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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ANIMAL WELFARE, GENERAL (STATE) AWARD
  
Date02/23/2001
Volume322
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.B9691
CategoryAward
Award Code 011  
Date Posted06/18/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(011)

SERIAL B9691

 

ANIMAL WELFARE, GENERAL (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Nos. IRC 3139 and 3140  of 1999 and 1405 and 3683 of 2000)

 

Commissioner Tabbaa

20 October 2000

 

 

REVIEWED AWARD

 

PART A

 

1.         Arrangement

 

PART A

 

Clause No.      Subject Matter

 

 1.        Arrangement

 2.        Hours

 3.        Rostered Days Off Duty

 4.        Definitions

 5.        Wages

 6.        Overtime and Meal Allowances

 7.        Saturday, Sunday and Holiday Work

 8.        Holidays

 9.        Annual Leave

10.       Long Service Leave

11.       Sick Leave

12.       Personal Carer's Leave

13.       Mixed Functions

14.       Time and Payment of Wages

15.       Contract of Employment

16.       Part-time Employees

17.       Casual Employees

18.       General Conditions

19.       Travelling Time and Expenses

20.       Call Back

21.       Locomotion

22.       Bereavement Leave

23.       Attendance at Repatriation Centres

24.       Jury Service

25.       Disputes Settling Procedure

26.       Redundancy

27.       Superannuation

28.       Anti-Discrimination

29.       Traineeships

30.       Savings

31.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

PART C

 

TRAINEE MONETARY RATES

 

Table 1 - Industry/Skill Level A

Table 2 - Industry/Skill Level B

Table 3 - Industry/Skill Level C

Table 4 - School Based Traineeship

 

Appendix A - Industry / Skill Levels

Appendix B - Animal Welfare Non-Institutional (State) Industrial Committee

 

2.  Hours

 

(i)         The ordinary hours of work shall not exceed an average of 38 per week, subject to clause 3, Rostered Days Off Duty, which shall be worked as follows:

 

(a)        Day Workers - Between the hours of 7.30 a.m. and 8.00 p.m., Monday to Friday, inclusive, and one shift of not more than four hours between the hours of 7.30 a.m. and 1.00 p.m. Saturday. The above hours shall be worked on each day in one shift of no more than eight hours' duration, except Saturdays; provided that on each day, Monday to Saturday, inclusive, the starting time may commence 30 minutes earlier than that provided herein, or the ceasing time may be extended by 30 minutes, or this 30 minutes may be divided between the starting and ceasing time if mutually agreed to between the employer and the employee.

 

(b)        Shift Workers - In one shift of eight hours on each of five days, Monday to Sunday, inclusive, between the hours of 7.30 a.m. and 11.30 p.m.

 

(c)        Broken Shift Workers - Between the hours of 7.30 a.m. and 8.00 p.m., Monday to Friday, inclusive, to be worked in two shifts daily, subject to the provisions of paragraph (a) of this subclause with respect to alterations in starting and ceasing times.

 

(ii)        Broken Shift Workers Allowance - Employees may be called upon to work broken shifts as provided in paragraph (c) of subclause (i) of this clause, if paid the following additional allowances:

 

(a)        For each broken shift so worked : A shift allowance at the rate set out in Item 1 of Table 2 -: Other Rates and Allowances, of Part B, Monetary Rates.

 

(b)        Excess fares allowance : At the rate set out in Item 2 of Table 2.

 

(iii)       Seven-day shift workers shall be allowed 20 minutes for a crib break in each shift, to be counted as time worked, after four hours of work.

 

(iv)       Day workers shall be allowed a meal break between the fourth and fifth hour of work of not less than half an hour or more than one hour for a meal on each day of the week. The period during which such meal shall be taken, when once fixed, shall not be altered without seven days' notice being given by the employer to employees.

 

(v)        Employees called upon to work during the ordinary meal break or crib break shall be paid overtime rates for all such time worked; provided that in case of emergency, where it is necessary to work up to 15 minutes into a meal break or crib break, this provision shall not apply.

 

(vi)       In the event of any day worker being allowed a period of less than 30 minutes for the purpose of having a meal, no deduction shall be made for time so spent by the employee in having a meal, except when the shortened meal break is taken at the request of the employee.

 

(vii)      The rostered ordinary hours of work shall be notified to weekly and part-time employees by the employer displaying the roster in a conspicuous and accessible place on the premises where the employee is employed. Unless mutually agreed upon, such hours, once notified, shall not be changed without the payment of overtime unless the employee has been given one week's notice of such change. Provided that casuals are employed for a minimum of three hours each start, a casual employee's hours may be changed at any time.

