ANIMAL FOOD MAKERS &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 6941 of 1999)
Before Commissioner
Tabbaa
|
13 February 2001
|
REVIEWED AWARD
Arrangement
Clause No. Subject
Matter
1. Title
2. Definitions
3. Conditions
of Employment
4. Disputes
Procedure
5. Adult
Weekly Rates
6. Undertakings
7. Junior
Rates
8. Proportion
of Juniors
9. Special
Rates
10. Sunday and
Holiday Rates
11. Mixed
Functions
12. Hours -
Day Work
13. Hours -
Shiftwork
14. Overtime
15. Travelling
16. Attendance
at Certificate of Food Processing Training Course
17. Public
Holidays
18. Annual
Leave
19. Annual
Leave Loading
20. Sick Leave
21. Personal/Carer's
Leave
22. Accident
Pay
23. Bereavement
Leave
24. Jury
Service
25. Safety
Precautions
26. First-aid
Attendant
27. Fire
Officer
28. Supply of
Overall, Tools, etc.
29. Payment of
Wages
30. Time and
Wages Book
31. Amenities
and Safety
32. Notice
Boards
33. Existing
Conditions
34. Copy of
Award, etc.
35. Aged or
Infirm Workers
36. Redundancy
37. Long
Service Leave
38. Workplace
Consultation
39. Enterprise
Arrangements
40. Anti-Discrimination
41. Superannuation
42. Area,
Incidence and Duration
Schedule A - Awards and
Variations Incorporated
Schedule B - Changes made on
Review
Appendix 1 - Minimum Award
Wage Rates
Appendix 2 - Special Rates
(clause 9)
Appendix 3 - Introduction
Appendix 4 - Disciplinary
Procedure
1. Title
This award shall be known as the Animal Food Makers &c.
(State) Award.
2. Definitions
(1) Shift Miller -
means an employee who is invested by management with responsibility for the
mill and control of other employees on their shift.
(2) Foreperson
Feed Miller - is a feed miller who is also responsible for planning and
organising of other employees besides those on their shift.
(3) Feed Mill
Operative - means an employee who works in a feed mill and operates the
production machinery.
Grade 5 - means an employee who is mainly engaged in
operating machinery which carries out one production function, involving the
application of standard practices which requires the exercise of limited
discretion and who has limited responsibility for the quality of the product,
and usually works under direct supervision.
Without limiting the generality of the foregoing, examples
of the type of work included are: grinding, rollermilling.
Grade 4 - means an employee who is mainly engaged in
operating machinery which carries out one or more production functions,
involving the application of standard practices but requiring some skill and
the exercise of some initiative and minor decision making, and who has limited
responsibility for the quality of the product/s and usually works under general
supervision.
Without limiting the generality of the foregoing, examples
of the type of work included are: operating a pellet press, an extruder, or
preparing ingredients for use and subsequently tipping them into a mixer or
bins before a mixer etc.
Grade 3 - means an employee who is mainly engaged in
operating equipment which controls the production machinery, involving the
application of standard practices but requiring the exercise of some initiative
and minor decision making, and who has limited responsibility for the quality
of the products, and usually works under general supervision.
Without limiting the generality of the foregoing, an example
would be: operating the production
control panel.
Grade 2 - means an employee who is mainly engaged in
operating equipment which controls the production machinery and may control
finished products, involving the exercise of some initiative and decision
making within a regular work routine, and who has substantial responsibility
for the quality of the products, and usually works under limited supervision.
Grade 1 - means an employee who is mainly engaged in
operating equipment which controls the production machinery of the mill and
finished products and/or ingredients, who is required to exercise initiative
and judgement and who has responsibility for the quality of the finished
products, but is not in control of the other employees on their shift.
The following expressions, which appear in the work
descriptions for the grades of feed mill operative, shall be defined as
follows:
Direct Supervision - shall mean that a person:
(a) receives
detailed instructions on the work to be performed; and
(b) performs tasks
which are part of an overall work routine; and
(c) is subject to
regular progress checks on the work performed.
General supervision - shall mean that a person:
(a) receives
instructions on what is required on unusual or difficult features of the work
and on the method of approach when new procedures are involved; and
(b) is normally
subject to progress checks which are usually confined to unusual or difficult
aspects of the task; and
(c) has the
knowledge and experience required to perform the duties usually without
specific instructions but has their work checked.
Limited supervision - shall mean that a person:
(a) may be subject
to progress checks which will be principally confined to establishing that
satisfactory progress is being made; and
(b) may have their
work checked.
(4) Premix Blender
- means an employee who is mainly engaged in weighing out qualities of
vitamins, proteins, minerals and other chemicals and preparing them for use as
an ingredient.
(1) Millwright
means a tradesperson who is mainly engaged on installation, repair and
maintenance work.
(2) General
Repairer not Millwright - means an employee who is mainly engaged in repairs
and maintenance work but without the relevant trade training and
qualifications.
(3) Head
Millwright means a Millwright who, whilst they are working, has in their charge
and control one or more millwrights and/or general repairers, not apprentices,
and who has been appointed by the employer to take such charge or control.
(4) Binsperson
means an employee who is mainly engaged in directing the finished product to
bins or to packing lines or to bulk delivery vehicles.
(5) Grain Sampler
means an employee wholly responsible for the acceptance or rejection of grain
or for fixing the rate of dockage in respect thereto.
(6) Head
Storeperson/Head Storehand means a Storeperson/Storehand who is invested by
management with the superintendence and responsibility of a store and the other
employee working in that area.
(7) Storeperson/Storehand/Siloperson
means an employee who is mainly engaged in handling and unloading products
and/or ingredients.
(8) Packerperson/Packer/Stacker
means an employee who is mainly engaged in packing products or in stacking them
in mill stores or in railway trucks or in containers.
(9) Head
Siloperson/Head Intake Person - means an employee who is invested by management
with the superintendence and responsibility of a silo or the receiving and
storage of ingredients and of other employees working in that area.
(10) Head Millhand
means an employee who is invested by management with superintendence and
responsibility of one area of work, and of other employees working in that
area.
(11) Millhand means
an employee who is required to perform general duties such as cleaning, bag
sorting and branding, etc.
(12) An Engine
Driver - shall be deemed to be in charge of plant
(i) when two or
more drivers are employed at the plant at one time and they are is the driver
invested with the superintendence and responsibility.
(ii) when the
driver, being the only person of their class employed on the plant, does the
general repair work of the plant, in addition to the work of engine-driving,
but not when the employee merely assists the millwright to do such work.
(13) Fireman/Boiler
Attendant means an employee who is mainly engaged in operating steam raising
plant.
(14) Fork Lift Truck
Driver and/or Tractor Driver means an employee who is mainly engaged in driving
a fork lift truck and/or a tractor.
(15) Laboratory
Assistant means an employee who is mainly engaged as an assistant in a
laboratory.
(16) All Other Adult
Employee means an employee who is not covered by the definitions above.
GENERAL DEFINITIONS
(a) Casual
employee is one who is engaged and paid as such.
(b) Breakdown
means a total stoppage of the work of the mill or plant, except in the stores,
through any breakdown of any part of the machinery, including the engines, used
by the employer or at the place from which power is transmitted, which prevents
the work of the mill itself being carried on for the rest of the day on which
the stoppage occurs at least, but does not include a stoppage for repairs.
(c) The Union
means the National Union of Workers, New South Wales Branch.
(d) Employee means
any person or any of the classes of persons performing any of the kinds of work
covered by this Award who may be employed by an employer.
(e) Employer means
an employer upon whom this Award is or becomes binding.
(f) Registrar
means the Industrial Registrar appointed under the Industrial Relations Act, 1996.
(g) Safety
Footwear means, for the purposes of subclause (g) of clause 28, Supply of
Overalls, Tools etc., footwear which has a non-slip sole and an integral steel
toe cap and which is suitable for use by the employee.
3. Conditions of
Employment
Unless otherwise determined by agreement in accordance with
clause 38, Workplace Consultation the following provisions shall apply:
(a) Engagement -
Subject to the following conditions the engagement of all employees under this
Award shall be on the basis of either permanent employment (which includes
part-time employees) or casual employment.
Employees shall be notified prior to engagement under which category
they are employed.
(i) Permanent
Employees (Including Part-time Employees) -
(a) Probationary
Period of Employment - All new permanent employees (which includes part-time
employees) shall be employed under a probationary period of three months
commencing from the date of engagement.
During the period a new employee will be properly instructed on the
tasks and requirements of the position to be filled. During the probationary period employment shall be on a
day-to-day basis and the employee's employment may be terminated by either the
employer or the employee at the end of any day or shift without notice.
(b) A
"part-time employee" shall mean an employee who is employed on a
permanent basis to work regular days and regular hours, either of which are
less than the number of days or hours worked by full-time permanent employees
employed at a site, but such days shall not be less than two per week and such
hours shall not be less than 16 per week.
(c) The number of
part-time employees that may be employed at a site shall not exceed the
proportion of one part-time employee to every four or portion of four full-time
employees employed under this Award.
(d) A part-time
employee shall be paid per hour one thirty-eighth of the weekly rate prescribed
for full-time employees for the classification in which they are employed.
(e) The spread of
ordinary hours of part-time employees shall be the same as that applicable to
full-time permanent employees in the section of the establishment in which they
are employed. The number of ordinary
hours worked shall not on any day exceed the number of ordinary hours of
permanent employees in the section in which the employee is employed and shall
not in any week exceed the number of hours of permanent employees in the
section without the payment of overtime.
(f) Subject to
this subclause, all of the provisions of this Award shall apply to a part-time
employee.
(ii) Casual
Employees -
(a) The rate of
pay for casual employees shall be the Award rate plus 20%. Where a casual employee works on any day
Monday to Friday in excess of the number of ordinary hours worked by weekly
employees in the establishment the rate of pay for working such excess hours
shall be time and a half for the first two hours and double time thereafter and
such rate shall not include the casual loading.
(b) The rate of pay
for work performed by casual employees on Saturdays, Sundays and Public
Holidays shall be the Award rate plus 20%.
(NOTATION: The Annual
Holidays Act 1944 provides that casual employees under this award are
entitled to receive an additional amount equal to one-twelfth of their ordinary
time earnings in lieu of annual leave).
(b) Termination
-
(i) Permanent
Employees (Including Part-time Employees) Employment shall be terminated by a
week's notice on either side given at any time during the week or by the
payment or forfeiture of a week's wages as the case may be.
No such notice shall be given to an employee at the
time of commencing their annual holidays or long service leave or during the
currency of such holidays or leave.
(ii) Casual
Employees - Employment shall be terminated by one hour's notice on either side
given at any time during the week or by payment or forfeiture of one hour's
ordinary pay as the case may be.
(iii) Instant
Dismissal - These provisions shall not affect the right of the employer to
dismiss any employee without notice for serious and wilful misconduct, and in
such cases, the wages shall be paid up to the time of dismissal only.
(c) Stand down -
(i) None of the
above shall affect the right of the employer 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.
(ii) Except as
provided by clause 22, Accident Pay, employees shall not be entitled to full
weekly wages unless they are ready, willing and available to work during the
ordinary hours of the week prescribed by this Award.
4. Disputes Procedure
Where it is agreed at a site that a Disputes Procedure
should be adopted, it shall be introduced on the following basis (unless
contrary agreement already in existence is preferred by the parties).
(1) The following
procedure shall be observed for handling grievances and settling of
disputes. These procedures will not
restrict the company or a duly authorised official of an employer's
organisation or a duly authorised official of the Union making representations
to each other.
(a) The Union and
the company shall notify each other in writing the names and/or titles of duly
accredited job representatives. The
accredited union job representative will be the only person entitled to make
representations on behalf of the members of their union employed by the
employer and the nominated company representative will be responsible for
dealing with matters raised by the union job representative.
(b) The accredited
union job representative and the nominated company representative shall make
themselves available for consultation as required under the procedure.
(c) In the first
instance, the accredited union job representative shall discuss matters
affecting the employees they represent with the foreperson or supervisor of
those employees.
