F.J. WALKER FOODS (TRANSPORT WORKERS) BLACKTOWN CONSOLIDATED AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC3294 of 1999)
|
Before Commissioner
Connor
|
25 August 2000
|
REVIEWED AWARD
PART A
SECTION 1 -
APPLICATION AND OPERATION OF AWARD
1. Award Title
This award may be referred to as the F.J. Walker Foods
(Transport Workers) Blacktown Consolidated Award 2000.
2. Arrangement
Section 1 -
Application and Operation of Award
1. Award
Title
2. Arrangement
3. Commitment
4. Definitions
5. Anti-Discrimination
6. Area,
Incidence And Duration
Section 2 -
Employer And Employee Duties, Employment Relationship and Related Arrangements
7. Terms of
Employment
8. Consultative
Mechanism
9. Unauthorised
Persons Riding On Vehicles
10. Duties of
Drivers
11. Absence
from Duty
12. Redundancy
Section 3 - Wages,
Allowances and Hours of Employment
13. Classifications
and Rates of Pay
14. Payment of
Wages
15. Superannuation
16. Hours of
Work
17. Shift Work
18. Overtime
19. Limitation
of Driving Hours
20. Recall
Section 4 - Leave
Entitlements and Public Holidays
21. Annual
Leave
22. Sick Leave
23. Personal/Carer’s
Leave
24. Bereavement
Leave
25. Parental
Leave
26. Long
Service Leave
27. Public
Holidays
28. Picnic Day
29. Jury
Service
Section 5 -
Occupational Health and Safety
30. Amenities
31. Annual
Medicals
32. Uniforms
and Protective Clothing
33. First-Aid
34. Hoods and
Windscreens
35. Tools and
Apparatus
Section 6 -
Industrial Relations and the Union
36. Dispute
Resolution Procedure
37. Notice
Board
38. Right of
Entry
39. Union
Delegate
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
3. Commitment
3.1 The parties
will negotiate to ensure that, as part of a service industry, the employer will
operate as flexibly as possible in order to meet customer demand.
3.2 Employees
within each grade are to perform a wider range of duties, including work, which
is incidental or peripheral to their main tasks or functions.
3.3 Employees are
to undertake training for the wider range of duties and for access to higher
classifications.
3.4 The parties
will not create barriers to advancement of employees within the award structure
or through access to training.
4. Definitions
4.1 Casual
employee shall mean an employee engaged by the day and paid by the day or at
the conclusion of his or her casual employment.
4.2 Double time
shall mean the employee’s ordinary rate of pay plus 100 per cent.
4.3 Driver shall
mean any person engaged to drive or control any type of vehicle specified in
this award irrespective of his or her other duties. This definition shall not exclude other duties (including
delivery of goods) ordinarily performed by a driver.
4.4 Ordinary rate
shall mean the employee's ordinary-time rate of pay, which he or she is
entitled to receive for work performed in ordinary working hours.
4.5 Time and
one-half shall mean the employee's ordinary rate of pay plus 50 per cent.
4.6 Year shall
mean the period from 1 July to 30 June, next following.
5. Anti-Discrimination
5.1 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.
5.2 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.
5.3 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.
5.4 Nothing in
this clause is to be taken to affect:
5.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
5.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act, 1977; or
5.4.4 a party to this
award from pursing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 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.
6. Area, Incidence
and Duration
6.1 This award
rescinds and replaces the F.J. Walker Foods (Transport Workers) Blacktown Award
published 22 January 1993 (273 I.G. 32) and all variations thereof, the
Transport Industry - Mixed Enterprises Interim (State) Award published 17 July
1992 (270 I.G. 550) and all variations thereof, insofar as that award had
applied to the F. J. Walker Foods Blacktown Site, and Industrial Agreement No.
8535 made on 24 May 1991. It shall apply to employees of the classifications
specified herein employed in the transport area at F. J. Walker Foods Blacktown
site.
6.2 This award
shall take effect from the first full pay period to commence on or after 25
August 2000, and shall remain in force thereafter for a nominal period of one
year.
SECTION 2 - EMPLOYER
AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP
AND RELATED ARRANGEMENTS
7. Terms of
Employment
7.1 An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
de-skilling.
7.2 An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been trained in
the use of such tools and equipment.
