NURSERIES EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC38 of 1999)
|
Before Commissioner
McKenna
|
18 January 2001
|
REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Consultative
Mechanism
4. Labour Flexibility
5. Wages
6. Overtime
7. Holidays
8. Terms of Employment
9. Payment of Wages
10. Annual
Leave
11. Annual
Leave Loading
12. Sick Leave
13. Long
Service Leave
14. Personal/Carer's
Leave
15. Protective
Clothing
16. First-aid
17. Change
Rooms
18. Meal
Allowance
19. Tools
20. Mixed
Functions
21. Dispute
Procedure
22. Travelling
Expenses
23. Bereavement
Leave
24. Jury
Service
25. Union Notices
26. Right of
Entry of Union Officials
27. Training
Wage
28. Anti -
Discrimination
29. Redundancy
30. Superannuation
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 ¾ Wage Rates
Table 2 ¾ Other Rates and Allowances
Appendix A - Industry/Skill Levels
PART C
Training Wage
Table 1A ¾ Industry/Skill Level A
Table 1B ¾ Industry/Skill Level B
Table 1C ¾ Industry/Skill Level C
Table 1 D ¾ School Based Traineeship
Table 1E ¾ Hourly Rates for trainees who have left school
Table 1 F ¾ Hourly Rates for school- based traineeships
PART A
1. Definitions
(a) Senior Nursery
Tradesperson means a person appointed as such who has completed an approved
nurseryperson's trade certificate course conducted at a TAFE college (or its
equivalent) and who has a minimum of 5 years' practical experience within the
nursery industry. This employee shall be in charge of other employees and shall
work with them and direct any work, which is normally done within the industry
and be responsible for productivity and quality and may be required to conduct
sales. (110 percent)
(b) Nursery
Tradesperson means a person who has completed an approved nurseryperson's trade
certificate course conducted at a TAFE college (or its equivalent) and who has
a minimum of 3 years' practical experience within the nursery industry. This
employee may work unsupervised and shall work with and/or direct not more than
three other employees in any work which is normally done within the industry
and may be required to conduct sales. (100 per cent)
(c) Mobile
Nurseryperson shall mean an employee who has no formal nursery qualifications
and who may be engaged in the cartage of plants and the wholesaling or
maintenance of plants and surroundings for the employer's clients. (93 per
cent)
(d) Trainee
Nurseryperson shall mean an employee who is enrolled in and attending an
appropriate course in his/her own time at a TAFE college and who is principally
engaged on tradesperson duties, as defined, under the direct supervision of a
tradesperson. (88 per cent)
(e) Micro-propagation
Processor means an employee who works in a laboratory doing plant propagation,
plant dissection or other work as part of a plant micro-propagation process, or
any other work in a sterile environment (88 per cent).
(f) Nursery Hand
means an employee who has no formal qualifications and, without continuous
supervision, carries out general nursery and labouring duties and may be
required to conduct sales. (83 per cent)
2. Hours
(a) The ordinary
working hours for full-time employees shall be 38 per week, to be worked
between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive, and
shall be continuous except for meal breaks. Notwithstanding the foregoing
spread of hours and where there is mutual agreement between the employer and
the employee(s), the commencing or finishing time may be either advanced or set
back by up to one hour at either end of the spread of hours to suit the
circumstances of the enterprise.
(b) The ordinary
hours may be worked in any one of the following ways;
(i) five equal
days or five and one-half days per week;
(ii) nineteen
equal days in a 20-day cycle;
(iii) four equal
days and one short day per week.
(c) The employer
may vary the method of implementing the ordinary hours of work by giving at
least seven days' written notice of the variation.
(d) Where the
ordinary hours of work are worked on a Saturday, the employee shall be paid a
loading calculated at time and one-quarter of the ordinary hourly rate.
(e) Where the
ordinary hours of work are worked on a Sunday, the employee shall be paid a
loading calculated at time and one-half of the ordinary hourly rate.
(f) A meal break
of not less than thirty minutes and not more than one hour shall be allowed and
no employee shall be required to work for more than five continuous hours
without a meal break.
3..Consultative Mechanism
An enterprise covered
by this award may establish a consultative mechanism with procedures
appropriate to its size, structure and needs and in relation to matters
affecting efficiency and productivity.
4. Labour Flexibility
Employees shall perform a wider range of tasks which may be
incidental or peripheral to their main tasks or functions and are within the
scope of their skills and competence.
5. Wages
(a) Adult Employees ¾ The minimum wages for each classification as
defined shall, subject to the other
provisions of this award, be the weekly rates as set out in (1), Adult
Employees, of Table 1 ¾ Wage Rates, of Part B, Monetary Rates.
(b) Apprentices ¾ The
minimum wages for indentured and
trainee apprentices shall, subject to the other provisions of this award, be
the appropriate percentage of the Nursery Tradesperson rate as set out in (2),
Apprentices, of the said Table 1.
(c) Junior
Employees ¾
The minimum wages for each junior employee shall, subject to the other
provisions of this award, be the percentage of the appropriate rate for adults
as set out in (3), Junior Employees, of Table 1, calculated to the nearest ten
cents, any broken part of ten cents in the result not exceeding five cents to
be disregarded.
(d) Part-time
Employees ¾
A part-time employee shall be paid an hourly rate ascertained by dividing the
weekly rate payable under (1), Adult Employees, of Table 1, by thirty-eight.
(e) Casual
Employees ¾
A casual employee shall mean an employee who is engaged and paid by the hour.
