JOURNALISTS, &C. (FEDERAL PUBLISHING COMPANY PTY LTD) AWARD 1995

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC2696 of 1999)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Area, Incidence and Duration

2.         Pay Equity

2A.      Facilitative Provisions

3.         Casuals

4.         Permanent Part-time Employees

5.         Classification of Employees

6.         Cadets

7.         Ordinary Hours of Full-time Employment

8.         Calculation of Time Worked

9.         Overtime

10.       Accommodation

11.       Holiday Leave

12.       Expenses

13.       Termination of Services

14.       Sick and Incapacity Pay

14A.    State Personal/Carer’s Leave Case - August 1996

14B.     Bereavement Leave

15.       Distant Engagements

16.       Journalists Using Visual Display Terminals in Production

17.       Files for Reference

18.       Duty Sheet

19.       Broadcasting and Television

20.       Multi-skilling

21.       Authorship

22.       Long Service Leave

23.       Union Notice Boards

24.       Travel by Air

25.       Special Risks

26.       Use of Office Cars

27.       Rosters

28.       Duplicating Copy

29.       Signing Work

30.       Enterprise Arrangements

31.       Names to be Furnished

32.       Parental Leave

33.       Disputes Settlement

34.       Redundancy

35.       Leave Reserved

36.       Definitions

37.       Anti-Discrimination

38.       Superannuation

 

PART B

 

MONETARY RATES

 

Minimum Rates of Pay

Table 1 ‑ Rates of Pay

Table 2 ‑ Other Rates and Allowances

Appendix A ‑ Agreed Statement on VDT Breaks

 

PART A

 

1.  Area, Incidence and Duration

 

(a)        This award shall apply to journalists, artists and photographers as classified in clause 5, Classification of Employees, of this award.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Journalists, &c. (Federal Publishing Company Pty Ltd) Award 1995 published 22 September 1995 (288 I.G. 103) and all variations thereof.

 

(c)        The award published on 22 September 1995 took effect from the beginning of the first pay period to commence on or after 19 May 1995.

 

(d)        The changes made to the award pursuant the Award Review pursuant to section l9 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission on New South Wales on 18 December 1998 (308 I.G. 307) take effect 19 November 1999.

 

(e)        This award shall take effect on and from 19 November 1999 and shall remain in force thereafter for a period of three (3) years.

 

2.  Pay Equity

 

The Parties to this Award are committed to ensuring equal remunerations and other conditions of employment of men and women along work of equal or comparable value.

 

2a  Facilitative Provisions

 

An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

 

3.  Casuals

 

(i)         A casual, for the purpose of this award, means a person who is employed by the day or half day upon work similar to that usually done by members of the classified staff as part of their duty.

 

(ii)        No one casual shall be employed for more than 24 hours in any week, or for more than 130 days in any year, except to take the place of a classified member temporarily absent from duty.

 

(iii)       The union may, by written consent, extend the limitation of casual employment provided for in subclause (ii) of this clause on receipt of a written request to do so from the employer.

 

(iv)       If a half day engagement exceeds three and three-quarter hours and is less than seven and one-half hours, a casual shall be paid for the full day.

 

(v)        Time worked in excess of seven and a half hours in any day shall be paid for as follows, viz., for the first three hours at the rate of time and one-half, thereafter at double time.

 

4.  Permanent Part-Time Employees

 

(i)         The employer may employ an employee as a permanent part-time employee.

 

(ii)        The following terms and conditions of employment shall apply to any employee employed as a permanent part-time employee:

 

(a)        Not fewer than eight ordinary hours and not more than 32 ordinary hours shall be worked by any one permanent part-time employee in a week, with four hours being the minimum number of hours of work which shall be performed by such an employee on any day.

 

(b)        Subject to paragraph (a) of this subclause, the ordinary hours of work and days on which such work is to be performed shall be specified in writing by the employer to the permanent part-time employee before the part-time employee begins employment.  Such agreed hours and days may be changed only by:

 

(1)        agreement (in writing) between the permanent part-time employee and the employer;  or

 

(2)        seven days' notice (in writing) between the permanent part-time employee and the employer, provided that there is no diminution of the total agreed number of ordinary weekly hours of work.

 

(iii)       The grade of each permanent part-time employee, which shall be no less than C Grade or Grade 2 (as the case may be), shall be agreed to in writing between the permanent part-time employee and the employer before the employee commences employment.

 

(iv)       The minimum weekly rate of pay for a permanent part-time employee shall be the rate which is that proportion of the weekly rate for an employee of the same grade as the permanent part-time employee which the ordinary weekly hours of work of that part-time employee bears to 38.

 

(v)       

 

(a)        The weekly hours of permanent part-time employees will be expressed as a percentage of 38 hours for the purposes of the classification table.

 

(b)        The percentage of employees on the same grade will be added together.  Any accumulated percentage above 50 per cent will count as 100 per cent.  Any percentage at or below 50 per cent will be disregarded.

 

(c)        Where the proportions are affected by staff alterations, those proportions shall be restored within eight weeks.

 

(vi)       Application of award provisions not referred to above to permanent part-time employees:

 

(a)        For the purposes of this clause, pro rata means, in the case of each permanent part-time employee, the percentage which the ordinary weekly hours of work of the employee bears to 38.

 

(b)        Annual leave entitlements shall accrue for permanent part-time employees in the same manner as for full-time employees. Payment for any period of, or entitlement to, annual leave for part-time employees shall be calculated pro rata for the period of leave or entitlement.

 

(c)        Sick leave shall accrue for permanent part-time employees in the same manner as for full-time employees and payment for absences shall be in respect of the hours each week that would have been worked by the employee concerned had that employee been working.

 

(d)        All other provisions of the award applicable to full-time employees which are capable of having application to permanent part-time employees shall apply to permanent part-time employees, provided that where such provisions specify a payment to be to an employee which is calculated on the basis of or by reference to weekly hours of work of a full-time employee, the payment shall be made pro rata to the permanent part-time employee.

 

(vii)      The provision of permanent part-time employment is not to prejudice the rights of the parties in respect of the employment of casual employees and is not to be applied as to prejudice the employment of full-time employees.

 

5.  Classification of Employees

 

(i)         "Classified members" or "classified staff" or "members of the classified staff', for the purposes of this award, means employees classified as hereinafter mentioned, not for the purpose of controlling or regulating their qualifications or work or duties towards their employer but only to fix the minimum rates of pay which they are to receive.

 

(ii)        On and from 1 July 1991 journalists, artists and photographers, except those specified in subclause (iii) of this clause, shall be classified in the seven grades and in the proportions specified in the, table in this subclause and in two bands as defined in subclause (iv) of this clause.

