BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(619)

SERIAL B9737

STOREMEN AND PACKERS BOND AND FREE STORES (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 6128 of 1999)

Before the Honourable Mr Justice Maidment

22 December 1999

REVIEWED AWARD

PART A

1. Arrangement

PART A

Clause No. Subject Matter

1. Arrangement

2. Definitions

3. Hours

3A. Shift Work

4. Classifications

5. Wages

5A. Arbitrated Safety Net Adjustments

6. Overtime

7. Meal Hours

8. Working During Meal Hours

9. Meal Allowance

10. Holidays

11. Sunday and Holiday Rates of Pay

12. Annual Leave

13. Annual Leave Loading

14. Long Service Leave

15. Sick Leave

15A. Personal/Carer’s Leave

16. Terms of Engagement

16A. Part-time Work

17. Labour Flexibility

18. Redundancy

19. Crib Time

20. Allowances and Special Rates

21. Payment of Wages

22. Method of Payment of Wages

23. Rest Pauses

24. General Conditions

25. Bereavement Leave

26. Mixed Functions

27. Shop Steward

28. Disputes Procedure

29. Repatriation Leave

30. Leave Reserved

31. Jury Service

32. Restructuring and Efficiency Agreements

33. Enterprise Agreements

34. Consultative Mechanisms

35. Exemptions

36. Superannuation

37. Anti-Discrimination

38. Area, Incidence and Duration

PART B

MONETARY RATES

Appendix A - Minimum Award Wage Rates

Appendix B - Allowances and Special Rates

2. Definitions

(i) Storemen and/or Packers for the purpose of this award shall include every employee (excepting store managers) engaged in the work of receiving, handling, storing or delivering goods and merchandise in or in connection with bond and free stores.

(ii) Containerisation - Container loading and unloading is where loose goods or packages are received and stowed into containers or on to pallets and flats or otherwise handled and at which container pallets and flats are unpacked, the contents stored and prepared for delivery and for the receipt and delivery of containers. Employees are to be paid an additional amount per hour as set out in Item 1 of Appendix B, Allowances and Special Rates, when performing these container duties and, over four hours, the amount as set out in Item 2 of the said Appendix B per day.

(iii) A "Work Cycle" shall mean any period of 28 consecutive days.

(iv) In this award, any reference to one gender shall mean a reference to the other gender.

(v) A "Leading Hand", for the purposes of this award:

(a) shall be appointed by the employer to assist in the good order of work flow in an operating area by:

(1) receiving instructions and allocating the work flow to employees;

(2) determining shortages in labour, or material or equipment failures, and to bring any deficiencies to the employer's attention for consideration;

(b) shall, where a failure in training or behaviour occurs, disengage himself/herself from further action and refer the matter to the employer. Provided that this does not preclude a leading hand from giving training, but only on the general instructions of the employer;

(c) shall not become involved in planning annual leave rosters or rostered days off, except by consultation with the employer to ensure an orderly overview of work cover;

(d) shall not become involved in disciplining of employees for behaviour, absenteeism or performance;

(e) shall give advice to the employer or other staff to assist with each of the above but only to the extent of ensuring good order and work flow;

(f) shall not breach any confidence placed in them by fellow employees or the employer;

(g) is appointed on merit and skill, taking into account the following factors:

(1) clerical aptitude;

(2) how to supervise assessment;

(3) work performance and experience;

(4) attendance;

(5) attention to detail;

(6) general attitude to company standards;

(7) training and education.

3. Hours

(i) The ordinary working hours, exclusive of meal times, shall average 38 per week, Monday to Friday, worked as follows:

(a) The hours to be worked will be between the span of hours 6.30 a.m. to 5.30 p.m.

(b) Once having been fixed, the time for commencing and finishing work shall not be altered without at least 7 days' notice to the employees concerned or, by mutual agreement between the employer and such employees where the majority of the employees and the employer so agree, the starting time may be varied to an earlier time.

(ii) Except as provided in subclauses (iv) and (v) of this clause, the 38-hour average week may be worked in any one of the following ways:

(a) by employees working less than 8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days each week; or

(d) by rostering the employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

(iii) The method of working a 38-hour average week shall be at the discretion of the employer, who shall nominate which method prescribed in subclause (ii) of this clause shall apply. Provided that the employer shall not subsequently alter the method of implementation without advising the employee subject to the alteration at least 7 days in advance of the date on which the altered method of implementation is to take effect.

(iv) Subject to the provisions of subclause (i) of this clause and subclauses (ii) and (iii) of clause 3A, Shift Work, should the employer and the majority of employees in any establishment agree, the ordinary working hours may exceed 8 on any day to enable a weekday off to be taken more frequently than would otherwise apply.

(v) Different methods of implementation of a 38-hour week may apply to various groups or sections of employees in the plant or establishment concerned.

(vi) Except as provided in subclause (vii) of this clause, in cases where an employee, in accordance with paragraphs (c) and (d) of subclause (ii) of this clause, is entitled to a day off during his/her work cycle, such employer shall be advised by the employee at least 4 weeks in advance of the weekday he/she is to take off.

(vii)

(a) An employer, with the agreement of a majority of employees in any establishment, may substitute the day an employee is to take off in accordance with paragraph (c) or (d) of subclause (ii) of this clause, for another day in the case of a breakdown in machinery, or a failure or shortage of electric power, to meet the requirements of the business in the event of rush orders or some other emergency situation.

(b) An employee who is required by his/her employer to work on his/her scheduled day off in circumstances other than those in paragraph (a) of this subclause, shall be paid overtime rates or be granted an alternative day off. Such choice shall be at the option of the employee.

(c) An individual employee, with the agreement of his/her employer, may substitute the day he/she is to take off for another day.

(d)

(1) Subject to subparagraph (2) of this paragraph, an employer may hold up to a maximum of five days accrued in accordance with paragraphs (c) and (d) of subclause (ii) of this clause.

The accrued days are to be taken at a time mutually agreed between the employer and the employee.

