BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(588)

SERIAL C0119

SAWMILLERS, &c., (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC3611 and 3612 of 2000)

Before Commissioner Cambridge

13 October 2000 and 16 January 2001

REVIEWED AWARD

PART A ¾ APPLICATION AND OPERATION OF AWARD

1. Award Title

This award shall be known as the Sawmillers, &c., (State) Award

2. Arrangement

This award is arranged as follows:

Part A - Application and Operation of Award

Clause No. Subject Matter

1. Award title

2. Arrangement

3. Anti-discrimination

4. Definitions

5. Coverage of award

6. Timber Trade Industrial Association

7. Succession of previous award

Part B ¾ Award Flexibility

8. Facilitative provisions

9. Enterprise flexibility provisions

Part C ¾ Consultation and Dispute Resolution

10. Consultative mechanism and procedure

11. Disputes resolution procedure

Part D ¾ Employer and Employees’ Duties, Employment Relationship and Related Arrangements

12. Employment relationship

13. Employment categories

13.2 Probationary employment

13.3 Full-time employment

13.4 Casual employment

13.5 Part-time employment

13.6 Piecework

13.7 Apprentices

13.8 Juniors

13.9 Trainees

14. Abandonment of employment

15. Emergency provisions

16. Stand down of employees

17. Fire fighting

18. Redundancy

19. Termination of employment

Part E ¾ Wages and Related Matters

20. Wage rates

20.1 Total wage rates

20.2 Rates for apprentices and juniors

20.3 Actual rate of pay

20.4 Imported classifications

20.5 Piecework and incentive work

20.6 Shifting or erecting camp

20.7 Wages paid while travelling and working away

20.8 Arbitrated safety net adjustments

20.9 Time and/or wage books

21. Supported wages system for employees with disabilities

22. Training and skill development

23. Payment by results/incentive work

24. Payment of wages

25. Allowances

25.1 Submerged timber

25.2 Charred timber

25.3 Collecting moneys

25.4 Motor vehicle allowance

25.5 Meals and meal allowances - day workers

25.6 Meals and meal allowances - shift workers

25.7 Camping allowance

25.8 Allowance for first aid employees

25.9 Leading hands

25.10 Damage to clothing, tools and other items

25.11 Protective clothing, footwear and covering

25.12 Allowance for the supply of safety footwear

25.13 Case hardened glasses

25.14 Protective gloves

25.15 Special transport of injured

25.16 Mixed functions allowance

25.17 Travel expenses

25.18 Accident pay

26. Superannuation

Part F ¾ Hours of Work, Breaks, Overtime, Shift Work, Weekend Work

27. Hours - day work

27.1 Ordinary hours of work

27.2 Rate for ordinary hours on Saturday and Sunday

27.3 Hours for watchpersons

27.4 Rostered days off

27.5 Notice of rostered days off

27.6 Flexibility in relation to rostered days off

27.7 Rostered days off - substitute days

27.8 Rostered days off and averaging of pay

28. Breaks - day work

28.1 Alteration of meal breaks

28.2 Payment for work done during meal breaks

28.3 Time for taking meal breaks

28.4 Crib time

29. Overtime, Saturday, Sunday and holiday payments - day work

29.1 Payment for working overtime

29.2 Payment for work on Saturdays

29.3 Payment for work on Sundays

29.4 Payment for work on holidays

29.5 Payment for work on rostered day off

29.6 Watchpersons

29.7 Apprentices

29.8 Requirement to work reasonable overtime

29.9 Rest period after overtime

29.10 Call back

29.11 Standing by

30. Time off instead of overtime payment

31. Make-up time

32. Hours - shift work

32.1 Ordinary hours of work - shift work

32.2 Definitions

32.3 Payment for ordinary shifts

32.4 Rates for ordinary shifts on Saturday, Sunday and public holidays

32.5 Day worker changing to shift work

32.6 Change of shift rosters

32.7 Termination of shift

32.8 Notice of rostered shifts off

32.9 Banking of rostered shifts off

32.10 Rostered shifts off not to coincide with holidays

32.11 Work on rostered shift off

32.12 Daylight saving

32.13 Substitute shift

33. Breaks - shift work

34. Overtime - shift work

34.1 Shift work payments for overtime

34.2 Minimum payment - Saturday, Sunday or holiday

34.3 Non-cumulation of penalties

34.4 Requirement to work reasonable overtime

34.5 Crib breaks

34.6 Rest period after overtime

34.7 Standing by

34.8 Call back

Part G ¾ Leave of Absence and Public Holidays

35. Annual leave

35.1 Period of leave

35.2 Seven-day shift workers

35.3 Annual leave exclusive of public holidays

35.4 Calculation of continuous service

35.5 Successor or assignee

35.6 Calculation of month

35.7 Leave to be taken

35.8 Time of taking leave

35.9 Broken leave

35.10 Leave allowed before due date

35.11 Payment for period of annual leave

35.12 Loading on annual leave

35.13 Proportionate payment on termination

35.14 Close down

35.15 Annual leave flexibilities

35.16 Mixed industries

36. Personal/Carer’s Leave Case - August 1996

37. Sick Leave

38. Bereavement Leave

39. Parental leave

40. Jury service leave

41. Blood Donors

42. Long service leave

43. Public holidays

43.1 Prescribed public holidays

43.2 Day off in lieu of holiday falling on a Saturday or Sunday

43.3 Additional public holidays

43.4 Changing public holidays by agreement

43.5 Rostered day off or accumulated time off falling on a holiday

43.6 Termination within fourteen days of a holiday

43.7 Full-time employees working non-standard hours

43.8 Non-casual part-time workers

43.9 Payment for casual workers working on public holidays

43.10 Absences before or after public holidays

43.11 Mixed industries

Part H ¾ Miscellaneous

44. Copy of the award

45. Notice Board

46. Hygiene and Safety

47. Area, Incidence and Duration

Part I ¾ Monetary Rates

Table 1 ¾ Wages,

Table 2 ¾ Allowances

Appendix A ¾ Harvesting and Environment/Forest Management Sector

Appendix B¾ Milling and Processing Sector

Appendix C ¾ Board, Panel and Veneer Sector

Appendix D ¾ Manufacturing, Furniture and Joinery Sector

Appendix E ¾ Merchandising and Retail Sector

Appendix F ¾ Forest and Building Products (State) Training Wage Appendix

Sawmillers, &c. (State) Industrial Committee - Industries and Callings

3. 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 in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal Jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES:

(a) Employers and Employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

4. Definitions

In this award unless the contrary intention appears:

4.1 Assembler A class means an employee, except where otherwise classified in this award, who in the manufacturing of an article is wholly engaged in assembling prepared pieces of timber or other material used in structural components (which is dressed, morticed, tenoned or otherwise prepared by machining), by clamping, nailing, screwing, gluing or fastening in any way, but who is not responsible for the dimensions of the article other than by checking with gauges or other measuring instruments.

4.2 Assembler B class means an employee, except where otherwise classified in this award, engaged exclusively on repetitive assembly of joinery components on any automatic, semi-automatic or single-purpose machine and whose work may include the repetitive assembling of structural component parts of any article in predetermined positions in which no fitting or adjustment is required, and the attachment of accessories, such as window fasteners, casement stays or balances, to articles in predetermined, prepared positions; provided that no such employee shall be responsible for the setting up of machines or the dimensions of the products.

4.3 Attendant means a person who attends to an electric motor or motors of 30 horsepower or more in the aggregate and performs any duties of oiling, cleaning or attending to commutators, brushes, fuses or switches.

4.4 Bush Sawmills means sawmills not:

(a) within 32 kilometres of the Sydney GPO,

(b) within 32 kilometres of the Chief Post Office of Newcastle, Broken Hill, Port Kembla and Wollongong.