 

Any excess in any grade may be used to make up the percentage prescribed for any lower grade.

 

Grades and Proportions

 

Employees Classified: Percentage:	7 5	6 10	5 15	4 and 3 40	2 15	1 (not more than 15)
1	-	-	-	1	-	-
2	-	-	1	1	-	-
3	-	-	1	1	1	-
4	-	-	1	1	1	1
5	1	1	1	1	1	1
6	1	1	1	2	1	1
7	1	1	2	2	1	1
8	1	1	2	3	1	1
9	1	1	2	3	1	1
10	1	1	2	4	1	1
11	1	1	2	4	2	1
12	1	1	2	4	2	2
13	1	1	2	5	2	2
14	1	1	3	5	2	2
15	1	1	3	6	2	2
16	1	1	3	6	3	2
17	1	1	3	7	3	2
18	1	1	3	7	3	3
19	1	2	3	7	3	3
20	1	2	3	8	3	3
21	1	2	4	8	3	3
22	1	2	4	9	3	3
23	1	2	4	9	4	3
24	1	2	4	9	4	4
25	1	2	4	10	4	4
26	2	2	4	10	4	4
27	2	2	4	11	4	4
28	2	2	5	11	4	4
29	2	2	5	12	4	4
30	2	2	5	12	5	4
31	2	2	5	12	5	5
32	2	2	5	13	5	5
33	2	3	5	13	5	5
34	2	3	5	14	5	5
35	2	3	6	14	5	5
36	2	3	6	14	6	5
37	2	3	6	15	6	5
38	2	3	6	15	6	6
39	2	3	6	16	6	6
40	3	3	6	16	6	6

 

and thereafter in a similar manner.

 

 

(iii)       The definitions of each of the two bands referred to in subclause (ii) of this clause are:

 

Band One - Journalists, artists and photographers classified in Band One have completed the training requirements of a cadetship or its equivalent and are gaining experience in a wide range of practical areas and/or undertaking additional training.  They normally perform journalistic, artistic and photographic duties under broad supervision.  As they undertake additional training and/or gain experience, they are assigned to duties requiring the exercise of independent initiative and judgement and/or the exercise of more advanced skills.  Beginning as a Grade One journalist, artist or photographer, they require decreasing supervision and exercise greater professional judgement and skills to the level of Grade Four.

 

Band Two - Journalists, artists and photographers classified in Band Two have obtained wide practical experience and are exercising advanced skills.  They are capable of working independently and of exercising initiative and judgement on difficult and responsible assignments.  They may work either individually or as part of a team without direct supervision.

 

(iv)       The procedure by which employees who were in employment with the employer on 1 July 1991 were to be allocated grades in accordance with subclause (ii) of this clause is set out in the Agreement made 14 May 1991 between the employer and the union, a copy of which is Exhibit 7 in Matter No. 28 of 1991 before the Conciliation Committee.

 

(v)        The employees exempted from classification in subclause (ii) of this clause are cadets and casuals.

 

(vi)       An employee who has completed his or her cadetship with the employer shall not be classified as D Grade or Grade 1 (as the case may be) by the employer for longer than two years, provided he or she has completed his or her training requirements as a cadet to the satisfaction of the employer.

 

(vii)      Where the classification proportions specified in subclause (ii) are affected by any staff alterations, these proportions shall be restored within eight weeks when an appointment is made from outside the office and within four weeks when an appointment is made from within the office.

 

(viii)     The provisions of subclauses (i), (ii), and (iii) of this clause are to be considered during the term of this award as provided for in paragraph 7 of the agreement made 14 May 1991 between the employer and the union, a copy of which is Exhibit 7 in Matter No. 28 of 1991 before the Conciliation Committee.

 

6.  Cadets

 

(i)         A cadet means an employee who is constantly or regularly in training for journalism as a journalist, artist or a photographer and who has not become classified as a graded journalist, artist or photographer.

 

(ii)       

 

(a)        For all cadets, apart from graduates, the period of cadetship shall not exceed three years.

 

(b)        For a cadet who commences a cadetship as a graduate of an approved tertiary course, the period of cadetship shall not exceed one year during which the cadet shall be paid at the percentage for a cadet in his/her final year.

 

(c)        Paragraph (b) of this subclause refers to a graduate of a college of advanced education or its equivalent.

 

(iii)       Periods of training in journalism on any newspaper shall be taken into account in calculating the period of experience specified in subclause (i) of this clause.

 

(iv)       Except with the consent in writing of the union, which consent shall not be unreasonably withheld:

 

(a)        Not more than one cadet journalist shall be employed to every six journalists who are members of the classified staff.

 

(b)        The proportion of cadet photographers to photographers who are members of the classified staff and the proportion of cadet artists to artists who are members of the classified staff shall not be more than the following:

 

Where 1 or 2 are employed  1 cadet

Where 3 are employed                        1 cadet

For every additional 3                         1 cadet

 

Provided, however, that if in any case such consent is not given, the employer may refer the matter to the Industrial Committee for determination.

 

(v)        A cadet shall not be stationed outside the city of publication, except to assist a classified member stationed outside the city of publication.  Except with the consent of the Industrial Committee, a cadet shall not be employed away from the city of publication for more than 12 months.  When a cadet is so appointed to assist a classified member, he or she shall be paid a reasonable living allowance if such appointment necessitates him or her living away from his or her home.

 

(vi)       In exceptional circumstances the employer may, with the consent of the committee of the union (which consent shall not unreasonably be withheld) continue to employ, at the rate prescribed for a third year cadet, any cadet who has completed three years of cadetship.  The period or periods for which such an arrangement is to operate shall be determined by the union.  If the cadet's services are terminated by the employer, without lawful cause during such period or periods, he or she shall be paid the difference between the rate of a third-year cadet and the rate for a Grade D or a Grade 1 journalist (as the case may be), prescribed by Part B, Minimum Rates of Pay, from the time of completion of his or her third year of cadetship to the date of such termination.  If the cadet voluntarily leaves his or her employment during or after such period or periods no extra payment shall be made.

 

(vii)      A cadet journalist shall be fully and thoroughly taught and instructed by the employer in journalism in accordance with the following syllabus:

 

(a)        Cadets shall be instructed progressively throughout their cadetship in practical magazine journalism and a responsible person shall supervise such training.

 

(b)        A person entering upon his or her cadetship shall be made familiar with the activities of the various departments so that he or she may have a full knowledge of the handling of copy from its collection to its publication, learn shorthand and typewriting and be examined from time to time to determine the progress being made.

 

(c)        Cadets shall be required to attend a series of lectures by senior journalists and/or other authorities on the theory and practice of journalism.

