ENGINE PACKING MANUFACTURE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of Award Review pursuant to
section 19 of the Industrial Relations Act 1996 and other matters.
(Nos. IRC 6127 of 1999 and 190, 191, 453 and 3120 of 2000)
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Before the Honourable Justice Kavanagh
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18 July 2000
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REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Wages
3. No Extra Claims
4. Consultation
5. Hours
6. Implementation of 38-Hour Week
7. Rostered Days Off Duty
8. Overtime
9. Allowance
10. Holidays
11. Annual Leave
12. Annual Leave
Loading
13. Long Service
Leave
14. Personal /
Carer's Leave
15. Bereavement
Leave
16. Saturday, Sunday
and Holiday Rates
17. Terms of
Engagement
18. Mixed Functions
19. Sick Leave
20. General
Conditions
21. Time and Payment
of wages
22. Jury Service
23. Repatriation
Leave
24. Disputes and
Industrial Grievance Procedure
25. Superannuation
26. Leave Reserved
27. Enterprise
Arrangements
28. Redundancy
29. Anti
Discrimination
30. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
2. Wages
(i)
(a) The minimum
adult weekly rate of pay for each classification, inclusive of the adult basic
wage from time to time effective, is as set out in Table 1 - Wages, of Part B,
Monetary Rates.
(b) The rates of
pay in this award include all arbitrated safety net adjustments and the
adjustments payable under the State Wage Cases of June 1998 and June 1999 and
the State Wage Case of 2000. These
adjustments may be offset against:
(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.
(ii) Juniors: The
minimum weekly rate of pay for junior employees shall be the following
percentages of the weekly rate of pay for Tablehand/Trimmer/Finisher/Packager
calculated in accordance with subclause (i) of this clause.
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Per cent
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Under 18 years of age
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75
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At 18 years of age
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85
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At 19 years of age
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95
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At 20 years of age
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The appropriate
adult
weekly rate of pay.
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The rates prescribed by this subclause shall be
calculated to the nearest ten cents; any broken part of ten cents in the result
not exceeding five cents shall be disregarded.
(iii)
(a) Definitions:
Light Machinist means an employee engaged in operating any of the following
machines -
Braiding
Small Plaiting
Bobbin Winding
Squaring up to half-inch
Light Merkling
Die Cutting and Creasing Machine
Light Press
Clicker
(b) For the
purpose of clause 2, Wages, of this award, a Trainee Machinist or Trainee Light
Machinist shall mean an employee with less than three months' experience in the
industry as a Machinist or Light Machinist as the case may be.
(c) Machinist cutters
working at tables at Bestobell Works, 157 Canterbury Road, Bankstown, are
designated machinists.
(iv) Casual
Employees:
(a) A casual
employee for working ordinary time shall be paid one thirty-eighth of the award
wage prescribed by this award for the class of work performed plus 15 per cent
(calculated to the nearest whole cent).
(b) In addition to
the ordinary hourly rate prescribed at paragraph (a) of this subclause, shift
penalties, weekend and public holiday penalties and overtime penalties shall be
paid where appropriate.
(c) In addition to
the ordinary hourly rate prescribed in paragraph (a) of this subclause, a
casual employee shall be entitled to one-twelfth of the ordinary hourly rate as
entitlement to pro rata annual leave and shall be paid such an amount at the
same time as prescribed for the payment of wages in clause 21, Time and Payment
of Wages, of this award, provided that that time shall be no later than on a
weekly or fortnightly basis (dependent upon the employers pay period).
(d) Casual
Employees Minimum Engagement: A minimum engagement of four hours shall be made
for each start.
(v) Part-time
Employees: A part-time employee for working ordinary time shall be paid per
hour one thirty-eighth of the weekly rate prescribed by subclause (i) of this
clause for the classification in which the employee is engaged (calculated to
the nearest whole cent).
Part-time employees may be employed subject to the
following:
(a) A minimum
payment of three hours pay at the appropriate rate on any day or shift shall be
made to part-time employees.
(b) Part-time
employees shall be paid a minimum payment of twenty hours per week at the
appropriate hourly rate, exclusive of any penalty or overtime payment or any
entitlement which may arise under any other provision(s) of this award.
3. No Extra Claims
It is a term of this award (arising from the decision of the
Industrial Commission in Court Session in the State Wage Case of 29 May 1991)
that the union undertakes, for the duration of the principles determined by
that decision, not to pursue any extra claims, award or overaward, except when
consistent with those principles.
4. Consultation
(i) Award
Modernisation.
