MISCELLANEOUS WORKERS' INDEPENDENT SCHOOLS AND COLLEGES, &C. (STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC2377, 2384, 2391 and 2420 of 1999)
Before Mr Deputy
President Sams
|
7 September 2000
|
REVIEWED AWARD
PART A
1. Title
This Award shall be known as the Miscellaneous Workers’
Independent Schools and Colleges, &c. (State) Award.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
4. Contract of
Employment
5. Redundancy
6. Stand Down
7. Hours
8. Implementation
of 38-Hours Week
9. Rest Pause
10. Meal Breaks
11. Overtime
12. Call Back
13. Wages and
Classification Structure
14. Part-time and
Casual Employees
15. Allowances
16. Shift
Allowances
17. Board and
Lodging
18. Sick Leave
19. Carer's Leave
20. Catholic
Personal/Carer's Leave
21. Holidays
22. Saturday and
Sunday Work
23. Payment of
Wages
24. Annual Leave
25. Annual Leave
Loading
26. Long Service
Leave
27. Miscellaneous
Conditions
28. Higher Duties
29. Bereavement
Leave
30. Bereavement
Leave (Catholic Standard)
31. Attendance at
Repatriation Centres
32. Dispute and
Industrial Grievance Procedure
33. Apprenticeship
Trades
34. Occupational
Health and Safety
35. Labour
Flexibility
36. Superannuation
37. Commitment to
Training
38. Saving Clause
39. Anti-Discrimination
40. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Table 3 - Classification Guide
PART C - Industries
and Callings
3. Definitions
(i) "Award"
shall mean the Miscellaneous Workers’ - Independent Schools and Colleges,
&c. (State) Award.
(ii) "Basic
Earnings" shall mean the minimum weekly or hourly rate of pay prescribed
for the employee by the award.
(iii) "Weekly
Employee" means an employee employed and paid by the week by a
denominational or educational school or college to whom the Miscellaneous
Workers' - Independent Schools and Colleges, &c. (State) Award applies, and
includes an apprentice unless specified to the contrary.
(iv) "Part-time
Employee" means a weekly employee who works a constant number of ordinary
hours less than 38 per week.
(v) "Casual
Employee" means an employee engaged and paid as such, but shall not
include employees who are required to work a constant number of ordinary hours
each week.
(vi) "General
Service Stream" means employees previously classified under the General
Services Section of the Miscellaneous Workers' - Independent Schools and
Colleges, &c. (State) Award published 12 October 1990 (259 I.G. 631) as
varied.
(vii) "Domestic
Stream" means employees previously classified under the Domestic Staff
Section of the said award referred to in subclause (vi) of this clause.
(viii) "Maintenance
Outdoor Stream" means employees previously classified under paragraph (B),
Other than Domestic Staff, of subclause (i), of clause 10, Wages, of the said
award referred to in subclause (vi) of this clause.
(ix) "Employer"
means the employer of an employee to whom the award applies.
(x) "Day"
means the period from midnight to midnight.
(xi) "Seven-Day
Shift Worker" means an employee who may be regularly rostered to work
ordinary hours of work on Saturdays, Sundays and public holidays.
(xii) "Union"
means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
(xiii) "Fund"
means either:
(a) the New South
Wales Non-Government Schools Superannuation Fund; or
(b) any other
superannuation fund approved in accordance with the Commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to the award in respect of that employee including any Catholic Diocesan
superannuation fund which is approved in accordance with the standards and is
approved by the employer.
(xiv) "Night
Shift" means any shift finishing subsequent to midnight and at or before
8.00 a.m. or any shift commencing at or after midnight and before 5.00 a.m.
(xv) "Afternoon
Shift" means any shift finishing after 6.00 p.m. and at or before
midnight.
(xvi) "Early
Morning Shift" means any shift commencing at or after 5.00 a.m. and before
6.30 a.m.
(xvii) "Night
Shift Non-Rotating" means any shift system in which night shifts are
worked which do not rotate or alternate with another shift so as to give the
employee at least one-third of the employee's working time off night shift in
each roster cycle.
(xviii) "Non-Government School" means a
denominational or education school or college.
(xix) "University
College" means a college of residence within a recognised University.
(xx) "Diocesan
School" means a Catholic School operated by the Archdiocese of Sydney or
Canberra/Goulburn or the Diocese of Armidale, Bathurst, Broken Bay, Lismore,
Maitland, Parramatta, Wagga Wagga, Wilcannia/Forbes or Wollongong.
4. Contract of
Employment
(i) Except for
the first week of employment, the employment of a weekly employee may be
terminated by a week's notice given by either party or by the payment or
forfeiture, as the case may be, of one week's wages in lieu of such notice. This shall not affect the right of the
employer to dismiss any employee without notice for misconduct and in such
cases wages shall be paid up to time of dismissal only.
During the first week of employment the employment may
be terminated by a day's notice given by either party.
An employee, at the point of engagement, shall be
notified whether his or her employment is for a probationary period of one
week.
Any employee who is notified upon engagement that
probation applies for a period of a week may be dismissed before the expiration
of such period and in such case shall be considered a casual employee and shall
be paid the rates prescribed for a casual employee in clause 13, Wages and
Classification Structure and clause 14, Part-time and Casual Employees.
Employees covered by this award shall perform all work
within their skill and competence including work which is incidental or
peripheral to their main tasks or functions.
The employment of any employee other than a casual
employee or a resident caretaker shall be terminated only by one week's notice
or by the payment or forfeiture, as the case may be, of one week's wages in
lieu thereof.
The employment of a resident caretaker engaged by the
week shall be terminated only by three week's notice or by the payment or
forfeiture, as the case may be, of three week's wages in lieu thereof.
(ii) The
employment of a casual employee may be terminated by one hour's notice.
(iii) Notwithstanding
the provisions of subclause (i) of this clause, where, on account of the introduction
or proposed introduction by an employer of mechanisation or technological
changes in the industry in which the employee is engaged, the employer
terminates the employment of an employee who has been employed by the employer
for the preceding 12 months, the employer shall give the employee three months'
notice of the termination of employment; provided that, if the employer fails
to give such notice in full -
(a) the employer
shall pay the employee at the rate specified for the employee's ordinary
classification in clause 13, Wages and Classification Structure, for a period
equal to the difference between three months and the period of the notice
given; and
(b) the period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purpose of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of those
Acts; and provided further, that the
right of the employer summarily to dismiss an employee for the reasons
specified in subclause (i) of this clause, shall not be prejudiced by the fact
that the employee has been given notice pursuant to this subclause of the
termination of employment.
(iv) On the
termination of employment, the employer shall, at the request of the employee,
give to such employee a statement signed by the employer stating the period of
employment, the class of work employed upon and when the employment terminated.
(v) Employees
terminating employment shall be paid all wages and other monies due forthwith,
including any payments which may be due in lieu of annual leave and/or long
service leave.
5. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full-time and part-time employees as set out in
clause 13, Wages and Classification Structure.
(b) In respect to
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of subclause (v) of this
clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(iii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (ii) of
this clause, the effect the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The 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 subclause (ii).
(c) For the
purpose 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 effect
of the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Discussions
Before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause (ii) of this clause and that decision may lead to the termination
of employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purposes of the discussions the employer shall, as soon as practicable, provide
to the employees concerned, and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, the number of workers normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(v) Notice for
Changes in Production, Program, Organisation or Structure - This subclause sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure in
accordance with paragraph (a) of subclause (ii) of this clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of continuous service Period of Notice
Less than 1 year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(vi) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (a) of subclause (ii) of this clause:
(a) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(vii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(viii) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(ix) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(x) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(xi) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by the
Centrelink.
(xii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated
and the employer may, at the employer's option, make payment in lieu thereof of
an amount equal to the difference between the former ordinary-time rate of pay
and the new ordinary-time rates for the number of weeks of notice still owing.
(xiii) Severance Pay
- Where an employee is to be terminated pursuant to subclause (v) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5 weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
(c) "Week's
Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and all-purpose allowances paid in
accordance with this award.
(xiv) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (xiii) of this
clause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
subclause (xiii) will have on the employer.
(xv) 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 the severance
pay than that contained in subclause (xiii) if the employer obtains acceptable
alternative employment for an employee.
(xvi) Procedures
Relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 32, Disputes and Industrial Grievance
Procedure.
6. Stand Down
(i) Notwithstanding
clause 4, Contract of Employment and subject to clause 8, Implementation of
38-Hour Week, an employee may be stood down on leave of absence without pay
during all school vacation periods when no work is available; provided that the
contract of employment shall be deemed not to have been broken for all award
and statutory purposes by such leave of absence during vacation periods. Provided further, that where the employment
of an employee is terminated by the employer in accordance with the provisions
of the said clause 4, through no fault of the employee within one week of the
end of any school term or during the following vacation, and such employee
whose services are so terminated is re-employed by the same employer before the
expiration of two weeks after the commencement of the next school term, the
contract of employment shall not be deemed to have been broken for the purposes
of the Long Service Leave Act 1955. Any
period of non-employment for any such employee who is so re-employed shall not
count as qualifying service for the purposes of such Act.