(2) Wherever there exists a restructuring and efficiency agreement ratified by the Industrial Relations Commission of New South Wales, the terms of that agreement, in so far as the agreement concerns the accrual of rostered days off, shall apply in lieu of subparagraph (1) of this paragraph.

Where the agreement does not provide for an accrual of rostered days off, the employer shall not have a discretion to require an accumulation of rostered days off in accordance with the said subparagraph (1).

3A. Shift Work

(i) Definitions - For the purposes of this clause:

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

"Continuous Work" means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least 6 consecutive days without interruption, except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

"Early Morning Shift" means any shift commencing at or after 4.00 a.m. and before 6.30 a.m.

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

"Rostered Shift" means a shift of which the employee concerned has had at least forty-eight hours' notice.

(ii) Hours - Continuous Work Shifts - The ordinary working hours of shift workers employed on continuous work shall be an average of 38 per week as provided in clause 3, Hours. Such ordinary working hours:

(a) shall not exceed one hundred and fifty-two (152) in any work cycle; and

(b) except as provided in subclause (iv) of the said clause 3, shall not exceed:

(1) eight in any one day; nor

(2) forty-eight in any one week; nor

(3) eighty-eight in any fourteen consecutive days; nor

(4) one hundred and twenty-eight in any twenty-one consecutive days.

(iii) Hours - Other Than Continuous Work - The ordinary working hours of shift workers not on continuous shifts shall be an average of thirty-eight per week as provided for in clause 3. Such ordinary working hours:

(a) shall not exceed one hundred and fifty two in any work cycle; and

(b) except as provided in subclause (iv) of clause 3, shall not exceed:

(1) eight in any one day; nor

(2) forty in any one week; nor

(3) eighty in any fourteen consecutive days; nor

(4) one hundred twenty in any twenty-one consecutive days.

(iv) Hours - General - The ordinary working hours of shift workers shall be worked at such times as the employer may require, provided that:

(a) Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in any twenty-four hours.

(b) twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.

(c) The ordinary working hours of any shift shall be worked continuously except for meal breaks, to be taken at such times as the employer may direct.

(d) No employee shall be required to work for more than five consecutive hours without a meal break.

(v) Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

(vi) An employee shall not be required by an employer to work an early morning shift where this would impose upon that employee any unreasonable personal hardship(s). Without limiting the generality of the concept "any unreasonable personal hardship(s)", it shall include where an employee is unwilling to work a morning shift on account of illness, incapacity, domestic or other pressing necessity. Provided further that an employer shall consult with the accredited representative of the union in relation to the implementation of an early morning shift.

(vii) Early Morning Shift Allowances -

(a) A shift worker whilst on early morning shift shall be paid for such shift a penalty payment of twelve and a half per cent in addition to his/her ordinary rate of pay.

(b) A shift worker who works on morning shift which does not continue for at least five successive mornings in a five-day workshop or for at least 6 successive mornings in a six-day workshop shall be paid, for each such shift, 50 per cent for the first three hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

(viii) Afternoon or Night Shift Allowances -

(a) A shift worker whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his/her ordinary rate.

(b) A shift worker who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights in a five-day workshop or for at least six successive afternoons or nights in a six-day workshop shall be paid, for each such shift, 50 per cent for the first three hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

(1) during a period of engagement on shift works night shift only; or

(2) remains on night shift for a longer period than four consecutive weeks; or

(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one-third of his/her working time off night shift in each shift cycle; shall, during such engagement period or cycle, be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.

(ix) Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and one-half. Such extra rate shall be in substitution for, and not cumulative upon, the shift premiums prescribed in subclause (vii) of this clause.

(x) Overtime - Shift workers, for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift, shall:

(a) if employed on continuous work, be paid at the rate of double time; or

(b) if employed on other shift work, be paid at the rate of time and one-half for the first two hours and double time thereafter, except in each case when the time is worked:

(d) for the purpose of effecting customary rotation of shifts; or

(e) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day.

Provided that when not less than eight hours' notice has been given to the employer by a relief employee that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.

(xi) Requirements to Work Reasonable Overtime - An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

(xii) Sundays and Holidays - Shift workers on continuous shifts, for work on a rostered shift the major portion of which is performed on a Sunday or holiday, shall be paid as follows:

(a) Sundays - at the rate of double time.

(b) Holidays as prescribed by clause 10, Holidays, at the rate of double time. Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 11, Sunday and Holiday Rates of Pay.

Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday, shall be regarded as time worked on such Sunday or holiday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

(xiii) Daylight Saving - Notwithstanding anything contained elsewhere in this award, in any area where, by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State, the length of any shift:

(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and

(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

In this subclause, the expressions "standard time" and "summer time" shall have the same meanings as are prescribed by the relevant State legislation.

(xiv) Clauses 6, Overtime; 7, Meal Hours; and subclause (i) of clause 3, Hours, shall not apply to shift workers.

(xv) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, he/she shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours, when overtime is worked -

(a) for the purpose of changing shift rosters; or

(b) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

4. Classifications

All storemen and packers covered by this award shall be classified as follows:

Five Grade Structure -

Storeman and Packer Grade 1 - For the purposes of this award, a Storeman and Packer Grade 1 shall mean an employee who performs work to the level of their training, and:

(1) is responsible for the quality of their own work (subject to instructions and direction);

(2) works in a team environment and/or under routine supervision;

(3) undertakes duties in a safe and responsible manner;

(4) exercises discretion within their level of skills and training;

(5) possesses good interpersonal and communication skills;

(6) basic understanding of special requirements for dealing with bonded goods.

Indicative of the tasks which an employee at this level may be required to perform include the following:

general labouring and cleaning duties;

order assembling, including picking stock;

loading/unloading;

receiving, checking, dispatching and sorting of products;

satisfying internal and external customer needs;

operation of a keyboard to carry out stores work;

documenting and recording of goods, materials and components;

basic inventory control;

use of hand trolleys and pallet trucks.

