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
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20 October 2000
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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
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time and one half.
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Sunday work
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double time.
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Holiday work
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double time and one-half.
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(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
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1 day's pay.
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4 months' completed service
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2 days' pay.
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6 months' completed service
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3 days' pay.
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8 months' completed service
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4 days' pay.
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10 months' completed service
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5 days' pay.
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(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:
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.