

(a) the employee shall keep the certificate in a state of currency; and

(b) shall undertake to keep abreast of all new first-aid methods relating to such certificate.

This allowance shall not be regarded as part of the wage for paid leave of absence, statutory holidays or the calculation of premiums or penalties.

6. Implementation of 38-hour Week

The ordinary hours of work provided by clause 8, Hours of Work, shall be worked in one of the following methods:

(i) 19-day Month - An employer and his/her employees may agree that the ordinary hours of work provided by clause 7, Discussion about Implementation of 38-hour Week, and/or clause 8, Hours of Work, will be worked as a 19-day month, in which case the following provisions shall apply:

(a) Each employee shall work 152 hours over 19 days in each four-week period with one rostered day off on full pay in each such period.

(b) Each employee shall accrue 24 minutes for each eight-hour shift or day worked by the employee to give the employee an entitlement to take a rostered day off.

(c) Each day of paid leave taken by an employee (including annual leave, but not including long service leave and any public holiday occurring during any cycle of four weeks) shall be regarded as a day worked for the purpose of accruing an entitlement pursuant to subparagraph (1) of paragraph (a), subparagraph (1) of paragraph (b) and subparagraph (1) of paragraph (c) of subclause (i) of clause 8, Hours of Work.

(d) Rostered days off shall not be regarded as part of the employee's annual leave for any purpose.

(e) Notwithstanding any other provisions of paragraph (a) of this subclause, an employee shall not be entitled to more than 12 paid rostered days off in any 12 months of consecutive employment.

(f) Any employee who is scheduled to take a rostered day off before having worked a complete four-week cycle, shall be paid a pro rata amount for the time that the employee has accrued in accordance with the said paragraph (a), for each day worked by the employee in the cycle.

(g) Any employee whose employment is terminated in the course of a four-week cycle shall be paid a pro rata amount for the time accrued by the employee in accordance with the said paragraph (a), for each day worked by the employee in the cycle.

(h) An employee shall be advised by the employer at least four weeks in advance of the day on which the employee is to be rostered off duty.

(i) Rostered days off shall be scheduled by mutual agreement between the employees and the employer.

(j) An employee may, with the agreement of the employer, substitute the day on which the employee is scheduled to be rostered off duty for another day.

(k) If any employee is rostered off duty on the day which coincides with the employee's normal pay day, the employee shall be paid no later than the working day immediately following the employee's rostered day off.

(l) If an employee's rostered day off falls on a public holiday, an alternative rostered day off shall be observed to be fixed by mutual agreement between the employee and the employer.

(m) Any employee required to work on their rostered day off shall be paid in accordance with the provisions of clause 11, Overtime. An employee shall also receive another rostered day off in lieu or be paid out the monetary value of the accrued time for the said rostered day off at single time rates.

(n) Employees are not eligible for sick leave in respect of absences on rostered days off.

(ii) Any Other Method - An employer may apply any other method of implementing the ordinary hours of work provided by clause 8, Hours of Work, on which the employer reaches agreement with the employees.

7. Discussion about Implementation of 38-hour Week

Each employer will propose to employees the basis of implementing the 38-hour week which it determines is best suited to its operations. If the employer and the employees are unable to agree to adopt this proposed basis, the provisions of clause 29, Disputes Procedure, shall apply.

8. Hours of Work

(i) (a) Portrait, advertising and commercial studios -

(1) The ordinary hours of persons engaged and paid according to Section A of Table 1 - Wages, of Part B, Monetary Rates, whether adult or junior employees, may be worked in not more than five days, Monday to Sunday, provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.

(2) Such hours to be worked not more than nine hours continuously except for meal breaks, between 7.00 a.m. and 6.00 p.m., Monday to Saturday (provided that on any two days, Monday to Friday, nine continuous hours, exclusive of meal breaks, may be worked between 7.00 a.m. and 9.00 p.m.) and on Sundays between 8.00 a.m. and 5.00 p.m.

(3) An employee may work up to 11 ordinary hours in one day where there is mutual agreement between the employer and the employee.

(4) Provided further, weekly and part-time employees employed in the industry prior to 26 October 1989 shall not be required to work their ordinary hours of work after 12 noon on Saturdays, nor be required to work their ordinary hours of work past 6.00 p.m. on more than one night of the week, Monday to Friday. Where such an employee chooses not to work after 12 noon on a Saturday, such hours are to be not more than four between 7.30 a.m. and 12 noon.

(b) Developing, printing and finishing establishments (other than mini-labs) -

(1) The ordinary hours of work of day workers engaged and paid according to Section B of the said Table 1, whether adult or junior employees, shall not exceed 38 per week, to be worked in five days, Monday to Saturday, between the hours of 7.00 a.m. and 6.00 p.m. of not more than nine hours each to be worked continuously except for meal breaks.

(2) Provided that employees engaged in developing, printing and finishing establishments (other than mini-labs) may be engaged to work not more than five shifts over seven days of the week, Monday to Sunday, inclusive. Such workers shall be classified as seven-day shift workers and be paid the shift allowances for working shift work (as defined) prescribed by clause 9, Shift Work, and weekend penalties for ordinary time worked prescribed by clause 10, Weekend Rates.

(1) The ordinary hours of persons engaged and paid according to Section C of Table 1, shall not exceed 38 per week and may be worked on not more than five days, Monday to Sunday, provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.

(3) An employee may work up to 11 ordinary hours in one day where there is mutual agreement between the employer and the employee.

(ii) Broken shifts may be worked by day workers between the hours of 7.00 a.m. and 6.00 p.m., Monday to Saturday, and 8.00 a.m. to 5.00 p.m. on Sundays.