Storeman and Packer Grade 2 - For the purposes of this award, a Storeman and Packer Grade 2 shall mean an employee who, in addition to performing the duties of a Grade 1 Storeman and Packer:

(1) has performed 12 months' service as a Storeman and Packer Grade 1 and has satisfactorily acquired the skills relevant to the enterprise at this level;

(2) may be required to use, for training purposes, materials handling equipment which requires licensing/certification;

(3) may be required to assist in the development of Grade 1 Storeman and Packer; and

(4) understands special requirements of bond stores, e.g., handling expensive items, customs requirements, etc.

Storeman and Packer Grade 3 - For the purposes of this award, a Storeman and Packer Grade 3 shall mean an employee who has undertaken sufficient training so as to enable him/her to perform work within the scope of this level in addition to the work of lower grades and who has been appointed by the employer to perform such work on a continuous basis. An employee at this level performs work to the level of their training, and is:

(1) able to work from complex instructions and procedures;

(2) able to co-ordinate work in a team environment under general supervision;

(3) responsible for assuring the quality of their own work;

(4) possesses sound interpersonal and communication skills;

(5) licensed and/or certified to operate all appropriate materials handling equipment, e.g., forklift, mobile crane, carousel, etc.;

(6) able to work unsupervised in all aspects of stores work in a bond store;

(7) may be required to perform the following tasks/duties:

inventory and stores control;

VDU operation using intermediate keyboard skills to carry out stores work;

use of other electronic equipment, e.g., scanner, to carry out stores work;

routine maintenance of stores equipment and machinery.

Storeman and Packer Grade 4 - For the purposes of this award, a Storeman and Packer Grade 4 shall mean an employee who has undertaken sufficient training so as to enable him/her to perform work within the scope of this level in addition to the work of lower grades and who has been appointed by the employer as either a single storeworker in charge of a store or as an operator of computer technology used for high level inventory and stock control.

An employee appointed in this capacity performs work to the level of their training, and:

(1) understands and is responsible for their own quality control;

(2) possesses a sound level of interpersonal and communication skills;

(3) sound working knowledge of all stores duties performed at levels below this grade, exercises discretion within scope of this grade, and has a good knowledge of the employer's product;

(4) where appropriate, accredited by the employer as competent in the understanding of regulations relating to handling, storage and loading/unloading of specific products, e.g., chemicals, solvents and explosives;

(5) may perform work requiring minimal supervision, either individually or in a team environment;

(6) must be competent to perform the following tasks/duties:

licensed to operate appropriate materials handling equipment, e.g., forklifts, crane, carousel, etc.;

routine maintenance of stores equipment or machinery.

(7) ability to process necessary customs documentation for movement of bonded goods within the context of stores work;

(8) in addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards (optional);

(9) may also be responsible for quality control of the work of other Storemen and Packers without being responsible for their direction (optional).

Storeman and Packer Grade 5 - For the purposes of this award, a Storeman and Packer Grade 5 shall mean an employee who has undertaken stores work of all lower grades and who has, at the request of the employer, completed the Warehousing and Distribution Course (No. 8502) at a TAFE college. An employee who is appointed by the employer to this level may be required to perform the following, in addition to the work performed by other grades:

(1) implement quality control techniques and procedures;

(2) utilise highly developed level of interpersonal and communication skills;

(3) assist in the provision of on-the-job training and standards;

(4) in addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards;

(5) This position is accountable for performing some of the following tasks, or a combination thereof:

performing multiple stores activities;

managing the information within the store;

understands and applies computer techniques as they relate to a bond store operation;

has a sound knowledge of the employer's operation and product;

understanding of all customs requirements and necessary documentation.

5. Wages

Weekly Employees - The minimum award wage of pay for the classifications in clause 4, Classifications, shall, from the first pay period to commence on or after 27 April 1998, be inclusive of the base award rate, the third $8 safety net adjustment and the State Wage Case (August 1997) $10 Safety Net Adjustment, as set out in Appendix A, Minimum Award Wage Rates.

5a. Arbitrated Safety Net Adjustments

(i) The rates of pay in this award include the first, second and third arbitrated safety net adjustments ($8.00 per week each - 18 February 1994, 8 May 1995, 27 April 1998) payable under the State Wage Case - December 1994 Decision. All the above Safety Net Adjustments may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case Principles or under the current principles, excepting those resulting at the enter prise level, are not to be used to offset arbitrated safety net adjustments.

(ii) The rates of pay in this award include the adjustments payable under the State Wage Cases of June 1998 and June 1999 which applied from 27 August 1997. This adjustment may be offset against:

(a) any equivalent overaward payments; and/or

(b) award wage increase since 29 May 1991 other than Safety Net Adjustments and minimum rates adjustments.

6. Overtime

(i) All work done before the starting time and/or after the finishing time fixed in accordance with clause 3, Hours, Monday to Friday, inclusive, or on a Saturday, shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(ii) All work done on Saturday for two hours after an employee's normal weekday starting time shall be paid for at the rate of time and one-half and double time thereafter. Work performed on Saturday before such normal weekday starting time or after the expiration of the said 2 hours or 12 noon, as the case may be, shall be paid for at the rate of double time. Employees who have been notified of the intention to work overtime on Saturday shall be paid for a minimum of four hours, even if such hours are not worked.

(iii) All overtime and meal hour rates shall be calculated to the next succeeding quarter of an hour.

(iv) An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the rate of double time for each time so recalled. This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside ordinary working hours or where overtime is continuous, subject to a reasonable meal break, with the completion or commencement of ordinary working time.

(v) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/she ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double rates until released from duty for such period, and shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

7. Meal Hours

Breaks for meals shall be as follows:

Breakfast - 7.00 a.m. to 8.00 a.m. (only applicable to employees working overnight).

Dinner - As far as reasonably possible, there shall be a common dinner meal break for employees in each establishment. The employer shall appoint the time of the meal break of one hour to be taken between 12 noon and 2.00 p.m., provided that by mutual arrangement between the employer and the employee concerned, one half hour may be substituted for such meal breaks.

The appointed meal break shall not be changed, except upon seven days' notice to the employees concerned, and the pre-existing meal break shall continue to apply until the expiration of the said notice.