(d)        Cadets shall be given wide practical experience in magazine work and not restricted to one class of work unless they are being trained in specific branches of journalism.

 

(e)        A cadet shall be permitted by the employer to absent himself or herself during ordinary working hours for periods not exceeding a total of four hours in any week to attend shorthand and typewriting classes, lectures, classes or examinations which apply to any specialised branch of journalism approved by the employer and the committee of the union and/or in subjects prescribed for the course of Diploma of Journalism granted by an Australian university or other approved course.

 

(f)         Cadets from time to time shall accompany classified journalists on assignments to receive practical instruction.

 

(g)        All lectures and other fees and the requisite books for the studies prescribed in paragraph (c) of this subclause shall be made available by the employer.

 

(viii)     A cadet artist or photographer shall be fully and thoroughly taught and instructed by the employer in art or photographic journalism in accordance with the following syllabus:

 

(a)        Cadets shall be instructed progressively throughout their cadetship in their work and a responsible person shall supervise such training.

 

(b)        A person entering upon his or her cadetship shall be made familiar with the activities of the various departments so that he or she may have a full knowledge of the handling and publication of art or photographic work.

 

(c)        Cadet artists shall be made familiar with layout, illustration and press art work, given wide practical experience and not be restricted to one class of work unless they are being trained in a specific branch.

 

(d)        A cadet shall be permitted by the employer to absent himself or herself during ordinary working hours for periods not exceeding a total of four hours in any week to attend art or photographic classes at a technical school or art school.

 

(c)        Fees and the books approved by the employer as required for the studies prescribed in the preceding paragraphs shall be made available by the employer.

 

7.  Ordinary Hours of Full‑Time Employment

 

(i)         In this clause, unless the contrary appears, the word "day" means a period of 24 hours.

 

(ii)        Subject to subclauses (iii) and (iv) of this clause, the ordinary hours of work for full-time employees shall be an average of 38 per week, to be worked on one of the following bases:

 

(a)        by employees working 38 ordinary hours over five days per week;  or

(b)        by employees working the following ordinary hours over 19 days in a 20-day work cycle:

 

40 ordinary hours in each of the three weeks and 32 ordinary hours in one week in the 20-day work cycle;  or

 

(c)        by employees working the following ordinary hours over nine days in a 10-day work cycle:

 

42 ordinary hours in one week and 34 ordinary hours in one week in the 10-day work cycle;  or

 

(d)        by employees working 38 hours on four days in each five-day work cycle.

 

(iii)      

(a)        The method by which the 38-hour week as provided for in subclause (ii) is to be worked shall be determined on a section by section or unit by unit basis by agreement between the employer and the majority of employees affected in the section or unit.

 

(b)        For the purposes of the introduction of a 38-hour week as provided for in subclause (ii) and paragraph (a) of this subclause, the sections or units will be as agreed between the employer and the employees.

 

(iv)       The ordinary weekly hours of work specified in the said subclause (ii) shall be worked so that each employee shall:

 

(a)        be given two days off duty each week, except;

 

(b)        in the fortnights in which a day or days gazetted as a public holiday throughout the State (in this clause referred to: as a "public holiday") occurs, when an additional day off duty shall be given for each such public holiday and the days on which the ordinary hours of work determined as provided for in the said subclause (ii) for such a fortnight can be worked, will be reduced by one for each such public holiday;  and

 

(c)        when the 38- hour week is implemented in respect of any employee in the manner specified in paragraphs (b), (c) and (d) of subclause (ii) of this clause, when the number of days off duty which such employee is given shall be increased as necessary to give effect to the paragraph applicable to such employee.

 

(v)       

 

(a)        In this subclause, the words "days off duty" mean any day off duty which a member is given under subclause (iv).

 

(b)        In respect of a day off duty referred to in paragraph (c) of subclause (iv), the employees of a section may agree with the employer to accrue up to a maximum of three such days off without deduction of pay at a time agreed upon between the employer and the employee.

 

(c)        Where an employee is given a day off duty, that day shall commence at the expiration of 11 hours from the time the employee ceased duty.

 

(d)        When an employee is given two or more consecutive days off duty, those consecutive days off duty shall commence at the expiration of eight hours from the time the employee ceased duty.

 

(vi)       Where an employee who is entitled to a day or days off under subclause (iv) is not given such days off, the employee shall (subject to paragraph (b) of subclause (v) of this clause), be paid for such day or days in accordance with subclause (v) of clause 9, Overtime.

 

(vii)      In the event that agreement is not reached on any aspect of subclauses (ii) and (iii) or paragraph (b) of subclause (v) of this Clause, the matter shall be dealt with as outlined in clause 33, Disputes Settlement.

 

8.  Calculation of Time Worked

 

(i)         Working time shall count continuously from the time of entering upon duty until the time of signing off at the completion of work for the day.  When, however, one hour is permitted off for a meal and in fact one hour is taken of' for such meal the employer shall be entitled to deduct one hour from the total time.  If the time permitted for a meal is less than one hour no time shall be deducted.  Not more than one hour shall be deducted in any day.

 

(ii)        Entering upon duty means:

 

(a)        arrival at the office for the first time in the day for the purpose of performing duty;  or

 

(b)        beginning to perform the first engagement;

whichever is the earlier, a reasonable time being allowed in the latter case to cover the period required to reach the engagement from home.

 

9.  Overtime

 

(i)         An amount paid to an employee in excess of the minimum rate to which he or she is entitled under this award shall not be regarded as a set off against overtime worked.  The hourly rate for overtime purposes shall be calculated by dividing the number. of ordinary weekly hours into the minimum rate for the employee's grade.

 

(ii)        Overtime represents all time worked in excess of:

 

(a)        38 ordinary hours per week in the case of employees who work their ordinary hours per week as provided in paragraphs (a) and (d) of subclause (ii) of clause 7, Ordinary Hours of Full-time Employment;

 

(b)        the ordinary weekly hours of work specified in paragraphs (b) and (c) of the said subclause (ii) for the weeks comprising the work cycles provided in those paragraphs;

 

or in excess of the ordinary hours in paragraphs (a) and (b) of this subclause reduced by time given off in lieu of overtime, but excluding time already paid for or adjusted under this subclause or subclause (iv) of this clause.

 

Overtime shall be adjusted as follows:

 

(1)        Up to 16 hours may, by prior arrangement between the employer and the employee, be taken as time off in lieu within a period of 14 days from the end of the week in which such overtime occurs.

 

(2)        Overtime not adjusted under subparagraph (1) of this paragraph, shall be paid for at the rate of time and one-half for the first three hours and double time thereafter.