(iii) The general starting and/or finishing times, once determined, shall not be altered except by agreement between the appropriate employer and the employees and/or the giving of seven clear days' notice by the said employer to the employee.

(iv) A period of not less than 30 minutes nor more than one hour shall be allowed to day work employees each day for a meal break.

(v) No employee shall be required to work more than five hours continuously without a meal break (or crib time) after commencing the daily work or shift.

(vi) The time for the meal break shall be fixed by mutual agreement in each place of work.

9. Shift Work

(i) "Afternoon Shift" (for the purpose of this clause) means a shift finishing after 6.00 p.m. and at or before midnight. "Night Shift" means a shift finishing after midnight and at or before 8.00 a.m.

(ii) The ordinary hours of seven-day shift workers shall not exceed:

(a) eight in any day;

(b) 48 in any one week;

(d) 152 in 28 consecutive days.

(iii) A shift worker whilst engaged on shift work shall be paid, in addition to the appropriate ordinary rate of wages prescribed under clause 4, Wages, an amount equal to the following relevant percentage of such ordinary rate:

(a) 15 per cent when working on a rotating three-shift roster (day work and afternoon and night shifts);

(b) 12.5 per cent when working on an alternating two-shift roster (day work and afternoon shift);

(d) 30 per cent when working on night shift which does not rotate or alternate so as to give an employee at least one-third of the employee's working time on day work.

(iv) Employees working broken shifts pursuant to clause 8, Hours of Work, shall be paid the following:

(a) 12.5 per cent for ordinary time worked on shift;

(b) Broken shifts - employees working broken shifts pursuant to Clause 8, Hours of Work, shall be paid an amount as set out in Item 3 of Table 2 for excess fares allowance.

(v) The general starting and/or finishing times shall be determined by the employer. Such times, once determined, shall not be altered except by agreement between the appropriate employer and employees or the giving of seven clear days' notice by the said employer to the employees.

(vi) Shift workers shall be entitled to crib time of 20 minutes each shift without deduction of pay.

10. Weekend Rates

(i) Overtime -

(a) For all work done outside ordinary hours on a Saturday the rate of pay shall be time and one-half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime worked.

(b) All overtime worked on a Sunday shall be paid for at double the ordinary rate.

(ii) Ordinary-time - Portrait, advertising, commercial studios and mini- labs -

(a) All ordinary hours worked on a Saturday shall be paid for at the rate of time and one-quarter of the ordinary rate. The method of calculating the part-time rate of pay for ordinary hours worked on a Saturday shall be the part-time rate of pay as per subclause (ii) of clause 4, Wages, multiplied by time and one-quarter. The method of calculating the casual rate of pay for ordinary hours worked on a Saturday shall be the casual rate of pay as per subclause (iii) of clause 4, Wages, multiplied by time and one-quarter.

(b) All ordinary hours worked on a Sunday shall be paid for at the rate of time and one-half of the ordinary rate. The method of calculating the part-time rate of pay for ordinary hours worked on a Sunday shall be the part-time rate of pay as per subclause (ii) of clause 4, Wages, multiplied by time and a half. The method of calculating the casual rate of pay for ordinary hours worked on a Sunday shall be the casual rate of pay as per subclause (iii) of clause 4, Wages, multiplied by time and a half.

(iii) Ordinary-time - Developing, printing and finishing establishments (other than mini-labs)

(a) All ordinary hours worked on a Saturday shall be paid for at the rate of time and one-half.

(b) All ordinary time worked on a Sunday shall be paid at the rate of double time.

(c) The rates prescribed by paragraphs (a) and (b) of this subclause shall be paid in lieu of the shift allowances prescribed by subclause (iii) of clause 9, Shift Work.

11. Overtime

(i) Rates of Pay - Notwithstanding Clause 10 Weekend Rates, for all work done outside ordinary hours the rates of pay shall be time and one-half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work. Except as provided in this subclause, or subclause (ii) of this clause, in computing overtime each day's work shall stand alone.

(ii) Return to Duty after Overtime - When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee (other than a casual employee) who works so much overtime between the termination of such employee's ordinary work on one day and the commencement of the employee's ordinary work on the next day, that the employee 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 the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty for such period, the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) Call Back - An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time so recalled. This subclause shall not apply in cases where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause (ii) of this clause, where the actual time worked is less than four hours on such recall or on each of such recalls.

(iv) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked, or, for day workers, if required to work after 7.00 p.m., provided the employee continues to work after such crib time. Where the period of overtime is more than one and one-half hours, an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at the appropriate ordinary rate. 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 for any time allowed in excess of 20 minutes.

12. Superannuation

(i) Definitions -

(a) Approved Superannuation Fund means a fund that complies with the Occupational Superannuation Guidelines and which is limited to the following:

(1) The Australian Superannuation Savings Employment Trust (ASSET); or

(2) The Australian Retirement Fund (ARF); or

(3) The Retail Employees' Superannuation Trust (REST); or

(4) a fund to which an employer was making contributions on behalf of employees prior to the making of the Photographic Industry (State) Superannuation Award published 6 November 1992 (272 I.G. 358). Provided that such fund is approved by the Occupational Superannuation Commissioner as conforming to the Commonwealth Government Operational Standards for Occupational Superannuation Funds.

(b) Ordinary-time Earnings means:

(1) In the case of a weekly employee, the classification's weekly rate of pay (including, where applicable, leading hand allowance, TAFE Certificate allowance, Saturday allowance and/or shift allowances) together with any overaward payment for ordinary hours of work.

(2) In the case of a casual or part-time employee the number of ordinary hours worked in each week multiplied by the appropriate hourly rate for the classification of the employee (including, where applicable, the leading hand allowance and/or shift allowance and/or the part- time or the casual loading).

