ANIMAL
WELFARE, INSTITUTIONAL (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards
pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 3137, 3138
and 3141 of 1999 and 3684 of 2000)
Commissioner Tabbaa
|
20 October 2000
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Hours
3. Rostered Days off Duty
4. Definitions
5. Wages
6. Overtime, Meal Allowance, Crib and Rest
Breaks
7. Saturday, Sunday and Holiday Work
8. Holidays
9. Annual Leave
10. Annual
Leave Loading
11. Long
Service Leave
12. Sick Leave
13. Personal
Carer's Leave
14. Mixed
Functions
15. Time and
Payment of Wages
16. Contract
of Employment
17. Redundancy
18. Part-time Employees
19. Casual
Employees
20. General
Conditions
21. Travelling
Time and Expenses
22. Call Back
23. Locomotion
24. Existing
Conditions
25. Bereavement
Leave
26. Jury
Service
27. Attendance
at Repatriation Centres
28. Disputes
Settling Procedure
29. Superannuation
30. Anti-Discrimination
31. Traineeships
32. Savings
33. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART C
TRAINEE MONETARY RATES
Table 1 - Industry/Skill Level A
Table 2 - Industry/Skill Level B
Table 3 - Industry/Skill Level C
Table 4 - School Based Traineeship
Appendix A - Industry/Skill Levels
Appendix B - Animal Welfare Non-Institutional (State)
Industrial Committee
2. Hours
(i) Rostering
of Inspectors -
(a) The ordinary
hours of work, inclusive of crib breaks, shall not exceed five shifts in any
period of seven consecutive days or exceed an average of 38 hours per week over
the cycle of a roster, Sunday to Saturday inclusive, which shall be worked in
one shift of not more than eight hours per day between the hours of 8.00 a.m.
and 10.00 p.m.
(b) Other Than
Inspectors - Subject to subclause (ix) of this clause, the ordinary hours of
work shall not exceed five shifts in any period of seven consecutive days, or
exceed an average of 38 per week over the cycle of a roster, Sunday to Saturday
inclusive, which shall be worked on one shift of not more than eight hours per
day, between the hours of 7.00 a.m. and 6.00 p.m.
(ii) There shall
be no broken shifts except for meal breaks.
(iii) Inspectors
shall be allowed 20 minutes for a crib break.
(iv) An employee
shall be allowed a break of not less than half an hour or more than one hour
for a meal on each day of the week. The period during which such meals shall be
taken, when once fixed, shall not be altered without seven days' notice being
given by the employer to his/her employees.
(v) An employee
called upon to work during the ordinary meal break shall be paid overtime rates
for all such time worked: Provided that, in cases of emergency, where it is
necessary to work up to 15 minutes after the usual ceasing time for lunch, this
provision shall not apply.
(vi) In the event
of any employee being allowed a period of less than 30 minutes for the purpose
of having a meal, no deduction shall be made for time so spent by the employee
in having a meal, except when the shortened meal break is taken for the benefit
(and at the request) of the employee.
(vii) The
provisions of subclauses (iv), (v) and (vi) of this clause shall not apply to
inspectors.
(viii) The rostered
ordinary hours of work shall be notified to employees by the employer
displaying the roster in a conspicuous and accessible place on the premises
where the employee is employed. The hours of commencing and ceasing work, once
notified, shall not be changed without the payment of overtime, pursuant to the
provisions of clause 6, Overtime, Meal Allowance, Crib and Rest Breaks, unless
the employee is given two weeks' notice of such change.
(ix) Subject to
mutual agreement between the Society and an employee at the quarantine, feeding
and clinic attendance sections of the Society, the ordinary hours of work shall
not exceed 10 shifts in any period of 14 consecutive days or exceed 76 hours
per fortnight, over the cycle of a roster, as per paragraph (x) of this clause.
On any one day, no more than three employees will be working
a shift in accordance with this subclause.
(x) Implementation
of 38-Hour Week - Assessment should be made as to which method of
implementation best suits the business, and such proposal shall be discussed
with employees in an effort to reach agreement. In the absence of agreement, the matter should be referred to The
Federated Miscellaneous Workers' Union of Australia, New South Wales Branch,
who will then negotiate with the employer to seek agreement. Failure to reach
agreement between the parties will cause either party to apply to the
Industrial Relations Commission of New South Wales for determination.
3. Rostered Days Off
Duty
Where, by mutual agreement between an employer and the
employees, a 38-hour week is to be implemented on the basis of a rostered day
off in each cycle of 20 working days, the following provisions shall apply:
(i) Rostering
(a) Rostered Days
Off Shall be Scheduled By Mutual Agreement Between Employees and the Company.
(b) Except as
provided by paragraph (c) of this subclause, an employee shall be advised by
the employer at least four weeks in advance of the weekday the employee is to
be rostered off duty.
(c) The employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to be rostered off duty for another day in the case of a
breakdown of machinery or to meet the requirements of the business.
(d) An individual
employee, with the agreement of the employer, may substitute the day the
employee is rostered off duty for another day.
(e) In the event
that an employee is rostered off duty on a day which coincides with pay day,
such employee shall be paid no later than the working day immediately following
pay day.
(f) Rostered days
off may accumulate and be taken off in blocks of leave scheduled by agreement
between the employer and the employee.