(ii) Notwithstanding
the provisions herein prescribed, an employee employed in the General Services
Stream may not be stood down on leave of absence without pay during school
vacation periods.
(iii) Where a
school or other establishment is unable to provide work during a vacation
period for employees other than those identified in subclause (ii) of this
clause, the employee may accrue a rostered day off in accordance with subclause
(d) of clause 8, Implementation of 38-Hour Week, such days to be paid during
the period of unpaid stand down.
7. Hours
(i) Notice of
Hours - All Employees - The employer shall fix the employee's ordinary hours of
work and the ordinary time of meal breaks which shall be displayed in a
conspicuous place accessible to the employees and such hours shall not be
changed, without payment of overtime, for work done outside the fixed hours
unless seven days' notice of any change of hours is given by the employer to
the employee; provided that such seven
days' notice shall not be required if any change of hours is by mutual
agreement between the employer and the employee.
(ii) Domestic
Stream -
(a) Subject to
clause 8, Implementation of 38-Hour Week, the ordinary hours of employees on
the domestic staff, exclusive of meal breaks, shall not, without payment of
overtime, exceed an average of 38 hours in any roster period of seven
consecutive days and shall be worked on each day in either one, two or three
shifts on not more than five days of each week subject to payment of a broken
shift allowance provided in clause 16 Shift Allowances; provided that broken
shifts shall only be worked as follows:
In the case of resident employees - not more than three
shifts per day.
In the case of non-resident employees - not more than
two shifts per day.
(b) Subject to
clause 11, Overtime, the spread of hours shall not exceed 13 in any one day
between the hours of 6.30 a.m. and 7.30 p.m. in schools and between 6.30 a.m.
and 8.00 p.m. in other establishments.
(iii) General
Services Stream -
(a) The ordinary
working hours, exclusive of meal times, shall not exceed an average of 38 per
week or eight per day.
(b) The ordinary
hours of day work cleaners shall be worked between the hours of 6.30 a.m. and
6.00 p.m., Monday to Friday inclusive, and may be worked in two shifts daily,
subject to payment of a broken shift allowance provided in clause 16, Shift
Allowances. Provided that on each day,
Monday to Friday inclusive, the starting time may commence 30 minutes earlier
than that provided herein or, the ceasing time may be extended by 30 minutes,
or this 30 minutes may be divided between the starting and ceasing time, if
mutually agreed to between the employer and the cleaner.
(c) Subject to the
payment of shift allowances in accordance with clause 16, Shift Allowances, the
hours for shift workers shall be as follows:
(1) Afternoon
Shift Workers - Any shift finishing after 6.00 p.m. and finishing at or before
12 midnight, Monday to Friday inclusive, to be worked in one shift of no more
than eight hours daily.
(2) Early Morning
Shift Workers -- Any shift commencing at or after 5.00 a.m. and before 6.30
a.m. Monday to Friday inclusive, to be worked in one shift daily of no more
than eight hours' duration.
(3) Night Shift
Workers - Shifts of not more than eight hours each, finishing subsequent to
midnight and at or before 8.00 a.m. on the succeeding day (Sunday to Friday) or
five shifts of not more than eight hours between 6.00 p.m. and 6.30 a.m. on
each day, Monday to Saturday inclusive.
(4) Broken Shift -
Between the hours of 6.30 a.m. and 6.00 p.m., Monday to Friday inclusive, to be
worked in not more than two shifts daily.
(iv) Caretakers -
(a) The ordinary
working hours shall be an average of 38 per week which shall be worked in
shifts totalling no more than eight hours' duration, Monday to Friday
inclusive.
Provided that in establishments operating from Monday
to Sunday the ordinary working hours shall be an average of 38 per week which
shall be worked in five days of no more than eight hours duration, Monday to
Sunday inclusive.
(b) The employer
shall fix the time for working such hours on such days in one, two or three
shifts.
(v) Maintenance
Outdoor Stream - Subject to clause 8, Implementation of 38-Hour Week, the
ordinary hours of employees not covered by subclauses (ii) to (iv) of this
clause, exclusive of meal breaks shall not, without payment of overtime, exceed
an average of 38 hours per week to be worked in five days, Monday to Friday
inclusive, provided that work performed up to 12 noon on Saturday only on
essential watering duties or marking playing field areas which cannot be
performed Mondays to Fridays may be regarded as ordinary hours if the employee is
allowed, without loss of pay, equivalent time off by mutual agreement as to
when such time off will be taken during the following week.
8. Implementation of
38-Hour Week
The ordinary hours of work provided by clause 7, Hours,
shall be worked in one of the following methods:
(a) 19-Day Month -
A school or other establishment and its employees may agree that the ordinary
hours of work provided by clause 7, Hours, will be worked as a 19-day month, in
which case the following provisions shall apply:
(i) Each employee
of the school or other establishment shall work 152 hours over 19 days in each
four-week period with one rostered day off on full pay in each such period.
(ii) Each employee
shall accrue 24 minutes for each eight-hour shift or day worked by the employee
to give the employee an entitlement to take a rostered day off.
(iii) Each day of
paid leave taken by an employee (including annual leave, but not including long
service leave or any period of stand down as provided in subclause (i) of
clause 6, Stand Down), and any public holiday occurring during any cycle of
four weeks shall be regarded as a day worked for the purpose of accruing an
entitlement under paragraph (ii) of this subclause.
(iv) Rostered days
off shall not be regarded as part of the employee's annual leave for any
purpose.
(v) Notwithstanding
any other provisions of this clause, an employee shall not be entitled to more
than 12 paid rostered days off in any 12 months of consecutive employment.
(vi) Any employee
who is scheduled to take a rostered day off before having worked a complete
four-week cycle shall be paid a pro rata amount for the time that the employee
has accrued in accordance with the said paragraph (ii), for each day worked by
the employee in the cycle.
(vii) Any employee
whose employment is terminated in the course of a four-week cycle shall be paid
a pro rata amount for the time accrued by the employee in accordance with the
said paragraph (ii) for each day worked by the employee in the cycle.
(viii) Rostered
days off shall be scheduled by mutual agreement between the employees and the
school or other establishment.
(ix) An employee
shall be advised by the employer at least four weeks in advance of the day on
which the employee is to be rostered off duty.
(x) An employee
may, with the agreement of the employer, substitute the day on which the
employee is scheduled to be rostered off duty for another day.
(xi) If any
employee is rostered off duty on the day which coincides with the employee's
normal pay day, the employee shall be paid no later than the working day
immediately following their rostered day off.
(xii) If an
employee's rostered day off falls on a public holiday, an alternative rostered
day off shall be observed to be fixed by mutual agreement between the employee
and the employer.
(xiii) Any employee
required to work on their rostered day off shall be paid in accordance with the
provisions of clause 11, Overtime, and shall also receive another rostered day
off in lieu.
(xiv) Employees are
not eligible for sick leave in respect of absences on rostered days off.
(b) Any other
method - A school or other establishment may apply any other method of
implementing the ordinary hours of work provided by clause 7, Hours, on which
the school or other establishment reaches agreement with its employees. This may include an accrual of RDO's to be
taken during any unpaid stand down period subject to clause 6, Stand Down.
(c) Discussion
about Implementation of 38-Hour Week - Each school or other establishment will
propose to its employees the basis of implementing the 38-hour week which it
determines is best suited to its operations.
If the school or other establishment and its employees are unable to
agree to adopt this proposed basis, the matter will be referred to the union
which will discuss it with the employer representative of which the school or
other establishment is a member. If
they are unable to agree upon the basis, which will be adopted, the matter
shall be referred to the Industrial Relations Commission of New South Wales for
determination.
(d) Payment for
Rostered Days Off During Stand Down - Notwithstanding any other provisions of
this award, the following provisions shall apply in the case of any employees
whose contracts of employment provide that they shall be stood down during the
whole or part of non-term time pursuant to subclause (i) of clause 6, Stand
Down:
(i) The ordinary
hours of work for employees to whom this subclause applies shall not exceed 40
exclusive of meal breaks, without payment of overtime.
(ii) At the
commencement of every period during which an employee to whom this subclause
applies is stood down, the employee shall be paid, in addition to any other
entitlements, an amount calculated by using the formula -
W x 2P
40
where W = the number of weeks worked by the employee
since either the employee's employment commenced, this clause commenced, or the
conclusion of the employee's last stand down period, whichever is the later;
and
P = the weekly rate of pay fixed for the employee's
work by this award, including the average shift and weekend penalties relating
to the employee's ordinary time received by the employee since the employee's
employment commenced, this clause commenced, or the conclusion of the
employee's last stand down period, whichever is the later.