Tea - The hour immediately succeeding the usual finishing time.

8. Working During Meal Hours

(i) Subject to the provisions of clause 7, Meal Hours, and the remainder of this clause, an employer may require an employee to work during his/her recognised meal break as part of his/her ordinary time.

(ii) Wherever there exists a Restructuring and Efficiency Agreement ratified by the Industrial Relations Commission of New South Wales, the terms of that agreement, insofar as the agreement concerns working in a recognised meal break, shall apply in lieu of subclause (i) of this clause.

(iii) Where the agreement does not provide for working in recognised meal breaks, all employees called upon to work during meal hours shall be paid double time for the period in which the meal break occurs and such rate shall be continued until a meal break is allowed. Nothing in this subclause shall affect the operation of clause 7, Meal Hours.

9. Meal Allowance

Employees required to work overtime in excess of one hour shall receive a meal allowance as set out in Item 3 of Appendix B, Allowances and Special Rates, to be paid immediately on ceasing work prior to commencing overtime.

10. Holidays

(i) The following days, or the days upon which they are observed, shall be holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and the picnic day of the National Union of Workers, New South Wales Branch, which shall be held on the first working day after Boxing Day each year, and any day which may hereafter be proclaimed a public holiday for the district in which the employee is employed.

In the case of weekly employees, the above days shall be paid even though not worked.

(ii) In the case of an employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (ii) of clause 3, Hours, the weekday to be taken off shall not coincide with any holiday fixed in accordance with subclause (i) of this clause. Provided that in the event that a holiday is prescribed after an employee has been given notice of his/her weekday off in accordance with subclause (vi) of the said clause 3, and the holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday.

(iii) Where an employee is absent from his or her 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. Reasonable excuse shall be satisfied by a certificate from a duly qualified medical practitioner or a statutory declaration.

11. Sunday and Holiday Rates of Pay

(i) All time worked on Christmas Day and Good Friday shall be paid for at the rate of treble time in addition to an ordinary day's pay.

(ii) All time worked on Sundays shall be paid for at the rate of treble time.

(iii) All time worked on a holiday referred to in the preceding clause shall be paid at the rate of double time and one-half.

(iv) For work performed on a holiday which falls on a Saturday, payment shall be made at the rate of double time and one-half.

(v) The minimum payment for work performed on Saturdays shall be four hours at the appropriate rate. Sundays or holidays shall be eight hours at the appropriate rate.

12. Annual Leave

See Annual Holidays Act 1944.

The provisions of this clause shall not apply to employees of the Maritime Services Board of New South Wales.

13. Annual Leave Loading

(i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays to which employees become or have become entitled after 31 December 1973.

(ii) In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

(iii) Before an employee is given and takes his/her annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii) of this clause.)

(iv) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973, under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special holidays falling on an employee's rostered day off not worked), and which commences on or after 1 January 1974 or, where such holiday is given and taken in separate periods, then in relation to each such separate period.

(NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance after 31 December 1973.)

(vi) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (v) of this clause at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday but shall not include amounts prescribed for any other allowances, penalty rates, shift allowances, overtime rates or any other payments prescribed by this award.

(vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause, applying the award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973, and the entitlement to the holiday arises on and after 1 January 1974.

(viii) Where, in accordance with the Act and after 31 December 1973, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause.

(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close‑down as his/her qualifying period of employment in completed weeks bears to 52.

(ix)

(a) When the employment of an employee is terminated by the employer on or after 1 January 1974 for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled after 31 December 1973, he/she shall be paid a loading calculated in accordance with subclause (vi) of this clause for the period not taken.

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

14. Long Service Leave

See Long Service Leave Act 1955.

15. Sick Leave

(i)

(a) An employee working under the award who is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1987), not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non‑attendance; provided that he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

(b)

(1) Subject to subparagraph (2) of this paragraph, an employee shall, within six hours of the commencement of such absence or within such time as it practicable for the employee, inform the employer of his/her inability to attend for duty and, as far as possible, state the estimated duration of the incapacity.

(2) Wherever there exists a restructuring and efficiency agreement ratified by the Industrial Relations Commission of New South Wales, then the terms of the agreement, insofar as the agreement concerns notice of sickness, shall apply in lieu of subparagraph (1) of this paragraph.

(3) Where the agreement does not provide for notice of sickness, then notice of an employee's inability to attend for duty shall be made within 24 hours of the commencement of absence and shall include the information nominated in subparagraph (1) of this paragraph.

(c) He/she shall prove to the satisfaction of the employer (or, in the event of a dispute, the Industrial Relations Commission) that he/she is or was unable, on account of such illness, to attend for duty on the day or days for which payment under this clause is claimed.

(d) Except as herein provided, the employee shall not be entitled in the first year of employment to leave in excess of five days, and ten days in the second and subsequent years of employment. Sick pay entitlement for part‑day absences shall be calculated on a proportionate basis by multiplying the duration of sick leave absence by the average daily pay for ordinary hours and dividing the sum by the ordinary hours normally worked that day.

(e) The rights under this clause shall accumulate from year to year, so that any part of the sick leave 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. Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of 12 years in addition to the current year but no longer, from the end of the year in which they have accrued.

(f) 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;

(2) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee).

Provided that any time so lost shall not be taken into account in computing the qualifying period of 3 months.

(g) 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 payments shall be made.

(h) Service before the date of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated leave at the credit of the employee at the commencement of this award will not be increased or reduced by this clause.

(ii) Single-day Absences - In the case of an employee who claims to be allowed paid sick leave, in accordance with this clause, for an absence of one day only, such employee if in the year he/she has already been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in the medical practitioner's opinion the employee was unable to attend for duty on account of personal illness or on account of injury by accident. Nothing in this subclause shall limit the employer's right under paragraph (c) of subclause (i) of this clause.

15A. 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) of this subclause, who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 15, 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.

(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 stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

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

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

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

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

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

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(2) Unpaid Leave for Family 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.

