METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of Award Review pursuant to Section 19 of the Industrial Relations Act 1996 and other
matters.
(No. IRC 1138, 6125, 5908 of 1999 and 434 of 2000)
Before the Honourable
Justice Walton, Vice-President
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2 February 2001
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AWARD
PART 1 - APPLICATION AND OPERATION OF AWARD
1.1 Award Title
This award is entitled the Metal, Engineering and Associated
Industries (State) Award.
1.2 Arrangement
PART 1 - APPLICATION AND
OPERATION OF AWARD
1.1 Award Title
1.2 Arrangement
1.3 Anti‑Discrimination
1.4 Definitions
1.5 Area, Incidence and Duration
PART 2 - ENTERPRISE
FLEXIBILITY
2.1 Enterprise Flexibility
2.2 Facilitative Provisions
PART 3 - CONSULTATION AND
DISPUTE RESOLUTION
3.1 Consultative Mechanism and Procedures
3.2 Dispute Resolution Procedure
PART 4 - EMPLOYMENT RELATIONSHIP
4.1 Employer and Employee Duties
4.2 Employment Categories
4.2.1 Probationary Employment
4.2.2 Full Time Employment
4.2.3 Casual Employment
4.2.4 Part‑time Employment
4.2.5 Employment For Specific Period of Time or For a
Specific Task or Tasks
4.2.6 Apprentices
4.2.7 Trainees
4.2.8 Unapprenticed Juniors
4.3 Termination of Employment
4.3.1 Notice of Termination by Employer
4.3.2 Notice of Termination by Employee
4.3.3 Summary Dismissal
4.3.4 Time Off During Notice Period
4.4 Redundancy
4.4.1 Application
4.4.2 Introduction of Change
4.4.2.1 Employer’s Duty to Notify
4.4.2.2 Employer’s Duty to Discuss Change
4.4.3 Redundancy
4.4.3.1 Discussions Before Terminations
4.4.4 Termination of Employment
4.4.4.1 Notice for Changes in Production,
Programme, Organisation or Structure
4.4.4.2 Notice for Technological Change
4.4.4.3 Time off During the Notice Period
4.4.4.4 Employee Leaving During the Notice
Period
4.4.4.5 Statement of Employment
4.4.4.6 Employment Separation Certificate
4.4.4.7 Transfer to Lower Paid Duties
4.4.5 Severance Pay
4.4.5.1 Amounts
4.4.5.2 Incapacity to Pay
4.4.5.3 Alternative Employment
4.5 Absence From Duty
4.6 Standing Down Employees
4.7 Abandonment of Employment
4.8 Pay Slips and Employer Records
4.9 Right of Entry
4.10 Award to be Posted
4.11 Shop Stewards and Notice Board
PART 5 - RATES OF PAY AND
RELATED MATTERS
5.1 Classifications and Rates of Pay
5.1.1 Rates of Pay for Adult Employees
5.1.2 Classification Definitions
5.1.3 Procedure for Classifying Employees
5.1.4 Mixed Functions
5.2 Training
5.3 Apprentice Rates of Pay
5.4 Adult Apprentice Rates of Pay
5.5 Unapprenticed Junior Rates of Pay
5.6 Trainee Rates of Pay
5.7 Payment by Results
5.8 Supported Wage System for People with
Disabilities
5.9 Allowances and Special Rates
5.9.1 All‑purpose Allowances
5.9.2 Other Allowances
5.9.3 Special Rates
5.9.4 Transfer, Travelling and Working Away From Usual
Place of Work
5.10 Extra Rates not Cumulative
5.11 Payment of Wages
5.11.1 Period of Payment
5.11.2 Method of Payment
5.11.3 Payment of Wages on Termination of Employment
5.11.4 Day off Coinciding With Pay Day
5.11.5 Wages to be Paid During Working Hours
5.11.6 Absences from Duty Under an Averaging System
PART 6 - HOURS OF WORK, SHIFT
WORK, MEAL BREAKS AND OVERTIME
6.1 Ordinary Hours of Work
6.1.1 Ordinary Hours of Work - Day Workers
6.1.2 Ordinary Hours of Work - Continuous Shiftworkers
6.1.3 Ordinary Hours of Work - Non-Continuous Shiftworkers
6.1.4 Methods of Arranging Ordinary Working Hours
6.1.5 Daylight Saving
6.1.6 Make‑up Time
6.2 Special Provisions for Shiftworkers
6.2.1 Definitions
6.2.2 Afternoon and Night Shift Allowances
6.2.3 Rate for Working on Saturday Shifts
6.2.4 Rate for Working on Sunday and Public Holiday Shifts
6.3 Meal Breaks
6.4 Overtime
6.4.1 Payment for Working Overtime
6.4.2 Requirement to Work Reasonable Overtime
6.4.3 One in, All in Does Not Apply
6.4.4 Rest Period after Overtime
6.4.5 Call Back
6.4.6 Standing By
6.4.7 Saturday Work
6.4.8 Sunday Work
6.4.9 Public Holiday Work
6.4.10 Rest Break
6.4.11 Meal Allowance
6.4.12 Transport of Employees
PART 7 - TYPES OF LEAVE AND
PUBLIC HOLIDAYS
7.1 Annual Leave
7.1.1 Period of Leave
7.1.2 Additional Leave for Seven Day Shift Workers
7.1.3 Payment for Period of Annual Leave
7.1.4 Loading on Annual Leave
7.1.5 How to Calculate the Leave Entitlement
7.1.6 Public Holidays Falling in a Period of Leave
7.1.7 Annual Leave in One or More Separate Periods
7.1.8 Leave is to be Taken
7.1.9 Time of Taking Leave
7.1.10 Leave Allowed Before Due Date
7.1.11 Proportionate Leave on Termination
7.1.12 Annual Close Down
7.2 Long Service Leave
7.3 Sick Leave
7.3.1 Amount of paid sick leave
7.3.2 Single Day Absences
7.3.3 Accumulation of Sick leave
7.3.4 Attendance at Hospital, etc.
7.3.5 Year of Service
7.3.6 Broken Service
7.4 Personal/Carers Leave
7.4.1 Use of Sick leave
7.4.2 Unpaid Leave for Family Purpose
7.4.3 Use of Annual Leave
7.4.4 Use of Time off in Lieu of Payment for Overtime
7.4.5 Use of Make-up Time
7.4.6 Use of Rostered Days Off
7.4.7 Bereavement Leave
7.5 Jury Service
7.6 Parental Leave
7.7 Public Holidays
7.7.1 Prescribed Holidays
7.7.2 Payment for Time Worked on a Public Holiday
7.7.3 Effect on Payment for Holidays if Absent on Working
Day Before or After
7.7.4 Rostered Day Off Falling on Public Holiday
7.7.5 Public Holidays Falling Within a Period of Annual
Leave
SCHEDULE A CLASSIFICATION DEFINITIONS
SCHEDULE B INDUSTRIES AND CALLINGS
1.3 Anti‑Discrimination
1.3.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
1.3.2 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.
1.3.3 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.
1.3.4 Nothing in this
clause is to be taken to affect:
1.3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
1.3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
1.3.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
1.3.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
1.3.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
1.4 Definitions
1.4.1 "Confined
Space" means a compartment, space (access to which is through a manhole or
similar opening) or place the dimensions of which necessitate an employee
working in a stooped or otherwise cramped position, or without proper
ventilation and subject thereto includes the following spaces:
1.4.1
(a) In the case of
a ship, inside complete tanks, chain lockers and peaks, in bilges, under engine
beds, under engine room and stockhold floors, or under or inside boilers;
1.4.1
(b) In the case of
a locomotive - inside the barrels of boilers, fire boxes, water spaces of
tenders, side tanks, bunker tanks, saddle tanks or smoke boxes;
1.4.1
(c) In other
cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road
vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks,
superheaters or economisers.
1.4.2 "Engineering
Streams" are the three broad engineering streams recognised within the
classification definitions set out in Schedule A, namely:
Electrical/electronic; fabrication; and mechanical. Additionally, there are
five vocational fields (as defined). Entry to training in any engineering
stream is not conditional on union membership. The streams are defined as:
1.4.2
(a) "Electrical/electronic
stream" includes the design, assembly, manufacture, installation,
modification, testing, fault finding, commissioning, maintenance and service of
all electrical and electronic devices systems, equipment and controls, eg,
electrical wiring, motors, generators, PLC's and other electronic controls,
instruments, refrigeration, telecommunications, radio and television,
communication and information processing.
1.4.2
(b) "Mechanical
stream" includes the design, assembly, manufacture, installation,
modification, testing, fault finding, commissioning, maintenance and service of
all mechanical equipment, machinery, fluid power systems, automotive mechanics,
instruments, refrigeration, and the use of related computer controlled
equipment, eg, Computer Numeric Controlled machine tools.
1.4.2
(c) "Fabrication
stream" includes fabrication, forging, carpentry, plumbing, founding,
structural steel erection, electroplating, metal spinning, metal polishing,
sheet metal work and the use of related computer controlled equipment. This
includes fabrication in all metals, plastics, carbon fibre, composite materials,
ceramics and other materials.
1.4.3 "New
construction work on a multi‑storey building" means work performed
on a building construction site in connection with the construction of a multi‑storey
building in the course of erection. However, it does not include work
associated with the installation of internal blinds, curtains, moveable
furniture and the like.
For the purposes of this definition a "Multi‑storey
building" means a building of three or more floors (including the ground
floor) above the lowest adjacent street level the principle purposes of which
are:
To store or sell stock of goods and/or vehicles; or
To house persons for purposes of work or entertainment or
residence; or
To contain plant, equipment or machinery.
It does not include structures which are primarily civil or
mechanical engineering structures, or installations, such as power stations,
grain elevators and silos, oil refineries, wharves, jetties, piers, bridges, or
pipelines, water storage towers, or the like.
1.4.4 "Ship
Repairs" means:
1.4.4
(a) All repair
work done on ships;
1.4.4
(b) All work other
than the making of spare parts and stores done in a workshop used for ship
repairs only;
1.4.4
(c) Work done in a
workshop used for ship repairing, general engineering, metal moulding, steel
construction and other heavy metal fabrication on which employees are engaged
both on the ship and in the workshop.
1.4.5 "Vocational
Fields" are the five vocational fields recognised within the
classification structure of this Award, namely: trade; technical;
engineering/production; supervisor/trainer/co-ordinator; and professional. The
fields are defined as:
1.4.5
(a) "Trade"
includes an employee who possesses as a minimum qualification a trade
certificate in any of the engineering streams on the higher engineering trade
(as defined).
1.4.5
(b) "Technical
Field" includes:
(i) Production
planning, including scheduling, work study, and estimating materials, handling
systems and like work.
(ii) Technical
including inspection, quality control, supplier evaluation, laboratory, non‑
destructive testing, technical purchasing, and design and development work
(prototypes, models, specifications) in both product and process areas and like
work.
(iii) Design and
draughting and like work.
1.4.5
(c) "Engineering/Production
Field" includes employees primarily engaged in production work including
production, distribution, stores and warehousing, but does not require a
qualification in the trade, technical, professional or supervisory fields.
1.4.5
(d) "Supervisor/Trainer/Co-ordinator
Field" includes employees who are:
(i) Responsible
for the work of other employees and/or provision of on‑the‑job
training including coordination and/or technical guidance; or
(ii) Responsible
for supervision and/or training of other supervisors or trainers; or
(iii) Responsible
primarily for the exercise of technical skills, as defined, up to the level of
their skill and competence and who are additionally involved in the
supervision/training of other employees.
1.4.5
(e) "Professional
Field" includes an employee who possesses an academic qualification which
enables that employee to become a graduate member of the Institute of
Engineers, Australia or an academic qualification in science set out in the
Academic Schedule appearing in the Metal, Engineering and Associated
Industries, 1998 Part IV - Professional Scientists.
1.4.6 "Adult
Apprentice" means a person of 21 years of age or over at the time of
entering into an indenture. Provided
that this definition shall only apply to indentures entered into after the
making of this award
1.5 Area, Incidence
and Duration
This award rescinds and replaces the Metal and Engineering
Industry (New South Wales) Interim Award (264
I.G. 536), published 2 August, 1991; the Metal and Engineering Industry
(State Wage Case 1996) (State) Award (295 I.G.605), published 1 November, 1996;
the Metal and Engineering Industry Redundancy (State) Award (284 I.G. 954),
published 24 March, 1995; the Metal and Engineering Industry Family Leave
Provisions (State) Award (291 I.G. 52) published 8 March, 1996, and all
variations thereof.
This award shall commence on and from 2 February 2001 and
shall remain in force for a period of 12 months.
It shall apply to all persons of the classes herein
mentioned in the State excluding the County of Yancowinna.
This award shall apply to the Industries and Callings under
the jurisdiction of the Metal and Engineering Industry (New South Wales)
Industrial Committee.
Excepting employees of:
Public Transport Commission of New South Wales;
The Commissioner for Motor Transport;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty. Limited;
The Electrolytic Refining and Smelting Company of Australia
Proprietary Limited;
The Metal Manufactures Limited;
The Australian Fertilizers Limited, and the Austral
Standards Cables Proprietary Company Limited, at Port Kembla;
The Broken Hill Proprietary Company Limited, at Newcastle;
Australian Iron & Steel Proprietary Limited, within the
jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel
Proprietary Limited) Industrial Committee and the Quarries (Australian Iron
& Steel Proprietary Limited) Industrial Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney;
The Council of the City of Newcastle;
The Sydney County Council;
The St. George County Council;
Australian Wire Industries Pty Ltd at its Sydney Wiremill;
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
The Northern Rivers County Council;
The Electricity Commission of New South Wales;
Lysaght Brothers and Company Limited, at Chiswick,
Parramatta River;
Courtaulds (Australia) Limited at or in connection with its
works at Tomago;
Rylands Brothers (Australia) Proprietary Limited at its
works at Port Waratah, near Newcastle;
Commissioner for Main Roads engaged in the maintenance of
the Sydney Harbour Bridge;
Electric Light and Power Supply Corporation Limited;
Parramatta ‑ Granville Electric Supply Company
Limited;
The Australian Gas Light Company,
The North Shore Gas Company Limited;
And excepting also employees -
In or about coal mines north of Sydney, in or about coal
mines in the South Coast district, in or about coal and shale mines west of
Sydney;
In or about metalliferous and limestone mines, in or in
connection with mining for minerals other than coal or shale, and in or about
diamond and gem‑bearing mines, mining dredges, ore sluicing processes,
ore smelting, refining, treatment and reduction works;
And excepting also -
Persons employed in or by the United Dental Hospital of
Sydney;
And excepting employees within the jurisdiction of the
following Industrial Committees -
Special Steels and Steel Products Manufacture
(Commonwealth Steel Company Limited);
University Employees, &c. (State);
Tubemakers of Australia Limited, Newcastle;
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Newcastle;
Wire Rope Makers, &c. (Australian Wire Rope Works
Proprietary Limited);
Commonwealth Steel Company Limited, Unanderra;
Tubemakers of Australia Limited, Yennora;
Smelting and Fertilizer Manufacturing (Sulphide Corporation
Pty Limited and Greenleaf Fertilizers Limited);
Milk Treatment, &c., and Distribution (State);
Cement Workers, &c. (State);
Shoalhaven Scheme;
Googong Dam Project;
And excepting also -
Persons coming within the jurisdiction of the Crown
Employees (Skilled Tradesmen) Industrial Committee;
Employees within the jurisdiction of University Building
Maintenance Employees (State) Industrial Committee.
Persons within the jurisdiction of the Municipal and Shire
Council Employees Industrial Committee;
Persons coming within the jurisdiction of the Public
Hospital (Skilled Tradesmen) Industrial Committee.
Persons employed in or by Newcastle Newspapers Pty Limited
for so long as it observes the provisions of Industrial Agreement No. 8447.
PART 2 - ENTERPRISE FLEXIBILITY
Summary
These clauses provide for how the award may be varied in
order to meet the particular needs of an enterprise.
2.1 Enterprise Flexibility
Where an employer or employees wish to pursue an agreement
at the enterprise or workplace about how the award should be varied so as to
make the enterprise or workplace operate more efficiently according to its
particular needs, the following process shall apply:
2.1.1 A consultative
mechanism and procedures appropriate to the size, structure and needs of the
enterprise or workplace shall be established.
2.1.2 For the purpose
of the consultative process the employees may nominate the Union or Unions
bound by this award, or other representative, to represent them.
2.1.3 Where agreement
is reached an application shall be made to the Commission.
2.2 Facilitative Provisions
2.2.1 Agreement to
Vary Award Provisions -
2.2.1
(a) This award
contains facilitative provisions which allow agreement between an employer and
employees on how specific award provisions are to apply at the workplace or
section or sections of it. The facilitative provisions are identified in 2.2.2,
2.2.3 and 2.2.4.
2.2.1
(b) The specific
award provisions establish both the standard award condition and the framework
within which agreement can be reached as to how the particular provisions
should be applied in practice. Facilitative provisions are not to be used as a
device to avoid award obligations nor should they result in unfairness to an
employee or employees covered by this award.
2.2.2 Facilitation
by Individual Agreement -
2.2.2
(a) The following
facilitative provisions can be utilised upon agreement between an employer and
an employee provided that the agreement complies with clause 2.2.2(b), (c)(i)
and (ii):
4.2.4(b)(iii)
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Variation to Hours Part‑time Employment
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5.9.1(d)(ii)
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Tool Allowance
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6.1.6
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Make‑up Time
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6.3.5
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Meal Breaks
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6.4.1(d)
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Time Off in Lieu of Payment for Overtime
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6.4.4(d)
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Rest Period after Overtime
|
7.1.7(b)
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Annual Leave in One or More Separate Periods
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7.1.9(c)
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Time of Taking Annual Leave
|
2.2.2
(b) The agreement
reached must be recorded in the time and wage record kept by the employer in
accordance with Division 2 of Part 3 of the Industrial Relations (General)
Regulation 1996.
2.2.2
(c)
(i) If an
employee is a member of a union bound by the award, the employee may be
represented by the union in meeting and conferring with the employer about the
implementation of the facilitative provisions.
(ii) The union
must be given a reasonable opportunity to participate in negotiations regarding
the proposed implementation of a facilitative provision. Union involvement does
not mean that the consent of the union is required prior to the introduction of
agreed facilitative arrangements.
2.2.3 Facilitation
by Majority or Individual Agreement -
2.2.3
(a) Subject to
paragraphs (b) and (c) of this subclause, the following facilitative provisions
can be utilised upon agreement between the employer and the majority of
employees in the workplace or a section or sections of it OR, the employer and
an individual employee:
5.11.1(b)
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Payment of Wages
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6.1.1(b)
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Ordinary hours of Work for Day Workers on Weekends
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6.1.1(c)
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Variation to Spread of Hours for Day Workers
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6.1.4(a)&(b)
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Methods of Arranging Ordinary Working Hours
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6.2.1
|
Shift Definitions
|
6.3.1(b)
|
Working in Excess of Five Hours without a Meal Break
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7.7.1(e)
|
Substitution of Public Holidays
|
2.2.3
(b) Majority
Agreement - Where agreement has been reached with the majority of employees in
the workplace or a section or sections of it to implement a facilitative
provision in 2.2.3(a), the employer may not implement that agreement unless:
(i) it complies
with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and
(ii) agreement has
been reached with each individual employee to be covered by the facilitative
provision.
2.2.3
(c) Individual
Agreement - Where no agreement has been sought by the employer with the
majority of employees in accordance with 2.2.3(b), the employer may seek to
reach agreement with individual employees in the workplace, and such agreement
will be binding on individual employees provided it complies with 2.2.2(b) and
(c) and provided that the agreement is only with an individual employee or a
number of individuals less than the majority in the workplace or a section or
sections of it.
