WAREHOUSE EMPLOYEES - DRUG (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 851 of 1999)
Before The Honourable
Justice Kavanagh
|
21 February 2001
|
REVIEWED AWARD
Arrangement
Clause No Subject Matter
1. Definitions
2. Hours
3. Implementation
of 38-Hour Week
4. Contract
of Employment
5. Flexibility
6. Twelve
Hour Engagements
7. Part-time
and Casual Employees
8. Redundancy
9 Shift
Work
10. Meal Hours
11. Meal
Allowance
12. Wages
13. Supported
Wage
14. Overtime
15. Mixed
Functions
16. Sunday and
Holiday Rates of Pay
17. Time and
Payment of Wages
18. Enterprise
Arrangements
19. Enterprise
Consultative Mechanism
20. Holidays
21. Annual
Leave
22. Annual
Holidays Loading
23. Sick Leave
24. State
Personal/Carer's Leave Case - August 1996
25. Bereavement
Leave
26. Long
Service Leave
27. Parental
Leave
28. Blood
Donor Leave
29. Jury
Service
30. Right of
Entry
31. Union
Delegate
32. Trade
Union Training
33. Proportion
of Improvers
34. Conditions
35. Notice
Board
36. Accommodation
37. First-aid
Chest
38. Transfer
of Employees
39. Superannuation
40. Exemptions
41. Grievance
and Dispute Resolution Procedures
42. Anti-Discrimination
43. Leave
Reserved
44. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 ¾ Wages
Table 2 ¾ Other Rates and Allowances
PART A
1.
Definitions
(a) "Departmental
Manager" means an employee appointed as such and who is in charge of one
or more departments and who is required to control and direct the work of
employees in the preparation and/or despatch of orders for assembly or checking
and despatch in a drug warehouse.
(b) "Departmental
Second-in-Charge" means an employee appointed as such and who is the
deputy of the departmental manager.
(c) "Buyer in
Charge" means an employee appointed as such who is in charge of other
buyers.
(d) "Buyer"
means an employee appointed as such who is engaged in the buying of drugs
and/or other merchandise for resale.
(e) "Section
Leader" means an employee appointed as such and who is in charge of one or
more sections of a department.
(f) "Checker"
means an employee principally engaged in checking articles and/or goods against
order or stock sheets.
(g) "Indoor
Salesperson" means an employee principally engaged in actively selling
goods and shall not include an employee merely assembling and/or delivering
over the counter goods for orders.
(h) "Assembler"
means an employee engaged in assembling articles and/or goods for orders and
shall include picking and marking orders and/or stock cards.
2.
Hours
The ordinary hours of working, excluding shift workers,
hereinafter provided for exclusive of meal hours, shall not exceed thirty eight
per week, to be worked between the hours of 7 am and 6 pm Monday to Friday
inclusive.
An employer may with the agreement of the appropriate union
commence ordinary hours between 6 am and 7 am.
The unions consent shall not be unreasonably withheld.
3.
Implementation of 38-Hour Week
The 38 hour week shall be worked in any of the following
ways.
(a) Four 8 hour
days and one 6 hour day per week.
(b) Nine and a
half day fortnight.
(c) 19 day month
with R.D.O.
(d) Actually work
7.6 hours per day
(e) Where
agreement exists between an employer and an employee, an employee may
accumulate up to 5 rostered days off. Provided that such accumulated time shall
be taken within 6 months of the agreement to defer.
Payment shall be made in lieu for any accumulated time
which is untaken when an employee ceases employment with an employer.
(f) Any other
work cycle during which a weekly average of 38 ordinary hours are worked,
provided that on any day no more than ten hours ordinary time shall be worked.
Provided that:
(i) In any
establishment where there are ten or more employees, method of implementation
shall be by agreement with employees and the relevant union(s). (If there is no agreement, the matter is to
be referred to the Industrial Relations Commission of New South Wales).
(ii) In any
establishment where there are less than ten employees, method of implementation
shall be at discretion of the employer.
(iii) Once
introduced the method of implementation is not to be changed except by
agreement, this includes methods in operation prior to this award.
4.
Contract of Employment
(a)
(i) In respect of
full-time and part-time employees, except in the case of misconduct, the
employment of any employee may be terminated by one week's notice on either
side or by the payment or forfeiture (as the case may be) of one week's wages
in lieu of such notice.
(ii) Provided that
during the first four weeks of employment, the employment of any employee may
be terminated by one hour's notice on either side.
(iii) Provided
further that the first four weeks of work shall be counted as service with the
company for the purposes of occupational superannuation, long service leave,
sick leave, annual leave and all other entitlements as defined herein.
(iv) Provided that
during the first three months of full-time or part-time employment the contract
of employment shall be of a probationary nature.
(v) Provided
further that the employment of an employee shall not be terminated except for
misconduct whilst legitimately absent from duty on accrued sick leave.
(b)
(i) 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 provided that such duties are not designed to promote
deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclauses (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(iv) If a dispute
arises under this subclause, the union(s) shall be notified, where appropriate,
and the provisions of Clause 43, Grievance and Dispute Resolution Procedures,
invoked.
(c)
(i) In the event
of a stoppage of work through any cause outside the employer's control, the
contract of employment may be continued, in which case the employer's liability
for payment shall be suspended for the duration of the stoppage of work;
provided that two working days' notice shall be given to employees prior to
such suspension.
(ii) Subject to
the provisions of clause 23, Sick Leave, of this award, an employee whose
employment is terminated on the business day preceding a holiday or holidays,
otherwise than for misconduct shall be paid for such holiday or holidays but
this provisions shall not apply to an employee employed for two weeks or less.
(iii) Any employee
who has been employed for not less than one month, on leaving or being
discharged shall, upon request, be entitled to a statement, in writing,
containing the date when the employment began and the date of its termination. The statement shall be the property of the
employee and shall be returned to him/her, unnoted by any subsequent employer.
(iv) Employees
shall not be entitled to be paid wages for any time of absence from duty
without permission.
5.
Flexibility
(a) An employee
shall perform all tasks which are incidental or related to their normal work.
(b) An employer
may develop a classification regime for their enterprise in consultation with
the appropriate union covered by this award.
A classification regime shall be agreed. The agreement shall be recorded in writing and a copy sent to the
Industrial Registrar for registration under the Industrial Relations Act 1996.