7.3 The employment
of a weekly or part-time employee may be terminated only by one week’s notice
on either side, which may be given at any time, or by payment by the employer
or forfeiture by the employee of a week's pay in lieu of notice. This shall not affect the right of the
employer to dismiss an employee without notice in the case of an employee
guilty of misconduct.
7.4 An employee
with more than two months' service on leaving or being discharged shall, upon
request, be given a reference or certificate of service in writing. Such reference or certificate of service
shall at least contain information as to the length and nature of the
employment of the employee.
8. Consultative
Mechanism
8.1 The Company
and the Union shall establish a consultative mechanism and procedures, which
are appropriate to the size, structure and needs of the business. The process and procedures shall allow for
consultation and negotiation on matters affecting the efficiency and
productivity of the business.
9. Unauthorised
Persons Riding on Vehicles
9.1 An employee
and/or employer shall not permit any unauthorised person to accompany the
employee on his or her vehicles or permit any such person to assist them in the
delivery of goods, wares, merchandise or materials unless such person has been
engaged as an employee or is the owner of such goods, wares, merchandise or
materials.
10. Duties of Drivers
10.1 Where required
by the employer, driver’s duties shall include minor repairs such as changing
taillights and each driver shall be ready, willing and able to change tyres and
perform similar non-specialist vehicle maintenance tasks.
11. Absence from Duty
11.1 Where an
employee is absent from duty (other than on annual leave, long service leave,
public holidays, paid sick leave,
workers' compensation, bereavement leave or jury service) he/she shall, for
each day absent, lose average pay for each such day calculated by dividing his
or her weekly wage rate by 5.
11.2 An employee who
is absent for Part of a day shall lose average pay for each hour or part
thereof he/she is absent, calculated by dividing his or her weekly wage rate by
38.
11.3 An employee so
absent from duty will not accrue the entitlement for normal rostered time off
provided for in clause 16, Hours of Work.
11.4 The employee
shall take his or her time off as rostered but shall be paid, in respect of the
week during which the rostered time off is taken, their weekly pay less an
amount calculated according to the following formula:
Number of day(s) absent during cycle x 0.4 hours x
Weekly Wage Rate
12. Redundancy
See the Transport Industry - Redundancy (State) Award, 284
I.G. 1395.
SECTION 3 - WAGES,
ALLOWANCES AND HOURS OF EMPLOYMENT
13. Classification
and Rates of Pay
13.1 Employees may
be engaged on any of the following classifications:
13.1.1 Grade 1 Fleet
Maintenance Assistant - means and employee with a Class 5B licence, whose
duties include the customising of fleet equipment as directed, Pick-up and
deliver vehicles, vehicle maintenance requirements, detailing of vehicles and
any other duties associated with Fleet Maintenance operations.
(i) Employees are
to remain in this grade for a minimum of 2 months before being eligible for
consideration as a Grade 2 Trainee Driver. The weekly rate of pay for this
classification shall be the rate set out in Item 1, of Table 1 - Rates of Pay,
of Part B, Monetary Rates.
13.1.2 Grade 2 Trainee
Driver - an employee will work in this grade for a minimum period of 2 months.
In this time the employee will be a "jockey" - working alongside a
Grade 4-Advanced Driver, being trained in the initial stages of restaurant
deliveries, clerical work associated with receival, dispatch, delivery and
distribution functions and Cadec, until competent to work by themselves. The
weekly rate of pay for this classification shall be the rate set out in Item 2,
of Table 1 - Rates of Pay, of Part B.
13.1.3 Grade 3 Driver -
means an employee with a Class 5B licence who, after the initial two months
training as a trainee driver, continues to train in and perform the following
functions:
(i) Safety
training for drivers at an approved institution or organisation running such
courses.
(ii) Restaurant
deliveries as directed to designated routes.
(iii) Basic vehicle
safety maintenance checks.
(iv) Customer
relations.
(v) On-board
vehicle monitoring system.
(vi) Obtains a
Dangerous Goods licence.
(vii) Temperature
control procedures.
(viii) Administration
of clerical work associated with receiving, dispatch, delivery and distribution
functions.
(ix) Training is to
be for a period of not less than eight months in total covering all areas after
which an employee can request a competency check to allow for movement to Grade
4. The weekly rate of pay for this classification shall be the rate set out in
Item 3, of Table 1 - Rates of Pay, of Part B.
