BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(709)

SERIAL C0094

STARCH MANUFACTURERS, &c. (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC5849 of 1999)

Before The Honourable Justice Marks

20 February 2001

REVIEWED AWARD

Arrangement

PART A

Clause No. Subject Matter

1. Title

2. Rates of Pay

3. Undertakings

4. Definitions

5. Annual Leave

6. Bereavement Leave

7. Conditions of Employment

8. Disciplinary Procedure

9. Disputes Procedure

10. First-aid Attendant

11. Hours - Shift Work

12. Hours of Duty

13. Jury Service

14. Long Service Leave

15. Mixed Functions

16. Overtime

17. Payment of Wages

18. Proportion of Juniors

19. Sick Leave

20. Personal/Carer’s Leave

21. Sunday and Holiday Rates

22. Supply of Safety Footwear and Uniforms

23. Right of Entry

24. Workplace Consultation

25. Redundancy

26. Anti-Discrimination

27. Superannuation

28. Area, Incidence and Duration

Schedule A - Awards and Variations Incorporated

Schedule B - Changes made on Review

Appendix 1 - Wage Rates

Appendix 2 - Other Rates and Allowances

PART A

1. Title

This Award shall be known as the Starch Manufacturers &c. (State) Award.

2. Rates of Pay

(i) Division I- Wheaten Starch:

(a) Adults - for current minimum rates of pay, see Appendix 1.

(b) Juniors - For current minimum rates of pay, see Appendix 1.

Where juniors are required to perform work ordinarily done by adults such juniors shall receive the rate fixed for adults according to the class of work performed.

(ii) Division II - Starch (Other than Wheaten Starch):

(a) Adults - For current minimum rates of pay, see Appendix 1.

(b) Juniors - For current minimum rates of pay, see Appendix 1.

(iii) Leading Hands: An employee appointed by their employer to supervise the work of not less than three other employees shall be paid the additional amount set out in Item 1 of Appendix 2 in addition to the rates prescribed for the class of work performed by such employee.

(iv) The rates of pay in this award include the first, second and third arbitrated safety net adjustments ($8.00 per week each 21st February 1994, 13th April 1995, 27th April 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.

(v) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

(a) any equivalent overaward payment; and/or

(b) award wage increases since 29 May 1991 other than Safety Net, State Wage case, and minimum rates adjustments.

3. Undertakings

(a) Flexibility -

(i) Employees in the above classifications are to perform a wider range of duties including work which is incidental or peripheral to their main task or functions.

(ii) Subject to agreement of the enterprise level, employees are to undertake training for the wider range of duties and for access to higher classifications.

(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.

(vi) 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.

(vii) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(viii) All work performed under this Award shall be done in a manner consistent with the obligations upon all parties under the Occupational Health and Safety Act, any Regulations thereto and any successor legislation.

(b) Award Modernisation -

(i) Both parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and will assist 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 income reduced as a result of these changes. Income in the context of this clause shall not include overtime earnings.

(3) Any agreement reached shall not adversely affect the health and safety of the employees within the meaning of the state legislation.

(4) The union must be a party to the agreement.

(5) The union will not unreasonably oppose any agreement.

(6) Agreements will be ratified by the Commission.

(7) The disputes procedure will apply if agreement cannot be reached in the implementation process on a particular issue.

(1)

(i) As part of the Structural Efficiency exercise and as an on-going process, improvements in productivity and efficiency, discussion would 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 and to encourage consultation mechanism across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces. Union delegates at the place of work may be involved in such discussions.

(ii) 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 to the extent that they are contrary provided that:

(1) A majority of employees affected genuinely agree.

(2) Such arrangement is consistent with the current State Wage Case principles.

(iii)

(1) Before any arrangement requiring variation to the award is signed and processed in accordance with clause 3, 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 objection.

(2) When an objection is raised, the parties are to offer in an effort to resolve the issue.

(2) Procedure To Be Followed - Such enterprise shall be processed as follows:

(i) All employees will be provided with the current prescriptions (eg, award, industrial agreement or enterprise arrangement) that apply at the place of work.

(ii)

(1) Where an arrangement is agreed between the employer and the employees or their authorised representative at an 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.

(2) 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.

(iii) 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.