The parties agree such an agreement shall have the force of the award
and the union shall not unreasonably withhold its agreement.
6.
Twelve Hour Engagements
Following consultation and agreement in writing with
employees and the appropriate union(s), an employer may introduce daily
engagements of twelve ordinary hours.
7.
Part-Time and Casual Employees
(a) Part-time
Employees:
(i) Part-time
employees may be employed.
(ii) The ordinary
hours of work, exclusive of meal times, shall be the same as those prescribed
for weekly employees but shall not in any case be less than twenty hours per
week.
(iii) Part-time
employees shall be paid at an hourly rate of pay which shall be at the rate of
one thirty eighth of the weekly wage of the appropriate classification.
(iv) All other
provisions of this award with respect to annual leave, sick leave, holidays,
shall apply to part-time employees.
(v) An employer
may not employ more than 25 per cent of their employees as part-timers.
(vi) Notwithstanding
the provisions of paragraphs (i) to (v) of this subclause, the union and an
employer may agree, in writing, to observe other conditions in order to meet special cases.
(vii) Leave is
reserved to the parties to apply with respect to this subclause at any time
upon notice to the Industrial Registrar and to the other parties.
(b) Casual
Employees ¾
(i) Casual
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38 plus 17½ per cent calculated to the nearest half cent with a
minimum payment on any one day of four hours.
(ii) An employer
may not employ more than 25 per cent of their employees as casuals.
(iii) Notwithstanding
the provisions of paragraph (i) and (ii) of this subclause the union and
employer may agree in writing to observe other conditions in order to meet
special cases.
(iv) Leave is
reserved to the parties to apply with respect to this subclause at any time
upon notice to the Industrial Registrar and the other parties.
(c) Notwithstanding
paragraph (v) of subclause (a) and paragraph (ii) of subclause (b), no more
than 25 per cent of the total hours worked by employees covered by this Award
in any establishment in any 12-month period shall be worked by part-time and/or
casual employees.
8.
Redundancy
(a) Application ¾
(i) This clause
shall apply in respect of full time and part-time persons employed in the
classifications specified in (i) of Table 1 ¾ Wages, of Part B,
Monetary Rates.
(ii) This clause
shall also apply in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees;
(iii) 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.
(iv) 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.
(b) Introduction
of Change ¾
(i) Employer's
duty to notify ¾
(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 employers 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 specified in paragraph
(a)(i) makes provision for alteration of any of the matters referred to herein,
an alteration shall be deemed not to have significant effect.
(ii) Employer's
duty to discuss change ¾
(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 (i), of
subclause (b), Introduction of Change, of this clause, 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 the said paragraph (i) of
subclause (b) of this clause.
(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.
(c) Redundancy ¾
(i) Discussions
before terminations ¾
(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 paragraph (i) of
subclause (b), Introduction of Change, of this clause, and that decision may
lead to the termination of employment, the employer shall hold discussions with
the employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of the said paragraph
(i) of subclause (b) and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
(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 employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(d) Termination
of Employment ¾
(i) Notice for
changes in production, programme, organisation or structure - This paragraph
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 paragraph (i) of subclause (b), Introduction of Change, of this
clause.
(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.
(ii) Notice for
technological change ¾ This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (i) of subclause (b) of
this clause.
(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.
(iii) Time off
during the notice period ¾
(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.
(iv) Employee
leaving during the notice period ¾ 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.
(v) Statement of
employment ¾
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.
(vi) Notice to
Commonwealth Employment Service ¾ Where a decision has been made to terminate employees,
the employer shall notify the Commonwealth Employment Service 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.
(vii) Department of
Social Security Employment Separation Certificate ¾ 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.
(viii) Transfer to
lower paid duties ¾
Where an employee is transferred to lower paid duties for reasons set out in
subclause (i) of this clause, the employee shall be entitled to the same period
of notice of transfer as the employee would have been entitled to if the
employee's employment had been terminated, and the employer may at the
employer's option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rates for the number of weeks of notice still owing.
(e) Severance
Pay ¾
(i) Where an
employee is to be terminated pursuant to subclause (d), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years
of Age
|
|
Entitlement
|
|
|
Less than 1 year…………………………………...
|
Nil
|
1 year and less than 2 years……………………….
|
4 weeks
|
2 years and less than 3 years………………………
|
7 weeks
|
3 years and less than 4 years………………………
|
10 weeks
|
4 years and less than 5 years………………………
|
12 weeks
|
5 years and less than 6 years………………………
|
14 weeks
|
6 years and over…………………………………...
|
16 weeks
|
|
|
|
(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 paid in accordance with Clause
12, Wages.
(ii) 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 (i) of this
subclause.
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 paragraph (i) above will
have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(f) Savings
Clause ¾ Nothing in this clause
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.
9 - Shift Work
(a) Hours - The
ordinary hours of shift workers shall not exceed:
(i) 8 hours in
any consecutive 24 hours; or
(ii) 38 hours in
any one week; or
(iii) 76 hours in
fourteen consecutive days.
Shiftworkers shall be allowed twenty minutes on each
shift for crib which shall be counted as time worked.
(b) Overtime -
Subject to the provisions of subclause (c), Payment for Saturdays and subclause
(d), Payment for Sundays and Holidays, of this clause, shift workers shall for
all time worked:
(i) in excess or
outside of the ordinary shift work hours prescribed by this award; or
(ii) on more than
eleven shifts in twelve consecutive days; or
(iii) on a rostered
shift off;
be paid at the rate of time and a half for the first
two hours and double time thereafter.
(c) Payment for
Saturdays - Shift workers shall be paid at the rate of time and one-half for
ordinary rostered shifts worked on Saturday.
This rate shall be in substitution for, and not cumulative upon, the
shift allowance prescribed in subclause (e), Shift Allowance, of this clause.
(d) Payment for
Sundays and Holidays - Shift workers shall be paid at the rate of time and
three-quarters for ordinary rostered shifts worked on Sundays and at the rate
of double time for work other than on an ordinary rostered shift carried out on
Sundays. Shift workers shall be paid at
the rate of double time and a half for all work carried out (whether on an
ordinary rostered shift or otherwise) on any of the holidays prescribed in
clause 20, Holidays. The rates
prescribed in this subclause shall be in substitution for and not cumulative
upon the shift allowances prescribed in subclause (e), Shift Allowance, of this
clause.