(a) The parties
shall be committed to modernising the terms of this award so that it provides
for more flexible working arrangements, improving the quality of working life,
enhancing skills and job satisfaction and assisting positively in the
restructuring process.
(b) In conjunction
with testing the new award structure, the union shall be prepared to discuss
any matters raised by the employers for increased flexibility. As such any discussion with the union shall
be premised on the understanding that:
(a) The majority
of employees at each enterprise shall genuinely agree.
(b) No employee
shall lose income as a result of the change.
(c) The union
shall not unreasonably oppose any agreement.
(d) Agreements
shall be ratified by the Industrial Commission of New South ales.
(e) The dispute
procedure shall apply if agreement cannot be reached in the implementation
process on a particular issue.
(ii) In-plant
Discussions.
(a) The employer
and the employees shall have enterprise discussions entailing an objective
review of current work practices and procedures to establish where improvements
can be made and implemented so as to offset the cost impact to the employer of
the second tier wages movement payable under this award.
(b) These
discussions will include: industrial health and safety programmes, quality
control, training and re-training, conservation of energy and raw materials,
reduction of absenteeism and customer relations.
(iii) Enterprise
Consultation.
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and needs
for consultation and negotiation on matters affecting their efficiency and
productivity.
5. Hours
(i) The
ordinary hours of labour for day workers shall not exceed thirty-eight hours
per week to be worked in five days of eight hours each between the hours of
6.30 a.m. and 6.30 p.m., Monday to
Friday, inclusive. A break of not more
than forty-five minutes nor less than thirty minutes shall be allowed each day
for a meal.
(ii) The
ordinary working hours of the employees on afternoon shift shall not exceed an
average of thirty-eight hours per week to be worked in five shifts, Monday to
Friday, inclusive, between 3.00 p.m.
and 12.00 midnight: Provided that no shift shall exceed eight hours,
inclusive of crib time, without payment of overtime.
An employee working on afternoon shift shall be allowed a
crib time of twenty minutes without deduction of pay during each shift after
four hours from the commencement of each shift.
(iii) The
ordinary hours of work shall be notified in writing to employees in a
conspicuous place at the employees' place of work. Such hours, when once fixed, shall not be changed without payment
of overtime, unless two weeks' clear notice is given to the employees concerned
and to the union.
(iv) Day workers
shall be allowed not less than thirty (30) minutes nor more than forty-five
(45) minutes for a meal between 11.30 a.m.
and 2.00 p.m. When an employee
works during the normal rostered lunch break and takes lunch at a time later
than the normal spread of lunch time, no time and one half shall be paid unless
five hours have passed since the commencement time.
(v) Shift
workers shall be allowed twenty (20) minutes for crib and such times shall be
counted as time worked. Crib time shall
be taken in such a way so as not to interfere with production being carried on.
(vi) When the
meal or crib times have been once fixed they shall not be altered without one
week's notice to the employees concerned:
Provided that the week's notice may be dispensed with by agreement
between the employer and employee.
Provided further, when work is urgent and the employee or Union Delegate
agrees, an employee may work during the normal rostered lunch break and will
not be paid time and one half unless five (5) hours have passed since the
commencement time.
(vii) Subject to
the provisions of subclauses (v) and (vi) of this clause, when an employee
works during the meal or crib time, the employee shall be paid at the rate of
time and one half for the time so worked and such payment shall continue until
a meal or crib break is allowed, except when the shortened meal break is taken
at the request of the employee.
(viii) Morning tea,
lunch and afternoon breaks may be staggered to enable the employer to
continuously run machinery.
6. 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
Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales
Branch, who will then negotiate with the employer to seek agreement. Failure to reach agreement between the
parties shall cause either party to apply to the Industrial Commission of New
South Wales for determination.
7. Rostered Days Off
Duty
Where by mutual agreement between an employer and the
employees a thirty-eight (38) hour week is to be implemented on the basis of a
rostered day off in each cycle of twenty (20) working days, the following
provisions shall apply:
(i) Rostering:
(a) Rostered days
off shall be set by the employer fixing either Monday or Friday in the fourth
week of the cycle as a rostered day off, or at James Walker Australia Pty
Limited on any day provided the employee gives the employer twenty-four hours
notice during business hours Monday to Friday.
(b) Except as
provided by paragraph (c) of this subclause, an employee shall be advised by
the employer at least four (4) 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.
(g) An employee
shall be entitled to no more than twelve (12) paid rostered days off in any
twelve (12) months of consecutive employment.
