WHOLESALE FRUIT AND
VEGETABLE MARKET EMPLOYEES (NEWCASTLE, &c.) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to section 19 of the Industrial
Relations Act 1996.
(No. IRC 6930 of
1999)
|
Before the Honourable Mr Deputy President Harrison
|
18 October and 3
November 2000
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1 Arrangement
2. Definitions
2A. Utilisation
of Skills
3. Hours of Duty
4. Rates of Pay
5. Overtime
6. Recall to Work
7. Saturday, Sunday and Holiday Rates
8. Public Holidays
9. Sick Leave
9A. Personal/Carer’s
Leave Case - August 1996
10. Market
Picnic Day
11. Annual
Leave
12. Annual
Holiday Loading
13. Additional
Day Off Duty
14. Long
Service Leave
15. Compassionate
Leave
15A. Parental
Leave
16. Terms of
Engagement
17. Change and
Meal Room
18. Protective
Clothing
19. Payment of
Wages
20. Existing
Privileges
21. First-aid
22. Notice
Board
23. Recognised
Industrial Organisation of Employees
24. Mixed Functions
25. Jury
Service
26. Redundancy
27. Occupational
Superannuation
28. Settlement
of Disputes Procedures
29. Anti-Discrimination
30. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Definitions
(i) General
Assistant shall mean an employee engaged in handling, checking, accounting and
receiving fruit and/or vegetables.
(ii) Salesperson
shall mean an employee engaged in the handling, checking, storing, packing,
loading and delivering of fruit and/or vegetables who determines selling
prices, whether with or without the additional responsibility of contacting and
advising growers as to prices and taking charge of a selling section.
(iii) Head
Salesperson shall mean an employee who, in addition to being engaged on selling
duties, is responsible for the supervision of all salespersons and assistants.
(iv) Banana
Ripener shall mean an employee responsible for the treatment and ripening of
bananas for the purpose of preparing them for sale in sound, marketable
condition and who also may be utilised for purposes as a salesperson.
2A. Utilisation of
Skills
(i) Employee
shall be employed to carry out such duties as may be directed by an employer
from time to time, subject to the limits of their skill and competence and
training.
(ii) Any
employee may, at any time, carry out such duties and use such tools and
equipment as may be directed by an employer, provided that the employee has
been properly trained in the use of such tools and equipment.
(iii) Any
direction given by an employer in accordance with subclauses (i) and (ii) shall
be consistent with the employer’s obligations under the Occupational Health and
Safety Act 1983.
(iv) Disputes
arising in relation to the operation of this clause shall be dealt with in
accordance with clause 28, Settlement of Disputes Procedures.
3. Hours of Duty
The ordinary hours of work shall be forty per week and such
ordinary hours shall be worked between the hours of 3.00 a.m. and 3.00 p.m.,
Monday to Friday inclusive. The spread
of hours shall not exceed ten hours in any one day.
4. Rates of Pay
(i) The minimum
rates of pay to be paid to employees named hereunder shall be as set out in (a)
to (d) of Table 1 - Wages, of Part B, Monetary Rates.
Adult Employees -
(a) General
Assistant
(b) Head
Salesperson
(c) Banana Ripener
(d) Salesperson
(e) Employees
required by their employer to operate a fork lift truck, shall be paid an
allowance as set in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(ii) Junior
Employees - The rates of pay for junior employees shall be as set out in the
said Table 1.
(iii) The rate
payable to junior employees shall be calculated to the nearest 10 cents, any
portion of 10 cents not exceeding half of 10 cents in the result shall be
disregarded.
(iv) The
proportion of juniors employed shall not exceed one junior to each adult
employee, except during peak market periods when a second junior may be
employed for a period not exceeding four consecutive weeks.
(v) Casual
Employees - A casual employee shall be an employee engaged by the hour; such
employees shall be paid per hour 1/40 of the weekly rates prescribed in this
clause, plus 15 per cent.
(vi) Part-time
employees:
(a) An employee
may be engaged on a part time basis. A part time employee shall mean a weekly
employee engaged to work regular days and regular hours, either of which are
less than the number of days or hours worked by a full time employee.