(e) Shift
Allowance ¾
(i) Employees
engaged on morning of afternoon shifts shall be paid the amount in Item 1 of
Table 2 ¾
Other Rates and Allowances, of Part B, Monetary Rates, in addition to their
appropriate rate of pay.
(ii) Employees
engaged on night shift shall be paid the amount in Item 2 of the said Table 2,
in addition to their appropriate rate of pay.
(iii) Shifts as set
out hereunder may be worked in the industry:
Day shift shall mean a shift worked between the hours
of 7.00 am and 6.00 pm.
Morning shift shall mean a shift commencing before 7.00
am.
Afternoon shift shall mean a shift finishing after 6.00
pm but not later than midnight.
Night shift shall mean a shift finishing after midnight
but not later than 7.00 am.
(iv) Clause 2,
Hours; 10 Meal Hours; 14, Overtime; and 16, Sunday and Holiday Rates of Pay, of
this award, shall not apply to shift workers.
(v) Notwithstanding
the provisions of this subclause, Parke Davis and Co. of 32-40 Cawarra Road,
Caringbah, is exempted from the said provisions to the extent necessary to
allow a night shift to finish not later than 8.00 a.m.
10. Meal Hours
(a) Not less than
30 minutes nor more than one hour shall be allowed for lunch between the hours
of noon and 2.00 p.m. each day, Monday to Friday inclusive.
(b) An employee
called upon to do work during his/her meal break for lunchtime shall be paid at
the rate of time and a half for all time worked during such break and shall be
given, in the employer's time, a crib time of not less than twenty minutes to
partake of a meal. The said rate of
time and a half shall continue until the commencement of the paid crib break or
until the employee ceases work for the day, whichever is the earlier.
11. Meal Allowance
An employee who is required to work overtime for any period
in excess of one and one-half hours after the fixed finishing time shall be
allowed an amount for a set meal as set out in Item 3 of Table 2 ¾
Other Rates and Allowances, of Part B, Monetary Rates, which shall be paid to
the employee prior to the meal break.
12. Wages
(a) Adult
Employees ¾
The minimum rates to be paid to adult employees shall be as set out in (i) of
Table 1 - Wages, of Part B, Monetary Rates.
(b) Junior
Employees ¾
The minimum rates of pay for junior employees shall, subject to the other
provisions of the parent award, be the percentages of the weekly rate for the
appropriate adult classification as set out in (ii) of the said Table 1.
(c)
(i) In addition
to the rates of pay prescribed in this clause each employee shall receive an
additional amount per week as set out in Column B of Table 1, Wages.
(ii) The amount
prescribed in subclause (a) may be absorbed to the extent of any equivalent
amounts in rates of pay (whether award, overaward or enterprise arrangement) in
excess of the rates prescribed in Column B of the said Table 1.
(d) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset:
(i) any
equivalent over award payments, and/or
(ii) award wage
increases since 29 May 1991, other than safety net, State Wage Case and minimum
rates adjustments.
13.
Supported Wage
(a) This clause
defines the conditions which will apply to employees who because of the effects
of a disability are eligible for a supported wage under the terms of this
award. In the context of this clause,
the following definitions will apply:
(i) 'Supported
Wage System' means the Commonwealth Government system to promote employment for
people who cannot work at full award wages because of a disability, as
documented in "Supported Wage System:
Guidelines and Assessment Process".
(ii) 'Accredited
Assessor' means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) 'Disability
Support Pension' means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991, as amended
from time to time, or any successor to that scheme.
(iv) 'Assessment
Document' means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria ¾
Employees covered by this clause will be those who are unable to perform the
range of duties to the competence level required within the class of work for
which the employee is engaged under this award, because of the effects of a
disability on their productive capacity and who meet the impairment criteria
for receipt of a Disability Support Pension.
(The clause does not apply to any existing employee who
has a claim against the employer which is subject to the provisions of workers'
compensation legislation or any provision of this award relating to the
rehabilitation of employees who are injured in the course of their current
employment).
The clause does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of or are eligible for a disability
support pension, except with respect to an organisation which has received
recognition under s 10 or section 12A of the Act, or if a part only has
received recognition, that part.
(c) Supported Wage
Rates - Employees to whom this clause applies shall be paid the appropriate
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing according to the following schedule:
% of Assessed
Capacity
(subclause (d))
|
% Of Prescribed
Award
Rate
|
10*
20
30
40
50
60
70
80
90
|
10
20
30
40
50
60
70
80
90
|
(Provided that the minimum amount payable shall be not
less than $57.60 per week).
* Where a
person's assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
(d) Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this Award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
(i) the employer
and a union party to the Award, in consultation with the employee or, if
desired by any of these;
(ii) the employer
and an accredited Assessor from a panel agreed by the parties to the award and
the employee.
(e) Lodgement of
Assessment Document
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the Award, is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect unless an objection is notified to the
Registrar within ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(g) Other Terms
and Conditions of Employment - Where an assessment has been made, the
appropriate percentage will apply to the wage rate only. Employees covered by the provisions of the
clause will be entitled to the same terms and conditions of employment as all
other workers covered by this Award paid on a pro-rata basis.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
(i) Trial
Period ¾
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$57.60 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialed.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into based on the outcome of assessment under subclause (d) of
this subclause.
14.
Overtime
(a) An employee
shall be paid overtime at the rate of time and one-half for the first two hours
and double time thereafter for:
(i) all time
worked before the usual commencing time on any day;
(ii) all time
worked after the usual finishing time on any day;
(iii) all time
worked in excess of the daily limitation of hours prescribed by clause 2,
Hours.
(b) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as
half an hour and any portion of an hour in excess of thirty minutes shall be
reckoned as one hour.
(c) An employee
required to work overtime on a Saturday shall be paid a minimum payment of four
hours.
(d) Where an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport are not available, the employer shall provide him with a
conveyance, or pay the cost of such conveyance, to reach a point where
reasonable means of transport are available, or, if no such transport is
available, to his or her home.
(e) An employee
recalled to work overtime after leaving his or her employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate for each time he or she is
recalled; provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full four hours if the
job he or she was recalled to perform is completed within a shorter period.
15.
Mixed Functions
(a) Any employee
called up to do work of a higher classification than that in which he/she is
working, shall, if so employed for at least one-half hour and less than two
hours be paid the rate of pay for such classification for the time so employed. If so employed for two hours or more he/she
shall be paid the rate for the higher classification for the whole day.