(ii) Payment of
Rostered Day off -
(a) Other than at
James Walker Australia Pty Limited, for every ordinary hour paid for, payment
to the employee of one twentieth of the employee's hourly rate (weekly rate
divided by thirty-eight) will be withheld by the employer and then paid on the
pay week in which the employee's rostered day off is taken.
(b) At James
Walker Australia Pty Limited, an employee shall be paid for every ordinary hour
worked on the basis of the employee's hourly rate (weekly rate divided by
thirty-eight) to a maximum of forty ordinary hours per week, with the
employee's rostered day off to be taken without any additional payment being
made.
(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 duty 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 employee required to work on their rostered day off
shall be paid in accordance with the provisions of clause 8, Overtime, of this
award, and shall be entitled to a rostered day off duty in lieu to be taken no
later than seven (7) days following such day.
(v) Provided
that at James Walker Australia Pty Limited any work performed on the rostered
day off shall be paid for at ordinary time up to and including eight hours.
(vi) Sick Leave
and Rostered Days Off: Employees are not eligible to sick leave in respect of
absences on rostered days off as such absences are outside their ordinary hours
of duty.
8. Overtime
(i) All time
worked in excess of an average of thirty-eight hours per week or outside the
ordinary hours of work fixed pursuant to subclause (iii) of clause 5, Hours, of
this award shall be overtime.
(ii) Subject to
subclause (iv) of clause 7, Rostered Days Off Duty, of this award, overtime
shall be paid at the rate of time and one half for the first two hours and
double time thereafter.
9. Allowance
(i) Afternoon
shift workers shall be paid twenty per cent (20%) more than the ordinary rates
of pay for such shifts.
(ii) Meal
Allowance -
(a) Where an
employee is required to work overtime in excess of one and a half hours on any
day or shift without being notified the day before that the employee will be so
required to work, the employee shall be paid an amount for a meal or be supplied
with a meal to the value set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(b) Any employee
required to work four or more hours overtime shall be paid a further sum of the
amount set out in the said Item 1, or shall be supplied with another meal to
the same value, for each four hours of overtime worked.
(c) If an
employee, pursuant to notice, has provided a meal or meals and is not required
to work overtime, the employee shall be paid the amount set out in Item 1 for the
first meal provided and a further sum of the same amount for a subsequent meal
provided.
(d) Crib Breaks -
An employee required to work overtime in excess of one and a half hours shall
be granted a paid crib break at the ordinary-time rate of pay 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 at the overtime
rate of pay shall be granted after each four hours of overtime worked.
(iii) Leading Hand
Allowance - Any employee appointed by an employer as a leading hand in charge
of other employees shall be paid, in addition to the ordinary rates prescribed
by clause 2, Wages:
(a) When in charge
of up to ten employees, the amount per week set out in Item 2 of Table 2.
(b) When in charge
of over ten employees, the amount per week set out in Item 3 of Table 2.
(iv) First-aid
Allowance - A suitable first-aid kit shall be provided by the employer and kept
in a satisfactory condition. Any employee appointed by the employer to perform
first-aid duty shall be paid, in addition to the ordinary rates prescribed by
clause 2, Wages, the amount per day set out in Item 4 of Table 2.
(v) Dirt Money
Allowance -
(a) When an
employee is employed on any day at the squaring machine or in cleaning out
tanks, the employee shall be paid, in addition to the ordinary rates prescribed
by clause 2, Wages, the amount per day set out in Item 5 of Table 2.
(b) Where an
employee is employed on the twisting machine, the hemp and/or asbestos
plaiters, the employee shall be paid, in addition to the ordinary rates
prescribed by clause 2, Wages, the amount per day set out in Item 6 of Table 2.
10. Holidays
The following days or the days upon which they are observed
shall be holidays and shall be allowed without deduction of pay: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and any other
proclaimed public holiday and the picnic day of Australian Liquor, Hospitality
and Miscellaneous Workers Union, 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. The employer shall notify the Secretary
of the Union in writing within thirty (30) days of the taking of the flexible
Union Picnic Day.
11. Annual Leave
See Annual Holidays
Act, 1944.
12. 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 (vi) of this clause.)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading
is to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled to under the Act, or where such a
holiday is given and taken in separate periods, then in relation to each such
separate period.
(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 ½ per
cent (17.5%) of the appropriate ordinary weekly time rate of pay prescribed by
this award for the classification in which the employee was employed
immediately before commencing the annual holiday together with, where
applicable, the leading hand and first aid allowances prescribed in subclauses
(iii) and (iv) respectively of clause 9, Allowances, of this award, but shall
not include the Saturday penalty for ordinary hours wherever prescribed by the
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 the employee 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 employee 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 under this
clause if the employee had become entitled to an annual holiday prior to the
closedown as this 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 the 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) of
this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
(ix) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holiday; provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
13. Long Service
Leave
See Long Service Leave
Act, 1955.