16. Terms of Engagement

(i) Employees are to be engaged as weekly or casual hands. A weekly employee is one engaged by the week and paid by the week and whose engagement shall be terminable by a week's notice on either side, such notice not to be continued from week to week; provided that an employee who is guilty of misconduct may be dismissed at any time without notice.

(ii) Such notice shall be given on and take effect from pay day or, in lieu of such notice, a week's pay shall be given.

(iii) When a weekly hand is engaged on any day, other than the day immediately following pay day, the employee shall be entitled to casual rates for the broken portion of the week worked.

(iv) A casual hand is one whose period of engagement may be terminated at any time; provided that, when a casual hand is employed, the employee shall continue in employment until the first break after engagement; provided further that such period of engagement is not to be less than four hours. If the employee’s employment continues after the said break, the employee shall be paid for a full eight hours in respect of that day.

(v) Provided that an employee whose employment is terminated by the employer on the working day immediately preceding a holiday or holidays, otherwise than from misconduct, shall be paid for such holiday or holidays. This subclause is not to apply to an employee during the first month of engagement.

16A. Part Time Work

(i) An employee may be engaged on a part time basis. A part time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.

(ii) A part time employee is entitled to a minimum start per occasion of 3 continuous hours, except:

(a) Where the employer and the employee concerned agree that there shall be a start of 2 continuous hours on 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, which must be specified; or

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

(iii) A part time employee may work up to 38 hours per week without the payment of overtime.

(iv) A part time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full time employee of the same classification contained in Schedule A - Minimum Award Wage Rates.

(v) Any hours worked by a part time employee outside the ordinary hours of work as set out in clause 3, Hours, or in addition to the 38 hours per week, shall be paid at overtime rates.

(vi) Subject to this clause, all the provisions of this award shall apply to a part time employee on a pro rata basis.

17. Labour Flexibility

(i) For the purpose of increasing productivity and flexibility, as well as enhancing career opportunities for employees, multi-skilling may extend by agreement between the employer and the majority of employees concerned to allow the employees to perform any work in an enterprise within the scope of their skills and competence.

(ii) Discussion shall take place at the enterprise with a view to reaching agreement for employees to perform a wider range of tasks and participation of employees in additional training.

(iii) Notwithstanding the provision of (ii) of this clause, employees shall perform a wider range of duties, including work which is incidental or peripheral to their main tasks or functions.

(iv) Employees shall perform such work as is reasonable and lawfully required of them by the employer, including accepting instructions from authorised personnel.

(v) Employees shall comply with all reasonable requests to transfer or to perform any work provided for by the award.

(vi) Employees shall take all reasonable steps to ensure the quality, accuracy and completion of any job or task assigned to the employee.

(vii) Employees shall not impose or continue to enforce existing demarcation barriers between the work covered by this award, provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

(viii) Employees shall not impose any limitation or continue to enforce any limitations on supervisors or technical personnel demonstrating the use of new equipment or machinery: Provided that the appropriate consultation in relation to the introduction of new technology has taken place.

18. Redundancy

(i) Application -

(a) This clause shall apply in respect of full-time and part-time employees.

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

(ii) Introduction of Change -

(a) Employer's Duty to Notify -

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

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

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) Employer's Duty to Discuss Change -

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

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a).

(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 subparagraph (1) of paragraph (a) of subclause (ii) 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.

(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 subparagraph (1) of this paragraph, 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 on the employees concerned.

(3) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided 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, Programme, Organisation or Structure -

This paragraph 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 subparagraph (1) of paragraph (a) of subclause (ii) 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 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 paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this clause.

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

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

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

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the 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 the Appropriate Commonwealth Agency -

Where a decision has been made to terminate employees, the employer shall notify the appropriate Commonwealth Agency 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) Department of Social Security 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 the Department of Social Security.

(h) Transfer to Lower Paid Duties -

Where an employee is transferred to lower paid duties for reasons as set out in paragraph (a) of subclause (ii) 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 a employee is to be terminated pursuant to subclause (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 year of age, the employer shall pay in accordance with the following scale:

Under 45 Years of Age	Years of Service 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 provided for in this award.

(b) Incapacity to Pay -

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.

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 of New South Wales thinks relevant, and the probable effect of paying the amount of severance pay in subclause (v) of this clause will have on the employer.

(vi) Savings Clause -

Nothing in this award shall be constructed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

19. Crib Time

An employee working overtime shall be allowed a crib of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.

If employees are required to work during such crib time, double time rates shall be paid.

20. Allowances and Special Rates

(a) Employees in Charge - Employees in charge shall receive the following appropriate amount in addition to their rate of pay:

(i) 1 to 5 - See Item 4 of Appendix B of Part B, Monetary Rates.

(ii) 6 or more - See Item 5 of the said Appendix B.

(b) Single Employee - Where a storeman is in charge of a store, i.e., where there is no other person located in the same or adjoining premises to whom such storeman is responsible, then such storeman shall be paid a margin of not less than the amount set out in Item 6 of Appendix B, of Part B, Monetary Rates, in addition to the ordinary rate of pay.

(c) Casual Employees - Casual employees shall be paid an hourly rate equal to the appropriate weekly rate divided by thirty-eight, plus 15 per cent, calculated to the nearest half cent.

NOTATION: The Annual Holidays Act 1944 provides that casual employees under this award are entitled to receive an additional amount equal to one-twelfth of their ordinary-time earnings in lieu of annual leave.

(d)

(i) A storeman and packer who, in the course of employment, operates a forklift, seated, standing or pedestrian, shall, in addition to the rates otherwise payable in accordance with this clause, be paid an amount extra whilst so employed as set out in Item 7 of Appendix B, of Part B, Monetary Rates.

(ii) A storeman and/or packer who, in the course of employment, operates a mobile or pendant crane shall, in addition to the rates otherwise payable in accordance with this clause, be paid an amount extra whilst so employed as set out in Item 8 of Appendix B of Part B, Monetary Rates. Provided that in respect of any hour or part thereof in which both of the additional payments prescribed in subclauses (a) and (b) of this clause become payable, the amount payable in respect of that hour shall not exceed the amount referred to herein.