9. Rest Pause
(i) All employees
shall be allowed a tea break of ten minutes daily between the second and third
hour from starting time each day. Such
tea break shall be counted as time worked.
(ii) An employee
engaged as a lift attendant shall be allowed to be free of duty for ten minutes
in the forenoon and ten minutes in the afternoon each day, such time shall
count as time worked.
10. Meal Breaks
Not more than one hour nor less than half an hour shall be
allowed to employees each day for midday and/or evening meal where work
continues after 6.30 p.m. This meal
break shall be taken not later than the fifth hour of work each day.
11. Overtime
(i) Subject to
the provisions of subclause (ii) of this clause, for all work done outside
ordinary hours, the rate of pay shall be time and one-half for the first two
hours and double time thereafter.
(ii) All overtime
worked by an employee between midnight Friday and midnight Sunday shall be paid
for at the rate of double time.
(iii) Where
overtime or extra shifts are required to be worked, the employer shall give
preference for such work to employees as classified and covered by the terms of
this award where it is reasonably practicable to do so.
(iv) In computing
overtime, each day shall stand alone.
(v) Meal Allowance
-
(a) Where an
employee is required to work overtime in excess of one and one-half hours on
any day or shift, the employee shall be paid an amount as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal or
be supplied with a meal.
(b) Any employee
required to work more than five hours overtime shall be paid a further amount
as set out in Item 1 of Table 2 or be supplied with a meal.
(vi) General Service
Stream - An employee who works so much overtime between the termination of
ordinary work on one day and the commencement of ordinary work on the next day,
that there has not been at least the following specified period off duty
between those times, shall subject to this subclause, be released after
completion of such overtime until there has been such period off duty without
loss of pay for ordinary working time occurring during such absence. The specified period shall be:
(a) for shift
workers, eight hours including the normal changeover time, if any;
(b) for day
workers, ten hours.
If, on the instructions of the employer, such an
employee resumes or continues work without having had such period off duty, the
employee shall be paid at double ordinary time until released from duty for
such period and then shall be entitled to be absent until there has been such
period off duty, without loss of pay, for ordinary working time occurring
during such absence.
12. Call Back
An employee required to attend the employer's premises for a
reason other than carrying out rostered duties after leaving the place of
employment (whether notified before or after leaving the place of employment)
shall be paid a minimum of two hours pay at the appropriate rate for each such
attendance; except in the case of General Service Stream employees who shall be
paid a minimum of four hours' pay; provided that this clause shall not apply
where a period of duty is continuous (notwithstanding that the employer may
allow the employee a reasonable meal break before, during or after such
attendance) with the completion or commencement of ordinary working time.
Provided further, that General Services Stream employees
shall be given at least eight hours off duty, excluding travelling time in
excess of 30 minutes and a meal break of 30 minutes, before being required to
resume ordinary hours. If such employee
is requested to resume duty before eight hours' rest is given then payment at
double ordinary rates until the employee has been relieved from duty for a
period of eight hours shall apply.
13. Wages and
Classification Structure
The minimum rate of pay per week of any classification
shall, subject to the other provisions of this award, be the rates as set out
in Table 1 - Wage Rates, of Part B, Monetary Rates in accordance with the
following classification levels:
(i) Levels -
(a) A Level 1
position is one where the employee has no relevant training or experience, and:
for a major part of the time performs duties involving
the application of standard procedures which require the use of limited
discretion; and
works under direct supervision, either individually or
in a team environment, to a level of training held by the individual; and
where appropriate, will undergo training to enable the
employee to progress to a suitable position at Level 2 upon attainment of the
requisite skills.
Without limiting the foregoing, a Level 1 employee may
be required to perform the following indicative duties:
cleaning and tidying of kitchen, basic food preparation
and the cleaning of equipment, crockery and general utensils;
basic gardening and outdoor maintenance;
general laundry duties;
handling, storing and distributing goods and materials;
general house assistant duties in boarding houses;
minor repairs to linen or clothing such as buttons,
zips, seams and working with flat materials;
cleaning, dusting and polishing in classrooms or other
public area of the school or college;
making and/or serving morning or afternoon teas
including washing up and other duties in connection with such work other than
with meals or refreshments served in the main dining area;
operate lift/elevator.
(b) A Level 2
position is one where the employee:
undertakes for a substantial part of the time routine
or repetitive duties involving the application of clearly prescribed standard
procedures requiring the use of some discretion; and
works under direct supervision, either individually or
as a member of a team, to a level of training held by the individual.
Without limiting the foregoing, a Level 2 employee may
be required to perform the following indicative duties:
non-cooking duties in the kitchen including the
assembly, preparation and measurement of food items;
general gardening tasks including preparation and
planting procedure;
laundry duties requiring the application of limited
discretion;
completion of basic stock control documentation such as
requisition and ordering of goods;
general cleaning of classrooms or other public areas of
the school or college;
general house assistant duties in boarding houses;
basic maintenance and repair of items at the school or
college;
repairs to linen or clothing.
(c) A Level 3
position is one where the employee:
undertakes duties which involve some initiative and
decision making to a level of training held by the individual; and
has responsibility for the quality of their own work
subject to routine supervision.
Without limiting the foregoing, a Level 3 employee may
be required to perform the following indicative duties:
undertakes some gardening tasks including preparation
of grounds and planting procedures;
general plant and building maintenance and operation
requiring the application of specific skills;
purchasing and stock control duties, including receipt,
ordering and inventory control of goods, ordering goods of a type directed by
the employer from approved suppliers.
(d) A Level 4
position is one where the employee:
works under minimal supervision to a level of training
held by the individual; and
plans their own and other work schedules as approved by
the employer; and
assists in the training and supervision of employees at
lower levels; and
is competent in technical areas as required for the
position.
Without limiting the foregoing, a Level 4 employee may
be required to perform the following indicative duties:
general cooking duties including the preparation of
standard meals, baking and pastry cooking of a variety of food items;
responsibility for routine ground and building
maintenance of a general nature;
maintenance and driving of school vehicles;
responsibility for horticultural duties in areas such
as sports playing areas, garden maintenance and foliage control (including
groundsmen and gardeners not possessing trade qualifications);
caretaking duties which involve the protection, upkeep
and good order of the school or college which may involve the possession of the
appropriate security licence;
supervise persons in the delivery of goods or items to
students from the canteen;
is responsible for the supervision and control of
domestic staff and who may be required to perform the duties of domestic staff.
(e) A Level 5
position is one where the employee:
receives limited instructions regarding work
assignments and usually works without supervision; and
is regularly required to exercise independent
initiative and judgement; and
directly supervises a small group of employees in a
section of the school or college; and
would be expected to have undertaken and completed
skill developing programs relevant to the skills and duties required to be
undertaken. This requirement may be
satisfied by relevant employer sponsored programs, relevant trade qualification
and/or post-secondary training which may include TAFE training or recognition
of relevant prior learning or practical experience accepted by the employer.
Without limiting the foregoing, a Level 5 employee may
be required to perform the following indicative duties:
cooking duties including a la carte cooking, baking,
pastry cooking or butchery;
general maintenance work which may include the use of
required trade accredited skills in areas such as carpentry, plumbing and
electrical services;
control and responsibility for the maintenance of
gardens and/or sportsgrounds of the school or college.
(f) A Level 6
position is one where the employee:
requires minimal instruction in the performance of
their duties; and
exercises substantial responsibility and independent
initiative and judgement with a detailed knowledge of workplace procedures and
of the employer's business; and
has responsibility for employees in one or more
sections of the school or college; and
is required to have undertaken and completed
post-secondary training provided by an accredited training provider relevant to
the tasks required by the employer for this Level, or has engaged in extensive
equivalent in-service training, or has significant and substantial technical
and procedural knowledge which is regarded by the employer to be equivalent to
the required post-secondary training.
Without limiting the foregoing, a Level 6 employee may
be required to perform the following indicative duties:
specialised cooking, butchery, baking pastry and the
supervision of the operation;
menu planning;
supervision, training and co-ordination of staff,
responsibility for their efficient allocation and control, in one or more
sections of the school or college;
(ii) Appointment
- An employee shall be appointed initially to the appropriate Level, as
determined by the employee's skill and the duties required to be performed in
the position.
(iii) Progression
-
(a) For an
employee to progress to a higher Level they must possess and be required in the
course of employment to undertake the duties and use the skills or
qualifications of the higher Level.
(b) Progression to
a higher Level shall take place from the first full pay period on or after
approval for progression is granted by the employer.