(d) If the matter
is not resolved at this level, the accredited union job representative should
ask for it to be referred to the company's nominated representative and the
foreperson or supervisor shall do so.
The company's nominated representative shall arrange a conference to
discuss the matter within 24 hours or such other period as agreed with the
accredited union job representative.
(e) If the matter
is not resolved at the conference convened under paragraph (d) above, the
accredited union job representative shall advise the appropriate local official
of the union of the matter in issue. A
conference on the matter will then be arranged to be attended by such official
or officials and the union job representative concerned as the union may
decide, and by the nominated company representative and such other
representative of the company including its association as the company may decide.
(f) If a matter
has not been resolved when the procedures referred to above have been availed
of, the employer and the union should enter into consultation about it at a
higher level, on the employer and union sides, as the parties consider
appropriate.
(g) At any stage
in the procedures after consultation between the parties has taken place in
accordance with the procedures, either party may ask for and be entitled to
receive a response to their representations within a reasonable time. If there is undue delay on the part of the
other party in responding to representations, the party complaining of delay
may, after giving notice of their intention to do so, take the matter to a
higher level in the procedures on their side.
(h) Without
prejudice to either party, and except where a bona fide safety issue is
involved, work shall continue in accordance with the Award while matters in
dispute between them are being negotiated in good faith. Where a bona fide safety issue is involved,
the employer and the appropriate safety authority must be notified concurrently
or at least a bona fide attempt made to so notify that authority.
(i) At any stage
of the procedures, the parties may seek the assistance of some mutually
acceptable person.
(j) If the matter
is still not settled it shall be submitted to a member of the Industrial
Relations Commission of New South Wales, whose decision shall, subject to any
appeal in accordance with the Industrial
Relations Act 1996, be final and shall be accepted by the parties.
(2) In the event
of a party failing to observe these procedures, the other party may take such
steps as are open to them to resolve the matter.
5. Adult Weekly Rates
(i) Current
minimum rates are set out in Appendix 1 to this Award.
(ii) The rates of
pay in this award include the first, second and third arbitrated safety net
adjustments ($8.00 per week each 21 February 1994, 13th April 1995 and 5th
March 1998) payable under the State Wage Case - December 1994 Decision. All the above safety net adjustments may be
offset to the extent of any wage increase received at the enterprise level
since 29 May 1991. Increases made under
previous State Wage Case principles or under the current principles, excepting
those resulting at the enterprise level, are not to be used to offset
arbitrated safety net adjustments.
(iii) The rates of
pay in this award include the adjustments payable under the State Wage Case of
May 2000. These adjustments may be
offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increase since 29 May 1991 other than Safety Net, State Wage Case, and minimum
rates adjustments.
6. Undertakings
(a) Flexibility
-
(i) Employees
under this award shall be required to perform a wide range of duties including
work which is incidental or peripheral to their main tasks or functions as well
as maintenance duties (subject to required skills) requiring some use of tools.
(ii) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award.
(iii) The parties
will not create barriers to advancement of employees within the Award structure
or through access to training.
(iv) The parties
will accept in principle a new classification structure in which descriptions
will be more broadly based and generic in nature.
(v) The parties
will co-operate in the transition from the old structure to the new structure
in an orderly manner without creating false expectations or disputation.
(b) Award Modernisation:
(i) Both parties
are committed to modernising the terms of this Award so that it provides for
flexible working arrangements, improves the quality of working life, enhances
skills and job satisfaction and assists positively in the restructuring
process.
(ii) In
conjunction with establishing the new Award structure, the parties are prepared
to discuss all matters raised which will lead to increased flexibility. As such any discussion must be premised on
the understanding that:
(1) The majority
of employees and the employer at each enterprise must genuinely agree.
(2) No employee
will have their rate of pay reduced as a result of these changes.
(3) The union must
be a party to the agreement.
(4) The union will
not unreasonably oppose any agreement.
(5) Agreements
will be ratified by the Industrial Relations Commission of New South Wales.
(6) The disputes
procedure will apply if agreement cannot be reached in the implementation
process or a particular issue.
7. Junior Rates
Current rates are as set out in Appendix 1 - Minimum Award
Wage Rates.
8. Proportion of
Juniors
Not more than one junior shall be employed in proportion to
six or a fraction of six adults employed in the mill, engine room or store, and
the employer shall have the right to place such juniors in the mill, engine
room or store as they may require.
Provided that the provisions of this sub-cause shall not apply to any
junior who is paid not less than the relevant rate prescribed for an adult.
9. Special Rates
For current special rates see Appendix 2.
10. Sunday and
Holiday Rates
(a) Work on a
Holiday - Except as prescribed elsewhere in this clause, overtime rates in
addition to ordinary rates shall be paid for all time worked on holidays.
(b) Except as
prescribed elsewhere in this clause three times the ordinary rate shall be paid
for all time worked on Good Friday or Christmas Day (except where it is
observed on a Monday). Where gristing
work is done in any flour mill on Good Friday or Christmas Day then five times the
ordinary rate shall be paid.
(c) Where
Christmas Day is observed on a Monday, public holiday rates as prescribed in
sub-clause (a) of this clause shall apply and holiday rates as prescribed in
subclause (b) shall apply for all work done on 25 December.
(d) Provided that
where a night shift worker has worked their first shift for the week on Sunday
night and the shift is changed to day or afternoon shift in a week in which
Friday is a public holiday and as a consequence of the change of the employees'
shifts they are rostered to work an extra shift during their ordinary hours
compared to other shift workers in the mill whose shifts have not been changed,
the employee shall be entitled to not work their ordinary shift, without loss
of pay, on the working day immediately preceding such public holiday.
The following special provisions also apply to such an
employee:-
(i) Should the
employee be required to work on the day off prescribed by this subclause the
employee shall be paid for such work at the holiday penalty rate prescribed by
this clause as though the employee had worked on the Friday public holiday.
(ii) Should the
employee be required to work on the Friday public holiday they shall be paid
for such work at the overtime rate prescribed by clause 14, Overtime, in lieu
of the penalty rate prescribed by this clause.
(e) Work on a
Sunday - When work is performed on a Sunday, double ordinary rates shall be
paid. This sub-clause shall not apply
to work performed on a Sunday in accordance with subclause (d) of this clause
or subclause 13(d).
(f) By agreement
between the employer and the majority of their employees concerned, the
ordinary hours of a night shift may be worked to commence to earlier than 11.00
p.m. on the Sunday or a holiday in a week in which a holiday falls or is
observed, without payment of penalty rates, in lieu of working a night shift
which would run into the day on which a holiday falls or is observed in such
week.
(g) Where an
overtime shift is worked to commence not earlier than 11.00 p.m. on a Sunday,
for work performed between 11.00pm and midnight on such Sunday overtime rates
only, as prescribed by clause 14,
Overtime, shall apply.
(h) Employees
required to work on Sunday or holidays shall be paid for a minimum of three
hours' work. This subclause shall not
apply to ordinary hours of work performed on a Sunday or holiday in accordance
with subclause (d) of this clause or subclause 13(d).
(i) An employee
working on a Sunday shall be allowed a crib time of twenty minutes without
deduction of pay after each four hours of work, if the employee continues to
work after such crib time. Provided
further that the employer and the employee may agree to any variation of the
above crib time provisions to meet the circumstances of the work in hand which
is not less favourable to the employee and which will not require the employer
to pay in excess of twenty minutes at the appropriate rate for the prescribed
crib time. This subclause shall not
apply to ordinary hours of work performed on a Sunday in accordance with
subclause (d) of this clause or subclause 13(d).
(j) In addition
to the crib time allowed in accordance with subclause (i) of this clause, an
employee shall be paid a meal allowance as set out in subclause (j) of Appendix
2 - Special Rates.
11. Mixed Functions
Subject to the provisions of this clause an employee engaged
for more than two hours of one day or shift on duties carrying a higher rate of
wage than their ordinary classification shall be paid the higher rate for such
day or shift. If so employed for two
hours or less of one day the employee shall be paid the higher rate for the
time so worked.
Provided further where an employee is transferred, without
having received at least one week's notice, to a grade of work carrying a lower
minimum rate of wage than that at which they are usually employed, the employee
shall be paid during such week the rate of wage they were receiving for the
work usually performed by the employee.
12. Hours - Day Work
Unless otherwise determined by agreement in accordance with
Clause 38, Workplace Consultation, the following provisions shall apply:
(a) Ordinary
Hours of Work -
(i) Except as
provided elsewhere in this clause, ordinary working hours shall not exceed an
average of 38 per week to be worked between 6.00 a.m. and 6.00 p.m., Monday to
Friday on one of the following bases:-
(1) 38 hours
within a work cycle of one week
(2) 76 hours
within a work cycle of two weeks
(3) 114 hours
within a work cycle of three weeks
(4) 152 hours within
a work cycle of four weeks.
Different methods of implementation of a 38 hour week
may apply to various groups or sections of employees in the establishment
concerned.
(ii) In the
absence of agreement the ordinary working hours are not to exceed eight on any
day.
(iii) Where
agreement exists between the employer and the employee or between the employer
and the majority of employees concerned, the ordinary hours of work can be
worked at any time on any day of the week, Saturday and Sunday inclusive.
(b) Rate for
Ordinary Hours on Saturday and Sunday - Ordinary hours of work performed on a
Saturday shall be paid for at the rate of time and one half and on a Sunday at
double time.
(c) Meal break - A
meal break shall be allowed for a minimum of half an hour or such other period
as may be agreed upon between the employer and an employee or between the
employer and the majority of employees concerned. An employee shall not be required to work for more than five
ordinary hours without a meal break unless otherwise agreed, provided that the
time of taking a meal break for a particular day may be varied to meet the
needs of the establishment. If a meal
break is not given within six hours an employee shall be paid at time and one
half rates until a meal break is allowed.
(d) Notice of
rostered days off - In cases where, by virtue of the arrangement of the
ordinary hours of work, an employee is entitled to a rostered day off during
the work cycle, such employee shall be advised by the employer at least four weeks
in advance of the day to be taken off by written notice posted by the employer
on the notice board.
(e) Banking
rostered days off - By agreement between the employer and an employee or
between an employer and the majority of employees concerned, rostered days off
may be accumulated (banked) and shall be entitled to be taken in a manner
agreed upon between the employer and the employee.
(f) Rostered day
off not to coincide with holiday - In cases where, by virtue of the arrangement
of the ordinary hours of work, the employee is entitled to a day off during the
work cycle, the weekday to be taken off shall not coincide with a holiday fixed
in accordance with clause 17, Public Holidays.
(g) Substitute
days:
(i) The employer
and an employee or the employer and the majority of employees concerned may by
agreement substitute the day the employee or employees re to take off during a
work cycle for another day.
(ii) An apprentice
who is required to attend trade school on a rostered day off shall be entitled
to a substitute day as soon as practicable following the attendance at trade
school.
(h) Work on a
Rostered Day off - Unless a rostered day off is substituted for another day off
in accordance with subclause (e) or (g) work performed on the rostered day off
will be paid in accordance with clause 14, Overtime.
13. Hours - Shiftwork
Unless otherwise determined by agreement in accordance with
clause 38, Workplace Consultation, the following provisions shall apply:-
(a) Ordinary
Hours of Work -
(i) Except as
elsewhere provided in this clause the ordinary working hours shall not exceed
an average of thirty-eight hours per week.
Different methods of working shifts may apply to
various groups or sections of employees in the establishment concerned.
(ii) In the
absence of agreement the ordinary working hours are not to exceed eight on any
day.
(iii) Where
agreement exists between the employer and an employee or between the employer
and the majority of employees concerned, the ordinary hours of work can be worked
at any time on any day of the week, Saturday and Sunday inclusive.
(b) Definitions
-
(i) "Day
shift" means a shift worked in accordance with the terms of clause 12,
Hours - Day Work, which forms part of a rostered shift system.
(ii) "Afternoon
shift" means any shift finishing after 6.00 p.m. and at or before
midnight.