 

(iii)       Time worked by an employee on a distant engagement (such time to be calculated as provided for in clause 15, Distant Engagements), shall be counted in determining the time worked by the employee in any week for the purpose of subclause (ii) of this clause.

 

(iv)       All time worked by an employee on day gazetted as a public holiday throughout the State shall be either:

 

(a)        paid at the rate of double time and one‑half with a minimum payment for four hours;  or

 

(b)        adjusted by the employee taking a day off work without deduction of pay at a time agreed between the employer and the employee.

 

(v)        An employee entitled to be paid for day or days off under subclause (vi) of clause 7, Ordinary Hours of Full-time Employment, shall be paid at the rate of double time for all time worked on any such day or days with a minimum payment of four hours, except where any such day is a public holiday as defined in subclause (iv) of the said clause 7, when the provisions of subclause (iv) of this clause shall apply.

 

10.  Accommodation

 

The employer shall provide and maintain adequate accommodation for the reasonable convenience, health, safety and comfort of employees and make all reasonable provision for enabling them to carry out their duties efficiently.

 

11.  Holiday Leave

 

(i)         In every 52 weeks of employment, and after 48 weeks from the annual date of appointment to the staff, all members of the classified staff and cadets shall be given four weeks' holiday on full pay, irrespective of sick leave.  Payment for holiday leave shall be in advance.  In addition, all gazetted holidays shall be allowed off on full pay.

 

(ii)        If an employee requests and the employer agrees, annual leave may be taken in two periods of not less than one week and two weeks, or in such other periods as may be agreed between an employee and the employer.

 

(iii)       If an employee is discharged or resigns before the completion of 48 weeks he or she shall be entitled to proportionate leave on full pay at the rate of four weeks' holiday for 48 weeks' employment.

 

(iv)       When the annual holidays are fixed to begin on Monday and an employee has worked on the preceding Sunday, the holidays shall date from the Tuesday.

 

(a)        All journalists, artists, photographers and cadets shall be paid a loading of 17½ per cent on the rates of payment prescribed in Minimum Rates of Pay, of Part B, Monetary Rates, and clause 3, Casuals, for the period of holiday leave prescribed by this clause.

 

(b)        The loading prescribed by this subclause shall not apply to proportionate leave on     termination of services, except where dismissal takes place for reasons other than misconduct in accordance with subclause (iii) of clause 13, Termination of Services.

 

12.  Expenses

 

(i)         All employees regularly employed on salaries (and casuals) shall be paid reasonable out-of-pocket expenses.

 

(ii)        If the employee is not permanently employed on night work and is engaged to such an hour that the ordinary means of transport to his or her home are not available, then he/she shall be allowed the expenses necessary for him/her to be conveyed to his/her home.

 

(iii)       If an employee's duty prevents him/her from returning to his/her home for the second or subsequent meals from the time of commencing duty, the employer shall refund the cost of such meal, not exceeding the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in each case.

 

(iv)       Photographers who are members of the classified staff and cadet photographers who are required to provide their own equipment to a standard satisfactory to the employer are to be paid an allowance as set out in Item 2 of the said Table 2.  The allowance is to be paid each week the employee performs work or is on sick leave or holiday leave as provided for in the award.

 

13.  Termination of Services

 

Subject to this clause, employment shall 'not be terminated by either the employer or the employee except by notice of the following periods:

 

(i)         In the first 26 weeks of service - one week.

 

(ii)        After 26 weeks of service:

 

(a)        Grade A and Grades 7, 6 and 5 employees (as the case may be) with ten years or more of continuous service as a cadet or a member of the classified staff - 16 weeks.

 

(b)        Grade A and Grades 7, 6 and 5 employees (as the case may be) after 12 months but with less than ten years' continuous service as a cadet or a member of the classified staff - 12 weeks.

 

(c)        Grade A and Grades 7, 6 and 5 employees (as the case may be) with less than 12 months continuous service as a cadet or a member of the classified staff ‑ eight weeks.

 

For the purpose of this: subclause, A Grade includes Al. and Special A Grades.

(d)        Grade B, Grade 3 and Grade 4 employees (as the case may be) - eight weeks.

 

(e)        Grade C, Grade D, Grade 1 and Grade 2 employees (as the case may be) - four weeks.

 

(f)         Cadets - two weeks.

 

(iii)       In lieu of giving the notice prescribed in subclauses (i) and (ii) of this clause, the employer may terminate the employment by equivalent payment.

 

(iv)       An employee who terminates his or her employment, otherwise than in accordance with subclauses (i) and (ii) of this clause, shall forfeit an salary which may be due to him or her.

 

(v)        Notwithstanding the provisions of subclauses (i) and (ii), the employer shall have the right to dismiss an employee without notice for refusal of duty, wilful and serious neglect of duty, disobedience of instructions or orders or misconduct and in such cases the salary shall be: payable up to the time of dismissal only.

 

(vi)       If the employer ceases business, the employer shall give employees four weeks notice of termination of their employment in addition to that provided for in subclauses (i) and (ii) of this clause.  In default, employees shall receive payment in lieu of notice.  Payments made in lieu of notice shall be made from week to week and shall:

 

(a)        cease if and when an employee whose employment has been so terminated secures other employment in the same city at a rate not less than that paid to him or her immediately before the termination;

 

(b)        be proportionately reduced if and when a member whose employment has been so terminated secures other employment in the same city at a rate lower than that paid to him/her immediately before the termination;

 

(c)        cease if and when an employee whose employment has been so terminated secures employment in another city at a rate not less than that paid to him/her immediately before the termination and when the personal travelling expenses to the city in which he/she has obtained employment have been paid by the former employer;

 

(d)        be proportionately reduced if and when an employee whose employment has been so terminated secures other employment in another city at a rate less than that paid to him/her immediately before the termination and when the personal travelling expenses to the city in which he/she has obtained employment have been paid by his/her former employer.

 

(vii)      The periods of notice in this clause shall not run. concurrently with any part of the four weeks' annual holiday provided for in clause 11, Holiday Leave.

 

14.  Sick and Incapacity Pay

 

(i)         In each year of employment, reckoned from the date of appointment to the staff, employees other than casuals, whilst absent through illness or incapacity, shall be paid incapacity pay weekly on the scale and subject to the conditions set out in this clause.

 

(ii)        Conditions:

 

(a)        The right to incapacity pay shall be subject to the employer being satisfied that the employee's absence is due to sickness or incapacity.  The employer shall be entitled to require the production of a medical certificate and/or to have an employee claiming the benefits of this clause examined by a medical practitioner nominated by the employer at the employer's expense.  An employee who refuses to be examined by the medical practitioner shall not be entitled to the benefits of this clause.