(iv) Where an arrangement is objected to in accordance with clause 1, (iii)(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.

(v) The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed up by the parties.

(vi) 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.

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

(vii) Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

(viii) No existing employee shall suffer a reduction in entitlement of earnings, award or overaward, for working ordinary hours of work as the result of any kind of award changes made as part of the implementation of the arrangement.

4. Definitions

For the purpose of this award:

(i) Union - means the National Union of Workers, New South Wales Branch.

(ii) Adults - shall mean employees of 18 years of age and over.

(iii) Juniors - shall mean employees of under 18 years of age.

(iv) Any reference in the award to the male gender shall also be a reference to the female gender and vice versa.

5. Annual Leave

See Annual Holidays Act 1944.

In addition to payment of "ordinary pay" as defined by the Act, the award now also prescribes:-

During a period of annual leave an employee shall receive a loading calculated on the rate of pay prescribed by Appendix (1) of this award.

The loading shall be as follows:

(a) Day worker - an employee who would have worked on day work only had the employee not been on leave, a loading of 17.5 per cent.

(b) Shift Worker - an Employee who would have worked on shift work had the employee not been on leave, a loading of 17.5%. Provided that where the employee would have received shift allowances prescribed by this award had the employee not been on leave during the relevant period and such allowances would have entitled the employee a greater amount than the loading of 17.5% then the shift allowances shall be added to the rate of wage prescribed by Appendix (1) in lieu of the 17.5% loading. Provided further that if the shift allowances would have entitled the employee to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be added to the rate of wage prescribed by Appendix (1) in lieu of the allowances.

The loading prescribed in this clause shall not apply to proportionate leave on termination.

6. Bereavement Leave

(a) An employee, other than a casual employee, shall be entitled to up to two days’ bereavement leave, up to and including the day of the funeral, without deduction of pay on each occasion of the death within Australia of a person as prescribed in subclause (c) of this clause, except in relation to a death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, where an employee, other than a casual employee, shall be entitled on notice to leave up to and including the day of the funeral/service of such relative, and such leave shall be without the deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days’ work.

Provided further, the provisions of this subclause shall apply upon the death outside Australia of any of the nominated persons upon the production of satisfactory evidence of the death and evidence of the employee’s travel outside Australia to attend the deceased’s funeral/service.

Provided further, where any of the nominated persons dies outside Australia and an employee, other than a casual 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 him/her 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.

(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, provide to the satisfaction of the employer, proof of death.

(c) Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of Personal Carer's Leave as set out in sub-paragraph (ii) of paragraph (c) of subclause (1) of clause 20, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(d) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 20. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

7. Conditions of Employment

Unless otherwise determined by agreement in accordance with Clause 24, 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 this 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 permanent 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 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 payment of overtime.

Subject to this subclause, all of the provisions of this award shall apply to a part-time employee.

(ii) Casual Employees -

(a) A casual employee means an employee engaged and paid as such.

(b) Casual employees shall be paid not less than 12.5% in addition to the rates specified for the various classes of employment provided for in Appendix (1) Wage Rates.

(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).

(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 wage 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 of serious and wilful misconduct, and in such cases, the wages shall be paid up to the time of dismissal only.

(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 21, Sunday and Holiday Rates of this award, 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.

8. 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 - RELATION TO POOR WORK

PERFORMANCE OR UNSATISFACTORY CONDUCT

Without limiting the scope of application of this procedure "poor work performance or unsatisfactory conduct" would 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 their representative (if the employee is a member of a 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 their 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 or 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 continued 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 if 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 those course of action is to be taken.

(b) Instant Dismissal

The above procedures dealing with poor work performance or unsatisfactory conduct and are not intended to interfere with the operation of clause 7B(iii), which recognises the right of the employer to dismiss any employee without notice for serious and wilful misconduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty.

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.

9. 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 procedures shall be observed for handling grievances and settling of disputes. These procedures will not restrict the company or a duly authorised official of an employers organisation or a duly authorised official of their union making representations to each other.

(a) The union and the company shall notify to 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 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 procedures.

(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 is 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 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.

10. First-Aid Attendant

In 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 per week as set out in Item 2 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 subclause shall be taken as meaning that an employer shall be required to make such an appointment.