(iii) The additional rates provided for in this subclause shall be calculated on the total time in which employees are actually engaged on such work, but any time exceeding half an hour shall be counted as one hour and any time less than half an hour as half an hour. Provided further that the minimum weekly wage payable to any such employee shall not exceed the rates listed in Appendix A - Minimum Award Wage Rates, of Part B, Monetary Rates, (from the date on which that schedule of wage rates apply) for drivers of forklifts and/or mobile cranes who may be exclusively employed as such.

(e) When carrying bagged stuff or other packages exceeding 68.04 kg in weight for one hour or more per day, casual or weekly employees shall be paid an amount as set out in Item 9 of Appendix B, of Part B, Monetary Rates, in excess of ordinary rates for the time so engaged. When the weights exceed 81.65 kg the rate shall be an amount as set out in Item 10 of Appendix B, of the said Part B, in excess of ordinary rates. All time exceeding half an hour shall count as one hour for the purpose of remuneration and all time less than half an hour shall count as half an hour for this purpose.

A stacker of bagged chaff shall be paid carrying rates.

When reasonably necessary, assistance shall be provided to employees carrying or stacking heavy goods.

(f) An additional rate of an amount as set out in Item 11 of Appendix B, of Part B, Monetary Rates, shall be paid to all employees whilst engaged in handling the following materials in bags: soda ash, magnesia, whiting, fuller's earth, kapok, oxides and ochres (whether in bags or casks) and sanitone conditioning powder.

Such extra rates shall be calculated on the total time in which employees are actually engaged on handling such materials under the conditions mentioned but any time exceeding half an hour shall be counted as one hour and any time less than half an hour as half an hour.

(g) Employees ordinarily engaged in or in connection with a hazardous store, including the handling of carbon black, shall be paid an amount extra per day as set out in Item 12 of Appendix B, of Part B, Monetary Rates. Other employees who are engaged in or about a hazardous store shall be paid an amount per hour as set out in Item 13 of the said Appendix B whilst so engaged but shall not exceed in payment the daily payment relevant to the said Item 12.

(h) Work which the foreman and union officials agree is of a dirty or offensive nature by comparison with the work normally encountered and for which no other special rates are prescribed shall be paid for by an additional amount at the rate set out in Item 14 (per hour) of Appendix B, of Part B, Monetary Rates. In the case of disagreement between the parties, the latter shall have the right to bring such case before the Industrial Relations Commission of New South Wales for decision.

(i) Where employees are engaged working where dust is prevalent, an amount as set out in Item 15 of Appendix B, of Part B, Monetary Rates, extra shall be paid.

21. Payment of Wages

(i) The payment of weekly employees shall be made during working hours on Thursday of each week.

(ii) Casual employees shall be paid at the time their services are dispensed with at the place where the work is performed.

(iii) In the event that a weekly employee, by virtue of the arrangement of the ordinary working hours, is to take a Thursday off, such employee shall be paid no later than the next working day; provided that where the employer is able to make suitable arrangements, wages may be paid on the preceding working day.

22. Method of Payment of Wages

(i) Subject to subclause (ii) of this clause, payment of wages may be made by means of payment by cash or electronic funds transfer, provided that payment by electronic funds transfer shall not be used where its use would create harsh or unreasonable circumstances to employees.

(ii) Wherever wages are paid by electronic funds transfer under subclause (i) of this clause, the employer shall meet the following costs:

(a) The employee's account establishment costs.

(b) The cost of each deposit of wages in the employee's account, including government charges.

(iii) Wherever there exists a restructuring and efficiency agreement ratified by the Industrial Relations Commission of New South Wales, then the terms of that agreement, in so far as the agreement concerns payment by electronic funds transfer, shall apply in lieu of subclauses (i) and (ii) of this clause.

(iv) Where the agreement does not provide for payment by electronic funds transfer, then the payment shall be the method used by the employer at the date of ratification of the agreement.

23. Rest Pauses

Rest pauses shall be allowed from 10.00 a.m. to 10.10 a.m. and from 3.15 p.m. to 3.25 p.m.

24. General Conditions

(i) Employees who are discharged through slackness of work shall be given first preference of employment when labour is being re-engaged.

(ii) A first-aid kit shall be provided in each store at the employer's expense (subject to the State Act). The employee who is appointed as a first-aid attendant shall be paid an additional payment at the rate set out in Item 16 of Appendix B, of Part B, Monetary Rates.

(iii) Dining room, suitable sanitary conveniences, wash basins and facilities for changing clothes shall be provided by the employer (subject to the State Act.)

(iv) A sufficient supply of boiling water shall be provided at meal times for all employees.

(v) Good quality overalls and gloves shall be provided by the employer, free of cost, to each weekly employee and replaced when necessary. Gloves shall be made available to casuals when reasonably required.

(vi) Employees required to subject themselves to climatic conditions shall have made available to them, when required, a complete set of wet weather gear.

(vii) The employer shall provide, free of charge, a suitable cleaner for the removal of excess dirt, grease or any other objectionable substance not normally encountered in "clean" work.

25. Bereavement Leave

(i) An employee shall be entitled on notice to bereavement leave, up to and including the day of the funeral, without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days’ work on each occasion of the death within Australia of a person as prescribed in subclause (iii) of this clause.

(ii) The employee shall provide proof of death to the satisfaction of the employer, if required by the employer.

(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 in subparagraph (ii) of paragraph (c) of subclause (1) of clause 15A, Personal/Carer’s 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) An employee shall be entitled to bereavement leave under this clause in the event of the death outside Australia of a person prescribed in subclause (iii) of this clause, if the employee goes overseas to attend the funeral.

(vi) Bereavement leave may be taken in conjunction with other leave available under subclauses 1(a), 2, 3, 4, 5 and 6 of clause 15A, Personal/Carer’s Leave. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

26. Mixed Functions

An employee called upon to perform duties carrying a higher margin shall be paid for a minimum of four hours for each day when so called upon; provided that should the higher functions extend beyond four hours, the employee shall receive the higher rate for the full day.