(b) A part-time
employee is entitled to a minimum start per occasion of 3 continuous hours,
except:
(A) where the
employer and the employee concerned agree that there shall be a start of 2
continuous hours on more days per week, provided that:
(i) a 2 hour
start is sought by the employee to accommodate the employee’s personal
circumstances, which must be specified, or
(ii) the place of
work is within a distance of 5 kilometres of the employee’s place of residence.
(c) A part-time
employee may work up to 40 hours per week without the payment of overtime.
(d) A part-time
employee will be paid per hour 1/40 of the weekly rate of pay prescribed for a
full- time employee of the same classification contained in Table 1 of this
Award.
(e) Any hours
worked by a part time employee outside the ordinary hours of work as set out in
clause 3, or in addition to the forty hours per week shall be paid at overtime
rates.
(f) Subject to
this clause, all the provisions of the award shall apply to a part time
employee on a pro rata basis.
(vii) The rates of
pay in this award include the adjustments payable under the State Wage Case of
2000.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991, other than safety net, State Wage Case, and minimum
rates adjustments.
5. Overtime
All time worked in excess of 40 hours per week shall be
overtime and shall be paid for at the rate of time and one-half for the first
two hours and double time thereafter.
Where an employee is called upon to work overtime for more
than one hour after his/her ordinary ceasing time, he/she shall be paid an
amount set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, as meal money in addition to his/her overtime payment.
This provision shall not apply when the employee has been
notified the day before of the need to work overtime.
6. Recall to Work
Any employee after leaving his/her employer’s premises and
being recalled by the employer without prior notification, shall be paid a
minimum of four hours at overtime rates for each time he/she is so recalled.
7. Saturday, Sunday
and Holiday Rates
(i) All time
worked on Saturday shall be paid for at the rate of time and one-half for the
first two hours and double time thereafter.
(ii) All time
worked on Sunday shall be paid for at the rate of double time.
(iii) For all
time worked on any of the holidays prescribed in Clause 8, Public Holidays,
double time and one-half shall be paid in addition to the ordinary rate, with a
minimum engagement of four hours.
8. Public Holidays
The days on which New Year’s Day, Australia Day, Good
Friday, Easter Monday, Anzac Day, Queen’s Birthday, Christmas Day, Boxing Day,
Labour Day occur, or any other day proclaimed in lieu thereof, and any other
days which may be proclaimed as public holidays for the State of New South
Wales shall be a holiday and no deduction in respect of such holiday shall be
made from the wages due to an employee for the week in which such holiday or
holidays occur.
9. Sick Leave
(i) Where the
employee is unable to attend for duty, the employee will endeavour to inform
the employer prior to the commencing time, in order to allow the employer to
engage a replacement for the period of such non-attendance.
(ii) Where an
employee after one month’s service with one employer becomes disabled by
sickness or injury by accident, proof of which is given to the employer by
medical certificate or other satisfactory evidence within 24 hours of the
beginning of the employee’s absence, the employee, shall, on account thereof,
be entitled without deduction of pay to absent himself/herself from work for up
to an aggregate of 40 hours of ordinary working time during his/her first year
of employment on the following bases:
After the first month of continuous service - 1 day;
2 months’ completed service - 2 days;
3 months’ completed service - 3 days;
4 months’ completed service - 4 days;
5 months’ completed service - 5 days,
up to a maximum of 40 hours.
(iii) On the
first day of the second year of service and each year of service thereafter, an
employee shall qualify for eight days of ordinary working time as sick leave,
or, in cases where the employee normally works more than eight ordinary hours
in any day, the employee shall not be entitled to leave in excess of 64 hours
of working time.
(iv) The rights
under this clause shall accumulate as long as the employee continues to be
employed by the same employer.
9a. Personal/Carer’s
Leave Case - August 1996
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 9, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child, or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family 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 (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 months period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (as), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
10. Market Picnic Day
The Market Picnic Day shall be held on a Saturday on a day
to be arranged each year by The Australian Workers' Union, New South Wales.