 

3.  Rostered Days Off Duty

 

Where, by mutual agreement between an employer and the employees, a 38-hour week is to be implemented on the basis of a rostered day off in each cycle of 20 working days, the following provisions shall apply:

 

(i)         Rostering -

 

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

 

(b)        Except as provided by paragraph (c) of this subclause, an employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to be rostered off duty.

 

(c)        The employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to be rostered off duty for another day in the case of a breakdown of machinery or to meet the requirements of the business.

 

(d)        An individual employee, with the agreement of the employer, may substitute the day the employee is rostered off duty for another day.

 

(e)        In the event that an employee is rostered off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day.

 

(f)         Rostered days off may accumulate and be taken off in blocks of leave scheduled by agreement between the employer and the employee.

 

(ii)        Payment of Rostered Day Off - For every ordinary hour paid for, payment to the employee of one-twentieth (5 per cent) of the employee's hourly rate (weekly rate divided by 38) will be withheld by the employer and then paid in the pay week in which the employee's rostered day off is taken.

 

(iii)       Rostered Day Off Falling on a Public Holiday - In the event of an employee's rostered day off duty falling on a public holiday, the employee and the company shall agree to an alternative day off as a substitute, provided that, in the absence of agreement, the substituted day shall be determined by the employer.

 

(iv)       Work on Rostered Day Off Duty - Any employees required to work on their rostered days off shall be paid in accordance with the provisions of clause 6, Overtime and Meal Allowances.

 

(v)        Sick Leave and Rostered Days Off - Employees are not eligible for sick leave in respect of absences on rostered days off, as such absences are outside their ordinary hours of duty.

 

4.  Definitions

 

(i)         "Weekly Employee" means an employee engaged and paid by the week.

(ii)        "Part-time Employee" means an employee engaged by the week but who is required to work a constant number of ordinary hours less than 38 per week.

 

(iii)       "Casual Employee" means an employee engaged and paid as such to work less than 38 ordinary hours each week.

 

(iv)       "Union" means The Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch.

 

(v)        "Animal Nurse" means an employee who holds a diploma of a registered Animal Nursing Auxiliary Association or an equivalent diploma. For the purposes of this subclause, a certificate in general nursing of the Nurses' Registration Board of New South Wales shall be deemed to be an equivalent diploma if, after one year's transitional period of work, an employee holding such a certificate is, in the employer's opinion, sufficiently experienced in animal nursing practices.

 

(vi)       "Animal Attendant" means an employee with three years' experience in the industry and who is employed in connection with animal welfare, or with less service if, in the opinion of the employer, the employee is sufficiently experienced to be so classified and who may be able to give injections and to take temperatures of animals.

 

(vii)      "Seven-day Shift Worker" means an employee who is regularly rostered to work ordinary hours of work on a Sunday or public holiday.

 

(viii)     "Day" means the period from midnight to midnight.

 

(ix)       "Afternoon shift" means any shift finishing after 7.30 p.m. and at or before 11.30 p.m.

 

5.  Wages

 

(i)         Adult Employees - Subject to the provisions of subclause (ii) of this clause, the minimum rate of pay shall be as set out in Table 1 - Wages, of Part B, Monetary Rates, for the classifications therein.

 

(ii)        Leading Hands - A leading hand so appointed by the employer shall be paid an amount of not less than the rate set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the minimum rate of pay.

 

(iii)       Junior Employees - Junior Animal Nurses and Junior Animal Attendants shall be paid the appropriate adult rate of pay; provided that the minimum rates for juniors otherwise employed shall be the percentages of the appropriate adult rate for "all others" as set out in the said Table 1, calculated to the nearest 10 cents, any broken part of 10 cents in the result less than five cents to be disregarded.

 

(iv)       First-aid - Where an employee is a qualified first-aid attendant and is employed to carry out the duties of such, the employee shall be paid an additional amount at the rate set out in Item 4 of Table 2.

 

(v)        Shift Allowances - Shift workers, whilst working ordinary hours on afternoon shift, shall be paid an additional loading of 15 per cent.

 

(vi)       The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

 

(i)         any equivalent overaward payments; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

6.  Overtime and Meal Allowances

 

(i)         For all work done outside ordinary hours, the rate of pay shall be time and one-half for the first two hours and double time thereafter. In computing overtime, each day's work shall stand alone.  Overtime worked on a Sunday shall be paid for at the rate of double time, with a minimum payment of three hours.

 

(ii)        Where an employee is required to work overtime in excess of one and one-half hours on any day, the employee shall be paid a meal allowance at the rate set out in Item 5 of Table 2 : Other Rates and Allowances, of Part B, Monetary Rates, unless notice has been given to such employee on or before the termination of the previous day's work.

 

(iii)       An employee required to work four hours or more overtime before or after the completion of a normal shift shall be paid a further allowance at the rate set out in the said Item 5 for each four hours of overtime worked.

 

(iv)       If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime, the employee shall be paid at the rate set out in Item 5 for the first and subsequent meals provided.