The hourly rate shall be ascertained by dividing the weekly rate payable under
(1), Adult Employees, of Table 1, plus fifteen per cent, by thirty-eight.
(f) "Overaward
payment" is defined as the amount (whether "award payment",
"attendance payment","service increment", or any term
whatsoever) which an employee would receive in excess of the minimum award
safety net adjustment for all classifications in which such employee is
engaged. Provided that such payment shall exclude overtime, penalty rates,
industry allowance, disability allowances, location allowances, special rates
or allowances, fares and travelling allowance, and any other ancillary payment
of a like nature prescribed by this award.
(g) The rates of
pay in thisaward include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(a) any equivalent
overaward payments,
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6. Overtime
(a) Except as
hereinafter provided for, all time worked in excess of or outside the hours
prescribed in clause 2, Hours, shall be paid for at the rate of time and one-half
for the first two hours and at the rate of double time thereafter.
(b) Double time
shall be paid for all overtime work performed on Sundays and double time and
one-half shall be paid for all time
worked on the holidays prescribed by clause 7, Holidays.
(c) Employees
required to work during the fixed meal breaks shall be paid at overtime rates
until they receive a meal break of the usual period.
(d) Employees
recalled to work overtime after leaving their employer's property shall be paid
for a minimum of four hours work at the appropriate rate each time they are so
recalled; provided that, except in the case
of unforeseen circumstances, employees shall not be required to work a
full four hours if the job they were recalled to perform is completed within a
shorter period.
7. Holidays
(a) No deduction
shall be made from the wages of weekly employees for the following holidays,
namely, the days upon which the union Picnic Day, New Year's Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Local Eight Hour
or Labour Day, Christmas Day and Boxing Day are observed, together with any other day or days which
may be proclaimed and/or gazetted as holidays for the State.
(b)
(i) The first
Monday in March each year shall be the Picnic Day of The Australian Workers
Union, New South Wales.
(ii) Employees not
required to work on the said Picnic Day shall be paid for the holiday at the
ordinary rates of pay prescribed in clause 5, Wages.
(iii) Employees
required to work on the Picnic Day shall be paid at the rate of double time and
one-half for a minimum of four hours.
(iv) Employers may
require from their employees the butt of the ticket as evidence of their
attendance at the picnic.
(c) The employer
and the employee(s) may reach agreement to substitute any other day for the day
or days prescribed in subclauses (a) and (b) of this clause.
8. Terms of
Employment
(a) Employees,
other than casuals, shall be employed by the week and their engagement shall be
terminated only by a week's notice on either side, to be given at any time
during the week, or by the payment or forfeiture, as the case may be, of a
week's wages in lieu thereof. Provided that, for the first two weeks of
engagement of a new employee, the employment may be terminated at any time,
without notice.
(b) Nothing
contained in subclause (a) of this clause shall prevent an employer from
deducting payment for time lost by an employee or terminating the employment
without notice because of the employee's misconduct or neglect of duty.
9. Payment of Wages
(a) Wages shall be
paid each week by cash in the employer's time or, with the mutual agreement of
the employer and the employee, by electronic funds transfer (EFT) on a day not
later than Friday.
(b) When an
employee's services are terminated for reasons other than misconduct he/she
shall be paid immediately on such termination all moneys due to him/her or,
failing immediate payment, he/she shall be paid at the rate of the
classification under which he/she was last employed for all time until he/she
is paid. Where the employment is
terminated by reason of the employee's misconduct, he/she shall be paid all
wages due to him/her within twenty-four hours of such termination or he/she shall
be paid at the rate of the classification under which he/she was last employed
for all time until such payment is made.
10. Annual Leave
See Annual Holidays Act 1944.
NOTATION: A casual
employee is entitled to receive one twelfth of the ordinary earnings under the Annual
Holidays Act 1944, as pro rata annual leave, this as a separate item and in
addition to the ordinary hourly rate.
11. Annual Leave
Loading
(a) In this
clause, the Annual Holidays Act 1944 is referred to as "the
Act".
(b) Before an
employee is given and takes his/her annual holiday or where, by agreement
between the employer and the employee, the annual holiday is given and taken in
more than one separate period, then before each of such separate periods the
employer shall pay his/her employee a loading determined in accordance with
this clause. (NOTE: The obligation to
pay in advance does not apply where an employee takes an annual holiday wholly
or partly in advance - see subclause (f) of this clause.)
(c) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but excluding
days added to compensate for public or special holidays worked or public or
special holidays falling on an employee's rostered day off not worked) or,
where such a holiday is given and taken in separate periods, then in relation
to each such separate period. (NOTE: See subclause (f) of this clause as to
holidays taken wholly or partly in advance.)
(e) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (d) of this clause
at the rate per week of 17.5 per cent of the appropriate ordinary weekly time
rate of pay prescribed by this award for the classification in which the
employee was employed immediately before commencing his/her annual holiday,
together with leading hand allowance where applicable.
(f) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (e) of this clause applying the
award rates of wages payable on that day. This subclause applies where an
annual holiday has been taken wholly or partly in advance.
(g) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(i) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (e) of this clause.
(ii) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable to
him/her under the Act, such proportion of the loading that would have been
payable to him/her under this clause if he/she had become entitled to an annual
holiday prior to the close down as his/her qualifying period of employment in
completed weeks bears to 52.
(iii) Except as
provided by paragraph (i) of this subclause, no loading is payable on the
termination of an employee's employment.