No employee shall suffer any reduction in wages if temporarily employed on work other than that on which he/she regularly is employed and for which a lower rate of pay is provided herein.

27. Shop Steward

An employer shall allow a shop steward, appointed by employees in each establishment and whose name has been forwarded by the union, in writing to the employer, the necessary time during working hours to interview the employer or his/her representatives on matters affecting the employees whom the steward represents.

28. Disputes Procedure

(i) Subject to subclauses (ii) and (iii) of this clause, any dispute arising out of employment shall be referred by the Shop Steward or an individual employee to the Company representative appointed for this purpose.

Failing settlement at this level between the Company and the shop steward on the job, the Shop Steward shall refer the dispute within 24 hours to the union organiser who will take the matter up with the Company.

All efforts shall be made by the Company and the Union Organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the Union Secretary and the Company shall refer the dispute to its employer association and the Union Secretary shall take the matter up with the Employer Association.

During the discussions the status quo shall remain and work shall proceed normally. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

At any time either party shall have the right to notify the dispute to the Industrial Registrar.

(ii) Wherever there exists a restructuring and efficiency agreement ratified by the Industrial Relations Commission of New South Wales, the terms of that agreement, in so far as it concerns a dispute settlement procedure, shall apply in lieu of subclause (i) of this clause.

(iii) Where the agreement does not provide for a dispute settlement procedure, then dispute matters shall be dealt with in accordance with the normal practice operating at the date of ratification of the agreement.

29. Repatriation Leave

Upon the production of evidence satisfactory to the employer, an employee who is entitled to supervision by the Commonwealth Repatriation Department shall be entitled to be paid the employee's award rate of pay; provided the employer shall be obliged to make such payments on not more than four occasions in any year and payment is not to exceed four hours pay on each occasion.

30. Leave Reserved

Leave is reserved to the parties to apply as they may be advised in respect of:

(i) 35-hour week in the event of change in general standards;

(ii) Redundancy provisions;

(iii) Trade Union Education Courses;

(iv) Wages, if any change occurs in the Indexation guidelines;

(v) to apply for increases in clause 20, Allowances and Special Rates, and obnoxious materials, when movements occur in the Transport Industry (State) Award.

(vi) a Restructuring and Efficiency Agreement ratified by the Industrial Relations Commission of New South Wales shall, for the purposes of this award, be deemed to be an enterprise agreement pursuant to clause 33, Enterprise Agreements.

An employer party to a Restructuring and Efficiency Agreement ratified by the Industrial Relations Commission of New South Wales may introduce the following, provided that consultation shall take place with the Union:

(a) Payment of Wages by Electronic Funds Transfer - subclauses (i) and (ii) of clause 22, Method of Payment of Wages.

(b) Subclause (i) of clause 28, Disputes Procedure.

(d) Working through recognised meal breaks - subclause (i) of clause 8, Working During Meal Hours.

(e) Accrual of rostered days off - subparagraph (1) of paragraph (d) of subclause (vii) of clause 3, Hours.

31. Jury Service

An employee shall be allowed leave of absence during any period when required to attend for jury service. During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working.

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

32. Restructuring and Efficiency Agreement

(i) This clause shall govern a corporation or other employer named in the Schedule of this Award wherever an agreement reached between that employer and the National Union of Workers, New South Wales Branch has been approved by the Industrial Relations Commission of New South Wales as being in accordance with the Restructuring and Efficiency Principle laid down by the Industrial Relations Commission of New South Wales in the State Wage Case - March 1987.

(ii) An employee who is paid and classified in accordance with clause 4, Classifications, and Appendix A, of Part B, Monetary Rates, and who is engaged by a corporation or other employer which appears in the Schedule of this award, shall receive in addition to the ordinary rate of pay prescribed in the said Appendix A, an additional payment of four per cent (4%) of the ordinary-time rate of pay prescribed for the classification of employment in the said Appendix A, or such other additional percentage amount as may be specified for the corporation or other employer in the Schedule on and from a date determined by the Industrial Relations Commission of New South Wales.

33. Enterprise Agreements

(1)

(a) As part of the Structural Efficiency exercise and as an ongoing process for 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/agreement 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/agreement to the extent that they are contrary, provided that:

(i) a majority of employees affected genuinely agree;

(ii) such arrangement is consistent with the current State Wage Case principles.

(c)

(i) Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (2), 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 reasons for such objection.

(ii) When an objection is raised, the parties are to confer in an effort to resolve the issue.

Procedures to be Followed -

(2) Such enterprise arrangement shall be processed as follows -

(a) All employees will be provided with the current prescriptions (e.g., 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 the 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 subparagraph (i) of paragraph (c) of subclause (1) 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.

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 a result of any award changes made as part of the implementation of the arrangement.

34. Consultative Mechanisms

Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

35. Exemptions

W.D. and H.O. Wills (Australia) Limited and Rothmans of Pall Mall (Australia) Limited are exempted from the provisions of this award. Provided that the present conditions observed and agreed by and between the said company and the Federated Tobacco and Cigarette Workers' Union of Australasia, New South Wales Branch, are adhered to in respect of its employees.

36. Superannuation

(i) Definitions - In this clause the following definitions shall apply:

(a) "L.U.C.R.F." shall mean the Labor Union Co-operative Retirement Fund.

(b) "Approved Fund" shall mean a Superannuation Fund which has been approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

(c) "Eligible Employee" shall mean a weekly or casual employee who is employed to work in an establishment pursuant to the terms of this award and who has been so employed for four calendar weeks.

In the case of casual employees, ordinary hours of service need not be continuous. All hours of service accumulated by a casual employee shall be included in the calculation of ordinary hours of service towards the attainment of the qualifying period.

(d) "Freedom of Choice" shall mean an individual choice of each employee as to which superannuation scheme he/she wishes to join. The options shall be either L.U.C.R.F. or an Approved Fund of the company's choosing.