 

7.  Saturday, Sunday and Holiday Work

 

(i)         Where a seven-day shift worker is required to work ordinary hours on a Saturday, Sunday or a holiday, payment for such hours shall be made as follows:

 

Saturday work

time and one half.

Sunday work

double time.

Holiday work

double time and one-half.

 

(ii)        Where a day worker is required to work ordinary hours on a Saturday morning, the appropriate additional amount as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid as a fixed penalty.

 

8.  Holidays

 

(i)         The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day and Boxing Day are observed, and all other days proclaimed as public holidays throughout the State, and the picnic day of The Liquor, Hospitality and Miscellaneous Workers' Union , 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 to notify the Secretary of the Union in writing within 30 days of the taking of the flexible Union Picnic Day), shall be holidays and employees not required to work on a holiday shall be paid for the holidays, even though not worked, at the ordinary rates of pay prescribed by clause 5, Wages. An employee required to work on a holiday shall be paid for such work at the rate of double time and one-half, with a minimum payment of four hours at such rate.

 

(ii)        Where an employee is absent from employment on the working day before or the working day after a public holiday without reasonable excuse, or without the consent of the employer, the employee shall not be entitled to payment for such holiday; provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit payment only for one holiday in such group of holidays.

 

(iii)       Seven-day shift workers rostered off on a holiday shall be paid an additional day's pay for each such holiday rostered off duty.

 

9.  Annual Leave

 

(i)         Other than seven-day shift workers : See Annual Holidays Act 1944.

 

(ii)        Seven-Day Shift Workers - In addition to the provisions of the said Act, seven-day shift workers shall be allowed one week's annual leave after each twelve months' service. Such employees shall be entitled to be paid a proportionate amount of such additional one week's annual leave in respect of any service as a seven-day shift worker.

 

(iii)       Payment During Annual Leave - All employees shall receive payment for an annual leave period calculated at their ordinary rate of pay in accordance with the provisions of the said Act, and shall, in addition, be paid shift allowances, Saturday and Sunday penalty payments relating to ordinary time the employee would have worked if the employee had not been on annual holidays, or a loading of 17.5 per cent, whichever is the greater. Such payment shall not include any penalty payment in respect of a public holiday occurring during the annual holiday which is a public holiday on which the employee would have worked an ordinary shift.

 

10.  Long Service Leave

 

See Long Service Leave Act 1955.

 

11.  Sick Leave

 

(i)         An employee who is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct during the first year of employment, shall be entitled to sick leave on the following bases:

 

(a)       After the first 3 months of

           continuous service

 

1 day's pay.

             4 months' completed service

2 days' pay.

 

             6 months' completed service

3 days' pay.

 

             8 months' completed service

4 days' pay.

 

             10 months' completed service

5 days' pay.

 

 

(b)        Any employee who completes the service as outlined in paragraph (a) of this subclause shall receive paid sick leave for any unpaid sick leave taken prior to the respective qualifying period.

 

(c)        Employees shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to payment under the Workers' Compensation Act 1987.

 

(d)        Where possible, the employee shall, as soon as reasonably practicable, inform the employer of his/her inability to attend for duty and, as far as possible within two hours of the commencement of such absence, state the nature of the injury or illness and the estimated duration of the absence.

 

(e)        The employee shall furnish to the employer such evidence as the employer may desire that the employee was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed. Provided, however, that this shall not apply to two single day absences in any year, for which statutory declarations shall be sufficient.

 

(f)         Subject to subclause (iii) of this clause, the employee shall not be entitled (whether in the employ of any one employer or several employers) to be paid sick leave in excess of five days in the first year of employment, eight days in the second year of employment and 10 days in the third and subsequent years of employment.

 

(g)        Subject to paragraphs (e) and (f) of this subclause, provided that an employee has been employed for three months, any sick leave taken during that time shall be paid for at the end of the said three months.

 

(ii)        Definition of Week -

 

For the purposes of this clause, "week" means:

 

(a)        in the case of part-time employees : the number of ordinary weekly hours regularly worked by such employees; or

 

(b)        in the case of other employees : 38 hours.

 

(iii)       Cumulative Sick Leave - The rights under this clause shall accumulate from year to year, so that any part of the week which has not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in any subsequent year of employment.

 

(iv)       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).

 

(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.

 

(v)        No employee shall be eligible for sick leave on rostered days off duty arising from the introduction of a 38-hour week.

 

12.  Personal Carer's Leave

 

(1)        Use of Sick Leave -

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 11, Sick Leave of this Award as varied, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a defacto spouse, who in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or defacto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the defacto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(2)        Unpaid Leave for Family Purposes -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (i) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holiday’s Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any 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 inclusive of any shutdown period provided for elsewhere under this award.

