COLD STORAGE AND ICE EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996 and
another matter.
(Nos. IRC 1912 of 1999 and 5506 of 2000)
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Before Commissioner
McLeay
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20 February 2001
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REVIEWED AWARD
PART A
Arrangement
Clause no. Subject Matter
1. Title
2. Definitions
3. Classification
Structure
4. Hours
5. Rates of
Pay
6. Rest
Period
7. Meal
Breaks
8. Overtime
9. Allowances
10. Payment of
Wages
11. Mixed
Functions
12. Conditions
of Employment
13. Part-time
Employees
14. Sundays
and Holidays
15. Sick Leave
16. Annual
Leave
17. Annual
Leave Loading
18. Bereavement
Leave
19. Long
Service Leave
20. Jury
Service
21. Protective
Clothing and Equipment
22. Labour
Flexibility
23. Consultative
Mechanism
24. Redundancy
25. Personal
Carer’s Leave
26. Grievance
Procedure
27. Anti -
Discrimination
28. Training
29. Area,
Incidence and Duration
PART B
Monetary Rates
Table 1 - Wages
Table 2 - Other Rates and Allowances
1. Title
This award shall be known as the Cold Storage and Ice
Employees (State) Award.
2. Definitions
(i) Casual hand
means an employee who is engaged for less than 40 hours in any one week. The
employee shall be guaranteed four consecutive hours work.
(ii) Freezing
chamber means an artificially cold chamber the temperature of which is less
than 1.66 degrees celsius (29 degrees Fahrenheit).
(iii) Employers
shall control the normal use of casual labour under this award to a level of
four weekly employees to one casual employee. Additional casual employees may
be engaged to cover periods of absenteeism, including paid leave, and for
special circumstances, such as seasonal work.
3. Classification Structure
Employee Grade 1 - For the purposes of this award, an
Employee Grade 1 shall mean an employee who performs work to the level of their
training, and:
(i) Is
responsible for the quality of their own work (subject to instructions and
direction).
(ii) Works in a
team environment and/or under routine supervision.
(iii) Undertakes
duties in a safe and responsible manner.
(iv) Exercises
discretion within their level of skills and training.
(v) Possesses good
interpersonal and communication skills.
(vi) Indicative of
the tasks which an employee at this level may be required to perform, include
the following:
General labouring and cleaning duties; order
assembling, including picking stock; loading/unloading; receiving, checking,
dispatching and sorting of products; operation of a keyboard to carry out
stores work; documenting and recording of goods, materials and components;
basic inventory control; use of hand trolleys and pallet trucks.
Employee Grade 2 - For the purposes of this award, an
Employee Grade 2 shall mean an employee who performs work to the level of their
training, and:
(i) has performed
a minimum of three months service as an Employee Grade 1 and has satisfactorily
acquired the skills relevant to the enterprise at this level;
(ii) may be
required to use, for training purposes, materials handling equipment which
requires licensing / certification;
(iii) may be
required to assist in the development of an Employee Grade 1.
Employee Grade 3 - For the purposes of this award, an
Employee Grade 3 shall mean an employee who has undertaken sufficient training
so as to enable the performance of work within the scope of this level in
addition to the work of lower grades and who has been appointed by the employer
to perform such work on a continuous basis. An employee at this level performs
work to the level of their training and is:
(i) Able to work
from complex instructions and procedures
(ii) Able to
co-ordinate work in a team environment under general supervision.
(iii) Responsible
for assuring the quality of their own work.
(iv) Possesses
sound interpersonal and communication skills.
(v) Licensed
and/or certified to operate all appropriate materials handling equipment, e.g.,
forklift, mobile crane, carousel, etc.
(vi) May be
required to perform the following tasks/duties:
Inventory and stores control; VDU operation using
intermediate keyboard skills to carry out stores work; use of other electronic
equipment, e.g., scanner, to carry out stores work; routine maintenance of
stores equipment and machinery.
Employee Grade 4 - For the purposes of this award, an
Employee Grade 4 shall mean an employee who has undertaken sufficient training
so as to enable the performance of work within the scope of this level in
addition to the work of lower grades and who has been appointed by the employer
as either a single storeworker in charge of a store or as an operator of
computer technology used for high level inventory and stock control. An
employee appointed in this capacity performs work to the level of their
training, and:
(i) Understands
and is responsible for their own quality control.