11. Hours - Shift Work

Unless otherwise determined by agreement in accordance with Clause 24 - 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 agreements 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 of Duty, which forms part of a rostered shift system.

(ii) "Afternoon Shift" means any shift finishing after 6.00pm and at or before midnight.

(iii) "Night Shift" means any shift finishing after midnight and at or before 8.00am.

(iv) "Rostered Shift" means a shift of which the employee concerned has had at least forty-eight hours notice.

(v) "Continuous Work" means work carried on with consecutive shift of persons throughout the twenty-four 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.

(i) Division I Wheaten Starch

(a) Employees whilst actually engaged during ordinary hours on afternoon shifts, rotating night shifts, and on non-rotating night shifts shall be paid the amounts set out in Items 3, 4 and 5 of Appendix 2 more than the ordinary rates prescribed by Appendix 1 - Wage Rates.

(NOTE: The shift work relates are fixed in relation 1/5th of the weekly rate prescribed for Process Attendants - hydrolysed protein, of Division I - Wheaten Starch of Appendix 1 - Minimum Award Wage rates in the following manner:

Afternoon Shifts ……………………………….	19.73%
Night Shifts (rotating)…………………………..	24.56%
Night Shifts (non-rotating)……………………..	30.00%

(Calculated to the nearest 1 cent per shift).

(b) Provided that any employee instructed by their employer to change shift during any week shall be paid an additional amount set out in Item 6 of Appendix 2 for each change but not for the change back again.

(c) By agreement between the employer and the majority of employees concerned a system of averaging the shift allowances may be introduced.

(ii) Division II - Starch (Other than wheaten starch)

(a) On day, afternoon and night shifts in regular weekly rotation - set out in Item 7 of Appendix 2.

(b) On day and night shifts only in regular weekly rotation - set out on in Item 8 of Appendix 2.

(d) On afternoon shifts only - set out in Item 10 of Appendix 2.

(e) On permanent night shifts only - set out in Item 11 of Appendix 2.

(f) Change of shift allowance - set out in Item 12 of Appendix 2.

(d) RATES FOR ORDINARY SHIFTS ON SATURDAY, SUNDAY AND HOLIDAYS

(i) In a system of non-continued shift work where night shift commences on Monday night and ends of Saturday morning the hours worked by that night shift between midnight on Friday night and the completion of that shift on Saturday shall be paid for at single time rates.

(ii) Subject to paragraph (i) an ordinary shift the major portion of which is worked on a Saturday shall be paid for at time and one half rates. An ordinary shift the major portion of which is worked on a Sunday or Holiday shall be paid for at double ordinary time. Such extra rate shall be in substitution for shift allowances as prescribed in subclause (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

DIVISION I - WHEATEN STARCH

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 worker 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 subclauses (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 and in such cases not less than 30 minutes nor more than one hours shall be allowed for meals which shall not be counted as time worked as set out in Item 13 of Appendix 2.

(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 21.

(ii) Provided that, in the event that a public holiday is prescribed after an employee has 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 21 of this Award 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 subclause (j) and (m) work performed on the rostered shift off will be paid in accordance with clause 17, Payment of Wages.

(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.

12. Hours of Duty

Unless otherwise determined by agreement in accordance with clause 24, 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 6.00am and 6.00pm, 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.

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

(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 21.

(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 are 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 16, Overtime.

13. 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 they 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 attendance, the duration of such attendance and the amount received in respect of such jury service.

14. Long Service Leave

See Long Service Leave Act 1955.

15. 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 or shift they 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 rate of wage than that at which the employee is usually employed, the employee shall be paid during such week the rate of wage the employee was receiving for the work usually performed by the employee.

16. Overtime

Unless otherwise determined by agreement in accordance with Clause 24, 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 their 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 their ordinary hours for the day. This provision is intended to apply in circumstances where 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 subclause, 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 the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

The provisions of this subclause shall apply in the case of shiftworkers 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 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, by a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

(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 the employee 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 the employee 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 the employee is 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 the employee is 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 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 subclause the employee shall be paid a meal allowance as set out in Item 14 of Appendix 2.

17. Payment of Wages

Unless otherwise determined by agreement in accordance with Clause 24, Workplace Consultation, the following provisions 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 according to the actual ordinary hours worked each week.