14. Personal/Carer's
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (c) of this subclause, 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 19, Sick Leave, of this award, for absences to provide care and
support for such persons when they are ill. Such leave may be taken for part of
a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
a) a spouse of the
employee; or
b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
c) a child or an adult
child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
d) a same sex partner who
lives with the employee as the de facto partner of that employee on a bona fide
domestic basis; or
e) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid
Leave for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (2) of paragraph (c) of subclause (i) who is ill.
(iii) Annual
Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(iv) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(vi) Rostered
Days Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause (iii) of this clause. Where the death of a person as prescribed by
the said subclause (iii) occurs outside Australia, the employee shall be
entitled to a minimum of 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 (2) of paragraph (c) of subclause (i) of clause 14,
Personal/Carer’s Leave of this Award, provided that, for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 14. In determining such a
request, the employer will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
16. Saturday, Sunday
and Holiday Rates
(a) All work
performed on a Saturday shall be paid for at the rate of time and one half for
the first two (2) hours and double time thereafter with a minimum payment of
three (3) hours at such rates.
(b) All work
performed on a Sunday shall be paid for at the rate of double time with a
minimum payment of four (4) hours at such rate.
(c) All work
performed on a holiday shall be paid for at the rate of double time and one
half with a minimum payment of four (4) hours at such rate.
17. Terms of
Engagement
(i) Employees
under this award shall be engaged either as weekly full- time or part-time
employees, or as casual employees.
(ii) Except in
the case of casual employment, a week's notice shall be given by the employer
or the employee as the case may be at any time to terminate employment. Failing such notice the employer shall pay
or the employee shall forfeit a week's pay in lieu thereof; provided that an
employer may dismiss at any time without notice an employee for serious
misconduct.
(iii) On the
termination of the employment the employer shall, at the request of the
employee, give the employee a statement signed by the employer, stating the
class of work on which the employee was employed, the period of employment, and
when the employment was terminated.
(iv) Employees
covered by this award shall perform all work within their skill and competence
including work which is incidental or peripheral to their main tasks or
function.
18. Mixed Functions
An employee engaged for one hour or more on any day on
duties carrying a higher rate than the ordinary classification shall be paid
the higher rate for such day.
An employee so engaged for less than one hour on any day
shall be paid the higher rate for the time so worked.
An employee temporarily employed on work for which a lower
rate is prescribed shall suffer no reduction in pay.
19. Sick Leave
An employee who, after not less than one month's continuous
service in current employment with the employer, is unable to attend for duty
during ordinary working hours by reason of personal illness or personal
incapacity (including incapacity resulting from injury within the Workers'
Compensation Act, 1987) not due to the employee's serious and wilful
misconduct, shall be entitled to be paid at ordinary time rates of pay for the
time of such non-attendance, subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to compensation under the Workers' Compensation
Act, 1987.
(ii) The employee
shall, as soon as reasonably practicable and wherever possible prior to the
commencement of such absence, inform the employer of an inability to attend for
duty and, as far as possible, state the nature of the injury or illness and the
estimated duration of the incapacity.
(iii) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that the employee was unable on
account of illness or injury to attend for duty on the day or days for which
sick leave is claimed. Notwithstanding
this section, the employee shall be allowed two single day absences in each
year without the production of a medical certificate, provided that such single
day absences shall not be for the day immediately before or after a public
holiday as defined by clause 10, Holidays, or a rostered day off as defined by
clause 7, Rostered Days Off Duty, of this award.
(iv) Subject to
subclause (viii) of this clause, during the first year of employment an
employee shall be entitled to sick leave on the following basis:
(a) After the
first three months of continuous service - 7.6 hours pay.
4 months completed service 15.2 hours pay
6 months completed service 22.8 hours pay
8 months completed service 30.4 hours pay
10 months completed service 38 hours pay
(b) Any employee
who completes the service as outlined in (a) herein shall receive paid sick
leave for any unpaid sick leave taken prior to the respective qualifying
period, provided that the maximum benefit for sick leave entitlements during
the first year of employment does not exceed 38 hours.
In the second year of service sick leave entitlements shall
be eight days and in subsequent years of service it shall be ten days.
(v) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of continued employment. Any rights which accumulate pursuant to this subclause shall be
available to the employee for an indefinite period from the end of the year in
which they accrued, in addition to the current year's entitlement.