(iv) Apprentices
- The minimum rate of wages for four-year apprentices shall be:
Percentage of
Tradesperson's
Rate*
First year 50%
Second year 65%
Third year 75%
Fourth year 90%
based on the Level 5 employee rate as set out in Table
1 - Wage Rates, of Part B, Monetary Rates.
Adult apprentices 21 years of age and over shall
commence and remain at the second year rate for two years, except existing
employees of an enterprise who undertake adult apprenticeships or traineeships
who shall not suffer a reduction in their ordinary-time earnings by virtue of
becoming an adult apprentice or trainee.
(v) The rates of
pay in this award include the arbitrates safety net adjustments and the
adjustments payable under the State Wage Case of May 2000. These adjustments
may be offset against:
(a) Any equivalent
over award payments.
(b) Award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rate adjustments.
(vi) Absorption
of Increases in rates of pay arising from the removal of previous
discriminatory provisions.
The increases in rates of pay reflected in this award
from the removal of previous discriminatory provisions may be fully absorbed at
the discretion of the employer, into any payment that an employee receives in
excess of the rates set out in Table 1, Wages, of Part B, Monetary Rates, at
the date of effect of this award.
14. Part-Time and
Casual Employees
(i) Part-time
employees -
(a) Part-time
employees, for each hour worked during ordinary time shall be paid one
thirty-eighth of the minimum weekly wage prescribed by this award for the class
of work performed by them, plus an additional amount of seven and a half per
cent of the appropriate weekly rate.
The part time loading prescribed by this sub-clause
shall be reduced by 2.5% on each occasion an increase resulting from a State
Wage Case decision of the Industrial Relations Commission of New South Wales is
awarded to employees as set out in the table below.
|
First full pay period to commence on or after 7 September 2000
|
2001
State Wage Case variation to this Award
|
2002
State Wage Case variation to this Award
|
2003
State Wage Case variation to this Award
|
Part-time Loading
|
7.5%
|
5%
|
2.5%
|
0%
|
(b) Minimum Start -
Part-time employees shall be paid a minimum of three hours for each start,
subject to the following exceptions:
Cleaners - a minimum payment of three hours shall be
made for each start. Provided that, in
the case of cleaners employed to clean a non-government school, the minimum
payment shall be two hours where only two cleaners are employed and where only
one cleaner is employed, the minimum payment for that cleaner shall be one
hour. (For the purpose of this
paragraph, "school" includes all buildings, structures, premises and
the like ancillary to a school).
Provided that in the case of University Colleges
employing only one cleaner the minimum payment shall be two hours.
(c) The Part-time
loading does not apply to:
(1) Employees
engaged on a Part-time basis on or after 7 September 2000; or
(2) Employees
who transfer from full-time to Part-time on or after 7 September 2000; or
(3) Any
female cleaner who remains on 36 hours per week on or after 7 September 2000.
NOTATION:
Subclause (c) of this clause shall not apply to a Part-time employee
whose permanent employment commenced between 7 September 2000 and 6 October
2000, and who is in receipt of a Part-time loading.
(ii) Casual
Employees - Casual employees, for each hour worked during ordinary time shall
be paid one thirty-eighth of the minimum weekly wage prescribed by this award
for the class of work performed by them plus 20 per cent of such hourly
equivalent.
Such employees shall be paid a minimum payment of three
hours for each start except where otherwise herein stated. Provided that in the
case of cleaners employed to clean a non-government school, the minimum payment
shall be two hours where only two cleaners are employed and where only one
cleaner is employed the minimum payment for that cleaner shall be one
hour. (For the purpose of this
subclause, "school" includes all buildings, structures, premises and
the like ancillary to a school).
(iii) The hourly
rates for part-time and casual employees shall be calculated to the nearest
whole cent, any amount less than a half cent in the result to be disregarded.
15. Allowances
(i) Toilets, etc.
Allowance - An employee required to work in lavatories or on outside steps,
outside marble or outside brass or required to scrub marble, terrazzo, rubber
floor corridors or stairs which necessitates the employee kneeling shall be
paid an amount as set out in Item 2 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, per week extra.
Lavatories of either sex can be cleaned by either male or female
cleaners as long as appropriate steps are taken to ensure that the lavatories
are not in use at the time of cleaning.
(ii) Leading Hands
- Employees placed in charge of other employees shall be paid an amount as set
out in Item 3 of Table 2.
(iii) First-aid
Allowance - An employee appointed by the employer to perform first-aid duties
shall be paid at the rate as set out in Item 4 of Table 2 per week, or an
amount as set out in the said Item 4 of Table 2 per day.
(iv) Uniforms -
(a) In the event
of an employee being required to wear a uniform, such uniform shall be provided
by and laundered at the employer's expense or, by mutual agreement, such
employee shall be paid an amount as set out in Item 5 of Table 2 per week or an
amount as set out in the said Item 5 per shift (or an amount as set out in the
said Item 5 per week in the case of aprons) as a laundry allowance; provided
that kitchen staff, other than cooks, shall be supplied with suitable wrap-ons,
aprons or other protective clothing.
(b) Where an
employer requires a cook to wear ordinary white overalls, coat, cap, apron and
trousers, usually worn by cooks, such garments shall be laundered either at the
employer's expense or, at the option of the employer, the employee shall be
paid an amount as set out in the said Item 5 of table 2, per week, as a laundry
allowance.
(v) Qualification
Allowance - An employee acting as a leading hand cleaner or caretaker who has
successfully completed the Cleaning Supervisors' Course at the Sydney Technical
College, or a course deemed by the employer to be of equivalent qualification,
shall be paid an additional amount as set out in Item 6 of Table 2 per week or
an amount as set out in the said Item 6 per day. Such amount shall be part of the ordinary rate of pay for all
award purposes.
(vi) Security
licence - A caretaker required to hold a Class 1 Security Licence pursuant to
the provisions of the Security Industry
Act 1997 shall have the cost of such licence reimbursed by the employer on
completion of each 12 months' service.
(vii) Training -
(a) All caretakers
who during their current employment are required to undertake an approved
training course, nominated by the employer and as required by the provisions of
the Security Industry Act 1997 (and
Regulations) or as required by their employer shall have the costs of such
training (courses) reimbursed by the employer.
Provided that the undertaking of the said training course is a
requirement of the employee's current position.
(b) Reimbursable
costs as referred to in paragraph (a) of this subclause shall include excess
travelling expenses relating to the attendance at the said courses.
(c)
(1) Employees
shall be granted time off without loss of pay during ordinary hours to attend
training courses referred to in the said paragraph (a).
(2) In cases where
the courses are to be held outside the rostered shift of the employee required
to attend the course, then:
(i) the rostered
shift should be altered so that the employee can attend during ordinary working
hours; or
(ii) for the time
spent attending the course, the employee can be granted time off in lieu on an
hour for hour basis at a time convenient to the employer; or
(iii) the employee
shall be paid for attending the course at ordinary-time rates without the
addition of penalties. Provided that, such attendance shall not form part of
the employees ordinary roster for the purposes of clause 7, Hours.
The employee may elect which is preferred option from
(i), (ii) or (iii) of this clause, with the option to be applied to be finally
determined by the employer having regards to the needs of the establishment.
(viii) Refuse
Disposal - Cleaners engaged on refuse disposal and/or sorting for incinerators,
furnaces or recycling purposes shall be paid an additional amount as set out in
Item 7 of Table 2, per hour worked, with a maximum payment of an amount as set
out in the said Item 7, per week.
(ix) Multi-Purpose
Machines - Cleaners required to use multi-purpose machines, mobile sweeping
machines and other similar mechanical equipment and operate fork lifts shall be
paid an additional amount as set out in Item 8 of Table 2, per shift or part
thereof while so employed.
(x) Locomotion
- Where a General Service employee is required by the employer to use a motor
cycle or other motor vehicle it shall be provided and shall be maintained by
the employer, or if supplied by the employee, the employee shall be reimbursed
an amount as set out in Item 9 of Table 2, for each shift worked plus the cost
of fuel used on the employer's business.
In the case of an employee providing a bicycle for use in the employer's
business, payment of an amount as set out in the said Item 9, for each shift
worked shall be made.
16. Shift Allowances
(i) All Employees
- Broken Shifts - All employees working
broken shifts as provided in paragraph (a) of subclause (ii), or paragraph (b)
of subclause (iii) of clause 7, Hours, shall be paid the following additional
allowances:
(a) For each
broken shift of three shifts so worked - a shift allowance as set out in Item
10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per day
extra.
(b) For each
broken shift of two shifts so worked - a shift allowance as set out in the said
Item 10 per day extra.
(c) Excess fares
allowance - at the rate as set out in Item 11 of Table 2 per week extra.