13.1.4 Grade 4 Driver -
Advanced - means an employee who has successfully completed the Grade 3
training by passing a competency check of Grade 3 functions and continues to
perform the duties as a competent advanced operator. The weekly rate of pay for
this classification shall be the rate set out in Item 4, of Table 1 - Rates of
Pay, of Part B.
13.1.5 Grade 5 Senior
Driver/Trainer - means an employee who has successfully completed the training
required in lower levels, has passed a competency check in all those functions,
continues to perform the duties as required, assists in training other
employees and is also a qualified truck driving instructor. The Grade 5 Senior Driver(s) shall be
appointed by the Company as and when required. The weekly rate of pay for this
classification shall be the rate set out in Item 5, of Table 1 - Rates of Pay,
of Part B.
(i) Competency
Checks - Competency checks are the responsibility of the manager/supervisor
following consultation with the appointed Grade 5 Trainer. All competency checks are to be documented
and kept on file.
13.2 Implementation
- upon the commencement of this award, employees will be placed into the
appropriate grades by the Company, after consultation with the employee
concerned. No employee will be placed into a grade for which the employee is
not strictly qualified.
13.3 Mixed Functions
- an employee who is required to perform, on any day or shift, work as defined
in clause 14, Payment of Wages, for which a higher rate of pay than that of the
employee’s ordinary classification is prescribed shall be paid as follows:
13.3.1 If the employee
is required to perform such work for 2 hours or more, the employee shall be
paid for the day or shift the higher (or highest, as the case may be) rate of
pay prescribed for the work performed.
13.3.2 If the employee
is required to perform such work for less than 2 hours, the employee shall be
paid the higher (or highest, as the case may be) rate of pay prescribed for the
time actually occupied on such work.
13.3.3 An employee who
is required to perform, on any day or shift, work as defined in clause 17,
Shift Work, for which a lower rate of pay than that of the employee’s ordinary
classification is prescribed, shall suffer no reduction in pay in consequence
thereof unless the employee has been permanently transferred to the lower
classification by the giving of not less than 1 week's notice.
13.3.4 Nothing in this
award prevents the Company directing an employee to carry out such duties as
are within the limits of the employee's skill, competence and training.
14. Payment of Wages
14.1 Wages and
allowances for all employees shall be paid weekly on a day (Monday to Friday)
to be determined by the Company and, once fixed, two weeks notice will be
required for change. Wages and
allowances shall be paid by direct deposit into an account nominated by each
employee in one of the following financial institutions:
Metropolitan Credit Union;
Commonwealth Bank;
St. George Building Society;
or with the agreement of the Company, any other
financial institution.
14.2 Each employee
shall complete and supply to the Company any written authorities reasonably
required by the Company in connection with the payment of that employee's wages
and allowances pursuant to this clause.
14.3 Each employee
shall receive, on the weekly pay day or as soon as practicable thereafter, a
statement of the wages and allowances paid for the relevant pay week and
details of any deductions made therefrom.
14.4 No cash
advances will be paid to any employee.
15. Superannuation
See the Transport Industry - (State) Superannuation Award
made 6 November 1995.
16. Hours of Work
16.1 Starting Times -
Keying In - Where proper facilities are provided for an employee to sign on or key on when beginning work and
to sign off or key off when leaving work, the work of such employee shall be
deemed to commence when he signs on or keys
on at the Distribution Centre and to finish when he signs off or keys
off at the Distribution Centre, although the supervisor or manager has the
authority to over-ride those times if they are inconsistent with the set
roster.
16.2 Day Workers -
Rosters will be posted 7 days prior to commencement of roster. The roster shall specify commencing and
finishing times of ordinary working hours.
In case of change to a roster outside the control of the Company, not
less than 24 hours notice of the change may be given.
16.3 The span of
ordinary working hours for day workers will be between the hours of 6.00 a.m.
and 6.00 p.m.
16.4 Day workers can
be transferred to shift work by the company giving to the employee, 7 days
notice.
16.5 Day workers are
to work an 8.5 hour day which is inclusive of a half hour unpaid meal break.
16.6 Rostered Time
Off - Ordinary hours of work shall be worked by one of the following methods:
16.6.1 Providing for a
full rostered day off in a four-week cycle.
16.6.2 By employees
working to a roster drawn up by the Company within the distribution centre
providing for 19 days each of eight hours over a continuous four-week
period. Accumulation of RDO hours shall
not occur.