(c) Overaward Payment means the amount (whether it be termed overaward payment, attendance bonus, service increment, or any term whatsoever) which an employee would receive in excess of the award rate of pay for the classification in which such employee is engaged. Provided that such payment shall exclude overtime, meal allowances and any other ancillary payments of a like nature.

(d) Parties means the unions and any employer(s) and/or employer associations.

(e) Trustee means the trustee of an approved fund as may be appointed from time to time.

(ii) Exemption to the Clause - Where more than seventy-five per cent of employees of an employer are covered by the Retail Industry (State) Superannuation Award, that award may apply to the employees in lieu of this clause.

(iii) Procedures for Employers to Become Party to an Approved Fund -

(a) Each employer bound by this clause shall sign and execute an application to become a participating employer of an approved fund on the first day of the calendar month following the commencement of employment of an eligible employee.

(b) Each employer bound by this clause shall become party to the approved fund upon the acceptance of the trustee of the approved fund of an application to become a participating employer, duly signed and executed by each employer and the trustee of the approved fund.

(c) Each employer bound by this clause shall provide every employee who is not already a member of the approved fund with a membership application form for the approved fund upon commencement of service or upon commencement of this clause. Each employee shall be required to complete such form and the completed form shall be forwarded to the Administrator of the approved fund at the end of the calendar month of commencement of service or the commencement of this clause, whichever is the later.

(iv) Fund -

(a) Each employer shall consult as may be necessary to facilitate the selection by employees of an approved superannuation fund as defined in paragraph (a) of subclause (i) of this clause.

(b) No employer shall be required to make or be prevented from making, at any one time, contributions into more than one approved superannuation fund. Such fund shall be determined by a majority decision of employees, except where:

(1) the employer was making contributions on behalf of employees prior to the making of the Photographic Industry (State) Superannuation Award published 6 November 1992 (272 I.G. 358) into an approved superannuation fund;

(2) employees covered by this clause are in the minority of the employer's workforce and one of the other approved superannuation funds already has practical application to the majority of award employees of that employer whether under a State or Federal award(s) or registered agreement(s).

(c) The initial selection of an approved superannuation fund recognised in the said paragraph (a) of subclause (i) of this clause shall not preclude a subsequent decision by the majority of employees in favour of another fund recognised under the said paragraph (a) where the long-term performance of the fund is clearly disappointing. Where this provision has been utilised and, as a result, another approved fund is determined, access to a further re-appraisal of the fund for the purpose of favouring yet another fund shall not be available until a period of three years has elapsed after that utilisation of this provision.

(v) Eligibility of Employees -

(a) Date of Becoming Eligible:

(1) Permanent Employees : All weekly and part-time employees shall be eligible to join the approved fund after 6 months continuous service with the particular employer.

(2) Casual Employees : A casual employee shall be eligible to join the approved fund after 6 months regular service with the employer, and if the employee works 12 hours or more per week.

(b) Payment from Date Eligible : Notwithstanding the date upon which an employee signs a membership application form, contributions in accordance with subclause (vi), Contributions, of this clause, shall be made from the date when the employee became eligible for membership.

(vi) Contributions - Each employer shall pay in respect of each employee an amount equal to three per cent of the employee's ordinary-time earnings upon completion of the qualifying periods specified in paragraph (a) of subclause (v) 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 subclause.

Notwithstanding the foregoing, an employer shall only make contributions on behalf of a casual employee when they work more than 12 hours in any one calendar month.

(vii) Unpaid Contributions - An employer who has failed to comply with the requirements of this clause in respect of any eligible employee shall, in addition to any contributions not paid upon the due dates, pay to the appropriate fund an amount equivalent to the return those contributions would have attracted had they been duly paid.

(viii) Remitting Payments - Each employer shall remit to the trustee of the fund all contributions due in respect of his/her employees immediately at the conclusion of each calendar month and before the end of the next calendar month or at such other times and in such manner as may be agreed in writing between the employer and the trustee.

(ix) Records - Each employer shall retain all records relating to the calculation of payments due to the approved superannuation fund in respect of each employee and such records shall be retained for a period of six years. They shall be available for inspection by:

(a) the officials of the union in accordance with section 298 of the Industrial Relations Act 1996;

(b) by representatives of the trustee.

13. Public Holidays

(i) (a) An employee on weekly hiring shall be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day (or Labour Day), Christmas Day, Boxing Day, and all other days proclaimed as public holidays throughout the State and the picnic day of the union, which shall be held on the first Monday in August.

(b) Provided that, by agreement between an employer and the union delegate, other days will be substituted for the said days or any of them at such employer's establishment.

(c) By mutual agreement between the employer and the employee the employee may work on the picnic day and shall be paid at the rate of double the ordinary rate.

(d) By mutual agreement between the employer and the employee the employee may work on the picnic day and shall, in lieu thereof, have an extra day added to annual leave.

(ii) All time worked on a public holiday shall be paid for at the rate of two and one-half times the ordinary rate.

(iii) Where a public holiday is observed on the rostered day off of an employee, the employee shall be paid an additional day's pay or, subject to the Annual Holidays Act 1944, be allowed an additional day added to the annual leave in respect of such holiday. Provided, however, that this subclause shall not apply to a part-time employee where the day would not come within the contract of employment of such part-time employee.

14. Contract of Employment

(i) Term of Employment - Except as hereinafter provided, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

(ii) Notice of Termination - Employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be. This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct (and in such cases the wages shall be paid up to the time of dismissal only) or to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

An employee, having given or been given notice as aforesaid, shall continue in employment until the date of the expiration of such notice. An employee who, having given or been given notice as aforesaid, without reasonable cause (proof of which shall lie on the employee) is absent from work during such period shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period.