(b) An employee
shall not suffer any deduction in wages should he or she be put to work at a
classification lower than that under which he or she was engaged or deemed to
be working.
16.
Sunday and Holiday Rates of Pay
(a) All time
worked on any of the holidays named in clause 20, Holidays, of this award shall
be paid for at the rate of double time and one-half with a minimum payment of
four hours.
(b) All time
worked on a Sunday shall be paid for at the rate of double time with a minimum
payment of four hours.
17.
Time and Payment of Wages
(a) All wages,
excepting overtime, together with any bonus, commission or premium the employer
may choose to pay, shall be paid on Thursday each week and shall be made up to
and including the day preceding pay day.
(b) Overtime shall
be paid within a week from the pay day succeeding the day on which it was
earned.
(c) Wages shall be
paid in cash or by Electronic Funds Transfer (EFT) as determined by the
employer.
Provided that payment by electronic funds transfer
shall not be used wherever its use would create harsh or unreasonable
circumstances for employees. Provided
further that wherever wages are paid by electronic funds transfer, the employer
shall meet the following costs:
(i) The
employee's account establishment cost.
(ii) The cost of
each deposit of wages in the employee's account including government charges.
(iii) The cost of a
single withdrawal of each deposit of wages from an employee's account. (This includes both bank and government
charges.)
Provided further that wherever wages are paid by
electronic funds transfer, the employee shall have the option of which
financial institution wages are paid into.
(d) Nothing in
this clause shall change existing site practices for payment by electronic
funds transfer which were existing at the date of this variation.
18. Enterprise Arrangements
a) The Industrial
Relations Commission of New South Wales may approve of enterprise arrangements
reached in accordance with this clause and the provisions of the Act. Provided that these arrangements are in
accordance with the State Wage Case principles, as varied from time to time.
b) Industrial
unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Industrial Relations Commission of New
South Wales that deals with the same matters in so far as they purport to apply
to parties bound to the arrangements, provided that where the arrangement is
between employees and an employer a majority of employees affected by the
arrangement genuinely agree.
c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in paragraph (b).
d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such
arrangement shall continue in force until varied or rescinded in accordance
with the Act.
e) For the
purposes of seeking the approval of the Industrial Relations Commission of New
South Wales, and in accordance with the provision of the Act, a party shall
file with the Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
f) On a hearing
for the approval of an enterprise arrangement, the Industrial Relations
Commission of New South Wales will consider in addition to the industrial
merits of the case under the State Wage Case principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from Industrial Relations Commission of New South Wales standards of
hours of work, annual leave with pay or long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
g) The operative
date for an enterprise arrangement shall be no earlier that the date of
approval by the Industrial Relations Commission of New South Wales, except that
the Industrial Relations Commission of New South Wales may approve an earlier operative
date to achieve consistency with the operative date of an enterprise
arrangement which has earlier been approved by the Australian Industrial
Relations Commission.
h) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the federal tribunal for
approval.
i) The
Industrial Relations Commission of New South Wales is available to assist the
parties to negotiations for an enterprise arrangement by means of conciliation
and, in accordance with this clause and the Act, by means of arbitration. If any to such negotiation seeks arbitration
of a matter relating to an enterprise arrangement such arbitration shall be as
a last resort.
j) Enterprise
arrangements entered into directly between employees and employers shall be
processed as follows, subject to the Industrial Relations commission of New
South Wales being satisfied in a particular case that departure from these
requirements is justified:
(i) All employees
will be provided with the current prescriptions (eg award, industrial agreement
or enterprise agreement) that apply at the place of work.
(ii) The
arrangement shall be committed to writing and signed by the employer, or the
employer’s duly authorised representative, with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement 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.
(iv) A union or
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 and in such circumstances the parties are to confer in an
effort to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Industrial Relations
Commission of New South Wales to vary an award or create a new award to give
effect to the arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) 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 matter approved
in accordance with paragraph (e) of this principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
19.
Enterprise Consultative Mechanism
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters effecting their efficiency and
productivity.
20.
Holidays
(a) The days
observed as New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac
Day, Queen's Birthday, Eight Hour Day, and all days proclaimed as public
holidays for the State shall be holidays, provided that any day proclaimed as a
holiday for the State for a special purpose but observed throughout the State
on different days shall also be a holiday.
Employees within a radius of 32.18 kilometres of the Newcastle Post
Office shall be allowed off at 12 noon on the day on which the official opening
of the Newcastle Show takes place.
(b) In addition to
the holiday specified in subclause (a) of this clause one additional holiday
(in lieu of Picnic Day) shall apply in each calendar year to an employee on
weekly hire. Such holiday shall be on the day prescribed in subclause 7.5 (b),
Public Holidays, of the Metal, Engineering and Associated Industries Award 1998
- Part I, as an additional holiday in New South Wales; provided where any other
working day is observed as a picnic day by the general body of employees in any
establishment, then such day shall be substituted for the additional holiday
hereinbefore prescribed. By agreement
between any employer and the majority of his or her employees another day may
be substituted for the additional holiday prescribed by this subclause in such
employer's undertaking.
(c) No deduction
shall be made from the wages of weekly employees for a week in which any of
such holidays fall.
(d) Every employee
allowed a holiday specified herein shall be deemed to have worked in the week
in which the holiday falls the number of ordinary working hours that he or she
would have worked had the day not been a holiday. Provided that if an employee is absent on the working day before
or the working day after a public holiday, without permission from the employer
or without reasonable cause for such absence, he or she shall not be entitled
to payment for such holiday; Provided that an employee absent on one day only,
either before or after a group of holidays, shall forfeit wages only for one
holiday as well as for the period of absence.
21.
Annual Leave
(a) Day workers
and six-day shift workers: See Annual
Holidays Act 1944.
(b) Seven-day
Shift Workers ¾
(i) In addition
to the leave prescribed by the Annual
Holidays Act 1944, a further period of seven consecutive days' leave with
forty hours pay at ordinary rates shall be allowed annually to employees, after
not less than twelve months' continuous service as seven-day shift workers
under this award less the period of annual leave.
(ii) An employee
with twelve months' continuous service who is employed for part of the
twelve-monthly period as a seven-day shift worker under this award shall be
entitled to have the leave prescribed by the Annual Holidays Act 1944, increased proportionately for each month
he or she is continuously employed as aforesaid.