Provided that the excess fares allowance shall not be
payable to non-resident employees whose break between shifts is less than two
and one-half hours inclusive of meal breaks or to resident employees.
(ii) General
Service Stream Employees -
(a) Cleaners - The
following additional allowances for shift work shall be paid to employees in
respect of work performed during ordinary hours of shift as defined in
subclauses (xiv), (xv), (xvi) and (xvii) of clause 3, Definitions -
Percentage
Early morning shift 10%
Afternoon shift 15%
Night shift, rotating with day or afternoon shift 17.5%
Night shift, non-rotating 30%
(b) Caretakers - A
caretaker required to work ordinary hours after 9.00 p.m. as the case may be
shall receive the following additional allowances for each hour so worked.
Percentage
Between the hours of 9.00 p.m. and midnight 15%
Between the hours of midnight and 6.00 a.m. 30%
17. Board and Lodging
An employer shall not be compelled to board and/or lodge any
worker but where board and/or lodging are provided the employer shall be
entitled to deduct in respect of all workers the following amounts -
(i) For full
board of 21 meals per week - an amount equal to five per cent of the Level 1
wage as set out in Table 1.
(ii) For full
lodging of seven days per week - an amount equal to two per cent of the Level 1
wage as set out in Table 1.
(iii) Where, by
mutual consent, part board and/or lodgings are provided, the deductions
referred to in subclauses (i) and (ii) of this clause, may be made on a pro
rata basis. Non-resident employees
shall not suffer any deduction for meals provided unless by mutual consent.
(iv) Notwithstanding
the above:
(a) Where a
caretaker is provided with accommodation a deduction may be made from the wages
of an amount equal to two and one half per cent of the Level 4 wage as set out
in Table 1, being a deduction for rent, fuel and lighting.
(b) An employer
shall not require a resident caretaker to vacate living quarters during annual
leave period for use by a relieving caretaker unless such arrangements are
mutually agreed to between the caretaker and the relieving caretaker.
(c) Where a
resident caretaker is transferred to a building owned or controlled by the same
employer, removal expenses shall be paid by the employer who shall grant the
employee reasonable paid time to effect the transfer.
(v) Board and
Lodging - It shall not be made a term of employment that a General Services
Stream employee shall board or lodge with the employer. This subclause shall not apply to
caretakers.
18. Sick Leave
(i) An employee
who is unable to attend for duty during ordinary working hours, by reason of
personal illness or incapacity not due to the employee's own serious or wilful
misconduct, shall be entitled to be paid at ordinary-time rates of pay for the
time of such non-attendance subject to the following conditions and
limitations:
(a) Employees shall
not be entitled to paid leave of absence for any period in respect of which the
employee is entitled to payment under the Workers'
Compensation Act 1987.
(b) The employee
shall, as soon as reasonably practicable, and in any case within 24 hours of
the commencement of such absence, inform the employer of an inability to attend
for duty and, as far as possible, state the nature of the injury or illness and
the estimated duration of the absence.
(c) The employee
shall furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed.
Provided further, that where such single day absence
occurs before or after a public holiday or a rostered day off, a medical
certificate shall be supplied.
(d) Subject to
subclause (iii) of this clause, the employee shall not be entitled in any year
(whether in the employ of any one employer or several) to be paid sick leave in
excess of the following scale:
During the first year of service five days
During the second year of service eight
days
During the third and subsequent years ten days
Provided that employees employed by the Diocesan and
Catholic Independent School employers will be paid sick leave of seven days
during the first year of service and ten days during the second year of
service.
Provided further, that the payment for any absence on
sick leave in accordance with this clause during the first two months of
employment with the employer, may be withheld by the employer until the
employee completes such two months' employment at which time the payment shall
be made.
(e) For the
purpose of administering paragraph (d) of this subclause, an employer may,
within one month of the award coming into operation or within two weeks of the
employee entering employment, require the employee to make a statutory
declaration or other written statement as to what paid leave the employee has
had from any employer during the then current year. Upon such statement, the employer shall be entitled to rely and
act.
(ii) Definition
of Day - For the purpose of this clause means:
(a) in the case of
part-time employees, the number of ordinary daily hours regularly worked by
such employees;
(b) in the case of
all other weekly employees, eight hours.
(iii) Cumulative
Sick Leave - An employee who has been continuously employed by the same
employer may accumulate any unclaimed sick pay each year for an unlimited
period which may, subject to the conditions prescribed by this clause, be drawn
upon at such time as absence on account of sickness warrants and the annual
entitlement under paragraph (d) has been exhausted.
(iv) Definition
of Continuous Service -
(a) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by -
(1) any absence
from work on leave granted by the employer; or
(2) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee);
Provided that time so lost shall not be taken into
account in computing the qualifying period of two months.
(b) Service before
the date of coming into force of this award shall be taken into account in
computing the qualifying period of two months.
(v) Attendance
at Hospital - Notwithstanding anything
contained in subclause (i) of this clause, a weekly employee suffering injury
through an accident arising out of and in the course of employment (not being
an injury in respect of which the employee is entitled to workers'
compensation) necessitating the employee's attendance during working hours on a
doctor, chemist or trained nurse, or at a hospital shall not suffer any
deduction from pay for the time (not exceeding four hours) so occupied on the
day of the accident and shall be reimbursed by the employer for all expenses
reasonably incurred in connection with such attendance and expenses shall
include fares; provided that such time so occupied has the approval of the
employer.
(vi) Subject to the
provisions of subclauses (i) and (iv) of this clause, an employee who takes
sick leave during the first year of employment shall be entitled after the
completion of two months' service to one day's leave at the end of each month
of service to a maximum of five days or seven days in Catholic Schools.
19. Carer’s Leave
(i) Use of Sick
Leave -
(a) A full time or
part time employee with responsibilities in relation to a class of person as
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 at clause
18, Sick Leave, for absences to provide care and support for such persons when
they are ill. Such leave may be taken
for part of a single day.
(b) The employee
shall, if required by the employer, establish either by production of a medical
certificate, statutory declaration, written statement or other evidence that
the person concerned is ill and requires care.
In normal circumstances, an employee shall not take carer’s leave under
this clause where another person has taken leave to care for a person referred
to in the said subparagraph (ii).
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(A) a member
of the employee’s immediate family; or
(B) a member
of the employee’s household.
The term "immediate family" includes:
(1) a spouse
(including former spouse, a de facto spouse and a former de facto spouse) of
the employee. A de facto spouse, in
relation to a person, means 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 the
person; and
(2) a child or
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse of the employee.
(d) The employee
shall not be entitled to paid carer’s leave unless he or she notifies the
employer (or a person deputised by the employer) of the need for carer’s leave
and the estimated period of absence at the first available opportunity and,
where possible, before the first organised activity at the school or college on
the day of absence. The employee will
have sick leave credits available to the extent of the leave to be taken.
(e) Notwithstanding
paragraph (a) of this subclause, a part time employee is only entitled to an
amount of carer’s leave in the same proportion the hours of a part time
employee bears to the hours of a full time employee.
(f) Any carer’s
leave taken in accordance with this clause shall be deducted from the sick
leave entitlement of the employee.
(ii) Unpaid Leave
- An employee may elect, with the consent of the employer, to take unpaid leave
for the purpose of providing care and support to a class of person as set out
in subparagraph (c) of subclause (i) of this clause, who is ill.
(iii) Annual
Leave -
(a) To give effect
to this clause, but subject to the Annual
Holidays Act 1944, an employee may elect, with the consent of the employer,
to take annual leave not exceeding five days 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 annual leave loading in respect of
single day absences, until at least five annual leave days are taken.
(iv) 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 paragraph (a) of this subclause, the
employee shall be paid overtime rates in accordance with this award.
(v) Make-Up Time
-An employee may elect, with the consent of their 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 this award, at the ordinary rate of pay.
(vi) Rostered
Days Off (RDO) -
(a) An employee
may elect, with the consent of the employer, to take an RDO off at any time.
(b) An employee
may elect, with the consent of the employer, to take RDO’s off in part day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all RDO’s 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 any affected parties of an intention to
introduce a system of RDO flexibility, and providing a reasonable opportunity
for these parties to participate in negotiations.
20. Catholic
Personal/Carer’s Leave
This clause only applies to employees who are employed under
this award by a body which has been established by the Catholic Church to
propagate religion, excepting employees employed by Chevalier College, Bowral;
Kincoppal, Rose Bay; and Loretto, Kirribilli.
Where this clause applies, clause 19, Carer’s Leave, shall not apply.
(i) Use of Sick
Leave to Provide Care and Support for a Family Member -
(a) An employee,
other than a casual employee, with responsibilities in relation to a family
member as 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 any year, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for at clause 18, Sick Leave, for absences to provide care and support
for such persons when they are ill.
