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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ANIMAL WELFARE, INSTITUTIONAL (STATE) AWARD
  
Date02/23/2001
Volume322
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.B9666
CategoryAward
Award Code 012  
Date Posted06/18/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(012)

SERIAL B9666

 

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.

 

 

 

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