 

(b)        Sickness or incapacity arising from misbehaviour, wilful contribution or lack of reasonable care shall not entitle l an employee to the benefits of this clause.

 

(iii)       Scale of payments:  Payments shall be made at not less than the following rates:

 

(a)        After the employee has been employed continuously for 26 weeks:

 

For the first 4 weeks - at full pay.

For the second 4 weeks - at half pay.

For the third 4 weeks - at quarter pay.

 

(b)        After the employee has been employed continuously for five years:

 

For the first 8 weeks - at full pay.

For the second 8 weeks - at half pay.

For the third 8 weeks - at quarter pay.

 

(iv)       The employer shall not be obliged to make a payment to an employee in any 12 months of his or her employment, dating from the date of his or her original engagement, in respect of a period longer than that specified in subclause (iii) of this clause, whether the employee was absent on one or more occasions.

 

(v)        The employer shall not be liable for payment under the provisions of this clause to any employee absent from duty as a result of any injury received from a specific form of recreation, hobby or exercise if the employer has given specific individual notification in writing to the employee that, if he or she further indulges in that particular form of recreation, hobby or exercise no liability in the case of injury arising therefrom shall attach to the employer.  A general notification by circular or otherwise shall not exempt the employer from liability under this subclause.

 

(vi) When an employee is absent through sickness or incapacity for four days in a week, those four days shall be taken to include one of his or her usual days off, when an employee is absent through sickness or incapacity for five days in a week, those five days shall be taken to include both his or her usual days off.

 

14a.  State Personal/Carer's Leave Case ‑ August 1996

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current: or accrued sick leave entitlement, provided for in clause 14, Sick and Incapacity Pay, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

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

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee;  or

 

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

 

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

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona ride 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 g 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)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 11, Overtime, the following provisions shall apply.

 

(b)        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.

 

(c)        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.

 

(d)        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.

 

(e)        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.

 

14b.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause (iii) of this clause.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph(c) of subclause (1) of clause 14A, State Personal/Carer's Leave Case ‑August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken In conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 14A.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.  Distant Engagements

 

(i)         A distant engagement means an assignment requiring an employee to spend one night or more away from the city in which he or she is regularly employed; provided that the employee has had a reasonable rest period during such night or nights.

(ii)        Subject to subclause (iv) of this clause, a distant engagement shall begin from the time of departure from the city or town in which the employee is regularly employed and shall cease on the return of the employee to that city or town; provided that, if the completion of the assignment reasonably requires an employee, to continue working thereon on the day of his/her return, the distant engagement shall be deemed to continue until that further work on the day is completed.

 

(iii)       Nine twenty-fourths of the time spent on a distant engagement shall be reckoned as ordinary hours of duty, with a minimum of nine hours for each period of 24 hours or portion thereof.

 

(iv)       If an employee engaged on a metropolitan assignment is called upon to begin a distant engagement on the same day before completing eight hours' duty, the calculation of the period of that day's duty shall begin at the time of entering upon duty for that day and shall continue for eight hours. Time on duty for the distant engagement shall be calculated then as provided for in subclause (iii) of this clause.

 

(v)        If the nature of the distant engagement requires the employee to be continuously at work on any day for more than nine hours, irrespective of meal breaks, all time worked in excess of nine hours shall be counted as time worked on the distant engagement for the purpose of subclause (iii) of clause 9, Overtime.

 

(vi)       When an employee is absent on a distant engagement for fewer than 168 hours, he/she shall not be given any of his or her weekly days off during his or her absence, but within 14 days of his or her return, in addition to his or her normal weekly days off. If not he or she shall receive payment as provided for in the said clause 9.

 

(vii)      When an employee, whilst on a distant engagement extending to 168 hours or more, is not given his or her weekly days off duty, he or she shall be given them continuously beginning within 14 days of his or her return to normal weekly days off. If not, he or she shall receive payment as provided for in the said clause 9.

 

(viii)     An employee on a distant engagement shall complete a time docket for the purpose of checking his or her hours of employment.

 

16.  Journalists Using Visual Display Terminals in Production

 

(i)         Training in the use of new equipment shall be given in the course of normal working hours before a journalist is required to actually use such equipment during normal production.

 

(ii)        Minimum training time on visual display terminals shall be six hours for reporters and 12 hours for sub-editors, unless otherwise agreed upon between the trainer and the trainee.  Any such agreement shall be recorded in writing.

 

The provisions of subclause (ix) of this clause shall apply during training.

 

(iii)      

 

(a)        The employer shall arrange for each journalist required to operate a visual display terminal to receive a full eye examination by an ophthalmologist or an optometrist nominated by the employer, or as otherwise agreed, and at the employers expense.  This test should be arranged before the journalist is required to use a visual display terminal in production.

 

(b)        Results of the test shall be available to the journalist.

 

(c)        A follow-up examination shall be arranged by the employer six months after the journalist first uses VDTs in production and thereafter at a minimum of every two years if required by the journalist.

 

(d)        Where the ophthalmologist or optometrist prescribes spectacles, or a lens change, specifically for visual display terminal operation, the employer shall pay the cost of the lens and up to the amount set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, on the cost of the frames.

 

(e)        Where the journalist receives a health fund or other benefit towards the cost of spectacles, the employer shall pay the difference between the cost of the new spectacles and the benefit, with a maximum amount as set out in the said Item 3 of the said Table 2.

 

(iv)       The employer shall provide facilities for hard copy printouts for journalists using VDTs.

 

(v)        The employer shall arrange lighting studies of VDT workplaces by an appropriate consultant or authority based on the standard for Lighting and Visual Environment for Screen Based Tasks of the Standards Association of Australia.

 

(vi)       Any new visual display terminal equipment introduced by the employer shall comply with standards acceptable to the Australian Radiation Laboratory.

 

(vii)      The employer shall have regard to Commonwealth Government and/or Australian Standards Association ergonomic standards and/or recommendations in workplace design.

 

 

(viii)     Journalists shall use visual display terminals designed for journalistic use, including use of all editorial commands and editorial formats. They shall use visual display terminals as required for these functions, provided that the employer shall consult in advance of any significant change of technology.

 

(ix)      

 

(a)        No journalist shall be required to work on a visual display terminal for more than two hours without a break.

 

(b)        Where a journalist on any shift works on a visual display terminal for two hours straight, the journalist shall be entitled to a ten‑minute break in respect of each such two-hour period.

 

(c)        Such VDT breaks shall be counted as time worked.

 

(d)        Journalists qualifying for VDT breaks under this clause will normally be entitled to two such breaks. However, on extended shifts or parts of shifts, a journalist may be entitled to more than two such VDT breaks.