(iii) Where the
additional leave calculated under this subclause includes a fraction of a day
such fraction shall not form part of the leave period and any fraction shall be
discharged by payment only.
(iv) Annual leave
under this subclause shall be given and taken within a period not exceeding six
months from the date upon which the right to such leave accrued provided that
the giving and taking of such annual leave may be postponed for a further
period not exceeding three months in cases where circumstances render it
impracticable to give or take it within the said period of six months; nothing
in this paragraph shall prevent the employer from allowing annual leave to an
employee before the right thereto has accrued, but where leave is taken in such
case a further period of annual leave shall not commence to accrue until after
the expiration of the twelve months in respect of which such annual leave had
been taken before it accrued.
(v) After twelve
months' continuous service any employee whose employment is terminated by his
or her employer, through no fault of his or her own, and/or any employee who
leaves his/her employment in circumstances which did not amount to misconduct
after six months' continuous service in his or her then current qualifying
twelve-monthly period, shall be paid for the proportionate period of annual
leave to which he or she would have been entitled if his or her employment had
not been so terminated.
(vi) The annual
leave provided for by this subclause shall be given and shall be taken and,
except as provided in paragraphs (iii) and (v) of this subclause, payment shall
not be made or accepted in lieu of annual leave.
(vii) Service with
an employer before the date of coming into force of this award shall count as
service for the purpose of the current qualifying twelve-monthly period under
this subclause.
22.
Annual Holidays Loading
(a) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(b) Before an
employee is given and takes his or her annual holiday, or, where by agreement
between the employer and 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 his or her 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
(g) of this clause).
(c) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled to under the Act and this award (but
excluding days added to compensate for public or special holidays worked or
public or special holidays falling on an employee's rostered day off not
worked) or, where such a holiday is given and taken in separate periods, then
in relation to each such separate period.
(e) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (b) of this clause at the rate per week of 17½ per cent of
the appropriate ordinary weekly time rate of pay prescribed by this award for
the classification in which the employee was employed immediately before
commencing his or her annual holiday and any regular weekly over-award payment
but shall not include other allowances, penalty rates, shift allowances,
overtime rate or any other payments prescribed by this award.
(f) 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 he or she would have become entitled under the Act to an annual holiday,
the loading then becomes payable in respect of the period of such holiday and
is to be calculated in accordance with subclause (e) of this clause applying
the award rates of wages payable on that day.
(g) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned -
(i) 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
(e) of this clause;
(ii) 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 him
under the Act such proportion of the loading that would have been payable to
him under this clause if he or she had become entitled to an annual holiday
prior to the close-down as his or her qualifying period of employment in
completed weeks bears to 52.
(h)
(i) When the
employment of an employee is terminated by his or her 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 he or she
became entitled, he or she shall be paid a loading calculated in accordance
with subclause (d) of this clause, for the period not taken.
(ii) Except as
provided by paragraph (i) of this subclause, no loading is payable on the
termination of an employee's employment.
(j) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he or she had not been on holiday; provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
23.
Sick Leave
An employee, who is unable to attend for duty during his or
her ordinary working hours by reason of personal illness or personal incapacity
(including incapacity resulting from injury within the Workers' Compensation Act 1987), not due to his or her own serious
and wilful misconduct, shall be entitled to be paid at ordinary time rate of
pay for the time of such non-attendance subject to the following:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which he or she is entitled to compensation under the Workers' Compensation Act 1987.
(b) The employee
should within four hours where practicable, and in any case shall within
twenty-four hours, of the commencement of such absence, inform the employer of
his or her inability to attend for duty and, as far as practicable, state the
nature of the injury or illness and the estimated duration of the absence.
(c) The employee
shall prove to the satisfaction of his or her employer, by the production of a
medical certificate or other satisfactory evidence, that he or she was unable,
on account of illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(d) Subject to the
other provisions of this clause, an employee shall be credited with 76 hours
paid sick leave in respect of each year of service. Sick leave granted with pay shall be deducted from such credit.
(e) Sick leave
entitlements not claimed in any one year shall accumulate from year to year so
long as the employment continues with the employer.
(f) Service
before the coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(g) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment at which time the
payments shall be made. Provided
further, an employee shall forfeit any payment for sick leave if the employee
terminates the contract of employment within the first three months of
employment. Alternatively, if an
employer terminates the contract of employment within the first three months,
the employer shall pay to employee for any sick leave taken by the employee, to
a maximum of seventy-six hours.
(h) Notwithstanding
the provisions of this sub-clause an employer in consultation and agreement
with employees and the appropriate union(s), in writing, may observe other
provisions in respect to sick leave.
Provided that the quantum of sick leave stipulated in subclause (d)
hereof, shall not be reduced by such agreement(s).
24.
State Personal/Carer's Leave Case - August 1996
(a) Use of Sick
Leave ¾
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out subparagraph (2) of paragraph (iii), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at clause 23, 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.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(1) 'relative'
means a person related by blood, marriage of 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.
(iv) 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.
(b) Unpaid Leave
for Family Purpose ¾
(i) 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 (2) of paragraph (iii) of subclause (a) who is ill.
(c) Annual Leave
¾
(i) 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.
(ii) Access to
annual leave, as prescribed in paragraph (i) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(iii) 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.
(d) Time Off in
Lieu of Payment for Overtime ¾
(i) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry date of the 12 month period or on
termination.
(iv) Where no
election is made in accordance with paragraph (i), the employee shall be paid
overtime rates in accordance with the award.
(e) Make-up Time
¾
(i) 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.
(ii) 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.
(f) Rostered
Days Off ¾
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(iii) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for 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.
(iv) 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.
25.
Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay up to and including the day of the funeral on
each occasion of the death of a person prescribed in subclause (iii) of this
clause.
(ii) 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.
(iii) Bereavement
leaves shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leaves as set out in
subparagraph (2) of paragraph (iii) of subclause (a) of clause 24, State
Personal/Carer's Leave Case - August 1996, 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) Bereavement
leave may be taken in conjunction with other leave available under subclause
(b), (c), (d), (e) and (f) of the said clause 24. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable optional
requirements of the business.
26. Long Service
Leave
See Long Service Leave
Act 1955.
27.
Parental Leave
See Chapter 2, Part 4, Division 1 of the Industrial Relations Act 1996.
28.