(iii) "Night
shift" means any shift finishing after midnight and at or before 8.00 a.m.
(iv) "Rostered
shift" means a shift of which the employee concerned has had at least 48
hours' notice.
(v) "Continuous
work" means work carried on with consecutive shifts of persons throughout
the twenty-fours hours of each day of the week without interruptions except
during breakdowns or meal breaks or due to unavoidable causes beyond the
control of the employer.
(c) Payment for
Ordinary Shifts -
(i) Employees
whilst actually engaged during ordinary hours on afternoon shift shall be paid
an amount per shift as set out at subclause (p)(i) of Appendix 2 - Special
Rates.
(ii) Employees
whilst actually engaged during ordinary hours on rotating night shifts shall be
paid an amount per shift as set out at sub-clause (p)(ii) of Appendix 2 -
Special Rates.
NOTE - The
shift work rates are fixed in relation to 1/5th of the weekly rate prescribed
by Grade 4 of Classification No. 3, Feed Mill Operative, of subclause (a) of
clause 5, Adult Weekly Rates, in the following manner:-
Afternoon shifts ……………………………..
|
19.73%
|
Night shifts (rotating)………………………..
|
24.56%
|
Calculated to the nearest 1 cent per shift.
(iii) Provided that
any employee instructed by their employer to change shifts during any week
shall be paid an additional amount as set out in subclause (p)(iii) of Appendix
2 - Special Rates for each change but not for the change back again.
(iv) When an
employee is absent from work for the purpose of enjoying a credit day off as
referred to in subclauses (d), (e), (f), (g) and (h) of clause 12, Hours - Day
Work, then such employee shall be paid the shift allowance they would have
received had the employee attended for duty on that day.
(d) Rates for
Ordinary Shifts on Saturday, Sunday and Holidays - Ordinary shifts, the major
portion of which is worked on a Saturday, shall be paid for at time and one
half and on a Sunday or holiday at double ordinary time. Such extra rate shall be in substitution for
shift allowances as prescribed in sub-clause (c) above.
(e) Day Worker
Changing to Shift Work - Where a day worker commences shift work at the
instruction of the employer without seven days notice (or the reduced period of
forty-eight hours notice where the transfer to shift work is necessitated by
absenteeism) the employee shall be paid time and one half rates for all
ordinary time worked until such required notice would have expired. Such extra rate shall be in substitution for
the shift allowance.
(f) Change of
Shift Rosters - Employees placed on the shift roster shall not have their
roster changed by the employer without 48 hours' notice of such change or
payment is made at time and one half rates for ordinary time worked until such
48 hours' notice would have expired.
Such extra rate shall be in substitution for the shift allowance.
(g) Termination of
Shift - A shift workers shall be given seven days' notice of the cessation of
the shift work. If such notice is not
given the appropriate shift allowances set out in subclause (c) and (d) hereof
shall apply to ordinary time worked until such seven days' notice would have
expired.
(h) Meal Breaks
-
(i) Employees
employed in mills running two shifts shall be allowed 30 minutes for meals
during each shift and no time shall be deducted for such meals except where a
meal relief is granted on day shifts and the employees concerned are paid an
additional amount per shift as set out in subclause (k) of Appendix 2 and in
such cases not less than 30 minutes nor more than one hour shall be allowed for
meals which shall not be counted as time worked.
(ii) Employees
employed in mills running three shifts shall be allowed 30 minutes for meals
and no time shall be deducted for meals on any shift.
(i) Notice of
rostered shifts off - In cases where, by virtue of the arrangement of the
ordinary hours of work, an employee is entitled to a rostered day off during
the work cycle, such employee shall be advised by the employer at least four
weeks in advance of the day to be taken off by written notice posted by the
employer on the notice board.
(j) Banking of
Rostered Shifts Off - By agreement between the employer and an employee, or
between the employer and the majority of employees concerned, rostered shifts
off may be accumulated (banked) and shall be entitled to be taken in a manner
agreed upon between the employer and the employee.
(k) Rostered
Shifts off not to Coincide with Holidays -
(i) In cases
where, by virtue of the arrangement of the ordinary hours of work, an employee
is entitled to a rostered shift off during the work cycle, the shift to be
taken off shall not coincide with a holiday fixed in accordance with clause 17,
Public Holidays.
(ii) Provided
that, in the event that a public holiday is prescribed after an employee has
been given notice of a rostered shift off in accordance with subclause (h) of
this clause and the holiday falls on such shift the employer shall allow the
employee to take an alternative shift off in lieu.
(iii) An employee
working continuous shift work who by the arrangement of ordinary hours of work
is entitled to a rostered shift off which falls on a public holiday prescribed
by clause 17, shall at the discretion of the employer, be paid for that day
one-fifth the ordinary weekly rate of pay or have an additional day added to
the annual leave entitlement. This
provision shall not apply when the holiday on which the employee is rostered
off falls on a Saturday or Sunday.
(l) Work on A
Rostered Shift Off - Unless a rostered shift off is substituted for another
shift off in accordance with subclauses (j) and (m) work performed on the
rostered shift off will be paid in accordance with clause 14, Overtime.
(m) Substitute
Shift - The employer and an employee or the employer and the majority of
employees concerned may by agreement substitute the shift an employee or the
employees are to take off during a work cycle for another shift without the
payment of penalty rates.
(n) Daylight
Saving - Notwithstanding anything contained elsewhere in this Award, in any
area where, by reason of the legislation of a State, summer time is prescribed
as being in advance of the standard time of that State the length of any shift:
(i) Commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period, or
(ii) 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 thereof, the time of the clock in
each case to be set at the time fixed pursuant to the relevant State
legislation.
In this subclause the expression "standard
time" and "summer time" shall bear the same meaning as
prescribed by the relevant State legislation.
14. Overtime
Unless otherwise determined by agreement in accordance with
clause 38, Workplace Consultation, the following provisions shall apply:-
(a)
(i) All work done
outside the ordinary hours of work shall be overtime and shall be paid for at
the rate of time and one half for the first two hours and double time
thereafter. Provided that in respect of
overtime worked on a Saturday payment shall be made at the appropriate overtime
rate as for a minimum of three hours worked, except in the case of a shift
worker continuing in overtime after having finished his/her ordinary hours of
work on a Saturday. In the computation
of overtime each day or shift shall stand alone.
(ii) An employee
shall not be paid overtime for work on any day until the employee has worked
the equivalent of his ordinary hours for the day. This provision is intended to apply in circumstances where the
employees are late for work or are unlawfully absent during the day.
(b) Where, after
having left their place of employment, an employee is recalled to work from
their home, the employee shall be paid for at least three hours work at the
appropriate rate, except where such recall occurs within one hour of the
employee's normal commencement time. In
such case overtime rates shall apply until the normal commencement time and
then ordinary rates shall be payable.
(c) An employee
who works so much overtime between the termination of the ordinary hours of
work on one day or shift and the commencement of the ordinary hours of work on
the next day or shift that the employee has not had at least ten consecutive
hours off duty between those times shall, subject to this sub-clause, be
released after completion of such overtime until the employee has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on
the instructions of the employer such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double ordinary rates until they are released from duty for such
period, and the employee shall then be entitled to be absent until they have
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
The provisions of this sub-clause shall apply in the case of
shift workers as if eight hours were substituted for ten 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 shift worker is required to
replace such shift worker; or
(iii) Where a shift
is worked by arrangement between employees themselves.
(d) Compulsory
Overtime:
(i) An employer
may require an employee to work reasonable overtime at overtime rates and such
an employee shall work overtime in accordance with such requirement.
(ii) The
organisation party to this Award shall not in any way, whether directly or
indirectly, be a party to or concerned in any ban, limitation or restriction
upon the working of overtime in accordance with the requirements of this
sub-clause.
(e) Time Off In
Lieu Of Overtime, Call Back, Sunday and Holiday Work - Subject to the following
provisions, time off in lieu of payment of overtime, call back, Sunday and
holiday work may be taken by an employee.
The amount of time off shall be calculated on the basis of the
appropriate penalty rate. This
alternative to the payment of penalty rates shall only apply by agreement
between the employer and the employee concerned.
(f) Standing By -
An employee required by the employer to hold himself or herself in readiness
for call back to work shall be paid "stand by" time at ordinary Award
rates of pay from the time the employee is required to so hold himself or
herself in readiness until released by the employer from the requirement to
"stand by".
(g) Crib Times
and Meal Allowances -
(i) An employee
required to work more than two hours overtime immediately before or immediately
after their ordinary hours of work on any day or shift shall be allowed a crib
time of twenty minutes, payable at ordinary rates, upon completion of two hours
overtime; an employee required to continue to work overtime after their first
crib time shall be allowed a further crib time of twenty minutes, payable at
overtime rates, at the end of each further four hours of overtime worked,
provided that an employee shall not be entitled to any particular crib time
prescribed unless they are required to continue to work overtime after any such
crib time.
(ii) An employee
required to return to the mill to work overtime shall be allowed a crib time of
twenty minutes upon completion of each four hours overtime worked which shall
be paid for at overtime rates, provided further an employee shall not be
entitled to any particular crib time prescribed unless they are required to
continue to work overtime after any such crib time.
(iii) An employer
and employee may agree to any variation of the above crib time provisions to
meet the circumstances of the work in hand which is not less than favourable to
the employee and which will not require the employer to pay in excess of twenty
minutes at the appropriate rate for the prescribed crib time.
(iv) In addition to
the crib times allowed in accordance with this sub-clause the employee shall be
paid an amount for meal allowance as set out at subclause (q) of Appendix 2 -
Special Rates.
15. Travelling
(a) Employees
shall be paid ordinary time when travelling to and from their work when
employed away from mill premises to the extent that the time required to go to
work and return exceeds the time reasonably taken to go to and from the
employee's home to their work at the mill.
In the event of an employee being transferred by this employer from one
mill to another mill, the employee shall be paid ordinary rates for the time
occupied in travelling but not exceeding eight hours on any one day.
(b) Where an
employee works overtime and as a consequence their usual ordinary means of
transport is not available, the employee shall be reimbursed any additional
expenses incurred in reaching home by reasonable alternative means of
transport.
(c) An employee
who by agreement with this employer uses their own vehicle on the employer's
business shall be paid an allowance as set out in subclause (n) of Appendix 2
per kilometre travelled.
(d) Where an
employee is required by their employer to work at a place other than their usual
place of employment and as a consequence is required to live away from the
employee's usual place of residence, the employee shall be reimbursed by the
employer any reasonable and additional out-of-pocket expenses incurred provided
that the proposed mode of transport and accommodation have been previously
agreed by the employer.
16. Attendance at
Certificate of Food Processing Training Course
(a) An employee
with the consent of the employer may attend training as part of a course to
obtain a Certificate of Food Processing.
No deduction shall be made from the employee's wages for any time the
employee is required to attend such course as required by the curriculum. Where an employee's usual place of work and
of residence are so situated as to require the employee to live away from home
whilst attending the course the employee shall be reimbursed by their employer
any reasonable additional travel and/or additional accommodation expenses
incurred provided that the proposed mode of transport and accommodation have
been previously agreed by the employer.
(b) The scope and
terms of this clause will be reviewed as part of the review of training and
career paths in the Award.
17. Public Holidays
(a) An employee on
weekly hiring shall be entitled to the following holidays and no deduction
shall be made from their weekly wage for any such days not worked: New Years Day; Australia Day; Good Friday;
Easter Saturday; Easter Monday; Anzac Day; Queens Birthday; Union Picnic Day;
Eight Hour Day or Labour Day; Christmas Day and Boxing Day.
Provided that for the purposes of this Award:
(i) when
Christmas Day falls on a Saturday or a Sunday, the following Monday shall be
observed as Christmas Day.