2.2.4 Facilitation
by Majority Agreement -
2.2.4
a) The following
facilitative provisions may only be utilised upon agreement between the
employer and the majority of employees in the workplace or a section or
sections of it:
6.1.2(c)
|
Ordinary Hours of Work, Continuous Shift Workers
|
6.1.3(b)
|
Ordinary Hours of Work, Non‑continuous Shift Workers
|
6.1.4(c)
|
12 Hour Shifts
|
6.2.4(d)
|
Public Holiday Shifts
|
7.1.1(a)(ii)
|
Period of Annual Leave
|
7.1.12(d)(iii)
|
Annual Close Down
|
2.2.4
(b) Where
agreement has been reached with the majority of employees in the workplace, or
a section or sections of it, to implement a facilitative provision in 2.2.4(a),
that agreement shall be binding on all such employees, provided the
requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.
2.2.5 Additional
Safeguard -
2.2.5
(a) An additional
safeguard applies to:
5.11.1(b)
|
Period of Payment of Wages
|
6.1.2(c)
|
Ordinary Hours of Work, Continuous Shift Workers
|
6.1.3(b)
|
Ordinary Hours of Work, Non-Continuous Shift Workers
|
2.2.5
(b) The additional
safeguard requires that the unions which are party to the award and which have
members employed at an enterprise covered by the award shall be informed by the
employer of the intention to use the facilitative provision and shall be given
a reasonable opportunity to participate in the negotiations regarding its use.
Union involvement in this process does not mean that the consent of the union
is required prior to the introduction of agreed facilitative arrangements at
the enterprise.
2.2.6 Majority Vote
at the Initiation of the Employer - A vote of employees in the workplace, or a
section or sections of it, taken in accordance with 2.2.3 or 2.2.4, to
determine if there is majority employee support for implementation of a
facilitative provision, will be of no effect, unless taken with the agreement
of the employer.
2.2.7 Dispute Over
Facilitation - In the event that a dispute or difficulty arises over the
implementation or continued operation of a facilitative provision, the matter
will be handled in accordance with the dispute resolution procedure in clause
3.2
Part 3 - Consultation and Dispute Resolution
3.1 Consultative Mechanism and Procedures
3.1.1 At the
discretion of the employer each enterprise covered by this award the employer
and employees and, if appropriate an appropriate representative including a
trade union bound by this award, may establish a mechanism and procedures which
enables them to communicate and consult about matters arising out of this
award, in particular clauses 2.1 and 2.2 which they agree would assist in
achieving and maintaining co‑operative workplace relations and mutually
beneficial work practices.
3.1.2 The employer
shall permit a notice board to be erected in the plant, or each part of a
plant, to facilitate communication between employees and/or their union
representatives.
3.2 Dispute Resolution Procedure
Summary
Each enterprise must establish a procedure to avoid or
resolve disputes.
3.2.1 A procedure for
the avoidance or resolution of disputes will apply in all enterprises covered
by this Award. The mechanism and procedures for resolving industrial disputes
will include, but not be limited to, the following:
3.2.1
(a) The employee/s
concerned will first meet and confer with their immediate supervisor. The
employee/s may appoint another person to act on their behalf including a shop
steward or delegate of their union.
Subject to 3.2.2 and 3.2.3 where the shop steward or
delegate is involved he/she shall be allowed the necessary time during working
hours to interview the employee(s) and the supervisor.
3.2.1
(b) If the matter
is not resolved at such a meeting the parties will arrange further discussions
involving more senior management as appropriate. The employee may invite a
union official to be involved in the discussions. The employer may also invite
into the discussions an officer of the employer organisation to which the
employer belongs.
The shop steward or delegate shall be allowed at a
place designated by the employer, a reasonable period of time during working
hours to interview the duly accredited Union Officials of the Union to which
they belong.
3.2.1
(c) If the matter
remains unresolved, the employer may refer it to a more senior level of
management or to a more senior national officer within the employer
organisation. The employee may invite a more senior union official to be
involved in the discussions. In the event there is no agreement to refer the
matter to a more senior level or it is agreed that such a reference would not
resolve the matter the parties shall jointly or individually refer the matter
to the Industrial Relations Commission of New South Wales for assistance in
resolving the matter.
3.2.2 In order to
facilitate the procedure in 3.2.1:
3.2.2
(a) The party with
the grievance must notify the other party at the earliest opportunity of the
problem;
3.2.2
(b) Throughout all
stages of the procedure all relevant facts must be clearly identified and
recorded;
3.2.2
(c) Sensible time
limits must be allowed for completion of the various stages of discussion.
However, the parties must co-operate to ensure that the disputes resolution
procedures are carried out as quickly as possible.
3.2.3 While the
parties are attempting to resolve the matter the parties will continue to work
in accordance with this award and their contract of employment unless the
employee has a reasonable concern about an imminent risk to his or her health
and safety. Subject to relevant provisions of the Occupational Health and Safety Act 1983, even if the employee has a
reasonable concern about an imminent risk to his or her health or safety, the
employee must not unreasonably fail to comply with a direction by his or her
employer to perform other available work, whether at the same enterprise or
another enterprise, that is safe and appropriate for the employee to perform.
Part 4 - Employment Relationship
4.1 Employer and Employee Duties
Summary
An employee has certain obligations to carry out duties as
directed. Any direction by the employer must be consistent with a safe and
healthy work environment.
4.1.1 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.
4.1.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
4.1.3 Any direction
issued by an employer under this clause is to be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
4.2 Employment Categories
Summary
This clause describes the various categories of employment
under this award.
4.2.1 Probationary
Employment -
4.2.1
(a) An employer
may initially engage a full‑time or part‑time employee for a period
of probationary employment for the purpose of determining the employee's
suitability for ongoing employment. The employee must be advised in advance
that the employment is probationary and of the duration of the probation which
can be up to but not exceed three months.
4.2.1
(b) A probationary
employee is for all purposes of the award a full‑time or part‑time
employee.
4.2.1
(c) Probationary
employment forms part of an employee's period of continuous service for all
purposes of the award, except where otherwise specified in this award.
4.2.2 Full-time
Employment - Any employee not specifically engaged as being a part‑time
or casual employee is for all purposes of this award a full‑time
employee, unless otherwise specified in the award.
4.2.3 Casual
Employment - A casual employee is one engaged and paid as such. A casual employee for working ordinary time
shall be paid one thirty eighth of the weekly award wage prescribed herein for
the work which he or she performs, plus 15 per cent.
4.2.4 Part‑time
Employment -
4.2.4
(a) An employee
may be engaged to work on a part‑time basis involving a regular pattern
of hours which shall average less than 38 hours per week.
4.2.4
(b)
(i) Before
commencing part‑time employment, the employee and employer must agree:
(1) upon the hours
to be worked by the employee, the days upon which they will be worked and the
commencing and finishing times for the work;
(2) upon the
classification applying to the work to be performed in accordance with Clause
5.1 of this award;
(ii) Except as
otherwise provided in this Award a part‑time employee is entitled to be paid for the hours agreed
upon in accordance which 4.2.4 (b)(i)(1).
(iii) The terms of
this agreement may be varied by consent.
(iv) The terms of
this agreement or any variation to it shall be in writing and retained by the
employer. A copy of the agreement and any variation to it shall be provided to
the employee by the employer.
4.2.4
(c) The terms of
this award shall apply pro rata to part-time employees on the basis that
ordinary weekly hours for full-time employees are 38.
4.2.4
(d) Overtime - A
part-time employee who is required by the employer to work in excess of the
hours agreed upon in accordance with 4.2.4(b) (i) and (iii), shall be paid
overtime in accordance with clause 6.4 of this award.
4.2.4
(e) Public
Holidays - Where the part-time employee's normal paid hours fall on a public
holiday prescribed in clause 7.7 and work is not performed by the employee,
such employee shall not lose pay for the day. Where the employee works on the
holiday, such employee shall be paid in accordance with Clause 7.7 of this
award.
4.2.5 Employment
for a Specific Period of Time or a Specific Task or Tasks -
4.2.5
(a) An employee
may be engaged on a full time or part time basis for a specific period of time
or for specific task/s.
4.2.5
(b) The details of
the specific period of time or specific task/s shall be set out in writing and
retained by the employer. The employer shall provide a copy to the employee.
4.2.5
(c) An employee
engaged in accordance with 4.2.5(a) is for all purposes of the award a full‑time
or part‑time employee, except where otherwise specified in this award.
4.2.5
(d) Service under
a contract of employment for a specific period of time or specific task/s shall
form part of an employee's period of continuous service, where such employee is
engaged as a full‑time or part‑time employee immediately following
such contract of employment.
4.2.6 Apprentices -
4.2.6
(a) The terms of
this award will apply to apprentices (including adult apprentices, as defined)
except where it is otherwise stated or where special provisions are stated to
apply. Apprentices may be engaged in trades or occupations provided for in this
clause where declared or recognised by an Apprenticeship Authority.
4.2.6
(b) Apprenticeship
Authority shall mean the Commissioner of Vocational Training appointed under
the Industrial and Commercial Training Act 1989, the Vocational Training
Board constituted under the Act or the Industrial Relation Commission
established by the Industrial Relations Act 1996.
4.2.6
(c)
(i) The period of
apprenticeship shall be four years.
(ii) The period
may be varied with the approval of the apprenticeship authority provided that
any credits granted shall be counted as part of the apprenticeship for the
purpose of wage progression under clause 5.3.
(iii) Further, the
period may be varied to such other period as is approved by the apprenticeship
authority on the basis of an approved competency based training programme.
(iv) The wage rates
mentioned in clause 5.3 may be varied with the approval of the relevant parties
to this award according to the apprentice affected, and the relevant
apprenticeship authority to allow for progression between wage levels based on
the gaining of agreed competencies and/or modules instead of the year of the
apprenticeships. For example, the
appropriate proportion of the minimum training requirement associated with the
year of the apprenticeship could only be used to identify progression from one
percentage rate to the next.
4.2.7 Trainees - The
parties to this Award shall observe the terms of the Metal Trades (Training
Wage) (State) Award.
4.2.8 Unapprenticed
Juniors - The terms of this award apply to unapprenticed juniors except where
otherwise stated or where special provisions are stated to apply.
4.3 Termination of Employment
Summary
This clause describes certain rights and obligations of both
employer and employees in circumstances where employment is terminated.
4.3.1 Notice of
Termination by Employer -
4.3.1
(a) In order to
terminate the employment of an employee the employer must give to the employee
the following notice:
Period of Service
|
Period of Notice
|
|
|
1 year or less
|
l week
|
1 year and up to the
|
|
completion of 3 years
|
2 weeks
|
3 years and up to the
|
|
completion of 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
4.3.1
(b) In addition to
the notice in 4.3.1(a) employees over 45 years of age at the time of the giving
of the notice with not less than two years service, are entitled to an
additional week's notice.
4.3.1
(c) Payment in
lieu of the notice prescribed in 4.3.1(a) and (b) must 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.
4.3.1
(d) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice, had their employment not been terminated, must be used.
4.3.1
(e) The period of
notice in this clause does not apply in the case of dismissal for serious
misconduct, or in the case of casual employees, apprentices, or employees
engaged for a specific period of time or for a specific task or tasks.
4.3.1
(f) For the
purposes of this clause, service shall be calculated in the manner prescribed
by subclause 7.1.5 - How to Calculate Leave.
4.3.2 Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, except that there
is no additional notice based on the age of the employee concerned. If an
employee fails to give notice the employer has the right to withhold moneys due
to the employee to a maximum amount equal to the ordinary time rate of pay for
the period of notice.
4.3.3 Summary
Dismissal - The employer has the right to dismiss any employee without notice
for serious misconduct and in such cases any entitlements under this award are
to be paid up to the time of dismissal only.
4.3.4 Time Off During
Notice Period - Where an employer has given notice to an employee, an employee
shall be allowed up to one day's time off without loss of pay for the purpose
of seeking other employment. The time off shall be taken at times that are
convenient to the employee after consultation with the employer.
4.4 Redundancy
4.4.1 Application -
4.4.1
(a) This clause
shall only apply in respect of full-time and part-time employees.
4.4.1
(b) This clause
shall apply in respect of employers who employ 15 employees or more immediately
prior to the termination of employment of employees.
4.4.1
(c) Notwithstanding
anything contained elsewhere in this clause, 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.
4.4.1
(d) Notwithstanding
anything contained elsewhere in this clause, 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.
4.4.2 Introduction
of Change -
4.4.2.1 Employer's Duty
to Notify -
4.4.2.1
(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.
4.4.2.1
(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.
4.4.2.2 Employer's Duty
to Discuss Change -
4.4.2.2
(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 4.4.2.1, the effects
the changes are likely to have on employees and measures to avert or mitigate
the adverse effects of such changes on employees, and shall give prompt
consideration to matters raised by the employees and/or the union in relation
to the changes.
4.4.2.2
(b) The discussions
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in 4.4.2.1.
4.4.2.2
(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 effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
4.4.3 Redundancy -
4.4.3.1 Discussions
Before Terminations -
4.4.3.1
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to 4.4.2.1(a), 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.
4.4.3.1
(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 4.4.3.1(a) 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 of the employees concerned.
4.4.3.1
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees
normally employed and the period over which the terminations are likely
to be carried out. Provided that any
employer shall not be required to disclose confidential information the
disclosure of which would adversely affect the employer.
4.4.4 Termination
of Employment -
4.4.4.1 Notice for
Changes in Production, Programme, Organisation or Structure -
4.4.4.1
(a) The notice
provisions to be applied to terminations by the employer for reasons arising
from changes in production, programme, organisation or structure shall be the
same as that provided in 4.3 Termination of Employment.
4.4.4.1
(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.
4.4.4.2 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 4.4.2.1(a).
4.4.4.2 (a) In order to terminate the employment of
an employee the employer shall give to the employee 3 months notice of
termination.
4.4.4.2
(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.
4.4.4.2
(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.
4.4.4.3 Time Off During
the Notice Period -
4.4.4.3
(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 5 weeks, for the purposes of seeking other employment.
4.4.4.3
(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.
4.4.4.4 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.
4.4.4.5 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.
4.4.4.6 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 provided by
Centrelink
4.4.4.7 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subclause (i) of Clause 4 of this award, 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.
4.4.5 Severance Pay
-
4.4.5.1 Amounts - Where
an employee is to be terminated pursuant to subclause 4.4.4, the employer shall
pay the following severance pay in respect of a continuous period of service:
4.4.5.1
(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
|
4.4.5.1
(b) Where an
employee is 45 years old 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
|
4.4.5.1
(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, over award payments, shift penalties and allowances.
4.4.5.2 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 4.4.5.1 above.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable
effect paying the amount of severance pay in subclause 4.4.5.1 above will have
on the employer.
4.4.5.3 Alternative
Employment - 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 4.4.5.1 above if the
employer obtains acceptable alternative employment for an employee.
4.5 Absence from Duty
Unless a provision of this award states otherwise (e.g. sick
leave), an employee not attending for duty will lose their pay for the actual
time of such non-attendance.
4.6 Standing Down Employees
Summary
The employer has the right to stand down an employee without
pay in certain circumstances.
The employer has the right to deduct payment for any day the
employee cannot be usefully employed because of any strike or through any
breakdown in machinery or any stoppage of work by any cause for which the
employer cannot reasonably be held responsible.
4.7 Abandonment of Employment
Summary
This clause describes the circumstances which amount to
abandonment of employment by an employee.
The absence of an employee from work for a continuous period
exceeding three working days without the consent of the employer and without
notification to the employer shall be prima facie evidence that the employee
has abandoned their employment.
Provided that if within a period of 14 days from their last
attendance at work or the date of their last absence in respect of which
notification has been given or consent has been granted an employee has not
established to the satisfaction of the employer that they were absent for
reasonable cause, they shall be deemed to have abandoned their employment.
Termination of employment by abandonment in accordance with
this subclause shall operate as from the date of the last attendance at work or
the last day's absence in respect of which consent was granted, or the date of
the last absence in respect of which notification was given to the employer,
whichever is the later.
4.8 Pay Slips and Employer Records
4.8.1 Pay Slips -
Section 123 of the Industrial Relations
Act 1996 (NSW) (‘the Act’) requires that when an employer pays remuneration
to an employee, the employer must supply the employee with written particulars
regarding the payment. The section
enables an employer, with the approval of the Industrial Registrar, to make
different arrangements for the supply of information about remuneration.
NOTE: The written
particulars required by the Act, as set out in clause 6 of the Industrial
Relations (General) Regulation 1996, are subject to change from time to time
and are repeated here for convenience only.
"CLAUSE 6 Particulars
of remuneration to be supplied to employees
(1) For the
purposes of section 123 of the Act, the following written particulars are to be
supplied by the employer to an employee when remuneration is paid to the
employee:
(a) the name of
the employee,
(b) if the
remuneration of the employee is set by an industrial instrument the
classification of the employee under that instrument,
(c) the date on
which the payment was made,
(d) the period of
employment to which the payment relates,
(e) the gross
amount of remuneration (including overtime and other payments),
(f) the amount
paid as overtime or such information as will enable the employee to calculate
the amount paid as overtime,
(g) the amount
deducted for taxation purposes,
(h) the amount
deducted as employee contributions for superannuation purposes,
(i) the
particulars of all other deductions,
(j) the net
amount paid."
4.8.2 Employer
Records - Section 129 of the Industrial
Relations Act 1996 (NSW) (‘the Act’) requires that an employer must ensure
that certain records are kept in relation to employees of the employer.
NOTE: The records
required by the Act, as set out in Division 2 - Employers’ records, of Part 3
of the Industrial Relations (General) Regulation 1996, are subject to change
from time to time and are summarised here for convenience only.
"CLAUSE 8 Content
of records - General
The prescribed records relating to an employee must contain
the following particulars:
(a) the full name
of the employer,
(b) the full name
of the employee,
(c) if any conditions of employment of the
employee are set by an industrial instrument the classification of the employee
under that instrument,
(d) whether the
employee is employed full-time or part-time,
(e) whether the
employee is employed on a permanent, temporary or casual basis,
(f) if the
employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act
1989 the date the person became such an apprentice or trainee,
(g) the date on
which the employee was first employed with the employer,
(h) if the
employee's employment is terminated the date of termination.
CLAUSE 9 Content
of records - Remuneration And Hours Worked
9(1) [Particulars re
remuneration] The prescribed records
relating to an employee must contain the following particulars concerning the
remuneration paid and hours worked by the employee:
(a) if the
relevant industrial instrument prescribes the number of hours to be worked per
week, day or other period the number of hours worked by the employee during
each such period,
(b) if the
relevant industrial instrument limits the daily hours of work and provides for
the payment of daily overtime the number of hours worked by the employee during
each day and the times of starting and ceasing work,
(c) if the
relevant industrial instrument prescribes a weekly, daily, hourly or other
period rate of remuneration the rate of remuneration per week, day, hour or
other period at which the employee is paid,
(d) if the
relevant industrial instrument prescribes piece-work the number and description
of pieces made by the employee and the rate per piece at which the employee is
paid,
(e) the gross
amount of remuneration paid to the employee, showing the deductions made from
that remuneration,
(f) such other
particulars as are necessary to show that the requirements of the relevant
industrial instrument relating to remuneration paid and hours worked are being
complied with.
9(2) [Remuneration
defined] In this clause, remuneration includes overtime and other payments.
CLAUSE 10 Content of
records - Leave
The prescribed records relating to an employee must contain
the following particulars about leave of any kind to which the employee is
entitled under the industrial relations legislation or an industrial
instrument:
(a) the leave
taken by the employee,
(b) the
employee's entitlement from time to time to that leave,
(c) accrual of
leave.