Blood Donor Leave
Where blood donation facilities are made available at an
employer's establishment covered by this award, or at some other nearby place,
an employee who donates blood at such facility during his or her ordinary
working hours shall be entitled to one hour's paid leave on each occasion for
that purpose: provided that, before making payment for such leave, the employer
may require satisfactory proof of the employee's blood donation. Production of the relevant Blood Bank card
or certificate, properly completed, shall constitute such satisfactory proof.
29.
Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
30.
Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996.
31.
Union Delegate
An employee appointed union delegate in the shop or
department in which he or she is employed shall upon notification thereof to
his or her employer be recognised as the accredited representative of the Shop
Assistants and Warehouse Employees' Federation of Australia, Newcastle and
Northern New South Wales or the Shop, Distributive & Allied Employees'
Association, New South Wales.
32.
Trade Union Training
(a) Authorised
delegates of any of the unions party to this award who are nominated by the
secretary of their union to attend a training course or programme conducted
under the auspices of Trade Union Training Australia, or sponsored by the
Australian Council of Trade Unions, the State Branch of the Australian Council
of Trade Unions or by a union party to this award shall be granted leave of
absence while attending such course or courses provided that:
(i) at least two
weeks prior to attendance at the course or courses the employer receives
written notice of the nomination from the union secretary setting out the
times, dates, content and venue of the course;
(ii) nominations
shall not involve absences from work of more than two delegates from each union
per establishment (for a maximum of three days for each nominee) in each
calendar year and, for the purpose of this subclause, a calendar year shall
mean the period from January 1 to December 31 inclusive;
(iii) leave of
absence granted shall be counted as time worked for the purposes of annual
leave, sick leave and long service leave.
Delegates attending shall receive their normal rate of pay whilst on
such leave including shift allowances, but other allowances, penalty rates or
any other daily or hourly payments prescribed by this award shall not be
payable. The rate of pay for such leave
shall be shared equally between the employer and the union concerned.
33.
Proportion of Improvers
The proportion of juniors to adults shall not be more than
one junior to three adults or portion thereof.
34.
Conditions
(a) Employees
covered by this award shall not be required to wash, scrub, mop or polish floors
except to maintain cleanliness and safety due to breakages or spillages.
(b) Employees
shall not be required to scrub floors or to clean lunchrooms, dressing rooms or
lavatories or to engage in any other work of a major cleaning nature.
(c) Where an
employee has been notified that he or she is to take his or her annual leave at
a specified time and that time thereafter is altered by the employer the
employee shall be reimbursed any out-of-pocket expenses which he or she has
incurred in relation to the booking of accommodation for holidays; provided
that the employer may require proof of such expenses from the employee.
(d) Where the
nature of the work performed by employees necessitates suitable industrial
clothing, including dust coats, aprons, overalls, work boots, work shoes,
gloves, etc., they shall be provided, maintained and laundered at the
employer's expense and shall remain the property of the employer.
(e) A separate
dining room sufficient to accommodate the staff shall be provided by the employer. Such dining room shall contain sufficient
table and seating accommodation. Hot
water shall be provided, without cost, for the employees and reasonable
provisions shall be made for the care of employees' luncheons.
(f) An employee
who is appointed as a first-aid attendant shall be paid an additional payment
at the rate set in Item 4 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(g) Where an
employee is required to perform work of an unusually dirty, dusty and/or
offensive nature or to work in temperatures of abnormal heat or cold, the
employer shall provide for the use of such employees, showers or baths with hot
and cold water. Such employees shall be
paid the amount set in Item 5 of the said Table 2, whilst engaged on such
work. Such employees shall be allowed
ten minutes off prior to ceasing time for cleansing purposes.
(h) No deductions
shall be made from any leave due or from ordinary weekly wages due for time off
required by employees to sit for examinations relevant to their employment.
(i) Employees
shall be allowed a rest pause of ten minutes in the first half and in the
second half of each day or shift at a time to be mutually arranged. The employer shall provide hot water during
such rest pauses for the purpose of making tea or coffee.
(j) Where an
employee is required by the employer to wear stockings during the course of
work such stockings shall be supplied and paid for by the employer.
(k) Compensation
to the extent of the damage sustained shall be made where in the course of
work, clothing and/or optical glasses are damaged or destroyed by, or through
the use of corrosive, explosive, inflammable or poisonous substances.
35.
Notice Board
An employer shall permit a notice which has been duly
authorised by the union secretary to be posted on the notice board.
36. Accommodation
NOTE: As to welfare
facilities for employees, see Factories,
Shops and Industries Act 1962, and regulations thereunder.
37.
First-Aid Chest
NOTE: As to first-aid
chest, see Factories, Shops and
Industries Act 1962, and regulations thereunder.
38.
Transfer of Employees
(a) When an
employee is required to report for work at a place other than his or her usual
place of work he or she shall be paid all fares reasonably incurred in excess
of those he or she normally would incur attending at his or her usual place of
work and returning home and shall be paid all travelling time in excess of that
taken to reach his or her usual place of work and returning home.
(b) Travelling
time shall be paid for at ordinary rates of pay.
(c) The foregoing
subclauses shall apply only to an employee temporarily transferred from his or
her usual place of work. A temporary transfer shall mean periods of employment
at places other than the usual place of work up to a maximum of three
consecutive weeks.
(d) An employee
transferred from working place to working place during ordinary working hours
shall be paid for the time spent in travelling as for time worked and shall
receive reimbursement of fares incurred in such transfer.
(e) Where transfer
involves an employee being absent from his or her normal place of abode he or
she shall be reimbursed for reasonable expenses incurred for accommodation
together with first class rail fares to and from the place of transfer.
39.
Superannuation
(a) Definitions ¾ In
this clause:
(i) "ASSET"
means the Australian Superannuation Savings Employment trust constituted by a
deed made 14 October, 1987, and includes any superannuation scheme which may be
made in succession thereto.
(ii) "CARE"
means the Clerical Administrative Retail Employees' occupational superannuation
fund constituted by a deed made 18 September 1986, and includes any
superannuation scheme which may be made in succession thereto.
(iii) "Eligible
employee" means:
(a) a weekly
employee (including a part-time employee) who has had 4 weeks' continuous
service with the employer; or
(b) a casual
employee who has had 76 hours or 4 weeks' service with the employer, whichever
period is the longer.
(iv) "Service
with the employer" means employed to work in an establishment where such
employment is governed by the terms of this award.