4.5 Carpenter bush means an employee who has not served time to become a tradesperson carpenter, but does carpentry work in building mills and huts.

4.6 Carpenter making stock work means an employee making stock doors not larger than 2.1 metres by 1 metre by 500 mm, double insertion mould, or ledge doors of the same size, stock sashes not larger than 1.8 metres by 1 metre by 38 mm or stock frames for same, ladders, step-ladders, skirt ironing boards, shirt ironing boards, boot cutting boards, pasteboards, clothes horses, fly-wire doors, fly-wire windows, tree guards, dog kennels, wheelbarrows, water closets (other than pedestal seats).

4.7 Estimator means an employee who has served an apprenticeship to any of the building trades or as a draughtsperson who is engaged in preparing cutting lists of timber for use in the manufacture of building components from builders, architects, or other plans.

4.8 Glazier - first class means an employee who is called upon to cut plate, sheet, figured, rolled and other flat class, also structural glass, and to glaze and fit into wood and/or steel and/or metal and to fix structural glass.

4.9 Head faller means an employee who selects timber for falling, exercises supervision over two or more other fallers and/or who sharpens fallers’ saws used in bush operations.

4.10 Kiln Attendant means an employee who attends fires and boilers and reads, records and maintains temperatures.

4.11 Kiln Operator means an employee who operates a drying kiln and is responsible for the temperature reading and records thereof.

4.12 Kiln Supervisor means an employee who has had three years’ experience in kiln drying and who has successfully completed a course of training in the kiln drying of timber and who supervises and/or carries out the whole of the work involved in the kiln seasoning of timber including the preparation of drying schedules and the calculation of moisture content.

4.13 Leading hand means an employee who, while working, has charge or control of any adult person or persons not apprentices and who has been appointed by the employer to take such charge or control. This definition does not apply to engine drivers, firemen or greasers.

4.14 Machinist A Grade means a tradesperson wood machinist who has served the prescribed apprenticeship to wood machining as set out in this or previous awards, or an adult by reason of training for four years or more and experience is, at the time of engagement or subsequent thereto, deemed by the employer to be capable and is willing to perform the work of a tradesperson wood machinist. Work which shall include the work of operating and setting up and/or grinding the knives and cutters of any of the following machines upon which the employee is employed notwithstanding that the employee may not be called upon to perform all such work:

4.14.1 Boult’s carver;

4.14.2 Buzzer and/or jointer (using other than straight knives and cutters);

4.14.3 Cross grainer;

4.14.4 Drum sander (four or more drums);

4.14.5 General joiner;

4.14.6 Lindemann gluer and jointer;

4.14.7 Lock angle machine;

4.14.8 Moulder;

4.14.9 Planer - 3 heads or more (other than box);

4.14.10 Planer, box (four heads or more);

4.14.11 Router, working freehand;

4.14.12 Shaper (other than grooving and/or slotting in box and case making);

4.14.13 Spoke throater;

4.14.14 Tenoner (using scribing irons, other than an automatic tenoner);

4.14.15 Trusser or crozier;

4.14.16 Variety turning on lathes other than automatic lathes;

4.14.17 Dowel machine (multiple type);

4.14.18 Mosaic flooring machine (other than assembling machine);

4.14.19 Wood chipper;

4.14.20 V-line folding machine;

4.14.21 V-grooving machine; and

4.14.22 Panel line machine.

An employee operating any of the machines prescribed in 4.14.1, 4.14.2, 4.14.5, 4.14.6, 4.14.11 and 4.14.12 hereof shall be an "A" grade machinist notwithstanding such employee does not set up and/or grind the knives and cutters.

4.15 Machinist B Grade means an adult employee other than a tradesperson, operating and setting up and/or grinding the knives or cutters of any of the following machines:

4.15.1 Automatic lathe;

4.15.2 Borer (three or more spindles);

4.15.3 Buzzer and/or jointer (using straight knives or cutters);

4.15.4 Copying lathe;

4.15.5 Drum sander (double or triple drums);

4.15.6 Dovetailer;

4.15.7 End matcher, finger jointer and all other male and female profile machines;

4.15.8 Morticer (chain or hollow chisel of any kind or any other);

4.15.9 Planer (one or two heads) other than box;

4.15.10 Planer, box (less than four heads);

4.15.11 Relisher;

4.15.12 Router (working from templates, dies, jigs or fences);

4.15.13 Shaper (grooving and/or slotting in box and case making);

4.15.14 Slicer (box);

4.15.15 Tenoner (other than as provided in "A" Grade above);

4.15.16 Wood wool machine;

4.15.17 Dowel machine (single type);

4.15.18 Pole scarfing (including operator of such machine who also operates a pole boring or pole capping machine);

4.15.19 Microplaner;

4.15.20 Radial head using saws or cutters in the making of component parts for pre-cut buildings or of roof trusses or any other form of trusses;

4.15.21 Wood chipper;

4.15.22 Spiking machine (incisor);

4.15.23 V-line folding machine;

4.15.24 V-grooving machine; and

4.15.25 Panel line machine.

4.16 Measurer means an employee who measures and records dimensions and number of pieces of sawn timber.

4.17 Mixed Industry means an employer’s industry where the work performed by an employee is subsidiary and ancillary to the chief and principal purpose and business of such industry.

4.18 Order in this definition means the demand of a customer or of the employer, or someone on the employer’s behalf, to the orderperson for an expressed size and class or expressed sizes and classes of timber.

4.19 Orderperson means an employee who is responsible for the selection, allotment and measuring of orders for delivery and/or for the execution of orders for delivery.

4.20 Orderperson Class 1 means an employee other than an orderperson elsewhere defined who is capable of selecting, grading and marking basic materials to the best advantage for re-manufacture and from stock for the fulfillment of orders; the employee shall be capable of tallying, measuring and checking before submitting details for cartnote preparation.

4.21 Orderperson Class 2 means an employee in a log sawmill who is responsible for the fulfilling of orders by selection of material for cutting to required sizes and lengths, checking and measuring of completed orders and compiling for dispatch.

4.22 Order/Sales Person means an employee who is capable of performing the work of a Timber Orderperson but who, in addition, is engaged in and responsible for making up and/or executing orders of hardware and/or other building materials which would include the processing of customer payment.

4.23 Responsible Person at Docking Saw means a person in charge of a docking saw and who keeps check of or tallies timber cut at such saw.

4.24 Sawbenches classifications - The following provisions shall apply to log sawmills:

4.24.1 A breaking down bench shall include a circular saw, a band saw, twin saws, horizontal saw or vertical frame saw when any of such saws is used for the purposes of reducing a log to flitches.

4.24.2 A No. 1 bench shall mean any bench which takes flitches from the breaking down bench.

4.24.3 A No. 2 bench shall mean any bench which is fed directly from a No. 1 bench or an edger saw bench, and which is not being used as a picket bench within 4.24.5 hereof.

4.24.4 A No. 3 bench shall mean any bench which is fed directly from a No. 2 bench and which is not being used as a picket bench within 4.24.5 hereof.

4.24.5 A No. 4 bench shall mean a bench on which timber is cut into pickets, lathes, droppers, palings, staves or other small sizes which small sizes do not exceed 7.6 cm by 3.8 cm by 2.7 metres or the equivalent in section by 2.7 metres.

4.25 Saw Doctor means an employee who may be required to manufacture from blank ribbon steel band saws of varying widths and who punches teeth, grinds teeth, swages and sets, hard tips teeth, tensions and levels circular saws, grinds, sharpens and sets circular saws, maintains chain saw chains, hand saws and frame saws and who when required, is responsible for the training of other employees.

4.26 Saw Sharpener means an employee who sharpens, sets and tensions saws only, using either hand or automatic grinding equipment, file setting lever and setting gauge saw sharpener.