(ii) EMPLOYEE WHO WORKS AN AVERAGE OF 38 ORDINARY 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 the employee 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 leave) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the average weekly wage by 5.

(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 leave) the employee will not accrue a `credit' because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which they 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 be reduced by the amount of the `credit' the employee does not accrue for each whole day during the work 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

(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 them 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 wage in cash.

(ii) Payment by cheque or electronic funds 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.

18. Proportion of Juniors

The proportion of juniors to be employed in the industry shall be one junior employee to every three or fraction of three adult employees employed.

19. Sick Leave

Unless otherwise determined by agreement in accordance with Clause 24, 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 the absence. Provided that where an employee gives the employer a satisfactory explanation for 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 their 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 twelve month period which coincides with its accounting period for the purposes of the Income Tax Assessment Act.

(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 the first year of employment.

(ii) After twelve 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) the current year's sick leave entitlement

(2) From accrued entitlements.

20. Perrsonal/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 19, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take Carer's Leave under this subclause where another person has taken leave to care for the same person.

(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.

21. Sunday and Holiday Rates

(i)

(a) The days upon which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and the Union Picnic Day, which shall be held on the last Monday in October each year, together with any other days which shall be proclaimed by the Government as public holidays shall be recognised as holidays and no deduction shall be made from the wages of weekly employees for such holidays if not worked; provided that, in the case of shift workers, each such holiday shall be deemed to commence at the usual starting time of the ordinary hours of work of the day shift on the day of the holiday and to end at the corresponding time on the following day except where the usual starting time of the ordinary hours of shift commences at or before midnight on a Sunday, in any factory, in which case each such holiday shall be deemed to commence at the same time at or before midnight on a Sunday and to end at the corresponding time on the day of the holiday.

(b) In localities where no Labour Day is observed a day in lieu thereof shall be granted to employees and such day shall be arranged mutually between the employer and the union.

(c) Any employee required to work on any of the abovementioned holidays other than on Good Friday or Christmas Day shall be paid at the rate of double time and one half.

(d) Any employee required to work on Good Friday or Christmas Day shall be paid at the rate of double time in addition to the ordinary rate of pay.

(e) Any employee required to work on a Sunday shall be paid at the rate of double time.

(ii) Payment of any holiday need not be made in cases where an employee is absent on the last working day prior to the holiday or on the first working day following the holiday unless such absence is due to illness or the action of the employer or is taken with the permission of the employer.

(iii) No employee, other than a shift worker, shall be required to work on a Sunday or a holiday unless given forty-eight hours' notice that they will be so required.

(iv) Rostered Day Off falling on a public holiday - In the case of an employee whose ordinary hours of work are arranged in such a manner as to include a rostered day off in accordance with Clause 11 or Clause 12, the week day 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 (i) of clause 11 or subclause (d) of clause 12, 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.

22. Supply of Safety Footwear and Uniforms

(i) Where an employer requires an employee to wear a special establishment uniform the employer shall provide such uniform. If the employee is not allowed to take the uniform home to be laundered the employer shall be responsible for the laundering thereof.

(ii) Upon commencement of employment, an employer shall supply to a permanent 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 the employee in good order and condition, fair wear and tear excepted.

23. Right of Entry

See Industrial Relations Act 1996.

24. 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 mechanism/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 provision of clause 3, Undertakings.

(v) The Union reserves the right to advise its members as it deems appropriate on Award issues 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 mechanisms/practices however, managerial prerogative is acknowledged.

In circumstances where agreement cannot be reached, parties can exercise their rights pursuant to the Grievance Procedure.

25. 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:

Period of Continuous Service	Period of Notice

Less than 1 year…………………………….		1 week
1 year and less than 3 years………………...		2 weeks
3 years and less than 5 years………………..		3 weeks
5 years and over…………………………….		4 weeks

(2) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

(3) 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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with sub-clause (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 subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(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 Appropriate Commonwealth Agency

Where a decision has been made to terminate employees, the employer shall notify the appropriate Commonwealth Agency 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, over award 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 of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

The Industrial Relations Commission of New South Wales 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.

(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.

26. 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."

27. Superannuation

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, overaward payments and shift work loadings.