16.6.3 Each employee
shall take his or her rostered day off in accordance with the roster as drawn
up by the Company.
16.6.4 By employees
working ordinary hours over 5 days, which shall not exceed 38 hours, which may
be worked over 4 days of 8 hours each and one day of 6 hours (as nominated by
the Company).
17. Shift Work
17.1 Definitions -
For the purpose of this clause:
17.1.1 Day shift means
any shift starting after 6.00a.m. and finishing before 6.00 p.m.
17.1.2 Afternoon shift
means any shift which finishes after 6.00 p.m. and at or before midnight.
17.1.3 Night shift
means any shift starting after 4.30 p.m. and finishing before 1.30 a.m. The first 8 hours of the shift to be at
ordinary time.
17.2 Rosters - Shift work rosters will be posted 7 days prior
to commencement of roster. The roster
shall specify commencing and finishing times of ordinary working hours of each
shift. In case of a change to the
roster outside the control of the
employer, not less than 24 hours' notice of the change may be given.
17.3 Standby drivers
are to be available on call at anytime within the span of a main shift, as
defined in paragraph 17.1.1 to replace drivers not able to attend.
17.4 Shift
Allowances - For ordinary hours of shift, shift workers shall be paid the
following extra percentage of the rate prescribed for their respective
classifications:
17.4.1 Rotating Day
Shift - Nil
17.4.2 Rotating Afternoon Shift - 17.5
17.4.3 Permanent Afternoon Shift - 17.5
17.4.4 Rotating Night Shift - 30
17.4.5 Permanent Night Shift - 30
17.5 Work on
Saturday, Sunday or public holidays - Work on rostered shift, the major portion
of which is performed on a Saturday, Sunday or public holiday, shall be paid
according to the following:
17.5.1 Saturday - at
the rate of time and one half for the first 10 hours and then double-time
thereafter.
17.5.2 Sunday - at the
rate of double time.
17.5.3 Public holidays -
at the rate of double time and a half (this converts to the first 8 hours at
ordinary time plus time and one half for the first 10 hours and then double
time thereafter).
17.5.4 Christmas Day or
Good Friday shall be paid at the rate of double time for the actual time worked
in addition to the day's normal hours.
17.6 The penalty
rates prescribed by this subclause for work on a Saturday, Sunday or public
holiday shall be payable in lieu of the shift allowance prescribed in subclause
17.5 hereof.
17.7 Shift rosters
need not provide two consecutive days off when roster changes occur.
17.8 Employees
working under a 6-day roster who work a Saturday as part of their week's shift
shall be paid 7.6 hours additional ordinary hours pay if a public holiday falls
on their scheduled time off (i.e. their "weekend").
17.9 Employees who
commence work before midnight on a Monday in order to work their normal shift
roster on Tuesday through to Saturday shall be paid at the rate of double time
for all hours worked prior to midnight on the Monday in addition to the
appropriate shift allowance.
17.10 Shift Work -
Meal Times - All shift workers shall be entitled to a paid crib time of 20
minutes (30 minutes if logbook regulations apply). Crib breaks are to be taken within the first 5 hours from
commencing time.
17.11 An employee who
is required to work overtime on any weekday for a period of two hours or more
after their normal finishing time shall be allowed a paid crib break of 20
minutes (30 minutes if log book regulations apply) not later than 5 hours after
the end of their lunch break and he/she shall, unless the employee was notified
the previous day or earlier that they would be required to work such overtime,
be paid a meal allowance in accordance with Item 1 of Table 2 - Allowances, of
Part B, Monetary Rates. Where notification
to work overtime has been given on the preceding day or earlier and such
overtime is then cancelled on the day such overtime was to be worked, an
employee shall be paid a meal allowance in accordance with the said Item 1, of
Table 2.
17.12 Shift Work -
Annual Leave - In addition to the leave prescribed in this award, 7-day shift
workers, that is, employees working rostered shift necessitating regular
rostered Sunday and holiday work as part of their ordinary hours, after 12
months continuous service shall be given an extra week's leave. Where an employee is engaged for part only
of the 12 month period as a seven-day shift worker, the extra leave to which
he/she shall be entitled shall be the same proportion of a week as the
proportion, which the time he/she spent as a 7-day shift worker during the
period bears to a year.