(ii) Possesses a
sound level of interpersonal and communication skills.
(iii) Possesses a
sound working knowledge of all stores duties performed at levels below this
grade, exercises discretion within the scope of this grade, and has a good
knowledge of the employer’s product.
(iv) Where
appropriate, is accredited by the employer as competent in the understanding of
regulations relating to handling, storage and loading/unloading of specific
product.
(v) May perform
work requiring minimal supervision, either individually or in a team
environment.
(vi) Must be
competent to perform the following tasks/duties:
Licensed to operate appropriate materials handling
equipment, e.g., forklifts, mobile crane, carousel, etc.; routine maintenance
of stores equipment and machinery.
(vii) In addition,
may be responsible for the proper application and maintenance of appropriate
occupational health and safety standards (optional).
(viii) May also be
responsible for quality control of the work of other storeworkers without being
responsible for their direction (optional).
Employee Grade 5 - For the purposes of this award, an
Employee Grade 5 shall mean an employee who has undertaken stores work of all
lower grades and who has successfully completed a Warehousing and Distribution
Course at a relevant NSW Training Authority or a course regarded by the
employer as comparable or who is, in the opinion of the employer, sufficiently
qualified or experiences to be so classified. An employee who is appointed by
the employer to this level may be required to perform the following in addition
to the work performed by other grades:
(i) Implement
quality control techniques and procedures.
(ii) Utilise
highly developed level of interpersonal and communication skills.
(iii) Assist in the
provision of on-the-job training and standards.
(iv) In addition,
may be responsible for the proper application and maintenance of appropriate
occupational health and safety standards.
(v) This position
is accountable for performing some of the following tasks, or a combination
thereof:
Performing multiple stores activities; managing the
information within the store.
In addition, the employee has a sound knowledge of the
employer’s operation and product.
4. Hours
(i) Day Work -
(a) The ordinary
hours of labour shall be 40 per week, to be worked in either four or five
consecutive days, Monday to Friday. The ordinary hours of work prescribed
herein may be between eight to ten hours per day. The ordinary hours may be
worked as eight hours on five consecutive days or ten hours on four consecutive
days or otherwise by genuine agreement between the employer and employee.
(b) Provided that
any arrangement of ordinary working hours where the ordinary working hours
exceed eight hours shall be subject to agreement between the employer, each
individual employee and / or the majority of employees in the plant or work
section or sections concerned.
The starting and finishing times shall be between the
hours of 6.00a.m. to 6.00p.m., Monday to Friday, inclusive. Such hours shall be
worked continuously except for meal breaks.
Provided that the spread of ordinary hours may be
varied by genuine agreement between the employee and the employer or, following
genuine consultation, by one week’s notice to the employee, of up to two hours
before 6.00a.m. or two hours after 6.00p.m. on any one day. Provided that the
employer will only vary the spread of hours to meet the normal operational
requirements of the industry.
Provided that once a variation to the spread of hours
has been made further variation must be preceded by agreement or by two weeks
notice to the employee.
(c) Employees
shall also be allowed five minutes dressing time before commencing or
recommencing work.
(ii) Shift Work
(a) "Afternoon
shift" shall mean any shift finishing after 6.00pm and at or before
midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00am.
"Permanent Night Shift" means a night shift
which does not rotate with another shift or shifts or day work.
(b) The ordinary
hours of shift workers shall be fixed by mutual agreement between the employer
and the employee concerned, but shall not exceed 80 hours in any period of two
consecutive weeks, or 120 hours in any period of three consecutive weeks, or
160 hours in any period of four consecutive weeks.
Where the employees are working on shift work the
ordinary working hours on any shift shall not exceed ten hours on any day;
provided that, in any arrangement of ordinary working hours where the ordinary
working hours are to exceed eight on any day, the arrangement of hours shall be
subject to agreement between the employer, each individual employee and/or the
majority of employees in the plant or work section or sections concerned.
(c) Shift workers
shall be allowed a break of at least 20 minutes for the purposes of a crib,
such time to be counted as time worked, but the crib shall be taken in such a
way as not to interfere with work being carried on.
(d) The following
shift loadings apply for shifts worked:
Afternoon shift - 15 per cent loading in addition to
the ordinary rate of pay.
Night shift - 25 per cent loading in addition to the
ordinary rate of pay.