4.27 Shiploader means an employee who operates woodchip ship loading equipment and is responsible for overseeing the general operations associated with the loading and who may be required to coordinate the work of other employees engaged in connection with the loading of woodchips onto ships.

4.28 Tallyperson means an employee who, by measuring and calculating quantities keeps an account of timber and does not include one who merely measures lengths of timber or merely counts timber by pieces.

4.29 Training Agreement means an agreement for a Career Start Traineeship that is registered with the appropriate State or Territory training authority or under the provisions of the appropriate State or Territory Legislation.

4.30 Timber Grader means an adult employee who grades timber according to quality into three or more specific grades of saleable timber.

4.31 Union means the Construction, Forestry, Mining and Energy Union, New South Wales.

5. Coverage of Award

5.1 This award applies to the work and persons performing such work as listed in the skill grade structures in the appendices of this award, as described in the definitions and as per the imported classifications of this award. Without limiting the scope of this award it applies to the following types of work in the forest and building products, manufacturing and merchandising sectors and persons performing such work or employed in connection with the following work.

5.2 The following activities are arranged in industry sectors for ease of use. In reality each sector may overlap and include any or all activities from other sectors.

5.2.1 Harvesting and Forestry Management Sector, including - Harvesting timber, processing of harvested timber, operating any machinery or vehicle in connection with harvesting, lifting, processing and transporting timber. Routine maintenance of equipment or vehicle. Preparation of forest for harvesting operations, maintenance of forest during harvesting and activities associated with the rejuvenation of forest during and after harvesting operations. General forestry and forest management work.

5.2.2 Milling and Processing Sector, including - Processing of logs and other forms of raw timber into building timber and other value added products in timber mills, factories, merchant’s premises and other locations. Processing includes, lifting, sorting, stacking, storing, warehousing transporting, debarking, sawing, dressing, drying, machining, laminating, jointing, chipping, treating and carrying out any grading, labelling and clerical functions associated with processing. Operation of any machinery used in processing or in connection with processing including plant and infrastructure and any maintenance associated with such machinery, plant or infrastructure. Assembling and construction of products from processed timber. Supervision, coordination and planning of the processing activities and processing infrastructure.

5.2.3 Panel Products Sector, including - Manufacturing of boards, panels or veneer from timber and timber products. Handle, sort, stack, lift, treat, cut, press, glue, edge, trim, paint, laminate and process in any manner, panel, board or veneer. Transport and store board, panels or veneer. Operate and maintain any or all machinery associated with board, panel or veneer manufacture including manufacturing plant and infrastructure. Plan, setup and assemble products from board, panel or veneer and associated components.

5.2.4 Manufacturing Sector, including - All activities listed in the milling and processing sector. Machining timber in any manner to produce components and articles. Assemble wood components and associated attachments into products. Paint and glaze products. Joinery work. Manufacture frames, trusses, doors, windows and other building products or components. Measure, estimate, design and manufacture products for building and other purposes.

5.2.5 Merchandising and retailing, including - All activities listed in the manufacturing sector. Display, demonstrate, prepare, handle, provide advice and sell timber and timber related products, hardware and building products in wholesale and timber merchant/retail outlets. Activities associated with the importing and wholesaling of timber products. Calculate and process customer orders and deal with customers generally.

5.3 Reference to timber and/or wood in this award without in anyway limiting the ordinary meaning of the words, will also include any artificial or laminated or manufactured material now in existence or hereafter coming into existence from whatever materials made or constructed or manufactured, which is or can be used in the place of wood or timber and worked in a similar manner as wood or timber.

6. Timber Trade Industrial Association

6.1 Timber Trade Industrial Association is exempt from so much of the provisions of this award as is necessary to permit a member of such Association to indenture apprentices to the trade of wood machining in any instance where such member employs tradesperson wood machinists operating, setting up and/or grinding the knives and cutters of a moulding machine with four heads or more and where such member is unable to comply with the provisions of 15.7 of this award.

6.2 Where the employer, in addition to employing one or more tradesperson wood machinists operating, setting up and/or grinding knives and cutters of a moulding machine with four heads or more also employs Wood machinists operating any of the other wood machines mentioned in 15.7 of this award, indentures an apprentice in accordance with the terms of this exemption, the employer shall in addition to instructing, teaching and practicing the apprentice on the moulding machine with four heads or more also instruct, teach and practice the said apprentice on one or more of the other said machines.

6.3 The Association is exempt from so much of the provisions of this award as is necessary to permit a member of such Association with the agreement of the majority of the employees concerned to stand down any such employees without pay for any day they cannot be usefully employed by reason of slackness of trade. If the employees concerned are members of the union and the employees request the employer to notify the union then, subject to the NSW State Branch of the union being notified by registered letter by such employer of the intention at least seven days prior to such employees being stood down, and if the NSW State Branch of the union notifies the employer of its objection to the terms of any such agreement being introduced or continued in operation, the employer shall either not proceed to give effect to the terms of any such agreement or shall discontinue giving effect to its terms not more than two days after being so notified of the union’s objection; provided further an employee whilst stood down without pay in accordance with this exemption may terminate the employment without forfeiture of wages by giving the employer not less than one day’s notice of such termination.

6.4 The Association is exempt from so much of the provisions of this award as will permit the ordinary hours of shift work of any of its members to be worked at such times and on such conditions as may be agreed upon by the majority of the employees concerned, and if a union member is so affected and the member requests it, the employer will seek the approval in writing of the State Branch of the union or in the absence of any such agreement or approval as may be determined by the Industrial Relations Commission of New South Wales.

7. Succession of Previous Award

This award shall supersede all previous awards and orders of the Commission relating to the employment of employees in the industries covered by clause 6 - Coverage of award, of this award by employers named herein but no right, obligation or liability accrued or incurred under any such previous award or order shall be affected hereby.

PART B ¾ AWARD FLEXIBILITY

8. Facilitative Provisions

8.1 Agreement to vary award provisions -

8.1.1 A facilitative provision is that part of an award clause which enables the enterprise, through the enterprise consultative mechanisms and procedures in the workplace, to determine the manner in which that clause may be applied at the enterprise.

8.1.2 This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level. The facilitative provisions are identified in 8.2.1, 8.3.1 and 8.4.1 hereof.

8.1.3 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached through the consultative mechanism as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor will they result in unfairness to an employee or employees covered by this award.

8.2 Facilitation by individual agreement -

8.2.1 The following facilitative provisions can be utilised upon agreement between an employer and an employee provided that the agreement complies with 8.2.2, 8.2.3(a) and 8.2.3(b) hereof:

Subject	Clause

Variation to hours - part-time employment	13.5.2
Time off instead of overtime payment	30
Make-up time	31.1
Annual leave - time of taking leave	35.8
Annual Leave - broken leave	35.9
Annual leave flexibilities	35.15.1

8.2.2 Records kept - The agreement reached must be recorded in the time and wages records kept by the employer in accordance with Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.

8.2.3 Union involvement -

8.2.3 (a) Union representation - If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

8.2.3 (b) Union participation - The union, where applicable, must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

8.3 Facilitation by majority or individual agreement -

8.3.1 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it or the employer and an individual employee.

Subject	Clause

Payment of wages	24.1, 24.2, 24.4.2
Hours of work
- method of arranging ordinary working hours	27.1.1
- variation to spread of hours for day workers	27.1.1
- ordinary hours of work for day workers on weekends	27.1.3
Hours of work
- starting and finishing times	27.1.4
Rostered days off	27.4.1
Rostered days off - substitute days	27.7.2(a)
Breaks - alteration of meal breaks for day workers	28.1
Time off instead of overtime payment	30
Hours - shift work	32.1.3
Changing public holidays	43.4

8.3.2 Majority agreement - Where agreement has been reached with an individual employee or the majority of employees in the workplace or a section or sections of it to implement a facilitative provisions in 8.3.1 hereof, the employer may not implement that agreement unless it complies with 8.2.2, 8.2.3(a), 8.2.3(b) and 8.5 hereof.

