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New South Wales Industrial Relations Commission
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MISCELLANEOUS WORKERS' INDEPENDENT SCHOOLS AND COLLEGES, &C. (STATE) AWARD
  
Date05/04/2001
Volume324
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0050
CategoryAward
Award Code 481  
Date Posted06/12/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(481)

SERIAL C0050

 

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.

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