(iii) "Approved superannuation scheme" - For the purpose of this clause, "approved superannuation scheme" means a scheme approved in accordance with the Commonwealth's operational standards or occupational superannuation funds.

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 Labour Union Co-operative Retirement Fund (LUCRF) shall be the only defined fund.

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 months, calculated at 3 per cent 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 "Employer Contributions) 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 "Employer Contributions".

EMPLOYER'S CONTRIBUTION DURING LEAVE WITHOUT PAY - Where an 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 in respect of the period of unpaid absence.

EMPLOYEE CONTRIBUTIONS

(i) Employees who wish to make contributions to the fund additional to those being paid by the employer pursuant to "Employer Contributions" hereof, shall be entitled to authorise 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 subclause shall be made in accordance with the rules of the fund.

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.

EMPLOYER'S FAILURE TO PARTICIPATE IN FUND - Where an employer 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 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 employer made application to participate in the fund and been accepted by the trustees prior to 1 July 1991.

FUND MEMBERSHIP

(i) An employer shall, within fourteen days of an employee becoming eligible for contributions as described in subclause (iii) 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 made 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 will not make contributions in accordance with this clause.

EXCLUSIONS

(i) An employer making a 3 per cent contribution (or more) to an approved superannuation scheme for employees under this award prior to 1 July 1991 is automatically excluded from the provisions of this clause.

(ii) Other than as provided in paragraph (i) hereof, no employer shall be excluded from the operation of this clause on the basis of existing voluntary superannuation arrangements.

STANDARDS OF PROOF

Where doubt exists as to whether contributions were made in accordance with subclause (i), prior to 1 July 1991, the provision of the statutory declaration by the employer shall be deemed to be prima facie evidence of the date of the operation of the contributions.

EXEMPTIONS

An individual employer, other than an employer covered by subclause (i) may make application for exemption from the requirement to pay contributions to the fund pursuant to this clause.

The Commission may grant such 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.

(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. 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.)

28. Area, Incidence and Duration

(a) This award shall apply to employees in wheaten starch mills and employees engaged in the manufacture of hydrolysed vegetable protein, glucose and dextrin in the State, excluding the County of Yancowinna within the jurisdiction of the Starch and Condiment Makers, &c. (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 Starch Manufacturers, &c. (State) Award published 12 November 1999 (312 I.G. 1) 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.

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 20 February 2001.

This award remains in force until varied or rescinded, the period for which it was made having already expired.

SCHEDULE A

Awards and Variations Incorporated

Clause	Award/Variation Serial No.	Date of Publication	Date of taking Effect	Industrial Gazette
				Vol.	Page
Starch Manufacturers, &c. (State) Award	B6530	12 November 1999	First Pay Period From: 27 April 1998	312	1
Appendix 1 & Appendix 2	B8568	17 March 2000	First Pay Period From: 14 October 1999	314	201
Appendix 1 & Appendix 2	B8795	28 April 2000	First Pay Period From: 14 October 1998	315	331
9A	B8326	12 May 2000	First Pay Period From: 3 June 1999	315	820
6	B9321	25 August 2000	First Pay Period From: 10 December 1998	318	199

SCHEDULE B

Changes Made on Review

Date of Effect: 20 February 2001

(1) Provisions Modified

Clause	Previous Form of Clause Last Published At:
	I.G. Vol.	Page
AWARD: Starch manufacturers, &c. (State) Award
1	312	1
2	312	1
3	312	1
4	315	1
5	312	1
6	318	199
7	312	1
8	312	1
9	312	1
9A	315	820
10	312	1
11	312	1
12	312	1
13	312	1
14	312	1
15	312	1
16	312	1
17	312	1
18	312	1
19	312	1
20	312	1
21	312	1
22	312	1
23	312	1
24	312	1
25	312	1
26	312	1
27	312	1
28	312	1
Appendix 1	315	331
Appendix 2	315	331

(2) Provisions Removed:

Award

Clause

Previous form of Clause

Last published at:

I.G. Vol.