Permanent Shift - 30 per cent loading in addition to
the ordinary rate of pay.
5. Rates of Pay
(i)
(a) Classification
- Adult Employees - see Table 1 - Wages, of Part B, Monetary Rates.
(b) Junior
Employees - The minimum rates of wages for junior employees shall be the
following percentage of the Adult Employee Grade 2 rate as set out in the said
Table 1:
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Under 17 years of age
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55 per cent
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At 17 and under 18 years of age
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55 per cent
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At 18 and under 19 years of age
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67.5 per cent
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At 19 and under 20 years of age
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80 per cent
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At 20 and under 21 years of age
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92.5 per cent
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Over 21
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Appropriate Adult Rate
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A junior/adult ratio of no more than three adults, or
part thereof, to one junior will exist in the freezing chamber.
(ii) Casual
employees shall be paid one-fortieth of the appropriate weekly wage plus 10 per
cent thereof per hour.
(A casual employee will also be in receipt of
one-twelfth of their earnings as annual leave as per the Annual Holidays Act
1944.)
(iii) Notwithstanding
paragraph (b) of subclause (i.) of this clause, all employees working in a
freezing chamber will be paid the appropriate adult rate of pay as defined in
Table 1 for the actual time worked in the freezing chamber.
(iv) Arbitrated
Safety Net Adjustment - 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 payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6. Rest Period
All employees working inside a freezing chamber shall be
entitled to reasonable breaks during the day of up to 15 minutes duration to
warm up. Employees shall also be given reasonable time to cool down before
working in the freezing chamber on hot days or when overheated. Employers are
to have regard to their obligations under the Occupational Health and Safety
Act 1983 when applying this clause. All work breaks shall be paid for as
time worked.
7. Meal Breaks
(i) Not less than
half an hour and not more than one hour shall be allowed for lunch. Other
arrangements as to lunch time may be made between the employee and employer.
(ii) An employee
shall not be required to work more than five hours without a break for a meal.
Provided that, by agreement between an employer and each individual employee,
and/or the majority of employees in the enterprise or work section or sections
concerned, an employee or employees may be required to work in excess of five
hours but not more than six hours at ordinary pay without a break for a meal.
(iii) An employee
required to work overtime for any period in excess of two hours after the usual
ceasing time either shall be supplied with a meal by the employer or shall be
paid the sum as set out in Item 1 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates and if required to work in excess of four hours
overtime, shall be supplied with a further meal or shall be paid the sum set
out in the said Item 1 for each further fours hours worked.
(iv) An employer
may implement measures to enable the employer:
(a) to require the
alteration of a scheduled meal break for one or more employees if the employer
considers such alteration is necessary in order to meet a requirement for
continuity of operations;
(b) to stagger the
taking of meal and rest breaks to meet operational requirements.
8. Overtime
(i) All time
worked in excess of 40 hours per week, or before or after the prescribed
starting and finishing times, or in excess of the daily limitation of hours,
shall be overtime and paid for at the rate of time and one-half for the first
two hours, and double time shall be paid thereafter.
(ii) An employee
called upon to work overtime on a Saturday shall be paid for a minimum of four
hours work at overtime rates.
(iii) It shall be a
condition of employment that employees shall work reasonable overtime to meet
the needs of the industry.
9. Allowances
(i) Freezer
Allowance - An employee performing work in a freezing chamber shall be paid as
set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, for each hour so worked in the following temperature:
minus 18C;
between minus 19C to minus 25C;
below minus 25.
(ii) The employer
will supply and launder the protective clothing described in subclause (i) of clause
21, Protective Clothing and Equipment.
Provided that an employee shall receive a laundry
allowance as set out in Item 3 of the said Table 2 in lieu of the employer
being able to provide laundering for the said protective clothing: Overalls and
freezer suits.
Part-time employees will receive a proportionate amount
of the above allowances.
(iii) Employees own
a duty of care to the employer for all protective clothing and equipment
supplied to the employee during the course of duty and if the employee damages
or loses the protective clothing wilfully or negligently the employee shall
reimburse the employer.
(iv) Employees are
to observe health standards set by the employer at all times while on the
premises of the employer.
10. Payment of Wages
(i) Wages and
allowances may be payable weekly or fortnightly by agreement of the majority of
employees. Wages earned during the week shall be paid not later than two
working days following the cessation of the pay period.