(ii) Payment of
Rostered Day Off - For every ordinary hour paid for, payment to the employee of
one-twentieth (5 per cent) of the employee's hourly rate (weekly rate divided
by 38) will be withheld by the employer and then paid in the pay week in which
the employee's rostered day off is taken.
(iii) Rostered
Day Off Falling on a Public Holiday - In the event of an employee's rostered
day off duty falling on a public holiday, the employee and the company shall
agree to an alternative day off as a substitute, provided that, in the absence
of agreement, the substituted day shall be determined by the employer.
(iv) Work on
Rostered Day Off Duty - Any employees required to work on their rostered days
off shall be paid in accordance with the provisions of clause 6, Overtime, Meal
Allowance, Crib and Rest Breaks.
(v) Sick Leave
and Rostered Days Off - Employees are not eligible for sick leave in respect of
absences on rostered days off, as such absences are outside their ordinary
hours of duty.
4. Definitions
(i) "Weekly
Employee" means an employee engaged and paid by the week.
(ii) "Part-time
Employee" means an employee engaged by the week but who is required to
work a constant number of ordinary hours each week less than the ordinary
number of hours prescribed for weekly employees.
(iii) "Casual
Employee" means an employee engaged and paid as such, but shall not
include an employee working 38 ordinary hours or more per week, and shall not
include an employee who is required to work a constant number of ordinary hours
each week.
(iv) "Union"
means The Liquor, Hospitality and Miscellaneous Workers' Union of Australia,
New South Wales Branch.
(v) "Veterinary
Assistant" means an employee who has completed six months' service under
the supervision of a qualified veterinary surgeon and is considered by the
employer to be competent to assist a veterinary surgeon in animal welfare and
to be capable of handling clinical records.
(vi) "Animal
Attendant" means an employee with three years' experience in the industry
and who is employed in connection with animal welfare, or with less service if,
in the opinion of the employer, the employee is sufficiently experienced to be
so classified and who may be able to give injections and to take temperatures
of animals.
(vii) "Lethalist"
means an employee who is responsible for the lethalisation of animals and whose
duties may include, when not so engaged, the duties of an animal attendant as
defined in subclause (vi) of this clause.
(viii) "Seven-day
Shift Worker" means an employee who is regularly rostered to work his/her
ordinary hours of work on a Saturday, Sunday or public holiday.
(ix) The
"Society" or the "R.S.P.C.A." means the Royal Society for
the Prevention of Cruelty to Animals, New South Wales.
(x) The
"League" or the "A.W.L." means the New South Wales Animal
Welfare League.
5. Wages
(i) Adult
Employees - Subject to the provisions of subclause (ii) of this clause, the
minimum rate of pay shall be as set out in Table 1- Wages, of Part B, Monetary
Rates.
(ii) Leading
Hands - An employee appointed by the employer as a leading hand in charge of
other employees shall, in addition to the rates of pay prescribed in subclause
(i) of this clause, be paid an amount of not less than that set out in Item 1
of Table 2- Other Rates and Allowances, of Part B.
(iii) Junior
Employees - Junior employees shall be paid the appropriate adult rate of pay;
provided that the minimum rates for juniors employed at animal shelters shall
be the percentages of the adult rate for Animal Attendant as set out in the
said Table 1, calculated to the nearest 10 cents. Junior employees so employed by the Society shall not exceed the
proportion of four juniors for six adults, or fraction thereof.
(iv) First-Aid -
Where an employee is a qualified first-aid attendant and is employed to carry
out the duties of such, the employee shall be paid an additional amount of not
less than that set out in Item 2 of Table 2, of Part B.
(v) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(i) any
equivalent overaward payments; and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6. Overtime, Meal
Allowance, Crib and Rest Breaks
(i) For all
work done outside ordinary hours, the rate of pay shall be time and a half for
the first two hours and double time thereafter. In computing overtime, each day's work shall stand alone.
Overtime worked on a Sunday shall be paid for at the rate of double time, and
on a holiday at the rate of double time and a half.
(ii) Meal
Allowances - Where an employee is required to work overtime in excess of one
hour on any day or shift, the employee shall be paid not less than that set out
in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
for a meal, unless such notice has been given to such employee on or before the
termination of the previous day's work.
Any employee required to work four or more hours overtime
after the completion of a normal shift shall be paid the further sum set out in
the said Item 3 for each four hours of overtime worked.
If an employee, pursuant to notice, has provided a meal or
meals and is not required to work overtime, such employee shall be paid an
amount as set out in Item 3 for the first meal, and an amount as also set out
in Item 3 for the second or subsequent meals provided.
(iii) Crib Breaks
- An employee required to work overtime in excess of two hours shall be granted
a paid crib break of 20 minutes, such crib break to be taken at the conclusion
of ordinary time worked and prior to commencing overtime. A further 20-minute paid crib break shall be
granted after each four hours of overtime worked; provided that the employee is
required to continue working beyond such crib break. An employer and employee may agree to any variation of this
provision to meet the circumstances of the work in hand, provided that the
employer shall not be required to make any payment in respect of any time
allowed in excess of 20 minutes.
(iv) All
employees shall be allowed and shall take a break of 10 minutes for tea between
9.30 a.m. and 10.30 a.m.