Such leave may be taken for part of a single day.
(b) If required,
the employee shall establish the illness of the person concerned either by
production of a medical certificate, statutory declaration, written statement
or other evidence and that the illness is such as to require care and support
by the employee. An employee is not
entitled to family 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 family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent,
child, step-child, foster child, adopted child and foster parent of the
employee or spouse.
(ii) Use of Sick
Leave for a Pressing Domestic Necessity -
(a) Subject to
paragraph (c) of this subclause, for the purposes of this clause "pressing
domestic necessity" means any reason at the discretion of the employer,
provided that such discretion is not unreasonably withheld and is exercised so
as not to contravene any applicable provisions of the Anti-Discrimination Act 1977.
(b) An employee,
other than a casual employee, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the employee’s service, for any pressing domestic necessity other
than to care for or support a person as defined in subparagraph (ii) of
paragraph (c) of subclause (i) of this clause.
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph (a) of the said subclause (i), her or she may
access any current or accrued sick leave for any pressing domestic necessity,
where the employee is responsible for the care or support of a person not
referred to in the said subparagraph (ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity, as set out in
paragraph (b) of this subclause, is non-cumulative.
(e) If required,
an employee shall provide a written statement or other evidence supporting the
application for personal/carer’s leave for the purpose of pressing domestic
necessity.
(iii) Notification
of Intention to Take Leave - In relation to subclauses (i) and (ii) of this
clause, wherever practicable, an employee shall give the employer notice, prior
to the absence, of the intention to take leave. The employees shall also provide the name of the person requiring
care, that person’s relationship to the employee, the nature of any pressing
domestic necessity, 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.
(iv) Unpaid Leave
for Family Purpose - With the consent of the employer, an employee may elect to
take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph (ii) of paragraph (c) of subclause (i) of this
clause or paragraph (c) of subclause (ii) of this clause, who is ill.
(v) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(vi) 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 paragraph (a) of this subclause, the
employee shall be paid overtime rates in accordance with the award.
(vii) 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.
(viii) Rostered
Days Off (RDO) -
(a) An employee
may elect, with the consent of the employer, to take a RDO at any time.
(b) An employee
may elect, with the consent of the employer, to take a RDO in part day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all RDO’s 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.
21. Holidays
(i) Subject to
subclauses (ii) and (iii) of this clause, the days on which the following
holidays are observed shall be holidays, namely: New Year's Day, Australia
Day, Good Friday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day together with
any day which may hereafter be proclaimed as a public holiday throughout the
State of New South Wales and the picnic day of the union which shall be held on
the Thursday before Easter, or on another day mutually agreed to between the
employer and the employee (the employer to notify the Secretary of the union in
writing within 30 days of the taking of the flexible union picnic day).
(ii) For the
purposes of this clause, any employee whose ordinary hours of work commence
before and continue past midnight shall be regarded as working on a holiday
only if the greater number of working hours fall on the holiday, in which case
all time worked shall be regarded as holiday work; provided that, if the number
of ordinary hours worked before and past midnight is equal, all ordinary time
worked shall be regarded as time worked on the day on which the shift
commenced.
(iii)
(a) Employees on
weekly hiring other than seven-day shift workers shall be entitled to the above
holidays without loss of pay, provided that an employee who is regularly
rostered to work ordinary hours on Monday to Friday or up to 12 noon on
Saturdays shall only be paid for such holidays as occur on those days; and
provided further that an employee who is regularly rostered to work on
Saturdays and/or Sundays shall only be paid for any holidays prescribed under
subclause (i) of this clause which fall on such Saturday or Sunday.
(b) Employees shall
be paid at the rate of double time and one-half with a minimum payment of four
hours at such rate for all time worked including overtime on the above
holidays.
(iv) Where a
holiday occurs on the rostered day off of a caretaker or of a seven-day shift
worker who is regularly rostered to work ordinary hours of work on at least
four days each week, and:
(a) Such employee
is not required to work on that day the employer shall pay such employee one
day's pay or add one day to the annual leave of the employee in respect of such
day.
(b) Such employee
is required to work on that day the employer shall pay such employee eight
hours' ordinary pay in respect of such time and in addition at the rate of time
and a half for the first eight hours (with a minimum payment of four hours) and
double time and a half thereafter.
(c) Any day or days
added in accordance with this subclause shall be the working day or working
days immediately following the annual leave period to which the employee is
entitled to under clause 24, Annual Leave.
(d) Where the
employment of a seven-day shift worker has been terminated and such employee
thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday,
with respect to a period of employment, the employee shall be entitled also to
an additional payment for each day accrued under this clause at the appropriate
ordinary rate of pay if payment has not already been made in accordance with
paragraph (a) of this subclause.
(v) All time
worked on a holiday or public holiday or picnic day in subclause (i) of this
clause shall be paid for at the rate of double time and one-half times the
ordinary time rate with a minimum start of four hours.
22. Saturday and
Sunday Work
(i) Subject to
subclause (v) of clause 7, Hours, all ordinary-time work performed on a
Saturday shall be paid at the rate of time and one-half with a minimum payment
of not less than three hours at such rate.
(ii) All
ordinary-time work performed on a Sunday shall be paid at the rate of double
time with a minimum payment of not less than three hours at such rate.
(iii) The
allowances prescribed in this clause shall be in substitution for and not
cumulative upon the shift work allowances prescribed in clause 16, Shift
Allowances.
23. Payment of Wages
(i) Subject to
subclause (ii) of this clause, wages shall be paid weekly in ordinary working
time not later than Thursday of each week.
An employee kept waiting after the normal ceasing time for the payment
of wages shall be deemed to be working during any time kept waiting and shall
be paid overtime from the normal ceasing time until payment is made. Casual
employees shall be paid within one hour of the termination of the employment.
(ii) Wages may be
paid fortnightly at the employer's discretion where the majority of employees
at the school or college are already paid fortnightly.
(iii) Where an
employer and the majority of employees agree, wages may be paid by cheque or
bank deposit. The employer is to pay
all bank charges and government duties applicable to the wage deposit and one
withdrawal each pay period.
In any event after three months' notice from the
employer to the employee, the employer may at the employer's discretion make
payment by cheque or direct bank deposit.
(iv) Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the employee, the relevant
parties shall seek agreement on the matter of the overpayment including, when
necessary and appropriate, discussion between the union and relevant employer
representatives.
24. Annual Leave
(i) All employees
except caretakers and those in the domestic stream - See Annual Holidays Act 1944.
(ii) Caretakers
and employees on the domestic stream whose ordinary working hours include work
on Saturdays and/or Sundays on which they may be regularly rostered for work,
shall in addition to the benefits provided by section 3 of the Annual Holidays Act 1944, be allowed
additional leave as follows:
(a) If during the
year of employment the employee has served continuously the additional leave
with respect to that year shall be one week.
(b) If during the
year of employment only portion of it has been served the additional leave
shall be 3.25 hours for each completed month of employment; provided that where
the additional leave is or comprises a fraction of a day, such fraction shall
not form part of the leave period and such fraction shall be discharged by
payment only.
(iii) Where the
employment of an employee who is entitled to the additional leave prescribed by
subclause (ii) of this clause is terminated and the employee thereby becomes
entitled under section 4 of the Annual
Holidays Act 1944 to payment in lieu of an annual holiday with respect to a
period of employment, the employee shall be entitled to an additional payment
of 3.25 hours at ordinary rates of pay for each completed month of service.
(iv) Payment During
Annual Leave - All General Services Stream employees shall receive payment for
annual leave periods calculated at their ordinary rate of pay in accordance
with the provisions of the Annual
Holidays Act 1944 and shall, in addition, be paid all shift allowances,
Saturday penalty payments and Sunday penalty payments relating to ordinary time
the employee would have worked if the employee had not been on annual
holidays. Such payment shall not
include any penalty payment in respect of a public holiday occurring during the
annual holiday, which is a public holiday on which the employee would have
worked an ordinary shift.
25. Annual Leave
Loading
(i) In this
clause, the Annual Holidays Act 1944
is referred to as "the Act".
(ii) Before an
employee is given and takes the 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 the employee a loading determined in accordance with this
clause. (NOTE: The obligation to pay in
advance does not apply where an employee takes an annual holiday wholly or
partly in advance - see subclause (vi) of this clause.)
(iii) 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.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled to under the Act and this award (but
excluding days added as compensation 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 (vi) of this clause as to holidays taken wholly or
partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) 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 annual holiday together with, where applicable, the following
allowances prescribed by clause 15, Allowances: leading hands, qualification
allowance (where applicable) and
first-aid allowance, but shall not include the Saturday penalty for
ordinary hours wherever prescribed by the award, nor shall it include any other
allowances, penalty rates, shift allowances, overtime rates or any other
payments prescribed by this award.