8.4 Facilitation by majority agreement -

8.4.1 The following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it.

Subject	Clause

Meal breaks	28.1
Ordinary hours of work - shift workers	32.1.1
Night shift - averaging of shift allowances	32.3.6
Annual leave - close down	35.14.1

8.4.2 Where agreement has been reached with the majority of employees in the workplace or a section or sections of it, to implement a facilitative provision in 8.4.1 hereof that agreement will be binding on all such employees, provided the requirements of 8.2.2, 8.2.3(a), 8.2.3(b) and 8.5 hereof have been met.

8.5 Additional safeguard - The additional safeguard requires that the union, where applicable, which is party to the award and which has members employed at an enterprise covered by the award, shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

8.6 Majority vote at the initiation of the employer - A vote of employees in the workplace or a section or sections of it, taken in accordance with 8.3 or 8.4 hereof to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.

8.7 Dispute over facilitation - In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 11 - Disputes resolution procedure, of this award.

9. Enterprise Flexibility Provisions

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:

9.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

9.2 For the purpose of the consultative process the employees may nominate the union or another person to represent them.

9.3 Where agreement is reached an application shall be made to the Industrial Relations Commission of New South Wales.

PART C ¾ CONSULTATION AND DISPUTE RESOLUTION

10. Consultative Mechanism and Procedure

10.1 At each enterprise covered by the award the employer and employees and, if appropriate an appropriate representative including the union, where applicable,, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clauses 8 - Facilitative provisions, 9 - Enterprise flexibility provisions and 22 - Training and skill development, which they agree would assist in achieving and maintaining co-operative workplace relations and mutually beneficial work practices.

10.2 The employer shall permit a noticeboard to be erected in the plant, or each part of a plant, to facilitate communication between employees and/or their union representatives, where applicable.

11. Disputes Resolution Procedure

11.1 A procedure for the avoidance and resolution of disputes will apply in all enterprises covered by this award. The mechanism and procedures for resolving industrial disputes will include, but not be limited to the following:

11.1.1 The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop steward or delegate of their union, where applicable.

11.1.2 Where the shop steward or delegate is involved that person shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.

11.1.3 If the mater is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official, where applicable, to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

11.1.4 The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials, where applicable.

11.1.5 If the matter remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a more senior union official, where applicable, to be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales of New south Wales for assistance in resolving the matter.

11.2 In order to facilitate the grievance and dispute settling procedure:

11.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.

11.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.

11.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.

11.2.4 Union delegates, where applicable, who will be involved in dispute resolution will be allowed to be trained in order to assist the employee to settle disputes as per this clause. The union, where applicable, must arrange for suitable training and apply in writing with a minimum of six weeks notice (or less amount by agreement) for up to five days leave with pay each calendar year, non-cumulative. Leave of absence granted pursuant to this clause shall count as service for all purposes. The time of taking leave shall be arranged so as to minimise any adverse effect on the employer’s operations.

11.3 While the parties are attempting to resolve the matter, the parties will continue to work in accordance with this award unless the employee has a reasonable concern about an imminent risk to the employee’s health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to health or safety, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

PART D ¾ EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

12. Employment Relationship

12.1 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.

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

12.3 Any direction issued by an employer pursuant to 12.2 and 12.3 hereof shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

13. Employment Categories

13.1 Employment during the first two weeks shall be from day to day at the weekly rates prescribed except in the case of re-engagement within one month after the termination of a previous service of the employee under the employer.

13.2 Probationary employment -

13.2.1 Notwithstanding 13.1 hereof, an employer may also initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.

13.2.2 A probationary employee is for all purposes of the award a full-time or part-time employee.

13.2.3 Probationary employment forms part of an employee’s period of continuous service for all purposes of the award, except where otherwise specified in this award.

13.3 Full-time employment - Subject to 13.1 hereof, all employees except those engaged in piecework or as casual employees shall be employed on a weekly engagement (unless otherwise specified in the award) subject to the following terms:

13.3.1 An employee shall perform such work as the employer shall from time to time require on the usual days and within the prescribed hours. An employee’s ordinary rate of pay shall not be reduced until the expiration of seven days’ notice of transfer to a lower grade of work, as prescribed by 25.7.3 of this award.

13.4 Casual employment -

13.4.1 A casual employee is one engaged and paid as such and shall include a casual employee engaged to perform shift work.

13.4.1(a) Employees engaged as casual employees may be engaged for a period of up to twelve weeks. Such casual employment may be extended for a further period by agreement between an employer and an employee concerned.

13.4.1(b) An employee shall not be engaged as a casual employee to avoid any obligation of this award.

13.4.1(c) The agreement to extend the period of casual employment shall be recorded in the time and wages record. Where no agreement and record of agreement occurs, a casual employee employed for more than twelve weeks shall be a full-time or part-time employee depending upon the number of hours worked each week.

13.4.2 -

13.4.2(a) Where casual employees agree to remain in casual employment beyond the 12 week period specified in 13.4.1 above, the ration of such casual employees to permanent employees shall not exceed one to ten (or part thereof).

13.4.2(b) The ratio specified in 13.4.2(a) may be varied by agreement between the employer and the majority of employees. However, where the union has members employed at the enterprise, the union must be given a reasonable opportunity to participate in negotiations before any decision is made.

13.4.3 A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work performed plus a loading of 20% in lieu of annual leave, sick leave and public holidays provided that a casual employee will be afforded a minimum start of 4 hours on any day.

13.4.4 Except as expressly provided for, all other provisions of this award apply to casual employees.

13.5 Part-time employment -

13.5.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less then 38 hours per week.

13.5.2 Before commencing part-time employment, the employee and employer must agree upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work.

13.5.3 The terms of the part-time work agreement may be varied by consent, or in the absence of agreement pursuant to clause 11 - Disputes resolution procedure, of this award.

13.5.4 The terms of the part-time work agreement, or any variation to it, shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

13.5.5 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift, or as otherwise agreed in accordance with clause 8 - Facilitative provisions, of this award.

13.5.6 A part-time employee shall be paid for each hour worked 1/38th of the weekly award wage prescribed by this award for the grade of work performed.

13.5.7 A part-time employee who works in excess of the daily hours fixed by agreement between the employer and the employee shall be paid overtime in accordance with clause 29 - Overtime, Saturday, Sunday and holiday payments - day work, of this award.

13.5.8 Leave provisions

13.5.8 (a) A part-time employee shall be entitled to annual leave and sick leave in accordance with this award in proportion to ordinary hours worked.

13.5.8(b) Where the normal paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.

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

13.6 Piecework

13.6.1 Definition - For the purposes of this award, a pieceworker shall mean an employee who is not a weekly employee but who is engaged to work away from the employer’s mill, yard or other place of business in or in connection with felling, snigging, hauling or other obtaining of logs, billets, chips or other timber at rates of remuneration depending only on the amount of work performed, irrespective of the hours or times concerned.

13.6.2 Remuneration - The remuneration payable to a pieceworker shall be fixed by agreement between the employee and the employer at rates which would enable such an employee of average capacity to earn, for an ordinary week’s work, not less than 25% above the appropriate weekly base rate for the class of work performed.

13.6.3 Chainsaw and other additional costs -

13.6.3 (a) Pieceworkers who, with the concurrence of the employer, supply, operate and maintain their own chain saws shall be reimbursed for the supply of such equipment as per this clause.