(h) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he/she had not been on holiday; provided that,
if the amount to which the employee would have been entitled by way of shift
work allowance and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the employee would have worked
during the period of the holiday exceeds the loading calculated in accordance
with this clause, then that amount shall be paid to the employee in lieu of the
loading.
12. Sick Leave
(a) Each employee
on weekly hiring, who has completed three months continuous service and who is
absent from work on account of personal illness or injury by accident not
arising out of and in the course of his/her employment, shall be entitled to
leave of absence with pay, subject to the following conditions and limitations:
(i) An employee
unable to attend for duty shall endeavour to inform the employer, prior to the
normal commencing time and in any case within twenty four hours of the
commencement of such absence, of an inability to attend for duty and, as far as
practicable, state the nature of the illness or injury and the estimated
duration of the absence.
(ii) He/she shall
furnish such evidence as the employer may reasonably require 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.
(iii) Subject to
paragraph (ii) of this subclause, he/she shall not be entitled to sick pay for
more than thirty-eight hours in the first year of service, and he/she shall not
be entitled to more than sixty-one hours' sick pay in the second and subsequent
years of his/her employment.
(iv) On completion
of three months' continuous service with the employer, an employee shall be
entitled to be reimbursed for any such leave taken during that time, pursuant
to the terms of this clause.
(b) Sick leave
shall accumulate from year to year so that any balance of the period specified
in subclause (a) of this clause which has, in any one year, not been allowed to
an employee by an employer as paid sick leave may be claimed by the employee
and, subject to the conditions hereinbefore prescribed, shall be allowed by
that employer in any subsequent year without diminution of the sick leave
prescribed in respect of that year.
(c) Service with
an employer before the date of coming into force of this award shall be counted
as service for the purpose of qualifying thereunder.
13. Long Service
Leave
See Long Service Leave Act 1955.
14. Personal/Carer's
Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs
the employee's care and support, shall be entitled to use, in accordance with
this subclause, any current or accrued sick leave entitlement, provided for in
clause 12, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee, or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted
child, a step child, a foster child or an ex-nuptial child), parent (including
a foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1)
"relative" means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such
leave and the estimated length of absence. If it is not practicable for the
employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect, with the consent of the employer and subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate, which would have been
applicable to the hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its intention
to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15. Protective
Clothing
If required by the employee, the employer shall provide free
of charge to weekly employees suitable protective clothing. Such clothing shall
be issued in good condition and shall be retained by the employee during the
period of his/her employment. It shall be renewed by the employer when
required.
16. First-Aid
(a) A suitably
equipped first-aid kit shall be
provided in accordance with the Occupational Health and Safety (First Aid)
Regulation 1989 and shall be maintained continuously by the employer at the
nursery.
(b) Any employee
appointed by the employer to perform first-aid duties shall be paid, in
addition to his or her ordinary rate, an amount as set out in Item 1 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates.
(c) In the event
of any serious accident happening to any employee whilst at work or whilst
living at the employer's property, when travelling between his/her place of
residence or place of work or return, the employer shall, at his/her own
expense, provide transport facilities to the nearest hospital or doctor.
17. Change Rooms
The employer shall provide, free of charge, at each nursery
a change and meal room furnished with seats and tables for the use of
employees. Such room shall be used exclusively as a change and meal room.
18. Meal Allowance
(a) Unless an
employee has been notified on the previous working day of the requirement to
work overtime in excess of one and one-half hours after the usual ceasing time,
the employer shall provide either a meal free of charge or the employee shall
be paid the amount set out in Item 2 of Table 2 ¾ Other Rates and
Allowances, of Part B, Monetary Rates, in lieu of a meal. At the expiration of
each additional four hours of overtime, a further meal shall be provided by the
employer or payment of a further allowance as set out in the said Item 2 shall
be made. Meal breaks in this regard shall not be less than 20 minutes.
(b) Any employee
who has provided himself/herself with a meal after having been notified on the
previous working day that he/she would be required to work overtime in excess
of one and one-half hours after the time specified above and who then is not
required to work shall be paid the amount set out in the said Item 2.
19. Tools
All tools required by employees in the performance of their
work shall be provided free of charge by the employer. Such tools shall remain
the property of the employer and shall be returned to the employer by the
employee in the event of the employment being terminated.
20. Mixed Functions
(a) An employee
who is required to do work of a higher paid classification for two hours or
more on any day shall be paid for the whole ay at the rate prescribed for such
higher paid classification.
(b) An employee
who is required to do work of a higher paid classification for a period of less
than two hours shall be paid the higher rate for the time so engaged.
21. Dispute Procedure
The procedure for the resolution of industrial disputation
will be in accordance with section 14 of the Industrial Relations Act
1996. These procedural steps are:
(a) Procedure
relating to a grievance of an individual employee:
(i) 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.
(ii) 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.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) 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.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees for the purposes
of each procedure.
(b) Procedure
for a dispute between an employer and the employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
(c) Any grievance
or dispute not resolved in accordance with the above procedures shall be
referred to the Industrial Relations Commission of New South Wales and normal
work shall continue while the matter is before the Commission.
22. Travelling
Expenses
The employer shall pay to the employee all fares reasonably
incurred by the employee when he/she is required to travel to and from various
locations during his/her working period in addition to paying him/her for the
time incurred in such travel. Alternatively, the employer may provide transport
for such travel.
23. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of two days
bereavement leave without deduction of pay, on each occasion of the death of a
person in Australia as prescribed in subclause (iii) of this clause. Where the
death of a person as prescribed by the said subclause (iii) occurs outside
Australia, the employee shall be entitled to two days bereavement leave where
the employee travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 14,
Personal/Carer’s, 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 14. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
24. Jury Service
An employee on weekly hiring required to attend for jury
service during his/her ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of his/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. An employee shall notify his/her employer as
soon as practicable of the date upon which he/she is required to attend for
jury service and shall provide his/her employer with proof of his/her
attendance, the duration of such attendance and the amount received in respect
thereof.
25. Union Notices
Notices agreed to by the employer, authorised by The
Australian Workers Union, New South Wales, may be posted by the representatives
of the union at places on the works depot to be agreed upon with the employer.
26. Right of Entry of
Union Officials
Refer to Part 7 of Chapter 5 of the Industrial Relations
Act 1996 - Entry and inspection by Officers of Industrial Organisations.
27. Training Wage
(i) Application
(a) Subject to
paragraph (c) of this subclause, this clause shall apply to persons who are
undertaking a traineeship (as defined) and is to be read in conjunction with
the award, or any legally registered award or any former industrial agreement
of the Industrial Relations Commission of New South Wales which covers the
terms and conditions of employment of persons performing work covered by the
award.
(b) Notwithstanding
(a), this clause shall apply provisionally for an interim period:
(i) Starting upon
the commencement date as recorded on a valid "Application to Establish a
Traineeship" signed by both the employer and the Trainee, which has been
lodged with the Relevant NSW Training Authority; and
(2) Ending upon
the expiry of one calendar month period immediately following the employer’s
receipt of the Indenture Papers from the Relevant NSW Training Authority.
In any case, the duration for which this clause may
provisionally apply shall be no longer than two calendar months, or such longer
period as may be required to accommodate a delay in processing the
"Application to Establish a Traineeship" which is beyond the control
of the employer.
(c) The terms and
conditions of the award or any former industrial agreement of the Industrial
Relations Commission of New South Wales shall apply, except where inconsistent
with the award.
(d) Notwithstanding
the foregoing, this clause shall not apply to employees who were employed by an
employer under the award prior to the date of approval of a traineeship
relevant to the employer, except where agreed upon between the employer and the
relevant union(s).
(e) This clause
does not apply to the apprenticeship system or any training program which
applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at 27 April, 1998 or in an
award that binds the employer.
(f) At the
conclusion of the traineeship, this clause shall cease to apply to the
employment of the trainee.
(ii) Objective
The objective of this clause is to assist in the
establishment of a system of traineeships which provides approved training in
conjunction with employment in order to enhance the skill levels and future
employment prospects of trainees, particularly young people, and the long term
unemployed. The system is neither designed nor intended for those who are
already trained and job ready. It is not intended that existing employees shall
be displaced from employment by trainees. Nothing in this clause shall be taken
to replace the prescription of training requirements in the award.
(iii) Definitions
The Award means the Nurseries Employees (State) Award,
as varied.
Structured Training means that training which is
specified in the Training Plan which is part of the Training Agreement
registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a traineeship
scheme and involves formal instruction, both theoretical and practical, and
supervised practice. The training
reflects the requirements of a Traineeship approved by the relevant NSW
Training Authority and leads to a qualification set out in paragraph (f)
subclause (iv).
Relevant Union means a union party to the making of the
Award and which is entitled to enrol the Trainee as amember.
Trainee is an individual who is a signatory to a
training agreement registered with the relevant NSW Training Authority and is
involved in paid work and structured training which may be on or off the
job. A trainee can be full-time,
part-time or school-based.
Traineeship means a system of training which has been
approved by the relevant NSW Training Authority, and includes full time
traineeships and part time traineeships including school-based traineeships.
Training Agreement means an instrument which
establishes a Traineeship under the Industrial and Commercial Act 1989. (Note:
Under the Industrial and Commercial Training Act 1989 a training
agreement is also referred to as an indenture).
Training Plan means a programme of training which forms
part of a Training Agreement registered with the Relevant NSW Training
Authority.
School-Based Trainee is a student enrolled in the
Higher School Certificate, or equivalent qualification, who is undertaking a
traineeship which forms a recognised component of their HSC curriculum, and is
endorsed by the relevant NSW Training Authority and the NSW Board of Studies as
such.
Relevant NSW Training Authority means the Department of
Education and Training, or successor organisation.
Year 10 For the
purposes of this clause any person leaving school before completing Year 10
shall be deemed to have completed Year 10.
(iv) Training
Conditions
(a) The Trainee
shall attend an approved training course or training program prescribed in the
Training Agreement or as notified to the trainee by the Relevant NSW Training
Authority in an accredited and relevant traineeship.
(b) A Traineeship
shall not commence until the relevant Training Agreement, has been signed by
the employer and the trainee and lodged for registration with the Relevant NSW
Training Authority.
(c) The employer
shall ensure that the Trainee is permitted to attend the training course or
program provided for in the Training Agreement and shall ensure that the
Trainee receives the appropriate on-the-job training.
(d) The employer
shall provide a level of supervision in accordance with the Training Agreement
during the traineeship period.
(e) The employer
agrees that the overall training program will be monitored by officers of the
Relevant NSW Training Authority and that training records or work books may be
utilised as part of this monitoring process.
(f) Training
shall be directed at:
(i) the
achievement of key competencies required for successful participation in the
workplace (eg. literacy, numeracy, problem solving, team work, using
technology) and an Australian Qualification Framework Certificate Level I.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(ii) the
achievement of key competencies required for successful participation in an
industry or enterprise (where there are endorsed national standards these will
define these competencies) as are proposed to be included in an Australian
Qualification Framework Certificate Level II or above.