(vi) For the
purpose of administering subclause (iv) of this clause, an employer may, within
one month of the date of publication of this award or within two weeks of the
employee commencing employment, require an employee to make a statutory
declaration or other written statement as to what paid leave of absence the
employee has had from any employer in the industry during the then current
year, and upon such statement the employer shall be entitled to rely and act.
(vii) Service
before the coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(viii) Definition
of Continuous Service:
(a) For the
purpose of this clause continuous service shall be deemed not to have been
broken by:
(1) any absence from work
on leave granted by the employer; or
(2) any absence from work
by reason of personal illness, injury or other reasonable cause (proof whereof
shall in each case be upon the employee); provided that time so lost shall not
be taken into account in computing the qualifying period of three months.
(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.
20. General
Conditions
(i) A
sufficient supply of boiling water shall be provided by the employer at meal
hours for all employees unless other suitable arrangements are made in the
employer's establishment.
(ii) Suitable
lavatory accommodation and dressing rooms to ensure protection for clothes left
therein shall be provided for all employees by the employer.
(iii) A lunch
room, which must be separated from any dressing room, for the accommodation of
the employees at meal times shall be provided.
(iv) Hot and cold
showers and hand basins in sufficient number shall be made available by the
employer for all employees. (See also
section 58, Factories Shops and Industries Act, 1962, and Regulations made
thereunder.)
(v) Towels, soap
and one pair of boiler overalls or wrap-over shall be supplied to each employee
engaged on dirty work by the employer.
Such protective clothing shall be renewed and be replaced, if necessary,
when unserviceable by wear and tear.
(vi) Employees
shall be allowed a rest period of not less than ten (10) minutes each morning.
(vii) The existing
conditions in respect of washing time and afternoon rest periods existing at
the making of this award shall be maintained.
(viii) All washing
and rest periods specified in this subclause shall be paid for as time worked.
(ix) When
required to work in wet conditions employees shall be supplied with suitable
protective clothing, including rubber boots.
(x) All
protective clothing supplied pursuant to this clause shall remain the property
of the employer.
(xi) Employees in
the plaiting section shall be supplied with ear plugs or ear muffs for
protection against noise; provided that this provision is subject to a decibel
rating determined by Workcover New South Wales.
(xii) Employees in
the loose asbestos fibre section shall be supplied with an approved type of
respirator.
(xiii) Employees
engaged on dirty work shall be supplied by the employer with nail brushes and a
suitable cleanser.
21. Time and Payment
of Wages
(i) Employees
shall be paid on Thursday of each week except at plants where the majority of
employees may elect to be paid on Friday, except a casual employee who is
engaged on an irregular basis for short term engagements of less than one week
shall be paid wages within half an hour from the termination of employment.
(ii) The
corresponding pay week shall close not earlier than Tuesday or Wednesday
respectively.
(iii) Overtime
worked on the last day of the pay week may be paid with the ordinary pay for
the next following pay week.
(iv) Upon
termination of the employment, wages due to an employee shall be paid to him on
the day of such termination or forwarded to him by cheque by post on the next
working day.
(v) Any employee
kept waiting for his wages on pay day for more than ten (10) minutes after the
usual time for ceasing work, shall be paid at overtime rates after that quarter
of an hour with a minimum payment of a quarter of an hour.
(vi) Where an
employer and an employee mutually agree, wages may be paid by cheque or bank
deposit. The employer is responsible
for all bank charges applicable to the deposit of wages by cheque or bank
deposit and for one withdrawal each pay.
In any event after three (3) months notice from the employer to the
employees the employer may at the employer's discretion make payment by cheque
or direct bank deposit.
22. Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
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.
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.
23. Repatriation
Leave
Employees, being ex-service personnel, who have served
overseas shall be allowed, as time worked, lost time incurred whilst attending
repatriation centres for medical examination and/or treatment; provided that:
(i) such lost time
does not exceed four (4) hours on each occasion and a maximum of two (2) days
per annum;
(ii) the employee
produces evidence satisfactory to the employer that the employee is so required
to and subsequently does attend a repatriation centre.
Provided that the employer shall be entitled to deduct from
such lost time any payments the employee is entitled to receive from the
Department of Veterans' Affairs in respect of any such attendance.
24. Disputes and
Industrial Grievance Procedure
(i) Subject to
the provisions of the Industrial Relations Act 1996, grievances and
disputes shall be dealt with in the following manner:
(a) Procedures
relating to grievances of individual employees:
(b) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(c) A grievance
must be dealt with as close to its source as possible, with graduated steps for
further discussion and resolution at higher levels of authority.
(d) Reasonable time
limits must be allowed for discussion at each level of authority.