CLAUSE 11 Content of
records - Superannuation Contributions
11(1) [Particulars re
superannuation] The prescribed records
relating to an employee must contain the following particulars about any
superannuation contributions that the employer must make for the benefit of the
employee under an industrial instrument:
(a) the amount of
the contributions made,
(b) the period
over which the contributions are made,
(c) when the
contributions are made,
(d) the name of
the fund or funds to which the contributions were made,
(e) the basis on
which the employer became liable to make the contributions (including
particulars of any relevant election by the employee).
11(2) [Certain
particulars not required] The
particulars referred to in subclause (1)(a)-(c) are not required in the case of
contributions to a defined benefit superannuation fund within the meaning of
the Occupational Superannuation Standards Regulations of the Commonwealth.
CLAUSE 12 Manner and
form of keeping records
12(1) [Prescribed
records in English] The prescribed
records must be:
(a) in legible
form in the English language, or
(b) in
computerised or other form that is readily accessible and is convertible into a
legible form in the English language.
12(2) [Enabling
inspection] For the purposes
of enabling an inspector or other person to exercise any power conferred by the
Act to inspect any records kept in the form referred to in subclause (1)(b),
the relevant part of the records are to be converted into legible form in the
English language.
4.9 Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996 (NSW).
4.10 Award to be Posted
Section 361 of the Industrial
Relations Act 1996 (NSW) requires that an employer of employees whose
conditions of employment at any premises are affected by this award must cause
a copy of this award to be exhibited in a conspicuous place at those premises.
4.11 Shop Stewards
and Notice Board
4.11.1 Shop Stewards
-
4.11.1
(a) An employee
appointed shop steward in the shop or department in which he/she is employed
shall upon notification thereof to his/her employer, be recognised as the
accredited representative of the union to which he/she belongs. An accredited shop steward shall be allowed
the necessary time during working hours to interview the employer or his/her
representative on matters affecting employees whom he/she represents.
4.11.1
(b) Subject to the
prior approval of the employer an accredited shop steward shall be allowed at a
place designated by the employer a reasonable period of time during working
hours to interview a duly accredited union official of the union to which
he/she belongs on legitimate union business.
1. Notice Board
- The employer shall permit a notice board of reasonable dimensions to be
erected in a prominent position in his/her plant or in separate buildings in
each plant so that it will be reasonably accessible to all his/her employees
working under the award. Accredited
union representatives shall be permitted to put on the notice board or boards,
union notices, signed or countersigned by the representative posting it. Any notice posted on such board not so
signed or countersigned may be removed by an accredited union representative or
by the employer.
Part 5 - Rates of Pay and Related Matters
5.1 Classifications and Rates of Pay
5.1.1 Rates Of Pay
For Adult Employees -
5.1.1
(a) Adult
employees, other than those specified in 5.1.1(b), shall be entitled to receive
the award rate of pay for the relevant classification as set out in the table
in 5.1.1(c).
5.1.1
(b) The following
adult employees are not entitled to receive the award rate of pay set out in the table in 5.1.1(c):
Apprentices and Adult Apprentices (as defined) (refer
to Clauses 5.3 and 5.4);
Employees receiving a supported wage (refer to Clause
5.8);
Trainees (refer to Clause 5.6);
5.1.1
(c) Schedule of
Rates of Pay -
Wage Group
|
Base rate
per week
$
|
Suppl.
Payment
per week
$
|
SWC
adjustments
$
|
Weekly
award rate
$
|
Hourly
rate
$
|
Level C14
|
284.80
|
40.60
|
75.00
|
400.40
|
10.54
|
Level C13
|
299.50
|
42.60
|
75.00
|
417.10
|
10.98
|
Level C12
|
319.20
|
45.40
|
75.00
|
439.60
|
11.57
|
Level C11
|
337.40
|
48.10
|
75.00
|
460.50
|
12.12
|
Level C10
|
365.20
|
52.00
|
75.00
|
492.20
|
12.95
|
Level C9
|
383.50
|
54.60
|
75.00
|
513.10
|
13.50
|
Level C8
|
401.70
|
57.20
|
75.00
|
533.90
|
14.05
|
Level C7
|
420.00
|
59.80
|
73.00
|
552.80
|
14.55
|
Level C6
|
456.50
|
65.00
|
71.00
|
592.50
|
15.59
|
Level C5
|
474.80
|
67.60
|
71.00
|
613.40
|
16.14
|
Level C4
|
493.00
|
70.20
|
71.00
|
634.20
|
16.69
|
Level C3
|
529.50
|
75.40
|
71.00
|
675.90
|
17.79
|
Level C2(a)
|
547.80
|
78.00
|
71.00
|
696.80
|
18.34
|
Level C2(b)
|
584.30
|
83.20
|
69.00
|
736.50
|
19.38
|
Level C1(a)
|
657.40
|
93.60
|
69.00
|
820.00
|
21.58
|
Level C1(b)
|
766.90
|
109.20
|
69.00
|
945.10
|
24.87
|
5.1.1
(d) State Wage
Case Adjustments - The rates of pay in this award include the adjustments payable
under State Wage Case 2000. These
adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
5.1.1.
(e) Phasing in of
Wage Rates of Employees without relevant Work Experience - An employee who
possesses the appropriate level of academic qualifications and who otherwise
meets the requirements of the relevant classification definition but who is
without prior experience in the metal and engineering industry or other
relevant work experience shall be paid in accordance with the following
formula:
Qualification
|
Years of Relevant
Experience
|
% of Relevant Work Rate
of Pay
|
|
|
|
Advanced Certificate
|
0
|
77% of C5 Rate
|
or National Diploma
|
1
|
85% of C5 Rate
|
|
2
|
96% of C5 Rate
|
|
3
|
100% of C5 Rate
|
|
|
|
Associate Diploma
|
0
|
72% of C3 Rate
|
or National Advanced
|
1
|
79% of C3 Rate
|
Diploma
|
2
|
89% of C3 Rate
|
|
3
|
93% of C3 Rate
|
|
4
|
100% of C3 Rate
|
5.1.1
(f) For the
purposes of this clause, any entitlement to wages expressed to be by the week
shall mean any entitlement which an employee would receive for performing 38
hours of work.
5.1.2 Classification
Definitions - The definitions of the classifications for each of the wage
levels referred to in 5.1.1(c) are set out in Schedule A.
5.1.3 Procedure For
Classifying Employees -
5.1.3
(a) The procedures
for reclassifying employees under this award are set out in the National Metal
and Engineering Competency Standards Implementation Guide distributed by the
Manufacturing, Engineering and Related Services Industry Training Advisory
Body.
5.1.3
(b) Without
detracting from any of the processes set out in 5.1.3(e), any disputes in
relation to classification or reclassification, including disputes relating to
the terms of the National Metal and Engineering Competency Standards
Implementation Guide, shall be handled in accordance with the Dispute
Resolution Procedure in clause 3.2 of this award.
5.1.3
(c)
(i) It shall be a
term of the award that where there is agreement to implement the standards at
the enterprise, or in the event that the classification of an employee is
called into question, the issue shall be settled by the application of
competency standards in accordance with this clause and the National Metal and
Engineering Competency Standards Implementation Guide or by reference to the
minimum training requirement in the relevant classification definition, except
as provided in paragraphs (ii) (iii) and (iv) below.
(ii) Where the
employee has a relevant qualification recognised as a minimum training
requirement for the level at which the employee seeks to be classified and
he/she is exercising or will be required to exercise the skills and knowledge
gained from that qualification necessary for that level of work the employee
shall be classified appropriately. It is up to the employer to demonstrate
reasons for a qualification that is a recognised minimum training requirement
not being regarded as relevant for an employee's work. Any disputes which
cannot be resolved at the enterprise level over the application of this clause
in the first instance are to be referred to the Committee prescribed in
5.1.3(e)(i) of this award.
(iii) Where skill
standards have not been finalised in respect of any class of work, and this is
necessary for determining an employee's classification, employees performing
such work shall not be reclassified until such standards are available except
as provided for in paragraphs (ii) and (iv) of this subclause.
(iv) Where the
situation described in paragraph (iii) above applies, but not under any other
circumstances, an employee may be reclassified on the basis that the employee
meets the requirements of the classification definitions prescribed in Schedule
A of this Award.
(v) All employees
engaged under the award at the relevant classification levels shall be subject
to the metal and engineering competency standards.
5.1.3
(d) Other
provisions to be followed where competency standards are being implemented in
an enterprise:
(i) Management
and employee representatives responsible for oversighting the implementation of
competency standards within enterprises shall be given access to briefing
and/or training courses on the standards prior to implementation.
(ii) Such
briefings/training courses on the metal and engineering competency standards
and Implementation Guide should be approved by the Manufacturing Engineering
and Related Services Industry Training Advisory Body (MERISTAB). These briefings/training
courses can be either a joint briefing delivered by the parties or by one party
with the approval of other relevant parties at the enterprise or an approved
course delivered by a MERSITAB recognised provider with the approval of the
relevant parties at the enterprise level. The above does not exclude the
delivery of additional training or advice by the parties or the MERSITAB to
enterprises.
5.1.3
(e) Facilitation
of Implementation -
(i) A Committee
to facilitate the implementation of standards, chaired by an independent agreed
chairperson and consisting of the relevant employer and union parties to the
award shall meet as required to monitor the implementation of standards until
30 June 2001. The Executive Officer of the Manufacturing, Engineering and
Related Services Industry Training Advisory Body shall also be a member of the
Committee. The need for the Committee shall be reviewed before 30 June 2001.
The Committee will be responsible for: monitoring implementation; dealing with
any major implementation problems including the application of points;
refinement of the standards in respect of their use within the award; any
variation to, or dispute over, the National Metal and Engineering Competency
Standards Implementation Guide in the light of experience during the
implementation process; and co-ordinating any further advice to enterprises.
In dealing with any major problems the Committee may:
• request
national officials of the relevant industry parties to meet immediately to
attempt to resolve the concerns;
• make
arrangements for an assessment and report by experts representing the relevant
industry parties. The Committee would then consider the report of the experts
and agree on a course of action to resolve the concerns;
• recommend
that implementation be suspended in an enterprise or enterprises whilst the
Committee deals with the issues of concern.
(ii) Where
necessary an application may be made to the Industrial Committee as set out in
subclause 5.1.3(g) for the purpose of resolving any disputes or difficulty or
likely dispute or difficulty in relation to the implementation of competency
standards either at the industry or enterprise level.
(iii) During the
period of operation of the Committee established under subparagraph
5.1.3(e)(i), if any problem arises in relation to implementation of the
standards at the enterprise level which cannot be resolved by the parties at
that level then it shall be referred to that Committee. If resolution is not
achieved, the matter will be referred to the Industrial Committee as set out in
subparagraph 5.1.3(e)(ii).
Notwithstanding the above, the rights of any party to
pursue whatever other course of action is available under the Industrial Relations Act 1996 remains
available.
5.1.3
(f) Points - The
points to be assigned to the classification levels under the award shall be:
Award Classification
|
|
Level Recommended Points
|
|
|
|
C14 -
|
|
|
C13 -
|
|
|
C12
|
...
|
32
|
C11
|
...
|
64
|
C10
|
...
|
96
|
C9
|
...
|
12 additional points above C10
|
C8
|
...
|
24 additional points above C10
|
C7
|
...
|
36 additional points above C10
|
C6
|
...
|
48 additional points above C10
|
C5
|
...
|
60 additional points above C10
|
C4
|
...
|
Standards and points to be finalised
|
C3
|
...
|
Standards and points to be finalised
|
C2a
|
...
|
Standards and points to be finalised
|
C2b
|
...
|
Standards and points to be finalised
|
C1a
|
...
|
Standards and points to be finalised
|
C1b
|
...
|
Standards and points to be finalised
|
|
|
|
|
and in accordance with Table 2 in the National Metal
and Engineering Competency Standards Implementation Guide.
5.1.3
(g) Industrial
Committee - Competency Standards Implementation - Notwithstanding the
provisions of this clause, an application may be made to the Industrial
Committee for the purpose of resolving any dispute or difficulty or likely
dispute or difficulty in relation to the implementation of competency standards
either at the industry or enterprise level.
5.1.4 Mixed Functions
- An employee engaged for more than two hours during one day or shift on duties
carrying a higher rate than his or her ordinary classification shall be paid
the higher rate for such day or shift. If for two hours or less during one day
or shift he or she shall be paid the higher rate for the time so worked.
5.2 Training
5.2.1 Following
proper consultation in accordance with clause 3.1, which may include the
establishment of a training committee, an employer shall develop a training
program consistent with:
• the current
and future skill needs of the enterprise;
• the size,
structure and nature of the operations of the enterprise;
• the need to
develop vocational skills relevant to the enterprise and the industry through
courses conducted by accredited institutions and providers.
5.2.2 Where it is
agreed that a training committee be established it shall include employer and
employee representatives. The role of the training committee shall be clearly
set out and shall include:
• formulating a
training program including available training courses and career opportunities;
• recommending
individual employees for training and reclassification; and
• monitoring
and advising management and employees regarding the on-going effectiveness of
the training.
5.2.3
(a) Where as a
result of the consultation referred to at subclause 5.2.1, including with the
employee concerned, it is agreed that additional training should be undertaken
by an employee, that training may be undertaken either on or off the job. If
the training is undertaken during ordinary working hours, the employee
concerned shall not suffer any loss of pay. The employer shall not unreasonably
withhold such paid training leave. This shall not prevent the employer and
employee(s) agreeing to paid leave for other relevant training.
5.2.3
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure. Provided
that reimbursement may be on an annual basis subject to the presentation of
reports of satisfactory progress.
5.2.3
(c) Travel costs
incurred by an employee undertaking training in accordance with this subclause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
5.3 Apprentice Rates of Pay
5.3.1 Except as
provided for in Clause 5.4 (adult apprentices) the minimum weekly wage for
apprentices shall be based on the following. The minimum weekly wage for
apprentices before the commencement of this award was based on the following
percentages of the base rate plus state wage case adjustments for Wage Group
C10. At the commencement of this award,
the supplementary payment for Wage Group C10 of $52.00 will be added to the
said rate for the purposes of determining weekly wages for apprentices. This
addition will be phased in on the following basis:
(a) At the
commencement of this award:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4-year term
apprenticeship
|
Percentage of
Column 3
%
|
Base rate of C10
plus SWC
adjustments
plus $26.00
$
|
Total rate per week
$
|
Hourly Rate
$
|
First year
|
42
|
466.20
|
195.80
|
5.15
|
Second year
|
55
|
466.20
|
256.40
|
6.75
|
Third year
|
75
|
466.20
|
349.65
|
9.20
|
Fourth year
|
88
|
466.20
|
410.25
|
10.80
|
(b) Six months
after the commencement of this award:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4-year term
apprenticeship
|
Percentage of
Column 3
%
|
Base rate of C10
plus SWC
adjustments
plus $39.00
$
|
Total rate per week
$
|
Hourly Rate
$
|
First year
|
42
|
479.20
|
201.25
|
5.30
|
Second year
|
55
|
479.20
|
263.60
|
6.95
|
Third year
|
75
|
479.20
|
359.40
|
9.50
|
Fourth year
|
88
|
479.20
|
421.70
|
11.10
|
(c) Twelve months
after the commencement of this award and thereafter, apprentice weekly rates
will be based on the appropriate percentage of the total weekly rate for Wage
Group C10.
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
4-year term
apprenticeship
|
Percentage of
Column 3
%
|
Base rate of C10
plus SWC
adjustments
plus $52.00
$
|
Total rate per week
$
|
Hourly Rate
$
|
First year
|
42
|
|
|
|
Second year
|
55
|
|
|
|
Third year
|
75
|
|
|
|
Fourth year
|
88
|
|
|
|
5.3.2 See 5.1.1(d)
for the criteria regarding absorption of safety net adjustments.
5.3.3 An employee who
is under 21 years of age on the expiration of his or her apprenticeship and
thereafter works as a minor in the occupation to which he or she has been
apprenticed shall be paid at not less than the adult rate prescribed for the
classification.
5.4 Adult Apprentices
5.4.1 Where a person
was employed by an employer under this award immediately prior to becoming an
adult apprentice (as defined) with that employer, such person shall not suffer
a reduction in the rate of pay by virtue of becoming indentured.
5.4.2 For the purpose
only of fixing a rate of pay the adult apprentice (as defined) shall continue
to receive the rate of pay that applies to the classification or class of work
specified in clause 5.1 in which the adult apprentice (as defined) was engaged
immediately prior to entering into the contract of indenture.
5.4.3 Subject to
subclauses 5.4.1 and 5.4.2, the minimum rate of pay of an adult apprentice (as
defined) shall be the following:
Year of
Apprenticeship
|
Total weekly
rate
$
|
First
|
323.00
|
Second
|
400.40
|
Third
|
417.10
|
Fourth
|
439.60
|
5.4.4 The rates
prescribed in the table in 5.4.3 are based on the following Metal, Engineering
and Associated Industries (State) Award classifications except where indicated:
Year of
Apprenticeship
|
Award Reference
|
|
|
1
|
Metal Trades (Training Wage) (State) Award
|
|
Traineeship Skill Level "B" exit rate
|
2
|
C14
|
3
|
C13
|
4
|
C12
|
5.5 Unapprenticed Junior Rates of Pay
The minimum weekly wage for unapprenticed juniors before the
commencement of this award was based on the relevant percentages of the base
rate plus state wage case adjustments for Wage Group C13. At the commencement of this award, the
supplementary payment for Wage Group C13 of $42.60 will be added to the said
rate for the purposes of determining weekly wages for unapprenticed juniors.
This addition will be phased in on the following basis:
5.5.1
(a) Unapprenticed
Juniors -
(i) The minimum
weekly wage rates for unapprenticed juniors at the commencement of this award
shall be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $21.30
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
395.80
|
145.65
|
At 16 years of age
|
47.3
|
395.80
|
187.20
|
At 17 years of age
|
57.8
|
395.80
|
228.80
|
At 18 years of age
|
68.3
|
395.80
|
270.30
|
At 19 years of age
|
82.5
|
395.80
|
326.55
|
At 20 years of age
|
97.7
|
395.80
|
386.70
|
(ii) The minimum
weekly wage rates for unapprenticed juniors six months after the commencement
of this award shall be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $31.95
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
406.45
|
149.60
|
At 16 years of age
|
47.3
|
406.45
|
192.25
|
At 17 years of age
|
57.8
|
406.45
|
234.90
|
At 18 years of age
|
68.3
|
406.45
|
277.60
|
At 19 years of age
|
82.5
|
406.45
|
335.30
|
At 20 years of age
|
97.7
|
406.45
|
397.10
|
(iii) The minimum
weekly rates for unapprenticed juniors twelve months after the commencement and
thereafter shall be based on the appropriate percentages of the total weekly
rate for Wage Group C13 and shall be as follows:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $42.60
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
|
|
At 16 years of age
|
47.3
|
|
|
At 17 years of age
|
57.8
|
|
|
At 18 years of age
|
68.3
|
|
|
At 19 years of age
|
82.5
|
|
|
At 20 years of age
|
97.7
|
|
|
A junior employee of 18 years of age or more shall be paid
32 cents per week in addition to the rates prescribed herein whilst they are
employed as a furnace person or assistant to a furnace person.
