PYROTECHNICS
&c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 6018 of
1999 and 1760 of 2000)
|
Commissioner Tabbaa
|
18 October 2000
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Hours
4. Implementation
of 38-hour week
5. Rostered Days
Off Duty
6. Overtime
7. Sundays and
Public Holidays
8. Wages
9. Allowances and
Incremental Rates
10. Rest Period
11. Conditions of
Employment
12. General
Conditions
13. Anti-Discrimination
14. Time and
Payment Records
15. Mixed Functions
16. Annual leave
17. Annual Leave
Loading
18. Sick Leave
19. Personal/Carer's
Leave
20. Bereavement
Leave
21. Long Service
Leave
22. Grievance
Procedure
23. Consultation
24. Enterprise
Arrangements
25. Redundancy
26. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Adult Wages
Table 2 - Other Rates and
Allowances
PART A
1. Title
This award shall be known as the Pyrotechnics &c.
(State) Award.
2. Definitions
(i) "Pyrotechnician"
means an employee with the knowledge and experience required to design,
formulate and manufacture pyrotechnics.
(ii) "Weekly
Employee" means an employee employed by the week and paid by the week.
(iii) "Union"
means The Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
(iv) "Casual
Employee" means an employee employed by the day and paid by the week,
provided that upon the employees request the employee may be paid daily.
(v) "Part-time
Employee" means a weekly employee who works a constant number of ordinary
hours less than the ordinary number of hours prescribed for weekly employees in
subclause (ii) of this clause.
3. Hours
(i) The
ordinary working hours shall not without payment of overtime exceed an average
of 38 hours per week to be worked no more than eight hours per day and shall be
worked in five days, Monday to Friday, inclusive, between the hours of 6.30
a.m. and 7.00 p.m.
(ii) The
ordinary hours of work shall be continuous except for a break for a meal.
(iii) The
ordinary hours of work shall be notified in writing to employees in a
conspicuous place at the employee's place of work. Such hours, when once fixed, shall not be changed without payment
of overtime, unless one week's clear notice to the employee is given.
(iv) Special
Conditions: Should extreme conditions
prevail, then at the request of employees an early start of 6.00 a.m. may apply
with only one day's notice and shall be
counted as ordinary time worked.
4. Implementation of 38-Hour
Week
(i) The
ordinary hours of work shall be an average of
38 per week as provided in clause 3, Hours.
(ii) The method
of implementation of the 38-hour week
shall be any one of the following:
(a) By the
employer fixing one work day in the fourth week of the cycle as a rostered day off; or
(b) Where the
employer and employee concerned reach agreement, the employer may fix two days
on which the employee may be rostered off for two half-days during the
four week cycle provided that such half-days are either a Monday or Friday; or
(c) Where the
employer and employee reach agreement, the employee may work less than eight
ordinary hours on the Friday of each week.
(d) (i) Each day of paid leave taken (including
annual leave but not including long service) and any public holiday occurring
during any cycle of four weeks shall be regarded as a day worked for accrual
purposes. Provided however, that
rostered days off shall not be regarded as part of annual leave for any
purpose.
(ii) An employee
who has not worked a complete four week cycle in order to accrue a rostered day
off, shall be paid a pro rata amount for credits accrued for each day worked in
such cycle payable for the rostered day off or, in the case of termination of
employment, on termination (ie., an amount of twenty-four minutes for each
eight hour day worked).
(iii) Notwithstanding
the provisions of paragraph (i) of this subclause, an employee shall be
entitled to no more than twelve paid rostered days or twenty-four paid
half-days off in any twelve months of consecutive employment.
(iv) Employees may
accumulate rostered days off by agreement with the employer provided that in
any case no more than five rostered days off may be accumulated. The employee shall take accumulated rostered
days off by mutual agreement with the employer.
5. Rostered Days Off Duty
(i) Rostering -
(a) Rostered days
off shall be scheduled by mutual agreement between employees and the company.
(b) Except as
provided by subclause (c) of this clause, 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 an
emergency or to meet the requirements of a particular establishment.
(d) An individual
employee with the agreement of their 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.
(ii) Rostered
Day Off Falling on a Public Holiday - In the event of an employee's rostered
day off falling on a public holiday, the employee and the employer shall agree
to an alternative day off duty as a substitute. Provided that in the absence of agreement the substituted day
shall be determined by the employer.
(iii) Work on a
Rostered Day Off Duty - Subject to subclause (i), Rostering, of this clause,
any employee required to work on their rostered day off shall be paid in
accordance with the provisions of clause 6, Overtime, and shall receive a
rostered day off in lieu.