(v) Where
overtime or extra shifts are required to be worked, the employer shall give
preference for such work to employees covered by the terms of this award.
7. Saturday, Sunday
and Holiday Work
(i) Where an
employee is required to work ordinary hours on a Saturday, Sunday or a holiday,
payment for such hours shall be made as follows:
(a) Saturday work:
time and one-half.
(b) Sunday work:
double time.
(c) Holiday work:
double time and one-half.
(ii) Where an
employee is required to work on a Saturday, Sunday or a holiday, such employee
shall be paid a minimum payment of four hours at the appropriate rate for each
start.
8. Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day and Boxing
Day are observed, and all other days proclaimed as public holidays throughout
the State, and the picnic day of The Liquor, Hospitality and Miscellaneous
Workers' Union of Australia, New South Wales Branch, which shall be held on the
first Monday in August each year, or on another day mutually agreed to between
the employer and the employee, shall be holidays and employees not required to
work on a holiday shall be paid for the holidays, even though not worked, at
the ordinary rates of pay prescribed by clause 5, Wages.
(ii) Seven-day
shift workers rostered off on a holiday shall be paid an additional day's pay
for each such holiday rostered off duty.
(iii) Where an
employee is absent from his or her employment on the working day before and the
working day after a public holiday without reasonable excuse, or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
9. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) In addition
to the annual leave hereinbefore prescribed, seven-day shift workers shall be
allowed seven consecutive days' leave, including non-working days.
(iii) Where an
employee with 12 months' continuous service is engaged for part of the 12-month
period as a seven-day shift worker, the employee shall be entitled to have the
period of 28 consecutive days' annual leave increased by three and one-third
hours for each completed month the employee is continuously engaged as
aforesaid.
(iv) Where the
employment of a seven-day shift worker is terminated and the employee thereby
becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in
lieu of an annual holiday with respect to a period of employment, the employee
shall also be entitled to an additional payment of three and one-third hours at
such ordinary rate of pay for each completed month of service as a seven-day
shift worker.
10. 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 the 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 (vii) 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 to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but
excluding days added to compensate for public or special holidays worked or
public or special holidays falling on an employee's rostered day off not
worked) or, where such a holiday is given and taken in separate periods, then
in relation to each such separate period. (NOTE: See subclause (vi) of this clause as to holidays taken wholly or
partly in advance.)
(v) The loading
is the amount payable for the period or the separate period, as the case may
be, stated in subclause (iv) of this clause, at the rate per week of 17.5 per
cent of the appropriate ordinary-time 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 clause 5, Wages, but shall not include the
Saturday penalty for ordinary hours wherever prescribed by this award, nor
shall it include any other allowances, penalty rates, shift allowances,
overtime rates or any other payments prescribed by this award.
(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 or she would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this
clause, applying the award rates of wages payable on that day. This subclause
applies where an annual holiday has been taken wholly or partly in advance.
(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 (v) 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 became entitled to an annual holiday
prior to the closedown as the qualifying period of employment in completed
weeks bears to 52.
(viii) (a) When the employment of an employee is
terminated 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 (v) 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 become 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.
11. Long Service
Leave
See Long Service Leave
Act 1955.
12. Sick Leave
(i) If an
employee is absent from work, except on account of illness, a proportionate
deduction shall be made from the wages for the time lost.
(ii) After the
first two single days' absences or the first period of two consecutive days'
absence of any employee in any year, the employer may require, in respect of
any further absence in that year, the production of a medical certificate,
statutory declaration or other satisfactory proof of illness.
(iii) The
employer shall not be liable to pay an employee for absence due to illness for
more than that prescribed in the following schedule (during first year of
employment):
(a)
|
After the first 3
months of continuous service
|
1 day's pay
|
4
months' completed service
|
2 days' pay
|
|
6
months' completed service
|
3 days' pay
|
|
8
months' completed service
|
4 days' pay
|
|
10
months' completed service
|
5 days' pay
|
|
(b) Service before
the date of coming into force of this award shall be taken into account in
computing the qualifying period of three months.
(c) During the
first year - 5 days.
During the second year - 8 days.
During the third and subsequent years
- 10 days.
(iv) Provided
that an employee has been employed for three months, any sick leave taken
during that time shall be paid for at the end of the said three months.
(v) Sick leave
allowable under this clause may accumulate, subject to continuous employment
from year to year, and subject to the other provisions of this clause.
(vi) The employer
shall not be liable to pay sick pay to any employee whose illness is due to an
accident covered by the Workers' Compensation Act 1987.
(vii) "Year",
for the purposes of this clause, shall mean a year calculated from the date of
commencing of an employee's service with the employer.
13. Personal Carer's
Leave
(1) Use of Sick
Leave -
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 12, Sick
Leave, as varied, for absences to provide care and support, for such persons
when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the
employee being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a defacto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or defacto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the defacto 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 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.
(2) Unpaid Leave
for Family Purposes -
(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 (i) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holiday’s Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calender 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
inclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within the 12
months of the said election.
(b) Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee
may elect, with the consent of the employer, to work "make-up time"
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
(6) Rostered
Days Off -
(a) An employee on
shift work 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.