11. Annual Leave
See Annual Holidays Act 1944.
12. Annual Holiday
Loading
(i) This clause
takes effect on and from 28 August 1974.
It applies only in relation to annual holidays to which employees become
or have become entitled on or after 28 August 1974.
(ii) In this
clause, the Annual Holidays Act 1944 is referred to as "the
Act".
(iii) Before an
employee is given and takes his/her annual holiday or where, by agreement
between the employer and employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay his/her employee a loading determined in accordance with this
clause.
(NOTE: The
obligation to pay in advance does not apply where an employee takes an annual
holiday wholly or partly in advance - see subclause (vii).
(iv) 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.
(v) The loading
is to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled on or after 28 August 1974 under the
Act, and which commences on or after 28 August 1974 or, where such a holiday is
given and taken in separate periods, then in relation to each such separate
period. (NOTE: See subclause (vii) as to holidays taken
wholly or partly in advance after 28 August 1974.)
(vi) The loading
is the amount payable for the period or the separate periods, as the case may
be, stated in subclause (v) at the rate per week of 17.5 per cent 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
his/her annual holiday, but shall not include any other allowances, penalty
rates, shift allowances, overtime rates, or any other payments prescribed by
this award.
(vii) No loading
is payable to an employee who takes an annual holiday wholly or partly in
advance; provided that, if the employment of such an employee continues until
the day when he/she would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (vi) of this
clause, applying the rates of wages payable on that day. This subclause applies where an annual
holiday has been taken wholly or partly in advance on or after 28 August 1974
and the entitlement to the holiday arises after that day.
(viii)
(a) When the
employment of an employee is terminated by his/her employer on or after 28
August 1974 for a cause other than misconduct and at the time of the
termination the employee has not been given and has not taken the whole of an
annual holiday to which he/she became entitled on or after 28 August 1974,
he/she shall be paid a loading calculated in accordance with subclause (vi) 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.
13. Additional Day
Off Duty
As consideration for the Market Picnic Day being held on a
Saturday each year, the employer is required to give an employee at the end of
each completed year of employment one day off duty for which the employee shall
receive his/her ordinary pay for that duty.
The additional day off duty shall be given and taken on a
date to be mutually agreed upon by the employer and the employee.
14. Long Service
Leave
See Long Service Leave Act 1955.
15. Compassionate
Leave
(i) An
employee, other than a casual employee, after one month's continuous service
with the employer shall be entitled to a maximum of three days compassionate
leave without deduction of pay on each occasion of the death of a person within
Australia as prescribed in subclause (iii) of this clause.
(ii) The
employee must notify the employer as soon as practicable of the intention to
take compassionate leave and will provide to the satisfaction of the employer
proof of death.
(iii) Compassionate
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 9A,
Personal/Carer's Leave Case - August 1996, provided that, for the purpose of
compassionate leave, the employee need not have been responsible for the care
of the person concerned.
(iv) An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
(v) Compassionate
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said Clause 9A.
In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
15A. Parental Leave
For entitlements and obligations concerning maternity leave,
paternity leave and adoption leave, see Ch. 2 Part 4 of the Industrial
Relations Act, 1996.
16. Terms of
Engagement
Employees, other than casuals, shall be employed by the week
and their engagement shall only be terminated by a week's notice on either
side, to be given at any time during the week or by payment or forfeiture, as
the case may be, of a week's wages in lieu thereof; provided that for the first
four weeks of engagement of a new employee the employment may be terminated at
any time without notice.
An employee who is guilty of misconduct may be dismissed at
any time without payment in lieu of notice.
17. Change and Meal
Room
The Chamber of Fruit and Vegetable Industries shall provide
within the markets a separate change room and meal room which shall be
furnished with tables and chairs for use by employees free of charge.
Each employer shall, if requested by an employee, provide at
the rear of his/her stand a locker for the use of the employee free of charge.
Boiling water shall be supplied free of charge to employees
on request at the commencement of a meal break.
The employer shall provide free of charge tea, coffee, milk
and sugar for tea breaks.