17.13 Transfers To and
From Shift Work - Employees may be transferred either permanently or
temporarily to or from shift work by 7 days notice given by the employer or in
cases outside the control of the employer make the change necessary by 24 hours
notice.
18. Overtime
18.1 Overtime at the
rate of time and one half for the first two hours and double time thereafter
shall be paid to all employees, including casuals, as follows:
18.1.1 For all time
worked between the earliest and latest times mentioned in clause 17, Shift
Work, in excess of forty hours in any one-week or in excess of the ordinary
hours of work in any holiday week.
18.1.2 For all time
worked between such earliest and latest times in excess of the daily limitation
prescribed in the said clause 17, Shift Work, or before the usual commencing
time or after the usual finishing time.
18.1.3 For all time
worked before the said earliest time and for all time worked after the said
latest time.
18.1.4 For the purpose
of the computation of overtime, each day shall stand-alone.
18.2 In the
calculation of overtime, portions of hours shall be taken to the nearest
one-tenth of an hour.
18.3 Casuals: In
the case of casual employees, the overtime rate shall be calculated on the
casual rate of pay.
19. Limitation of
Driving Hours
See Motor Traffic Act and Regulations.
20. Recall
20.1 An employee
recalled for work shall be guaranteed and shall be paid for at least four
hours' work for each start at the appropriate rate of pay. This clause shall also apply to any employee
called upon to work before their normal starting time, and whose overtime work
does not continue up to such starting time.
SECTION 4 - LEAVE
ENTITLEMENTS AND PUBLIC HOLIDAYS
21. Annual Leave
21.1 See Annual
Holidays Act 1944.
21.2 An employee at
the time of entering upon a period of annual leave in accordance with the said
Act shall be entitled to an additional payment in respect of the period of
employment to which the said leave is referable, calculated on the basis of
three and one-third (3.33) hours' ordinary pay for each month.
21.3 Upon an
employee taking annual leave, his or her work cycle in respect of which they
becomes entitled to a weekly accrual
for time off pursuant to clause 16,
Hours of Work, shall be suspended and
the employee shall not become entitled
to further accrual until they return from leave. Upon resumption of work, the entitlement
period for accrual shall resume and the employee shall be entitled to be
rostered to take time off and shall so take time off upon completing the
balance of the work cycle.
22. Sick Leave
22.1 "Year"
shall mean a period of twelve months measured for each employee from the date
of commencement of the employee’s current period of employment.
22.2 An employee,
other than a casual employee, with not less than three months' continuous
service as such in the industry covered by this award, who is absent from work
by reason of personal illness or injury, not being illness or injury arising
from the employee’s misconduct or from an injury arising out of or in the
course of employment, shall be entitled to leave of absence, without deduction
of pay, subject to the following conditions and limitations:
22.2.1 He/she shall,
unless it is not reasonably practicable so to do (proof whereof shall be on the
employee), before his or her ordinary starting time on the first day of the
absence, and in any event within twenty-four hours, inform the employer of his
or her inability to attend for duty and, as far as practicable, state the
nature of the illness or injury and estimated duration of the absence.
22.2.2 He/she shall
furnish to the employer such evidence as the employer may reasonably desire
that he/she was unable, by reason of such illness or injury, to attend for duty
on the day or days for which sick leave is claimed.
22.2.3 Except as
hereinafter provided, he/she shall not be entitled in any year (as defined),
whether in the employ of one employer or several in the aforesaid industry in
such year, to leave in excess of forty hours of ordinary working time.
Provided that:
(i) If his or her
employment continues with the one employer after the first year, his or her
leave entitlement shall increase to a maximum entitlement of 64 hours of
ordinary working time, at which figure it shall remain for any subsequent years
of continued employment.
(ii) If the
employment of an employee who has become entitled to leave in accordance with
subparagraph (i) of this paragraph is terminated for any reason, he/she shall
not be entitled, in the employ of any employer in the industry in that year, to
leave in excess of forty hours' ordinary working time.
22.3 For the purpose
of administering 22.2.3 of this clause, an employer within two weeks of the
employee entering his or her employment, may require an employee to make a
statutory declaration or other written statement as to what paid leave of
absence he/she has had from any employer during the then current year and upon
such statement the employer shall be entitled to rely and act.