14. Mixed Functions
An employee engaged for two hours or more on one day or
shift on duties carrying a higher rate than the ordinary classification shall
be paid the higher rate for such day or shift; if for less than two hours on
any one day or shift, the employee shall be paid the higher rate for the time
so worked. Any employee who is required to perform work temporarily for which a
lower rate is paid shall not suffer any reduction in wages whilst so employed,
provided that any work of less than one week's duration shall be deemed to be
temporary.
15. Time and Payment
of Wages
(i) All
employees shall be paid on Thursday of each week.
(ii) The pay
week shall close not earlier than Tuesday.
(iii) Overtime
worked on the last day of the pay week may be paid with the ordinary pay for
the following pay week.
(iv) Upon
termination of the employment, wages due to an employee shall be paid on the
day of such termination or forwarded by post on the next working day.
(v) Any employee
kept waiting for wages on pay day for more than a quarter of an hour after the
usual time for ceasing work shall be paid at overtime rates after that quarter
of an hour, with a minimum of a quarter of an hour.
(vi) Where an
employer and the majority of employees agree, wages may be paid by cheque or
bank deposit.
In any event, after three months' notice from the employer
to the employees the employer may, at the employer's discretion, make payment
by cheque or direct bank deposit.
16. Contract of
Employment
(i) The
engagement of a weekly or part-time employee may be terminated only by one
week's notice or by the payment or forfeiture of one week's wages in lieu
thereof; provided that the employer may dismiss an employee at any time for
misconduct or wilful disobedience and shall be liable only for payment up to
the time of dismissal; provided further that, in the event of any occurrence
outside the employer's control necessitating a stoppage of work, no notice
shall be required and all employees shall be entitled to payment in full up to
the termination of the day on which the stoppage occurs. Any employee attending
for duty, and who has not been notified before ceasing work the previous day or
shift that attendance is not required because of such stoppage, shall be paid a
minimum of four hours' pay.
(ii) Statement
of Service - On termination of employment the employer shall, at the request of
the employee, give such employee a statement signed by the employer stating the
period of employment and when the employment was terminated.
17. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full time and part time employees employed in the
classifications specified by the parent award.
(b) This award
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(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
To Change -
(a) Employer's
duty to notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employers 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 or
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.
(b) Employers Duty
To Discuss Change -
(1) The employers
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)
above, Employers duty to notify, 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.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (ii) of this
clause.
(3) 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.
(iii) Redundancy
-
(a) Discussions
Before Terminations -
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to paragraph (a) of
subclause (ii), Introduction of Change, 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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (1) 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 of the employees concerned.
(3) 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.
(iv) Termination
of Employment -
(a) Notice For
Changes In Production, Program, Organisation or Structure -
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from 'production',
'program', 'organisation' or 'structure' in accordance with subclause (ii)(a)
of this clause.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and
less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) 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 subclause (ii)(a) of this clause:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) 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.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(c) Time Off
During The Notice Period -
(1) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five days, for the purposes of seeking other
employment.
(2) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(d) 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
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.
(e) 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.
(f) Notice To
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an 'Employment Separation Certificate' in the form required by
Centrelink.
(h) Transfer To
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (1) of subclause (ii), Introduction of Change,
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.
(v) Severance
Pay -
(a) Where an
employee is to be terminated pursuant to subparagraph (iv) of this clause,
subject to further order of the Industrial Relations Commission of New South
Wales, the employer shall pay the following severance pay in respect of a
continuous period of service:
(1) 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
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of service
|
45 years of Age and Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(3) "Weeks
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, over award payments, shift penalties and allowances paid in accordance
with this Award:
(b) 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
subparagraph (a) above.
The Industrial Relations Commission of New South Wales shall
have regard to such financial and other resources of the employer concerned as
the Industrial Relations Commission thinks relevant, and the probable effect
paying the amount of severance pay in subparagraph (a) above will have on the
employer.
(c) Alternative
Employment - 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
subparagraph (a) above if the employer obtains acceptable alternative
employment for an employee.
18. Part-Time
Employees
(i) Part-time
employees shall be paid at the rate of one thirty-eighth of the weekly rate of
pay for the classification in which they are employed.
Provided that employees engaged as part-time as at 8
September, 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. The hourly rate of pay for part-time
employees shall be calculated to the nearest cent above.
(ii) The hourly
rate of pay for part-time employees shall be calculated to the nearest cent
above.
19. Casual Employees
Casual employees may be employed under the terms of this
award, subject to the following:
(i) Definition
of a casual employee : see subclause (iii) of clause 4, Definitions.
(ii) A casual
employee working ordinary time shall be paid, per hour, one thirty-eighth of
the weekly wage prescribed by this award for the class of work performed, plus
15 per cent;
(iii) The
ordinary hours of work of casual employees shall be subject to the limitations
as to weekly employees expressed in this award.
(iv) A minimum
payment of four hours shall be made for each start.
(v) The hourly
rate of pay for casual employees shall be calculated to the nearest cent above.
20. General
Conditions
(i) A
sufficient supply of boiling water shall be provided by the employer at meal
hours and at the morning tea break for all employees.
(ii) A lunch
room, which shall be separated from any dressing room, shall be provided and
shall be kept in a thoroughly clean condition by the employees after use by
such employees.
(iii) Suitable
lavatory accommodation, dressing rooms and individual lockers to ensure
protection for clothes left therein shall be provided for all employees by the
employer.
(iv) Hot and cold
showers in dressing rooms shall be provided.