13.6.3 (b) All Pieceworkers will be reimbursed for all costs incidental to and directly connected with piecework in one of the following methods as agreed between the employer and the employee concerned:

13.6.3 (b)(i) incorporating the costs into the piecework rate;

13.6.3 (b)(ii) by calculating the costs and applying an additional flat rate or percentage rate to the piecework rate;

13.6.3 (b)(iii) by reimbursement of the actual amount involved.

13.6.4 Agreement not being reached - In the event of disagreement on any piecework rate, allowance or cost incurred, the matter may be referred for determination by the Industrial Relations Commission of New South Wales.

13.6.5 Only the following clauses of this award apply to pieceworkers:

Accident pay	25.18
Annual leave	35
Fire fighting	17
Disputes resolution procedure	11
Parental leave	39
Payment of wages	24
Piecework	13.6
Protective clothing, footwear and covering	25.12
Transport of employees on termination of employment	19.4
Wage rates	20

13.6.6 Shifting haulers - Pieceworkers shall be paid at the award rate plus 25% for time occupied shifting haulers from one landing to another except in cases where the piecework rates are arranged to include time occupied in shifting haulers.

13.6.7 Sleepers - loading and turning - When sleepers are being inspected whilst they are being loaded into trucks by pieceworkers and, at the request of the employer or of a Government inspector or of the buyer, the sleepers are turned for inspection or reinspection, the loaders shall receive turning rates whilst turning such sleepers and loading rates whilst loading such sleepers.

13.6.8 Measurement of logs - All logs felled or hauled at piecework rates shall be measured or weighed at the mill landing or elsewhere by agreement. Particulars of the logs so measured or weighed shall be given to the pieceworker at least once a fortnight unless otherwise agreed upon by the employer and employee and such particulars shall set out the name of the mill supplied, the name of the employee, the date, the brand, the length, the girth or the weight or the cubic meterage of such logs scaled according to the prevailing practice. Provided that in respect of measuring red gum logs an agreement may be entered into between the State Branch of the union, where applicable, and employers.

13.6.9 Subsistence allowance -

13.6.9(a) The employer will make every reasonable effort to ensure that the logs are not unduly delayed by stockpiling in the bush. Where logs are stockpiled in excess of fourteen days in the bush the pieceworkers affected may be paid, by agreement, a subsistence allowance (subs) based on the estimated tonnage of the logs in the pieceworkers’ pile agreed to between the pieceworkers and the employer.

13.6.9(b) If the actual tonnage turns out to be greater than or less than the estimated tonnage after weighing, an adjustment shall be made for the differences in the employee’s next pay or otherwise as agreed to between the employer and the employee concerned.

13.6.10 Royalty payment - Where timber is obtained from Crown Lands or private property, the employer shall pay any royalty charged on the timber. Where the employee obtaining the timber pays royalty on behalf of the employer such royalty shall be paid by the employer to the employee in addition to piecework rates.

13.6.11 Payslips - In lieu of clause 24, Payment of Wages, the employer shall supply in writing to each piecework employee the following information:

13.6.11(a) Tonnes cut - Saw log - Pulp log.

13.6.11(b) Classification.

13.6.11(c) Gross pay.

13.6.11(d) The nature and amount of all allowances paid.

13.6.11(e) The nature and amount of all deductions.

13.6.11(f) Taxation.

13.6.11(g) Nett pay.

13.6.11(h) Adjustments.

13.6.11(i) Conversion factor tonnes/metre.

13.6.11(j) Date of payment.

13.6.11(k) Any leave entitlements.

13.6.12 Exemption rate for piecework -

13.6.12(a) Except in respect to 13.6.3 and 13.6.4 hereof, the provisions of this award shall not apply to a piecework employee whose rate of remuneration would enable such employee of average capacity to earn, for an ordinary weeks’ work, not less than 50 per cent above the appropriate award weekly time for the class of work performed.

13.6.12(b) Such exemption rate provisions shall only apply with the agreement of the employee concerned and, if a member of the union, with the State Branch of the union.

13.7 Apprentices -

13.7.1 Supervision and training - An employer will ensure that each apprentice has appropriate arrangements made at an enterprise level to meet the apprentices’ training requirements and adequate access to and supervision from tradespersons has been arranged.

13.7.2 Wages

13.7.2(a) The minimum rates of weekly wage to be paid to apprentices shall be as prescribed in clause 20 - Wage rates, of this award.

13.7.2(b) The provisions of any statute, award or regulations relating to the attendance of apprentices at technical schools during ordinary working hours shall not be deemed to be inconsistent with this award.

13.8 Juniors -

13.8.1 The employer may employ unapprenticed juniors in any position which they are competent to carry out subject to this clause.

13.8.2 A junior cannot carry out the position of sawyer, dovetailing machinist in boxmaking and machinist to any other machine not listed in 13.8.3.

13.8.3 A junior may be employed:

(a) as a machinist on the following machines, provided that appropriate training and instruction has been provided to the junior:

(i) any box machine (other than dovetailing), dowel machine, embossing machine, rumbler or washing machine;

(ii) in furniture factories, sandbelt. Sand drum, sand dolly, boring machine, dowel driving machines and routing machine (working from a template, die or gauge).

(b) In making of plywood:

(i) operating taping machines, as a tailer out of plywood or veneer, or feeders or tailers out on glue rolls or sand papering machine.

13.8.4 A junior under 18 years of age must not be employed as a leverperson or pulling out on saw benches.

13.8.5 Without limiting the effect of this clause a junior may carry out any position covered by this award so long as:

(a) the Employer has first consulted the Union, where applicable, with regard to its intention to train and engage the junior in the specific position. The Union may not unreasonably withhold consent;

(b) the Junior has been provided with the appropriate training, including safety, to operate the relevant machinery;

(d) the applicable statutory instrument does not preclude the Junior from operating the machine in question.

13.8.6 A junior employee assessed under clause 13.8.5 as competent to operate machinery not listed under clause 13.8.3 shall not be paid less than the amount payable under this award to an adult employee similarly employed.

NOTE: In engaging juniors employers must take account of the specific occupational health and safety needs of new and young employees. For assistance contact your employer organisation, the Union of WorkCover.

13.9 Trainees -

Refer Appendix F - Forest and Building Products (State) Training Wage Appendix.

14. Abandonment of Employment

Notwithstanding anything elsewhere contained in this clause:

14.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and notification to the employer shall be prima facie evidence that the employee has abandoned the employment.

14.2 Provided that if within a period of fourteen days from the last attendance at work or the date of the last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of the employer that the employee was absent for reasonable cause, the employee shall be deemed to have abandoned the employment.

14.3 Termination of employment by abandonment in accordance with this clause shall operate as from the date of the last attendance at work or the last day’s absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer whichever is the later.

15. Emergency Provisions

15.1 Notwithstanding anything elsewhere contained in this award the following provisions shall apply in case of an employer who through no fault of its own is subjected to restriction or rationing in the use of electric energy and/or coal gas and/or the emergency disconnection thereof in accordance with orders, regulations or notices approved by the lawful authority. In the case of an employer who is unable to resume normal operations immediately after the cessation of such restrictions, rationing or disconnection, the operation of these following provisions shall be extended for a period not extending beyond:

15.1 (a) Should notification of the cessation be received between midnight on Friday and noon on Thursday in any week - 7.00 a.m. on the following Saturday.

15.1 (b) Should notification of the cessation be received between noon on Thursday and midnight on Saturday in any week - 7.00 a.m. on the Saturday in the following week.