22.4 The rights
under this clause shall accumulate from year to year, so long as his or her
employment continues with the one employer, so that any part of the leave
entitlement which has not been allowed in any year may be claimed by the
employee and shall be allowed by that employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
22.5 If an award
holiday occurs during an employee's absence on sick leave, then such award
holiday shall not be counted as sick leave.
22.6 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under 22.2.3,
but shall not be taken into consideration in arriving at the period of
accumulated leave.
22.7 Accumulated
sick leave to the credit of an employee at the commencement of the award shall
not be affected or reduced by the operation of this clause.
22.8 Where an
employee is sick or injured on the weekday he/she is to take off in accordance
with the provisions of clause 16, Hours of Work, shall not be entitled to sick
pay nor will their sick pay entitlement be reduced as a result of their
sickness or injury on that day.
23. Personal/Carer's
Leave
23.1 Use of Sick
Leave -
23.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 23.1.3.2, 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 22, 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.
23.1.2 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.
23.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
23.1.3.1 the
employee being responsible for the care of the person concerned; and
23.1.3.2 the
person concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(vi) "relative"
means a person related by blood, marriage or affinity;
(vii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(viii) "household"
means a family group living in the same domestic dwelling.
23.1.4 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.
23.2 Unpaid Leave
for Family Purpose -
23.2.1 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
23.1.3.2 who is ill.
23.3 Annual Leave -
23.3.1 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.
23.3.2 Access to annual
leave, as prescribed in paragraph 23.3.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
23.3.3 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.
23.4 Time Off in
Lieu of Payment for Overtime -
23.4.1 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.
23.4.2 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.
23.4.3 If, having
elected to take time as leave in accordance with paragraph 23.4.1 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.
23.4.4 Where no
election is made in accordance with the said paragraph 23.4.1, the employee
shall be paid overtime rates in accordance with the award.
23.5 Make-up Time -
23.5.1 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.
23.5.2 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.
23.6 Rostered Days
Off -
23.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
23.6.2 An employee may
elect with the consent of the employer, to take rostered days off in part day
amounts.
23.6.3 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.
23.6.4 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.
24. Bereavement Leave
24.1 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
prescribed in subparagraph 23.1.3 of this award. 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 outside of Australia of a person prescribed by the said subclause
23.1.3, where such person travels outside Australia to attend the funeral. Where an employee would otherwise become
entitled to bereavement leave, but such day or days occur on a day or days
rostered for the employee to take off pursuant to clause 16, Hours of Work, the
employee shall not be entitled to bereavement leave nor will the employee’s
bereavement leave be reduced as a result of them taking leave on that day or
days.
24.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
24.3 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 paragraph
23.1.3 of clause 23, 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.
24.4 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.
24.5 Bereavement
leave may be taken in conjunction with other leave available under subclause
23.2, 23.3, 23.4 and 23.5 of clause 23.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
25. Parental Leave
25.1 Employees are
entitled to maternity, paternity or adoption leave in connection with the birth
or adoption of a child, subject to and in accordance with Chapter 2, Part 4 of
the Industrial Relations Act 1996.
26. Long Service
Leave
See Long Service Leave Act 1955.
27. Public Holidays
27.1 The days on
which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day, Boxing Day are observed in the
areas concerned, together with such other days which may be proclaimed by the
Government and which are observed as public holidays for the area covered by
this award, shall be recognised as public holidays.
27.2 An employee,
other than a casual employee, who, without permission of the employer or
without reasonable cause, absents himself from duty on the working day
immediately preceding or the working day immediately succeeding any public
holiday or series of public holidays, shall not be entitled to payment for such
public holiday or series of public holidays; provided that if an employee
absents himself as aforesaid on one only of the working days preceding or
succeeding a series of public holidays he shall lose the holiday pay only for the holiday closest to the day of
his or her absence.
27.3 Where an
employee is rostered to take time off pursuant to clause 16, Hours of Work, and
such rostered time off falls on any of the public holidays referred to in
subclause 27.1of this clause, the employee shall be entitled to replacement time
off, to be taken on the following basis:
27.3.1 Where the time
off not taken falls on either a Friday or Monday, the next practicable Friday
or Monday shall be taken for the purposes of replacement time off.
27.3.2 Where the time
off not taken falls on a Tuesday, Wednesday or a Thursday, the replacement time
off shall be taken on the first practicable day available for the taking of
such replacement time off.