(iv) 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.
(v) Annual Leave
and Rostered Days Off - There is no entitlement to a rostered day off during a
period of annual leave as such days do not count as time worked for accrual
purposes.
6. Overtime
(i) All work
done before the usual starting time or after
the usual ceasing time or on Saturday shall be deemed to be overtime and shall be paid for at the rate of time
and one-half for the first two hours and double time thereafter.
(ii) An employee
required to work overtime in excess of two hours shall be granted a paid crib
break of twenty minutes, such crib break to be taken at the conclusion of
ordinary time worked and prior to commencing over time. A further twenty minute paid crib break
shall be granted after each four hours of overtime worked.
7. Sundays and Public Holidays
(i) The
following days or the days upon which they are observed shall be recognised as
holidays: New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day, together with any other day gazetted or
proclaimed as a public holiday for the district in which the employee is
employed, and the Picnic Day of The Australian Liquor, Hospitality and
Miscellaneous Workers Union, New South
Wales Branch, which shall be
held on the first day of August each year, or such other day as is mutually
agreed between the employer and the employee,
provided that the alternate day will not be taken later than the end of the year in which the Picnic Day
falls due.
(ii) Weekly
employees shall be entitled to the above holidays without loss of pay: Provided that where an employee is absent on
the working day before or the working day after a public holiday without
reasonable excuse, proof of which shall lie upon the employee, the employee shall not be entitled to the payment for
such holidays.
(iii) Employees
called upon to work on a Sunday shall be paid at the rate of double time with a
minimum of four hours' pay at such rate.
(iv) Employees
called upon to work on a holiday shall be paid at the rate of double time and
one-half with a minimum of four hours' pay at such rate.
8. Wages
(i) Weekly
Employees: The minimum rate of pay for
the classifications listed in Table 1 - Adult Wages, of Part B, Monetary Rates,
shall, subject to the other provisions of this award, be the rates from time to
time effective as set out in the said Table 1.
(ii) The rates
of pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset
against:
(a) any
equivalent overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
9. Allowances and Incremental
Rates
(i) Meal
Allowances - Where any employee is required to work overtime in excess of two
hours on any day or shift, the employee shall be paid an amount per week extra
as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, for a meal or be supplied with a meal to the value of an amount
as set out in the said Item 1.
Any employee required to work four or more hours overtime
shall be paid the further amount as set out in Item 1 or be supplied with a
meal to the value of the amount as set out in Item 1 for each four hours of
overtime worked.
(ii) Incremental
Rates - In addition to the rates of pay specified in this clause, the following
amounts per week shall be paid for the undermentioned periods of service:
From 3rd to 4th year - an amount as set out in Item 2 of
Table 2.
From 5th to 9th year - a further amount as set out in Item 3
of Table 2.
From 10th year and thereafter - a further amount as set out
in Item 4 of Table 2.
The incremental rates specified in this subclause shall be
part of the ordinary rates of pay for all purposes of this award.
(iii) First-aid
Allowance - Any employee appointed by the employer to perform first-aid duty
shall be paid the amount per day as set out in Item 5 of Table 2, in addition
to their ordinary classified rate of pay.
A suitable first-aid kit shall be provided and kept in a satisfactory
condition.
10. Rest Period
All employees shall be allowed ten minutes each morning as a
rest period for morning tea which shall be counted as time worked.
11. Conditions of Employment
(i) Engagement
of a weekly employee may be terminated only by one week's notice by either
party or by the payment or forfeiture, as the case may be, of one week's wages
in lieu thereof; provided that the employer may dismiss any employee at any
time for misconduct, inefficiency, or neglect of duty and shall be liable for
payment up to the time of dismissal only.
(ii) On the
termination of the employment the employer shall, at the request of the
employee, give the employee a statement signed by the employer, stating the
class of work on which the employee was employed, the period of employment and
when the employment was terminated.
(iii) Casual
Employees: Casual employees shall be paid an hourly rate equal to the
appropriate weekly rate divided by 38, plus 15 per cent calculated to the
nearest half cent with a minimum payment on any day of four hours.
(iv) Part-time
Employees: Part-time employees shall be
paid an hourly rate equal to the appropriate weekly rate divided by 38, with a
minimum payment on any day of three hours.
(v) Juniors: The minimum rates of pay to be paid to
junior employees shall be the following percentages of the appropriate rate of
pay in subclause (i), of clause 8, Wages.
|
|
Percentage
|
|
|
per week
|
|
|
|
|
At 18 years of age and under
|
80
|
|
At 19 years of age
|
90
|
|
At 20 years of age
|
95
|
(vi) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
12. General Conditions
(i) A
sufficient supply of boiling water shall be provided by the employer at meal
hours for all employees unless other suitable arrangements are made in the
employer's establishment.