(v) "Ordinary
time earnings" means:
(1) In the case of
a weekly employee, his or her classification's weekly rate of pay, plus, where
applicable, special rates, shift allowance rates, or first-aid attendant rate
for ordinary hours of labour.
(2) In the case of
a part-time employee the number of ordinary hours worked in each week
multiplied by the appropriate hourly rate for the classification of the
employee, plus, where applicable, special rates, shift allowance rates, or
first-aid attendant rate for ordinary hours of work.
(3) In the case of
a casual employee the number of ordinary hours worked in each week multiplied
by the appropriate hourly rate for the classification of the employee for
ordinary hours of work (including, where applicable, special rates, shift
allowance rates, and first-aid attendant rate) plus 17½% of that sum, for
ordinary hours of work.
(vi) "Classification's
rates of pay" and "special rates" shall mean the relevant
amounts prescribed in Clause 12, Wages.
(vii) "Shift
allowance rates" shall mean the relevant amounts and/or premium prescribed
in sub-clauses (c) and (d) of Clause 9, Shift Work.
(viii) "First
aid attendant rate" shall mean the relevant amounts prescribed in
subclause (f) of clause 35, Conditions.
(ix) Ordinary time
earnings shall also include any "overaward payment".
"Overaward payment" means the amount (whether
it be termed "overaward payment", "attendance bonus",
"service increment", or any term whatsoever) which an employee would
receive in excess of the award rate of pay for the classification in which such
an employee is engaged. Provided that such payment shall exclude payments
related to overtime, shift premiums, penalty rates and meal money allowance and
any other ancillary payment of a like nature prescribed by this award.
(x) "Union"
means The Shop Distributive and Allied Employees' Association, New South Wales
Branch and/or the Shop Assistants and Warehouse Employees' Federation of
Australia, Newcastle and Northern, New South Wales.
(xi) "The
fund" means as follows:
(1) An approved
superannuation fund to which an employer, prior to 21 February 1989, was making
contributions on behalf of employees, where such contributions were intended to
be in satisfaction of the superannuation principle adopted by the State Wage
Case 1986, as varied from time to time by subsequent State Wage Case decisions,
provided that this provision shall not be applicable to an employer unless such
employer, on or before 14 July 1989, files with the Industrial Registrar an
election to adopt such fund and such election is not disallowed by order of the
Commission after hearing the employer and the relevant union.
An election under this paragraph shall set out the name
and date of inception of the fund and the extent of contributions per employee,
together with information relevant to establishing that the fund is an approved
fund and that contributions were intended to be in satisfaction of the
superannuation principle.
(2) Notwithstanding
the above where an employer prior to 21 February 1989 is not making the
contributions specified in subclause (c) of this clause, then it shall be ASSET
or CARE as determined by the majority of the Award covered employees.
(3) For the
purpose of this subclause an approved superannuation scheme means a scheme
approved in accordance with the Commonwealth Operational Standards for
Occupational Superannuation funds.
(xii) "Trustee"
means either the trustee of the approved superannuation fund referred to in
subparagraph (1) of paragraph (xi) of this subclause or the Trustee of ASSET or
CARE (whichever is the case).
(b) Enrolment ¾
(i) Each employer
shall¾
(1) As soon as
practicable, if they have not already done so, after 21 February 1989, enter
into a Deed of Adoption or a Deed of Adherence (whichever is the case) with the
Trustee acknowledging itself to be bound by the fund trust deed; and
(2) Take all
necessary steps to ensure that each of his or her eligible employees becomes a
member of the fund.
(ii) Each eligible
employee shall join the fund.
(c) Employer
Contributions - Each employer shall pay to the Trustee in respect of each
eligible employee an amount equal to three per-centum of the employee's
ordinary time earnings from 21 February 1989.
(d) Remitting
Payments - Each employer shall remit to the Trustee of the fund all payments
due in respect of his or her employees immediately at the conclusion of each
calendar month or at such other times and in such other manner as may be agreed
in writing between the Trustee and the employer.
(e) Records - The
employer shall retain all records relating to the calculation of payments due
to the fund in respect of each employee and such records shall be retained for
a period of six years. They shall be
available for inspection by -
(i) the officials
of the Union; or
(ii) representatives
of the Trustee.
(f) Statement of
Contributions ¾
The employer shall provide to each employee a statement setting out the amount
of contributions made on the employee's behalf into the fund together with
details of any authorised employee contributions made in accordance with
subclause (j), Employee Contributions, of this clause.
In the case of persons employed on a seasonal basis
only, such statement shall be provided at the completion of the relevant
season.
In the case of other employees, such statement shall be
provided yearly, at the anniversary of their membership of the fund or employment.
(g) Unpaid
Contributions - Where an employer has failed, pursuant to subparagraph (1) of
paragraph (i) of subclause (b), Enrolment, of this clause, 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 an initial
contribution to the fund, in respect of each eligible employee, equivalent to
the contributions which would have been payable under subclause (c), Employer
Contributions, had the employer made application to participate in the fund and
been accepted by the Trustee after which the employer shall then continue to
make payments as prescribed by this subclause.
Other than for backpayment of contributions, the employee shall not be
entitled to death and disability cover until such time as the employer becomes
a member of the fund, that is, the date of acceptance by the Trustees. Provided that the employer's protection in
relation to death and disability cover shall be limited for a period of six
months from 21 February 1989.
(h) Exemptions ¾
(i) Notwithstanding
the provisions of paragraph (xi) of subclause (a) of this clause the fund in
the case of Soul Pattinson Laboratories Pty Ltd, Soul Manufacturing Pty Ltd and
Washington H Soul Pattinson Ltd shall be the Retail Employees' Superannuation
Fund.
(ii) Notwithstanding
the provisions of paragraph (xi) of subclause (a) of this clause the Fund in
the case of Astra Pharmaceuticals Pty Ltd shall be the Astra Pharmaceuticals
Productivity Superannuation Fund.
(iii) R and C
Products Pty Limited, is exempt from this clause.
(iv) Merck Sharp
and Dohme Australia Pty Limited, is exempt from this clause 40.
(v) Notwithstanding
the provisions of paragraph (xi) of subclause (a) of this clause the Fund in
the case of Abbott Australasia Pty Ltd shall be the Abbott Employees
Superannuation Fund. Provided that in
the event that the Abbott Employees Superannuation Fund ceases to be an
approved superannuation scheme - as defined by subparagraph (2) of paragraph (xi)
of subclause (a), Definitions, of this clause, then Abbott Australasia Pty Ltd
shall cease to be exempt for the said subparagraph (2).