(v) Employees
shall be provided with suitable protective clothing and, when necessary, with
gumboots and gloves.
(vi) Inclement
Weather : Where an employee is required to work in inclement weather, the
employee shall be supplied by the employer with suitable wet weather clothing,
including a waterproof coat or cape, waterproof hat, trousers and boots. Such
clothing shall remain the property of the employer.
(vii) Where it is
necessary for an employee to attend a Court on the employer's or employer's
client's behalf in connection with any matter arising out of or in connection
with the employee's duties, the time so occupied shall count as time worked.
21. Travelling Time
and Expenses
(i) Where an
employee is sent to work from an employer's recognised place of business, the
employer shall pay 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.
An employee sent for duty to a place other than the regular place of duty, or
required by the employer to attend a court or inquiry in connection with the
employment, shall be paid travelling expenses.
(ii) Where an
employee is required to cease or to commence at a time when the usual means of
conveyance are not available the employee shall, at the employer's expense, be
conveyed to a point nearest the employee's home or place of duty to which the
employee ordinarily would proceed during ordinary hours by public conveyance.
22. Call Back
(i) An employee
required to attend the employer's premises for any reason other than carrying
out rostered duties after leaving the place of employment (whether notified
before or after leaving the place of employment) shall be paid a minimum of
four hours' pay at the appropriate rate for each such attendance; provided that
this clause shall not apply where a period of duty is continuous (subject to a
reasonable meal break) with the completion or commencement of ordinary working
time.
23. Locomotion
(i) Where an
employee is required by the employer to use a motor vehicle (including a motor
cycle), such vehicle shall be supplied and maintained by the employer, but
where an employee, by arrangement with the employer, provides a vehicle the
employee shall, in addition to all payments otherwise due to the employee, be
paid the minimum allowances as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(ii) The running
charges specified in this clause shall be payable for the actual kilometres
travelled by the employee's vehicle each week in connection with employment,
which shall include kilometres travelled to and from the place where the
vehicle is customarily housed.
(iii) Where an
employee supplies a bicycle for use in the employer's business, he/she shall be
paid for each shift worked an amount set out in the said Item 5.
24. Existing
Conditions
(i) For the
term of this award, the conditions for inspectors existing at the making of
this award, including the supply and use of a motor vehicle, shall continue,
except that an inspector of the Society proceeding on annual leave shall return
their vehicle and its equipment to the animal shelters of the Society, and
provided further that private mileage shall not exceed 125 miles per week
without the payment of 13 cents per mile to the said Society for each mile
travelled in excess of the aforesaid 125 miles.
(ii) Inspectors
shall receive payment of telephone rental and payment of outside telephone
calls and payment of overnight travelling expenses reasonably incurred in
country work.
25. Bereavement Leave
(i) An
employee, other than a casual employee, shall be entitled to up to two days
bereavement leave without deduction of pay, on each occasion of the death of a
person as prescribed by the said subclause (iii) of this clause. Where the
death of a person as described by subclause (iii) occurs outside Australia, the
employee shall be entitled to up to two days bereavement leave where the
employee travels outside Australia to attend the funeral.
(ii) The
employee must notify the employer as soon as practicable of the intention to
take bereavement leave and will provide to the satisfaction of the employer
proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 13, Personal
Carer’s Leave, provided that, for the purpose of bereavement leave, the
employee need not have been responsible for the are of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) (5) and (6) of the said clause 13. In determining such a request
the employer will give consideration to the consideration to the circumstances
of the employee and the reasonable operational requirements of the business.
26. Jury Service
(i) An employee
shall be allowed leave of absence during any period when required to attend for
jury service.
(ii) During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the employee's normal rate of pay as if working.
(iii) An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service, and
shall give the employer notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
27. Attendance at
Repatriation Centres
Weekly employees, being ex-service personnel, shall be
allowed as time worked lost time incurred whilst attending repatriation centres
for medical examination and/or treatment, provided that:
(a) such lost time
does not exceed six hours on each occasion and a maximum of 30 hours per annum;
(b) the employee
produces evidence satisfactory to the employer that the employee is so required
to, and subsequently does, attend a repatriation centre.
28. Disputes Settling
Procedure
Subject to the Industrial Relations Act 1996, grievances or
disputes shall be dealt with in the following manner:
(a) The
employee(s) is required to notify (in writing or otherwise) the employer as to
the substance of the grievance, request a meeting with the employer for
bilateral discussions and state the remedy sought. This meeting shall take place within one working day, where
possible; if not, within two working days of the issue arising (weekends and
holidays excepted).
(b) If agreement
is not reached, the matter shall then be referred by the employer to a higher
authority (where this exists) no later than one working day after the period
stated in subclause (a) of this clause (weekends and holidays excepted). At the conclusion of the discussion, the
employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons (in writing or otherwise) for not
implementing any proposed remedy.
(c) While the
foregoing procedure is being followed, normal work shall continue.
(d) If the
matter is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission of New South Wales for
settlement by either party.
(e) The employer
may be represented by an industrial organisation of employers and the
employee(s) is entitled to be represented by The Liquor, Hospitality and
Miscellaneous Workers' Union of Australia, New South Wales Branch, an
industrial organisation of employees, for the purposes of each step of the
procedure.