(ii) Suitable
lavatory accommodation and dressing rooms to ensure protection for clothes left
therein shall be provided for all employees by the employer.
(iii) A lunch
room, which must be separated from any dressing room, for the accommodation of
the employees at meal hours shall be provided.
(iv) Hot and cold
showers and hand basins in sufficient number shall be made available by the
employer for all employees. Nail
brushes, soap and overalls or wrap-ons shall be supplied upon request to all
employees by the employer.
(v) All
employees shall be allowed five minutes prior to meal times and prior to the
ordinary ceasing time for the purpose of cleaning themselves; Provided that
employees working in the blending, mixing, sieving and/or dusty powder
hand-filling departments shall be allowed ten minutes prior to ceasing time for
the purpose of cleaning themselves.
(vi) Respirators
and rubber footwear shall be provided daily by the employer for all employees
engaged in blending, mixing, filling and/or ramming departments.
(vii) All
protective clothing supplied pursuant to this clause shall remain the property
of the employer.
13. 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 grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
this award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specially 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 legislation referred to in this clause
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects....any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
14. Time and Payment Records
(i) All wages
and overtime shall be paid weekly and not later than Friday of each week.
All such monies shall be made up to and including the preceding
Sunday. Such monies shall be paid prior
to the employee's finishing time each pay day.
Provided that by mutual agreement between the employer and the employee,
wages and overtime may be paid fortnightly and no later than Friday of such
week. Such monies shall be paid prior
to the employee's finishing time each pay day.
(ii) Where the
employment is terminated before the regular pay day the employees shall be paid
all monies due on the day of termination.
Provided that the employer may pay such monies due by bank cheque.
(iii) An employer
may keep no more than one day's pay in hand.
(iv) All time
spent by an employee waiting for wages beyond fifteen minutes after their
ordinary finishing time shall be paid for at overtime rates as contained in
clause 6 until such payment is made.
(v) Subject to
subclauses (i), (ii), (iii) and (iv) of this clause, wages may be paid in cash
or where the employee requests by cheque.
Provided that wages may be paid by electronic funds transfer into a bank
or other such recognised financial institution account at the employer's discretion.
The employer shall specify the day upon which wages shall be paid into a
bank or other account, provided further that such payment shall not be later
than the Friday of each pay week. Any
employee who is not paid on such day shall be paid at overtime rates as
contained in clause 6 until payment is made.
15. Mixed Functions
An employee engaged for more than four hours on any day or
shift on duties carrying a higher rate than the employee’s ordinary
classification shall be paid the higher rate for such day or shift. If for less than four hours a day or shift
the employee shall be paid the higher
rate for the time so worked. An
employee who temporarily is required to perform work for which a lower rate is
paid shall not suffer any reduction in their wages whilst so employed; Provided
that any work of less than one week's duration shall be deemed to be temporary.
16. Annual Leave
See Annual Holidays Act 1944.
17. Annual Leave Loading
(i) During a
period of annual leave a full-time or part-time employee shall receive a
loading calculated at the rate of 17.5 per cent of the employee's ordinary time
rate of pay, in addition to the benefits prescribed by clause 16, Annual Leave.
(ii) The
provisions of subclause (i), of this clause, shall not apply to casual
employees nor in respect of any payment due to employees in lieu of annual
leave upon termination of employment.
(iii) Where leave
has been taken in advance the 17.5 per cent loading shall be paid to the
employee when that annual leave becomes due at the rate of pay applying at the
time leave was taken.
18. Sick Leave
An employee, other than a casual employee who is absent from
their work by reason of personal illness or injury not being illness or injury
arising from the employee's misconduct or from an injury arising out of or in
the course of employment, shall be entitled to leave of absence without
deduction of pay, subject to the following conditions and limitations:
(i) The employee
shall, unless it is not reasonably practicable so to do (proof whereof shall be
on the employee), before the employee’s ordinary starting time on the first day
of the employee’s absence, and in any event within twenty-four hours, inform
the employer of their inability to attend for duty and, as far as practicable,
state the nature of the illness or injury and the estimated duration of the
absence.
(ii) The employee
shall furnish to the employer such evidence as the employer may reasonably
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 further that for sick leave
absences which occur before or after a weekend, rostered day off or public
holiday, the standard of proof shall be a medical certificate.