 

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

 

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

 

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

 

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

 

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

 

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

 

(5)        Make-Up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b)        An employee may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off -

 

(a)        An employee on shift work may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

13.  Mixed Functions

 

An employee engaged for more than two hours in any day or shift on duties carrying a higher rate than the ordinary classification shall be paid the higher rate for such day or shift; if engaged for two hours or less in any one day or shift, the employee shall be paid the higher rate for the time so worked. Any employee who is required to perform work temporarily for which a lower rate is paid shall not suffer any reduction in wages whilst so employed; provided that any work of less than one week's duration shall be deemed to be temporary.

 

 

14.  Time and Payment of Wages

 

(i)         All employees shall be paid during ordinary working hours:

 

(a)        on Thursday of each week; or

 

(b)        on each Thursday fortnight where mutually agreed upon.

 

(ii)        Overtime worked on the last day of the pay week may be paid with the ordinary pay for the following pay week.

 

(iii)       Upon termination of the employment, wages due to an employee shall be paid on the last day of work as a result of the termination, or forwarded by post on the next working day.

 

(iv)       Any employee kept waiting for wages on pay day for more than a quarter of an hour after the usual time for ceasing work shall be paid at overtime rates after that quarter of an hour, with a minimum of a quarter of an hour.

 

(v)        Where an employer and the majority of employees agree, wages may be paid by cheque or bank deposit.

 

In any event, after three months' notice from the employer to the employees the employer may, at the employer's discretion, make payment by cheque or direct bank deposit.

 

15.  Contract of Employment

 

(i)         The engagement of a weekly or part-time employee may be terminated only by one week's notice or by the payment or forfeiture of one week's wages in lieu thereof; provided that the employer may dismiss an employee at any time for misconduct or wilful disobedience and shall be liable only for payment up to the time of dismissal; provided further that, in the event of any occurrence outside the employer's control necessitating a stoppage of work, no notice shall be required and all employees shall be entitled to payment in full up to the termination of the day on which the stoppage occurs. Any employee attending for duty, and who has not been notified beforehand, shall be paid a minimum of four hours' pay.

 

(ii)        Upon request by an employee, the employer shall give an employee a signed statement of service upon termination. Such statement shall certify the period of commencing and ceasing employment and the class of work upon which the employee is employed.

 

(iii)       Employees are to perform all work within their skill and competence, including work such as clerical and cleaning, which is incidental or peripheral to their main tasks or functions.

 

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

 

16.  Part-Time Employees

 

(i)         Part-time employees shall be engaged by the week for a constant number of ordinary hours each week less than the ordinary number of hours prescribed for weekly employees, but not less than 15 ordinary hours per week.

 

(ii)        Such employees shall be paid at the rate of one thirty-eighth of the weekly rate of pay for the classification in which they are employed.  Provided that employees engaged as part-time as at 8 September, 2000 shall continue to receive the rate for the relevant position and shall be entitled to wage increases equivalent to 25% of future State Wage Case Adjustments until such time as the rates coincide or the new part-time rate (no loading) exceeds the rate, and in which case it shall apply.

 

(iii)       A minimum payment of three hours shall be made for each start.

 

(iv)       Part-time employees shall be entitled to the benefits of all the provisions of the award which apply to weekly employees.

 

(v)        The hourly rate of pay for part-time employees shall be calculated to the nearest whole cent, any fraction less than half a cent in the result to be disregarded.

 

17.  Casual Employees

 

Casual employees may be employed under the terms of this award, subject to the following conditions:

 

(i)         For the definition of a casual employee, see subclause (iii) of clause 4, Definitions.

 

(ii)        A casual employee for working ordinary time shall be paid, per hour, one thirty-eighth of the weekly wage prescribed by this award for the class of work performed, plus 15 per cent.

 

(iii)       The ordinary hours of work of casual employees shall be subject to the limitations as to weekly employees expressed in this award.

 

(iv)       A minimum payment of three hours shall be made for each start.

 

(v)        The hourly rate of pay for casual employees shall be calculated to the nearest whole cent, any fraction less than a half cent in the result to be disregarded.

(vi)       In addition to the ordinary hourly rate prescribed in subclause (ii) of this clause,  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 14, Time and Payment of Wages, provided that that time shall be no later than on a weekly or fortnightly basis (dependent upon the employer's pay period).

 

(vii)      Provided that the changes to this clause shall not adversely affect employees employed as casuals at 12 March 1993.

 

18.  General Conditions

 

(i)         A sufficient supply of boiling water shall be provided by the employer at meal hours for all employees.

 

(ii)        A staff room, suitable for meal purposes, shall be provided by the employer.

 

(iii)       Suitable lavatory accommodation and individual lockable lockers to ensure protection for clothes left therein shall be provided for all employees by the employer.

 

(iv)       Hot and cold showers for washing purposes shall be provided.