29. Superannuation
Superannuation Legislation -
(a) The subject
of superannuation is dealt with extensively by federal legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act, 1992, the Superannuation Industry (Supervision) Act 1993,
the Superannuation (Resolution of Complaints) Act 1993 and s.124 of the
Industrial Relations Act 1996 This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) Subject to
the requirements of this legislation, superannuation contributions may be made
to:
(i) Australian
Retirement Fund (ARF); or
(ii) Australian
Superannuation Savings Employment Trust (ASSET).
(iii) Such other
funds that comply with the requirements of the legislation set out in paragraph
(a) of this clause.
30.
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 ground 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.
(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
practise 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.
31. Traineeships
(i) The
objective of this clause 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. Nothing in
this clause shall be taken to replace the prescription of training requirements
in the award.
(ii) Subject to
subclause (iii) below, this clause shall apply to persons who are undertaking a
traineeship (as defined) under this award.
(iii) The terms
and conditions of this award shall apply, except where inconsistent with this
clause.
(iv) Notwithstanding
the foregoing, this clause shall not apply to employees who were employed by an
employer under this award prior to the date of approval of a traineeship scheme
relevant to the employer, except where agreed upon between the employer and the
relevant union(s).
(v) This clause
does not apply to the apprenticeship system or any training program which
applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at the date this award was
varied to include this clause, or in an award that binds the employer.
(vi) Definitions
-
(a) "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 practice in accordance with a traineeship scheme
approved by the relevant NSW Training Authority. The training will be approved and lead to qualifications as set
out in paragraph (e) of subclause (vii) - Training Conditions.
(b) "Trainee"
means an employee who is bound by a traineeship agreement made in accordance
with this award.
(c) "Traineeship"
means a system of training which has been approved by the relevant NSW Training
Authority, or which meets the requirements of a National Training Package
developed by a National Industry Training Advisory Board or major training enterprise
and endorsed by the National Training Framework Committee, which leads to an
Australian Qualifications Framework qualification specified by that National
Training Package, and includes full time traineeships and part-time
traineeships including school-based traineeships.
(d) "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 the relevant NSW Training Authority or under the provisions of the appropriate
State legislation. A traineeship
agreement shall be made in accordance with the relevant approved traineeship
scheme and shall not operate unless this condition is met.
(e) "Traineeship
Scheme" means an approved traineeship applicable to a group or class of
employees or to an industry or sector of an industry or enterprise. A traineeship scheme shall not be given
approval unless consultation and negotiation with the relevant union(s) 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 the relevant NSW Training Authority that the abovementioned
consultation and negotiation have occurred.
A traineeship scheme shall include a standard format which may be used
for a traineeship agreement.
(f) "Parties
to a Traineeship Scheme" means the employer organisation and/or employer
and the relevant union involved in the consultation and negotiation required
for the approval of a traineeship scheme.
(g) "School-Based
Trainee" is a student enrolled in the Higher School Certificate, or
equivalent qualification, who is undertaking a traineeship which forms a
recognised component of their HSC curriculum, and is endorsed by the relevant
NSW Training Authority and the NSW Board of Studies as such.
(h) "Appropriate
State Legislation" means the Industrial and Commercial Training Act 1989
or any successive legislation.
(i) "Year
10", for the purposes of this award, means that any person leaving school
before completing Year 10 shall be deemed to have completed Year 10.
(j) "Relevant
NSW Training Authority" means the NSW Department of Education and Training
or its successor.
(k) "Australian
Qualifications Framework (AQF)" means the national framework of
qualifications as agreed by the Ministerial Council for Employment, Education,
Training and Youth Affairs.
(vii) Training
Conditions -
(a) The trainee
shall attend an approved training course or training program prescribed in the
traineeship agreement or as notified to the trainee by the relevant NSW
Training Authority in accredited and relevant traineeship schemes.
(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 the relevant NSW Training Authority, 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 the
relevant NSW Training Authority. The
employer shall ensure that the trainee is permitted to attend the training
course or program 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 program will be monitored by officers of the
relevant NSW Training Authority and training records or work books may be
utilised as part of this monitoring process.
(e) Training shall
be directed at:
(1) 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 Qualifications Framework Level 1 qualification.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(2) 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
Qualifications Framework Level 2 qualification or above.
(viii) Employment
Conditions -
(a) 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 the relevant NSW Training Authority, the relevant employer and the
trainee may vary the duration of the traineeship and the extent of approved
training, provided that any agreement to vary is in accordance with the
relevant traineeship scheme. Provided
that a trainee may be employed part-time pursuant to sub-clause (x) of this
clause.
Where the trainee completes the qualification, in the
Traineeship Agreement, earlier than the time specified in the Traineeship
Agreement then the traineeship may be concluded by mutual agreement. Unless the relevant NSW Training Authority
otherwise directs, the maximum duration for a traineeship shall be thirty-six
months.
(b) An employer
shall not terminate the employment of a trainee without firstly having provided
written notice of termination to the trainee concerned and to the relevant NSW
Training Authority in accordance with the traineeship agreement or the
Industrial and Commercial Training Act 1989.
An employer who chooses not to continue the employment
of trainee upon the completion of the traineeship shall notify, in writing, the
relevant NSW Training Authority of their decision.
(c) 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.
(d) 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.
(e) (1) 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.