5.5.1
(b) Unapprenticed
Juniors (Foundries) -
(i) The minimum
weekly wage rates for unapprenticed juniors (foundries) at the commencement of
this award shall be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $21.30
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
395.70
|
145.65
|
At 16 years of age
|
47.3
|
395.70
|
187.20
|
At 17 years of age
|
68.3
|
395.70
|
270.30
|
At 18 years of age
|
83.0
|
395.70
|
328.50
|
At 19 years of age
|
98.8
|
395.70
|
391.00
|
(ii) The minimum
weekly wage rates for unapprenticed juniors (foundries) six months after the
commencement of this award shall be:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $31.95
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
406.40
|
149.55
|
At 16 years of age
|
47.3
|
406.40
|
192.25
|
At 17 years of age
|
68.3
|
406.40
|
277.60
|
At 18 years of age
|
83.0
|
406.40
|
337.30
|
At 19 years of age
|
98.8
|
406.40
|
401.50
|
(iii) The minimum
weekly rates for unapprenticed juniors (foundries) twelve months after the
commencement and thereafter shall be based on the appropriate percentages of
the total weekly rate for Wage Group C13 and shall be as follows:
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Years of Age
|
Percentage of
Column 3
%
|
Base rate of C13
plus SWC
adjustments
plus $42.60
$
|
Total rate per week
$
|
Under 16 years of age
|
36.8
|
|
|
At 16 years of age
|
47.3
|
|
|
At 17 years of age
|
68.3
|
|
|
At 18 years of age
|
83.0
|
|
|
At 19 years of age
|
98.8
|
|
|
5.6 Trainee Rates of
Pay
Refer to the Metal Trades (Training Wage) (State) Award (286
I.G. 154), as varied, for rates of pay and conditions of employment for
trainees.
5.7 Payment by
Results
An employer may remunerate any employees under any system of
payment by results based on rates which will enable employees of average
capacity to earn at least the award rate for the relevant classification
provided that they shall not earn less than the rate of pay applicable to
classification level C14.
5.8 Supported Wage System for People with
Disabilities
5.8.1 Workers
Eligible for a Supported Wage - This clause defines the conditions that will
apply to employees who, because of the effects of a disability, are eligible
for a supported wage under the terms of this award. In the context of this
clause, the following definitions will apply:
5.8.1
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
5.8.1
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
5.8.1
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social
Security Act 1991, or any successor to that scheme.
5.8.1
(iv) "Assessment
Instrument" means the form provided for under the Supported Wage System
that records the assessment of the productive capacity of the person to be
employed under the Supported Wage System.
5.8.2 Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support Pension.
This clause does not apply to any existing employee who
has a claim against the employer that is subject to the provisions of workers’
compensation legislation or any provision of this award relating to the
rehabilitating of employees who are injured in the course of their employment.
This clause also does not apply to employers in respect
of their facility, programme, undertaking, service or the like which receives
funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of, or are eligible for, a
Disability Support Pension, except with respect to an organisation which has
received recognition under section 10 or section 12A of the Act, or if a part
only has received recognition, that part.
5.8.3 Supported Wage
Rates - Employees to whom this clause applies shall be paid the applicable
percentage of the minimum rate of pay prescribed by this award for the class of
work that the person is performing, according to the following schedule:
Assessed Capacity
|
% of prescribed
|
(subclause (d))
|
award rate
|
|
|
10%*
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall be not
less than $45.00 per week).
*Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
5.8.4 Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument, by either:
5.8.4
(i) the employer
and a union party to the award, in consultation with the employee or, if
desired, by any of these;
5.8.4
(ii) the employer
and an accredited assessor from a panel agreed by the parties to the award and
the employee.
5.8.5 Lodgement of
Assessment Instrument -
5.8.5
(i) All
assessment instruments under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Australian Industrial
Relations Commission.
5.8.5
(ii) All
assessment instruments shall be agreed and signed by the parties to the
assessment; provided that where a union which is a party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect, unless an objection is notified to the
Registrar within ten working days.
5.8.6 Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review or earlier on the basis of a reasonable request for such a
review. The process of review shall be in accordance with the procedures for
assessing capacity under the Supported Wage System.
5.8.7 Other Terms and
Conditions of Employment - Where an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of this clause will be entitled to the same terms and conditions of
employment as all other workers covered by this award paid on a pro rata basis.
5.8.8 Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause shall take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job. Changes may involve re‑design
of job duties, working time arrangements and work organisation in consultation
with other workers in the area.
5.8.9 Trial Period
-
5.8.9
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this subclause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
5.8.9
(ii) During the
trial period, the assessment of capacity shall be undertaken and the proposed
wage rate for a continuing employment relationship shall be determined.
5.8.9
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$45.00 per week.
5.8.9
(iv) Work trials
should include induction or training as appropriate to the completion of the
trial period; a further contract of employment shall be entered into based on
the outcome of assessment under subclause 5.8.4 above.
5.9 Allowances and Special Rates
5.9.1 All‑purpose
Allowances - The following allowances shall apply for all purposes of the
award.
5.9.1
(a) Leading Hands
- Leading hands in charge of three or more people shall receive the relevant
amount as set out in Item 1 of 5.9.1(f).
5.9.1
(b) Ship Repairing
- Employees engaged on ship repairs shall be paid the additional amounts as set
out in Item 2 of 5.9.1(f).
5.9.1
(c) Multi-Storey
Building - An employee, other than an apprentice or a junior, engaged on new
construction work in a multi-storey building (as defined) shall be paid an
amount set out in Item 3 of 5.9.1(f). Where such work is performed for part of
a day or shift the provisions of subclause 5.1.4 ‑ Mixed Functions, shall apply.
The provisions of 5.9.3(h) - Height Money and of
5.9.3(e) ‑ Wet Places, shall not apply to employees paid the multi‑storey
building allowance.
Apprentices shall receive a proportion of this
allowance in accordance with the appropriate percentage ratio set out in
subclause 5.3.1.
5.9.1
(d) Tool Allowance
- Tradespersons and Apprentices -
(i) Except as
provided elsewhere in this sub‑paragraph tradespersons shall be paid an
allowance set out in Item 4 of 5.9.1(f) for supplying and maintaining tools
ordinarily required in the performance of their work as tradespersons.
(ii) This
allowance shall apply to apprentices on the same percentage basis as set out in
subclause 5.3.1 of this award.
(iii) An employer
shall provide for the use of tradespersons or apprentices all necessary power
tools, special purpose tools, precision measuring instruments and, for sheet
metal workers, snips used in the cutting of stainless steel, monel metal and
similar hard metals.
(iv) Tradespersons
or apprentices shall replace or pay for any tools supplied by their employer
which are lost as a result of negligence on the part of the employee.
5.9.1
(e) Trainer/Supervisor/Co-ordinator
- Technical - A Trainer/Supervisor/Co-ordinator - Technical is an employee who
is responsible primarily for the exercise of skills in technical fields as
defined, up to the level of his/her skill and competence and who is additionally
involved in the supervision/training of other technical employees. Such an
employee shall receive not less than 107% of the rate of pay applicable to the
employee's technical classification.
5.9.1
(f) All Purpose
Allowances -
Item
No.
|
Clause
No.
|
Brief Description
|
Amount per week
$
|
1
|
5.9.1(a)
|
Leading Hands -
|
|
|
|
In charge of:
|
|
|
|
3-10 employees
|
21.35
|
|
|
11-20 employees
|
32.15
|
|
|
more than 20 employees
|
40.95
|
2
|
5.9.1(b)
|
Ship Repairing
|
|
|
|
Tradespersons
|
9.80
|
|
|
All other employees
|
7.95
|
3
|
5.9.1(c)
|
Multi-Storey Building
|
15.45
|
4
|
5.9.1(d)
|
Tool Allowance
|
10.50
|
5.9.2 Other
Allowances -
5.9.2
(a) Motor
Allowance - Where an employee reaches agreement with their employer to use
their own motor vehicle on the employer's business, such employee shall be paid
an allowance as set out in Item 1 of 5.9.2(g).
5.9.2
(b) First Aid
Allowance - An employee who has been trained to render first aid and who is the
current holder of appropriate first aid qualifications such as a certificate
from the St. John's Ambulance or similar body shall be paid a weekly allowance
as set out in Item 2 of 5.9.2(g), if appointed by their employer to perform
first aid duty.
5.9.2
(c) Meal Allowance
- Refer to subclause 6.4.11, and Item 3 of 5.9.2(g).
5.9.2
(d) Compensation
for Damage to Clothing, Spectacles, Hearing Aids and Tools - Compensation must
be made to the extent of the damage sustained where, in the course of the work,
clothing, spectacles, hearing aids or tools of trade are damaged or destroyed
by fire or molten metal or through the use of corrosive substances. The
employer's liability in respect of tools is limited to the tools of trade that
are ordinarily required for the performance of the employee's duties.
Compensation is not payable if an employee is entitled to workers' compensation
in respect of the damage.
5.9.2
(e) Case Hardened
Prescription Lenses - An employer who requires an employee to have their
prescription lenses case hardened shall pay for the cost of such case
hardening.
5.9.2
(f) Protective
Clothing and Equipment Allowance - Where an employee is required to wear
protective clothing and equipment as stipulated by the relevant law operating
in the State, the employer must reimburse the employee for the cost of
purchasing such special clothing and equipment. The provisions of this
paragraph do not apply where the clothing and equipment is paid for by the
employer.
5.9.2
(g) Other
Allowances -
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
$
|
1
|
5.9.2(a)
|
Motor Allowance
|
52 cents per
kilometre travelled
|
2
|
5.9.2(b)
|
First Aid Allowance
|
9.84 per week
|
3
|
5.9.2(c)
5.9.4(b)(iv),
6.4.11
|
Meal Allowance
|
7.60
|
5.9.3 Special Rates -
Subject to subclauses 5.9.3(a) and (b), the following special rates shall be
paid to employees including apprentices and juniors.
5.9.3
(a) Special Rates
Not Cumulative - Where more than one of the disabilities set out in subclause
5.9.3 entitles an employee to extra rates, the employer shall be bound to pay
only one rate, namely the highest rate for the applicable disabilities.
This does not apply in relation to cold places, hot
places, wet places, confined spaces, dirty work or height money, the rates for
which are cumulative.
5.9.3
(b) Special Rates
are not Subject to Penalty Additions - The special rates in subclause 5.9.3
shall be paid irrespective of the times at which the work is performed, and
shall not be subject to any premium or penalty additions.
5.9.3
(c) Cold Places -
An employee who works for more than one hour in places where the temperature is
reduced by artificial means below 0 degrees Celsius is entitled to an amount as
set out in Item 1 of 5.9.3(t). Where the work continues for more than two hours
an employee is entitled to a rest period of 20 minutes every two hours without
loss of pay.
5.9.3
(d) Hot Places -
An employee who works for more than one hour in the shade in places where the
temperature is raised by artificial means to:
between 46 and 54 Celsius
|
refer to Item 2 (i) of
5.9.3(t)
|
in excess of 54 Celsius
|
refer to Item 2 (ii) of
5.9.3(t)
|
Where work continues for more than two hours in
temperatures exceeding 54 Celsius, employees shall be entitled to 20 minutes
rest after every two hours work without deduction of pay. The temperature shall
be determined by the supervisor after consultation with the employees who claim
the extra rate.
5.9.3
(e) Wet Places -
An employee working in any place where their clothing or boots become saturated
by water, oil or another substance, shall be paid an extra amount set out in
Item 3 of 5.9.3(t). Any employee who becomes entitled to this extra rate shall
be paid such rate only for the part of the day or shift that they are required
to work in wet clothing or boots.
This extra rate is not payable to an employee who is
provided by the employer with suitable and effective protective clothing and/or
footwear.
5.9.3
(f) Confined
Spaces - An employee working in a confined space (as defined) is entitled to an
amount as set out in Item 4 of 5.9.3(t) per hour extra.
5.9.3
(g) Dirty Work -
Where an employee and their supervisor agree that work (other than ship repair
work) is of an unusually dirty or offensive nature, refer to Item 5 (i) of 5.9.3(t).
Where an employee and their supervisor agree that
certain ship repair work is of an unusually dirty or offensive nature, refer to
Item 5 (ii) of 5.9.3(t).
5.9.3
(h) Height Money -
Employees other than linespersons, linesperson's assistants, riggers and
splicers engaged in the construction, erection, repair and/or maintenance as
the case may be, of ships, steel frame buildings, bridges, gasometers or other
structures at a height in each case of 15 metres or more directly above the
nearest horizontal plane shall be entitled to an extra amount set in Item 6 of
5.9.3(t).
5.9.3
(i) Meat
Digesters and Oil Tanks - An employee working on repairs in oil tanks or meat
digesters is entitled an extra amount set in Item 7 of 5.9.3(t). Employees
engaged on such work for more than half of a day or shift are entitled to the
special rate for the whole day or shift.
5.9.3
(j) Sanitary
Works - An employee working in a Sanitary Works is entitled to an amount as set
out in Item 8 of 5.9.3(t) per hour extra.
5.9.3
(k) Insulation
Materials - Employee handling loose slag wool, loose insulwool or other loose
material of a like nature used for providing insulation against heat, cold or
noise shall when so employed on ship construction or ship repairing or on the
construction, repair or demolition of furnaces, walls, floors and/or ceilings
be paid an extra amount set in Item 9 of 5.9.3(t).
5.9.3
(l) Slaughtering
Yards - An employee working in slaughtering yards is entitled to an amount as
set out in Item 10 of 5.9.3(t) per hour extra.
5.9.3
(m) Boiler Repairs
- An employee working on repairs to smoke‑boxes, fire‑boxes,
furnaces or flues of boilers, is entitled to an amount as set in Item 11 (i) of
5.9.3(t).
An employee engaged on repairs to oil fired boilers,
including the castings, uptakes and funnels, or flues and smoke stacks is
entitled to an amount as set in Item 11 (ii) of 5.9.3(t) while working inside
such a boiler.
5.9.3
(n) Explosive
Powered Tools - An employee required to use explosive powered tools shall be
paid a minimum payment set out in Item 12 of 5.9.3(t). Where an hourly rate is
required, it shall be calculated by dividing the rate by 7.6.
5.9.3
(o) Ships in Dock
- An employee working under a ship in dock or slipway shall be paid an amount
set out in Item 13 of 5.9.3(t) extra where working on the removal and/or
bolting up of plates or in burning‑ off on those portions of a ship where
the height from the dock or shipway floor to the hull of the ship is less than
1.4 metres.
5.9.3
(p) Foundry
Allowance -
(i) An employee
working in a foundry is entitled to a foundry allowance set out in Item 14 of
5.9.3(t) for each hour worked to compensate for all disagreeable features
associated with foundry work including heat, fumes, atmospheric conditions,
sparks, dampness, confined spaces and noise.
(ii) The foundry
allowance is payable in lieu of any payment otherwise due under this clause.
(iii) For the
purpose of this allowance, foundry work shall mean:
(1) any operation
in the production of castings by casting metal in mould made of sand, loam,
metal, moulding composition or other material or mixture of materials, or by
shall moulding, centrifugal casting or continuous casting; and
(2) where carried
on as an incidental process in connection with and in the course of production
to which paragraph (1) of this definition applies, the preparation of moulds
and cores (but not in the making of patterns and dies in a separate room),
knock out processes and dressing operations: but shall not include any
operations performed in connection with:
Non‑ferrous die casting (including gravity and
pressure);
Casting of billets and/or ingots in metal moulds;
Continuous casting of metal into billets;
Melting of metal for use in printing;
Refining of metal.
(iv) Employees shall
not be paid the foundry allowance for any work in a foundry during any period
that foundry production is not being carried out, with the exception of any
work carried out within the eight hour period immediately following the
cessation of foundry production.
5.9.3
(q) Boiling Down
Works - An employee working in boiling down works is entitled to an amount as
set out in Item 15 of 5.9.3(t) per hour extra.
5.9.3
(r) Lead Works -
An employee working in lead works is entitled to an amount as set out in Item
16 of 5.9.3(t) per hour extra.
5.9.3
(s) Special Rates
-
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
$
|
1
|
5.9.3(c)
|
Cold Places
|
37 cents per hour
extra
|
2
(i)
(ii)
|
5.9.3(d)
|
Hot Places
Between 46 and 54 Celsius
In excess of 54 Celsius
|
37 cents per hour
extra
47 cents per hour
extra
|
3
|
5.9.3(e)
|
Wet Places
|
37 cents per hour
extra
|
4
|
5.9.3(f)
|
Confined Spaces
|
47 cents per hour
extra
|
5
(i)
(ii)
|
5.9.3(g)
|
Dirty Work
Ship repair work
All other work
|
47 cents per hour
extra
37 cents per hour
extra
|
6
|
5.9.3(h)
|
Height Money
|
27 cents per hour
extra
|
7
|
5.9.3(i)
|
Meat Digesters and Oil Tanks
|
37 cents per hour
extra
|
8
|
5.9.3(j)
|
Sanitary Works
|
27 cents per hour
extra
|
9
|
5.9.3(k)
|
Insulation Materials
|
47 cents per hour
extra
|
10
|
5.9.3(l)
|
Slaughtering Yards
|
27 cents per hour
extra
|
11
(i)
(ii)
|
5.9.3(m)
|
Boiler Repairs
Smoke boxes, fire boxes, furnaces or flues of boilers
Oil fired boilers including the castings, uptakes and
funnels, or flues and smoke stacks
|
27 cents per hour
extra
94 cents per hour
extra
|
12
|
5.9.3(n)
|
Explosive Power Tools
|
94 cents per day
|
13
|
5.9.3(o)
|
Ships in Dock
|
27 cents per hour
extra
|
14
|
5.9.3(p)
|
Foundry Allowance
|
28 cents per hour
worked
|
15
|
5.9.3(q)
|
Boiling Down works
|
27 cents per hour
|
16
|
5.9.3(s)
|
Lead Works
|
27 cents per hour
|
5.9.4 Transfers,
Travelling and Working Away From Usual Place of Work -
Summary
These paragraphs deal with an employee's entitlements to
payment whilst travelling or where they are required to relocate.
5.9.4
(a) Transfer
Involving Change of Residence - An employee:
• Engaged in
one locality to work in another; or
• Sent other
than at his or her own request, from his or her usual locality to another for
employment that can reasonably be regarded as permanent;
involving a change of residence will be paid travelling
time whilst necessarily travelling between such localities and expenses for a
period not exceeding three months or in cases where the employee is in the
process of buying a place of residence in the new locality for a period not exceeding
six months. Provided that such expenses will cease after he or she has taken up
permanent resident or abode at the new location.
5.9.4
(b) Travelling,
Transport and Fares -
(i) Excess
Travelling and Fares - An employee who on any day or from day to day is
required to work at a job away from his or her accustomed workshop or depot
will, at the direction of the employer, present himself or herself for work at
such job at the usual starting time, but for all time reasonably spent in
reaching and returning from such job (in excess of the time normally spent in
travelling from his or her home to such workshop or depot and returning) he or
she will be paid travelling time, and also any fares reasonably incurred in
excess of those normally incurred in travelling between his or her home and
such workshop or depot.
An employee who with the approval of the employer uses
his or her own means of transport for travelling to or from outside jobs will
be paid the amount of excess fares which he or she would have incurred in using
public transport unless he or she has an arrangement with his or her employer
for a regular allowance.
(ii) Distant Work
- An employee sent from his or her usual locality to another (in circumstances
other than those prescribed in 5.9.4(a) hereof) and required to remain away
from his or her usual place of abode will be paid travelling time whilst
necessarily travelling between such localities, and expenses whilst so absent
from his or her usual locality.
(iii) Payment for
Travelling -
(1) The rate of
pay for travelling time is ordinary rates, except on Sundays and holidays when
it will be time and a half.
(2) The maximum
travelling time to be paid for is 12 hours out of every 24 hours, or when a
sleeping berth is provided by the employer for all‑night travel, eight
hours out of every 24.
(iv) Expenses -
"Expenses" for the purpose of this clause means:
(1) All fares
reasonably incurred. The fares allowed are to be for rail travel, second class
except where all‑night travelling is involved when they are to be first
class, with sleeping berth where available.
(2) Reasonable
expenses incurred whilst travelling including an amount set out in Item 3 of
5.9.2(g) for each meal taken.