(v) Employment
Conditions
(a) A Trainee
shall be engaged as a full-time employee for a maximum of one year's duration
or a part-time trainee for a period no greater than the equivalent of one year
full-time employment.
For example, a part-time trainee working 2 ½ days per
week (including the time spent in approved training) works (and trains) half
the hours of a full-time trainee and therefore their traineeship could extend
for a maximum of two years.
In any event, unless the Relevant NSW Training
Authority directs, the maximum duration for a traineeship shall be thirty six
months.
By agreement in writing, and with the consent of the
relevant NSW Training Authority, the relevant employer and the Trainee may vary
the duration of the Traineeship and the extent of approved training provided
that any agreement to vary is in accordance with the relevant Traineeship.
(b) A trainee
shall be subject to a satisfactory probation period of up to one month which
may be reduced at the discretion of the employer.
(c) Where the
trainee completes the qualification in the Training Agreement, earlier than the
time specified in the Training Agreement then the traineeship may be concluded
by mutual agreement.
(d) A traineeship
shall not be terminated before its conclusion, except in accordance with the Industrial
and Commercial Training Act 1989, or by mutual agreement.
An employer who chooses not to continue the employment
of a trainee upon the completion of the traineeship shall notify, in writing,
the Relevant NSW Training Authority of their decision.
(e) The Trainee
shall be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the approved training in accordance with the
Training Agreement.
(f) Where the
employment of a Trainee by an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of the award or any other legislative entitlements.
(g)
(i) The
Traineeship Agreement may restrict the circumstances under which the Trainee
may work overtime and shiftwork in order to ensure the training program is
successfully completed.
(ii) No Trainee
shall work overtime or shiftwork on their own unless consistent with the
provisions of the award.
(iii) No Trainee
shall work shiftwork unless the relevant parties to the award agree that such
shiftwork makes satisfactory provision for approved training. Such training may
be applied over a cycle in excess of a week, but must average over the relevant
period no less than the amount of training required for non-shiftwork Trainees.
(iv) The Trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the award.
(h) All other
terms and conditions of the award that are applicable to the Trainee or would
be applicable to the Trainee but for this clause shall apply unless
specifically varied by this clause.
(i) A Trainee who
fails to either complete the Traineeship or who cannot for any reason be placed
in full time employment with the employer on successful completion of the
Traineeship shall not be entitled to any severance payment.
The following employment conditions apply specifically
to part-time and school-based trainees -
(j) A part time
trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full time trainee. All
the provisions of clause shall apply to part time trainees except as specified
in this subclause.
(k) A part time
trainee may, by agreement, transfer from a part time to a full time traineeship
position should one become available.
(l) The minimum daily
engagement periods applying to part-time employees specified in the award shall
also be applicable to part time trainees.
Where there is no provision for a minimum daily
engagement period in the Parent Award(s) or other industrial instrument(s), applying
to part-time employees, then the minimum start per occasion shall be 3
continuous hours, except in cases where it is agreed that there shall be a
start of 2 continuous hours, on 2 or more days per week, provided that:
(i) a 2 hour
start is sought by the employee to accommodate the employee’s personal
circumstances, or
(ii) the place of
work is within a distance of 5km from the employee’s place of residence.
(m) School-based
trainees shall not be required to attend work during the interval starting four
weeks prior to the commencement of the final year Higher School Certificate
Examination period and ending upon the completion of the individual’s last HSC
examination paper.
(n) For the
purposes of this clause, a school-based trainee shall become an ordinary
trainee as at January 1 of the year following the year in which they ceased to
be a school student.
(vi) Wages -
Full-Trainees
(a) The weekly
wages payable to full time trainees shall be as prescribed in Part C of the
award, as follows:
|
Industry/Skill Level A
|
Table 1 A
|
|
Industry/Skill Level B
|
Table 1B
|
|
Industry Skill Level C
|
Table 1C
|
|
School-Based Trainees
|
Table 1D
|
(b) These wage
rates will only apply to Trainees while they are undertaking an approved
Traineeship which includes approved training as defined in this clause.
(c) The wage rates
prescribed in this clause do not apply to complete trade level training which
is covered by the Apprenticeship system.
(d) The rates of
pay in this clause include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
(e) Appendix A
sets out the skill level of a traineeship.
The industry/skill levels contained in Appendix A are illustrative of
the appropriate levels but are not determinative of the actual skill levels
(i.e., skill levels A, B or C) that may be contained in a traineeship scheme.
The determination of the appropriate skill level for the purpose of determining
the appropriate wage shall be based on the following criteria:
(i) Any agreement
of the parties or submission by the parties
(ii) The nature of
the industry
(iii) The total
training plan
(iv) Recognition
that training can be undertaken in stages
(v) The exit skill
level in the award contemplated by the traineeship.
In the event that the parties disagree with such
determination, it shall be open to any party to the award to seek to have the
matters in dispute determined by the Industrial Relations Commission of New
South Wales.
(f) For the
purposes of this provision, "out of school" shall refer only to
periods out of school beyond Year 10, and shall be deemed to:
(i) include any
period of schooling beyond Year 10 which was not part of nor contributed to a
completed year of schooling;
(ii) include any
period during which a Trainee repeats in whole or part a year of schooling
beyond Year 10;
(iii) not include
any period during a calendar year in which a year of schooling is completed;
and
(iv) have effect on
an anniversary date being January 1 in each year.