(e) "Ordinary-time Earnings" shall mean:

(1) In the case of a weekly employee, his/her classification's weekly rate of pay for ordinary hours of labour; or

(2) in the case of a casual employee, earnings for his/her classification during ordinary working hours (including 15 % casual loading).

(3) A classification's rate shall include the rate per week and allowances related to work and/or conditions.

(4) Ordinary-time earnings shall also include any overaward payment.

"Overaward payment" means the amount (whether it be termed "overaward payment", "attendance bonus", "service increment", or any term whatsoever) which an employee would receive in excess of an award and/or industrial agreement rate of pay for the classification in which such an employee is engaged. Provided that such payment shall exclude payments related to overtime, meal money allowance and any other ancillary payment of a like nature prescribed by an award and/or industrial agreement.

(ii) Contributions -

(a) An employer shall pay to the Trustee of L.U.C.R.F. or an Approved Fund, in respect of each eligible employee, an amount equal to three per cent of the employee's ordinary-time earnings in accordance with the exercise of such employee's freedom of choice.

(b) When an employee becomes an eligible employee by having completed the required qualifying period of employment, the employer shall pay contributions for the qualifying period.

(c) Provided that where an eligible employee has not joined the fund and refuses in writing to so join, the employer shall not be bound to make contributions for that eligible employee.

(d) An employer may make a pro rata deduction from the weekly contribution for each hour that an employee is absent from work without pay.

(e) An employer shall remit to the Trustee of L.U.C.R.F. or an Approved Fund, whichever is applicable, all payments due in respect of eligible employees immediately at the conclusion of each calendar month or at such other times and in such other manner as may be agreed in writing between the employer and the Trustee.

(iii) Existing Arrangements - Nothing in this clause shall affect any arrangement for the payment of 3% Occupational Superannuation (emanating from the State Wage Case Decision of 1986 and subsequent decisions) into L.U.C.R.F. or an Approved Fund which commenced before 20 March 1989.

Further, it is not the intent of this clause to reduce the terms of any existing agreement between an employer and the Trustee of L.U.C.R.F. or of an Approved Fund, whichever is applicable.

(iv) Leave Reserved - Leave is reserved to any party to apply in Matter No. 11 of 1989 in respect of any unforeseen circumstances not contemplated by the parties at the time that clause was inserted into this award.

(NOTATION: Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act 1992 (Cth.) and the Superannuation Guarantee (Administration) Act 1992 (Cth.) and complementary legislation. Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of the making of this award.)

37. Anti-Discrimination

(1) 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.

(2) 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 the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) 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.

(4) 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.

(5) 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".

37. Area, Incidence and Duration

(i) This award shall apply to all storemen and packers (excepting store managers) employed or engaged in bond and free stores throughout the State, excluding the County of Yancowinna, within the jurisdiction of the Storemen and Packers, General (State) Industrial Committee - Section 10.

(ii) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Storemen and Packers, Bond and Free Stores (State) Award published 14 May 1999 (309 I.G. 320), and all variations thereof.

(iii) The award published 14 May 1999 took effect from the beginning of the first pay period on or after 27 April 1998.

(iv) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on 22 December 1999.

(v) The award remains in force until varied or rescinded, the period for which it was made having already expired.

PART B

MONETARY RATES

APPENDIX A - Minimum Award Wage Rates

Classification	Former Minimum Award Wage Rates (per week) 6.10.98 $	State Wage Case - June 1999 $	Minimum Award Wage Rates (per week) 6.10.99 $
Storeman and Packer - Level 1	421.50	12.00	433.50
Storeman and Packer - Level 2	436.50	12.00	448.50
Storeman and Packer - Level 3	442.30	12.00	454.30
Storeman and Packer - Level 4	460.70	12.00	472.70
Storeman and Packer - Level 5	473.20	12.00	485.20

NOTE:

On 3 February 1976 in Matter No. 1035 of 1975, Commissioner Manuel made the following recommendation, the recommended commencing date of which being the first pay period to commence on or after 3 February 1976:

It is recommended that in circumstances where the wage rates prescribed by this clause are increased by order of the Industrial Relations Commission of New South Wales pursuant to the Industrial Relations Act 1991, as a result of a decision of a Full Bench of the Australian Conciliation and Arbitration Commission to reflect movements in the Consumer Price Index as a result of wage indexation cases, that employers party to this award apply the indexation increase to an employee's actual rate of pay as defined hereunder:

"Actual Rate of Pay" in respect of this award is defined as the total amount an employee would normally receive for performing 40 hours of ordinary work: Provided that such rate shall expressly exclude overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, and any other ancillary payments of a like nature: Provided further that this definition shall not include production bonuses and other methods of payment by result which by virtue of their basis of calculation already produce the result intended thereby.

This recommendation is to be read having regard to the 38-hour week for all work performed on or after 1 August 1982.

APPENDIX B - Allowances and Special Rates

Item No.	Clause No.	Brief Description	Amount $
1 2	2(ii) 2(ii)	Containerisation Containerisation (over four hours)	0.12 per hour 1.29 per day
3	9	Meal Allowance	7.60 per meal
4 5	20(a)(i) 20(a)(ii)	Employee in Charge (1 to 5 employees) Employee in Charge (6 or more employees)	13.44 per week 20.60 per week
6	20(b)	Single employee	14.60 per week
7	20(d)(i)	Forklift allowance	0.56 per hour
8	20(d)(ii)	Mobile/pendant crane allowance	0.72 per hour
9 10	20(e) 20(e)	Bagged stuff exceeding 68.04 kgs Bagged stuff exceeding 81.65 kgs	0.40 per hour 0.53 per hour
11	20(f)	Handling certain materials	0.47 per hour
12 13	20(g) 20(g)	Hazardous store work Hazardous store work (hourly rate)	1.04 per day 0.27 per hour
14	20(h)	Dirty work	0.70 per hour
15	20(i)	Dust allowance	0.47 per hour
16	24(ii)	First-aid attendant	1.68 per day

G. I. MAIDMENT J.

____________________

Printed by the authority of the Industrial Registrar.

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