(iii) Except as
hereinafter provided, the employee shall not be entitled to leave in excess of
five days in the first year of employment provided that:
(a) If the
employee’s employment continues with the one employer after the first year,
their leave entitlement shall increase by one day for each additional completed
year of continued employment up to a maximum entitlement of eight days at which
figure it shall remain for all subsequent years of continued employment.
(b) The rights
under this clause shall accumulate from year to year, so long as the employee’s
employment continues with the one employer, so that any part of the leave
entitlement which has not been allowed in any year may be claimed by the
employee and shall be allowed by that employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
(c) If an award
holiday occurs during the employee's absence on sick leave then such award
holiday shall not be counted as sick leave.
(d) Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under this
subclause, but shall not be taken into consideration in arriving at the period
of accumulated leave.
(e) Accumulated
sick leave at the credit of an employee at the commencement of this award shall
not be affected nor reduced by the operation of this clause.
(f) "Year"
for the purpose of this clause shall be from the date of commencement of the
employee with the employer to the anniversary of that date.
(iv) Subject to the
provisions of paragraphs (ii) and (iii) of this subclause the payment for any
absence on sick leave in accordance with this clause during the first three
months of employment of an employee may be withheld by the employer until the
employee completes such three months of employment at which time the payment
shall be made.
19. 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 18, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an adult
child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse o r de facto
spouse of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(e) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be
made at the expiry of the 12 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 on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
20. Bereavement Leave
(i) An
employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave, without
deduction of pay, up to and including the day of the funeral, on each occasion
of the death of a person as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by
the said subclause (iii) occurs outside Australia, and the employee does not
attend the funeral, the employee shall be entitled to one day only, unless the
employee can demonstrate to the employer that additional time up to a period of
three days is justified.
(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, and in the case of a funeral held outside Australia, proof of
attendance at the funeral.
(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 19,
Personal/Carers Leave, provided that,
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Bereavement leave may be taken in conjunction with other leave available under
subclauses (2), (3), (4), (5) and (6)
of the said clause 19. In determining
such a request, the employer will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
21. Long Service Leave
See Long Service Leave Act 1955.
22. Grievance Procedure
(i) Procedures
Relating to Grievances of Individual Employees -
(a) The employee is
required to notify the employer (in
writing or otherwise) as to the substance of the grievance, request a
meeting with the employer for bilateral discussions and state the remedy
sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees and the employer
may be represented by an industrial organisation of employers.
(ii) Procedures
Relating to Disputes, etc., Between
Employers and their Employees -
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
23. Consultation
At each enterprise, a consultative mechanism and procedures
appropriate to the size, structure and needs of that enterprise shall be
established for consultation and negotiation on matters affecting the
efficiency and productivity of that enterprise.
24. Enterprise Arrangements
(i) Parties -
(a) As part of the
Structural Efficiency exercise and as an ongoing process, improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all
employees in an enterprise and consideration of a single bargaining unit in all
multi-union/union award workplaces.
Union delegates at the place of work may be involved in such
discussions.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary provided that:
(i) a majority of
employees affected genuinely agree;
(ii) such
arrangement is consistent with the State Wage Case principles.
(c) (i) Before
any arrangement requiring variation to the award is signed and processed in
accordance with subclause (ii), details of such arrangements shall be forwarded
in writing to the union or unions with members in that enterprise affected by
the changes and the employer association, if any, of which the employer is a
member. A union or an employer
association may, within 14 days thereof, notify the employer in writing of any
objection to the proposed arrangements including the reason for such objection.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
(ii) Procedures
to be Followed -
Such enterprise arrangements shall be processed as follows:
(a) All employees
will be provided with the current prescriptions (eg. award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(b) (i) Where
an arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing. Where the arrangement is
agreed between the employer and an absolute majority of permanent employees
under this award at an enterprise, such arrangement shall be committed to
writing.
(ii) The
authorised representative of employees at an enterprise may include a delegate,
organiser or official of the relevant union if requested to be involved by the
majority of employees at the establishment.
(c) The arrangement
shall be signed by the employer, or the employer's duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(d) Where an
arrangement is objected to in accordance with subclause (i)(c)(i) and the
objection is not resolved, an employer may make application to the Industrial
Relations Commission of New South Wales, to vary the award to give effect to
the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission of New South Wales, to have the arrangement
approved and the award varied in the manner specified in paragraph (g). Such applications are to be processed in
accordance with the appropriate State Wage Case principles.