(3) A reasonable
allowance to cover the cost incurred for board and lodging.
(v) Engagement of
Labour Away From Workshops - An employer is to be free to engage labour on the
site of a job carried on away from the workshop, without payment for any
travelling time or fares, unless such employee is sent from the workshop.
Provided that if an employee engaged for the erection
of a job had previously been engaged by the same employer in the fabrication of
the job in a workshop he or she is to be paid fares in excess of those incurred
in travelling to and from the workshop.
5.10 Extra Rates not Cumulative
Extra rates in this Award, except rates prescribed in 5.9.3
(Special Rates) and rates for work on public holidays, are not cumulative so as
to exceed the maximum of double the ordinary rates.
5.11 Payment of Wages
Summary
This clause provides for the pay period and method of
payment of wages.
5.11.1 Period of
Payment -
5.11.1
(a) Wages shall be
paid weekly or fortnightly, either:
(i) according to
the actual ordinary hours worked each week or fortnight; or
(ii) according to
the average number of ordinary hours worked each week or fortnight.
5.11.1
(b) By agreement
between the employer and the majority of employees in the relevant enterprise,
wages may be paid three weekly, four weekly or monthly. Agreement in this
respect may also be reached between the employer and an individual employee.
5.11.2 Method of
Payment - Wages shall either be paid by cash, cheque or electronic funds
transfer into the employee's bank (or other recognised financial institution)
account.
In the case of employees paid by cheque, if the
employee requires it, the employer shall have a facility available during
ordinary hours for the encashment of the cheque.
5.11.3 Payment of Wages
on Termination of Employment - On termination of employment, wages due to an
employee shall be paid on the day of termination or forwarded to the employee
by post on the next working day.
5.11.4 Day Off
coinciding with Pay Day - Where an employee is paid wages by cash or cheque and
the employee is, by virtue of the arrangement of their ordinary hours, to take
a day off on a day which coincides with pay day, such employee must be paid no
later than the working day immediately following pay day. However, if the
employer is able to make suitable arrangements, wages may be paid on the
working day preceding pay day.
5.11.5 Wages to be
Paid During Working Hours -
5.11.5
(a) Where an
employee is paid wages by cash or cheque such wages shall be paid during
ordinary working hours.
5.11.5
(b) If an employee
is paid wages by cash and is kept waiting for their wages on pay day, after the
usual time for ceasing work, they shall be paid at overtime rates for the
period they are kept waiting.
5.11.6 Absences from
Duty Under an Averaging System - Where an employee's ordinary hours in a week
are greater or less than 38 hours and such employee's pay is averaged to avoid
fluctuating wage payments, the following shall apply:
5.11.6
(a) The employee
will accrue a "credit" for each day he or she works ordinary hours in
excess of the daily average.
5.11.6
(b) The employee
will not accrue a "credit" for each day of absence from duty (other
than on annual leave, long service leave, public holidays, paid sick leave,
workers' compensation, paid bereavement leave, paid carers' leave or jury
service).
5.11.6
(c) An employee
absent for part of a day (other than on annual leave, long service leave,
public holidays, paid sick leave, workers' compensation, paid bereavement
leave, paid carers' leave or jury service shall accrue a proportion of the
"credit" for the day, based upon the proportion of the working day
that the employee was in attendance.
Part 6 - Hours of Work, Shift Work, Meal Breaks and Overtime
6.1 Ordinary Hours of Work
Summary
This clause describes the ordinary hours of work and how
they are to be arranged for day workers, continuous shift workers and non‑continuous
shift workers.
The ordinary hours of work for all three categories is 38
per week to be averaged over the period of the work cycle that applies in the
particular enterprise.
There is provision for the employer, by agreement with
employees, to arrange working hours to achieve maximum flexibility in order to
suit the needs of both the enterprise and the employees.
6.1.1 Ordinary
Hours of Work - Day Workers -
6.1.1
(a) Subject to
subclause 6.1.4, the ordinary hours of work for day workers are to be an
average of 38 per week but not exceeding 152 hours in 28 days.
6.1.1
(b) The ordinary
hours of work may be worked on any day or all of the days of the week, Monday
to Friday. The days on which ordinary hours are worked may include Saturday and
Sunday subject to agreement between the employer and the majority of employees
concerned. Agreement in this respect may also be reached between the employer
and an individual employee.
6.1.1
(c) The ordinary
hours of work are to be worked continuously, except for meal breaks, at the
discretion of the employer between 6.00 am and 6.00 pm. The spread of hours
(i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the
spread, by agreement between an employer and the majority of employees
concerned or in appropriate circumstances, between the employer and an
individual employee.
6.1.1
(d) Any work
performed outside the spread of hours is to be paid for at overtime rates.
However, any work performed by an employee prior to the spread of hours which
is continuous with ordinary hours for the purpose, for example, of getting the
plant in a state of readiness for production work is to be regarded as part of
the 38 ordinary hours of work.
6.1.1
(e) Where
agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid
for a day worker for ordinary time worked between midnight on Friday and
midnight on Saturday shall be time and a half.
6.1.1
(f) Where
agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid
for a day worker for ordinary time worked between midnight on Saturday and
midnight on Sunday shall be double time
6.1.2 Ordinary
Hours of Work - Continuous Shift Workers -
6.1.2
(a) Continuous
shiftwork means work carried on with consecutive shifts of employees throughout
the 24 hours of each of at least six consecutive days without interruption
except for breakdowns or meal breaks or due to unavoidable causes beyond the
control of the employer.
6.1.2
(b) Subject to
6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion
of the employer, to average 38 hours per week inclusive of meal breaks and must
not exceed 152 hours in 28 consecutive days. Continuous shift workers are
entitled to a 20 minute meal break on each shift which shall be counted as time
worked.
6.1.2
(c) By agreement
between the employer and the majority of employees concerned, a roster system
may operate on the basis that the weekly average of 38 ordinary hours is
achieved over a period that exceeds 28 consecutive days but does not exceed 12
months.
6.1.2
(d) Except at the
regular change‑over of shifts, an employee shall not be required to work
more than one shift in each 24 hours.
6.1.3 Ordinary
Hours of Work - Non‑Continuous Shift Workers -
6.1.3
(a) Subject to
6.1.3(b), the ordinary hours of work for non‑continuous shift workers are
to be an average of 38 per week and must not exceed 152 hours in 28 consecutive
days.
6.1.3
(b) By agreement
between the employer and the majority of employees concerned, a roster system
may operate on the basis that the weekly average of 38 ordinary hours is
allowed over a period, which exceeds 28 consecutive days but does not exceed 12
months.
6.1.3
(c) The ordinary
hours of work are to be worked continuously, except for meal breaks, at the
discretion of the employer.
6.1.3
(d) Except at
change‑over of shifts an employee will not be required to work more than
one shift in each 24 hours.
6.1.4 Methods of
Arranging Ordinary Working Hours -
6.1.4
(a) Subject to the
employer's right to fix the daily hours of work for day workers from time to
time within the spread of hours referred to in 6.1.1(c) and the employer's
right to fix the commencing and finishing time of shifts from time to time, the
arrangement of ordinary working hours is to be by agreement between the
employer and the majority of employees in the enterprise or part of the
enterprise concerned. This does not preclude the employer reaching agreement
with individual employees about how their working hours are to be arranged.
6.1.4
(b) Matters upon
which agreement may be reached include:
(i) how the hours
are to averaged within a work cycle established in accordance with 6.1.2 and
6.1.3;
(ii) the duration
of the work cycle for day workers provided that such duration shall not exceed
3 months;
(iii) rosters which
specify the starting and finishing times of working hours;
(iv) a period of
notice of a rostered day off which is less than four weeks;
(v) substitution of
rostered days off;
(vi) accumulation of
rostered days off;
(vii) arrangements
which allow for flexibility in relation to the taking of rostered days off;
(viii) any
arrangements of ordinary hours which exceed 8 hours in any day.
6.1.4
(c) By agreement
between an employer and the majority of employees in the enterprise or part of
the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) Proper health
monitoring procedures being introduced;
(ii) Suitable
roster arrangements being made;
(iii) Proper
supervision being provided;
(iv) Adequate breaks
being provided;
(v) An adequate
trial or review process being implemented through the consultative process in
clause 3.1.
6.1.4
(d)
(i) Where an
employee works on a shift other than a rostered shift (as defined), he/she
shall:
(1) if employed on
continuous work, be paid at the rate of double time; or
(2) if employed on
other shiftwork, at the rate of time and one-half for the first three hours and
double time thereafter.
(ii) The provision
of 6.1.4(d)(i) do not apply when the time is worked:
(1) by arrangement
between the employees themselves;
(2) for the
purposes of effecting the customary rotation of shifts; or
(3) on a shift to
which the employee is transferred on short notice as an alternative to standing
the employee off in circumstances which would entitle the employer to deduct
payment for the day in accordance with clause 4.6.
6.1.5 Daylight Saving
- Where by reason of legislation, summer time is prescribed as being in advance
of the standard time in the State the length of any shift:
Commencing before the time prescribed by the relevant
legislation for the commencement of a summer time period, and
Commencing on or before the time prescribed by such
legislation for the termination of a summer time period, shall be deemed to be
the number of hours represented by the difference between the time recorded by
the clock at the beginning of the shift and the time so recorded at the end of
the shift. The time of the clock in each case is to be set to the time fixed by
the relevant legislation.
In this subclause the expressions "standard
time" and "summer time" shall bear the same meaning as are
prescribed by the relevant legislation.
6.1.6 Make Up Time
-
6.1.6
(a) An employee
may elect, with the consent of the employer, to work "make up time"
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
award.
6.1.6
(b) An employee on
shift work may elect, with the consent of their employer, to work "make up
time" under which the employee takes time off during ordinary hours and
works those hours at a later time, at the shift work rate which would have been
applicable to the hours taken off.
6.2 Special Provisions for Shiftworkers
Summary
This clause defines afternoon and night shift and prescribes
the allowances for such shifts as well as the loadings payable for Saturday,
Sunday and Public Holidays Shifts.
6.2.1 Definitions -
For the purposes of this award:
"Rostered Shift" means any shift of which the
employee concerned has had at least 48 hours notice.
"Afternoon Shift" means any shift finishing after
6.00 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 am.
By agreement between the employer and the majority of
employees concerned or in appropriate cases an individual employee, the span of
hours over which shifts may be worked may be altered by up to one hour at
either end of the span.
6.2.2 Afternoon and
Night Shift Allowances -
6.2.2
(a) An employee
whilst on afternoon or night shift shall be paid for such shift 15 per cent more
than his or her ordinary rate.
6.2.2
(b) An employee
who works on an afternoon or night shift which does not continue:
(i) for at least
five successive afternoon or night shifts or six successive afternoon or night
shifts in a six day workshop (where no more than eight ordinary hours are
worked on each shift); or
(ii) for at least
38 ordinary hours (where more than eight ordinary hours are worked on each
shift and the shift arrangement is in accordance with subclauses 6.1.2 or
6.1.3);
shall be paid for each shift 50 percent for the first
three hours and 100 percent for the remaining hours, in addition to his or her
ordinary rate.
6.2.2
(c) An employee
who:
(i) During a
period of engagement on shift, works night shift only; or
(ii) Remains on
night shift for a longer period than four consecutive weeks; or
(iii) Works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him or her at least one third of his or her working time off
night shift in each shift cycle;
shall, during such engagement, period or cycle, be paid
30 per cent more than his or her ordinary rate for all time worked during
ordinary working hours on such night shift.
6.2.3 Rate for
Working on Saturday Shifts - The minimum rate to be paid to a shift worker for
work performed between midnight on Friday and midnight on Saturday shall be
time and a half. This extra rate is in substitution for and not cumulative upon
the shift premiums prescribed in 6.2.2.
6.2.4 Rate for
Working on Sunday and Public Holiday Shifts -
6.2.4
(a) The rate at
which continuous shift workers are to be paid for work on a rostered shift the
major portion of which is performed on a Sunday or public holiday, is double
time.
6.2.4
(b) The rate at
which shift workers on other than continuous work are to be paid for all time
worked on a Sunday or public holiday is as follows:
(i) Sundays - at
the rate of double time.
(ii) Public
Holidays - at the rate of double time and a half.
6.2.4
(c) Where shifts
commence between 11.00pm and midnight on a Sunday or public holiday, the time
so worked before midnight does not entitle the employee to the Sunday or public
holiday rate for the shift. However, the time worked by an employee on a shift
commencing before midnight on the day preceding a Sunday or public holiday and
extending into the Sunday or public holiday shall be regarded as time worked on
the Sunday or public holiday.
6.2.4
(d) Where shifts
fall partly on a holiday, the shift which has the major portion falling on the
public holiday shall be regarded as the holiday shift.
By agreement between the employer and the majority of
employees concerned, the shift which has the minor portion falling on the
public holiday may be regarded as the holiday shift in lieu of the above.
6.2.4
(e) The extra
rates in this subclause are in substitution for and not cumulative upon the
shift premiums prescribed in 6.2.2.
6.3 Meal Breaks
Summary
This clause deals with the taking of meal breaks during
ordinary working hours and covers when the meal break is to be taken,
alterations to the time the break may be taken and payment for working during
the meal break.
6.3.1 An employee
shall not be required to work for more than five hours without a break for a
meal except in the following circumstances:
6.3.1
(a) In cases where
canteen or other facilities are limited to the extent that meal breaks must be
staggered and as a result it is not practicable for all employees to take a
meal break within five hours, an employee will not be required to work for more
than six hours without a break for a meal break.
6.3.1
(b) By agreement
between an employer and an employee or the majority of employees in an
enterprise or part of an enterprise concerned, an employee or employees may be
required to work in excess of five hours but not more than six hours at
ordinary rates of pay without a meal break.
6.3.2 The time of
taking a scheduled meal break or rest break by one or more employees may be
altered by an employer if it is necessary to do so in order to meet a
requirement for continuity of operations.
6.3.3 An employer
may stagger the time of taking a meal and rest breaks to meet operational
requirements.
6.3.4 Subject to
6.3.1, an employee shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can only be done while the plant is
idle.
6.3.5 Except as
provided in this subclause, and except where any alternative arrangement is
entered into by agreement between the employer and employees concerned, time
and a half rates shall be paid for all work done during meal hours and
thereafter until a meal break is taken.
6.4 Overtime
Summary
Overtime is payable for work done outside the ordinary hours
of work. Generally speaking, the overtime rate is time and a half for the first
three hours and double time thereafter. Continuous shift workers are entitled
to double time for all overtime.
Employees are required to work a reasonable amount of
overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday
and Public Holidays.
Employees are required to have a rest period normally
between work on successive days.
Provision is made for employees being called back after
leaving the premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this
clause.
6.4.1 Payment for
Working Overtime -
6.4.1
(a) Except as
provided for in 6.4.1(d), 6.4.1(e), 6.4.8 and 6.4.9, for all work done outside
ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and
6.1.3) the overtime rates of pay are time and a half for the first three hours
and double time thereafter until the completion of the overtime work. For continuous
shift workers the rate for working overtime is double time.
6.4.1
(b) For the
purposes of this clause "ordinary hours" means the hours worked in an
enterprise, fixed in accordance with clause 6.1 of this award.
6.4.1
(c) The hourly
rate, when computing overtime, is to be determined by dividing the appropriate
weekly rate by 38, even in cases when an employee works more than 38 ordinary
hours in a week.
6.4.1
(d)
(i) 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.
(ii) 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.
(iii) An employer
shall, if requested by an employee, provide payment, at the rate provided for
the payment of overtime in the award, for any overtime worked under paragraph
(i) of this subclause where such time has not been taken within four weeks of
accrual.
6.4.1
(e) When not less
than 7 hours 36 minutes notice has been given to the employer by a relief
shiftworker that he or she will be absent from work and the shiftworker whom
that person should relieve is not relieved and is required to continue work on
his or her rostered day off the unrelieved employee shall be paid double time.
6.4.1
(f) In computing
overtime each day's work shall stand alone.
6.4.2 Requirement to
Work Reasonable Overtime - An employer may require any employee to work
reasonable overtime at overtime rates and the employee shall work overtime as
required.
6.4.3 One In, All In
does not Apply - The assignment of overtime by an employer to an employee is to
be based on specific work requirements and the practice of "one in, all
in" overtime must not apply.
6.4.4 Rest Period
after Overtime -
6.4.4
(a) When overtime
work is necessary it must, wherever reasonably practicable, be so arranged that
employees have at least 10 consecutive hours off duty between the work of
successive working days.
6.4.4
(b) An employee
(other than a casual employee) who works so much overtime between the
termination of his or her ordinary work on one day and the commencement of
their ordinary work on the next day that the employee has not had at least 10
consecutive hours off duty between those times must, subject to this subclause,
be released after completion of the overtime until the employee has had 10
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
6.4.4
(c) If on the
instructions of the employer an employee resumes or continues work without
having had the 10 consecutive hours off duty the employee must be paid at
double rates until he or she is released from duty for such period. The
employee is then entitled to be absent until he or she has had 10 consecutive
hours off duty without loss of pay for ordinary working time occurring during
the absence.
6.4.4
(d) By agreement
between the employer and individual employee, the 10 hour break provided for in
this clause may be reduced to a period no less than 8 hours.
6.4.4
(e) The provisions
of this subclause will apply in the case of shift workers as if eight hours
were substituted for 10 hours when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace the shift worker; or
(iii) where a shift
is worked by arrangement between the employees themselves.
6.4.5 Call Back - An
employee recalled to work overtime after leaving the employer's enterprise
(whether notified before or after leaving the enterprise) is to be paid for a
minimum of four hours work at the rate of time and one-half for the first three
hours and double time thereafter (or double time for the full period for
continuous shift workers). There are a number of conditions which apply to this
provision:
6.4.5
(a) Where an
employee is required to regularly hold himself or herself in readiness for a
call back he or she will be paid for a minimum of three hours work at the
appropriate overtime rate. This is subject to 6.4.6 which deals with the
conditions for standing by.
6.4.5
(b) If the
employee is recalled on more than one occasion between the termination of their
ordinary work on one day and the commencement of their ordinary work on the
next ordinary working day he or she shall be entitled to the three or four hour
minimum overtime payment provided for in this subclause for each call back.
However, in such circumstances, it is only the time which is actually worked
during the previous call or calls which is to be taken into account when
determining the overtime rate for subsequent calls.
6.4.5
(c) Except in the
case of unforeseen circumstances arising, an employee will not be required to
work the full three or four hours as the case may be if the job he or she was
recalled to perform is completed within a shorter period.
6.4.5
(d) This subclause
does not apply in cases where it is customary for an employee to return to the
enterprise to perform a specific job outside the employee's ordinary working
hours or where the overtime is continuous (subject to a meal break) with the
commencement or completion of ordinary working time.
6.4.5
(e) Overtime
worked in the circumstances specified in this subclause is not to be regarded
as overtime for the purpose of 6.4.4, Rest Periods After Overtime, when the
actual time worked is less than three hours on the call back or on each call
back.
6.4.6 Standing By -
Subject to any custom prevailing at an enterprise, where an employee is
required regularly to hold himself or herself in readiness to work after
ordinary hours, the employee is to be paid standing by time at the employee's
ordinary rate of pay for the time he or she is standing by.
6.4.7 Saturday Work -
A day worker required to work overtime on a Saturday shall be afforded at least
four hours work or paid for four hours at the rate of time and one-half for the
first three hours and double time thereafter, except where the overtime is
continuous with overtime commenced on the previous day.
6.4.8 Sunday Work -
Employees required to work overtime on Sundays shall be paid for a minimum of
three hours work at double time. The double time is to be paid until the
employee is relieved from duty.
6.4.9 Public Holiday
Work - Refer to 7.7.2 to determine the pay entitlements of persons who work
overtime on a public holiday.