 

(v)        Employees shall be provided with overalls or a suitable uniform and, when necessary, with gumboots and gloves.

 

(vi)       All employees shall be allowed five minutes prior to meal times and five minutes prior to ceasing time for the purpose of washing.

 

(vii)      Protective Clothing - Where an employee is required to work in inclement weather, the employee shall be supplied by the employer with suitable wet weather clothing, including a waterproof coat or cape, waterproof hat, trousers and boots. Such clothing shall remain the property of the employer.

 

(viii)     Where it is necessary for an employee to attend Court on the employer's or employer's client's behalf in connection with any matter arising out of or in connection with the employee's duties, the time so occupied shall count as time worked.

 

19.  Travelling Time and Expenses

 

(i)         Where an employee is sent to work from an employer's recognised place of business, the employer shall pay all travelling time from such place of business to the job and, if the employee is required to return the same day to the employer's place of business, the employer shall pay travelling time to the place of business. An employee sent for duty to a place other than the regular place of duty, or required by the employer to attend a court or any inquiry in connection with employment, shall be paid travelling expenses.

 

(ii)        Where an employee is required to cease or to commence duty at a time when the usual means of conveyance are not available the employee shall, at the employer's expense, be conveyed to a point nearest the employee's home or place of duty to which the employee ordinarily would proceed during ordinary hours by public conveyance.

 

20.  Call Back

 

(i)         An employee required to attend the employer's premises for any reason other than carrying out rostered duties after leaving the place of employment (whether notified before or after leaving the place of employment) shall be paid a minimum of four hours' pay at the appropriate rate for each such attendance; provided that this clause shall not apply where a period of duty is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

 

21.  Locomotion

 

(i)         Where an employee is required by the employer to use a motor vehicle (including a motor cycle), such vehicle shall be supplied and maintained by the employer, but where an employee, by arrangement with the employer, provides a vehicle the employee shall, in addition to all payments otherwise due to the employee, be paid at the rate set out in Item 7 of Table 2 : Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        The running charges specified in this clause shall be payable for the actual kilometres travelled by the employee's vehicle each week in connection with employment, which shall include kilometres travelled to and from the place where the vehicle is customarily housed.

 

(iii)       Where an employee supplies a bicycle for use in the employer's business, the employee shall be paid an amount set out in Item 8 of the said Table 2 for each shift worked.

 

22.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed by the said subclause (iii) of this clause. Where the death of a person as described by subclause (iii) occurs outside Australia, the employee shall be entitled to up to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 12, Personal Carer’s Leave provided that, for the purpose of bereavement leave, the employee need not have been responsible for the are of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) (5) and (6) of the said clause 12. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

23.  Attendance at Repatriation Centres

 

(i)         Weekly employees, being ex-service personnel, shall be allowed as time worked lost time incurred whilst attending repatriation centres for medical examination and/or treatment, provided that :

 

(a)        such lost time does not exceed six hours on each occasion and a maximum of 30 hours per annum;

 

(b)        the employee produces evidence satisfactory to the employer that the employee is so required to, and subsequently does, attend a repatriation centre.

 

24.  Jury Service

 

(i)         An employee shall be allowed leave of absence during any period when required to attend for jury service.

 

(ii)        During such leave of absence, an employee shall be paid the difference between jury service fees received and the employee's normal rate of pay as if working.

 

(iii)       An employee shall be required to produce to the employer proof of requirement to attend and attendance on jury service, proof of the amount of jury service fees received and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.

 

25.  Disputes Settling Procedure

 

Subject to the Industrial Relations Act 1996, grievances or disputes shall be dealt with in the following manner:

 

(a)        The employee(s) is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought. This meeting shall take place within one working day, where possible; if not, within two working days of the issue arising (weekends and holidays excepted).

 

(b)        If agreement is not reached, the matter shall then be referred by the employer to a higher authority (where this exists) no later than one working day after the period stated in subclause (a) of this clause (weekends and holidays excepted).  At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons (in writing or otherwise) for not implementing any proposed remedy.

 

(c)        While the foregoing procedure is being followed, normal work shall continue.

 

(d)        If the matter is still not settled within a reasonable period of time, it may be referred/notified to the Industrial Relations Commission of New South Wales for settlement by either party.

 

(e)        The employer may be represented by an industrial organisation of employers and the employee(s) is entitled to be represented by The Liquor, Hospitality and Miscellaneous Workers' Union , New South Wales Branch, an industrial organisation of employees, for the purposes of each step of the procedure.

 

26.  Redundancy

 

(i)         Application -

 

(a)        This clause shall apply in respect of full time and part time employees employed in the classifications specified by the parent award.

 

(b)        This award shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

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

 

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

 

(ii)        Introduction To Change -

 

(a)        Employer's duty to notify -

 

1.         Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

2.         'Significant effects' include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer or employees to other work or locations and the restructuring of jobs.