(2) No trainee
shall work overtime or shift work on their own unless consistent with the
provisions of the relevant award.
(3) No trainee
shall work shift work 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.
(4) The trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the relevant award, unless otherwise agreed to by the
parties to a traineeship scheme.
(f) All other
terms and conditions of the relevant award(s) 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.
(g) 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 payment.
(ix) Wages -
(a) (1) The
weekly wages payable to trainees are as provided in Table 1 - Industry/Skill
Level A, Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and
Table 4 - School Based Traineeships of Part C, Trainee Monetary Rates.
(2) These wage
rates will only apply to trainees while they are undertaking an approved
traineeship which includes approved training as defined in this clause.
(3) The wage rates
prescribed by this clause do not apply to complete trade level training which
is covered by the apprenticeship system.
(b) Appendix A
sets out the industry/skill level of an approved traineeship. The industry skill levels contained in
Appendix A are, prima facie, the appropriate levels but are not determinative
of the actual skill levels (i.e., Skill Levels A, B or C) that may be contained
in a traineeship scheme. The
determination of the appropriate skill level for the purpose of determining the
appropriate wage rate shall be made by the relevant NSW Training Authority,
based on the following criteria:
(1) any agreement
of the parties;
(2) the nature of
the industry;
(3) the total
training plan;
(4) recognition
that training can be undertaken in stages;
(5) 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 NSW.
(c) For the
purposes of the said Tables l, 2 and 3, "out of school" shall refer
only to periods out of school beyond Year 10, and shall be deemed to:
(1) include any
period of schooling beyond Year 10 which was not part of, nor contributed to, a
completed year of schooling;
(2) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10; and
(3) not include
any period during a calendar year in which a year of schooling is completed;
(4) have effect on
an anniversary date, being January 1 in each year;
(5) no increase in
wage rate, as a result of an increase in the number of years "out of
school" experienced by a trainee, shall be payable before 1 January 1997,
except where such an entitlement to payment, as a result of an increase in the
number of years "out of school" has become due prior to 3 June 1996.
(d) At the
conclusion of the traineeship this clause ceases to apply to the employment of
the trainee and the relevant clauses of this award shall apply to the former
trainee.
(x) Part-time
Traineeships - This clause shall apply to trainees who undertake a traineeship
on a part time basis by working less than full time ordinary hours and by
undertaking the approved training at the same or lesser training time than a
full-time trainee.
(a) The wage rate
shall be pro rata the full time rates based on variation in the amount of
training and or the amount of work over the period of the traineeship which may
also be varied on the basis of the following formula.
Full‑time
wage rate x trainees hours ‑ average weekly training time
30.4*
*NOTE: 30.4 in the above formula represents 38 ordinary full
time hours less the average training time for full time trainees (i.e.
20%). A pro rata adjustment will need
to be made in the case where the relevant award specifies different ordinary
full time hours: for example where the ordinary weekly hours are 40, 30.4 will
be replaced by 32.
(b) "Full
time wage rate" means the appropriate rate as set out in Table 1 -
Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 -
Industry/Skill Level C and Table 4 - School Based Traineeships of Part C,
Trainee Monetary Rates.
(c) "Trainees
hours" shall be the hours worked per week including the time spent in
approved vocational training. For the purposes of this definition the time
spent in approved vocational training may be taken as an average for that
particular year of the traineeship.
(d) "Average
weekly training time" is based upon the length of the traineeship
specified in the traineeship agreement or training agreement as follows:
7.6 x 12
|
length of the
traineeship in months
|
NOTE 1: 7.6
in the above formula represents the average weekly training time for a full‑time
trainee whose ordinary hours are 38 per week. A pro rata adjustment will need
to be made in the case where the relevant award specifies different ordinary
time hours. For example, where the ordinary weekly hours are 40, 7.6 will be
replaced by 8.
NOTE 2: The
parties note that the traineeship agreement will require a trainee to be
employed for sufficient hours to complete all requirements of the traineeship,
including the on the job work experience and demonstration of competencies. The
parties also note that this would normally result in the equivalent of a full
day’s on the job work per week.
(e) A part time
trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full‑time trainee. All the provisions of this award shall
apply to part time trainees except as specified in this clause.
(f) A part-time
trainee may, by agreement, transfer from a part-time to a full-time traineeship
position should one become available.
(g) The minimum
daily engagement periods applying to part-time employees specified in the award
shall also be applicable to part time trainees.
Where there is no provision for a minimum daily
engagement period in the award applying to part time employees, then the
minimum start per occasion shall be 3 continuous hours, except in cases where
it is agreed that there shall be a start of 2 continuous hours, on 2 or more
days per week, provided that:
(1) a 2 hour start
is sought by the employee to accommodate the employee's personal circumstances.
or
(2) the place of
work is within a distance of 5 km from the employee's place of residence.
(h) School‑based
trainees shall not be required to attend work during the interval starting four
weeks prior to the commencement of the final year Higher School Certificate
Examination period and ending upon the completion of the individual’s last HSC
examination paper.
(i) For the
purposes of this award, a school‑based trainee shall become an ordinary
trainee as at January 1 of the year following the year in which they ceased to
be a school student.
Example of the
calculation for the wage rate for a part time traineeship
A school student commences a traineeship in Year 11. The ordinary hours of work in the relevant
award are 38. The training agreement
specifies two years (24 months) as the length of the traineeship.