6.4.10 Rest Break -
6.4.10
(a) An employee
working overtime must be allowed a rest break of 20 minutes without deduction
of pay after each four hours of overtime worked if the employee is to continue
work after the rest break.
6.4.10
(b) Where a day
worker is required to work overtime on a Saturday, Sunday or Public Holiday or
on a rostered day off, the first rest break will be paid at the employee's
ordinary rate of pay.
6.4.10
(c) Where overtime
is to be worked immediately after the completion of ordinary work on a day or
shift and the period of overtime is to be more than one and a half hours, an
employee, before starting the overtime is entitled to a rest break of 20
minutes to be paid at ordinary rates.
6.4.10
(d) An employer
and employee may agree to any variation of this subclause to meet the
circumstances of the work in hand provided that the employer is not required to
make any payment in excess of or less than what would otherwise be required
under this subclause.
6.4.11 Meal Allowance
-
6.4.11
(a) An employee is
entitled to a meal allowance of an amount as set out in Item 3 of 5.9.2(g) on
each occasion that the employee is entitled to a rest break in accordance with
subclause 6.4.10, except in the following circumstances:
(i) if the
employee is a day worker and was notified no later than the previous day that
they would be required to work such overtime;
(ii) if the
employee is a shift worker and was notified no later than the previous day or
previous rostered shift that they would be required to work such overtime;
(iii) if the
employee lives in the same locality as the enterprise and could reasonably
return home for meals.
6.4.11
(b) If an employee
has provided a meal or meals on the basis that he or she has been given notice
to work overtime and the employee is not required to work overtime or is
required to work less than the amount advised, he or she shall be paid the
prescribed meal allowance for the meal or meals which he or she has provided
but which are surplus.
6.4.12 Transport of
Employees - When an employee, after having worked overtime or a shift for which
he/she has not been regularly rostered, finishes work at a time when reasonable
means of transport are not available, the employer shall provide the employee
with a conveyance home, or pay him/her their current wage for the time
reasonably occupied in reaching home.
Part 7 - Types of Leave and Public Holidays
7.1 Annual Leave
7.1.1 Period of
Leave -
7.1.1
(a)
(i) A full time
or part time employee under this award is entitled to a period of 28
consecutive days leave, including non‑working days, (i.e. 4 weeks) after
each 12 months service (less the period of annual leave) with an employer.
(ii) An employer
may reach agreement with the majority of employees concerned to convert the
entitlements in 7.1.1(a)(i) or 7.1.2 to an hourly entitlement (i.e. 152 hours
or 190 hours respectively for a full time employee) for administrative ease.
7.1.1
(b) The annual
leave for full time and part time employees accrues at a rate of 2.923 hours
for each 38 ordinary hours worked.
7.1.1
(c) This provision
does not apply to casual employees.
7.1.2 Additional
Leave for Seven Day Shift Workers - In addition to leave provided for in 7.1.1,
seven day shift workers, that is shift workers who are rostered to work
regularly on Sundays and holidays, shall be allowed seven consecutive days
leave including non‑working days.
Where an employee with 12 months continuous service is
engaged for part of the 12 monthly period as a seven day shift worker, that
employee is entitled to have the period of leave prescribed in subclause 7.1.1
increased by half a day for each month he or she is continuously engaged as a
seven day shift worker.
7.1.3 Payment for
Period of Annual Leave - Subject to subclause 7.1.12 employees, before going on
leave, are to be paid the wages they would have received in respect of the
ordinary time they would have worked had they not been on leave during the
relevant period. This amount shall be calculated as follows:
7.1.3
(a) Time Workers -
The wages to be paid must be worked out on the basis of what the employee would
have been paid under this award for working ordinary hours during the period of
leave, including allowances, loadings and penalties paid for all purposes of the
award, first-aid allowance and any other wages payable under the employee's
contract of employment including any overaward payment.
The employee is not entitled to payments in respect of
overtime, special rates or any other payment which might have been payable to
the employee as a reimbursement for expenses incurred.
7.1.3
(b) Piece Workers
- In the case of an employee employed on piece or bonus work or any other
system of payment by results, the rate which is the weekly average of payments
made to the employee under such a system for the period actually worked during
ordinary hours during the last three monthly period in respect of which such
payments have been calculated prior to the time of going on leave or
termination of employment as the case may be.
7.1.4 Loading on
Annual Leave - During a period of annual leave an employee will receive a
loading calculated on the rate of wage prescribed by subclause 7.1.3.
The loading shall be as follows:
7.1.4
(a) Day Workers -
Employees who would have worked on day work only had they not been on leave - a
loading of 17½ per cent or the relevant weekend penalty rates, whichever is
greater but not both.
7.1.4
(b) Shift Workers
- Employees who would have worked on shift work had they not been on leave ‑
a loading of 17½ per cent or the shift loading (including relevant weekend
penalty rates) whichever is the greater but not both.
The loading prescribed by this subclause does not apply
to proportionate leave on termination.
7.1.5 How to
Calculate the Leave Entitlement -
7.1.5
(a) Except for the
following, any absences from work are not to be taken into account and will not
count as time worked in calculating the leave entitlement:
• In a 12 month
period the employee is entitled to have off up to 152 ordinary working hours
because of sickness or accident and this will be counted as time worked (i.e.
worker's compensation leave, paid sick leave, paid carers leave).
• Long service
leave, annual leave, public holidays, paid bereavement leave, paid training
leave and jury service taken by an employee will count as time worked.
• Any
interruption or termination of the employment by the employer which has been
made with the intention of avoiding obligations under this clause.
7.1.5
(b) Absences from
work which do not count as time worked in calculating the leave entitlement but
do not break continuity of service for the purposes of this award include:
• any absence
with reasonable cause, proof of which shall be upon the employee;
• any leave
without pay taken with the agreement of the employer;
• parental
leave.
7.1.5
(c) Where a
business is transmitted from one employer to another, the period of continuous
service that the employee had with the transmitter or any prior transmitter
shall be deemed to be service with the transmittee and taken into account when
calculating annual leave. However an employee shall not be entitled to leave or
payment in lieu for any period in respect of which leave has been taken or paid
for.
7.1.6 Public
Holidays Falling in a Period of Leave -
7.1.6
(a) If any public
holiday prescribed by clause 7.7 of this award falls within an employee's
period of annual leave and is observed on a day which in the case of that
employee would have been an ordinary working day, there must be added to the
period of annual leave time equivalent to the ordinary time which the employee
would have worked if the day had not been a holiday.
7.1.6
(b) Where a
holiday or holidays falls in a period of annual leave and the employee, fails,
without reasonable cause, to attend for work at the employees ordinary starting
time on the working day immediately following the last day of the period of
annual leave, the employee shall not be entitled to be paid for the holiday or
holidays.
7.1.7 Annual Leave
in One or More Separate Periods -
7.1.7
(a) Annual leave
is to be given by the employer and taken by the employee in up to four separate
periods.
7.1.7
(b) If the
employer and an employee so agree the annual leave entitlement may be given and
taken in more than four separate periods including up to a maximum of 10 single
days.
However, one period of annual leave must be of at least
seven consecutive days, including non‑working days.
7.1.8 Leave Is to be
Taken - The annual leave provided by this clause must be taken as leave and
except as provided by subclause 7.1.11 and 7.1.12, payment will not be made or
accepted in lieu of annual leave.
7.1.9 Time of
Taking Leave -
7.1.9
(a) Annual leave
shall be given at a time fixed by the employer within a period not exceeding
six months from the date when the right to leave accrued.
7.1.9
(b) An employer
can require an employee to take annual leave by giving not less than four
weeks' notice of the time when such leave is to be taken.
7.1.9
(c) By agreement
between an employer and an employee, annual leave may be taken at any time
provided it is done within two years from the date when the right to leave
accrued.
7.1.10 Leave Allowed
Before Due Date -
7.1.10
(a) An employer
may allow an employee to take annual leave either wholly or partly in advance
before the leave becomes due. In such case, a further period of annual leave
will not commence to accrue until after the expiration of the 12 months in
respect of which the annual leave or part of it had been taken before it
accrued.
7.1.10
(b) Where annual
leave or part of it has been granted before the leave is due, and the employee
subsequently leaves or is discharged from the service of the employer before
completing the required 12 months continuous service and the amount paid by the
employer to the employee for the annual leave or part so taken in advance exceeds
the amount which the employer is required to pay to the employee under
subclause 7.1.11 the employer will not be liable to make any payment to the
employee under subclause 7.1.11 and is entitled to deduct the amount of excess
from any remuneration payable to the employee upon the termination of
employment.
7.1.11 Proportionate
Leave on Termination - An employee other than a casual who:
7.1.11
(a) After one
week's continuous service in the first qualifying 12 monthly period with an
employer, lawfully leaves the employment of the employer, or is terminated by
the employer through no fault of the employee; or
7.1.11
(b) After 12
month’s continuous service with an employer, leaves the employment of the
employer or is terminated by the employer for any reason;
shall be paid 2.923 hours for each 38 ordinary hours
worked and in respect of which leave had not been granted under this clause at
the appropriate rate of wage calculated in accordance with subclause 7.1.3.
7.1.12 Annual Close
Down - Where an employer closes down the enterprise or part of it for the
purpose of allowing annual leave to all or the majority of the employees in the
enterprise or part concerned, the following special provisions shall apply:
7.1.12
(a) The employer
may, by giving not less than four weeks notice of intention so to do, stand off
for the duration of the close down all employees in the enterprise or part of
the enterprise concerned and allow to those who are not then qualified for a
full entitlement to annual leave for 12 months continuous service, paid leave
on a proportionate basis at the appropriate rate of wage as prescribed in
subclauses 7.1.3 and 7.1.4 for 2.923 hours for each 38 ordinary hours worked.
7.1.12
(b) An employee
who has then qualified for a full entitlement to annual leave for 12 months
continuous service and has also completed a further week or more of continuous
service, shall be allowed leave, and shall, also be paid at the appropriate
rate of wage as prescribed by subclauses 7.1.3 and 7.1.4 hereof for 2.923 hours
for each 38 ordinary hours worked since the close of the employee's last 12
monthly qualifying period.
7.1.12
(c) The next 12
monthly qualifying period for each employee affected by such close down shall
commence from the day on which the enterprise or part of the enterprise
concerned, is re‑opened for work. Provided that all time during which an
employee is stood off without pay for the purposes of this subclause is deemed
to be time of service in the next 12 monthly qualifying period.
7.1.12
(d)
(i) The employer
may close down the enterprise or part of the enterprise for one or two separate
periods for the purpose of granting annual leave.
(ii) If the
employer closes down the enterprise or part of the enterprise in two separate
periods one of these periods shall be for a period of at least 14 consecutive
days including non‑working days.
(iii) The employer
and the majority of employees concerned may agree to the annual leave being
taken in three close downs provided that one of these periods will be a period
of at least 14 days including non‑working days.
7.1.12
(e) The employer
may close down the enterprise or part of it for a period of at least 14 days
including non‑working days and allow the balance of any annual leave to
be taken in one continuous period in accordance with a roster.
7.2 Long Service Leave
See Long Service Leave
Act 1955.
7.3 Sick Leave
7.3.1 Amount of Paid
Sick Leave - An employee on weekly hiring who is absent from his/her work on
account of personal illness, or on account of injury by accident arising out of
and in the course of his/her employment, shall be entitled to leave of absence,
without deduction of pay, subject to the following conditions and limitations:
7.3.1
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which he/she is entitled to workers' compensation.
7.3.1
(b) He/she shall,
as soon as reasonably practicable and during the ordinary hours of the first
day or shift of such absence inform the employer of his/her inability to attend
for duty, and as far as practicable, state the nature of the injury or illness
and the estimated duration of the absence.
If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee shall inform the employer within 24 hours of such absence.
7.3.1
(c) An employee
shall prove to the satisfaction of his/her employer that he/she was unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed.
7.3.1
(d) First Year of
Employment - An employee shall not be entitled during his/her first year of any
period of service with an employer to leave in excess of five days of ordinary
working time or in cases where he/she normally works more than 8 ordinary hours
in any day, he/she shall not be entitled to leave in excess of 40 hours of
ordinary working time. Provided further
that during the first five months of the first year of a period of service with
an employer he/she shall be entitled to sick leave which shall accrue on a pro
rata basis of one day of ordinary working time for each month of service
completed with that employer to a maximum of 40 ordinary hours. On application by the employee during the
sixth month of employment and subject to the availability of an unclaimed
balance of sick leave the employee shall be paid for any sick leave taken
during the first five months and in respect of which payment was not made.
7.3.1
(e) Second or
Subsequent Years of Employment - An employee
shall not be entitled during the second or subsequent year of any period
of service with an employer to leave in excess of 8 days of ordinary working
time or in excess of 64 hours of ordinary working time in the case of an
employee who normally works more than 8 ordinary hours of any day.
7.3.2 Single Day
Absences - In the case of an employee who claims to be allowed paid sick leave
in accordance with this clause for an absence of one day only such employee if
in the year he/she has already been allowed paid sick leave on more than one
occasion for one day only, shall not be entitled to payment for the day claimed
unless he/she produces to the employer a certificate of a duly qualified
medical practitioner that in his/her, the medical practitioner's opinion, the
employee was unable to attend for duty on account of personal illness or on
account of injury by accident. However,
an employer may agree to accept from the employee a statutory declaration, stating
that the employee was unable to attend for duty on account of personal illness
or on account of injury by accident in lieu of a certificate of a duly
qualified medical practitioner as prescribed by this subclause.
7.3.3 Accumulation of
Sick Leave - Sick leave shall accumulate from year to year so that any balance
of the period specified in 7.3.1 (d) and (e) of this clause which has in any
year not been allowed to an employee by an employer as paid sick leave may be
claimed by the employee and subject to the conditions hereinbefore prescribed
shall be allowed by that employer in a subsequent year without diminution of
the sick leave prescribed in respect of that year. Provided that sick leave
which accumulates pursuant to this subclause shall be available to the employee
for a period of twelve years but for no longer from the end of the year in
which it accrues.
7.3.4 Attendance at
Hospital, etc. - Notwithstanding anything contained in 7.3.1 of this clause an
employee suffering injury through an accident arising out of and in the course
of his/her employment (not being an injury in respect of which he/she is
entitled to workers' compensation) necessitating his/her attendance during
working hours on a doctor, chemist or trained nurse, or at a hospital shall not
suffer any deduction from his/her pay for the time (not exceeding four hours)
so occupied on the day of the accident, and shall be reimbursed by the employer
all expenses reasonably incurred in connection with such attendance.
7.3.5 Year of Service
- Year of service for the purpose of this clause means the period between the
date of commencement in employment in any year and the anniversary of the
commencement of employment in the next year.
7.3.6. Broken
Service -
7.3.6
(a) If an employee
is terminated by his/her employer and is re‑engaged by the same employer
within a period of six months then the employee's unclaimed balance of sick
leave shall continue from the date of re‑engagement.
7.3.6
(b) In such a case
the employee's next year of service will commence after a total of twelve
months has been served with that employer excluding the period of interruption
in service from the date of the commencement of the previous period of
employment on the anniversary of the commencement of the previous period of
employment, as the case may be.
7.4 Personal/Carers Leave
7.4.1 Use of Sick
Leave -
7.4.1
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph 7.4.1(c), who needs the
employee’s care and support, shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement provided for in 7.3 -
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.
7.4.1
(b) The employees
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
7.4.1
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
7.4.1
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
persons relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
7.4.2 Unpaid Leave
for Family Purpose - An employee may elect, with the consent of the employer,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in subparagraph (ii) of paragraph (c) of subclause
(1) who is ill.
7.4.3 Use of Annual
Leave -
7.4.3
(a) An employee
may elect with the consent of the employer, subject to clause 7.1 - Annual
Leave, 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.
7.4.3
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause above, shall be
exclusive of any shutdown period provided for elsewhere under this award.
7.4.3
(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.
7.4.4 Use of Time
Off in Lieu of Payment for Overtime -
7.4.4
(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.
7.4.4
(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.
7.4.4
(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.
7.4.4
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
7.4.5 Use of
Make-up Time -
7.4.5
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during 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.
7.4.5
(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.
7.4.6 Use of
Rostered Days Off -
7.4.6
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
7.4.6
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
7.4.6
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
7.4.6
(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.
7.4.7 Bereavement
Leave -
7.4.7
(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
prescribed for in 7.4.1(c), provided that for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
7.4.7
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave. If required by the
employer, the employee will provide to the satisfaction of the employer, proof
of death.
7.4.7
(c) 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.
7.4.7
(d) Bereavement
leave may be taken in conjunction with other leave available under 7.4.1,
7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
7.5 Jury Service
Summary
Full time and part time employees attending for jury service
are entitled to have their pay made up to what they would have received for
working ordinary time. Employees must provide proof of attendance.
7.5.1 A full time
employee required to attend for jury service during his or her ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of his or her attendance for such jury
service and the amount of wage he or she would have received in respect of the
ordinary time he or she would have worked had he or she not been on jury
service.
7.5.2 Where a part
time employee is required to attend for jury service and such attendance
coincides with a day on which the employee would normally be required to work,
payment shall be made to the employee in accordance with Clause 7.5.1.
7.5.3 An employee
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
7.6 Parental Leave
See Industrial
Relations Act 1996 (NSW).
7.7 Public Holidays
Summary
This clause describes an employee's (other than a casual
employee) public holiday entitlements.
Full-time employees are generally entitled to 11 specified
public holidays per year without loss of pay.
Other days can be substituted for any of the specified days
by agreement between the employer and employees.
7.7.1 Prescribed
Holidays -
7.7.1
(a) A full‑time
employee under this award is entitled to the following public holidays, without
loss of pay:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day or Eight Hours' Day
Christmas Day
Boxing Day
Where another day is generally observed in a locality
in substitute for any of the above days, that day shall be observed as the
public holiday in lieu of the prescribed day.
7.7.1
(b) In addition to
the public holidays prescribed in 7.5.1(a), full‑time employees are
entitled to the Tuesday immediately following Easter Monday as an additional
public holiday without loss of pay but if that Tuesday is a gazetted or
Proclaimed Public Holiday then on another day mutually agreed between the
employer and the employee. The
additional holiday is not cumulative and must be taken within each calendar
year.
7.7.1
(c) Part‑time
Employees - Refer to 4.2.4(e) to determine the public holiday entitlements of
part‑time employees.
7.7.1
(d) Substitution
of Public Holidays by Agreement at the Enterprise -
(i) By agreement
between the employer and the majority of employees in the relevant enterprise
or section of the enterprise, an alternative day may be taken as the public
holiday in lieu of any of the prescribed days.
(ii) An employer
and individual employee may agree to the employee taking another day as the
public holiday in lieu of the day which is being observed as the public holiday
in the enterprise or relevant section of the enterprise.
7.7.1
(e) In addition to
the days described in 7.5.1(a) and (b), any special days appointed by gazettal
as a public holiday throughout the State shall be deemed to be a public holiday
for the purposes of this Award.
7.7.2 Payment for
Time Worked on a Public Holiday -
7.7.2
(a) Payment for
Time Worked by Continuous Shift Workers on a Public Holiday -
(i) Refer to
6.2.4(a) to determine the pay entitlements of continuous shift workers working
on rostered shifts which fall on a public holiday.
(ii) Continuous
shift workers required to work overtime on a public holiday shall be paid at
double time. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal
allowance entitlements of continuous shift workers who work overtime on a
public holiday.
(iii) Continuous
shift workers required to work on a public holiday shall be paid for a minimum
of three hours work.
7.7.2
(b) Payment for
Time Worked by Non‑continuous Shift Workers on a Public Holiday -
(i) Refer to
6.2.4(b) to determine the pay entitlements of non‑continuous shiftworkers
working on rostered shifts which fall on a public holiday.