 

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

 

(b)        Employers Duty To Discuss Change -

 

1.         The employers shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) above, Employers duty to notify, of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

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

 

3.         For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)       Redundancy

 

(a)        Discussions Before Terminations -

 

1.         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

2.         The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

3.         For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv)       Termination of Employment -

 

(a)        Notice For Changes In Production, Program, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'production', 'program', 'organisation' or 'structure' in accordance with subclause (ii)(a) of this clause.

 

1.         In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

2.         In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

3.         Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice For Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'technology' in accordance with subclause (ii)(a) of this clause:

 

1.         In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

2.         Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

3.         The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(c)        Time Off During The Notice Period

 

1.         During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five days, for the purposes of seeking other employment.

 

2.         If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)        Employee Leaving During The Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e)        Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(f)         Notice To Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(g)        Centrelink Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an 'Employment Separation Certificate' in the form required by Centrelink.

 

(h)        Transfer To Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (1) of subclause (ii), Introduction of Change, of this clause, the employee shall be entitled to the same period  of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

(v)        Severance Pay -

 

(a)        Where an employee is to be terminated pursuant to subparagraph (iv) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

1.         If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of service

Under 45 years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

2.         Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

Years of service

45 years of Age and Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

3.         'Weeks Pay' means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with this Award:

 

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

 

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subparagraph (a) above will have on the employer.

 

(c)        Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subparagraph (a) above if the employer obtains acceptable alternative employment for an employee.

 

27.  Superannuation

 

Superannuation Legislation -

 

(a)        The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act, 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s.124 of the Industrial Relations Act 1996.  (This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(b)        Subject to the requirements of this legislation, superannuation contributions may be made to:

 

(i)         Australian Retirement Fund (ARF);

 

(ii)        Australian Superannuation Savings Employment Trust (ASSET); or

 

(iii)       Such other funds that comply with the requirements of the legislation set out in paragraph (a) of this clause.

 

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

 

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

 

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

 

29.  Traineeships

 

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

 

(ii)        Subject to sub-clause (iii) below, this clause shall apply to persons who are undertaking a traineeship (as defined) under this award.

 

(iii)       The terms and conditions of this award shall apply, except where inconsistent with this clause.

 

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

 

(v)        This clause does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at the date this award was varied to include this clause, or in an award that binds the employer.

 

(vi)       Definitions -

 

(a)        "Approved Training" means training undertaken (both on or off-the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the relevant NSW Training Authority.  The training will be approved and lead to qualifications as set out in paragraph (e) of subclause (vii), Training Conditions.

 

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

 

(c)        "Traineeship" means a system of training which has been approved by the relevant NSW Training Authority, or which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board or major training enterprise and endorsed by the National Training Framework Committee, which leads to an Australian Qualifications Framework qualification specified by that National Training Package, and includes full time traineeships and part-time traineeships including school-based traineeships.

 

(d)        "Traineeship Agreement" means an agreement made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with the relevant NSW Training Authority or under the provisions of the appropriate State legislation.  A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

 

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

 

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

 

(g)        "School-Based Trainee" is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

 

(h)        "Appropriate State Legislation" means the Industrial and Commercial Training Act 1989 or any successive legislation.

 

(i)         "Year 10", for the purposes of this award, means that any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

 

(j)         "Relevant NSW Training Authority" means the NSW Department of Education and Training or its successor.

 

(k)        "Australian Qualifications Framework (AQF)" means the national framework of qualifications as agreed by the Ministerial Council for Employment, Education, Training and Youth Affairs.

 

(vii)      Training Conditions -

 

(a)        The trainee shall attend an approved training course or training program prescribed in the traineeship agreement or as notified to the trainee by the relevant NSW Training Authority in accredited and relevant traineeship schemes.

 

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

 

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

 

(d)        The employer agrees that the overall training program will be monitored by officers of the relevant NSW Training Authority and training records or work books may be utilised as part of this monitoring process.

 

(e)        Training shall be directed at:

 

(1)        the achievement of key competencies required for successful participation in the workplace (where these have not been achieved, e.g., literacy, numeracy, problem solving, team work, using technology) and as are proposed to be included in the Australian Qualifications Framework Level 1 qualification.

 

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

 

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

 

(viii)     Employment Conditions -

 

(a)        A trainee shall be engaged as a full-time employee for a maximum of one year’s duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month, which may be reduced at the discretion of the employer.  By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.  Provided that a trainee may be employed part-time pursuant to sub-clause (x) of this clause.

 

Where the trainee completes the qualification, in the Traineeship Agreement, earlier than the time specified in the Traineeship Agreement then the traineeship may be concluded by mutual agreement.  Unless the relevant NSW Training Authority otherwise directs, the maximum duration for a traineeship shall be thirty-six months.