(e) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(f) While a
procedure is being followed, normal work must continue.
(g) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to disputes, etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
25. Superannuation
(i) Definitions
-
In this award:
(a) "Approved
Fund" means a superannuation fund as described below:
(1) The Australian
Retirement Fund (A.R.F.); or
(2) The Australian
Savings and Superannuation Employment Trust (A.S.S.E.T.); or
(3) In respect of
those employers listed in subclause (vi) of this clause, approved fund shall
mean any fund which satisfies the Commonwealth Government Operational Standards
for Occupational Superannuation Funds and is agreed to by the Union.
(b) "Ordinary-time
Earnings" means:
(1) in the case of
a weekly employee, the classification weekly rate of pay (including where
applicable leading hand allowance and/or shift allowance) together with any
overaward payment for ordinary hours of work;
(2) in the case of
a part-time or casual employee the number of ordinary hours worked in each week
multiplied by the appropriate hourly rate for the classification of the
employee (including where applicable the leading hand allowance and/or the
part-time or casual loading).
(c) "Overaward
payment" means the amount (whether it be termed "overaward
payment", "attended bonus", "service increment", or
any term whatsoever) which an employee would receive in excess of the award
rate of pay for the classification in which such employee is engaged. Provided that such payment shall exclude
overtime, meal allowances and any other ancillary payments of a like nature.
(d) "Trustee"
means the Trustee of an approved fund as may be appointed from time to time.
(e) "Union"
means Australian Liquor, Hospitality and Miscellaneous Workers Union, New South
Wales Branch.
(ii) Employers
To Become A Party To An Approved Fund -
(a) Each employer
bound by this award shall sign and execute an application to become a
participating employer of an approved fund.
(b) Each employer
bound by this award shall become party to the approved fund upon the acceptance
of the Trustee of the approved fund of an application to become a participating
employer, duly signed and executed by each employer and the Trustee of the
approved fund.
(c) Each employer
bound by this award shall provide every employee who is not already a member of
the approved fund with a membership application form for the approved fund upon
commencement of service or upon commencement of this award. Each employee shall be required to complete
such Form and the completed Form shall be forwarded to the Administrator of the
approved fund at the end of the calendar month of commencement of service.
(d) Employers shall
make contributions in accordance with subclause (iv) of this clause payable to
the Administrator of the approved fund.
(iii) Eligibility
of Employees -
(a) Date of
becoming eligible - All employees shall be eligible to join the approved fund
three months after the date of commencement of employment, or upon the date of
commencement of this award, whichever is the later.
(b) Payment from
date eligible - Notwithstanding the date upon which an employee signs a
membership application form, contributions in accordance with subclause (iv) of
this clause shall be made from the date when the employee became eligible for
membership.
(iv) Contributions
-
(a) Each employer
shall pay in respect of each employee an amount equal to three per cent of the
employee's ordinary-time earnings.
(b) Contributions
for eligible employees shall be made in respect of all ordinary-time earnings
earned from the later date of commencement of employment or the commencement of
this award.
(c) Notwithstanding
the foregoing, an employer shall only make contributions on behalf of a casual
employee provided such person has worked more than twelve hours in any one
calendar month.
(v) Remitting
Payments - Each employer shall remit to the Trustee of the fund all payment due
in respect of his/her employees immediately at the conclusion of each calendar
month, or at such other times and in such other manner as may be agreed in
writing between the Trustee and the employer.
(vi) Records -
Each employer shall retain all records relating to the calculation of payments
due to the approved fund in respect of each employee and such records shall be
retained for a period of six years.
They shall be available for inspection by:
(a) the officials
of the Union in accordance with Part 7, Entry and Inspection by Officers of
Industrial Organisations of the New South Wales Industrial Relations Act 1996;
(b) representatives
of the Trustee.
(vii) Exemptions
- The following employers shall pay contributions in accordance with subclauses
(iii), (iv), (v) and (vi) of this clause to an approved fund in accordance with
subparagraph (b) of subclause (i) of this clause.
Employer Name of Fund
Basil V.R.Greatrex Pty.
Limited Colonial Mutual P.A.C.E.
26. Leave Reserved
Leave is reserved to the parties to make application to
insert:
(i) Call back
clause
(ii) Duty of care
clause.
27. Enterprise
Arrangements
See Industrial Relations Act, 1996.
28. Redundancy
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees covered by the
provisions of this award.
(b) This clause
shall apply only to employers who employ 15 employees or more immediately prior
to the termination of employment of employees, in the terms of subclause (v) of
this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(c) Provided that
where this award makes provision for alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(iii) Employer's
Duty to Discuss Change
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (ii),
Introduction of Change, of this clause, the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (ii) of this
clause.