 

(e)        In an emergency, the employer may require a journalist to work on a visual display terminal for a maximum of two hours and 30 minutes straight.

 

(This subclause shall be applied in accordance with Appendix "A".)

 

17.  Files for Reference

 

(i)         The employer shall file in his/her office for one month after the issue, copies of each edition of the magazines or periodicals it publishes.

 

(ii)        Such files shall be available for reference during office hours.

 

18.  Duty Sheet

 

The employer shall keep a duty sheet in each office and it shall be made available to employees at all times and to any person authorised by the union to inspect same.

 

 

 

 

 

19.  Broadcasting and Television

 

All time involved in broadcasting and/or television or in gathering or in preparing matter for broadcasting and/or television by direction of the employer shall be regarded as hours of employment in accordance with the provisions of this award.

 

20.  Multi-Skilling

 

Journalists, artists and photographers shall be entitled to use other than their primary skill if they so request and if their editors approve.

 

(Notation:  Ibis provision does not operate to allow employees in one classification to take over the ordinary jobs of employees in other classifications.  The variation is designed for situations in which an employee in one classification can combine two or more skills to produce superior, unified work.  Examples of the application would be for a journalist to use a secondary photographic skill; for a photographer to write a story to dovetail with the photo series, and a third example would be for an artist to take photographs and/or write as a supplement to an artistic series.)

 

21.  Authorship

 

A journalist shall not be required against his or her wishes to have his or her name associated as author with the publication of any matter he or she has been instructed to prepare for publication.

 

22.  Long Service Leave

 

See Long Service Leave Act 1955.

 

23.  Union Notice Boards

 

The union shall be permitted to erect a notice board in the editorial room and/or the art and photographic departments in places approved by the employer and to place on the boards, notices of meetings and union bulletins.

 

24.  Travel By Air

 

(i)         The employer shall not require an employee to undertake an assignment if it necessitates him or her travelling by air and he or she has a reasonable objection to air travel.

 

(ii)        All air travel shall be made by a regular passenger carrying service unless the employee agrees to any other air service.

 

(iii)       Where an employee agrees to travel by air, other than by a regular passenger‑carrying service, he or she shall inform the employer and the employer shall, subject to the following conditions, indemnify the employee against any invalidation of his or her personal assurance policies:

 

(a)        The employer shall be supplied in writing by the employee with a list of personal assurance policies showing the amount of each policy and by what company such policy was issued.

 

(b)        The indemnification shall be to the extent only of the policies of which the employer has had notice pursuant to paragraph (a) of this subclause.

 

25.  Special Risks

 

(i)         No employee shall be ordered to perform any duty the performance of which would invalidate his or her personal assurance policies, or any of them, unless the employer indemnifies him or her against such invalidation.

 

(ii)        If an employee is requested to undertake an assignment the performance of which would invalidate his or her personal assurance policies, or any of them, he or she shall immediately inform the employer of such risk.  Unless, before such employee enters upon such assignment the employer gives to such employee notice in writing that the employer declines to indemnify such employee and/or his or her dependants against such invalidation, the employer shall be bound to indemnify the employee and/or his or her dependants against loss arising thereunder.

 

(iii)       If the employer gives such notice declining to indemnify the employee and/or his or her dependants, the employee shall be at liberty to decline the assignment.

 

26.  Use of Office Cars

 

No employee shall be requested or instructed to drive office-owned cars on any engagement.  If he or she does drive one he or she shall be made exempt by the employer from financial liabilities coverable by ordinary insurance during the whole period in which he or she is in charge of the car.

 

27.  Rosters

 

Weekly days off and nights off for all employees shall be rostered two days before the commencement of the pay week in which the days off or nights off are to be given; provided that, the employer in a case of emergency or shortage of staff through illness or other cause which cannot reasonably be foreseen, may depart from such roster but, in any such case, shall give the employee as long a notice of such departure as possible and shall, within the same or next succeeding week, give to such employee days off duty in lieu of days or nights off cancelled.

 

28.  Duplicating Copy

 

(i)         When an employee, by direction of or with the knowledge or consent of the employer, furnishes by means of duplication, copy intended for another employer in the city in which he or she is employed, he or she shall receive payment for it at a minimum rate as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Dictation of his or her copy by one employee at the direction of or with the knowledge or consent of the employer to another employer in the same city is duplication of copy within the meaning of this clause.

 

29.  Signing Work

 

Artists shall be entitled to initial or sign any or all work of whatever nature they produce and shall do so at the request of the employer.

 

30.  Enterprise Arrangements

 

Enterprise Arrangements - Parties -

 

(1)       

 

(a)        Discussion should take place at an enterprise to provide flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces.  Union delegates at the place of work may be involved in such discussions.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

(i)         a majority of employees affected genuinely agree;

 

(ii)        such arrangement is consistent with the 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 reason 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 arrangements 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 upon between the employer and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.

 

Where the arrangement is agreed upon 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) of this clause 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 arrangement 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 to have the arrangement approved and the award varied in the manner specified in paragraph (g).

 

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(g)        Where an arrangement is approved by the Industrial Relations Commission of New South Wales and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the 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 entitlements to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

 

31.  Names to be Furnished

 

(i)         The employer shall keep a book in which the following entries shall be kept separate, .correct and up to date:

 

(a)        The name of each employee covered by this award (other than cadets and casuals).

 

(b)        The classification and/or grading of each employee.

 

(c)        The name of each cadet, the date of his or her commencement of employment with the employer as a cadet and the year of his or her cadetship.

 

(d)        The name of each casual employee employed by the employer and the dates and hours the casual was employed.

 

(ii)        The employer shall make the book available for inspection during office hours by the Secretary of the union, or by any person authorised in writing by the committee of the union.

 

(iii)       The employer shall, within 14 days of being served with a written request, serve on the Secretary of the union a graded list.  Such graded list shall be in writing and shall be dated and shall separately and correctly set out the information prescribed by paragraphs (a), (h), (c) and (d) of subclause (i) of this clause as at the date the said graded list is served by the employer.

 

(iv)       In the event of the commencement or cessation of employment of an employee, casual or cadet and/or in the event of any alteration in the classification and/or grading of any such employee, casual or cadet, the employer shall:

 

(a)        record such in the book prescribed by subclause (i) of this clause;  and

 

(b)        within 14 days serve on the Secretary of the union a graded list which shall comply with the provisions of subclause (iii) of this clause.,

 

(v)        Service of any document pursuant to this clause shall be by personal delivery or by registered or certified post.

 

A receipt of posting from the Postal Department for service by registered or certified post shall be sufficient proof of service for the purpose of this clause.