18. Protective
Clothing
The employer shall provide free of charge a serviceable
apron and hammer for each employee where they are required for the performances
of their work.
All such equipment supplied by the employer shall remain the
property of the employer and shall be returned to the employer by the employee
on termination of employment.
19. Payment of Wages
(a) One day of
each pay period shall be recognised as pay day, such day not to be later than a
Thursday; however, should such pay day fall on a Thursday which is a public
holiday, then such pay day shall be no later than one day prior to the
Thursday. When or before payment of
wages is made to an employee he/she shall be issued with a docket showing at
least the gross amount of wages and the amount of any deductions which are made
from his/her earnings. Employees shall
be paid during ordinary working hours.
If they are paid during the usual meal time, such time so occupied shall
be added to the actual meal time. Any
employee required to wait for more than 15 minutes after his/her ordinary
ceasing time to receive his/her wages shall be paid at overtime rates for all
time he/she is kept waiting to be paid.
The pay period shall close not more than two working days before the
recognised pay day.
(b) Where wages
and overtime are paid by cheque or bank transfer the following conditions shall
apply:
(i) Payment by
cheque or bank transfer will not involve any of the employees in any banking
costs.
(ii) Time will be
granted to the employees to cash their weekly wage cheque during normal banking
hours in their normal pay day without loss of pay.
(iii) The employees
shall, if necessary, be allowed to leave the employer's premises to cash the
said cheque.
(iv) Should any
employees request to have their weekly wages paid into a bank account, credit
union or building society account, the employer shall comply with such request.
(v) Payment by
cheque or bank transfer shall not be a term of employment imposed by the
employer upon the existing employee.
20. Existing
Privileges
An employee who is receiving a higher weekly wage and/or
better working conditions shall not have such wage reduced nor conditions
altered merely as a consequence of this award.
21. First-Aid
(i) The
Newcastle Chamber of Fruit and Vegetable Industries shall provide and maintain
in an accessible position a fully equipped first-aid outfit.
(ii) An employee
appointed by an employer to perform first-aid duty shall be paid an amount set
out in Item 3 of Table 2 - Other Rates and Allowance, of Part B, Monetary
Rates, in addition to his/her ordinary rates.
22. Notice Board
The Newcastle Chamber of Fruit and Vegetable Industries
shall provide within the markets a common notice board of reasonable dimensions
upon which an accredited representative of The Australian Workers' Union, New
South Wales, shall be permitted to post formal union notices duty signed by the
representative of the said union.
Any notice not so signed may be removed by the
representative of the said union or by the Chamber.
23 Recognised
Industrial Organisation of Employees
The Australian Workers' Union, New South Wales, is the
recognised relevant industrial organisation of employees within the limits of
its rules and constitution.
Nothing stated above is to be construed to confer a right of
preference of employment in favour of a member of an industrial organisation of
employees over a person who is not a member of an industrial organisation of
employees.
24. Mixed Functions
(i) An employee
who is required to perform, on any day, work for which a higher rate of wage
than that of his/her ordinary classification is prescribed, shall be paid as
follows:
(a) If he/she is
required to perform such work for two hours or more, he/she shall be paid for
the day the higher (or highest, as the case may be) rate of wage prescribed for
the work performed.
(b) If he/she is
required to perform such work for less than two hours, he/she shall be paid the
higher (or highest, as the case may be) rate of wage prescribed for the time
actually occupied on such work.
(ii) An employee
who is required to perform, on any day, work for which a lower rate of wage
than that of his/her ordinary classification is prescribed, shall suffer no
reduction in pay in consequence thereof.
25. 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 award 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
requirements as soon as practicable after receiving notification to attend for
jury service.
26. Redundancy
(a) Application
-
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by this Award.
(ii) This clause
shall apply in respect of employers who employ 15 employees or more immediately
prior to the termination of employment of employees, in the terms of subclause
(d), Termination of Employment.
(iii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change -
(i) 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 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.
(ii) Employer's
duty to discuss change -
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred subclause (b)(i) of this
clause, the effects the changes are likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees, and shall
give prompt consideration to matters raised by the employees and/or the union
in relation to the changes.