(c) For the
purpose of such discussions, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees;
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Discussions
before Terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause, 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.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(v) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure, in
accordance with paragraph (a) of subclause (ii), Introduction of Change:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of continuous service
|
Period of notice
|
|
|
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
2 years and less than 5 years
|
3 weeks
|
|
3 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(vi) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (a) of the said subclause (ii).
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(d) When an
employer gives to an employee notice of the termination of employment on
account of the introduction or proposed introduction of mechanisation or
technological changes, within fourteen (14) days thereafter the employer shall
give notification in writing to the Industrial Registrar and the Secretary of
Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales
Branch, of that fact, stating the employee's name, address and usual occupation
and the date when the employment terminated or will terminate in accordance
with the notice given.
(vii) Time Off
during the Notice Period
(a) During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day's time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purpose of seeking other employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(viii) Employee
Leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(ix) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(x) Notice to
Centrelink - Where a decision has been made to terminate the employment of
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.
(xi) 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.
(xii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (a) of subclause (ii), Introduction of Change, 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 rate for the number of
weeks of notice still owing.
(xiii) Severance
Pay - Where the employment of an employee is to be terminated pursuant to
subclause (v) of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the employee
the following severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of service
|
Under 45 years of age entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of service
|
45 years of age and over entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments and shift penalties paid in accordance with this award.
(xiv) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(xiii) of this clause.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in subclause (xiii) of this
clause will have on the employer.
(xv) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause (xiii) of this clause if the employer obtains
acceptable alternative employment for an employee.
(xvi) Procedures
Relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 24, Disputes and Industrial Grievance
Procedure.
29. 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.
30. Area, Incidence
and Duration
(i) This award
is made following a review under section 19 of the Industrial Relations Act,
1996 and rescinds and replaces the Engine Packing Manufacture (State) Award,
published 17 August 1990 (258 IG 263), and all variations thereof, the
Miscellaneous Worker’s Engine Packing Manufacture (State) Wages Adjustment and
Redundancy Award, published 13 October 1995 (288 IG 652) and all variations
thereof and the Miscellaneous Workers Engine Packing Manufacture (State) Wages
Adjustment, Family Leave and Allowances Award, published 29 November 1996 (295
IG 1141) and all variations thereof.
(ii) It shall
apply to all employees engaged in the manufacture of engine packing in the
State, excluding the County of Yancowinna, within the jurisdiction of the
Engine Packing Manufacturers (State) Industrial Committee.
(iii) This award
shall take effect from the beginning of the first full pay period on or after
18 July 2000 and shall remain in force thereafter for a period of 2 years until
varied or rescinded
(iv) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 18 December 1998 (308 IG 307) are set out in the attached Schedules.
SCHEDULE A
Award and Variations
Incorporated
|
Clause
|
Award/Variation Serial No.
|