Wages for Part-Time and School-Based Trainees
(a) This clause
shall apply to trainees who undertake a traineeship on a part time basis by
working less than full time ordinary hours and by undertaking the approved
training at the same or lesser training time than a full-time trainee.
(b) Table 1E -
Hourly Rates for Trainees Who Have Left School and Table 1F - Hourly Rates for
School-based Traineeships of Part B, Monetary Rates, are the hourly rates of
pay where the training is either fully off-the-job or where 20% of time is
spent in approved training. These rates are derived from a 38 hour week.
(c) The hours for
which payment shall be made are determined as follows:
(i) Where the
approved training for a traineeship (including a school based traineeship) is
provided off-the-job by a registered training organisation, for example at
school or at TAFE, these rates shall apply only to the total hours worked by
the part time trainee on-the-job.
(ii) Where the
approved training is undertaken on-the-job or in a combination of on-the-job
and off-the-job, and the average proportion of time to be spent in approved
training is 20% (ie. the same as for the equivalent full time traineeship):
(1) If the
training is solely on-the-job, then the total hours on-the-job shall be
multiplied by the applicable hourly rate, and then 20 per cent shall be
deducted.
(2) If the
training is partly on-the-job and partly off-the-job, then the total of all
hours spent in work and training shall be multiplied by the applicable hourly
rate, and then 20 per cent shall be deducted.
Note: 20 per cent is the average proportion of time
spent in approved training which has been taken into account in setting the
wage rates for most full time traineeships.
(iii) Where the
normal full time weekly hours are not 38 the appropriate hourly rate may be
obtained by multiplying the rate in the table by 38 and then dividing by the
normal full time hours.
(d) For
traineeships not covered by 8(b) above, the following formula for the
calculation of wage rates shall apply:
The wage rate shall be pro-rata the full time rates
based on variation in the amount of training and/or the amount of work over the
period of the traineeship which may also be varied on the basis of the
following formula:
Wage = Full time wage rate
x Trainee hours - average
weekly training time
30.4*
* Note: 30.4
in the above formula represents 38 ordinary full time hours less the average
training time for full time trainees (ie. 20%) a pro rata adjustment will need
to be made in the case where the Parent Award specifies different ordinary full
time hours: for example where the ordinary weekly hours are 40, 30.4 will be
replaced by 32.
(i) "Full
time wage rate" means the appropriate rate as set out in Table 1A -
Industry/Skill Level A, Table 1B - Industry/Skill Level B, Table 1C -
Industry/Skill Level C and Table 1D - School-based Traineeships, of Part B,
Monetary Rates.
(ii) "Trainee
hours" shall be the hours worked per week including the time spent in
approved training. For the purposes of
this definition, the time spent in approved vocational training may be taken as
an average for that particular year of the traineeship.
(iii) "Average
weekly training time" is based upon the length of the traineeship
specified in the traineeship agreement or training agreement as follows:
Average Weekly
Training Time = 7.6 x 12
length of the
traineeship in months
Note 1: 7.6
in the above formula represents the average weekly training time for a full
time trainee whose ordinary hours are 38 per week a pro rata adjustment will
need to be made in the case where the Parent Award specifies different ordinary
time hours for example, where the ordinary weekly hours are 40, 7.6 will be
replaced by 8.
Note 2: The
parties note that the traineeship agreement will require a trainee to be
employed for sufficient hours to complete all requirements of the traineeship,
including the on the job work experience and demonstration of competencies the
parties also note that this would result in the equivalent of a full day’s on
the job work per week.
Example of the calculation for the wage rate for a part time
traineeship
A school student commences a traineeship in year 11 the
ordinary hours of work in the Parent Award are 38. The training agreement
specifies two years (24 months) as the length of the traineeship.
"Average weekly training time" is therefore 7.6 x
12/24 = 3.8 hours.
"Trainee hours" totals 15 hours; these are made up
of 11 hours work which is worked over two days of the week plus 1-1/2 hours on
the job training plus 2-1/2 hours off the job approved training at school and
at TAFE.
So the wage rate in year 11 is:
$181 x 15 - 3.8 = $66.68 plus any applicable penalty
rates under the Parent Award.
30.4
The wage rate varies when the student completes year 11 and
passes the anniversary date of 1 January the following year to begin year 12
and/or if "trainee hours" changes.
28. Anti
-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect :
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 provides :
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
29. Redundancy
(i) Application
(a) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in this award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees, in the terms of subclause (iv)
of this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not more than to give such employees an
indication of the impending redundancy at the
first reasonable opportunity and to take such steps as may be reasonable
to facilitate the obtaining by the employees of suitable employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Employer's
Duty to Notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the
employer shall notify the employees who may be affected by the proposed
changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
Duty to Discuss Change
(1) The employer shall discuss with the employees affected and the union to
which they belong, inter alia, the introduction of the changes referred to in
paragraph (a) of this subclause, the effects the changes are likely to have on
employees and measures to avert or mitigate the adverse effects of such changes
on employees, and shall give prompt consideration to matters raised by the
employees and/or the union in relation to the changes.
(2) The discussions
shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in the said paragraph
(a).
(3) For the
purposes of such discussions, 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 the employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
(a) Discussions
Before Terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii), Introduction of Change, and that decision may
lead to the termination of employment, the employer shall hold discussions with
the employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph (1)
of this paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purpose of the discussion the employer shall, as soon as is practicable,
provide to the employees concerned and the union to which they belong, all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(iv) Termination
of Employment
(a) Notice for
Changes in Production, Programme, Organisation or Structure.