15.1 (c) If by any reason of such restriction, rationing or disconnection the employer is unable to usefully employ an employee for the whole or part of any day or shift, the employer may deduct from the wages of that employee payment for any part of the day or shift such employee cannot be usefully employed provided that:

15.1 (c) (i) if an employer requires the employee to attend for work but is not able to be employed usefully the employee shall be entitled to be paid for two hours’ work;

15.1 (c) (ii) where an employee commences work the employee shall be entitled to be paid for four hours’ work;

15.1 (c) (iii) this clause shall not apply to apprentices.

15.1 (d) Subject to 15.1 (g) hereof the employer may require any day worker to perform the ordinary hours of work (or any such ordinary hours of work) at any time on any day other than on a Sunday on the basis of an average of 38 hours per week. The following rates of pay shall apply for such work:

15.1 (d) (i) for work performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays from 7.00 a.m. to noon - ordinary time;

15.1 (d) (ii) for work performed between noon and midnight on Saturdays - ordinary rates plus 25%;

15.1 (d) (iii) for work performed at all other times - ordinary rates plus 10%.

Provided that when a worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m., the amount received shall not be less than an amount of 50 cents more than the amount that would have been received if paid at ordinary day rates.

15.1 (e) The employer may require any shift worker to perform hours of work at any time other than on a Sunday on the basis of an average of 38 hours per week. The following rates of pay shall apply for such work

15.1 (e) (i) for day or shift work - ordinary time;

15.1 (e) (ii) for work performed between noon and midnight on Saturdays - ordinary rates plus 25%;

15.1 (e) (iii) for afternoon and night shifts - ordinary rates plus 10%.

Provided that when a shift worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. the amount received shall not be less than an amount of 50 cents more than the amount that would have been received if paid at ordinary rates.

15.1 (f) Nothing contained in this clause shall operate so as to reduce the shift premiums payable to employees who were shift workers working on afternoon and night shifts only at the date of such interference as aforesaid and who continue to work on such shifts.

15.1 (g) A day worker or a shift worker shall be allowed a rest period of eight hours between the completion of one shift or spell of duty and the commencement of the next unless, as a result of a mutual arrangement between the employer and the majority of the employees concerned, a lesser period than eight hours is agreed to. If in the absence of an agreement an employee is required to commence a shift or a spell of duty without having been granted the rest period allowed, the employee shall be paid at double time rates until such hours are agreed to. If in the absence of an agreement an employee is required to commence a shift or a spell of duty without having been granted the rest period allowed, the employee shall be paid at double time rates until such time as the allowed rest period is granted. This clause shall have no application in cases where in circumstances of normal working a shift worker could be required without the payment of penalty rates to work two successive shifts without a break or with a break of less than eight hours.

15.1 (h) The employer may alter the time at which meal breaks are usually taken and/or the duration of them, in order to avoid or mitigate the effect of such interference, without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual and that a meal break of at least 20 minutes is allowed. Provided also that the employer shall, whenever it is practicable, consult with the representative of the union, where applicable, before acting under this clause.

15.1 (i) The employer may, by agreement with an employee, allow to such employee the whole or any part of the annual leave prescribed by this award without being liable to give such employee the notice normally required for that purpose.

15.2 Notwithstanding anything elsewhere contained in this award, the provisions of this clause shall also apply with the necessary changes in points of detail in the case of an employer who uses an auxiliary power plant for the purpose of providing employment for the employees whilst such a restriction or rationing or emergency disconnection is in force and who:

15.2 (a) Is unable to usefully employ an employee for the whole of any day or shift by reason of a breakdown in such plant through no fault of the employer; or

15.2 (b) Because of the inability of the auxiliary power plant to meet the normal demands for power:

15.2 (b) (i) finds it necessary to require any employee to perform the ordinary hours of work (or any of such ordinary hours of work) outside the hours normally worked by such employee; or

15.2 (b) (ii) finds it necessary to alter the time at which meal breaks are usually taken and/or the duration of them.

15.3 Leave is reserved to the parties to apply in this matter upon two days’ notice in writing.

16. Stand Down of Employees

The employer may deduct payment for any full day the employee cannot be usefully employed because of any strike or because of any breakdown of machinery or because of any other stoppage of work for any reasonable cause subject to the following provisions:

16.1 The onus of proving reasonableness of the causes shall be on the employer.

16.2 Where a standdown continues beyond one week, the employee may terminate the employment without notice or forfeiture of a week’s wages.

16.3 The employer advises the union, where applicable, of the commencement time and possible duration of the standdown.

16.4 Subject to any employee in the bush and in bush sawmills and in log sawmills outside cities and towns being ready, willing and available to work, nothing in this clause shall authorise deduction of payment for any time lost because the employee is prevented from working on account of rain, hail, snow, flood or bushfire or on account of a shortage of logs when such shortage is due to rain, hail, snow, flood or bushfire.

17. Fire Fighting

Employees required under the control of the Forestry Commission of NSW to fight bushfires shall be determined by the provisions of the NSW Bush Fires Act and other relevant State Acts.

18. Redundancy

(i) Application -

(a) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(b) 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.

(c) 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 casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change -

(a) Employer’s duty to notify -

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer’s duty to discuss change -

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this 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.

(iii) Redundancy -

(a) Discussions before terminations

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub-paragraph (i) of paragraph (a) of subclause (ii) of above and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of sub-paragraph (i) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination 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 workers 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.

(iv) Termination of Employment -

(a) Notice of Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii) (a) above award.

(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice

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

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

(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(b) Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii) (a) (1) above:

(1) In order to termination the employment of an employee the employer shall give to the employee 3 months notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

(f) Notice to Commonwealth Employment Service - 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.

(g) Department of Social Security Employment Separation Certificate - The employer shall upon receipt of a request from an employee whose employment has been terminated provided to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

(h) Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

(v) Severance Pay -

(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Under 45 Years of Age	Years of Service Age Entitlement

Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and Over Entitlement

Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(3) ‘Weeks Pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

(b) Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (i) above will have on the employer.

(c) Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above if the employer obtains acceptable alternative employment for an employee.

(vi) Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

19. Termination of Employment

Subject to the provisions of subclause 13.2, and clauses 14, Abandonment of Employment and 16, Stand down of Employees, the following provisions relating to termination shall apply:

19.1 Notice of termination by employer -

19.1.1 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

Up to 1 year	At least 1 week
More than 1 year and up to the completion of 3 years	At least 2 weeks’
More than 3 years and up to the completion of 5 years	At least 3 weeks’
More than 5 years	At least 4 weeks’

19.1.2 In addition to the notice in 19.1.1 hereof, 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.

19.1.3 Payment in lieu of the notice prescribed in 19.1.1 and/or 19.1.2 hereof 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.

19.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had employment not been terminated shall be used.

19.1.5 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, pieceworkers, special workers, support staff, apprentice or employees engaged for a specific period of time or for a specific task or tasks.

19.1.6 For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by 35.4 of this award.

19.2 Notice of termination by employee -

19.2.1 The notice of termination required to be given by an employee shall be the same as that required of any employer, save and except that there shall be no additional notice based on the age of the employee concerned.

19.2.2 If an employee fails to give notice, the employer has the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice

19.3 Time off during notice period - Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

19.4 Transport of employees on termination of employment - Where means of transport to the bush or bush sawmills is provided by the employer, on the termination of service of an employee, the employee, the employee’s family and goods and chattels shall be transported within 48 hours of receipt by the employer of notice that such transport is required, and the employee shall be reimbursed the cost of such transport if not provided by the employer. But an employee shall not be entitled to free transport on a route along which the public is regularly transported for payment; on the other hand the employee shall not be charged a rate on such route in excess of that regularly charged to the public.