(ii) Payment of
wages and allowances may be made by cheque, cash or electronic funds transfer.
11. Mixed Functions
(i) Should any
employee engaged at a higher paid class of work be transferred temporarily to a
lower paid class of work, the employee shall continue to receive the higher
rate during such transferred temporary employment.
(ii) An employee
who is required to do work carrying a higher rate than their ordinary
classification for two hours or more on any day or shift shall be paid at the
higher rate for the whole of the day or shift.
(iii) Subject to
subclause (ii) of this clause, an employee who, on any day or shift, is
required to do the work of a higher paid classification for at least one hour
shall be paid the rate prescribed for such work whilst so engaged.
12. Conditions of Employment
(i) Employees
shall be employed on a weekly or casual basis. Where an employee is engaged on
a weekly basis, employment may be terminated by the employer giving the
following notice period. Payment in lieu of notice may be made.
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Period of Continuous Service
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Period of Notice
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Not more than one year
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At least 1 week
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More than 1 year but not more than 3 years
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At least 2 weeks
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More than 3 years but not more than 5 years
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At least 3 weeks
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More than 5 years
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At least 4 weeks
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This period of notice is increased by one week if the
employee is over 45 years of age and has completed at least two years
continuous service with the employer.
(ii) Notice by the
employee to the employer, for weekly employees, will be not less than one week.
(iii) The employer shall
have the right to dismiss an employee, without notice, for refusal of duty,
malingering, inefficiency, neglect of duty or misconduct, and in such cases the
wages shall be payable up to the time of dismissal only.
(iv) The employer
shall have the right to deduct payment for any day or portion thereof during
which the employee is stood down as the result of refusal of duty, malingering,
inefficiency, neglect of duty or misconduct on the part of the employee or to
deduct payment for any day during which the employee cannot be usefully
employed because of any strike or through any breakdown of machinery or due to
any cause for which the employer cannot reasonably be held responsible.
(v) Provided that
subclause (i) of this clause does not apply to employees whose employment is
terminated in accordance with clause 24, Redundancy.
13. Part-Time Employees
An employee may be engaged as a part-time employee. A
part-time employee may be engaged to work less than 40 hours per weeks and will
receive entitlements on a pro rata basis.
14. Sundays and Holidays
(i) The following
days shall be recognised as holidays in the industry: New Year’s Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day,
Christmas Day, Boxing Day, all proclaimed public holidays for the state and the
annual picnic day of The Australasian Meat Industry Employee’s Union, New South
Wales Branch, of which day one month’s notice shall be given to the employers.
(ii) For all time
worked on Sundays, double rates shall be paid with a minimum payment of four
hours at such rate. Time worked on holidays defined in this clause shall be
paid for at the rate of double time and one-half with a minimum payment of four
hours at such rate.
(iii) All weekly
employees shall be paid for the holidays specified in this clause; provided
that such employees do not absent themselves from work on the working day
preceding or the working day succeeding such holiday and have not ceased work
without permission before normal time of ceasing work on either or both of
these days.
(iv) When such
holidays fall on consecutive days, an employee who works either the working day
preceding or the working day succeeding such holiday, but not on both, shall be
entitled to payment for such holiday closest to the said day on which the
employee works, provided the employee has not ceased work without permission on
such said day.
15. Sick Leave
An employee who, after not less than three months’
continuous service in their current employment with the employer, is unable to
attend for duty during their ordinary working hours by reason of personal
illness or personal incapacity (excluding illness or incapacity resulting from
injury within the Workers’ Compensation Act 1987) received in the said
employment (not due to their own serious and wilful misconduct) shall be
entitled to be paid for such non-attendance the amount of the ordinary-time
rate of pay, subject to the following:
(i) The employee
shall, prior to commencement or as soon as practicable, and not later than
eight hours after commencement of such absence, inform the employer of the
inability to attend for duty and, as far as possible, state the nature of the
illness or incapacity and the estimated duration of the absence.
(ii) The employee
shall prove to the satisfaction of the employer (or, in the event of a dispute,
the Industrial Relations Commission of New South Wales) that the employee is or
was unable on account of such illness or incapacity to attend for duty on the
day or days for which payment under this clause is claimed.