(iii) Probationary Period -

(a) Employees engaged as permanent employees without any previous service with the employer may be engaged for a probationary period of four weeks. During the first four weeks of employment such employees may be terminated with one hour's notice.

(b) Casual employees who are subsequently engaged as permanent employees may be terminated with one hour's notice during the first week of such permanent employment only.

(iv) Part-time Employment -

(a) An employee engaged on a part-time basis shall be entitled to pro rata payment in respect of annual leave, public holidays, sick leave and bereavement leave.

(b) A part-time employee who works in excess of the hours prescribed under the weekly contract of employment of such an employee shall be paid overtime in accordance with clause 11, Overtime.

(v) Casual Employment - A casual employee is one engaged and paid as such. The employment of a casual employee may be terminated by one hour's notice and such employee shall be paid all moneys due forthwith on termination.

(vi) Incidental Cleaning Duties - It shall be part of employees' duties to perform cleaning functions incidental to their work. Without limiting the generality of the foregoing, the dusting of shelves and of stock, the sweeping up of string and wrapping around counters, the cleaning of implements and fixtures used in the work, and the cleaning (including vacuum cleaning) of the immediate work area shall be so included.

(vii) An employee shall not be required to wet wash floors, clean lavatories, sweep pavements or clean the exteriors of windows other than for the removal of occasional defacements.

(viii) An employee shall not be required to carry out systematic cleaning duties which go beyond the incidental functions as outlined in subclause (vi) of this clause.

15. Flexibility of Work

(i) Employees within each ordinary classification are to perform all work within their skill and competence, including work which is incidental or peripheral to their main tasks or function.

(ii) Employees shall perform such work as is reasonable and lawfully required of them by the employer, including accepting instruction from authorised personnel.

(iii) Employees shall take all reasonable steps to achieve quality and accuracy of any job or task assigned to the employee.

(iv) Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times, provided the respective union has reasonable access to the terms of the review upon request.

(v) (a) For the purpose of increasing productivity, flexibility and efficiency in mixed enterprises, as well as enhancing opportunities for employees, broad banding may extend, by agreement between an employer and an employee, to allow the employee to perform any work in a mixed enterprise within the scope of their skills and competence. A mixed enterprise is defined as an establishment where the primary operation is not covered by this award but where there is an on-site shop which employs less than 25 per cent of the total number of employees in the enterprise.

(b) Employees in a mixed enterprise shall not impose or continue to enforce 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.

(c) Provided further that where employees and their employer cannot agree as per paragraphs (a) and (b) of this subclause, the provisions of clause 29, Disputes Procedure, shall apply.

16. Mixed Functions

(i) An employee engaged for four hours or more on any one day or shift on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for such day or shift, as the case may be.

(ii) A weekly employee shall not suffer any deduction in wages during any week by reason of having been put to work for a part of such week at a classification lower than that under which the employee was engaged or deemed to be working.

17. Annual Leave

Refer Annual Holidays Act 1944.

18. Annual Leave Loading

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

(ii) Before an employee is given and takes an annual holiday 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 the 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 (vi) of this clause.)

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

(iv) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iii) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday together with, where applicable, the Leading Hand allowance prescribed by Item 1 of Table 2 and the qualification allowance as set out in Item 2 of Table 2, but shall not include the Saturday penalty for ordinary hours wherever prescribed by the parent award, nor shall it include any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

(v) The loading is to be calculated in relation to any period of annual holiday to which the employee has become entitled under the Act and this award (but excluding days added for public or special holidays falling on an employee's rostered day off not worked) or, where such holiday is given and taken in separate periods, then in relation to each such separate period.

(vi) No loading is payable to an employee who takes an annual 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 (iv) of this clause applying the award rates of wages payable on that day.

(vii) 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:

(a) 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 (iv) of this clause;

(b) 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 the employee under this clause if the employee had become entitled to an annual holiday prior to the closedown as the employee's qualifying period of employment in completed weeks bears to 52.

(viii) (a) When the employment of an employee is terminated lawfully by the employee or by the employer for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (iv) of this clause for the period not taken.

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

(ix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

19. Time and Payment of Wages

(i) All wages shall be paid weekly in addition to any commission, bonus or premium to which the employee is entitled. Such payment shall be made on the same day of each week, which shall not be a Friday, a Saturday or a Sunday except as herein provided for, and shall be made up to and including at least the third day preceding the day of payment; provided that, in a week where an award holiday falls on the day in which wages are usually paid, payment thereof shall be made not later than the working day immediately preceding the award holiday. Other arrangements regarding payment may be made by agreement between the employer and the employees. Notwithstanding the foregoing:

(a) Overtime shall be paid not later than a week from the second day succeeding the day on which it was earned. Provided that where an employee is paid fortnightly in accordance with paragraph (g) of this subclause, then overtime worked in the second week of a pay period may be paid in the following pay period.

(b) Where employment is terminated an employee shall be paid forthwith all ordinary wages due and shall be paid all overtime and other moneys due within seven days of the date of the termination of employment.

(c) In the event of an employer not paying the said overtime and other moneys due at the time on which the employer has undertaken to pay, then the employer shall reimburse the employee all expenses incurred in attending to collect the amounts due to the employee.

(d) Casual employees and part-time employees may elect to be paid on a Friday, Saturday or Sunday, should they so wish.

(e) When an employee is required by an employer to wait beyond the ordinary ceasing time of the employee for payment of ordinary wages or, when an employee is terminated, to wait for payment of ordinary wages after the period of the termination for a period of more than 15 minutes, the employee shall be paid ordinary wages for the period during which the employee is so required to wait.