 

32.  Parental Leave

 

See Industrial Relations Act 1996 (Chapter 2, Part 4, Division 1).

 

33.  Disputes Settlement

 

(i)         Statement of Principle:

 

(a)        It is the intention of this clause to facilitate a consultative procedure that will assist in preventing and/or limiting disputes which are likely to cause work stoppages or other industrial action. It is agreed that every endeavour will be made to settle any disputes which arise by direct negotiation and consultation.

 

(b)        Matters affecting employment shall be subject to consultation, which will ensure that all affected parties are promptly and fully informed about the issue.

 

(c)        While procedures outlined in subclause (ii) of this clause are being followed, normal work shall continue and if the subject of the dispute concerns any proposed changes to be introduced by the employer, they will not be implemented.

 

(d)        No party shall be prejudiced as to the final settlement by continuation of normal work as a pre-requisite for the operation of these procedures.

 

(e)        Procedures for the settlement of disputes, claims and grievances are to follow the steps set out below. All issues raised by the union officials shall start at Step 3. Every attempt will be made to resolve issues quickly and at the lowest possible level. If the matter is not resolved at that first step, such subsequent steps are to be followed until resolution is achieved.

 

(ii)        Procedure:

 

Step 1 - As soon as practicable after a dispute or claim has arisen, the matter is to be discussed in the first instance between the employee(s) and his/her (their) supervisor/editor.

 

Step 2 - If necessary, the matter is to be discussed by the employee(s) concerned, the employer and a Union House Committee Representative or, if none is available, a representative of the union's members in the office.

 

Step 3 - If the matter has not then been resolved the problem, complaint or claim shall be referred to the employer and a duly accredited union official from the State Office.  The union official shall then arrange to discuss the matter with the employee(s) involved and the employer.

 

Step 4 - If there is still no resolution, the matter may be submitted to the Industrial Relations Commission of New South Wales or other relevant industrial tribunal.

 

34.  Redundancy

 

(i)        

 

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

 

(b)        Notwithstanding anything contained elsewhere in this award, the provisions of this clause shall not apply to employees with less than one year's continuous service.

 

(c)        This clause shall apply in respect to full-time and part-time persons employed in the classifications specified in clause 5, Classification of Employees.

 

(d)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply:

 

(1)        where employment is terminated pursuant to subclause (v) of clause 13, Termination of Services;

 

(2)        where employment is terminated due to the ordinary and customary turnover of labour;

 

(3)        to casual employees;

 

(4)        to apprentices;  or

 

(5)        to employees engaged for a specific period of time or for a specified task or tasks.

 

Introduction of Change -

 

(ii)        Employer's duty to notify -

 

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

 

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

 

(c)        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.

 

(iii)       Employer's duty to discuss change -

 

(a)        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 subclause (ii) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

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

 

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

 

Redundancy -

 

(iv)       Discussions before terminations -

 

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

 

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

 

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

 

Termination of Employment -

 

(v)        Notice, for Changes in Production, Program, Organisation or Structure -

 

(a)        This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure in accordance with subclause (ii), Introduction of Change, of this clause.

(A)      In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

Period of continuous service             Period of Notice

 

Less than 1 year                                  1 week

1 year and less than 3 years               2 weeks

3 years and less than 5 years             3 weeks

5 years and over                                  4 weeks

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Time off during the notice period -

 

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

 

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

 

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

 

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

 

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

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

 

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

 

(vi)       Severance Pay -

 

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

 

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

 

Under 45 years of Age

 

Years of Service                                  Entitlement

 

Less than 1 year                                  Nil

1 year and less than 2 years               4 weeks

2 years and less than 3 years            7 weeks

3 years and less than 4 years            10 weeks

4 years and less than 5 years            12 weeks

5 years and less than 6 years            14 weeks

6 years and over                                  16 weeks

 

 

(B)       Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

45 Years of Age and Over

 

Years of Service                                  Entitlement

 

Less than 1 year                                  Nil

1 year and less than 2 years               5 weeks

2 years and less than 3 years            8.75 weeks

3 years and less than 4 years            12.5 weeks

4 years and less than 5 years            15 weeks

5 years and less than 6 years            17.5 weeks

6 years and over                                  20 weeks

 

 

(C)       "Week's Pay" means the all-purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances provided for in this award.

 

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

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (a) of this subclause will have on the employer.

 

(c)        Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause, if the employer obtains acceptable alternative employment for an employee.

 

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

 

35.  Leave Reserved

 

Leave is reserved to the union to apply to the Industrial Committee or to the Industrial Relations Commission of New South Wales to vary this award to include an allowance of 6 per cent for all purposes of the award to be payable to journalists using VDTs in production, provided that the operation of this clause is suspended for seven years from May 14 1991.

 

36.  Definitions

 

"Industrial Committee" means the Journalists, &c. (State) Industrial Committee, Section 1.

 

"Employer" means the Federal Publishing Company Pty Ltd.

 

"Union" means the Media, Entertainment and Arts Alliance New South Wales.

 

 

37.  Anti-Discrimination

 

(a)        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 the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in this award the parties have obligations 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 of operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)        Nothing in this clause is to be taken to effect:

 

(i)         any conductor act which is specifically exempted from anti-discrimination legislation;

 

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

 

(iii)       a party to this award from pursuing matters of unlawful discrimination.

 

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

 

(i)         Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation.

(ii)        Section 56 (d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that confirms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

38.  Superannuation

 

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

 

(b)        For the purposes of this clause:

 

"Fund" means a superannuation fund that complies with the SGA Act and section 124 of the Industrial Relations Act 1996, is limited to the following:

 

(i)         Journalists Union Superannuation Trust (JUST);

 

or

 

(ii)        an alternative superannuation scheme established and approved in accordance with the Commonwealth operational standards for occupational superannuation funds, where employees nominate.

 

"Ordinary Time Earnings" means:

 

(i)         in the case of a full-time employee, the appropriate rate of pay prescribed in Minimum Rates of Payment, of Part B, Monetary Rates;

 

(ii)        in the case of a part-time employee, the appropriate rate of pay prescribed by clause 4, Permanent Part-time Work;

 

(iii)       in the case of a casual employee, the appropriate rate of pay prescribed by clause 3, Casuals;

 

plus any overaward payments made in respect of ordinary time worked by the employee.

 

"Employee" means a full-time, part-time or casual employee of the Company who is a member of a fund and who has notified the Company in writing of that fact.

 

(c)        The Company shall, on the date of commencement of this provision or the date of engagement of an employee, whichever is the later, notify each employee of his/her entitlement to have occupational superannuation contributions made on their behalf upon becoming a member.