(iii) In any period
of employment, the entitlement to sick pay shall be five days in the first year
of employment and eight days in the second and subsequent years.
(iv) The rights
under this clause shall accumulate from year to year so long as the employee’s
employment continues with the employer, so that any part of the said leave
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of such continued employment.
(v) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer;
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
16. Annual Leave
See Annual Holidays Act 1944.
17. Annual Leave Loading
(i) In this
clause the Annual Holidays Act 1944, is referred to as "the Act".
(ii) Before an
employee is given and takes an 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 the employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance does not apply where an employee takes
an annual holiday wholly or partly in advance - see subclause (vi) of this
clause.)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled 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.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause, at the rate per week of 33 1/3 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 their annual holiday, but shall not include any other
allowances, penalty rates, shift allowances, overtime rates or any other
payments prescribed by this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this
clause, applying the award rates of wages payable on that day.
(vii) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned -
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday, shall be paid the loading calculated in accordance with
subclause (v) of this clause;
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable under
the Act such proportion of the loading that would have been payable under this
clause if the employee had become entitled to an annual holiday prior to the
close-down as the qualifying period of employment in completed weeks bears to
52.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (d) for the period not taken.
(b) Except as
provided by paragraph (i) of this subclause no loading is payable on the
termination of an employee's employment.
(ix) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee has 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.
18. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two 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 as 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
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 25, 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.
(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
subclauses (2), (3), (4), (5) and (6) of the said clause 25.
In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
19. Long Service Leave
See Long Service Leave Act 1955.
20. Jury Service
An employee on weekly hiring required to attend for jury
service during the employee’s ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of the employee’s attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service.
An employee shall notify the employer as soon as possible of
the date upon which the employee is required to attend for jury service. Further, the employee shall give the
employer proof of the employee’s attendance, the duration of such attendance,
and the amount received in respect of such jury service.
21. Protective Clothing and Equipment
(i) Every
employee shall be supplied, according to the nature of their work, with
overalls, boots and gloves; or, if working in a freezing room, a blanket suit,
gloves, freezer boots and suitable head covering and overalls if requested.
Waterproof coats and gum boots shall be
made available.
(ii) The employer
shall provide facilities for the satisfactory drying of clothes between shifts.
(iii) The employer
shall, where necessary, provide rubber boots or safety boots.
(iv) Where wet or
iced conditions prevail, employees shall be required to perform such work as
required to alleviate such conditions, before resumption of work. No employee
will be required to work in unsafe conditions.
22. Labour Flexibility
(i) For the
purpose of increasing productivity and flexibility, as well as enhancing career
opportunities for employees multiskilling may extend, by agreement between the
employer and the majority of employees concerned, to allow the employees to
perform any work in an enterprise within the scope of their skills and
competence.
(ii) Employees
shall perform a wider range of duties, including work which is incidental or
peripheral to their main tasks or functions.
(iii) 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.
(iv) Employees
shall not impose or continue to enforce existing demarcation barriers between
the work covered by this award, provided that it is agreed that the work lies
within the scope of the skill and competence of the employee concerned.
(v) Employees
shall perform such work as reasonable and lawfully required of them by the
employer, including accepting instruction from authorised personnel.
Instructions may go to occupational health and safety issues.
(vi) Employees
shall take all reasonable steps to achieve quality, accuracy and completion of
any job or task assigned to the employee.
23. Consultative Mechanism
The parties to this award are committed to co-operating
positively to increase the efficiency, productivity and international
competitiveness of the Cold Storage industry and to enhance the career
opportunities and job security of employees in the industry.
Enterprises shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
24. Redundancy
(A)
(i) This clause
shall apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
(ii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iii) 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 -
(i) Employers
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that, where this award makes provision for the
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 -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
the introduction of the changes referred to in paragraph (i) of this subclause,
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.
(b) 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 subclause (i).
(c) 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 -
(i) Discussions
Before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone, pursuant to paragraph (a)
of subclause (i) of subclause (B) of this clause, and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as practicable after the employer has made a definite
decision which will invoke the provision of paragraph (a) of this paragraph and
shall cover, any reason for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of any
termination on the employees concerned.