(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 the said subclause (b)(i).
(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.
(c) Redundancy -
(a) Discussions
before termination -
(1) 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 (1)
of subclause (b)(i) Introduction of Change, and the 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 provisions of paragraph (1) 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.
(3) 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.
(d) Termination
of Employment -
(i) Notice for
changes in production, programme, organisation or structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, program, organisation or structure, in
accordance with paragraph (ii), Introduction of Change.
(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.
(ii) Notice for
technological change - This subclause sets out the reasons arising from
technology in accordance with paragraph (i)(1) of subclause (b) Introduction of
Change.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
three 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.
(iii) 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 weeks, for the purpose 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.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment had been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Cenrelink as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) 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.
(viii) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in subclause (a) of paragraph (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 rates for the number of
weeks of notice still owing.
(e) Severance
Pay -
(i) Where an
employee is to be terminated pursuant to paragraph (iv), Termination of
Employment, and 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 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
|
(3) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
Clause 4, Rates of Pay, of the parent award.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (I) 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 probably effect paying the amount of severance pay in subclause (I) of
this clause will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said subclause (i) if the employer obtains
acceptable alternative employment for an employee.
(f) Saving
Clause - Nothing in this award shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the industrial organisation of employees and any employer
bound by this award.
27. Occupational
Superannuation
(i) Definitions -
(a) "The
Fund" for the purpose of this clause shall be a fund prescribed by
subclause (ii), Funds.
(b) "Approved
Fund" is a fund approved in accordance with the Commonwealth Operational
Standards for Occupational Superannuation Funds.
(c) "Ordinary-time
Earnings" for the purposes of this clause shall mean:
(1) In the case of
weekly and casual employees his/her award rate of pay (as prescribed by Clause
4, Rates of Pay) for ordinary hours of work.
A casual employee's award rate of pay for ordinary hours of work shall
also include the casual loading as prescribed by subclause (v) of the said
Clause 4.
(2) Overaward
payments, whether expressed as "overaward payments", "service
increments", "attendance bonus", "merit payments",
"commission payments" or such other payment which is in excess of the
award rate of pay, shall be included in the calculation of ordinary-time
earnings for the purpose of this clause.
(3) Provided
further that all overtime and cost of reimbursable related allowances, as
defined by Clause 5, Overtime, shall not be included in the calculation of
ordinary-time earnings.
(d) "Eligible
Employee" for the purposes of this clause means a full-time or casual
employee whose work is governed by the industries and callings of Clause 30, Area,
Incidence and Duration.
Provided further, for the purposes of this clause,
full-time employee is an eligible employee upon completion of four weeks'
service and a casual employee is an eligible employee upon the completion of
152 hours of accumulated service and 20 starts or more out of 365 days per
year. In this clause an employee means
an eligible employee.
(e) "Eligible
Employer" for the purposes of this clause means an employer who employs
labour, whose industries and callings are governed by this award pursuant to
the said Clause 29. In the clause
employer means an eligible employer.
(ii) Funds -
(a) An approved
superannuation fund to which an employer, prior to 26 October 1990, was making
contributions on behalf of employees, where such contributions were intended to
be in satisfaction of the superannuation principle adopted by the State Wage
Case of 1986, as varied from time to time by subsequent State Wage Case
decisions; provided that this provision shall not be applicable to an employer unless
such employer, on or before 26 January 1991, files with the Industrial
Registrar an election to adopt such fund and such election is not disallowed by
order of the Industrial Relations Commission of New South Wales after hearing
the employer and the relevant union.
An election under this paragraph shall set out the name
and date of inception of the fund and the extent of contributions per employee,
together with information relevant to establishing that the fund is an approved
fund and that contributions were intended to be in satisfaction of the
superannuation principle.
(b) Notwithstanding
the above, where an employer prior to 26 October 1990 is not making
contributions specified in paragraph (a), then it shall be the Australian
Superannuation Savings Employment Trust constituted by a deed made 14 October
1987.