28. Picnic Day
28.1 Easter Saturday
shall be recognised as the union's Picnic Day.
28.2 In addition to
all other payments due to him, a financial member of the union, other than a
casual employee, shall, upon proof thereof, be paid an additional day's pay in
the pay period in which Easter Saturday falls.
28.3 A financial
member of the union who is required to work on Easter Saturday shall be paid at
the rate of time and one half for the actual time worked and, in addition,
ordinary time for the actual time worked up to a maximum of eight hours pay at
ordinary time in addition to subclause 28.2.
28.4 Notwithstanding
the provisions of subclauses 28.1, 28.2, and 28.3, of this clause, where an
employer observes a paid Picnic Day for all of the employees, such a day shall
be regarded as a holiday in lieu of the Picnic Day prescribed herein and
accordingly such employer shall be exempted from paying the prescribed extra
day’s pay in the pay period in which Easter Saturday falls and from the other
provisions of this clause with respect to payment for work performed on that
day.
28.5 For the purpose
of this clause, "financial member of the union" shall mean an
employee who is, at the time of the Picnic Day, a financial member, or who was
financial member of the union as at 31 December of the preceding year.
29. Jury Service
29.1 An employee
required to attend for jury service during his or her ordinary working hours
shall be reimbursed by the employer an amount equal to the difference between
the amount paid in respect of his or her attendance for such jury service and
the amount of wage he/she would have received in respect of the ordinary time
he/she would have worked had he/she not been on jury service.
29.2 An employee
shall notify his or her employer as soon as possible of the date upon which
he/she is required to attend for jury service. Further, the employee shall give
his or her employer proof of his or her attendance, the duration of such
attendance and the amount received for such jury service.
29.3 Where the day
or days upon which an employee is required to attend for jury service coincide
with time rostered for the employee to take time off pursuant to clause 16,
Hours of Work, such rostered time off shall be deemed to have been taken in
accordance with the roster.
SECTION 5 -
OCCUPATIONAL HEALTH AND SAFETY
30. Amenities
30.1 The following
facilities shall be available at all yards, depots or garages where the
employees are engaged under the provisions of this award:
30.1.1 Proper dressing
rooms with adequate washing facilities including both hot and cold water.
30.1.2 Proper lock-up
clothing lockers.
30.1.3 Where employees
are required to partake of meals at the employer's yard, depot or garage, a
dining room with adequate seating and table accommodation for the partaking of
meals and also facilities for boiling water and heating food shall be
available.
30.1.4 Proper lavatory
facilities.
30.2 Employees
shall place all personal belongings in the lockers provided.
31. Annual Medicals
31.1 Each driver
is to be medically examined on a yearly basis.
32. Uniforms and
Protective Clothing
32.1 Where an
employee is required by his or her employer to wear distinctive dress the same
shall be provided, free of cost, by the employer.
32.2 Where requested
by the employee, an employer shall provide rubber gloves, gum boots and a
waterproof coat or apron, free of cost, for the use at work by an employee
required washing vehicles.
32.3 The clothing
provided in accordance with this clause should be renewed when reasonably
necessary. It shall only be worn when the employee is engaged on work for his
or her employer and shall remain the property of the employer and shall be
returned to him on demand in a condition commensurate with normal wear and tear.
32.4 An employee may
be required by their employer to sign a
receipt for such clothing upon
it being issued to him.
33. First-Aid
33.1 An employee
appointed by the employer to perform first-aid duty shall be paid in accordance
with Item 2 of Division D of Table 2 - Allowances, of Part B, Monetary Amounts,
in addition to their ordinary rate during such appointment.
34. Hoods and
Windscreens
34.1 The employer
shall provide all motor waggons with hoods, windscreen, cushioned seat and back
rest. The driver's cabin of each vehicle shall be ventilated adequately and
shall be supplied with cabin doors and windows. Where this is not practicable, side curtains may be fitted as an
alternative. No driver shall be
required to drive a vehicle with a cracked or broken windscreen, rear vision
mirror or lights which contravenes the New South Wales Motor Traffic Act and
Regulations.
35. Tools and
Apparatus
35.1 The employer
shall provide and shall maintain all necessary tools, ropes and packing.