(c) For the
purpose 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 -
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "production", "program", "organisation" or "structure",
in accordance with subparagraph (a) of subclause (i) of subclause (B) of this
clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change - This paragraph sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "technology" in accordance with subparagraph (a) of paragraph
(i) of the said subclause (B):
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) 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
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that, in
such circumstances, the employee shall not be entitled to payment in lieu of
notice.
(ix) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(x) Notice to
Centrelink or the appropriate Government Authority - Where a decision has been
made to terminate the employment of employees, the employer shall notify
Centrelink as soon as possible, giving relevant information, including the
number and categories of the employees likely to be affected and the period
over which the terminations are intended to be carried out.
(xi) Centrelink
Employment Separation Certificate - The
employer shall, upon receipt of a request from an employee whose employment has
been terminated, provide to the employee an Employment Separation Certificate
in the form required by Centrelink.
(xii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause
(i), of this subclause (B) 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 rate for the number of weeks of notice still owing.
(E) Severance Pay -
(i) Where the
employment of an employee is to be terminated pursuant to subclause (v) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the employee the following severance pay in
respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of service
|
Under 45 years of age entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
|
|
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of service
|
45 years of age and over entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
|
|
|
(c) "Week's
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(xiv) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount of severance pay than that contained in subclause (i) of this
subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
paragraph (i) will have on the employer.
(xv) Alternative
Employment - 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
(i) if the employer obtains acceptable alternative employment for an employee.
25. Personal Carer’s Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 15, 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse o r 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.
26. Grievance Procedure
(i) Procedures
Relating to Grievances of Individual Employees -
(a) The employee
is required to 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.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees and the employer
may be represented by an industrial organisation of employers.
(ii) Procedures
Relating to Disputes, etc., Between Employers and their Employees -
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
27. Anti - Discrimination
(i) 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.
(ii) 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
this award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specially 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.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 this 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."
28. Training
(i) The parties
to this award recognise that in order to increase the efficiency, productivity
and international competitiveness of industry, a greater commitment to training
and skill development is required.
Accordingly, the parties commit themselves to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(c) removing
barriers to the utilisation of skills acquired.
(ii) Through
consultation with the employees, or through the establishment of a training
committee, an employer shall develop a training program consistent with:
(a) the current
and future skill needs of the enterprise;
(b) the size,
structure and nature of the operations of the enterprise;
(c) the need to
develop vocational skills relevant to the enterprise and the Cold Store and
Distribution industry.
29. Area, Incidence and
Duration
This award rescinds and replaces the Cold Storage and Ice
Employees (State) Award published 6 September 1996 (294 I.G. 880) and
variations thereof.
It shall apply to employees in ice manufacturies, and in
cold storage works or chambers, persona delivering ice, and carters, grooms,
stablepersons, yardpersons, and drivers of motor or other power propelled
vehicles employed in connection therewith in the State, excluding the Counties
of Northumberland and Yancowinna; excepting engine drivers, firepersons,
greasers, trimmers, cleaners and pumpers, engaged in or about the driving of
engines, and electrical crane, winch and motor drivers; and excepting also employees
at the Council of the City of Sydney.
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) 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.
PART B
MONETARY RATES
Table 1 - Wages
|
Adult Classification
|
Rate of Pay as at
20 February 2001
$
|
Rate of Pay as at
20 August 2001
$
|
|
Employee Grade 1
|
417.30
|
439.70
|
|
Employee Grade 2 (Inside Hand)
|
432.30
|
454.70
|
|
Employee Grade 3 (Forklift Driver)
|
438.10
|
460.50
|
|
Employee Grade 4
|
456.90
|
479.30
|
|
Employee Grade 5
|
469.80
|
492.20
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Rate as at
20 February 2001
$
|
Rate as at
20 August 2001
$
|
|
1
|
7(iii)
|
Meal Allowance
- First Meal
- Subsequent meal
|
8.13
5.12
|
8.69
5.47
|
|
2
|
9(i)
|
Temperature Allowance -
- Minus 18 degrees Celsius
- Between minus 19 degrees and minus 25 degrees - Celsius
- Below minus 25 degrees Celsius
|
0.90 per hour
0.95 per hour
1.35 per hour
|
0.95 per hour
1.01 per hour
1.41 per hour
|
|
3
|
9(ii)
|
Laundry Allowance -
- Overalls
- Freezer suit
|
3.58 per week
8.89 per month
|
3.87 per week
9.61per month
|
J. McLEAY,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.