Page

Starch Manufacturers &c. (State) Award

2 (iii)

312

APPENDIX 1 - WAGE RATES

ADULTS

(i) DIVISION I - WHEATEN STARCH

(a) ADULTS: The following weekly wage shall be paid:

Classifications	Former Award Rate (Per Week) 14 Oct 1999 $	Minimum Award Rate (Per Week) 14 Oct 2000 $
Process Attendants - Hydrolysed Protein	426.60	441.60
Process Attendants - Other	416.70	431.70
Forklift Drivers	420.50	435.50
All Other Employees	402.60	417.60

(b) JUNIORS: The minimum rates of pay to be paid to junior weekly hands shall be as follows:

Classifications	Percentage of wages of all other employees (to nearest 5 cents)
Under 16 Years of Age	57
At 16 and Under 17 Years of Age	60
At 17 and Under 18 Years of Age	69
At 18 Years of Age	Full Adult Rate

Where youths are required to perform work ordinarily done by adults, such youths shall receive the rate fixed for adults according to the class of work performed.

(ii) Division II - Starch (Other than Wheaten Starch)

(a) ADULTS: The following weekly rates shall be paid:

Classifications	Former Award Rate (Per Week) 14 Oct.1999 $	Minimum Award Rate (Per Week) 14 Oct. 2000 $
Feedhouse Dryer Operator	413.40	428.40
Starch Treater	413.40	428.40
Starch/Gluten Separator Operator	413.40	428.40
Germ/Fibre Separator Operator	413.40	428.40
Evaporator Operator	408.10	423.10
Starch Dryer Operator	408.10	423.10
Gluten Dryer Operator	408.10	423.10
Expeller Operator (Oil)	408.10	423.10
Steepman	408.10	423.10
Forklift Driver	408.10	423.10
Dry Blend Operator	402.80	417.80
Drum Dryer Operator	402.80	417.80
Feed Packerman	399.20	414.20
Starch Packerman	399.20	414.20
Filter Press Operator	399.20	414.20
All Other Employees	389.60	404.60

Appendix 2 - Other Rates and Allowances

Item 1	Leading Hands	$3.40 Per day
Item 2	First-Aid	$7.28 per week
Item 3	Afternoon Shifts (Division 1)	$16.95 per shift
Item 4	Rotating Night Shifts (Division 1)	$21.12 per shift
Item 5	Non-rotating night shift (Division 1)	$25.76 per shift
Item 6	Change of Shift Allowance (Division 1)	$14.11 per shift
Item 7	Day, Afternoon and Night Shifts in regular weekly rotation (Division 1)	$43.20 per week
Item 8	Day and night shifts only in regular weekly rotation (Division 11)	$43.20 per week
Item 9	Afternoon and Night Shifts only in regular weekly rotation (Division 11)	$63.80 per week
Item 10	Afternoon Shifts only (Division 11)	$63.85 per week
Item 11	Permanent night shifts only (Division 11)	$95.75 per week
Item 12	Change of Shift Allowances (Division 11)	$22.23 per week
Item 13	Payment with meal relief on day shift	$1.70 per shift
Item 14	Meal Allowance	$5.30 per meal

F. MARKS J.

Starch and Condiment Makers, &C. (State) Industrial Committee

Industries and Callings

Employees Employed In:

. grain mills (other than wheaten flour mills);

. cereal food and starch mills;

. coffee mills;

. wholesale grocery stores and factories;

As Well As Employees Engaged In;

. the manufacture of stove, boot and floor polishes;

. the manufacture of macaroni, vermicelli, spaghetti, cake and pudding mixes;

. the manufacture of hydrolysed vegetable protein, noodles, soup powders or tablets, junket powders or tablets, caramel powder, glucose, dextrin and self-raising flour;

. the handling or putting up of honey, butter (not in butter factories), processed cheese (not other cheese factories) and junket tablets;

. the manufacture of cream of tartar, tartaric acid and any by-products thereof;

. the grinding of drugs and spices;

. condiment makers, chicory roasters, malt roasters, peanut roasters, custard mixers and jelly blenders;

excepting:

. engine drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines;

. drivers of motor bikes and other motor or power-propelled vehicles used for the carriage of articles of merchandise;

and excepting:

. those employees within the jurisdiction of the Jam, Vinegar, Sauce, &c. Manufacture (State) Industrial Committee;

. employees employed by milk vendors

and excepting;

. the County of Yancowinna.

Printed by the authority of the Industrial Registrar.

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