SECTION 6 -
INDUSTRIAL RELATIONS AND THE UNION
36. Dispute
Resolution Procedure
36.1 It is the
intention of the parties to this award that problems and disputes be resolved
without recourse by employees to industrial action. It is agreed that the parties will confer in good faith with a
view to resolving any problem or dispute by direct consultation and negotiation
while work continues.
36.2 The following
procedure shall apply to a grievance of an individual employee:
36.2.1 The employee is
required to notify (in writing or
otherwise) the employer as to the substance of the grievance, request a meeting
with the employer for bilateral discussions and state the remedy sought.
36.2.2 A grievance must
initially be dealt with as close to the source as possible, with graduated
steps for further discussion and
resolution at higher levels of authority.
36.2.3 Reasonable time
limits must be allowed for discussion at each level of authority.
36.2.4 At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
36.2.5 While the
procedure is being followed, normal work must continue.
36.2.6 The employee may
be represented by an industrial organisation of employees.
36.3 The following
procedure shall apply to a dispute between an employer and the employees:
36.3.1 As soon as
practicable after the dispute or claim has arisen, the employee concerned shall
take the matter up with his or her immediate supervisor affording such
supervisor the opportunity to remedy the cause of the dispute or claim.
36.3.2 If the matter
has not been resolved, it shall be further discussed between the employee, the
elected union delegate and the departmental manager or the departmental
manager's representative.
36.3.3 If the matter
has not been resolved, the union delegate shall inform the Secretary of the New
South Wales branch of the Union or the Secretary's representative of the nature
of the matter in dispute and discussions shall be carried out between the
representatives of the Company and the Union.
36.3.4 The Company
shall allow the union delegate to use the available facilities to make early
contact with the Union.
36.3.5 While the
procedure is being followed, normal work must continue.
36.4 Should the
discussions referred to in subclauses 36.2 and 36.3 of this clause fail to
resolve the dispute, the dispute may be referred to the Industrial Relations
Commission of New South Wales.
36.5 The dispute
shall not, except where special circumstances apply, be referred to the
Industrial Relations Commission of New South Wales until subclauses 36.2 and
36.3 of this clause have been completed.
36.6 Without
prejudice to either party, work shall continue in accordance with the award
while the matters in dispute are being dealt with in respect to this clause.
37. Notice Board
37.1 The employer
shall supply a notice board of reasonable dimensions to be erected or to be
placed in a prominent position in their yard, depot or garage upon which
accredited representatives of the Union shall be permitted to post formal union
notices signed by the representative or representatives.
38. Right of Entry
38.1 A duly
accredited representative of the union shall have the right to enter any work
place or premises for the purpose of interviewing employees and investigating
suspected breaches of awards or agreements or the Industrial Relations Act
1996 and in such investigations inspect time and pay sheets, so long as the
representative does not unduly interfere with the work being performed by any
employee during working time). See Part
7 of Chapter 5 of the Industrial Relations Act, 1996.
39. Union Delegate
39.1 An employee
appointed as union delegate to the yard, depot or garage shall, upon
notification thereof to the employer by the branch or sub-branch Secretary of
the union, be recognised as the accredited representative of the Union.
39.2 Any matter
arising in the yard, depot or garage affecting members of the Union may be
investigated by the delegate and discussed with the employer or their
representative. The delegate shall, at
his or her request, be allowed a reasonable opportunity to carry out such
duties at a time reasonably convenient to himself and the employer.
39.3 If a matter in
dispute is not settled, the delegate shall, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
PART B
MONETARY AMOUNTS
Table 1 - Rates of
Pay
|
Item No.
|
Clause No.
|
Description
|
Amount ($)
|
|
1
|
13.1.1
|
Grade 1 - Fleet Maintenance Assistant
|
451.80
|
|
2
|
13.1.2
|
Grade 2 - Trainee Driver
|
466.80
|
|
3
|
13.1.3
|
Grade 3 - Driver
|
481.80
|
|
4
|
13.1.4
|
Grade 4 - Driver - Advanced
|
496.80
|
|
5
|
13.1.5
|
Grade 5 - Senior Driver/Trainer
|
516.80
|
Table 2 - Allowances
|
Item No.
|
Clause No.
|
Description
|
Amount ($)
|
|
1
|
17.11
|
Meal Allowance
|
6.60
|
|
2
|
33
|
First-aid Allowance
|
7.30 per week
|
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.