(ii) when Boxing
Day falls on:
(a) a Saturday, it
shall be observed on the following Monday; or
(b) a Sunday, it
shall be observed on the following Tuesday; or
(c) a Monday, it
shall be observed on the following day, viz.: Tuesday;
(iii) When New
Years Day falls on a Saturday or on a Sunday, the following Monday shall be
observed as New Years Day; and
(iv) Where in
accordance with paragraph (iii) or paragraph (iv) of this sub-clause the
observance of Boxing Day or New Years Day is transferred from the Saturday or
Sunday on which it falls by the calendar, the said Saturday or Sunday shall be
deemed not be a holiday for the purposes of this clause; but where in
accordance with paragraph (i) of this subclause it is Christmas Day which so
falls on a Saturday or Sunday and its observance is transferred to the
following Monday, the said Saturday or Sunday on which Christmas Day falls by
the calendar, shall be deemed to be an award holiday, and any work performed
thereon shall be paid for pursuant to sub-clause (b) of clause 12, Hours -
Daywork.
Provided that each such holiday shall be of the 24 hours and
shall commence on the day of the holiday at 7.00 a.m. or whatever is the normal
time of starting the day shift at each mill and shall end at the same time on
the following day. Time worked between
midnight and such normal starting time on the day of the holiday shall not be
paid at holiday penalty rates.
Provided that in an establishment whose night shift workers
commence the first night shift of the week on Sunday nights each such holiday
during any such week shall be of 24 hours and shall commence at the beginning
of the night shift prior to the holiday and shall end at the same time and the
following day.
(b) In localities
where Eight Hour Day and/or Picnic Day is/are not observed, a day or days in
lieu thereof shall be granted to all employees, such days or days to be
mutually arranged between an employer concerned and their employees.
(c) In the case of
any employee who, through no fault of their own, is discharged within two weeks
before any holiday or holidays and re-engaged within one week after such
holiday or holidays, or is discharged within one week before any holiday or
holidays and re-engaged within two weeks after such holiday or holidays, such
employee shall be entitled to payment for such holiday or holidays.
(d) Employees
shall be entitled to three days' notice at least, if they are to be required to
work on any holiday.
(e) Where an
employee is absent from their employment on the working day before or the
working day after a holiday without reasonable excuse or without the consent of
the employer, the employee shall not be entitled to payment for such holiday.
(f) Rostered Day
Off Falling on Public Holiday - In the case of an employee whose ordinary hours
of work are arranged in accordance with subclauses 12 (i), (ii) or (iii) of
this Award the weekday to be taken off shall not coincide with a public holiday
fixed in accordance with this clause.
Provided that, in the event that a public holiday is prescribed after an
employee has been given notice of a weekday off in accordance with subclause
(d) of clause 12 of this Award and the public holiday falls on such weekday the
employer shall allow the employee to take a day off in lieu on an alternative
week day.
18. Annual Leave
(i) Employees
other than seven-day shift workers, see Annual
Holidays Act, 1944.
(ii) In addition
to the leave provided for by subclause (i) of this clause, seven day shift
workers, that is, shift workers who are rostered to work regularly on Sundays
and holidays, shall be allowed one additional week's leave; provided that if
during the year of employment an employee has served for only a portion of it
as a seven day shift worker the additional leave shall be one day for every 36
ordinary shifts worked as a seven-day shift worker. In this subclause reference to one week and one day shall include
holidays and non-working days.
19. Annual Leave
Loading
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an
employee is given and takes their annual holiday, or where by agreement between
the employer and the employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods, the
employer shall pay their employee a loading determined in accordance with this
clause.
NOTE: The obligation
to pay in advance does not apply where an employee takes an annual holiday
wholly or partly in advance - see subclause (vi).
(iii) The loading
is payable in addition to the pay period of holiday given and taken and due to
the employee under the Act and this Award.
(iv) The loading is
calculated in relation to any period of annual holiday to which the employee
becomes entitled under the Act and this Award, or, where such holiday is given
and taken in separate periods, then in relation to each separate period. (NOTE:
see subclause (vi) as to holidays taken wholly or partly in advance).
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 20% of the appropriate
ordinary weekly time rate of pay prescribed by this Award for the
classification in which the employee was employed immediately before commencing
their annual holiday, but shall not include allowances, penalty rates, shift
allowances, overtime or any other payments prescribed by this Award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when they would have become entitled under the Act to such a holiday and is to
be calculated in accordance with subclause (v) of this clause applying the
Award rates of wages payable on that day.
This subclause applies where an annual holiday has been taken wholly or
in part in advance.
(vii) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purposes of giving an annual holiday or leave
without pay to the employees concerned:
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (v) of this clause;
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to them
under the Act, such proportion of the loading that would have been payable to
him under this clause if the employee had become entitled to an annual holiday
prior to the close-down as his qualifying period of employment in completed
weeks bears to 52.
(viii)
(a) Where the
employment of an employee is terminated by their employer, for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which the employee
became entitled, the employee shall be paid a loading calculated in accordance
with subclause (iv) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on
termination of an employee's employment.
(ix) This clause
extends to an employee who is given and taken an annual holiday and who would
have worked as a shift worker if the employee not been on holiday; provided that,
if the amount to which the employee would have been entitled by way of shift
work allowances and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the employee would have worked
during the time period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
20. Sick Leave
Unless otherwise determined by agreement in accordance with
clause 38, Workplace Consultation, the following provisions shall apply:
(a) Eligibility
for Paid Sick Leave - A weekly employee, having had at least three months'
service with the same employer, shall be entitled to paid sick leave when
absent from duty as a result of personal illness or accident (other than an
accident for which the employee is entitled to workers' compensation) subject
to the following conditions:
(i) Notice of
absence - An employee shall inform their employer of inability to attend for
duty due to personal illness or accident not later than one hour prior to the
commencement of the ordinary hours of the first day or shift of his
absence. Provided that where an
employee gives the employer a satisfactory explanation for his late
notification, the employee may notify the employer during the first day or
shift of the absence, but not later.
(ii) Proof of
reason for absence - An employee shall prove to the satisfaction of the
employer that their non-attendance was due to personal ill health necessitating
such absence and was not caused by intemperance.
In the case of single day absences the employer may
require an employee to make a statutory declaration verifying the cause of his
absence.
(b) Common Sick
Leave Year
(i) Each
establishment shall have a Common Sick Leave Year for all its employees.
(ii) An
establishment's Common Sick Leave Year shall be the 12 month period which
coincides with its Accounting Period for the purposes of the Income Tax Assessment Act.
(c) Amount of
Sick Leave
(i) After three
months service with the same employer an employee shall be entitled to 3.17
hours sick leave for each completed month of service rendered during their
first year of employment.
(ii) After 12
months' service with the same employer an employee shall be entitled to 5.06
hours sick leave for each completed month of service from the end of their
first twelve months of employment until the beginning of the establishment's
next Common Sick Leave Year.
(iii) Each employee
not covered by paragraph (i) or (ii) of this subclause shall be entitled to
60.8 hours sick leave at the beginning of an established Common Sick Leave
Year.
(d) Accumulation
of Untaken Sick Leave - If an employee has not taken any part of an entitlement
to sick leave prescribed by subclause (c) the untaken portion shall, subject to
subclause (e), accumulate from year to year.
(e) Order in Which
Sick Leave Shall be Taken - Where an employee is eligible to the payment of
sick leave under subclause (a) it shall be granted to the employee from the
available sources in the following order:
(1) From the
current year's sick leave entitlement;
(2) From accrued
entitlements.
21. Personal/Carer's
Leave
(1) Use Of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 20, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take Carer's leave under
this sub-clause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married too that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off In
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
22. Accident Pay
(a) An employer
shall pay and a weekly employee shall be entitled to receive accident pay in
accordance with this clause.
(b) "Accident
Pay" means a weekly payment of an amount being the difference between the
weekly amount of compensation paid to an employee pursuant to the relevant Workers' Compensation Act in the state
in which the employee may be employed, and the weekly Award rate to which such
employee is entitled in the classification under which the employee is employed
at the date of injury; or, where the incapacity is for a lesser period than one
week, the difference between the amount of compensation and the said Award rate
for that period.
(c) An employer
shall pay their employee accident pay where the employee receives an injury for
which compensation is payable by or on behalf of the employer pursuant to the
provisions of the said Act.
(d) An employer
shall pay, or cause to be paid, accident pay during the incapacity of the
employee within the meaning of the said Act until such incapacity ceases or
until the expiration of a period of 39 weeks from the date of injury, which
ever event shall occur first.
(e) The
termination of the employee's employment for any reason during the period of
any incapacity shall in no way effect the liability of the employer to pay accident
pay as hereinbefore provided.
(f) An employee
shall not be entitled to any payment under this clause in respect of any period
of paid annual leave or long service or for any paid public holiday.
(g) In the event
that an employee receives a lump sum in redemption of weekly payment under the
said Act, the liability of the employer to pay accident pay as herein provided
shall cease from the date of such redemption.
(h) Where the
employee recovers damages from the employer or from a third party in respect of
the said injury independently of the said Act, the employee shall be liable to
repay their employer the amount of accident pay which the employer has paid
under this clause, and the employee shall not be entitled to any further
accident pay in respect of that injury.
(i) This clause
shall not apply to any injury occurring during the first two weeks of the
employment of an employee with any individual employer.
23. Bereavement Leave
(i) A weekly
employee shall be entitled on notice to bereavement leave, up to and including
the day of the funeral, without deduction of pay for a period not exceeding the
number of hours worked by the employee in three ordinary days' work on each
occasion of the death of a person prescribed in subclause (iii) below.
(ii) The employee
shall provide proof of death to the satisfaction of the employer, if required
by the employer.
(iii) Bereavement
Leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in subclause (1)(c)(ii)
of clause 21 provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) An employee
shall be entitled to bereavement leave under this clause in the event of the
death outside Australia of a person prescribed in sub-clause (iii) above, if
the employee goes overseas to attend the funeral.
(vi) Bereavement
leave may be taken in conjunction with other leave available under subclauses
1(a), 2, 3, 4, 5 and 6 of clause 21, Personal/Carer's Leave. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vii) Death Outside
Australia - Service Locally - Where any of the relatives nominated in subclause
(iii) dies outside Australia and a weekly employee does not travel outside
Australia to attend the funeral/service, such employee shall be entitled to
leave not exceeding the number of hours worked by the employee on one ordinary
day's work for the purpose of attending a local service for the deceased. Evidence of the death and evidence of
attendance at the service shall be furnished by the employee to the
satisfaction of the employer.
24. Jury Service
An employee required to attend for jury service during their
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time the employee would have worked had the employee not been
on jury service.
An employee shall notify the company as soon as possible of
the date upon which they are required to attend for jury service. Further, the employee shall give their
employer proof of their attendance, the duration of such attendance and the
amount received in respect of such jury service.
25. Safety
Precautions
As a safety precaution in mills, not less than two persons
shall be on duty at any one time in the processing and packing of mill
products.
26. First-Aid
Attendant
In the mills where an employer has appointed an employee who
holds a certificate issued by St. Johns Ambulance or some other similar body as
a first-aid attendant, an additional amount as set out in subclause (1) of
Appendix 2 for each week in which three days or more have been worked shall be
paid to such employee and such amount shall be payable in addition to any
amount paid for Annual Leave, Sick Leave and Public Holidays provided that this
allowance shall not be subject to any premium or penalty additions. Provided that nothing in this sub-clause
shall be taken as meaning that an employer shall be required to make such an
appointment.
27. Fire Officer
An employer may appoint a properly trained employee as a
fire officer, and such an employee shall be paid an additional amount per week
as set out in subclause (o) of Appendix 2 for each week in which three days or
more have been worked and such payment shall be payable in addition to any
amount paid for Annual Leave, Sick Leave and Public Holidays provided that this
allowance shall not be subject to any premium or penalty additions. Provided that nothing in this sub-clause
shall be taken as meaning that an employer shall be required to make such an
appointment.
Before an employee can be appointed a fire officer in
accordance with this clause the employee must be properly qualified for the
appointment through the completion of a training programme conducted by local
fire fighting authorities. The training
required by this clause should include the following matters:
(i) emergency
fire procedures and evacuation action;
(ii) factors
necessary for combustion;
(iii) classification
of fires;
(iv) causes of
fires;
(v) fire
prevention requirements;
(vi) portable fire
equipment - identification, uses and method of operation;
(vii) fire exit
drill;
(viii) elementary
first-aid for fire or smoke inhalation victims.