"Average weekly training time'' is therefore 7.6 x
12/24 ‑ 3.8 hours.
"Trainee hours'' totals 15 hours; these are made up
of 11 hours work which is worked over two days of the week plus 1 ‑ 1/2
hours on the job training plus 2‑1/2 hours off the job approved
training at school and at TAFE.
So the wage rate in Year 11 is:
$170 x 15 ‑ 3.8 = $62.63 plus any applicable penalty
rates under the relevant award.
30.4
The wage rate varies when the student completes Year 11
and passes the anniversary date of 1 January the following year to begin Year
12 and/or if ' trainee hours" changes.
|
32. Savings
Any existing casual employee at 12 March 1993 receiving 25
per cent loading, shall not have this condition reduced due to the changes to
clause 19, Casual Employees.
33. Area, Incidence
and Duration
This award rescinds and replaces the Animal Welfare,
Institutional (State) Award published 26 August 1994 (281 I.G. 658) as varied,
the Animal Welfare, Institutional (State) Wages Adjustment and Allowances
Award, published 1 November 1996 (295 I.G. 667) as varied, and the Animal
Welfare, Institutional (State) Wages Adjustment Award published 18 August 1995
(287 I.G. 486) and all variations thereof.
It shall apply to all persons employed in the
classifications set out in clause 5, Wages, within the jurisdiction of the
Animal Welfare, Institutional (State) Industrial Committee.
It shall take effect from the first full pay period to
commence on or after 20 October 2000 and shall remain in force for a period of
12 months.
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Rate per week
$
|
Inspector
|
430.60
|
Liaison Officer (Inspectors)
|
430.60
|
Supervisor
|
416.50
|
Veterinary Assistant
|
400.40
|
Lethalist
|
400.40
|
Animal Attendance
|
400.40
|
Handyman
|
400.40
|
All others
|
400.40
|
Junior Employees
|
Percentage of
appropriate
|
Animal Attendant rate for
|
|
adults per week
|
|
Under 17 years of age
|
70
|
At 17 years of age
|
80
|
At 18 years of age
|
90
|
At 19 years of age
|
100
|
Calculated to the nearest 10 cents.
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
5(ii)
|
Leading Hand Allowance
|
17.60 per week
|
2
|
5(iv)
|
First-aid Allowance
|
8.65 per week
|
3
|
6(ii)
|
Meal Allowance
|
6.60 per meal
|
4
|
23(i)
|
Locomotion
Horsepower of vehicle:
Up to and including
2,000 cc
Over 2,000 cc
|
Standing charge Running
Charge
per week cents/km
$
182.70 22.40
208.20 24.35
|
5
|
23(iii)
|
Locomotion: bicycle
|
3.75 per shift
|
PART C
TRAINEE MONETARY RATES
Table 1 - Industry/Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill level A:
|
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%)
|
241.00
|
plus 1 year out of school
|
198.00
|
241.00
|
281.00
|
plus 2 years out of school
|
241.00
|
281.00
|
327.00
|
plus 3 years out of school
|
281.00
|
327.00
|
374.00
|
plus 4 years out of school
|
327.00
|
374.00
|
|
plus 5 years out of school
|
374.00
|
|
|
* Figures in
brackets indicate the average proportion of time spent in approved training to
which the associated wage rate is applicable. Where not specifically indicated
the average proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
Table 2 - Industry/Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/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 out of school
|
231.00
|
266.00
|
312.00
|
plus 3 years out of school
|
266.00
|
312.00
|
356.00
|
plus 4 years out of school
|
312.00
|
356.00
|
|
plus 5 years out of school
|
356.00
|
|
|
* Figures in
brackets indicate the average proportion of time spent in approved training to
which the associated wage rate is applicable. Where not specifically indicated,
the average proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
Table 3 - Industry/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
industry/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 out of school
|
221.00
|
248.00
|
278.00
|
plus 3 years out of school
|
248.00
|
278.00
|
311.00
|
plus 4 years out of school
|
278.00
|
311.00
|
|
plus 5 years out of school
|
311.00
|
|
|
* Figures in
brackets indicate the average proportion of time spent in approved training to
which the associated wage rate is applicable. Where not specifically indicated
the average proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
Table 4 - School Based Traineeships
|
Year of Schooling
|
|
Year 11
$
|
Year 12
$
|
School based traineeships skill levels A, B and C.
|
181.00*
|
198.00*
|
* Assumes that
the average proportion of time spent in structured training is 20 per cent.
Appendix A - Industry/Skill Levels
Industry/Skill Level A - Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B - Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C - Community Services and Health
Pastoral
Environmental
Wholesale and Retail
APPENDIX B
ANIMAL WELFARE, INSTITUTIONAL (STATE) INDUSTRIAL COMMITTEE
Industries and
Callings
All employees other than tradespersons and veterinary
surgeons employed in or in connection with animal welfare institutions in the
State, excluding the County of Yancowinna;
excepting
employees within the jurisdiction of the following industrial committees:
Animal Feed Manufacture (State);
Carters, &c. (State);
Clerks (State);
Domestic Pet Feed Manufacture (State).
I. TABBAA,
Commissioner.
___________________
Printed by the authority of the Industrial Registrar.