(ii) Non‑continuous
shift workers required to work overtime on a public holiday shall be paid at
double time and one half. The double time and a half is to be paid until the
employee is relieved from duty. Refer to 6.4.10 and 6.4.11 to determine the
rest break and meal allowance entitlements of non‑continuous shift
workers who work overtime on a public holiday.
(iii) Non‑continuous
shift workers required to work on a public holiday shall be paid for a minimum
of three hours work.
7.7.2
(c) Payment for
Time Worked by Day Workers on a Public Holiday -
(i) Day workers
required to work on a public holiday shall be paid for a minimum of three hours
work at double time and one-half. The double time and a half is to be paid
until the employee is relieved from duty.
7.7.3 Effect on
Payment for Holidays if Absent on Working Day Before or After - Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, he or she will not be entitled to payment for the
holiday.
7.7.4 Rostered Day
Off Falling on Public Holiday -
7.7.4
(a) Except as
provided for in 7.7.4(b), where a full‑time employee's ordinary hours of
work are structured to include a day off and such day off falls on a public
holiday, the employee is entitled to, at the discretion of the employer,
either:
• 7 hours and
36 minutes pay at ordinary rates; or
• 7 hours 36
minutes added to his or her annual leave; or
• a substitute
day off on an alternative week day.
This shall not apply where the rostered day off falls
on a Saturday or a Sunday.
7.7.4
(b)
(i) Where an
employee has credited time accumulated (see 5.11.6), then such credited time
should not be taken as a day off on a public holiday.
(ii) If an
employee is rostered to take credited time as a day off on a week day and such
week day is prescribed as a public holiday after the employee was given notice
of the day off, then the employer shall allow the employee to take the time off
on an alternative week day.
(iii) Paragraphs
(i) and (ii) above shall not apply in relation to days off which are specified
in an employee's regular roster or pattern of ordinary hours. Paragraph
7.7.4(a) shall apply in such circumstances.
7.7.5 Public
Holidays Falling During a Period of Annual Leave - Refer to 7.1.6.
SCHEDULE A - CLASSIFICATION DEFINITIONS
1.1 Classification Structure
Classification
Number
|
Classification
Title
|
Minimum
Training
Requirement
|
Wage Relativity to
C10 after full minimum rate and broadbanding adjustments
|
C1
|
Professional Engineer
Professional Scientist
|
Degree
|
180/210%
|
C2(b)
|
Principal Technical Officer
|
15 modules in addition to National Advanced Diploma or
equivalent
|
150%
|
C2(a)
|
Leading Technical Officer
Principal/Trainer/Supervisor/ Co-ordinator
|
• 7 modules
in addition to National Advanced Diploma
• AQF 6
National Advanced Diploma - with 15 modules minimum in supervision/ training
or equivalent
|
150%
|
C3
|
Engineering Associate
- Level II
|
AQF 6 National Advanced Diploma or equivalent
|
145%
|
C4
|
Engineering Associate
3rd year of - Level 1
|
22 Modules towards National Advanced Diploma or equivalent
|
135%
|
C5
|
Engineering Technician - Level V Advanced Engineering
Tradesperson Level II
|
AQF 5 - National Diploma or 15 modules towards National
Advanced Diploma or equivalent
|
130%
|
C6
|
Engineering Technician - Level IV Advanced Engineering
Tradesperson Level 1
|
12 modules towards National Diploma or National Advanced
Diploma or equivalent
|
125%
|
C7
|
Engineering Technician Level III Engineering Tradesperson
- Special Class Level II
|
• AQF Level
4 National Certificate
• 9 modules
towards National Diploma or National Advanced Diploma
• 3
appropriate modules in addition to C8 or equivalent
|
115%
|
C8
|
Engineering Technician - Level II
Engineering Tradesperson - Special Class Level I
|
• Higher
Engineering Tradesperson or
• 3
appropriate modules in addition to C9 or
• 6 modules
towards National Diploma or National Advanced Diploma or equivalent
|
110%
|
C9
|
Engineering Technician - Level I
Engineering Tradesperson - Level II
|
• 3
appropriate modules in addition to C10 or
• 3 modules
towards National Diploma or National Advanced Diploma or equivalent
|
105%
|
C10
|
Engineering Tradesperson - Level 1
Production Systems Employee
|
Trade Certificate or Engineering Production Certificate
III or equivalent
|
100%
|
C11
|
Engineering/Production Employee - Level IV
|
Engineering Production Certificate II or equivalent
|
92.4%
|
C12
|
Engineering/Production Employee - Level III
|
Engineering Production Certificate I
|
87.4%
|
C13
|
Engineering/Production Employee - Level II
|
In-house training
|
82%
|
C14
|
Engineering/Production Employee - Level I
|
Up to 38 hours induction training
|
78%
|
Trainer/Supervisor/Co-ordinator
Level I - 122% of the highest rate paid to those supervised.
Level II - 115% of the highest rate paid to those
supervised.
1.2 Classification Definitions
NOTE: The following
classification definitions should be read in conjunction with:
• the stream
and field definitions in subclause 1.4.2 and 1.4.5 respectively;
• the
definitions of "or equivalent", "work within the scope of this
level" and "Engineering Associate" at the end of this Schedule;
• the National
Metal and Engineering Competency Standards Implementation Guide especially
Table 2 of that Guide which shows the alignment between old and new titles
under the Australian Qualifications Framework. For example Advanced
Certificates are now known as National Diplomas and Associate Diplomas as
National Advanced Diplomas.
Trainer/Supervisor/Co-ordinator - Level I
A Trainer/Supervisor/Co-ordinator - Level I is an employee
who is responsible for the work of other employees and/or provision of
structured on-the-job training. Such an employee has completed 9 modules of
training in supervision and/or training.
Despite the above definition, an employee who has not
completed the specified training or equivalent for this level may enter this
classification consistent with 6.5.2 of the Implementation Guide until such
times as competency standards for this level are finalised.
Trainer/Supervisor/Co-ordinator - Level II
A Trainer/Supervisor/Co-ordinator - Level II is an employee
who is responsible for supervision and/or training of
Trainers/Supervisors/Coordinators - Level I. Such an employee has completed 15
modules of training in supervision and/or training.
Despite the above definition, an employee who has not
completed the specified training or equivalent for this level may enter this
classification consistent with 6.5.2 of the Implementation Guide until such
times as competency standards for this level are finalised.
WAGE GROUP: C14
Engineering/Production Employee - Level I
An Engineering/Production Employee - Level I is an employee
who is undertaking up to 38 hours induction training which may include information
on the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational health and safety, equal employment
opportunity and quality control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of his/her training:
(i) performs
general labouring and cleaning duties
(ii) exercises
minimal judgement
(iii) works under
direct supervision; or
(iv) is
undertaking structured training so as to enable them to work at the C13 level.
WAGE GROUP: C13
Engineering/Production Employee - Level II
An Engineering/Production Employee - Level II is an employee
who has completed up to three months structured training so as to enable the
employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the
skills of an employee at C14 and to the level of his/her skills, competence and
training.
(i) Works in
accordance with standard operating procedures and established criteria;
(ii) Works under
direct supervision either individually or in a team environment;
(iii) Understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviations/faults;
(iv) Understands
and utilises basic statistical process control procedures;
(v) Follows safe
work practices and can report workplace hazards.
WAGE GROUP: C12
Engineering/Production Employee - Level III
An Engineering/Production Employee - Level III is an
employee who has completed an Engineering Production Certificate I or
equivalent so as to enable the employee to perform work within the scope of
this level.
An employee at this level performs work above and beyond the
skills of an employee at C13 and to the level of his/her skills, competence and
training.
(i) Is
responsible for the quality of his/her own work subject to routine supervision;
(ii) Works under
routine supervision either individually or in a team environment;
(iii) Exercises
discretion within his/her level of skills and training;
(iv) Assists in
the provision of on the job training.
WAGE GROUP: C11
Engineering/Production Employee - Level IV
An Engineering/Production Employee - Level IV is an employee
who has completed an Engineering Production Certificate II or equivalent so as
to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the
skills of an employee at C12 and to the level of his/her skills, competence and
training.
(i) Works from
complex instructions and procedures;
(ii) Assists in
the provision of on-the-job training;
(iii) Co-ordinates
work in a team environment or works individually under general supervision;
(iv) Is
responsible for assuring the quality of his/her own work.
WAGE GROUP: C10
Engineering Tradesperson - Level I
An Engineering Tradesperson - Level I is an employee who
holds a trade certificate or tradespersons rights certificate as an:
(i) Engineering
Tradesperson (Mechanical) - Level I;
(ii) Engineering
Tradesperson (Fabrication) - Level I;
(iii) or
equivalent
and is able to exercise the skills and knowledge of the
engineering trade so as to enable the employee to perform work within the scope
of this level.
An Engineering Tradesperson - Level I works above and beyond
an employee at C11 and to the level of his/her skills, competence and training.
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal and communications skills;
(iii) Exercises
keyboard skills at a level higher than C11;
(iv) Exercises
discretion within the scope of this classification level;
(v) Performs
work under limited supervision either individually or in a team environment;
(vi) Operates
lifting equipment incidental to his/her work;
(vii) Performs non‑trade
tasks incidental to his/her work;
(viii) Performs work
which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of
the whole task. Such incidental or peripheral work would not require additional
formal technical training;
(ix) Able to
inspect products and/or materials for conformity with established operational
standards.
Production Systems Employee
A Production Systems Employee is an employee who, while
still being primarily engaged in Engineering /Production work applies the
skills acquired through the successful completion of a certificate III level
qualification or equivalent in the production, distribution, or stores
functions.
A Production Systems Employee is an employee who has
completed an Engineering Production Certificate III or equivalent so as to
enable the employee to perform work within the scope of this level.
A Production Systems Employee works above and beyond an
employee at C11 and to the level of his/her skills, competence and training.
(i) Understands
and applies quality control techniques;
(ii) Exercises
good interpersonal communications skills;
(iii) Exercises
discretion within the scope of this classification level;
(iv) Exercise
keyboard skills at a level higher than C11;
(v) Performs
work under limited supervision either individually or in a team environment;
(vi) Able to
inspect products and/or materials for conformity with established operational
standards.
WAGE GROUP: C9
Engineering Tradesperson - Level II
Engineering Technician - Level I
An Engineering Tradesperson - Level II is an:
(i) Engineering
Tradesperson (Mechanical) - Level II; or
(ii) Engineering
Tradesperson (Fabrication) - Level II:
who has completed the following training requirements:
(i) Three
appropriate modules in addition to the training requirements of C10 level; or
(ii) Three
appropriate modules towards a National Diploma; or
(iii) Three
appropriate modules towards an Advanced Diploma; or equivalent.
An Engineering Tradesperson - Level II works above and
beyond a tradesperson at C10 and to the level of his/her skills and competence
and training performs work within the scope of this level.
(i) Exercises
discretion within the scope of this classification;
(ii) Works under
limited supervision either individually or in a team environment;
(iii) Understands
and implements quality control techniques;
(iv) Provide
trade guidance and assistance as part of a work team;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician - Level I
An Engineering Technician - Level I is an employee who has
the equivalent level of training of a C9 Engineering Tradesperson or equivalent
so as to enable the employee to apply skills within the scope of this level.
The skills exercised by the Engineering Technician Level I are in the technical
fields as defined by this Award including draughting, planning or technical
tasks requiring technical knowledge.
At this level the employee is engaged on routine tasks in
the technical fields.
WAGE GROUP: C8
Engineering Tradesperson - Special Class Level I
Engineering Technician - Level II
A Special Class Engineering Tradesperson - Level I means a:
(i) Special
Class Engineering Tradesperson (Mechanical) - Level I; or
(ii) Special
Class Engineering Tradesperson (Fabrication) - Level I;
(iii) Higher
Engineering Tradesperson
who has completed the following training requirement:
(i) Six
appropriate modules in addition to the training requirements of C10 level; or
(ii) Six
appropriate modules towards a National Diploma; or
(iii) Six appropriate
modules towards an Advanced Diploma;
(iv) a Higher
Engineering Tradesperson apprenticeship; or equivalent.
An Engineering Tradesperson Special Class - Level I works
above and beyond a tradesperson at C9 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Provides
trade guidance and assistance as part of a work team;
(ii) Assists in
the provision of training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs
non-trade tasks incidental to his/her work.
Engineering Technician - Level II
An Engineering Technician - Level II is an employee who has
the equivalent level of training of a C8 Engineering Tradesperson Special Class
- Level I or equivalent so as to enable the employee to apply skills within the
scope of this level. The skills exercised by the Engineering Technician Level
II are in the technical fields as defined by this Award including draughting,
planning or technical tasks requiring technical knowledge.
At this level the employee is required to exercise judgment
and skill in excess of that required at C9 under the supervision of technical
or professional staff.
WAGE GROUP: C7
Engineering Tradesperson - Special Class Level II
Engineering Technician - Level III
A Special Class Engineering Tradesperson - Level II means a:
(i) Special
Class Engineering Tradesperson (Mechanical) - Level II; or
(ii) Special
Class Engineering Tradesperson (Fabrication) - Level II
who has completed the following training requirement:
(i) Three
appropriate modules in addition to the requirements of C8 level; or
(ii) Nine
appropriate modules towards an Advanced Certificate; or
(iii) Nine
appropriate modules towards an Associate Diploma;
(iv) an AQF Level
4 National Certificate; or equivalent.
An Engineering Tradesperson - Special Class Level II works
above and beyond a tradesperson at C8 and to the level of his/her skills,
competence and training performs work within the scope of this level.
(i) Is able to
provide trade guidance and assistance as part of a work team;
(ii) Provides
training in conjunction with supervisors and trainers;
(iii) Understands
and implements quality control techniques;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs
non-trade tasks incidental to his/her work.
NB: The AQF 4 National Certificate referred to in this
definition is not directly comparable with existing post‑trade
qualifications and the possession of such qualifications does not itself
justify classification of a tradesperson to this level.
Engineering Technician - Level III
Engineering Technician - Level III is an employee who has
the equivalent level of training of a C7 - Engineering Tradesperson Special
Class Level II or equivalent so as to enable the employee to apply skills
within the scope of this level. The skills exercised by the Engineering
Technician Level III are in the technical fields as defined by this Award
including draughting, planning or technical tasks requiring technical
knowledge.
At this level the employee is engaged in detail draughting
and/or planning or technical duties requiring judgement and skill in excess of
that required of a technician at C8 under the supervision of technical or
professional staff;
WAGE GROUP: C6
Advanced Engineering Tradesperson - Level I
Engineering Technician - Level IV
An Advanced Engineering Tradesperson - Level I means an:
(i) Advanced
Engineering Tradesperson (Mechanical) - Level I; or
(ii) Advanced
Engineering Tradesperson (Fabrication) - Level I who has completed:
• 12
appropriate modules of a National Diploma; or
• 12
appropriate modules of an Advanced Diploma; or equivalent.
An Advanced Engineering Tradesperson - Level I works above
and beyond a tradesperson at C7 and to the level of his/her skills, competence
and training performs work within the scope of this level.
(i) Undertakes
quality control and work organisation at a level higher than for C7;
(ii) Provides
trade guidance and assistance as part of a work team;
(iii) Assists in
the provision of training to employees in conjunction with
supervisors/trainers;
(iv) Works under
limited supervision either individually or in a team environment;
(v) Prepares
reports of a technical nature on specific tasks or assignments;
(vi) Exercises
broad discretion within the scope of this level;
(vii) Operates
lifting equipment incidental to his/her work;
(viii) Performs non‑trade
tasks incidental to his/her work.
Engineering Technician - Level IV
An Engineering Technician - Level IV is an employee who has
the equivalent level of training of a C6 - Advanced Engineering Tradesperson
Level I or equivalent so as to enable the employee to apply skills within the
scope of this level. The skills exercised by the Engineering Technician Level
IV are in the technical fields as defined by this Award including draughting,
planning or technical tasks requiring technical knowledge.
At this level the employee is engaged in detail draughting
and/or planning and/or technical duties requiring judgement and skill in excess
of that required of a technician at C7 under the supervision of technical
and/or professional staff.
WAGE GROUP: C5
Advanced Engineering Tradesperson - Level II
Engineering Technician - Level V
An Advanced Engineering Tradesperson - Level II means an:
(i) Advanced
Engineering Tradesperson (Mechanical) - Level II; or
(ii) Advanced
Engineering Tradesperson (Fabrication) - Level II who has completed:
• A National
Diploma; or
• 15 modules or
2nd year part time of an Advanced Diploma;
or Equivalent
An Advanced Engineering Tradesperson - Level II works above
and beyond a tradesperson at C6 and to the level of his/her skills, competence
and training performs work within the scope of this level.
(i) Provides
technical guidance or assistance within the scope of this level;
(ii) Prepares
reports of a technical nature on tasks or assignments within the employee's
skills and competence;
(iii) Has an
overall knowledge and understanding of the operating principle of the systems
and equipment on which the tradesperson is required to carry out his/her task;
(iv) Assists in
the provision of on-the-job training in conjunction with supervisors and
trainers;
(v) Operates
lifting equipment incidental to his/her work;
(vi) Performs
non-trade tasks incidental to his/her work.
Engineering Technician - Level V
An Engineering Technician - Level V is an employee who has
the equivalent level of training of a C5 - Advanced Engineering Tradesperson
Level II or equivalent so as to enable the employee to apply skills within the
scope of this level. The skills exercised by the Engineering Technician Level V
are in the technical fields as defined by this Award including draughting,
planning or technical tasks requiring technical knowledge.
At this level the employee is required to exercise judgment
and skill in excess of that required at level C6.
WAGE GROUP: C4
Engineering Associate - Level I
An Engineering Associate - Level I means an employee who
works above and beyond a technician at level C5 and has successfully completed
third year part-time (or 22 modules) of an Advanced Diploma or equivalent and
is engaged in:
(i) Making of
major design drawings or graphics or performing technical duties in a specific
field of engineering, laboratory or scientific practice such as research
design, testing, manufacture, assembly, construction, operation, diagnostics
and maintenance of equipment facilities or products, including computer
software, quality processes, occupational health and safety and/or standards
and plant and material security processes and like work; or
(ii) Planning of
operations and/or processes including the estimation of requirements of
staffing, material cost and quantities and machinery requirements, purchasing
materials or components, scheduling, work study, industrial engineering and/or
materials handling process.
WAGE GROUP: C3
Engineering Associate - Level II
An Engineering Associate - Level II means an employee who
works above and beyond an Engineering Associate at level C4 and has
successfully completed an advanced diploma or the equivalent level of
accredited training and is engaged in:
(i) Performing
draughting, or planning or technical duties which require the exercise of
judgment and skill in excess of that required by an engineering associate at
level C4; or
(ii) Possesses the
skills of an Engineering Associate - Level I in a technical field and exercises
additional skills in a different technical field as defined.
WAGE GROUP: C2(a)
Leading Technical Officer
Principal Engineering Trainer/Supervisor/Co-ordinator
Leading Technical Officer means an employee who works above
and beyond an Engineering Associate - Level II at level C3 and has successfully
completed seven modules in addition to an advanced diploma or equivalent An
employee at C2(a) is able to perform or coordinate work in more than one
engineering, scientific or technical field as defined, or performs duties in a
technical, engineering or scientific field which requires the exercise of
judgement and/or skill in excess of that required of an Engineering Associate -
Level II.