28. Supply of
Overalls, Tools, Etc
(a) Employees in
flour or provender mills shall be supplied by the employer with two pairs of
overalls or other acceptable clothing mutually agreed between the employees and
employer concerned or at the discretion of the employer shall be paid an
allowance per week as set out in subclause (m) of Appendix 2 in lieu; employees
whilst at work shall regularly wear the clothing supplied or paid for by the
employer; "worn out" overalls supplied by the employer shall be
replaced by the employer free of charge to the employee when an employer is
satisfied that the overalls are worn out and upon them being returned to the
employer. The clothing supplied by the
employer shall remain the property of the employer and upon termination of the
employment deduction from any payments then due to the employee may be made by
the employer or the cost of the clothing not returned in good order and
condition, fair wear and tear excepted.
(b) Where a
millwright, fitter or joiner provides and maintains a full kit of all necessary
hand tools required for the performance of their work they shall be paid a tool
allowance per week as set out in subclause (m) of Appendix 2.
(c) Suitable
shoulder covers shall be supplied to employees engaged in the stacking or
loading of mill products. Such shoulder
covers shall remain the property of the employer and shall be returned to the
employer on demand, provided that if not so returned the employer may deduct
the cost of same from any wages due to the employee.
(d) In provender
mills an employee engaged in handling dyes in the manufacture of products shall
be issued with a face mask, gloves and protective clothing or apron.
(e) An employee
whose clothes may be stained or otherwise damaged by handling branded bags
shall upon request be supplied with a protective apron and shoulder pad by the
employer.
(f) Where an
employee is engaged in the handling and use of pesticides within the mill or
mill area the employer shall supply, and the employee shall wear, appropriate
protective clothing. An employee whilst
so engaged shall be paid an allowance per hour in subclause (m) of Appendix 2.
Where an employee is so engaged they shall be entitled,
upon request, to an appropriate medical examination at the employer's expense
not more than once in every twelve months.
A copy of the medical report resulting from the examination shall be
made available to both the employer and the employee concerned.
(g) Not later than
six weeks after the commencement of employment an employer shall supply to a
weekly employee, upon request, safety footwear free of charge; such footwear
shall remain the property of the employer, but it shall be a condition of the
employment that the employee shall wear such safety footwear at all times
whilst at work. "Worn out"
safety footwear shall be replaced by the employer free of charge to the
employee when an employer is satisfied that the safety footwear is worn out and
upon the footwear being returned to the employer. On termination of the employment the employee shall upon request
return the safety footwear issued to them in good order and condition, fair
wear and tear excepted.
29. Payment of Wages
Unless otherwise determined by agreement in accordance with
Clause 38, Workplace Consultation, the following provision shall apply:
(a)
(i) Employee Who
Actually Works 38 Ordinary Hours Each Week- In the case of an employee whose
ordinary hours of work are arranged so that the employee works 38 ordinary
hours each week, wages shall be paid weekly according to the actual ordinary
hours worked each week.
(ii) Employee who
Works an Average of 38-Hours Each Week - Subject to subclauses (c) and (d)
hereof, in the case of an employee whose ordinary hours of work are arranged so
that he/she works an average of 38 ordinary hours each week during a particular
work cycle, wages shall be paid weekly according to a weekly average of
ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
(b) Absences
from Duty -
(i) An employee
who works an average of 38 ordinary hours each week and is absent from duty
(other than for public holidays, paid sick leave, bereavement leave or jury
service) shall, for each day he/she is so absent, lose average pay for that day
calculated by dividing his average weekly wage rate by five.
(ii) When an
employee is absent from duty for a whole day (other than for public holidays,
paid sick leave, bereavement leave or jury service) the employee will not
accrue a 'credit' because the employee would not have worked ordinary hours
that day in excess of seven hours 36 minutes for which the employee would
otherwise have been paid. Consequently,
during the week of the work cycle in which the employee is to work less than 38
ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will not be
entitled to average pay for that week.
In that week, the average pay will be reduced by the amount of 'credit'
the employee does not accrue for each whole day during the week cycle the
employee is absent.
The amount by which an employee's average weekly pay
will be reduced when the employee is absent from duty (other than on public
holidays, paid sick leave, bereavement leave or jury service) is to be
calculated as follows:-
Total of
"credits" not accrued during cycle X average weekly pay
|
38
|
(c) Wages shall be
paid at each establishment on either a weekly, fortnightly or four weekly basis
and on the weekday in that period as agreed between the employer and the
majority of employees.
(d) Day Off
Coinciding With Pay Day - In the event that an employee, by virtue of the
arrangement of their ordinary working hours, is to take a day off on a day
which coincides with pay day, such employee shall be paid no later than the
working day immediately following pay day.
(e) An employee
kept waiting for wages paid in cash on pay day for more than 15 minutes after
the usual time for ceasing work shall be paid at overtime rates after that 15
minutes for the time spent waiting.
(f) Termination
of Employment - Upon termination of the employment wages due to an employee
shall be paid at the end of the final shift.
In the case of an employee who is paid average pay and
who has not taken a rostered day off due to the employee during the work cycle
in which the employment is terminated, the wages due to that employee shall
include the total of credits accrued during the work cycle. Where the employee has taken a day off
during the work cycle in which the employment is terminated, the wages due to
that employee shall be reduced by the total of credits which have not accrued
during the work cycle.
(g) Method of
Payment
(i) Subject to
paragraph (ii), an employer shall pay an employee's wages in cash.
(ii) Payment of
cheque or electronic transfer
Where an employer and employee agree, the employee may
be paid wages by cheque or direct transfer into an employee's bank (or other
recognised financial institution) account.
Where the majority of employees at an establishment are paid by one of
these alternative methods, the employer is entitled to pay all employees in a
like manner.
At an establishment where one of these alternative
methods of payment of wages has been introduced new employees will be advised
that payment of wages by cheque or by direct transfer will apply from the
commencement of employment and an authority to do so will be obtained from the
employee at the time of commencing employment.
30. Time and Wages
Book
Each employer shall keep a time and wages book containing
the name of each employee and their occupation, the hours worked each day and
wages and allowances paid each week.
The time and wages book shall be open for inspection by a
duly-accredited official of the Union during office hours between 9.00 a.m. and
5.00 p.m. Monday to Friday inclusive.
31. Amenities and
Safety
(i) Boiling Water
- Employers shall provide boiling water for employees at meal times.
(ii) Drinking
Water - Employers shall provide for the use of employees a sufficient supply of
wholesome, cool drinking water from bubble taps or other suitable drinking
fountains.
(iii) First-aid
Outfit - In each mill the employer shall provide and continuously maintain at a
place reasonably accessible to all employees an efficient First-aid outfit.
(iv) Lockers - The
employer shall at some reasonably convenient place on their premises provide a
suitable locker for each employee.
(v) Showers -
Employers shall provide hot and cold showers.
(vi) Washing and
Sanitary Conveniences - Employers shall provide proper and sufficient washing
and sanitary conveniences.
(vii) Dining Room
Accommodation - Employers shall provide suitable dining room accommodation
which shall be equipped with a food-heating appliance and a refrigerator.
32. Notice Boards
The employer shall make facilities available in a prominent
position in their establishment upon which representatives of the Union shall
be allowed to post notices. Any notice
so posted shall be signed by the Secretary or the President of the State Branch
of the Union provided, that any such notice does not direct, suggest or incite
any breach of this Award or of the Industrial
Relations Act 1996, or any disobedience to or disrespect of the lawful
authority of the employer.
33. Existing
Conditions
This Award is based on existing customs and conditions in
the industry not altered by the provisions of this Award.
34. Copy of Award,
Etc.
At each flour and provender mill the employer shall supply
to the union's shop steward, or nominee of the Union, a copy of this Award and
all subsequent variations thereto, for perusal, on request by a member of the
union, during a non-working period at the mill. Such Award and all variations thereto shall remain the property
of the employer and without the approval of the employer shall not be removed
from the mill precincts. Upon request
to the shop steward, or nominee of the Union, to whom the Award and all
subsequent variations thereto, have been supplied, shall be handed over to any
other person nominated in their place by the Union. For the purpose of this clause the words "the Award and all
subsequent variations thereto" shall also be included to mean a privately
printed copy of the Award with replacement pages thereof approved by the Union.
An employee, upon request to the employer, shall be
supplied, not more than once in each year of service, with a statement as to
their accrued untaken sick leave, annual leave or long service leave
entitlements as to a particular date determined by the employer in the current
year of service of the employee.
35. Aged Or Infirm
Workers
Refer to Section 125 of the Industrial Relations Act 1996.
36. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(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.
(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.
(ii) Introduction
of Change -
(a) Employer's
Duty to Notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
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.
(2) `Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
Duty to Discuss Change
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
subclause.
(3) For the
purpose of such discussion, 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.
(iii) Redundancy
-
(a) Discussions
Before Terminations -
(1) Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii) above, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) 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 workers normally employed and the period over which
the terminations are likely to be carried out.
Provided any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Termination
of Employment -
(a) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with subclause
(ii)(a)(1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
(i) Where the
employee is below the age of 45 years at the time on which such notice is given
- one week for each completed year of employment; or
(ii) Where an
employee is 45 years of age or more at the date on which such notice is given -
one week fore each completed eight months of employment.
Provided that in each case the period of notice
required to be given to an employee under this clause, or payment in lieu
thereof, shall not exceed 14 weeks.
Provided further that an employee to whom such notice has been given
may, by giving at least one week's notice to the employer, or forfeiting one
week's wage in lieu thereof, terminate their own employment during the above
period of notice; such employee shall not thereby forfeit his entitlement to
payments prescribed by subclause (c) of this clause, but no payment shall
otherwise be made for the period of notice subsequently not served by the
employee.
(2) 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.
(b) Notice for
Technological Change - This sub-clause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) 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.
(3) The period of
notice required by this sub-clause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act, 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off
During the Notice Period -
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) Department of
Social Security Employment Separation Certificate - The employer shall, upon
receipt of a request from an employee whose employment has been terminated,
provide to the employee an "Employment Separation Certificate" in the
form required by the Department of Social Security.
(h) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) above, 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.
(v) Severance
Pay -
(a) Where an
employee is to be terminated pursuant to subclause (iv) above, subject to
further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Under 45 Years of Age
|
Years of Service Age Entitlement
|
|
|
Less than 1 year…………………………………...
|
Nil
|
1 year and less than 2 years……………………….
|
4 weeks
|
2 years and less than 3 years………………………
|
7 weeks
|
3 years and less than 4 years………………………
|
10 weeks
|
4 years and less than 5 years………………………
|
12 weeks
|
5 years and less than 6 years………………………
|
14 weeks
|
6 years and over…………………………………...
|
16 weeks
|
|
|
|
(2) Where an
employee is 45 years 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
|
|
|
|
(3) "Weeks
Pay" means the all purpose rate of pay for the employee concerned at the
date of termination, and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances provided for in the relevant
award.
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) above.
The Industrial Relations 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 (i) above will have on the employer.
(c) 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 paragraph (a) above if the
employer obtains acceptable alternative employment for an employee.
(vi) Savings clause
- Nothing in this award shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy arrangement, taken as a whole,
between the union and any employer bound by this award.
37. Long Service
Leave
See Long Service Leave
Act 1955.
38. Workplace
Consultation
The development of effective participative/consultative
practices is important in the process of Award Restructuring and can lead to
advantages for both employers and employees.
It is therefore recommended that participative/consultative mechanisms
at the enterprise level be implemented.
(i) Consultative
Mechanisms/Practices shall be implemented within each enterprise where
agreement exists between employers and employees.
(ii) The form,
structure and method of implementing Consultative Mechanisms/Practices shall be
determined at the enterprise level through negotiation between the employer,
employees and, where either party deems it appropriate, the Union. The Union shall where involved be
represented in the consultative process by shop stewards.