 

(d)        The employee shall nominate the fund into which contributions made on his/her behalf are to be paid and shall at the same time provide written evidence to the company of his/her membership of that fund.

 

(e)        The Company shall, in respect of each member, pay contributions into a fund, at the rate of three per cent of the member's ordinary time earnings, from the beginning of the first pay period on or after the written evidence in subclause (d) is received by the company.

 

(f)         The employer shall not be obliged to pay contributions in respect of:

 

(i)         a member in respect of any periods when that employee is absent without pay from his/her employment;

 

(ii)        a member employed on a casual basis:

(1)        until such employee has worked shifts equivalent to 20 full days work within 13 weeks, when contributions shall be made in respect of work performed thereafter;

 

(2)        in respect of any week during which such employee did not work shifts equivalent to 7½ hours.

 

(g)        Such contributions shall be paid at the intervals and in accordance with the procedures and subject to the requirements prescribed by the relevant fund.

 

(h)        A member shall be entitled to elect to transfer his or her interest in one fund to another fund and to direct payment of future contributions by the Company to such other fund, but shall not be entitled to make such an election within rive years after the initial notification by the member of the fund into which contributions are to be paid or the last notification under this subclause, whichever is the later.

 

The Company shall only be obliged to make such contributions to the other fund where the Company has been advised in writing:

 

(i)         by the member of such change;

 

(ii)        by the Trustees of the member's present fund that the member no longer belongs to that fund; and

 

(iii)       by the Trustees of the other fund that the member now belongs to the other fund.

 

(i)         This clause, in so far as it applies to part-time and casual employees, commenced to operate from the first full pay period to commence on or after 23 April 1991.

 

PART B

 

MONETARY RATES

 

Minimum Rates of Pay

 

(i)         Casuals -

 

The minimum rates of payment for casual work shall be the following percentages of the B Grade or Grade 3 rate (as the case may be), except where the casual demonstrably has and is required to exercise appropriate skill, when the rate of payment shall be the following percentage of the A Grade or Grade 5 rate (as the case may be):

 

(a)        20 per cent for a day of 7½ hours;

 

(b)        12.5 per cent for a day of 3¾ hours.

 

(ii)        Cadets -

 

The minimum weekly rates of payment to cadets shall be the following percentages of the rates prescribed for a D Grade or Grade 1 member (as the case may be) of the classified staff appearing in Table 1 - Rates of Pay:

 

 

Percentage

 

First Year                     60

Second Year                75

Third Year                    90

 

 

The percentages shall be calculated as follows:

 

Amounts up to and including 2 cents shall be disregarded.

 

Amounts of 3 cents or less than 7 cents shall count as 5 cents.

 

Amounts of 7 cents and over shall count as 10 cents.

 

(iii)       The rates of pay in this award include the adjustments payable under the State Wage Cases of June 1998 and June 1999.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments;  and/or

 

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

 

 

Table 1 ‑ Rates of Pay

 

 

		ADJUSTED	NEW	ADJUSTED	NEW
	FORMER	TO	MINIMUM	TO	MINIMUM
CLASSIFICATION	RATE	INCLUDE	RATE PER	INCLUDE	RATE PER
	PER WEEK	SWCA JUNE	WEEK	SWCA JUNE	WEEK
	($)	1998	($)	1999	($)
		($)		($)
Band 1 -
AJA 1	424.60	14.00	438.60	12.00	450.60
AJA 2	479.60	14.00	493.60	12.00	505.60
AJA 3	579.00	12.00	591.00	10.00	601.00
AJA 4	622.40	12.00	634.40	10.00	644.40
Band 2 -
AJA 5	665.90	12.00	677.90	10.00	687.90
AJA 6	718.00	10.00	728.00	10.00	738.00
AJA 7	773.30	10.00	783.30	10.00	793.30

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause Nos	Classification	Previous Rate ($)	1998 Swca	New Rate ($)	1999 Swca	New Rate ($)
1	12(iii)	Meal Allowances	10.50	3.1%	10.83	2.6%	11.10
2	12(iv)	Photographers Equipment	45.60	3.1%	47.01	2.6%	48.24
3	16(iii)(d)	Spectacles - Cost of frames	83.60	3.1%	86.19	2.6%	88.43
4	28(i)	Duplicating Copy Minimum per line	0.04	3.1%	0.04	2.6%	0.04

 

APPENDIX A

 

Agreed Statement on VDT Breaks

 

(1)        The purpose of the VDT breaks as prescribed by subclause (ix) of clause 18, Journalists Using Visual Display Terminals in Production, is to provide a formal break from operation of visual display terminals after two hours continuous use.  The purpose is not to reduce daily working hours.

 

(2).       The employer may require a journalist to engage on non-VDT work during the break provided for in the said subclause (ix).  The intention is to give a break from VDTs, not a break from all work.

(3)        The intention of the said subclause (ix) is that the break falls during a shift or part of a shift.  It is not proposed that the VDT break be taken at the end of a shift (that is, a 10 minute "early cut") or at the end of half a shift (that is, an extra 10 minutes added to the meal break).

 

(4)        Where a 10-minute break is taken before two hours VDT work is completed, the next break will fall due after a further two hours continuous work period of VDTs.

 

(5)        Where a break of less than 10 minutes is taken by a journalist, the employer may require the journalist to extend the break to 10 minutes for the purpose of the said subclause (ix).

 

(6)        The parties acknowledge that where informal arrangements have worked well, these arrangements - by agreement - may continue in lieu of the arrangements set out above.

 

(7)        Journalists may take breaks form VDT operation more frequently than provided above where they reasonably need to.

 

 

 

P. J. SAMS  D.P.

 

 

 

Journalists, &c. (State) Industrial Committee

 

Industries and Callings

 

Section 1. - Journalists, cartoonists, creative and press artists and press photographers, by whatever name known, employed on newspapers, magazines, newsletters and periodicals published for distribution to the public and/or subscribers.

Section 2. - Journalists, cartoonists, creative and press artists, press photographers and publicity and public relations officers in the State;

 

Excepting in all sections -

 

(i)         All persons employed by Sydney Electricity;

Employees of Australian Gas Light Company.

 

(ii)        Employees within the jurisdiction of the following Industrial Committees:

 

Journalists (Broadcasting, &c.);

Journalists (Book Editors);

Crown Employees (Professional);

Crown Employees (Clerical);

Crown Employees (General);

Colleges of Advanced Education Employees (State);

University Employees, &c. (State);

Crown Employees (United Dental Hospital of Sydney);

The New South Wales Egg Corporation;

Totalisator Agency Board Employees (State).

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.