(f) Wages may be paid by electronic funds transfer. Provided that where wages are paid by electronic funds transfer additional costs associated with the introduction and operation of electronic funds transfer shall be paid for by the employer.

(g) Wages may be paid fortnightly, provided that the employee is paid no later than the third day of the second week of the pay period.

20. Sick Leave

(i) If an employee is absent from duty the employer may make a deduction from the employee's wages proportionate to the length of the absence; provided that this subclause shall not apply to cases of illness subject to subclause (ii) of this clause.

(ii) If the absence from duty of an employee engaged by the week be reasonable because of the employee's own illness not the result of such employee's own misconduct nor occasioned while engaged in work or sport for profit (otherwise than under this award) and he or she produces within 24 hours, Sundays and holidays excluded, to the employer satisfactory evidence thereof by medical certificate, statutory declaration or otherwise, no deduction shall be made in respect of such absence except so far as it exceeds in the aggregate:

1st year of service - five days or 38 hours of ordinary working time.

2nd year of service - seven days or 53.2 hours of ordinary working time.

3rd year of service - nine days or 68.4 hours of ordinary working time.

4th year of service - ten days or 76 hours of ordinary working time.

Provided further that this subclause shall only apply to an employee who has been in the service of the employer for more than three months and that in the first year of service sick leave credits shall accrue on a pro rata basis of one day for each two months of service.

(iii) Notwithstanding anything contained in subclause (ii) of this clause, if the full period of sick leave as prescribed in the said subclause (ii) is not taken in any year such portion as is not taken shall, provided the employee remains in the service of such employer, be cumulative from year to year.

(iv) Provided that any sick leave (unpaid) taken during the first three months shall be paid for at the end of the said three months subject to the provisions of subclauses (ii) and (iii) of this clause.

21. Parental Leave

Refer Industrial Relations Act 1996.

22. Bereavement Leave

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause (iii) of this clause.

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

(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 (i) of clause 25, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 25. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

23. Rest Period

One interval of ten minutes to be selected by the appropriate employer shall be allowed to all employees each day for refreshment. The interval shall be counted as part of the time of duty without deduction of time worked pay and shall be allowed for an employee who works four hours or more each day.

24. Protective Clothing

(i) Employees shall be provided with suitable protective clothing as the employer considers is desirable for the job. Such protective clothing shall be worn by the employee.

(ii) Protective clothing and other equipment shall remain the property of the employer at all times and any employee applying for a new issue of any protective clothing supplied by the employer who fails to return such clothing last issued to him or her shall not be entitled to a new issue without payment therefor. Should any employee on leaving the employer's service fail to return any protective clothing or equipment the property of the employer, the employer may deduct from the employee's final wages the value of the articles.

(iii) Overalls are to be laundered by the employee to maintain them in a presentable condition.

25. Personal/Carer's Leave

(i) Use of Sick Leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 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 20, Sick Leave, of the parent award, 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.

(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 stepchild, 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.

(ii) 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 (i) who is ill.

(iii) Annual Leave -

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

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

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

(iv) Time Off in Lieu of Payment for Overtime -

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

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

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

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

(v) Make-up Time -

(a) An employee may elect, with the consent of the employer, to work "make-up time", under 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.

(vi) 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.

26. Accident Pay

See the provisions of the Workers' Compensation Act 1987.

27. Jury Service

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

An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service.

Further, the employee shall give to the employer proof of the employee's attendance, the duration of such attendance and the amount paid in respect of such jury service.

28. Retail Industry Training Wage

(i) Title - This clause establishes the Retail Industry Training Wage and associated conditions for all persons engaged in the Photographic Industry in New South Wales undertaking a traineeship as defined.

(ii) Application -

(a) Subject to paragraph (c) of this subclause, this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with the parent award or any "former industrial agreement", of the Industrial Relations Commission of New South Wales which covers the terms and conditions of employment of persons performing work covered by this award.

(b) The terms and conditions of this award or any "former industrial agreement" of the Industrial Relations Commission shall apply, except where inconsistent with the provisions of this clause.

(c) Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award in paragraph (a) of this subclause prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed between the employer and the relevant union(s).

(d) This award does not apply to the apprenticeship system.

(iii) Objective - The objective of the Retail Industry Training Wage is to assist with the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long-term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Except as provided for in clause 5, Allowances, nothing in this award shall be taken to replace the prescription of training requirements in the relevant award.

(iv) Supersession - Any existing award provisions for the Australian Traineeship System (ATS) or the Career Start Traineeship (CST) shall only remain applicable to any employer bound by this award, except in relation to ATS or CST trainees who commenced a traineeship with an employer prior to the operation of this award.

(v) Definitions -

"Approved Training" means training undertaken (both on or off the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practices in accordance with a traineeship scheme approved by the Department of Training and Education Co-ordination (DTEC) or by the National Employment and Training Taskforce (NETTFORCE). The training will be accredited and lead to qualifications as set out in paragraph (a) of subclause (vi) of this clause.

"Relevant Award" means an award that applies to a trainee, or that would have applied but for the operation of this award.

"Relevant Union" means a union party to a relevant award and which is entitled to enrol the trainee as a member.

"Trainee" means an employee who is bound by a traineeship agreement made in accordance with this award.

"Traineeship" means a system of training which has been approved by DTEC, or which has been approved on an interim basis by NETTFORCE, until final approval is granted by DTEC.

"Traineeship Agreement" means an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with DTEC or NETTFORCE. A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

"Traineeship Scheme" means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A traineeship scheme shall not be given approval unless consultation and negotiation with the union upon the terms of the proposed traineeship scheme and the traineeship have occurred. An application for approval of a traineeship scheme shall identify the relevant union(s) and demonstrate to the satisfaction of DTEC or NETTFORCE that the abovementioned consultation and negotiations have occurred. A traineeship scheme shall include a standard format which may be used for a traineeship agreement.