(iii) The Union
agrees that at enterprises where Consultative Mechanisms/Practices are in place
the parties may, by agreement, vary the application of designated Award
conditions referred to in this Award.
The Union shall be party to the ratification of any agreement but shall
not unreasonably withhold such agreement where the employees genuinely agree.
(iv) Where an
enterprise does not have in place agreed consultative Mechanisms/Practices
current Award provisions will apply unless otherwise varied in accordance with
the Award Modernisation provisions of clause 6, Undertakings.
(v) The Union
reserves the right to advise its members as it deems appropriate on Award issue
under discussion.
The process of consultative practices is a mechanism through
which employees can be involved in and positively contribute towards
management’s decision making process.
All decisions are encouraged to be reached through Consultative
Mechanism/Practices however, managerial prerogative is acknowledged.
In circumstances where agreement cannot be reached, parties
can exercise their rights pursuant to the Disputes Procedure.
39. Enterprise
Arrangements
(1)
(a) As part of the
Structural Efficiency exercise and as an ongoing process for improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award/agreement to the extent that they are contrary provided that:
(i) A majority of
employees affected genuinely agree;
(ii) Such
agreement is consistent with the current State Wage Case principles.
(c)
(i) Before any
arrangement requiring variation to the award is signed and processed in
accordance with subclause (2), details of such arrangements shall be forwarded
in writing to the union or unions with members in that enterprise affected by
the changes and the employer association, if any, of which the employer is a
member. A union or an employer
association may within 14 days thereof, notify the employer in writing of any
objection to the proposed arrangements, including the reasons for such
objections.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Procedures to be followed -
(2) Such
enterprise arrangements shall be processed as follows:
(a) All employees
will be provided with the current prescriptions (e.g. award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(b)
(i) Where an
arrangement is agreed between the employer and the employees, or their
authorised representative at the enterprise, such arrangement shall be
committed to writing.
Where the arrangement is agreed between the employer
and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(ii) The
authorised representative of employees at an enterprise may include a delegate,
organiser or official of the relevant union if requested to be involved by the
majority of employees at the establishment.
(c) The
arrangement shall be signed by the employer, or the employer's duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(d) Where an
arrangement is objected to in accordance with subparagraph (i) of paragraph (c)
of subclause (1), and the objection is not resolved, an employer may make
application to the Industrial Relations Commission of New South Wales to vary
the award to give effect to the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission of New South Wales to have the arrangement
approved and the award varied in the manner specified in paragraph (g).
Such applications are to be processed in accordance
with the appropriate State Wage Case principles.
(g) Where an
arrangement is approved by the Industrial Relations Commission of New South
Wales and the arrangement is contrary to any provisions of the award, then the
name of the enterprise to which the arrangement applies, the date of operation
of the arrangement, the award provisions from which the said enterprise is
exempt, and the alternative provisions which are to apply in lieu of such award
provisions (or reference to such alternative provisions), shall be set out in a
schedule to the award.
(h) Such
arrangement, when approved, shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as a result of any award changes
made as part of the implementation of the arrangement.
40.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal Jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth Anti-Discrimination Legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects.....any other Act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
41. Superannuation
(a) Definitions
-
(i) "Fund". In this clause all reference to
"Fund" shall mean the Milling and Associated Industries
Superannuation Fund (the MAIS Fund) at sites providing Occupational
Superannuation prior to 1 July 1991; or, the Labour Union Co-operative
Retirement Fund (LUCRF) at sites introducing Occupational Superannuation on or
after 1 July 1991.
(ii) "Ordinary
Time Earnings". In this clause the
term "Ordinary Time Earnings" shall mean the Award classification
rate including supplementary payments where relevant, over-award payments and
shiftwork loadings.
(iii) "Approved
Superannuation Scheme". For the
purpose of this clause, "Approved Superannuation Scheme", means a
scheme approved in accordance with the Commonwealth Operational Standards for
Occupational Superannuation Funds.
(b) Employer
Contributions -
(i) In addition
to other payments provided for under this Award, the employer shall make a
superannuation contribution to the Fund on behalf of eligible employees, of an
amount equivalent to 3% of the employee's ordinary time earnings.
(ii) Payment shall
be made on a monthly basis and cover pay periods completed in that time.
(iii) The majority
of employees in an establishment will determine the appropriate fund for that
establishment prior to 1 July 1991 after which time the LUCRF shall be the only
fund.
(c) Eligibility
-
(i) Employers
shall only be required to make contributions in accordance with this clause in
respect of employees who have been employed by the employer continuously for a
period of three months.
(ii) Contributions
for casual employees will be made at the end of each calendar month, calculated
at 3% of all earnings during the month.
Provided that if a casual employee's hours are less than 12.5 hours in
any week, the employer shall not be required to make any contribution.
(iii) Employees who
become eligible to join the Fund shall, in addition to contributions under
sub-clause (b) hereof be entitled to a once only contribution by the employer
to the Fund, in respect of the qualifying period. Such contributions shall be equivalent to contributions under
sub-clause (b) hereof.
(d) Employer's
Contribution During Leave Without Pay - Where any employee is absent on leave
without pay, whether or not such leave is approved, no contribution from the
employer shall be due in respect of that employee during and in respect of the
period of unpaid absence.
(e) Employee
Contributions -
(i) Employees who
wish to make contributions to the Fund additional to those being paid by the
employer, pursuant to subclause (b) hereof shall be entitled to authorised the
employer to pay into the Fund from the employee's wages amounts specified by
the employee.
(ii) Employee
contributions to the fund requested under this sub-clause shall be made in
accordance with the rules of the Fund.
(f) Cessation of
Contributions - The obligation of the employer to contribute to the Fund in
respect of an employee shall cease on the last day of such employee's
employment with the employer.
(g) Employee's
Failure To Participate In Fund - Where an employee has failed to make
application to participate in the Fund, the employer shall make application to
participate in the Fund and upon acceptance by the Trustees shall make a once
only contribution to the Fund in respect of each eligible employee equivalent
to the contributions which would have been payable under this clause, had the
employee made application to participate in the Fund and had been accepted by
the Trustees prior to 1 July 1991.
(h) Fund
Membership -
(i) An employer
shall, within fourteen days of an employee becoming eligible for contributions
as described in subclause (c) hereof, inform each eligible employee of the
availability of superannuation entitlements, and offer such employee the
opportunity to join the Fund.
(ii) Such offer
shall be made in writing by the employer, and shall, if not accepted, be
rejected in writing by the employee.
Contributions by the employer shall only begin from the date when the
employee applied to join the Fund.
(iii) Where an
employee after being made aware of the superannuation entitlement by the
employer refuses to become a member of the Fund the employer shall not make
application in accordance with subclause (c) hereof.
(i) Exclusions
(i) Any employer
making a 3% contribution (or more) to an approved superannuation scheme for
employees under this Award prior to 1 August 1991 is automatically excluded
from the provisions in this clause.
(ii) Other than as
provided in paragraph (i) hereof, no respondent shall be excluded from the
operation of this clause on the basis of existing voluntary superannuation
arrangements.
(j) Standards of
Proof - Where doubt exists as to whether contributions were made in accordance
with sub-clause (i) prior to 1 August 1991 the provisions of the Statutory
Declaration by the employer shall be deemed as prima facie evidence of the date
of operation of the contributions.
(k) Exemption - An
individual employer, other than an employer covered by sub-clause (i), may make
application to the Industrial Relations Commission of New South Wales for
exemption from the requirement to pay contributions to the Fund pursuant to
this clause.
The Commission may grant such an exemption having regard to
the following procedures and circumstances:-
(i) Provided that
leave is reserved to any employer to apply for exemption from this clause on
the grounds of the standards of existing arrangements provided by the employer
as at 1 July 1991 or the employer's financial capacity to pay.
(ii) It is further
provided that in circumstances where the union is concerned about a fund
established on or after the commencement date of this clause, it may challenge
the suitability of that fund within six months of the date of operation of this
clause before the Commission. In the
event of dispute between the parties in the application of this exemption
clause, the matter shall be referred to the Commission for resolution. During the period required to obtain such a
resolution, work shall continue as normal.
(NOTATION: Employees
covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act 1992
(Cth.) and the Superannuation Guarantee
(Administration) Act 1992 (Cth.) and complimentary legislation. Nothing in this notation, however, shall be
used to reduce any benefits enjoyed by employees as at the date of making this
award.)
42. Area, Incidence
and Duration
(a) This Award
shall apply to all persons engaged or employed (in the manufacture from linseed
cake, linseed meal or other substances of food or licks for cattle, dogs,
poultry, and other animals and/or in the crushing, grinding, preparing or
handling of such food or licks in the State excluding the County of Yancowinna)
within the jurisdiction of the Animal Feed Manufacturing (State) Industrial
Committee.
(b) This award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Animal
Food Makers, &c. (State) Award published 12 November 1999 (312 I.G. 29) and
all variations thereof.
(c) The award
published 12 November 1999 took effect from the beginning of the first pay
period to commence on or after 27 April 1998 and the variations incorporated
therein on the dates set out in the attached Schedule A.
(d) The changes
made to the Award pursuant to the Award Review pursuant to Section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) are
set out in the attached Schedule B and take effect on 13 February 2001.
(e) This Award
remains in force until varied or rescinded, the period for which it was made
being already expired.
SCHEDULE A
Awards and Variations Incorporated
Clause
|
Award/
Variation
Serial No.
|
Date of
Publication
|
Date of taking
Effect
|
Industrial
Gazette
|
|
|
|
|
Vol.
|
Page
|
Award
|
B6531
|
12 November 1999
|
First Pay Period From:
27 April 1998
|
312
|
29
|
4, Appendix 1,
Appendix 2
|
B6882
|
25 June 1999
|
First Pay Period From:
2 October 1998
|
309
|
943
|
4, Appendix 1,
Appendix 2
|
B8533
|
20 April 2000
|
First Pay Period From:
2 October 1999
|
315
|
11
|
SCHEDULE B
Changes Made on Review
Date of Effect: 13 February 2001
(1) Provisions Modified
ANIMAL FOOD MAKERS &c. (STATE) AWARD
CLAUSE
|
Previous Form of
Clause
Last Published at:
|
|
I.G. Vol.
|
Page
|
AWARD: Animal Food
Makers &c. (State) Award
|
|
|
2
|
312
|
29
|
3
|
312
|
29
|
4
|
315
|
11
|
5
|
312
|
29
|
6
|
312
|
29
|
7
|
312
|
29
|
8
|
312
|
29
|
9
|
312
|
29
|
10
|
312
|
29
|
11
|
312
|
29
|
12
|
312
|
29
|
13
|
312
|
29
|
14
|
312
|
29
|
15
|
312
|
29
|
16
|
312
|
29
|
17
|
312
|
29
|
18
|
312
|
29
|
19
|
312
|
29
|
20
|
312
|
29
|
21
|
312
|
29
|
22
|
312
|
29
|
23
|
312
|
29
|
24
|
312
|
29
|
25
|
312
|
29
|
26
|
312
|
29
|
27
|
312
|
29
|
28
|
312
|
29
|
29
|
312
|
29
|
30
|
312
|
29
|
31
|
312
|
29
|
32
|
312
|
29
|
33
|
312
|
29
|
34
|
312
|
29
|
35
|
312
|
29
|
36
|
312
|
29
|
37
|
312
|
29
|
38
|
312
|
29
|
39
|
312
|
29
|
40
|
312
|
29
|
41
|
312
|
29
|
42
|
312
|
29
|
Appendix 1
|
315
|
11
|
Appendix 2
|
315
|
11
|
Appendix 3
|
312
|
29
|
Appendix 4
|
312
|
29
|
(2) Provisions Removed
AWARD
|
CLAUSE
|
PREVIOUS FORM OF
CLAUSE
LAST PUBLISHED AT:
|
|
|
I.G. VOL.
|
PAGE
|
Animal Food Makers &c. (State) Award
|
6
|
312
|
29
|
APPENDIX 1 - MINIMUM AWARD WAGE RATES
ADULT WEEKLY RATES (CLAUSE 5)
A. 1. FEED MILLER IN CHARGE OF SHIFT
Table 1
|
Former Award Wage
Rate
|
Minimum Award Wage
Rate
|
Feed Miller in
Charge
|
Per Week
|
Per Week
|
of Shift
|
$
|
$
|
|
2 October 1999
|
2 October 2000
|
1. Not
exceeding 2 tonnes of
|
|
|
provender
per hour
|
432.60
|
447.60
|
2. Exceeding
2 tonnes but not
|
|
|
exceeding
6 tonnes of provender
|
|
|
per hour
|
439.10
|
454.10
|
3. Exceeding
6 tonnes but not
|
|
|
exceeding
12 tonnes of provender
|
|
|
per hour
|
445.90
|
460.90
|
4. Exceeding
12 tonnes but not
|
|
|
exceeding
18 tonnes of provender
|
|
|
per hour
|
452.50
|
467.50
|
5. Exceeding
18 tonnes but not
|
|
|
exceeding
28 tonnes of provender
|
|
|
per hour
|
460.50
|
475.50
|
6. Exceeding
28 tonnes but not
|
|
|
exceeding
40 tonnes of provender
|
|
|
per hour
|
468.50
|
483.50
|
7. Exceeding
40 tonnes but not
|
|
|
exceeding
60 tonnes of provender
|
|
|
per hour
|
477.00
|
492.00
|
8. Exceeding
60 tonnes of
|
|
|
provender
per hour
|
486.00
|
501.00
|
2. Foreman Feed
Miller - Shall be paid not less than $27.40 per week above the relevant rate
prescribed by classification 1 hereof.