(iii) Contributions
-
(a) An employer
bound by the terms of this award shall pay to the Trustees of the fund, in
accordance with subclause (ii), Funds, an amount equal to three per cent of the
employee's ordinary-time earnings each week.
(b) Where an
employee is absent on leave without pay, whether or not such leave is approved,
no contribution from the employer shall be due in respect of that employee, in
respect of the unpaid absence.
(c) Where an
employee provided for in paragraph (d) of subclause (i) Definitions, becomes an
eligible employee, the employer shall pay contributions for the qualifying
period.
(d) Employees who
may wish to make contributions to the fund additional to those being paid by
the employer pursuant to paragraph (a) shall be entitled to authorise the
employer to pay into the fund from the employee's wages an amount specified by
the employee.
Employee contributions to the fund requested under this
subclause shall be made in accordance with the rules of the fund.
(iv) Frequency of
Payment - Each employer shall pay such contributions together with any employee
deductions in accordance with the requirement of the trust deed of the fund.
(v) Leave
Reserved - Leave is reserved to any party bound by subparagraph (1) of
paragraph (c) of subclause (i) of this clause to apply in respect of any
unforeseen circumstances not contemplated or resolved by the parties at the
time this clause was inserted into this award.
(vi) Exemptions -
An employer may apply to the Industrial Relations Commission of New South Wales
seeking exemption from this clause.
28. Settlement of
Disputes Procedures
The procedure for the resolution of industrial disputation
will be in accordance with Ch 3 of the Industrial Relations Act
1996. These procedural steps are:
(a) Procedure
relating to a grievance of an individual employee:
(i) 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.
(ii) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussions, the emplo9yer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees.
(b) Procedure for
a dispute between an employer and the employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for a further discussion and resolution at
higher levels of authority.
(ii) Reasonable
time limits must be allowed for discussion and resolution at higher levels of
authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) 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 purpose
of each 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 (NSW) to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of this award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti - discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State of
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56 (d)
of the Anti-Discrimination Act 1977 provides:
(i) Nothing in
the Act affects.....any other act or practice of a body established to
propagate religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
30. Area, Incidence and
Duration
This award is made following a section 19 review pursuant to
the Industrial Relations Act 1996 and rescinds and replaces the Wholesale Fruit
and Vegetable Market Employees (Newcastle, &c.) Award published 20 January
1995 (283 I.G 261) and all variations thereof.
The award shall come into effect from the first full pay
period to commence on or after 18 October 2000 and shall continue for a nominal
term of twelve months.
PART B
MONETARY RATES
Table 1 - Wages
(i) Adult
Employees -
|
Grade
|
Current Wage Rate
$
|
3rd Safety Net
Adjust.
$
|
1998
State Wage
Case
$
|
Rate Effective from
FFP
18/10/00
$
|
1999 State Wage
Case
$
|
2000 State Wage
Case
$
|
Rate Effective from
FFP
18/1/01
$
|
|
Head Salesperson
|
446.90
|
8.00
|
14.00
|
468.90
|
12.00
|
15.00
|
495.90
|
|
Banana Ripener
|
391.30
|
8.00
|
14.00
|
413.30
|
12.00
|
15.00
|
440.30
|
|
Salesperson
|
370.00
|
8.00
|
14.00
|
392.00
|
12.00
|
15.00
|
419.00
|
|
General Assistant
|
348.50
|
8.00
|
14.00
|
370.50
|
12.00
|
15.00
|
400.40*
|
* This rate has been increased to the level of the Award
Review Classification Rate.
(ii) Junior
Employees -
|
|
Percentage of
General Assistant Rate
|
|
|
|
|
At 16 years of age
|
70
|
|
At 17 years of age
|
85
|
|
At 18 years of age and over, the appropriate adult rate of
pay
|
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
4(i) (e)
|
Fork Lift Operation
Allowance
|
7.60 per week
|
|
2
|
5
|
Meal Allowance
|
3.50
|
|
3
|
21(ii)
|
First - Aid
|
1.54 per week
|
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.