Principal Engineering Trainer/Supervisor/Co-ordinator
Principal Engineering Trainer/Supervisor/Co-ordinator means
a Trainer/Supervisor/Co-ordinator who has completed a National Advanced Diploma
of which 15 modules are supervision/training modules or equivalent and who when
engaged at this level:
(i) Possesses a
sound knowledge of occupational health and safety, industrial relations, and
communications processes and is able to use this knowledge in training and
leading the work of others;
(ii) Possesses a
general knowledge and awareness of the administrative, business, and marketing
strategies of the enterprise;
Indicative of the tasks which an employee at this level may
perform are as follows:
• Plans, writes
and delivers training programs for all engineering/production employees,
apprentices, trainees, trade and lower technical levels;
• Plans and
directs the work of engineering/production employees especially in new work
organisation environments, e.g., group work arrangements, CIM production
techniques.
WAGE GROUP: C2(b)
Principal Technical Officer
A Principal Technical Officer works above and beyond an
employee at the C2a level and who has successfully completed fifteen modules of
accredited training in addition to an advanced diploma or equivalent. Within
organisational policy guidelines and objectives a principal technical officer:
(i) Performs work
requiring mature technical knowledge involving a high degree of autonomy,
originality and independent judgement;
(ii) Looks after
and is responsible for projects and co-ordinating such projects with other
areas of the organisation as required by the operation of the organisation;
(iii) Is
responsible for the coordination of general and specialist employees engaged in
projects requiring complex and specialised knowledge;
(iv) Plans and
implements those programs necessary to achieve the objectives of a particular
project;
(v) In the
performance of the above functions, applies knowledge and/or guidance relevant
in any or all of the fields of designing, planning and technical work as
required by the company's operation;
(vi) Operates
within broad statements of objectives without requiring detailed instructions;
or
(i) Performs
work at the above level of skill in a particular technical field;
(ii) Has as the
overriding feature of his/her employment the ability to perform creative,
original work of a highly complex and sophisticated nature;
(iii) Provides
specialised technical guidance to other employees performing work within the
same technical field.
"Or equivalent"
Where it appears in these classification definitions, the
phrase "or equivalent" means:
(i) Any training
which a registered provider (eg. TAFE), or by a State Recognition authority
which has been recognised as equivalent to an accredited course which the
Manufacturing Engineering and Related Services Industry Training Advisory Body
(MERSITAB) recognises for this level. This can include advanced standing through
recognition of prior learning and/or overseas qualifications
OR
(ii) Where
competencies meet the requirements set out in the MERSITAB competency standards
in accordance with the National Metal and Engineering Competency Standards
Implementation Guide.
"Work within the scope of this level"
Where it appears in these classification definitions, the
phrase "work within the scope of this level" means:
1. For an
employee who does not hold a qualification listed as a minimum training
requirement, the employee shall apply skills within the enterprise selected in
accordance with the Implementation Guide. Competencies selected must be
MERSITAB competency standards.
2. Where an
employee has a qualification, section 5.1.3(c)(ii) of this Award should be
followed.
Engineering Associate
Where it appears in these classification definitions, the
phrase "Engineering Associate" is defined as a generic term which
includes technical officers in a wide range of disciplines including
laboratories and quality assurance; draughting officers; planners and other
para-professionals.
1.3 Comparative Schedule of Old Classifications
and New Broadbanded Wage Levels
General Engineering (Including Window-Frame and Agricultural
Implement Making)
1.
|
Assembler - window frame making - (non-tradesman)
|
C12
|
2.
|
Brass finisher - (tradesman)
|
C10
|
3.
|
Brass finisher - 2nd class
|
C12
|
4.
|
Engraving machinist - 1st class
|
C10
|
5.
|
Fitter
|
C10
|
5A.
|
Fitter employed by Rothmans of Pall Mall (Aust.) Ltd
|
C10
|
6.
|
Fitter, agricultural non-tradesman
|
C12
|
7.
|
Fitter, turbine blade
|
C10
|
8.
|
Hand engraver (NSW only)
|
C9
|
9.
|
Inspector
|
C9
|
10.
|
Key-seating machinist
|
C12
|
11.
|
Locksmith
|
C10
|
12.
|
Machine setter
|
C10
|
13.
|
Machinist - 1st class
|
C10
|
14.
|
Machinist - 2nd class
|
C12
|
15.
|
Machinist - 3rd class
|
C13
|
16.
|
Marker off (ie., a fitter, the greater part of whose time
is occupied in marking-off)
|
C9
|
17.
|
Mechanical tradesperson special class
|
C8
|
18.
|
Motor cycle mechanic
|
C11
|
19.
|
Motor mechanic and/or marine mechanic
|
C10
|
20.
|
Motor tuner & tester
|
C10
|
21.
|
Mould polisher
|
C13
|
22.
|
Patternmaker
|
C9
|
23.
|
Pipe fitter (low pressure work)
|
C12
|
23A.
|
Plant mechanic
|
C10
|
24.
|
Process worker
|
C13
|
25.
|
Refrigeration mechanic
|
C10
|
26.
|
Safe maker and/or repairer (Security work)
|
C10
|
27.
|
Scalemaker and/or adjuster
|
C10
|
28.
|
Scientific instrument maker
|
C9
|
29.
|
Shipwright-boatbuilder
|
C10
|
30.
|
Toolmaker
|
C9
|
31.
|
Turner
|
C10
|
32.
|
Wet stone grinder and glazer (tradesman)
|
C10
|
Division B - Smithing
33.
|
Angle iron smith
|
C10
|
34.
|
Annealer and/or case hardener
|
C11
|
35.
|
Blacksmith’s machinist
|
C13
|
36.
|
Brass smith
|
C10
|
37.
|
Coppersmith
|
C10
|
38.
|
Forger and/or faggoter
|
C9
|
39.
|
Forge furnanceman
|
C11
|
40.
|
Heat treater - not subject to plant metallurgical
Supervision
|
C9
|
41.
|
Heat treater
|
C10
|
42.
|
Heat treater - operative (as defined)
|
C12
|
43.
|
Smith, other
|
C10
|
44.
|
Tilter
|
C12
|
45.
|
Toolsmith
|
C10
|
Division C - Boilermaking & Steel Construction
46.
|
Boilermaker and/or structural steelworker
|
C10
|
47.
|
Plate setter and frame bender
|
C10
|
48.
|
Angle iron smith and/or boilersmith
|
C10
|
49.
|
Welder electric - 1st class
|
C10
|
50.
|
Welder oxy acetylene - 1st class
|
C10
|
51.
|
Cutter oxy acetylene - 1st class
|
C10
|
52.
|
Marker off and/or template maker
|
C9
|
Division D - Welding
53.
|
Welder - special class (as defined)
|
C9
|
54.
|
Welder - 1st class
|
C10
|
55.
|
Welder - 2nd class
|
C12
|
56.
|
Welder - 3rd class
|
C13
|
57.
|
Welder - Tack
|
C13
|
Division E - Electroplating
58.
|
Electroplater - 1st class
|
C10
|
59.
|
Electroplater - 2nd class
|
C12
|
60.
|
Electroplater - 3rd
class
|
C13
|
61.
|
Polisher - 1st class
|
C11
|
62.
|
Polisher - other
|
C12
|
Division F - Sheet Metal
(a) Sheet Metal
Section
63.
|
Sheet metal worker - 1st class
|
C10
|
64.
|
Sheet metal worker - 2nd class
|
C12
|
65.
|
Die setter
|
C13
|
66.
|
Die setter - press operator working from blue prints or
plans
|
C11
|
67.
|
Drop hammer stamper
|
C13
|
68.
|
Guillotine operator (as defined)
|
C11
|
69.
|
Guillotine operator - other
|
C13
|
70.
|
Guttering machinist
|
C13
|
71.
|
Power machinist - not otherwise specified
|
C13
|
72.
|
Press operator - heavy
|
C13
|
73.
|
Press operator - light
|
C13
|
74.
|
Solderer and dipper
|
C13
|
75.
|
Spinner - 1st class
|
C11
|
76.
|
Spinner - other
|
C13
|
77.
|
Process worker (all divisions)
|
C13
|
(b) Canister
Maker Section
78.
|
Canister maker by hand and riveter by hand
|
C13
|
79.
|
Die setter and/or machine setter and/or Leading press hand
|
C12
|
80.
|
Operator of power capping machines or metal pots on
automatic machines
|
C13
|
81.
|
Operator of other power presses and other power machines
|
C13
|
82.
|
Solder and dipper
|
C13
|
Division G - Metal Ceiling Fixing
83.
|
Ceiling fixer - 1st class
|
C10
|
84.
|
Metal ceiling fixer - 2nd grade
|
C12
|
Division H - Galvanising
85.
|
Assistant - working over metal pot
|
C13
|
86.
|
Galvaniser
|
C12
|
87.
|
Pickler
|
C13
|
88.
|
Tinner and grease tinner
|
C12
|
Division I - Painting
89.
|
Spray painter - on both prime and finishing coats
|
C12
|
90.
|
Spray Painter - on one coat
|
C12
|
91.
|
Silk screen maker
|
C12
|
92.
|
Silk Screen operator
|
C13
|
93.
|
Dipper
|
C13
|
Division J - Porcelain Enamelling
(a) Wet
94.
|
Fireman
|
C13
|
95.
|
Fuser
|
C12
|
96.
|
Fuser’s assistant
|
C13
|
97.
|
Fuser on medallions, badges or buckles
|
C13
|
98.
|
Inspector - other (ie. One who inspects finished enamel
work as to quality)
|
C13
|
99.
|
Inspector - other
|
C13
|
100.
|
Mill hand and mixer
|
C13
|
101.
|
Packer and/or despatch
|
C12
|
102.
|
Pickler
|
C13
|
103.
|
Racksman
|
C13
|
104.
|
Sand and shot blaster
|
C12
|
105.
|
Sprayer - grip and/or colour coats
|
C12
|
106.
|
Swiller, gripper and brusher
|
C13
|
(b) Dry
107.
|
Checker
|
C13
|
108.
|
Dresser - not using portable machines
|
C13
|
109.
|
Dresser - using portable machines
|
C12
|
110.
|
Duster
|
C10
|
111.
|
Duster’s assistant
|
C12
|
112.
|
Fireman
|
C13
|
113.
|
Gripper - brush
|
C13
|
114.
|
Gripper - spray
|
C13
|
115.
|
Mill hand and mixer
|
C12
|
116.
|
Packer and/or despatcher
|
C12
|
117.
|
Painter - brush
|
C13
|
118.
|
Painter - spray
|
C13
|
119.
|
Shot and sandblast dresser
|
C12
|
Division K - Stovemaking
120.
|
Blacksmith (repetition stove)
|
C13
|
121.
|
Box fitter on repetition work
|
C13
|
122.
|
Checker
|
C13
|
123.
|
Coppersmith on wash coppers and side boilers for stoves -
(hand)
|
C12
|
124.
|
for stoves - (machines)
|
C13
|
125.
|
Coppersmith - (jobbing)
|
C10
|
126.
|
Employee delivering material to fitters and taking
finished articles from fitters
|
C13
|
127.
|
Employee engaged directly assisting workmen whose margins
are $4.60 or more
|
C13
|
128.
|
Employee engaged directly assisting workmen whose margins
are $4.60 or more - foundry
|
C13
|
129.
|
Fitter making, repairing, setting or installing cooking
stoves, ovens, gas or electric stoves over 1.5 metres in width and/or other
heating and cooking appliances customarily used in cafes, kitchens,
restaurants, hotels and shops and produced by jobbing methods
|
C11
|
130.
|
Fitter making, repairing, assembling, reassembling,
setting installing or testing cooking stoves, ovens, gas or electric stoves
over 1 metre and up to 1.5 metres in width
|
C12
|
131.
|
Fitter making, repairing, assembling, reassembling,
setting installing or testing cooking stoves, ovens, gas or electric stoves
over 1 metre or under in width
|
C13
|
132.
|
Fitter making and assembling Regina and/or Empress stoves
|
C13
|
133.
|
Furnaceman
|
C12
|
134.
|
Furnaceman’s assistant
|
C13
|
135.
|
Gas stove adjuster (outside work)
|
C11
|
136.
|
Grinder and dresser
|
C13
|
137.
|
Grinder and dresser - (foundry)
|
C12
|
138.
|
Jobbing moulder and/or coremaker
|
C10
|
139.
|
Metallic enameller
|
C12
|
140.
|
Painter - brush
|
C13
|
141.
|
Pattern fitter and pattern filer
|
C12
|
142
|
Plater and machiner moulder and/or coremaker:
|
|
|
First six months
|
C13
|
|
Second six months
|
C13
|
|
Third six months
|
C12
|
|
Thereafter
|
C12
|
|
|
|
|
Experience for the purpose of calculating the rates
payable to plate and machine moulders and/or coremakers shall include all
experience as a moulder or a coremaker, jobbing or machine, as the case may
be, either as a junior or as an adult.
|
|
143.
|
Storeman
|
C12
|
144.
|
Packer and/or despatcher
|
C12
|
Division M - Silverplate Ware
145.
|
Silverplate tradesman (as defined)
|
C10
|
146.
|
Drop-hammer stamper - who puts in die and makes force
|
C11
|
147.
|
Assembler - as defined
|
C12
|
Division AD - Industrial Instrumentation
148.
|
Instrument tradesman
|
C9
|
149.
|
Instrument tradesman - Complex system
|
C8
|
150.
|
Instrumentation and Control tradesman
|
C6
|
M. J. WALTON J,
Vice-President.
SCHEDULE B
METAL AND ENGINEERING INDUSTRY (NEW SOUTH WALES) INDUSTRIAL COMMITTEE
Industries and Callings
Section 1
All persons employed in the industries and callings of
aircraft engineers, aircraft mechanics (wood and metal), assemblers
(agricultural and coachmakers, rail), assemblers of motor chassis (not
including engines or gearing, mudguards or valance), angle-iron smiths,
blacksmiths, brass finishers, polishers of any metal working in conjunction
with brass finishers, borers, blacksmiths, machinists, bulldozers, bradley
hammersmiths, coppersmiths, coppersmiths' machinists, chainsmiths, cycle
mechanics (including liners, writers and enamellers, wheel builders, filers
and/or cleaners), drillers, die sinkers, drop hammersmiths, engineers, electric
welders, fitters, forgers and/or faggoters, forge furnacemen, forging
machinists, gauge makers, grinders, hydraulic press machinists, key-way
cutters, locksmiths, lift maintainers, lappers, millers (general or universal),
markers-off, machinists making nuts, bolts and/or dog spikes, metal sawyers,
motor mechanics, motor cycle mechanics, motorsmiths, oliversmiths,
oxy-acetylene operators, patternmakers, punching machinists, planers,
power-press machinists, pipefitters, rolling stocksmiths, springmakers,
springsmiths, spring fitters, slotters, shapers, shift engineers, scientific
instrument makers, shearing machinists, springmakers, machinists, screwing
machinists, shipwright-boatbuilders, shipsmiths, safe makers, scale makers
and/or adjusters, turret lathe turners, turners, toolsmiths, toolmakers,
traversing drillers, tapping machinists, turners and testers (motor vehicles),
wet stone grinders and/or glaziers, sewing machine mechanics, and all other
machine men and mechanics or similar classes engaged in the engineering,
locomotive, shipbuilding, rolling stock, agricultural, iron trades or any other
industry excepting boilermakers, metal moulders, tinsmiths, sheet iron workers
in all branches, and ironworkers, assistants in the State, excluding the County
of Yancowinna;
Section 2
Boilermakers and iron shipbuilders, and in connection with
such industries, all oxy-acetylene and electric welders, and makers or
repairers of iron and steel wagons and or iron and steel carriages, other than
those engaged in the work usually done by carriage and wagon builders in the
State, excluding the County of Yancowinna;
Section 3
Tinsmiths, canister makers, sheet iron workers, sheet metal
workers, tin box makers and in connection with such industries, oxy-acetylene
welders and galvanisers and tinners, and persons employed in association with
such galvanisers and tinners; and electroplaters (excepting electroplaters,
other than those in outside jobbing shops, engaged in the making or repairing
of articles customarily made or repaired by stove, oven and grate makers),
bronzers, oxidisers, metal polishers (other than makers and stampers or
electroplated ware, and their assistants), in the State, excluding the County
of Yancowinna;
Section 4
All persons employed in or in connection with painting,
colouring, varnishing, japanning, lacquering or enamelling in the manufacture
of articles of sheet metal (10-gauge and under) or cast metal including those
made for use as household utensils, office and travelling requisites, builders'
ironmongery, and toys, in the State, excluding the County of Yancowinna;
Section 5
Metal ceiling employees and sheet metal fixers in the State,
excluding the County of Yancowinna;
Section 6
Stove, oven and grate makers and repairers who in such
industry (and as distinct from other craftsmen and their assistants, who
sometimes do the work as part of their particular craft) make, repair or
install articles customarily made, repaired or installed in the stove, oven and
grate making industry, such as carving tablers, bainmaries, hot press, cast
stock pots, jacketed pans, and all other such steam cooking gear, stoves,
ranges, grates, hot plates, gas fires, gas rings, wash coppers (rivetted or
brazed), toasters, portable incinerators, copper cylinders, grills, gas
grillers, range and stove canopies, flue pipes, pie ovens, plate racks, pot
racks, tailor's geese, potts irons, sad irons, gas irons, electric irons,
electric radiators, electric cookers or heaters (excepting the wiring,
insulating or fitting of electric apparatus attached thereto), furnace doors,
frames and grates, dampers for stoves, cooking ovens, ranges and metal flues
thereof, brooder broilers, also metal piano frame makers, in the State,
excluding the County of Yancowinna;
Section 7
All persons employed in the porcelain enamelling industry,
and all persons employed in the manufacture or preparation of frit for use in
the porcelain enamelling industry, including the porcelain enamelling of steel
and iron plates and hollow-ware, baths, sinks, pipes, cisterns, household utensils
and building material; and including dressers (other than dressers doing the
first or rough dressing), blasters, firemen, picklers, packers, storemen,
painters and labourers, in the State, excluding the County of Yancowinna.
Excepting
employees of -
State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
Roads and Traffic Authority;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty Limited;
Southern Copper Pty Limited;
Metal Manufacturers Limited;
Incitec Pty Limited;
Australian Standard Cables Proprietary Limited, at Port
Kembla;
The Broken Hill Proprietary Company Limited, at
Newcastle;
Australian Iron and Steel Proprietary Limited within
the jurisdiction of the Iron and Steel Works Employees (Australian Iron and
Steel Proprietary Limited) Industrial Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney;
The Council of the City of South Sydney;
The Council of the City of Newcastle;
Sydney Electricity;
The Northern Rivers County Council;
The Electricity Commission of New South Wales
(Pacific Power);
The Australian Gas Light Company;
Australian Wire Industries Pty Limited, at its
Newcastle Wiremill;
Australian Wire Industries Pty Limited at its Sydney
Wiremill;
Sydney Harbour Bridge;
The United Dental Hospital of Sydney;
and excepting also
employees -
In or about coal mines north of Sydney, on or about
coal mines in the South Coast district, in or about coal and shale mines west
of Sydney;
In or about metalliferous and limestone mines, in or in
connection with mining for minerals other than coal or shale, and in or about
diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore
smelting, refining, treatment and reduction works;
and excepting
employees within the jurisdiction of the following Industrial Committees -
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
John Lysaght (Australia) Limited Newcastle;
Australian Wire Industries Proprietary Limited - Newcastle
Ropery;
Special Steels and Steel Products Manufacture
(Commonwealth Steel Company Limited);
Tubemakers of Australia Limited, Yennora;
Tubemakers of Australia Limited, Newcastle;
Milk Treatment &c, and Distribution (State);
Cement Workers &c. (State);
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
University Employees &c. (State);
Municipal and Shire Council Employees;
Shoalhaven Scheme;
Crown Employees (Skilled Tradesmen);
Public Hospitals (Skilled Tradesmen);
University Building Maintenance Employees (State);
CSR (Pyrmont Refinery).
Printed by the authority of the Industrial Registrar.