3. Feed Mill
Operative
Table 2
Feed Mill Operative
|
Former Award Wage
Rate
(Per Week)
$
2 October 1999
|
Minimum Award Wage
Rate
(Per Week)
$
2 October 2000
|
Grade 5
|
408.40
|
423.40
|
Grade 4
|
414.20
|
429.20
|
Grade 3
|
420.90
|
435.90
|
Grade 2
|
427.60
|
442.60
|
Grade 1
|
434.10
|
449.10
|
Premix Blender
|
420.90
|
435.90
|
B. GENERAL
Table 3
|
Former Award
|
Minimum Award
|
General
|
Wage Rate
|
Wage Rate
|
|
(Per Week)
|
(Per Week)
|
|
June 1999 SWC
|
May 2000 SWC
|
|
$
|
$
|
|
2 October 1999
|
2 October 2000
|
1. Millwright
|
449.00
|
464.00
|
2. General Repairer not Millwright
|
|
|
|
418.90
|
433.90
|
3. Head Millwright
|
466.60
|
481.60
|
4. Binsman
|
414.20
|
429.20
|
5. Grain Sampler
|
401.10
|
416.10
|
6. Head Storeperson
|
425.00
|
440.00
|
7. Storeperson/Storehand / Siloperson
|
395.40
|
410.40
|
8. Packerman/Packer/Stacker
|
403.30
|
418.30
|
9. Head Siloperson/Head Intake
|
410.00
|
425.00
|
10. Head
Millhand
|
410.00
|
425.00
|
11. Millhand
|
386.00
|
401.00
|
12. (i) Driver of
engines, whether the motive
|
|
|
be steam
or any other motive power
|
|
|
other
than manual power:
|
|
|
|
425.60
|
440.60
|
(b) Without
condenser
|
415.60
|
430.60
|
|
|
|
(ii) Driver of
suction gas or other internal
|
|
|
combustion
engines:
|
|
|
(a) If
50 b.h.p. or over
|
415.60
|
430.60
|
(b) If
under 50 b.h.p.
|
406.60
|
421.60
|
|
|
|
(iii) Driver of
engines attending electric
|
|
|
generator
or dynamo other than a
|
|
|
dynamo
for merely lighting the
|
|
|
works
shall receive an additional
|
|
|
$12.43
per week
|
|
|
13. Fireman/Boiler
Attendant
|
394.20
|
409.20
|
14. Forklift
Truck Driver and/or Tractor
|
|
|
Driver
|
406.60
|
421.60
|
15. Laboratory
Assistant
|
417.30
|
432.30
|
16. All other
Adult Employees
|
375.20
|
400.40
|
|
|
|
|
Casual Rates - (clause 3) - Casual employees shall be paid
an hourly rate equal to one thirty eighth of the relevant weekly rate plus 20%
with a minimum payment on any day as for four hours worked.
(NOTATION: The New
South Wales Annual Holidays Act
provides that casual employees under this award are entitled to receive an
additional amount equal to one-twelfth of their ordinary time earnings in lieu
of annual leave).
Junior Rates (clause 7) -
(a) Junior
Employee (Other Than Laboratory Assistants)
(i) The minimum
rates of pay shall be as follows:-
Age in Years
|
Percentage of
weekly rates prescribed for adult storeperson/storehand
%
|
At 16 years of age
|
60
|
At 17 years of age
|
80
|
Thereafter
|
100
|
(ii) No junior
under the age of 16 years shall be employed in a mill.
(iii) No junior
male under the age of 18 years shall be employed as a packerman/packer except
as an assistant and he shall then not be required to pack more than 1,100
kilograms of mill products per hour; provided that any such junior may relieve
a packerman/packer at meal times.
(b) Junior
Laboratory Assistants:
Age in Years
|
Percentage of
weekly rates prescribed for Laboratory Assistant
%
|
At 17 years of age or under
|
50
|
At 18 years of age
|
60
|
At 19 years of age
|
70
|
At 20 years of age
|
90
|
(c) The rates
prescribed by sub-clauses (a) and (b) of this clause shall be calculated to the
nearest 5 cents per week, any broken part of 5 cents in the result not
exceeding 2.5 cents to be disregarded.
Appendix 2 - Special Rates (Clause 9)
(a) Dusty
Conditions, etc. - Employees whose duties require them to work in dusty
conditions and/or in the handling, carrying or tipping of offensive materials
(other than by mechanical means) shall be paid an allowance of $1.68 per day.
(b) Unusually and
Excessively Dirty or Dusty Conditions - Where the manager and representative of
the Association agree that the work being performed is unusually and
excessively dirty or dusty an allowance of 37 cents per hour shall be paid.
(c) Handling
Grain -
(i) Employees
engaged in discharging bulk grain from trucks to hoppers or in handling bulk
grain in bins, silos, or tunnels or in shooting bagged grain to silos, bins
and/or hoppers shall be paid an extra rate of 72 cents per hour or part of an
hour in addition to their ordinary or overtime rates for the time so engaged.
(ii) Employees
working adjacent to men discharging bulk grain to hoppers where dust is
prevalent shall be paid an extra rate of 42 cents per hour or part of an hour
for the time so engaged. The question
as to the existence of dust shall be determined by agreement between the mill
manager and the representative of the Association at each mill.
(d) Carrying
Bagged Products - Weekly and casual employees engaged in carrying bagged
products weighting in excess of 70 kilograms shall be paid 27 cents per hour
during ordinary hours in addition to the weekly or casual rates prescribed
elsewhere in this Award.
(e) Bag Cleaning -
Employees engaged in cleaning bags other than by machine shall be paid an extra
rate of $2.87 per day or part of a day in addition to their ordinary or
overtime rate for the time so engaged.
(f) Containers -
Employees whilst stacking mill products shall be paid an allowance of 45 cents
per hour or part of an hour for the time so engaged.
(g) Boiler
Attendant Certificate - Where an employee (other than an employee classified as
a fireman/boiler attendant) holds a boiler attendant's certificate he shall be
paid an additional amount of $7.17 per week for any week during which he is
required by the employer to act on such certificate; such amount shall not be
subject to any premium or penalty additions nor shall it be payable in addition
to any amount payable to the worker whilst he is on annual leave.
(h) Boiler Cleaner
- Any person engaged inside the gas or water space of any boiler, flue or
economiser in cleaning or scraping work shall, whilst so engaged, be paid $1.12
per hour in addition to his ordinary or overtime rate of pay.
(i) Silo and Bin
Cleaner - Any person engaged inside the space of any bin or silo in cleaning
work shall whilst so engaged, be paid 75 cents per hour in addition to his
ordinary or overtime rate of pay.
NOTE: It is agreed
between the parties that a site where the dust allowances prescribed by
subclause (a), Dusty Conditions etc., are paid to the employees at the site as
a form of over-award payments, such dust allowance will be absorbed into
Supplementary Payments increases along with other overaward payments at the
time of the insertion of Minimum Rates Adjustments.
(j) Sunday and
Holiday Rates (clause 10) - In addition to the crib time allowed in accordance
with subclause (g) of this clause, the employee shall be paid a meal allowance
of $5.20.
(k) Meal Hours
(See clause 13, Hours - Shiftwork) - Employees employed in mills running two
shifts shall be allowed 30 minutes for meals during each shift and no time
shall be deducted for such meals except where a meal relief is granted on day
shifts and the employees concerned are paid an additional $1.77 and in such
cases not less than 30 minutes nor more than one hour shall be allowed for
meals which shall not be counted as time worked.
(l) First-aid
Attendant (clause 26)
First-aid Attendants
|
$7.17 per week
|
(m) Supply Of
Overalls, Tools, Etc (clause 28)
Clothing Allowance
|
$1.93
per week
|
Tool Allowance
|
$7.67
per week
|
Handling Pesticides
|
36 ¢ per
hour
|
(n) Travelling
(clause 15)
Travelling allowance is 56 cents per kilometre.
(o) Fire officer
(clause 27) - A properly trained fire officer shall receive an allowance of
$6.55 per week.
(p) Shift Work -
(i) Afternoon
Shift - $16.83 per shift;
(ii) Rotating
Night Shifts - $20.97 per shift;
(iii) Change of
Shift - $14.36 per shift.
(q) Meal
Allowance - $5.20 per meal
4. This order
shall take effect from the first pay period commencing on or after 2nd October,
2000.
Appendix 3
Introduction - An
important part of the agreement between the parties to the award for the
introduction of a 38-hour week is the establishment of procedures for in-plant
discussions.
These procedures must be drawn up so as to be adapted to the
particular circumstances of the business concerned. In other words, the manner in which the procedures are applied
may vary from plant to plant.
Objectives of In-Plant Discussions -
There are two main objectives of the in-plant
discussions. These are:
(i) To agree on
the method of implementing the 38-hour week.
(ii) To review
objectively current practices to establish where improvements can be made and
implemented.
Implementation of 38-Hour Week -
(a) Alternative
Methods of Implementation - It is necessary that in each plant, an assessment
should be made as to which method of implementation best suits the business.
There are various methods of implementing the 38-hour
week which are open to the employer.
Five possible methods are:
• shorter hours
each working day;
• shorter hours
on one day per week;
• one day off
in each four-week cycle - this day to be a common day for all employees;
• one day off
in each four-week cycle - this day to be rostered;
• the
employees' days off be accumulated and taken in one or a number of continuous
periods.
(b) Discussions
In-Plant - Having determined which method of implementation best suits the
business, the employer should discuss the proposal with the employees concerned
as soon as possible.
(c) Failure To
Agree - Should agreement not be reached then the following procedure for
resolving the difference between the parties shall be followed:
(1) That the
matter be referred to a State Committee consisting of representatives of the
State Branch of the Union and the State Employers Committee;
(2) That should
the matter not be resolved at a State level the matter be referred to as a
member of the Industrial Relations Commission of New South Wales.
(d) Proceed
Without Delay - It is suggested that companies make their arrangements as to
which method of implementation best suits their business without delay. As soon as this is done discussions should
commence in-plant, the objective being to reach agreement prior to the
Industrial Relations Commission of New South Wales hearing. This will allow accurate information to be
presented before the Industrial Relations Commission of New South Wales.
(e) Factors To Be
Considered - There are many factors which should be taken into account when
determining which method of implementation best suits the business.