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
programme, organisation or structure, in accordance with subparagraph (1) of
paragraph (a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service Period of Notice
Less than 1 year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years continuous service, shall be entitled to
an additional week's notice.
(3) Payment in
lieu of 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 of
Technological Change
This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this
clause.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(2) Payment in
lieu of notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time Off
During the Notice Period
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving during the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(e) Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible, given
relevant information, including the number and categories of employees likely
to be affected and the period over which the terminations are intended to be
carried out.
(g) Centrelink -
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by the Centrelink.
(h) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii) of
this clause, the employee shall be entitled to the same period of notice of
transfer as the employee would have been entitled to if the employee's
employment had been terminated and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rate for the number of weeks notice still owing.
(v) Severance
Pay
(a) Where the
employment of an employee is to be terminated pursuant to paragraph (a) of
subclause (iv) of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the following
severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year
Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14
weeks
6 years and over 16
weeks
(2) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5
weeks
6 years and over 20
weeks
(3) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(b) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph (a) of
this subclause.
The Industrial Relations Commission 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 the said paragraph (a) 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 the said paragraph (a) if the employer
obtains acceptable alternative employment for an employee.
(vi) Saving
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 agreement,
taken as a whole, between the union and any employer bound by this award.
30. Superannuation
(i) 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 s124 of
the Industrial Relations Act 1996 (NSW). This legislation, as varied
from time to time, governs the superannuation rights and obligations of the
parties.
(ii) Subject to
the requirements of this legislation, superannuation contributions may be made
to:
(1) A.S.B.A (The
Australian Small Business Association Superannuation Fund); or
(2) ASSET
(Australian Superannuation Savings Employment Trust); or
(3) APS
(Australian Public Superannuation Fund); or
(4) Such other
funds that comply with the requirements of this legislation.
31. Area, Incidence
and Duration
This award rescinds and replaces the Nurseries Employees
(State) Award published 19 September 1997 (301 I.G. 97), as varied. It shall
apply to all employees within the jurisdiction of the Nurseries Employees
(State) Industrial Committee.
It shall take effect from the first full pay period to
commence on or after 18 January 2001 and shall continue for a nominal term of
twelve months
All employees who are employed in industries within the
meaning of section 7 of the Industrial Relations Act 1996:
(1) in nurseries;
or
(2) at clearing, fencing,
trenching, draining or otherwise
preparing land for the abovementioned purposes;
within the State, except persons within the jurisdiction of
the following Industrial Committees:
Horticultural and Garden Employees (State);
Fruit Growing Industry (State).
PART B
MONETARY RATES
Table 1 ¾ Wage
Rates
The minimum rates of wage for classifications shall, subject
to the other provisions of this award, be the weekly rate appearing after each
classification:
(1) Adult
Employees -
|
Classification
|
Current Rate
Per week
$
|
SWC 2000
$
|
Total Rate per week
$
|
|
Senior Nursery Tradesperson
|
518.90
|
15.00
|
533.90
|
|
Nursery Tradesperson
|
477.20
|
15.00
|
492.20
|
|
Mobile Nursery Person
|
448.00
|
15.00
|
463.00
|
|
Trainee Nursery Person
|
427.20
|
15.00
|
442.20
|
|
Micro ¾ Propagation Processor
|
427.20
|
15.00
|
442.20
|
|
Nursery Hand
|
406.30
|
15.00
|
421.30
|
(2) Apprentices ¾
Percentage of the Nursery
Tradesperson
Rate
Year Indentured Trainee
% %
1st Year 55 58
2nd Year 65 67
3rd Year 75 76
4th Year 90 91
(3) Junior Employees
¾
Percentage of
the Appropriate
Age Adult Rate
%
Under 17 years of age 60
At 17 years of age 70
At 18 years of age 80
At 19 years of age 90
At 20 years of age Adult
Rate
Table 2 ¾ Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
16(b)
|
First Aid
|
1.50
|
|
2
|
18(a)
|
Meal Allowance
|
6.90
|
APPENDIX A ¾
INDUSTRY/SKILL LEVELS
Industry/Skill Level A - Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B - Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C - Community Services and Health
Pastoral
Environmental
Wholesale and Retail
PART C
Training Wage
Table 1A -
Industry/Skill Level A
Where the accredited training course and work performed are
for the purposes of generating skills which have been defined for work at
industry/skill level A.
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
241.00
|
|
Plus 1 year out of school
|
198.00
|
241.00
|
281.00
|
|
Plus 2 years
|
241.00
|
281.00
|
327.00
|
|
Plus 3 years
|
281.00
|
327.00
|
374.00
|
|
Plus 4 years
|
327.00
|
374.00
|
|
|
Plus 5 years or more
|
374.00
|
|
|
From the first full pay period to commence on or after 18
January 2001.
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
171.00
|
205.00
|
249.00
|
|
Plus 1 year out of school
|
205.00
|
249.00
|
290.00
|
|
Plus 2 years
|
249.00
|
290.00
|
337.00
|
|
Plus 3 years
|
290.00
|
337.00
|
386.00
|
|
Plus 4 years
|
337.00
|
386.00
|
|
|
Plus 5 years or more
|
386.00
|
|
|
From the first full pay period to commence on or after 18
July 2001.
Table 1b ¾ Industry/Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill level B.