(j) Employee
Contributions - Employees employed in the industry who may wish to make
contributions to the fund additional to those being paid pursuant to subclause
(c), Employer Contributions, of this appendix shall be entitled to authorise
his or her employer to pay into the fund from the employee's wages, amounts
specified by the employee in accordance with the fund trust deed and rules.
(k) Statement of
Service - For the purpose of ensuring that an employee may prove his or her
service in the industry so as to become an eligible employee, each employer
shall, if requested by an employee, provide such an employee with a written
statement setting out the dates of employment with the employer.
40.
Exemptions
(a) Johnson and
Johnson Pty. Limited is exempted from the terms of this award in respect of its
employees at the Botany plant covered by Industrial Agreement No. 7128 and any
variation thereof, filed with the Industrial Registrar on the 14 February 1984
and made between the company and the Shop, Distributive & Allied Employees'
Association, New South Wales; and in respect of its employees at the
Campbelltown plant covered by Industrial Agreement No. 7075 and any variation
thereof, filed with the Industrial Registrar on the 9 December 1983 and made
between the company and the Shop, Distributive & Allied Employees'
Association, New South Wales.
(b) Richardson-Merrell
Pty. Ltd. is exempted from the terms of the award in respect of its employees
covered by Industrial Agreement No. 5828, made between the company and the
Australian Workers' Union and filed with the Industrial Registrar on 19 August
1977, or by any industrial agreement made in substitution therefor.
41. Grievance and Dispute Resolution Procedures
The procedures for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps:
(a) Procedure
relating to a grievance of an individual employee:
(i) The employee
shall notify the employer (in writing or otherwise) as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(ii) The grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing a proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(b) Procedure
for a dispute between an employer and the employees:
(i) A question, dispute
or difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher levels of
authority.
(ii) Reasonable
time levels must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The employer
may be represented by an individual organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose of
each procedure.
42.
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.
43.
Leave Reserved
Leave is reserved to any union party to this award to apply
as it may be advised during the currency of the award in respect of medical
examinations, part-time employees, Reserve Forces leave, charge hands and rates
of pay.
44.
Area, Incidence and Duration
This award rescinds and replaces the Warehouse Employees
Drug (State) Award published 30 May 1997 (298 IG 807), as varied.
It shall apply to employees of the classifications mentioned
herein, in drug warehouses and/or drug factories engaged in or in connection
with the handling, reception, sale and/or delivery of drugs, galenicals,
pharmaceutical goods, cosmetics, perfumes, toilet preparations, medicinal or
household chemicals, in the State, excluding the County of Yancowinna, within
the jurisdiction of the Drug Employees (State) Industrial Committee.
This award shall take effect from the beginning of the first
full pay period to commence on or after 21 February 2001and shall remain in
force for a period of 12 months.
PART B
MONETARY RATES
Table 1 ¾ Wages
(i) Adult
Employees ¾
Classification
|
SWC
1998
$
|
SWC
1999
$
|
SWC
2000
$
|
Total rate per week
$
|
Checker (first 3 months)
|
14.00
|
12.00
|
15.00
|
439.65
|
Assembler (first 3 months)
|
14.00
|
12.00
|
15.00
|
439.65
|
Checker
|
14.00
|
12.00
|
15.00
|
460.50
|
Assembler
|
14.00
|
12.00
|
15.00
|
460.50
|
Indoor Salesperson
|
14.00
|
12.00
|
15.00
|
458.80
|
Section Leader
|
14.00
|
12.00
|
15.00
|
479.30
|
Buyer
|
14.00
|
12.00
|
15.00
|
479.30
|
Buyer in charge
|
14.00
|
12.00
|
15.00
|
492.20
|
Department Manager - Second in Charge
|
14.00
|
12.00
|
15.00
|
492.20
|
Department Manager
|
14.00
|
12.00
|
15.00
|
533.95
|
This table represents the total rate for each classification
after the minimum rates adjustment process is completed.
(ii) Junior
Employees
|
Percentage of the
appropriate adult classification per week
|
Age
|
|
Under 17 years of age……………………………………………………….
|
60
|
At 17 years of age…………………………………………………………...
|
70
|
At 18 years of age…………………………………………………………...
|
90
|
At 19 years of age and over…………………………………………………
|
100
|
|
|
|
Such minimum rates shall be calculated to the nearest 5
cents, any broken part of 5 cents in the result not exceeding 2.5 cents to be
disregarded.
Table 2 ¾ Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
9(e)(i)
|
Morning or Afternoon Shift Allowance
|
12.37 per shift
|
2
|
9(e)(ii)
|
Night Shift Allowance
|
16.70 per shift
|
3
|
11
|
Meal Allowance
|
8.20 per meal
|
4
|
35(f)
|
First-aid
|
1.86 per shift
|
5
|
35(g)
|
Dirty Work, etc.
|
0.36 per hour
|
Drug
Employees (State) Industrial Committee
Industries
and Callings
Employees
in drug warehouses and/or drug factories, engaged in or in connection with the
making, preparing, handling, putting up, reception, sale or delivery of drugs,
galenicals, pharmaceutical goods, and medicinal or household chemicals, and all
employees engaged in or in connection with the making, preparing, handling,
putting up, reception, sale or delivery of cosmetics, perfumes, and toilet
preparations and all employees other than in hospitals engaged in or in
connection with the making, sale or delivery of surgical, medical and/or
hygienic dressings and the preparing and putting up of catgut and the making of
catgut preparations within the State, excluding the County of Yancowinna;
excepting -
Storemen and packers;
Watchmen, caretakers, cleaners, left attendants and porters;
Clerks;
Carters, grooms, stablemen, yardmen and drivers of motor and
other power propelled vehicles;
Employees of Sydney Electricity and the Council of
Newcastle;
Employees engaged in the manufacture of tartaric acid, cream
of tartar, or any by-product thereof;
Employees engaged in and about the grinding of drugs;
and excepting
also
employees within the jurisdiction of the following Industrial Committees:
Pharmacists (State);
Retail Employees (State);
Textile Employees (State).
T. M. KAVANAGH J.
___________________
Printed by the authority of the Industrial Registrar.