(vi) 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 the employee 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 (v) 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.
(vii) 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 employee concerned:
(a) 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 (v) of this clause;
(b) an employee
who is not entitled under the act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable under
the Act such proportion of the loading that would have been payable to the
employee under this clause if the employee had become entitled to an annual
holiday prior to the close down as the qualifying period of employment in
completed weeks bears to 52.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (v) of this clause for the period not taken.
(b) Except as provided
in paragraph (a) of this subclause, no loading is payable on the termination of
an employee's employment.
(ix) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holiday; provided
that if the amount to which the employee would have been entitled by way of
shift work allowances 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.
26. Long Service
Leave
See Long Service Leave
Act 1955.
27. Miscellaneous
Conditions
(i) Meal
Facilities - Employees shall be
supplied with facilities for tea making and heating food.
(ii) Accommodation
for Meals - Employers shall allow employees to partake of their meals, crib
breaks or tea breaks in a suitable place protected from the weather and every
such employee shall leave such place in a thoroughly clean condition.
(iii) Dressing
Accommodation - Where it is necessary or customary to change their dress or
uniform, suitable dressing rooms and dressing accommodation and individual
lockable lockers shall be provided.
(iv) Clean overalls
shall be supplied where the employer requires such to be worn.
(v) All materials,
equipment, etc. required for cleaning purposes shall be supplied by the
employer.
(vi) Protective
clothing, uniforms, rubber gloves, or rubber boots supplied pursuant to this
award shall remain the property of the employer and shall be returned upon
termination of employment.
28. Higher Duties
(i) Employees
engaged at work for which a higher rate is fixed shall be paid such higher rate
while so employed. If employed for two
hours or more on a higher rate class of work employees shall be paid the higher
rate for the whole of that day or shift.
(ii) Where an
employee is called upon to perform duties for which a lower rate is fixed, the
employee shall suffer no reduction in pay.
29. Bereavement Leave
(i) An employee
shall, on the death of a parent-in-law or on the death of a member of the
employee’s immediate family or household, as defined in subparagraph (ii) of
paragraph (c) of subclause 19.1 of clause 19, Carer’s Leave, be entitled to
leave up to and including the day of the funeral of such person. Such leave, for a period not exceeding two
days in respect of any such death shall be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave.
(ii) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(a) satisfactory
evidence of such death shall be furnished by the employee to the employer; and
(b) the employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of leave entitlement under this award or
otherwise.
(iii) Bereavement
leave may be taken in conjunction with other leave available under subclauses
19(i), 19(ii), 19(iv), 19(v) and 19(vi) of the said clause 19. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
30. Bereavement Leave
(Catholic Standard)
This clause only applies to employees who are employed under
this award by a body which has been established by the Catholic Church to
propagate religion, excepting employees employed by Chevalier College, Bowral;
Kincoppal, Rose Bay; and Loretto, Kirribilli.
Where this clause applies, clause 29, Bereavement Leave, shall not
apply.
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person as
prescribed in subclause (c) of this clause.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person in
relation to whom the employee could have utilised Catholic Personal/Carer’s
Leave as set out in clause 20. Catholic
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.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under the said
clause 20. Where such other available
leave is to be taken in conjunction with bereavement leave, consideration will
be given to the circumstances of the employee and the reasonable operational
requirements of the employer.
31. Attendance at
Repatriation Centres
Weekly employees, being ex-service personnel, shall be
allowed as time worked, lost time incurred while attending repatriation centres
for medical examination and/or treatment;
provided that -
(a) such lost time
does not exceed four hours on each occasion;
(b) the employee
produces evidence satisfactory to the employer that the employee is so required
to and subsequently does attend a repatriation centre;
Provided that the employer shall be entitled to deduct
from such lost time any payments the employee is entitled to receive for lost
time from the Repatriation Department in respect of any such attendance.
32. Disputes and
Industrial Grievance Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps:
(i) Procedures
relating to grievances of individual employees:
(a) 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.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a procedure
is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(ii) Procedures
relating to disputes, etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an employer representative and the employees may be
represented by an industrial organisation of employees for the purpose of each
procedure.
33. Apprenticeship
Trades
Apprentices may be indentured to a school or college in the
industry of this award subject to the provisions of the Industrial and Commercial Training Act 1989.
(i) Limitation
of Overtime -
(a) No apprentice
under the age of 18 years shall be required to work overtime unless he/she so
desires.
(b) No apprentice,
except in an emergency, shall work or be required to work overtime at times
which would prevent his/her attendance at technical college as required by any
statute, award or regulation applicable to the apprentice.
(ii) Tools - All
tools required by apprentice gardeners in the performance of their work shall
be provided free of charge by the employer but shall be maintained in good
condition by the apprentice. Such tools
shall remain the property of the employer and shall be returned by the employee
in the event of the employment being terminated.
Apprentice cooks shall be paid each week the amount as
set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, as a tool allowance:
(a) Provided that
where the employer supplied the apprentice with all the necessary tools to use
in his or her trade (such tools remain the property of the employer) the
provisions of this subclause do not apply.
(b) Provided that
where tool allowance is paid to apprentices, the employer may from time to time
inspect tools provided by any apprentice and, if not satisfied that reasonable
tools are being provided and kept in a serviceable condition, having regard to
the quantum of the tool allowance being paid, may furnish or render serviceable
such and deduct the cost thereof from the tool allowance payment thereafter
becoming due.
(c) Any question
arising out of the provisions of this clause shall be referred to the
Industrial Committee for determination.
34. Occupational
Health and Safety
(i) Employees
using fungicides, herbicides, pesticides, fertilisers, hormones and/or other
chemicals on a regular and/or continuous basis shall have as a minimum an
annual medical check up at the employer's expense.
(ii) Employees
using fungicides, herbicides, pesticides, fertilisers, hormones and/or other
chemicals, shall be supplied with overalls, gloves, masks and rubber boots free
of charge.
(iii) Working in
the wet - Employees called upon to work in the rain or wet areas shall be
supplied by the employer with rain coats and rubber boots and/or other
protective clothing free of charge.
(iv) Rubber Gloves
- Where employees are required to clean toilets or to use acids or other
injurious substances or detergents or to wash dishes, they shall be supplied
with serviceable rubber gloves.
(v) A first-aid
kit shall be supplied and be readily available to all employees.
(vi) Cleaners
covered by this award shall clean outside as required and shall clean above
floor or ground level as is safely accessible.
Provided that where ladders are used, the safety requirements of the Construction Safety Act 1912 are
complied with.
(vii) After sunset,
employees shall not be required to clean the outsides of windows above the
ground floor. The insides of windows
may be cleaned provided that this does not necessitate such windows being
opened.
35. Labour
Flexibility
(i) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skills, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
de-skilling.
(ii) 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 properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclauses (i) and (ii) of this clause shall
be consistent with the employer's responsibilities to provide a safe and
healthy working environment.
36. Superannuation
(i) Fund - The
New South Wales Non-Government Schools Superannuation Fund shall be made
available by each employer to each employee.
(ii) Benefits -
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, each employer shall,
in respect of each employee employed by the employer, pay contributions into a
fund to which the employee is eligible to belong and, if the employee is
eligible to belong to more than one fund, the fund nominated by the employee,
at the rate of three per cent of the employee's basic earnings.
(b) Subject to
paragraph (d) of this subclause, contributions shall be paid at intervals in
accordance with procedures and subject to the requirements prescribed by the
relevant fund or as agreed between each employer and the trustees of a fund.
(c) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) The employee
shall advise the employer in writing of the employee's application to join a
fund pursuant to this award.
(e) An employer
shall make contributions pursuant to this award in respect of:
(1) casual
employees who earn in excess of $1,833.85 during their employment with that
employer in the course of any year, running from 1 July to the following 30
June (all such casual employees are hereinafter called "qualified
employees"); and
(2) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(f) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of his or
her employees or a class or classes of such employees within two weeks of such
approval, the employer shall notify his/her employees of such approval and
shall, if an employee so requests, provide the employee with a copy of the
trust deed of such fund and of a letter from the Insurance and Superannuation
Commissioner granting interim or final listing to the fund at a cost of 80
cents per page of such copies.
(g) When a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this award in the case of a weekly
or part-time employee, and paragraph (e) in the case of a casual employee.
(iii) Transfers
Between Funds - If an employee is eligible to belong to more than one fund, the
employee shall be entitled to notify the employer that the employee wishes the
employer to pay contributions in respect of the employee to a new fund but
shall not be entitled to do so within three years after the notification made
by the employee pursuant to paragraph (d) of subclause (ii), Benefits, or
within three years after the last notification made by the employee pursuant to
this clause. The employer shall only be obliged to make such contributions to
the new fund where the employer has been advised in writing:
(a) of the
employee's application to join the other fund; and
(b) that the
employee has notified the trustees of the employee's former fund that the
employee no longer wishes the contributions which are paid on the employee's
behalf to be paid to that fund.