 

(b)        An employer shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned and to the relevant NSW Training Authority in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989.

 

An employer who chooses not to continue the employment of trainee upon the completion of the traineeship shall notify, in writing, the relevant NSW Training Authority of their decision.

 

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

 

(d)        Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant award or any other legislative entitlements.

 

(e)        (1)         The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.

 

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

 

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

 

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

 

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

 

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

 

(ix)       Wages -

 

(a)        (1)         The weekly wages payable to trainees are as provided in Table 1 - Industry/Skill Level A,  Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School Based Traineeships of Part C, Trainee Monetary Rates.

 

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

 

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

 

(b)        Appendix A sets out the industry/skill level of an approved traineeship.  The industry skill levels contained in Appendix A are, prima facie, the appropriate levels but are not determinative of the actual skill levels (i.e., Skill Levels A, B or C) that may be contained in a traineeship scheme.  The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made by the relevant NSW Training Authority, based on the following criteria:

 

(1)        any agreement of the parties;

 

(2)        the nature of the industry;

 

(3)        the total training plan;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(4)        have effect on an anniversary date, being January 1 in each year;

 

(5)        no increase in wage rate, as a result of an increase in the number of years "out of school" experienced by a trainee, shall be payable before 1 January 1997, except where such an entitlement to payment, as a result of an increase in the number of years "out of school" has become due prior to 3 June 1996.

 

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

 

(x)        Part-Time Traineeships - This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full‑time trainee.

 

(a)        The wage rate shall be pro rata the full-time rates based on variation in the amount of training and or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula.

 

Full‑time wage rate  x  trainees hours ‑ average weekly training time

30.4*

 

*NOTE:           30.4 in the above formula represents 38 ordinary full time hours less the average training time for full time trainees (ie 20%). A pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

(b)        "Full time wage rate" means the appropriate rate as set out in Part C, Table 1‑ Industry/Skill Level A, Table 2 ‑ Industry/Skill Level B, Table 3 ‑ Industry/Skill Level C and Table 4 ‑ School Based Traineeships of Part C, Trainee Monetary Rates.

 

(c)        "Trainees hours" shall be the hours worked per week including the time spent in approved vocational training. For the purposes of this definition the time spent in approved vocational training may be taken as an average for that particular year of the traineeship.

 

(d)        "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:

 

 

7.6 x 12

length of the traineeship in months

 

NOTE 1:          7.6 in the above formula represents the average weekly training time for a full‑time trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary time hours. For example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.

 

NOTE 2:          The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would normally result in the equivalent of a full day’s on the job work per week.

 

(e)        A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full‑time trainee. All the provisions of this award shall apply to part time trainees except as specified in this clause.

 

(f)         A part-time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.

 

(g)        The minimum daily engagement periods applying to part-time employees specified in the award shall also be applicable to part time trainees.

 

Where there is no provision for a minimum daily engagement period in the award applying to part time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

 

(1)        a 2 hour start is sought by the employee to accommodate the employee's personal circumstances. or

 

(2)        the place of work is within a distance of 5 km from the employee's place of residence.

 

(h)        School‑based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.

 

(i)         For the purposes of this award, a school‑based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

 

Example of the calculation for the wage rate for a part time traineeship

 

A school student commences a traineeship in Year 11. The ordinary hours of work in the relevant award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.

 

''Average weekly training time'' is therefore 7.6 x 12/24 ‑ 3.8 hours.

 

"Trainee hours'' totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1 ‑ 1/2 hours on the job training plus 2‑1/2 hours off the job approved training at school and at TAFE.

 

So the wage rate in Year 11 is:

 

$170 x 15 ‑ 3.8 = $62.63 plus any applicable penalty rates under the relevant award.

   30.4

 

The wage rate varies when the student completes Year 11 and passes the anniversary date of 1 January the following year to begin Year 12 and/or if ' trainee hours" changes.

 

 

30.  Savings

 

Any existing casual employee at 12 March 1993 receiving a 20 per cent loading, shall not have this loading reduced due to the changes made to subclause (ii) of clause 17, Casual Employees.

 

31.  Area, Incidence and Duration

 

This award rescinds and replaces the Animal Welfare, General (State) Award published 26 August 1994 (281 I.G. 677) as varied, the Animal Welfare, General (State) Wages Adjustment and Allowances Award published 8 November 1996 (295 I.G. 755) as varied and the Animal Welfare, General (State) Superannuation Award published 6 March 1992 (268 I.G. 474).

 

It shall apply to all persons employed in the classifications set out in clause 5, Wages, within the jurisdiction of the Animal Welfare, Non-Institutional (State) Industrial Committee.