"Parties to a Traineeship Scheme" means the employer organisation and/or the employer and relevant union involved in the consultation and negotiation required for the approval of a traineeship scheme.

"DTEC" means the Department of Training and Education Co- ordination.

"NETTFORCE" means the National Employment and Training Taskforce. References in this award to "DTEC or NETTFORCE" shall be taken to be a reference to NETTFORCE in respect of a traineeship that is the subject of an interim approval but not a final approval by DTEC. NETTFORCE powers and functions stipulated in this award may be circumscribed by the terms of an agreement between NETTFORCE and DTEC.

"Appropriate State Legislation" means the Industrial and Commercial Training Act 1989 or any successor legislation.

"Year 10" - For the purposes of this award, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

(vi) Training Conditions -

(a) The trainee shall attend an approved training course or training programme prescribed in the traineeship agreement or as notified to the trainee by DTEC in accredited and relevant traineeship schemes, or NETTFORCE if the traineeship scheme remains subject to interim approval.

(b) A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with DTEC or NETTFORCE; provided that if the traineeship agreement is not in a standard format, a traineeship shall not commence until the traineeship agreement has been registered with DTEC or NETTFORCE. The employer shall ensure that the trainee is permitted to attend the training course or programme provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.

(c) The employer shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.

(d) The employer agrees that the overall training programme will be monitored by officers of DTEC or NETTFORCE and training records or work books may be utilised as part of this monitoring process.

(e) Training shall be directed at:

a) the achievement of key competencies required for successful participation in the workplace (where these have not been achieved) (e.g., literacy, numeracy, problem solving, team work, using technology), and as are proposed to be included in the Australian Vocational Certificate Level 1 qualification. This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

b) the achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards, these will define these competencies), as are proposed to be included in the Australian Vocational Certificate Level 2 qualification or above.

(vii) Employment Conditions -

(1) A trainee shall be engaged as a full-time employee for a maximum of one year's duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month, which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of DTEC or NETTFORCE, the relevant employer and the trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.

(2) An employer shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned and DTEC or NETTFORCE in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989. An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, DTEC or NETTFORCE of their decision.

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

(4) 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 purposes of any relevant award or any other legislative entitlements.

(5) (a) The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.

(b) No trainee shall work overtime or shift work on their own, unless consistent with the provisions of the relevant award.

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

(d) The trainee wages shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the parent award, unless otherwise agreed by the parties to the traineeship scheme.

(6) All other terms and conditions of this award or former industrial agreements that are applicable to the trainee, or would be applicable to the trainee but for this award shall apply, unless specifically varied by this award.

(7) A trainee who fails to either complete the traineeship or who cannot, for any reason, be placed in full-time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payments.

(viii) Wages -

(a) (i) The weekly wages payable to trainees are as provided in Tables 1, 2 and 3 of Part C.

(ii) These wage rates will only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this award.

(iii) The wage rates prescribed by this clause do not apply to the complete trade level training which is covered by the apprenticeship system.

(iv) The rates of pay in this clause have been adjusted for the First and Second Arbitrated Safety Net Adjustments payable under the State Wage Cases of June 1999 and 1999. 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, State Wage Case, and minimum rates adjustment.

(b) Part C sets out the skill levels of an approved traineeship. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made by NETTFORCE, based on the following criteria:

(i) any agreement of the parties;

(ii) the nature of the industry;

(iii) the total training plan;

(iv) recognition that training can be undertaken in stages;

(iv) the exit skill level in the relevant award contemplated by the traineeship

In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

(c) For the purposes of the said Tables 1, 2 and 3, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

(i) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

(ii) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(iii) not include any period during a calendar year in which a year of schooling is completed;

(iv) have effect on an anniversary date, being 1 January in each year.

(v) No increase in wage rate as a result of the increase in the number of years "out of school" experienced by a trainee shall be payable before 1 January 1997, except where the payment for the years "out of school" has been increased prior to 22 March 1996.

(d) At the conclusion of the traineeship, this award ceases to apply to the employment of the trainee and the relevant award shall apply to the former trainee.

29. Disputes Procedure

(i) Procedures relating to grievances of individual employees:

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

(b) If a resolution to the grievance is not found the matter shall be referred to the next level of management within the business.

(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

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

(f) The employee may be represented by any union party to this award.

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

(a) A question, dispute or difficulty must initially be dealt with by the employees' immediate supervisor.

(b) If a resolution to the problem cannot be found then the matter shall be referred to the next level of management within the business.

(d) Once this procedure has been exhausted the matter may be referred to the Industrial Relations Commission of New South Wales by any party to the dispute.

(e) 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.

30. Redundancy

(i) Application -

(a) This clause shall apply in respect of full-time and part-time employees as set out in clause 4, Wages.

(b) This clause shall apply in respect to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (v) of this clause.

(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change -

(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 this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(iii) 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 subclause (ii) 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 discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause (ii) of this clause.

(c) For the purpose of such discussion, 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.

(iv) 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 paragraph (a) of subclause (ii), 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 reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purposes 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(v) 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 paragraph (a) of subclause (ii) 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
2 years and less than 5 years	3 weeks
3 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.

(vi) Notice for technological change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (a) of subclause (ii) of this clause.

(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.

(vii) 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 purposes 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.

(viii) 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 as those 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.

(ix) 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.

(x) Notice to Centrelink - 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.

(xi) 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 relevant Commonwealth agency.

(xii) Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (a) of subclause (ii) of this clause, 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.