(iv) Explanatory
Clause -
(a) The figure
which appears in subparagraph (1) of paragraph (e) of subclause (ii), Benefits,
of this clause, is calculated by the following formulae:
Level 1 casual hourly rate of pay (including pro rata
annual leave) x 19 eight-hour days (one month) or $1,833.85 whichever is the
greater.
This figure will be adjusted on 30 June of each year in
line with award wage movements of the previous 12 months.
(b) The New South
Wales Non-Government Schools Superannuation Fund is not applicable to a
University College, therefore refer to paragraph (a) of subclause (ii) of this
clause and subclause (xiii), Fund, of clause 3, Definitions.
37. Commitment to
Training
Where appropriate, employees may be offered training by the
employer either in-house or by an accredited training provider to provide the
enhancement of skills and knowledge to enable the employee to advance through
the levels.
38. Savings Clause
Existing employees shall not be adversely affected or suffer
any reduction of wages or allowances due to the implementation of this award.
Part Time Employees shall not suffer any reduction in wages as a consequence of
the operation of clause 14 (i) (a) of this Award.
39.
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 ground of race, sex, marital status, disability,
homosexuality, trans-gender 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.
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"
40. Area, Incidence
and Duration
This award rescinds and replaces the Miscellaneous Workers'
Independent Schools and Colleges, &c. (State) Award published 17 February
1995 (283 I.G. 1193), and all variations thereof and the Miscellaneous Workers'
Independent Schools and Colleges (State) Wages Adjustment and Allowances Award
published 24 April 1997 (297 I.G. 1378), the Miscellaneous Workers (Independent
Schools and Colleges) Jobskills Trainees (State) Award published 15 October
1993 (276 I.G. 1130) and all variations thereof, and the Miscellaneous Workers
(Non Government Schools) (Superannuation) (State) Award published 29 January
1990 (254 I.G. 347).
This Award shall apply to all persons of the classes herein
provided for within the jurisdiction of the Independent Schools and Colleges
General Staff, &c. (State) Industrial Committee. (See PART C of this
document), but shall not apply to employees employed pursuant to the
Maintenance and Outdoor Staff (Catholic Schools) (State) Award nor pursuant to
the Maintenance, Outdoor and Other Staff (Independent Schools (State) Award.
This award shall take effect from the first full pay period
to commence on or after 7 September 2000 and shall remain in force for 12
months.
PART B
MONETARY RATES
Table 1 - Wage Rates
Classification
|
Total Rate
Per Week
$
|
Level 1
|
438.60
|
Level 2
|
450.90
|
Level 3
|
462.70
|
Level 4
|
483.40
|
Level 5
|
519.30
|
Level 6
|
541.70
|
NOTE: See paragraphs
(a) to (f) of subclause (1) of Clause 13, Wages and Classification Structure,
of the award as to the duties for each of the classification levels 1 to 6
and/or Table 3 Classification Table below as to the classifications coming
within each level.
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
11(v)(a) and
|
Meal Allowance - Overtime
|
|
|
(b)
|
First Meal
|
6.52
|
|
|
Second and subsequent meals
|
6.52
|
2
|
15(i)
|
Toilet Cleaning
|
6.34 per week
|
3
|
15(ii)
|
Leading Hands in Charge of:
|
Per week:
|
|
|
1-5 employees
|
16.08
|
|
|
6-10 employees
|
20.00
|
|
|
11-15 employees
|
26.86
|
|
|
16-20 employees
|
32.48
|
|
|
Over 20 employees
|
32.48
|
|
|
Each extra employee over 20 employees
|
45 cents
|
4
|
15(iii)
|
First-aid Allowance
|
9.64 per week
|
|
|
|
1.93 per day
|
5
|
15(iv)(a)
|
Uniforms - Laundering Allowances
|
|
|
and (b)
|
Uniforms
|
5.65 per week
|
|
|
|
1.13 per shift
|
|
|
Aprons
|
2.51 per week
|
|
|
Chef's Overalls, Trousers
|
7.70 per week
|
6
|
15(v)
|
Qualification Allowance
|
13.09 per week
|
|
|
Cleaning Supervisor's Course
|
2.62 per day
|
7
|
15(viii)
|
Refuse Disposal - Cleaners
|
0.69 cents per hour
Maximum
|
|
|
|
13.82 per week
|
8
|
15(ix)
|
Multi-purpose machines - Cleaners
|
1.75 per shift
|
9
|
15(x)
|
Locomotion Allowance - General Services
|
|
|
|
Employees Stream -
|
19.30 per shift
|
|
|
Employee providing own vehicle
|
plus fuel
|
|
|
Employee providing own bicycle
|
1.70 per shift
|
10
|
16(i) (a),
|
Broken Shift Allowances -
|
|
|
16(i)(b),
|
(a) Three shifts per day
|
6.75 per day
|
|
|
(b) Two shifts per
day
|
3.09 per day
|
11
|
16(i)(c)
|
Excess Fares Allowance
|
6.40 per week
|
12
|
33(ii)
|
Tool Allowance -
|
|
|
|
Apprentice Cooks - where tools not
|
|
|
|
supplied
|
0.67 per week
|
Table 3 - Classification Guide
Level and Relativity
|
Description
|
Level 1
|
|
82 per cent
|
|
Domestic Stream
|
Kitchen Assistant
|
|
House Assistant
|
|
Pantry/Wait Assistant
|
|
Washing/Drying Machine Operator
|
|
Sewing Machinist
|
|
General Laundry Hand
|
|
All Others General
|
|
|
General Service Stream
|
Cleaner
|
|
Tea Attendant
|
|
Lift Attendant
|
|
|
Maintenance/Outdoor Stream
|
All Others (other than domestic)
|
Level 2
|
|
84.7 per cent
|
|
Domestic Stream
|
Kitchen Assistant
|
|
House Assistant
|
|
Pantry/Wait Assistant
|
|
Washing/Drying Machine Operator
|
|
Sewing Machinist
|
|
General Laundry Hand
|
|
All others General
|
|
|
General Service Stream
|
Cleaner
|
|
|
Maintenance/Outdoor Stream
|
Maintenance Employee (all-purpose)
|
|
Groundsperson
|
|
Gardeners
|
|
All Others (other than domestic)
|
Level 3
|
|
87.4 per cent
|
|
Maintenance/Outdoor Stream
|
Groundsperson
|
|
Gardeners
|
|
Maintenance Employee
|
Level 4
|
|
92 per cent
|
|
Domestic Stream
|
Housekeeper
|
|
Other Cook (3 employees)
|
|
Second Cook (2 employees)
|
|
Second Cook (3 employees)
|
|
|
General Service Stream
|
Caretaker
|
|
|
Maintenance/Outdoor Stream
|
Groundsperson (without qualification)
|
|
Gardener (without qualification)
|
|
Canteen/Shop Supervisor
|
|
Driver (school vehicles)
|
|
Maintenance (without qualification)
|
Level 5
|
|
100 per cent
|
|
Domestic Stream
|
Chef or Cook
|
|
|
Maintenance/Outdoor Stream
|
Groundsperson (trade qualification)
|
|
Gardener (trade qualification)
|
|
Maintenance (trade qualification)
|
Level 6
|
|
105 per cent
|
|
Domestic Stream
|
Chef (3 employees)
|
|
|
Maintenance/Outdoor Stream
|
Maintenance Supervisor
|
P. J. SAMS D.P.
Part C - Industries and Callings
Independent
Schools and Colleges, General Staff, &c. (State) Industrial Committee
Industries and
Callings
All persons employed as domestic staff, and all other
general staff (excluding clerical assistants) in denominational or educational
schools and colleges other than agricultural colleges established pursuant to
the Education Reform Act 1990 and in hostels accommodating pupils,
students or staff attending any of such establishments in the State, excluding
the County of Yancowinna, but shall not apply to employees employed pursuant to
the Maintenance and Outdoor Staff (Catholic Schools) (State) Award nor pursuant
to the Maintenance, Outdoor and Other Staff (Independent Schools) (State)
Award.
excepting employees within the jurisdiction of the following
Industrial Committees -
Agricultural Employees (State);
Cleaning Contractors' (State);
Clerks (State);
Crown Employees (General);
Dairying Employees (State);
Horticultural and Garden Employees (State);
Independent Schools and Colleges (Teachers, &c.)
(State);
Kindergartens, &c. (State);
Laundry Employees (State);
Retail Employees (State);
Security and Cleaning, &c. (State);
Trained Nurses, &c., Other Than in Hospitals, &c.
(State);
____________________
Printed by the authority of the Industrial Registrar.