(g) Where an
arrangement is approved by the Industrial Relations Commission of New South
Wales and the arrangement is contrary to any provisions of the award, then the
name of the enterprise to which the arrangement applies, the date of operation
of the arrangement, the award
provisions from which the said enterprise is exempt, and the alternative
provisions which are to apply in lieu of such award provisions (or reference to
such alternative provisions), shall be set out in a schedule to the award.
(h) Such
arrangement when approved shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as the result of any award
changes made as part of the implementation of the arrangement.
25. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full-time and part- time employees as set out in
clause 8, Wages.
(b) This clause shall
apply only in respect to employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of subclause (v) of this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks.
(ii) Introduction
of Change -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(iii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
the introduction of the changes referred to in subclause (ii) of this clause,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said subclause (ii).
(c) 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.
(iv) Discussions
Before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone, pursuant to paragraph (a)
of subclause (ii), Introduction of Change, of this clause, and that decision
may lead to the termination of employment, the employer shall hold discussions
with the employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as practicable after the employer has made a definite
decision which will invoke the provision of paragraph (a) of this subclause and
shall cover, any reason for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate any adverse effects of any
termination on the employees concerned.
(c) For the
purpose of the discussion the employer
shall, as soon as practicable, provide to the employees concerned and the union
to which they belong, all relevant information about the proposed terminations,
including the reasons for the proposed terminations, the number and categories
of employees likely to be affected, and the number of employees normally
employed and the period over which the terminations are likely to be carried
out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(v) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure, in
accordance with paragraph (a) of subclause (ii) of this clause.
(a) In order to terminate
the employment of an employee, the employer shall give to the employee the
following notice:
|
Period of continuous service
|
Period of notice
|
|
|
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(vi) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (a) of subclause (ii) of
this clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(vii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(viii) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that, in such circumstances, the
employee shall not be entitled to payment in lieu of notice.
(ix) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written statement
specifying the period of the employee's employment and the classification of or
the type of work performed by the employee.
(x) Notice to
Centrelink or the appropriate Government Authority - Where a decision has been
made to terminate the employment of employees, the employer shall notify
Centrelink as soon as possible, giving relevant information, including the
number and categories of the employees likely to be affected and the period
over which the terminations are intended to be carried out.
(xi) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink.
(xii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause
(ii), Introduction of Change, 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 rate for the number of weeks of notice still owing.
(xiii) Severance Pay - Where the employment of an employee is
to be terminated pursuant to subclause
(v) of this clause, subject to further order of the Industrial Relations
Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer
shall pay in accordance with the following scale:
|
Years of service
|
Under 45 years of
age entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of service
|
45 years of age and
over entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(xiv) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(xiii) of this clause.
(xv) 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 subclause
(xiii) if the employer obtains acceptable alternative employment for an
employee.
(xvi) Procedures
Relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 22, Grievance Procedure.
26. Area, Incidence and Duration
This award rescinds and replaces the Pyrotechnics, &c.
(State) Award published 16 March 1990 (255 I.G. 295) as varied and the
Pyrotechnics (State) Wages Adjustment and Allowances Award, published 4 April
1997 (297 I.G. 704) and all variations thereof. It shall apply to all employees within the jurisdiction of the
Pyrotechnics (State) Industrial Committee.
This award shall take effect on and from 18 October 2000 and
shall remain in force for a period of 12 months.
PART B
MONETARY RATES
Table 1 - Adult
Wages
|
Classification
|
Former rate per week
$
|
SWC May 2000
$
|
New total rate per
week
$
|
|
Pyrotechnician
|
431.40
|
15.00
|
446.40
|
|
Mixer - Dry Powder
|
401.00
|
15.00
|
416.00
|
|
Mixer - Sparkler Department
|
401.00
|
15.00
|
416.00
|
|
All other employees
|
385.40
|
15.00
|
400.40
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
per week
$
|
|
1
|
9(i)
|
Meal Allowance
|
5.80
|
|
2
|
9(ii)
|
Incremental Rates - 3rd-4th Year
|
6.45
|
|
3
|
9(ii)
|
Incremental Rates - 5th-9th Year
|
3.40
|
|
4
|
9(ii)
|
Incremental Rates - 10th Years and Thereafter
|
3.40
|
|
5
|
9(iii)
|
First-aid Allowance
|
2.50
|
I. TABBAA,
Commissioner.
Pyrotechnics (State) Industrial Committee
Industries and Callings -
All persons employed in or in connection with the
manufacture and/or assembling of pyrotechnics in the State, excluding the
County of Yancowinna.
____________________
Printed by the authority of the Industrial Registrar.