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
231.00
|
|
Plus 1 year out of school
|
198.00
|
231.00
|
266.00
|
|
Plus 2 years
|
231.00
|
266.00
|
312.00
|
|
Plus 3 years
|
266.00
|
312.00
|
356.00
|
|
Plus 4 years
|
312.00
|
356.00
|
|
|
Plus 5 years or more
|
356.00
|
|
|
From first full pay period to commence on or after 18
January 2001.
|
Highest Year of
Schooling Completed
|
|
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
171.00
|
205.00
|
239.00
|
|
Plus 1 year out of school
|
205.00
|
239.00
|
275.00
|
|
Plus 2 years
|
239.00
|
275.00
|
323.00
|
|
Plus 3 years
|
275.00
|
323.00
|
368.00
|
|
Plus 4 years
|
323.00
|
368.00
|
|
|
Plus 5 years or more
|
368.00
|
|
|
From first full pay period to commence on or after 18 July
2001.
Table 1c ¾ Industry/Skill Level C
Where accredited training course and work performed are for
the purpose of generating skills which have been defined for work at
industry/skill level C.
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
221.00
|
|
Plus 1 year out of school
|
198.00
|
221.00
|
248.00
|
|
Plus 2 years
|
221.00
|
248.00
|
278.00
|
|
Plus 3 years
|
248.00
|
278.00
|
311.00
|
|
Plus 4 years
|
278.00
|
311.00
|
|
|
Plus 5 years or more
|
311.00
|
|
|
From the first full pay period to commence on or after 18
January 2001.
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
School Leaver
|
171.00
|
205.00
|
230.00
|
|
Plus 1 year out of school
|
205.00
|
230.00
|
258.00
|
|
Plus 2 years
|
230.00
|
258.00
|
289.00
|
|
Plus 3 years
|
258.00
|
289.00
|
323.00
|
|
Plus 4 years
|
289.00
|
323.00
|
|
|
Plus 5 years or more
|
323.00
|
|
|
From the first full pay period to commence on or after 18
July 2001.
Table 1d ¾ School Based Traineeship
Year of Schooling
Year 11 Year 12
($) ($)
School Based Traineeships
Skill Levels A, B and C 181.00 198.00
From the first full pay period to commence on or after 18
January 2001.
Year of
Schooling
Year 11 Year 12
($) ($)
School Based Traineeships
Skill Levels A, B and C 187.00 205.00
From the first full pay period to commence on or after 18
July 2001.
Table 1e ¾ Hourly Rates for Trainees Who Have Left School
|
Skill Level A
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
5.43
|
6.51
|
7.93
|
|
Plus 1 year after leaving school
|
6.51
|
7.93
|
9.24
|
|
Plus 2 years
|
7.93
|
9.24
|
10.76
|
|
Plus 3 years
|
9.24
|
10.76
|
12.30
|
|
Plus 4 years
|
10.76
|
12.30
|
|
|
Plus 5 years or more
|
12.30
|
|
|
|
Skill Level B
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
5.43
|
6.51
|
7.60
|
|
Plus 1 year after leaving school
|
6.51
|
7.60
|
8.75
|
|
Plus 2 years
|
7.60
|
8.75
|
10.26
|
|
Plus 3 years
|
8.75
|
10.26
|
11.71
|
|
Plus 4 years
|
10.26
|
11.71
|
|
|
Plus 5 years or more
|
11.71
|
|
|
|
Skill Level C
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
5.43
|
6.51
|
7.93
|
|
Plus 1 year after leaving school
|
6.51
|
7.93
|
8.16
|
|
Plus 2 years
|
7.93
|
8.16
|
9.14
|
|
Plus 3 years
|
8.16
|
9.14
|
10.23
|
|
Plus 4 years
|
9.14
|
10.23
|
|
|
Plus 5 years or more
|
10.23
|
|
|
From the first full pay period to commence on or after 18
January 2001.
|
Skill Level A
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
6.15
|
6.74
|
8.19
|
|
Plus 1 year after leaving school
|
6.74
|
8.19
|
9.54
|
|
Plus 2 years
|
8.19
|
9.54
|
11.09
|
|
Plus 3 years
|
9.54
|
11.09
|
12.70
|
|
Plus 4 years
|
11.09
|
12.70
|
|
|
Plus 5 years or more
|
12.70
|
|
|
|
Skill Level B
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
6.15
|
6.74
|
7.86
|
|
Plus 1 year after leaving school
|
6.74
|
7.86
|
9.05
|
|
Plus 2 years
|
7.86
|
9.05
|
10.63
|
|
Plus 3 years
|
9.05
|
10.63
|
12.11
|
|
Plus 4 years
|
10.63
|
12.11
|
|
|
Plus 5 years or more
|
12.11
|
|
|
|
Skill Level C
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
6.15
|
6.74
|
7.57
|
|
Plus 1 year after leaving school
|
6.74
|
7.57
|
8.49
|
|
Plus 2 years
|
7.57
|
8.49
|
9.51
|
|
Plus 3 years
|
8.49
|
9.51
|
10.63
|
|
Plus 4 years
|
9.51
|
10.63
|
|
|
Plus 5 years or more
|
10.63
|
|
|
From the first full pay period to commence on or after 18
July 2001.
Table 1f ¾ Hourly Rates for School Based Traineeships
|
|
Year of
Schooling
|
|
|
Year 11
|
Year 12
|
|
Skills levels A, B and C
|
5.95
|
6.51
|
From the first full pay period to commence on or after 18
January 2001.
|
|
Year of
Schooling
|
|
|
Year 11
|
Year 12
|
|
Skills levels A, B and C
|
6.15
|
6.74
|
From the first full pay period to commence on or after 18
July 2001.
D. S. McKENNA, Commissioner.
____________________
Printed by authority of the Industrial Registrar.