In making an assessment as to which method of
implementation best suits the business the following factors should be taken
into account:
(i) The nature of
the business and how best to avoid impairing service to your customers;
(ii) The effect of
any new arrangement on production and efficiency having regard, at all times, to
cost factors;
(iii) How best to
utilise capital equipment, keeping in mind new equipment and technologies which
may be introduced in the future;
(iv) The effect of
any new arrangements may have on your suppliers;
(v) The well being
of your employees, including transport facilities if start and finish times
change;
(vi) Where overtime
work is necessary, when should overtime best be carried out and how may
unnecessary overtime be avoided;
(vii) What other
awards apply in the plant and whether any new arrangements will create
disharmony with employees covered by other awards or with award-free employees;
(viii) What changes
will be necessary in supervisory arrangements, and in other activities of the
plant including the laboratory, engineering, clerical and administrative
services;
(ix) What should
the roster systems be in the case of shift workers and if employees are to take
a day off;
(x) If the system
preferred is that employees take a day off during a work cycle can overheads be
reduced and other cost savings achieved if the plant is shut for the day or is
it preferable to keep the plant running on each day by arranging for employees
to take their day off on a roster basis.
Obviously, there will be many factors each company
should consider before deciding on the best method of implementing the 38-hour
week.
(f) Consulting
Employees - Companies should also consider the arrangements which will be
necessary to discuss the proposals with the employees concerned. In many cases it will not be possible to
involve directly all employees in these discussions.
In such circumstances companies should consider
consulting with a small group of employees who are to represent the interests
of all employees. these representatives
may be the elected shop stewards or elected or selected employees from various
parts of the plant and covering a cross-section of occupations.
All employees should be informed of the method of
implementation favoured by the employer, the factors which have been taken into
account and the reasons why one method of implementation of the 38-hour week is
preferred to another.
Each employee should be given the opportunity to
express his views either directly to the employer or to the employees
representing him. Where there is a
division of opinion amongst the employees it may be appropriate to arrange for
a vote so that the view of the majority of employees concerned may be
determined.
(g) Communication
- Once agreement has been reached on the method of implementation, all
employees should be provided with the details.
This may be done by a notice given to each employee and/or by the
details being posted on the notice board.
Companies may also choose to speak to employees affected either
individually or collectively.
Where necessary, steps should be taken to avoid any
misunderstandings because of language difficulties.
The method of implementation to apply should be
explained in a clear and simple way.
don't leave out of your explanation any matters which may affect the
employees concerned. For example,
explain carefully;
the times when employees are to start and finish work,
when days off are to be taken (where this method is adopted), proposed rosters
and the like;
the method by which wages are to be paid;
all other relevant matters;
Establish a mechanism to provide the opportunity for
queries to be raised and answered.
(h) Trial Basis -
It is suggested that the method of implementation decided upon be introduced on
a trial basis. If this is the case, the
employees should be made aware of this fact and advised that should the method
of implementation decided on be unsuccessful then further discussions will be
sought to see how improvements can be made or an alternative system
adopted. This will entail monitoring
the scheme and employees should be kept informed of its success of any problems
being encountered.
Review of Current Practices -
(a) Minimising
Costs - A most important aspect of the introduction of a 38-hour week is the
additional labour costs involved.
One of the objectives of in-plant discussions should be
to review objectively current practices to establish where improvements can be
made and implemented. In other words,
the procedures for in-plant discussions should provide a mechanism whereby the
cost of introducing a 38-hour week can be kept to a minimum by varying work
practices, removing restrictions which may have applied and by other changes
where improvements can be made and implemented.
Companies should enter into in-plant discussions with
this objective in mind. Wherever
possible, the discussions should be completed within the earlier mentioned time
frame but should this not be achieved, the discussions should continue after
that date.
(b) Approach To Be
Adopted - Provisions have not previously been included in the award to
facilitate in-plant discussions. Whilst
this has been the practice in some companies, in may cases discussions of this
nature will be undertaken for the first time as a result of this aspect of the
introduction of the shorter working week.
Companies should adopt a balanced and realistic
approach in the discussions and employees should be encouraged to enter into
the discussions in the same way.
(c) Preparation
For Discussions - Companies should prepare for the discussions as thoroughly as
possible, preparation should commence immediately.
Each company should make an assessment of the issues it
will seek to discuss with the employees.
Supervisory staff should be consulted and a list of issues drawn
up. Each matter should be considered
carefully before being raised with the employees and a priority allotted to
them.
The company should carefully select its representatives
to put the company's point of view in the discussions. The company representative should understand
full the reason why a matter is to be raised, the nature and extent of the
change which will be sought and the extent of any cost savings or improved
efficiencies which may result.
(d) Subject
Matters for Discussion - A list of subject matters which may be relevant for discussion
in-plant is set out below, but it should be noted that it is not intended as an
exhaustive list nor may it be appropriate in a particular company to raise all
of the issues listed. The list is
intended as a guide only and remember, the employees too may have issues they
wish to raise.
The subject matters to be discussed in-plant may
include -
(i) Start/finish
times:
• morning and
afternoon teas;
• location of
bundy clocks;
• warning
whistles;
• washing/walking
time
• absenteeism;
• role of supervision
(ii) Work
practices:
• work rates;
• machine
speeds and feeds;
• meal break
rosters;
• operation of
machines during meal breaks;
• new plant and
equipment;
• measurement.
(iii) Restrictive
practices
• work
limitations;
• lifting of
overtime restrictions;
• call backs.
(iv) Manning, demarcation and allocation of
labour:
• manning of
machines;
• use of
apprentices;
• better
utilisation of skills;
• minor repairs
and maintenance procedures.
(v) Improvements
in industrial relations and dispute settlement procedures
(vi) Other matters,
e.g., payment of wages by cheque.
(e) Consulting
Employees - The manner in which in-plant discussions are to proceed and who
should represent the employees also requires careful consideration.
It is suggested that the representatives of the
employees with whom the implementation of the 38-hour week is discussed may
also represent the employees in discussions concerning work practices.
Wherever possible both aspects, namely the
implementation of the 38-hour week and proposed changes in current practices,
should be discussed at the same time.
However, it may be appropriate to continue the in-plant
discussions even though agreement has been reached on the method of
implementation of the 38-hour week.
This should be arranged wherever necessary. The timetable for the discussions is a matter to be decided in
each company.
(f) Recording
Understandings Reached - It is important that once an agreement is reached on
all or some of the matters discussed a record should be prepared and copies
made available to representatives of both the company and the employees.
In this way a company will be sure that all agreements
and understandings can be conveyed accurately to the employees concerned and
the record will be accurate for future reference.
Just as communications with employees are an important
part of the procedure for the implementation of the 38-hour week they are
equally important with respect to changes in current practices which may be
agreed.
(g) Monitoring of
Agreements - It is important to establish procedures in-plant to monitor any
agreements or understandings reached in the discussions. Representatives of the company and the
employees should meet at appropriate intervals for this purpose.
Recalculation of Sick Leave Credits - 38-Hour Week -
The 38-hour week results in changes to the hourly equivalent of sick leave
entitlements under the award. The
changes are as follows:
1st year of service
|
5 days = 40 hours change to 5 days = 38 hours.
|
|
|
2nd and subsequent years
|
8 days - 64 hours change to 8 days - 60.8 hours.
|
These changes require recalculation of each employee's
sick leave entitlements to ensure that an employee's sick leave is neither
increased nor decreased as a consequence of the introduction of the 38-hour
week.
Recalculation
procedure:
Recalculation shall be made as at the commencement of each
employee's current sick leave year.
The procedure is to reduce all sick leave entitlements (both
accumulated untaken sick leave credits and the current year's entitlements) by
3 minutes for each hour of sick leave.
This will give the equivalent of the employee's sick leave entitlement
as at the beginning of his sick leave year on the basis of a 38-hour week.
If the employee has been paid for any sick leave since the
commencement of his current sick leave year, the newly calculated figure should
be reduced by 57 minutes for each hour of sick leave granted.
This "recalculation procedure" will give the
employee's current sick leave entitlement based on a 38-hour week and is then
to be applied for all purposes of the sick leave clause.
Appendix 4 - Disciplinary Procedure
Where it is agreed at a site that a disciplinary procedure
should be adopted, it shall be introduced on the following basis (unless a
contrary agreement already in existence is preferred by the parties) -
OUTLINE FOR A DISCIPLINARY PROCEDURE - RELATING TO POOR WORK
PERFORMANCE OR UNSATISFACTORY CONDUCT
Without limiting the scope of application of this procedure
"poor work performance or unsatisfactory conduct" could include the
following -
• unacceptable
work quality;
• unsafe work
practices;
• wilfully
failing to abide by reasonable and lawful directions;
• excessive
absenteeism.
Where it is alleged an employee's work performance or
conduct is of a poor or unsatisfactory standard the following procedure may be
adopted -
(1) Interview
Process: An interview of the employee
should be conducted by the employer or the employer's representative. It is appropriate for another member of management
to be present as well as the Shop Steward or his/her representative (if the
employee is a member of the Union) or other nominated or responsible employee
acceptable to the employee being disciplined.
At the time of the interview the employee should be informed of the
nature of the problem and be given the opportunity to explain his/her actions.
If the problem is not work related, efforts should be
made to provide appropriate professional counselling or other outside
assistance, where available.
If the problem is work related, it is suggested that
certain details of the interview should be recorded, such as -
1. Nature of
alleged poor work performance or unsatisfactory conduct and the specific
details.
2. Date/s of
alleged poor work performance or unsatisfactory conduct.
3. Date and time
of the interview.
4. Signature of
the parties present at the interview.
A copy of this record should be supplied to the
employee concerned.
(2) Discipline: If the warning resulting from the initial
interview is unsuccessful, a further interview similarly constituted should
then take place.
At that time management should produce further evidence
of the continued poor work performance or unsatisfactory conduct and the
employee should be given the opportunity to explain his/her continued poor work
performance or unsatisfactory conduct.
If the explanation is deemed unsatisfactory, management
may take disciplinary steps in relation to the employee.
Such disciplinary action may result in dismissal;
however, in some circumstances it would be appropriate that a further warning
be given.
However, in some less serious situations appropriate
disciplinary measures may include -
• relocation in
the workplace;
• reclassification
to a lower grade of work;
• restriction
of privileges;
• admonishments
recorded on the employee's personal file.
These forms of disciplinary measures may be either
permanent or of a temporary nature, in which case previous entitlements may
then be restored provided the employee's work performance or conduct has
improved in the intervening period.
The employee may nonetheless be dismissed in any of
these alternative disciplinary measures are found not to be a satisfactory
solution.
(3) Dismissal -
(a) Dismissal
Following Disciplinary Procedure - The employee should be notified in writing
of impending dismissal and the reasons for same. The Shop Steward (or their representative) should be notified as
soon as practicable if this course of action is to be taken.
(b) Instant
Dismissal - The above procedure dealing with poor work performance or
unsatisfactory conduct are not intended to interfere with the operation of
Clause 3, Conditions of Employment, which recognises the right of the employer
to dismiss any employee without notice for serious and wilful misconduct that
justifies instant dismissal.
In such circumstances the following procedure should be
followed -
(i) An
investigation should be conducted to establish the facts.
(ii) The employee
shall be interviewed in the presence of another member of management and be
informed of the alleged misconduct.
(iii) The employee
shall be given the opportunity to explain or refute the alleged misconduct.
I. TABBAA, Commissioner.
ANIMAL
FOOD MAKERS &c. (STATE) AWARD
ANIMAL
FEED MANUFACTURE (STATE)
INDUSTRIAL
COMMITTEE
INDUSTRIES
AND CALLINGS
All
persons employed in the manufacture of feeds and licks for animals and/or in
the crushing, grinding, preparation and/or handling thereof in the State,
excluding the County of Yancowinna;
excepting -
Engine
drivers, firemen, greasers, trimmers, cleaners and pumpers engaged in and about
the driving of engines;
and excepting
also -
employees
within the jurisdiction of the following Industrial Committees:
Domestic
Pet Feed Manufacture (State);
Starch
and condiment Makers, &c. (State).
____________________
Printed by the authority of the Industrial Registrar.