 

It shall take effect from the beginning of the first full pay period to commence on or after 20 October 2000 and shall remain in force thereafter for a period of 12 months.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification

Rate Per Week

$

Animal Nurse, as defined

402.80

General Nurse, in transition

400.40

Animal Attendant, as defined

400.40

Food Preparer or Kennel Cleaner

400.40

All others

400.40

 

 

Junior Employees :

Percentage of appropriate

 

"all others" adult rate

 

Per week

 

%

Under 17 years of age

70

At 17 years of age

80

At 18 years of age

90

At 19 years of age

100

 

Calculated to the nearest 10 cents, any broken part of 10 cents in the result less than five cents to be disregarded.

 

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause

No.

Brief Description

Amount

$

1

2(ii)(a)

Broken  Shift Allowance

             8.95 per shift

2

2(ii)(b)

Excess Fares Allowance

             7.70 per week

3

5(ii)

Leading Hands

             20.90 per week

4

5(iv)

First-aid

             10.70 per week

5

6(ii),(iii), (iv)

Overtime and Meal Allowances

 

6.75

6

7(ii)

Saturday morning work

Adults

Juniors

 

11.75

8.45

7

21(i)

Locomotion Allowance

 

Cubic centimetres of

motor vehicle engine :

Up to and including

  2,000 cc

Over 2,000 cc

Standing charge         Running charge

per week                       cents/km

     $     

 

 

202.95                            22.40

224.00                            25.05

8

21(iii)

Bicycle Allowance

             3.65 per shift

 

 

PART C

 

TRAINEE MONETARY RATES

 

Table 1‑ Industry/Skill Level A

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level A:

 

 

Highest Year of Schooling Completed

 

 

Year 10

$

Year 11

$

Year 12

$

School Leaver

142.00 (50%)*

165.00 (33%)

176.00 (33%)

198.00 (25%)

241.00

plus 1 year out of school

198.00

241.00

281.00

plus 2 years out of school

241.00

281.00

327.00

plus 3 years out of school

281.00

327.00

374.00

plus 4 years out of school

327.00

374.00

 

plus 5 years out of school

374.00

 

 

 

 

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

 

Table 2 - Industry/Skill Level B

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level B:

 

 

Highest Year of Schooling Completed

 

 

Year 10

$

Year 11

$

Year 12

$

School Leaver

142.00 (50%)

165.00 (33%)

176.00 (33%)

198.00 (25%)

231.00

plus 1 year out of school

198.00

231.00

266.00

plus 2 years out of school

231.00

266.00

312.00

plus 3 years out of school

266.00

312.00

356.00

plus 4 years out of school

312.00

356.00

 

plus 5 years out of school

356.00

 

 

 

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

 

Table 3 ‑ Industry/Skill Level C

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level C:

 

 

Highest Year of Schooling Completed

 

 

Year 10

$

Year 11

$

Year 12

$

School Leaver

142.00 (50%)*

165.00 (33%)

176.00 (33%)

198.00 (25%)

221.00

plus 1 year out of school

198.00

221.00

248.00

plus 2 years out of school

221.00

248.00

278.00

plus 3 years out of school

248.00

278.00

311.00

plus 4 years out of school

278.00

311.00

 

plus 5 years out of school

311.00

 

 

 

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

 

Table 4 ‑ School Based Traineeships

 

 

 

Year of Schooling

 

 

Year 11

$

Year 12

$

School based traineeships skill levels A, B and C.

181.00*

198.00*

 

*          Assumes that the average proportion of time spent in structured training is 20 per cent.

 

Appendix A - Industry/Skill Levels

 

Industry/Skill Level A - Office Clerical

 

Commonwealth Public Sector Clerical

State Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

 

Industry/Skill Level B - Wholesale and Retail

 

Recreation and Personal Services

Transport and Storage

Manufacturing

 

Industry/Skill Level C - Community Services and Health

 

Pastoral

Environmental

Wholesale and Retail

 

 

APPENDIX B

 

ANIMAL WELFARE, NON-INSTITUTIONAL (STATE) INDUSTRIAL COMMITTEE

 

Industries and Callings

 

All employees, other than tradespersons and veterinary surgeons, employed in or in connection with veterinary hospitals and any establishment or business which accommodates, handles, treats, or otherwise caters for the welfare of animals and household pets in the State, excluding the County of Yancowinna;

 

excepting -

 

Employees employed as grooms, stablehands and general hands by horse trainers, horse owners and horse breeders;

 

Employees at rural research establishments conducted by the Department of Agriculture and the Department of Education;

 

Persons engaged in the management, rearing or grazing of horses, cattle, sheep or other livestock;

 

and excepting also employees within the jurisdiction of the following industrial committees:

 

Zoological Parks Board Employees;

University Employees, &c. (State);

Animal Food Makers, &c. (State);

Carters, &c. (State);

Clerks (State).

 

 

 

I. TABBAA, Commissioner

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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