(xiii) Severance Pay - Where an employee is to be terminated pursuant to paragraph (a) of subclause (ii), 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.

(xiv) Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause.

The Industrial Relations Commission 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 subclause (xiii) of this clause will have on the employer.

(xv) Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause if the employer obtains acceptable alternative employment for an employee.

(xvi) Procedures Relating to Grievances - Grievances relating to individual employees will be dealt with in accordance with clause 29, Disputes Procedure.

31. Savings Clause

Any part-time employee receiving a 15 per cent part-time loading as at 20 December 1994 shall continue to receive such loading whilst engaged with the same employer.

32. Area, Incidence and Duration

(a) This Award shall apply to all classes of persons provided for herein within the jurisdiction of the Photographers (State) Industrial Committee

(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Photographic Industry (State) Award published on 16 June 1995 (286 I.G. 244), the Photographic Industry (State) Wages Adjustment and Allowances Award published on 30 May 1997 (298 I.G. 877) and the Photographic Industry (State) Superannuation Award published on 6 November 1992 (272 I.G. 358), and all variations thereof.

(c) The award published 16 June 1994 took effect from the beginning of the first pay period to commence on 23 December 1994 and the variations thereof incorporated herein on the dates set out in the attached Schedule A.

(d) The changes made to the award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are set out in the attached Schedule B and take effect on 18 July 2000.

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

Schedule A

Award and Variations Incorporated

Clause	Award / Variation Serial No	Date of Publication	Date of taking effect. First pay period from	Industrial Gazette Vol Page
Photographic Industry (State) Award	B3643 B5399	1.9.95 30.5.97	4.5.95 8.6.96	287 298	853 1016
Photographic Industry (State) Wages Adjustment and Allowances Award	B5400 B5022 B5942 B6837	30.5.97 30.5.97 9.4.98 4.6.99	8.7.96 30.8.96 1.9.97 31.7.98	298 298 304 309	877 896 354 637
Photographic Industry (State) Superannuation Award	B1610	6.11.92	18.12.91	272	358

Scedhule B

Changes made on Review

Date of Effect: 18 July 2000

(1) Provisions Modified

Award

Clause

Previous Form of Clause Last Published at:

Vol Page

Photographic Industry (State) Award

1. Arrangement

2. Anti Discrimination

4. Wages

5. Allowances

Note: from the splinter award

10. Weekend Rates

Note: numbering references consequential to numbering changes to Clause 4 Wages.

12. Meal Money

Note: clause removed - now included in Clause 5 Allowances

12. Superannuation

Note: consolidated from the splinter award.

17. Annual Leave

Note: summary deleted

21. Parental Leave

Note: summary deleted

22. Bereavement Leave

Note: standard 1998 clause

25. Travelling Time and Expenses

Note: subsumed under Clause 5 Allowances

25. Personal Carer’s Leave

28 First Aid Allowance

Note subsumed under Clause 5 Allowances

28. Retail Industry Training Wage

Note: consolidated from splinter award

286

309

286

272

286

298

286

298

244

637

244

358

244

896

244

877

(2) Provisions Removed

Award

Clause

Previous Form of Clause Last Published at:

Vol Page

Photographic Industry (State) Award

2. Basic Wage

5. Arbitrated Safety Net Adjustment

5A. Review Process: Facilitative Provisions and Majority Clauses

30. Productivity Negotiations

286

287

286

244

853

244

(3) Rescinded Obsolete Awards Related to this Review:

Award

Last Published at:

IG Vol Page:

Photographic Industry (State) Superannuation Award

Photographic Industry (State) Wages Adjustment and Allowances Award

Note: the provisions of these awards are consolidated into the reviewed parent award

272

309

358

637

PART B

MONETARY RATES

Table 1 - Wages

Classification	Former Rate $	SWC 1999 eff. 9.6.00. $	SWC 2000 eff 9.6.01 $
Section A - Portrait, Advertising and Commercial Studios
Photographer	429.60	441.60	456.60
Retoucher	419.30	431.30	446.30
Artist	419.30	431.30	446.30
Photographer’s Assistant	411.80	423.80	438.80
Collector	411.80	423.80	438.80
Clerk/Receptionist	406.90	418.90	433.90
Employees not elsewhere classified - First three months Thereafter	390.40 406.90	402.40 418.90	417.40 433.90
Section B - Developing, Printing and Finishing Establishments (other than mini-labs):
Group 1 - Colour Filter Determinator Custom Colour Enlargement Printer Colour Printer Controller Microfilm Service Operator	453.70	465.70	480.70
Group 2 - Rack and Tank Colour Film Processor Colour Enlargement Printer Colour Quality Corrector Kit Mixing Operator Colour Printer Operator Microfilm Continuous Processing Operator	438.50	450.50	465.50
Group 3 - Rack and Tank Black and White Film Processor Black and White Enlargement Printer Black and White Printer Operator X-ray, Sheet Film and Sensitised Paper Finisher	421.90	433.90	448.90
Group 4 - Mircofilm Operator - Clerk/Receptionist	406.90	418.90	433.90
Group 5 - Employees not elsewhere classified - First three months Thereafter	390.40 406.90	402.40 418.90	417.40 433.90
Section C - Mini-labs:
Amateur Photo Finisher - Printing Machine Operator	415.70	427.70	442.70
Employees not elsewhere classified: First three months Thereafter	390.40 406.90	402.40 418.90	417.40 433.90
Section D - Junior Rates: Percentage of Adult Rate of Pay at 16 years of age ............... 50 First three months ($402.40 from 9.6.2000 and 417.40 from 9.6.2001) at 17 years of age ............... 60 Thereafter ($418.90 from 9.6.2000 and 433.90 from 9.6.2001) at 18 years of age ............... 70 at 19 years of age ............... 80 at 20 years of age ............... 90