Date of Publication
|
Date of taking Effect
|
Industrial Gazette
Vol Page
|
|
cl 1 to 29
|
A6419
|
17.8.90
|
26.10.88
|
258
|
263
|
|
|
A7578
|
28.9.90
|
4.4.90
|
259
|
459
|
|
|
A7564
|
3.10.90
|
29.3.90
|
260
|
345
|
|
|
A6915
|
17.5.91
|
21.6.89
|
262
|
579
|
|
|
B1143
|
8.5.92
|
4.10.91
|
269
|
464
|
|
|
B1144
|
5.6.92
|
10.12.91
|
269
|
1306
|
|
|
B2826
|
24.6.94
|
4.2.94
|
280
|
864
|
|
|
B4667
|
29.11.96
|
13.6.96
|
295
|
1195
|
|
|
B3700
|
13.10.95
|
5.5.95
|
288
|
652
|
|
|
B4668
|
29.11.96
|
13.6.96
|
295
|
1196
|
|
|
B4669
|
29.11.96
|
13.6.96
|
295
|
1141
|
|
|
B4857
|
27.3.97
|
30.8.96
|
297
|
581
|
|
|
B5831
|
23.1.98
|
21.8.97
|
303
|
247
|
|
|
B6932
|
25.6.99
|
28.7.98
|
309
|
927
|
|
|
B7239
|
15.10.99
|
10.12.98
|
311
|
614
|
|
|
B7990
|
24.3.00
|
3.6.99
|
314
|
604
|
SCHEDULE B
Changes Made on
Review
Date of Effect: 18
July 2000
(1) Provisions
Modified:
|
Clause
in this
Award
|
Award
|
Clause
|
Previous Form of Clause Last Published at:
IG Vol Page
|
|
14 (i) (a)
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment, Family Leave and Allowances Award
|
6(1)(a)
|
297
|
581
|
|
15 (iii)
|
Engine Packing Manufacture (State) Award
|
22(iii)
|
311
|
614
|
|
20 (ii), (iii), (xi)
|
Engine Packing Manufacture (State) Award
|
20(iii), (iv), (x)
|
258
|
263
|
|
24 (i)
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment, Family Leave and Allowances Award
|
7
|
295
|
1141
|
|
25 (i) (a) (2)
|
Engine Packing Manufacture (State) Award
|
25A(viii) moved to 25 (i) (a) (2)
|
262
|
579
|
|
25 (vi) (a)
|
Engine Packing Manufacture (State) Award
|
25A(vi)(a)
|
262
|
579
|
|
27
|
Engine Packing Manufacture (State) Award
|
26C
|
269
|
1306
|
|
28 (i) (a)
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment and Redundancy Award
|
6(a)
|
288
|
652
|
|
28 (vi) (d)
|
Engine Packing Manufacture (State) Award
|
15(v) moved to 28(vi)(d)
|
258
|
263
|
|
28 (x), (xi)
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment and Redundancy Award
|
6(x), (xi)
|
288
|
652
|
(2) Provisions
Removed
|
|
Award
|
Clause
|
Previous Form of Clause Last Published at:
IG Vol Page
|
|
|
Engine Packing Manufacture (State) Award
|
25
|
258
|
263
|
|
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment and Redundancy Award
|
5
|
288
|
652
|
|
|
Engine Packing Manufacture (State) Award
|
15(iv)(a)(b)
|
258
|
263
|
|
|
Engine Packing Manufacture (State) Award
|
18
|
258
|
263
|
|
|
Engine Packing Manufacture (State) Award
|
20(i)
|
258
|
263
|
|
|
Miscellaneous Workers’ Engine Packing Manufacture (State)
Wages Adjustment and Redundancy Award
|
5
|
288
|
652
|
(3) Rescinded
Obsolete Awards Related to this Review:
Not Applicable
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Column A
Former Rate
per week
$
|
Column B
SWC
June 1999
$
|
Column C
Total Rate
per week
$
|
Column D
SWC 2000
$
|
Column E
Total Rate per week
$
|
|
Machinist
|
391.70
|
12.00
|
403.70
|
15.00
|
418.70
|
|
Trainee Machinist (First 3 months)
|
383.50
|
12.00
|
395.50
|
15.00
|
410.50
|
|
Labourer
|
386.60
|
12.00
|
398.60
|
15.00
|
413.60
|
|
Light Machinist (as defined)
|
384.90
|
12.00
|
396.90
|
15.00
|
411.90
|
|
Trainee Light Machinist (First 3 months)
|
376.80
|
12.00
|
388.80
|
15.00
|
403.80
|
|
Tablehand/Trimmer/Finisher/Packager
|
381.80
|
12.00
|
393.80
|
15.00
|
408.80
|
(i) The rates
in Column C shall take effect on and from the first full pay period to commence
on or after 18 July 2000.
(ii) The rates
in Column E shall take effect on and from the first full pay period to commence
on or after 18 December 2000.
Table 2 - Other Rates and Allowances
|
Item
|
Clause No.
|
Brief Description
|
Column A
Amount Payable
$
|
Column B
Amount Payable
$
|
|
1
|
9(ii)
|
Meal Allowance
|
6.49 per meal
|
6.72 per meal
|
|
2
|
9(iii)(a)
|
Leading Hand - Up to 10 employees
|
18.50 per week
|
19.10 per week
|
|
3
|
9(iii)(b)
|
Leading Hand - Over 10 employees
|
24.70 per week
|
25.50 per week
|
|
4
|
9(iv)
|
First Aid Allowance
|
1.66 per day
|
1.71 per day
|
|
5
|
9(v)(a)
|
Dirt Money: Squaring Machine or Cleaning Tanks
|
0.94 per day
|
0.97 per day
|
|
6
|
9(v)(b)
|
Dirt Money: Twisting Machine or Hemp and/or Asbestos
Plaiters
|
0.86 per day
|
0.87 per day
|
(i) The rates
in Column A shall take effect on and from the first full pay period to commence
on or after 18 July 2000.
(ii) The rates in
Column B shall take effect on and from the first full pay period to commence on
or after 18 December 2000.
T. M.
KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.