Table 2 - Allowances

Item No	Clause No	Brief Description	Amount Following SWC 1999 eff 9.6.2000 $	Amount Following SWC 2000 eff 9.6.2001 $
1	5(i)	Leading hand allowance	19.00	19.60
2	5(ii)	TAFE Photography Certificate	10.90 per week	11.20 per week
3	5(iv)	Excess fares allowance	9.00 per week 1.80 per day	9.00 per week 1.80 per day
4	5(v)	Meal money - 1st meal	8.90	8.90
5	5(v)	Meal money - 2nd and subsequent meals	8.90	8.90
6	5(vi)	Locomotion allowance - Standing charge - vehicles up to 2 litres (2,000cc)	191.30	191.30
7	5(vi)	Locomotion allowance - Running charge - vehicles up to 2 litres (2,000cc)	0.25	0.25
8	5(vi)	Locomotion allowance - Standing charge - vehicles over 2 litres (2,000cc)	226.90	226.90
9	5(vi)	Locomotion allowance - Running charge - vehicles up to 2 litres (2,000cc)	0.29	0.29
10	5(vi)	Kilometre allowance - vehicles up to 2 litres (2,000cc)	0.42	0.42
11	5(vi)	Kilometre allowance - vehicle over 2 litres (2,000cc)	0.49	0.49
12	5(vii)	First-aid allowance	10.40	10.70

PART C

Table 1 - Skill Level A - Wages

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A:

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	142.0 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	241.00
plus 1 year out of school	198.00	241.00	281.00
plus 2 years	241.00	281.00	327.00
plus 3 years	281.00	327.00	374.00
plus 4 years	327.00	374.00
plus 5 years or more	374.00

* Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate if applicable. Where not specifically indicated, the average proportion of time spent is structured training which has been taken into account in setting the rate is 20 per cent.

Table 2 - Skill Level B - Wages

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B:

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	142.00 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	231.00
plus 1 year out of school	198.00	231.00	266.00
plus 2 years	231.00	266.00	312.00
plus 3 years	266.00	312.00	356.00
plus 4 years	312.00	356.00
plus 5 years or more	356.00

Table 3 - Skill Level C - Wages

Skill Level C: Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C:

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	142.00 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	221.00
plus 1 year out of school	198.00	221.00	248.00
plus 2 years	221.00	248.00	278.00
plus 3 years	248.00	278.00	311.00
plus 4 years	278.00	311.00
plus 5 years or more	311.00

Appendix A : Memorandum of Agreement

This agreement is made this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . .

between

The Australian Liquor and Hospitality and Miscellaneous Workers Union, New South Wales Branch or the Shop, Distributive and Allied Employees' Association, New South Wales or the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern, New South Wales (The Union)on the one part,

and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(The Employer)

on the other part

Pursuant to the Superannuation Principle of the State Wage Case of August 1988 it is hereby agreed as follows:

The employer shall make contributions to a superannuation scheme according to the terms of this clause.

The employer shall abide by all terms prescribed in the said clause.

The employer's contributions shall operate from the first pay period commencing on or after . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed for and on behalf of )

)

) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the presence of:

. . . . . . . . . . . . . . . . . . . . . . . . .

Signed for and on behalf of )

)

) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the presence of:

. . . . . . . . . . . . . . . . . . . . . . . . . .

Appendix B: Union Office

Union notice will include the following:

You are hereby notified that a Superannuation Provision has been made applicable to employment presently regulated by the Photographic Industry (State) Award. Enclosed is a copy of the clause, ASSET and ARF or REST Information Kit. Enclosed also is a form of memorandum of agreement which is requested should be signed by you or on your behalf as an employer bound by the clause. This agreement and, as a consequence, the new clause will be operative on and from the first pay period commencing on or after the date of signing of the agreement which will be filed with the Industrial Registrar.

In accordance with the clause, if such agreement is not completed within 14 calendar days after receipt of this notice, the clause will be applicable to you and to your employees on and from the first pay period commencing on or after the expiration of 14 calendar days following the service of this notice on you.

Photographers (State) Industrial Committee Industries and Callings

Employees in any branch of photography in the State, excluding the County of Yancowinna;

excepting employees of:

The Council of the City of Sydney;

The Sydney County Council;

Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Industrial Committee and the Quarries (Australian Iron and Steel Pty Limited) Industrial Committee;

Blue Circle Southern Cement Limited;

The Council of the City of Newcastle;

The Australian Gas Light Company;

The North Shore Gas Company Limited;

and excepting also persons employed in or by The United Dental Hospital of Sydney;

and excepting also employees within the jurisdiction of the following Industrial Committees:

University Employees, &c. (State);

County Councils (Electricity Undertakings) Employees;

John Lysaght (Australia) Limited Newcastle;

John Lysaght (Australia) Limited Port Kembla;

Cement Workers, &c. (State).

M. Schmidt J.

____________________

Photographers (State) Industrial Committee

Industries and Callings

Employees in any branch of photography in the State, excluding the County of Yancowinna;

excepting employees of

The Council of the City of Sydney;

Sydney Electricity;

Blue Circle Southern Cement Limited;

The Council of the City of Newcastle;

The Australian Gas Light Company;

and excepting also persons employed in or by The United Dental Hospital of Sydney;

and excepting also employees within the jurisdiction of the following Industrial Committees -

University Employees, &c. (State);

County Councils (Electricity Undertakings) Employees;

John Lysaght (Australia) Limited Newcastle;

John Lysaght (Australia) Limited Port Kembla;

Cement Workers, &c. (State).

____________________

Printed by the authority of the Industrial Registrar.

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