PART E ¾ WAGES AND RELATED MATTERS

20. Wage Rates

20.1 Total wage rates -

20.1.1 The total wage rates for persons working under this award are set out in Table 1 of Part I.

20.1.2 Comparative Table

No. Classification	Classification
	Level /Rate Per
	Week

I. Assembler

(a) Class A (as defined) 4

(b) Class B (as defined0 3

2. Assisting in Assembler wall frame and roof trusses 2

3. Assemblers wall and roof trusses 3

4. Assistant in setting up jig for standard "A" roof trusses 3

5. Axeman

(d) Adzeman 5

(e) Axeman employed using chopping axe taking off bark and bumps

from logs for use in veneer mills 2

6. Boxes, crates and/or cases:

(a) Breaking up 2

(b) Cleaning and/or steaming 2

(f) Splicing machinist 2

(g) Printing machinist 2

(h) Munitions ¾ ammunition box manufacture ¾ employees not 2

(i) Lacing and writing machinist 2

(h) Nailing machinist 2

(i) Multiple

(a) Up to and including 12 tracks 2

(b) Over 12 tracks 2

(ii) Other 2

(i) Cleating or stitching machinist 2

(d) Wire bound box making machinist 3

(e) Hoop ironing and/or wiring (bench hand) 3

(f) Making and/or repairing (manual) 3

(g) Sorting, crating and/or stacking cardboard boxes and/or cardboard

cases 1

(h) Reconditioning cardboard boxes and/or cardboard cases 3

(i) Slitter/slotter maching using cardboard 2

7. Bulk bin maker 2

8. Cable drum and/or reel maker, assembler and/or finisher 3

9. Cable drum nailing machinist, 1 metre and over 3

10. Carpenter and/or joiner (imported classification)

11. Carpenter, non trades (as defined)

(inclusive of tool allowance) 4

- Victoria (other than TMA) 4

- South Australia 4

12. Chain saw operator (other than faller) 3

13. Charcoal wood cutter 2

14. Chip conveyor operator 3

15. Chip screen attendant 3

16. Chip tester 3

17. Crane attendant or dogperson (imported classification) 3

18. Debarker operator (a) Mechanical 3

(b) Hydraulic 4

19. Dogger (see classification 70(f) (6))

20. Driver:

(a) Bullock team, bush 4

(b) Caterpillar or similar type of logging tractor engaged in

logging and/or ancillary operations 5

bucket or splitting

attachment, with lifting capacity:

1. Up to and including 4500 kg 4

2. Over 4500 kg and up to & including 13500 kg 4

3. Over 13500 kg 5

(d) Winch 4

(e) Where two or more forklifts or cranes are engaged on any one lift the

driver thereof shall be paid $1.55 per day for each day so occupied

21. Drivers (Imported Classification)

22. Elevator and/or piler man in connection with stacking or unstacking timber 2

23. Estimator (as defined) 5

24. Faller who works along, selects trees and sharpens own saws 4

25. Faller other 4

26. Faller, head (as defined) 5

27. Faller, pine plantation (see classification 64 (a)) 2

28. Firewood cutter 2

29. Floor surfacer 3

30. Forwarder log handling machine 5

31. Gatekeeper (Imported Classifications

32. Glazier

(a) First class-(Imported Classification)

(b) All others 4

33. Gluer

(a) Edge Band: 4

operator in charge of

(b) High Frequency

Operator in charge 4

34. Grader/timber (as defined) 3

35. Grinder whose principal duty is grinding knives and cutters

(a) Tradesman 5

(b) Other 3

36. Immunising or impregnating plant operator:

(a) Cold borax pressure treatment 3

(b) Hot borax non-pressure treatment 3

pressure treatment 4

(d) Hot creosote pressure treatment (minimum pressure 1380 kpa) 4

37. Kiln operator (as defined) 4

38. Kiln supervisor (as defined) 5

39. Labourer, experienced (as defined) 2

40 Laminated beam maker:

(a) Responsible for setting up machine, setting out product and operating machine:

(i) On continuous process 5

(ii) Other 4

(b) Assistant or other operator 3

41. Landing builder or repairer 2

42. Loading or turning sleepers over 1.5m long 2

43. Log Yard Utility Person 3

44. Log gantry operator (South Australia only) 3

45. Logperson, river (as defined) 2

46. Log cabin manufacture:

(i) Log preparing machine operator 4

(ii) Assistant log preparing machine operator 3

(iii) Module fabricator 5

47. Log skidder, pneumatic tyres 5

48. Log yardperson or skidperson 2

49. Machinist (Woodworking)

(i) "A" Grade (as defined) 5

(ii) "B" Grade (as defined) 3

(iii) "C" Grade - means an adult employee, other than a tradesperson, operating

any of the following machines, who shall be paid the wage rate assigned thereto:

(a) Sander,belt polisher 3

(b) Moulder 3

and "B" Grades except the machines

referred to in (a), (b), (e), (f), (k) and 2

(i) of "A" Grade

(d) Borer less than three spindles 2

(e) Compo machine moulding (NSW 9 only ) 2

(f) Truss jib and/or press (other than setting) 2

setting)

50. Mill waste chipper attendant 3

51. Moulding, finisher 4

52. Offsider to forklift driver where offsider is required to work at a height

above 2.7 metres 2

53. Offsider to logging tractor or bulldozer driver 3

54. Operator employed on gluing jibs and/or cramps for the laminating of veneers or timber for ribs, frames or spars for aircraft or marine work and for girders, beams and trusses for constructional work (except employees covered by Appendix "D") 4

55.

(a) Operator employed on gluing jibs and/or cramps for laminating, fabricating or assembling of timber or plywood or veneers or other materials (except covered by classification 59 or by Appendix "D") 3

(b) Operator of door and/or panel routing and drilling machine 3

(c)

(i) Operator of punching and notching machine, preparing metal components to be fitted to doors and/or panels by mechanical means 2

(ii) Employees fitting metal components to doors and/ or panels by mechanical

means 3

(d)

(i) Operator of door and/or panel trimming machine where the

operator is required to set up such machine and grind the

knives and cutters 5

(ii) Operator of door and/or panel trimming machine where the operator

is required to grind the knives and cutters 3

(iii) Operator of door and/or panel trimming machine where the

operator is not required to set up such machine nor to grind

the knives and cutters 2

(iv) Operator of tree harvester 4

(v) Operator of grapple saw 5

(e) Operator - Woodtex Manufacturing Pty Ltd only

(i) Batching and mixing plant 4

(ii) Spanlock press 4

(f) Operator in charge of wall frame fabricating machine

(i) Computerised numerically controlled "Hurn/Wadkin" 5

(ii) Manually controlled (see also classification 1A) 4

(g) Operator in charge of mechanical stress grader 4

56. Operator of bucker - limber - buncher machine (LOGMA) 4

57. Operator of water treatment plant (Harris Daishowa Aust) 3

58. Orderperson (as defined) 3

59. Orderperson

(a) Class 1 (as defined) 4

(b) Class 2 (as defined) 4

60. Order salesperson 4

61. Pallet maker 3

62. Pine plantation employees:

(a) Faller 3

(b) Loader trimmer and employee cutting logs 2

63. Pole dresser (excluding broad axeman and/or adzeman) 4

64. Pole handler 3

65. Post pointer 2

66. Primer (by any method) 2

67. Pulpwood cutter and/or splitter 2

68. Rigger or tree climber 5

69. Sanitary person 4

70. Sawing employees

(a) Sawyers:

1. Log band sawyer 5

2. Log cross cut circular sawyer (chip industry) 3

3. Sawyer who breaks down logs and cuts timber to an

accurate size 5

4. Stave cutting sawyer 4

5. Sawyer who breaks down logs but does not cut timber to

an accurate size 4

6. Flitching frame sawyer 3

7. No. 1 Benchperson 5

8. No. 2 Benchperson 4

9. No. 3 Benchperson 3

10. No. 4 Benchperson 2

11. Gang frame sawyer 3

12. Power driven crosscut sawyer other than dockerman 3

13. Roller re-cut band sawyer using blade over 75mm in width 4

14. Roller re-cut band sawyer using blade not over 75mm in

width if the sawyer is ever required to braze and sharpen

own saw 4

15. Roller re-cut band sawyer using blade not over 75mm in

width if not brazing or sharpening own saw 3

16. Circular sawyer if cutting a depth of or over 190mm 4

17. Circular sawyer if cutting a depth of under 190 mm 3

18. Edger sawyer to log band sawyer 4

19. Sawyer who breaks down small logs over 750mm but under 2.7

metres in length and not over 300mm in diameter but who does

not cut out planks to finished sizes for use in the manufacture of

boxes and cases 3

20. Sawyer cutting timber 75mm or over received from sawyer in

19. hereof 3

21. Sawyer cutting timber less than 75mm received from sawyer

in 19. and 20. hereof 3

22. Breaking down small logs not over 750mm long and not over

300mm in diameter for use in the manufacture of boxes

and cases 3

23. Frame sawyer 3

24. Detail band or jig sawyer if the sawyer is ever required

to braze or sharpen own saw 4

25. Detail band or jib sawyer if not brazing or sharpening

saw 3

26. Sawyer cutting detail 4

27. Sawyer preparing timber for moulding machine (other than

vertical, flat or deep cutting) 3

28. Cross-cut sawyer, cabinet, furniture or joinery work 3

29. Cross-cut sawyer in box and case factories 2

30. Cross-cut sawyer not provided for elsewhere herein 2

31. Case or box bench sawyer flatting off up to 51mm in

thickness 2

32. Sawyer using Symonsen log turner - 20 cents per day additional

to ordinary rate

33. Edge-truing multiple sawyer who is required to set up 4

34 Edge-truing multiple sawyer who is not required to set up 3

35. Edge-truing multiple sawyer using chipper attachment who

is required to set up 4

36. Edge-truing multiple sawyer using chipper attachment who

is not required to set up 3

37. Multiple saw edger hydraulic or air 4

38. Multiple cross-cut sawyer, excluding dockerman who is

required to set up saws 3

39. Multiple cross-cut sawyer, excluding dockerman who is

not required to set up saws 2

40. Horizontal band saw using adjustable table - Vic 4

- S.A. 4

41. Horizontal band saw not using adjustable table - Vic 3

- S.A. 3

42. Multiple trimmer operator 3

43. Operator panel and wall saws 2

(b) Dockerperson

1. Dockerperson where two or more docking saws:

(i) Responsible person (as defined) 3

(ii) Other 3

2. Dockerperson (whether tallying or not) where only one

docking saw 3

3. Docker computerised (optimiser) 4

4. Docker automatic 3

(d) Header-in (feeder) re-cut band saw 2

(e) Leverperson 3

(f) Pullers-out:

1. Puller-out No. 1 bench or breast bench on which logs are broken down and timber sawn to finished sizes:

(i) Single-handed on dead or manually operated roller 3

(ii) On dead or manually operated roller where not

single-handed 3

(iii) Power-driven (other than manual power) or

friction feed 3

2. Puller-out No. 2 bench:

(i) Single-handed on dead or manually operated

roller 3

(ii) On dead or manually operated roller where not

single-handed 3

(iii) Power-driven (other than manual power) or

friction feed 3

3. Puller-out or assistant No. 3 bench 3

4. Puller-out on log band saw edging saw, roller re-cut band saw using blade of or over 75mm in width or circular saw cutting depth of over 190mm 3

5. Puller-out - circular saw cutting depth of under 190 mm and length over 1.05

metres except on saws flatting off 3

6. Puller-out, dogger or wedger-up - any breaking down saw 3

7. Puller-out on log band saw also operates a flitching saw

(Tasmania Board Mills) 4

(g) Setter on saw carriages 2

(h) Sorter, board line 3

(i) Mechanical size operator 3

71. Saw doctor (as defined) 6

Saw makers:

72.

(a) Sawsmith or saw hardener and temperer 5

(b) Anvil person, breaking down 5

(d) Cutter-or-knife-maker i.e. an employee required to make a knife

from beginning to end 4

73. Saw sharpening/Saw maker 4

74. Deleted

75. Shiploader 5

76. Spar or plant road builder 2

77. Splitting machine, log, operator 3

78. Spotter at spot mills 4

79. Spray gun (paint) operator (one coat other than prime coat) 2

80. Spray gun (paint) operator (two coats or more) 3

81. Spray painting machine operator 3

82. Stacker, block of timber and/or plywood and/or veneer

83. Stacker, for seasoning by means of stripping ort other recognised method 2

84. Automatic stacking machine operator 4

85. Storeperson and/or packer (Imported Classification

86. Tailer-out, moulder or planing machine: 3

(a) Checking timber & docking out faults 3

(b) Other 3

87. Tallyperson (as defined) 3

88. Timber bender

(a) By hand 3

(b) Operating machine 3

equipment and operates machine 4

89. Timber Traverser Operator 3

90. Tradesperson’s assistant 3

91. Tree climber or rigger 5

92. Trellis maker 2

93. Truss, setter of jig (see also classification 51 (iii) (f) 5

94. Water dogperson (as defined) 3

95. Weighbride attendant 5

96. Wood flour bagging machine operator 3

97. Wood flour sifting plant operator 4

98. Wood turner, using hand tools 5

20.1.3 A full description of the skills and competencies for each skill level are found in the industry sector appendices in the appendix area of the award.

20.1.4 Employees working within the skill grade structures of this award are to perform a wider range of duties including work which is incidental or peripheral to their main task or functions.

Subject to agreement at the enterprise level, employees are to undertake training for the wider range of duties and for access to higher levels.

The parties will not create barriers to advancement of employees within the award structure or through access to training

20.2 Rates for apprentices and juniors - The method of calculating the weekly rates for apprentices and juniors, or the actual rates themselves, are as set out below.

20.2.1 Apprentices - The minimum rates of weekly wage to be paid to apprentices shall be as follows:

Apprentices (other than Saw Doctor apprentices).

	Percentage of award rate for
Year of apprentice	Skill Level 5
	%
First	50
Second	60
Third	75
Fourth	90
20.2.2 Saw doctor apprentices -
	Percentage of award rate for
	Skill Level 6
	%
First	50
Second	60
Third	75
Fourth	90

20.2.2(a) Where an apprentice is under the age of 21 years on the expiry of the apprenticeship, the apprentice shall be paid at not less than the adult rate prescribed for the skill level on which the employee is employed.

20.2.3 Unapprenticed juniors - The minimum rates of weekly wage to be paid to unapprenticed juniors shall be as follows:

	Percentage of
Year of age	award rate for
	Skill Level 2
	%
16	40
17	55
18	70
19	85
20	100

20.2.4 Adjustment of rates for apprentices and juniors - Rates shall be calculated in multiples of 5 cents, amounts of 2 cents or less being taken to the lower multiple and amounts in excess of 2 cents being taken to the higher multiple.

20.3 Actual rate of pay - Actual rate of pay is defined as the total amount an employee would normally receive for performing the employee’s 38 hours of ordinary work. Provided that such rate shall expressly exclude overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowance, and any other ancillary payments of a like nature. Provided further that this definition shall not include production bonuses and other methods of payment by results which by virtue of their basis of calculation already produces the results intended by this clause.

20.4 Imported classifications - The rates of pay prescribed for various classes of occupations indicated hereunder shall be as prescribed for such classes of occupation in the locality concerned by the award or determination indicated hereunder and such rates of pay shall be deemed to be altered in like manner and from the same operative date whenever any alterations are made to the relevant rates prescribed for such occupations in the locality concerned by the award or determination indicated hereunder as in force from time to time.

No Classification	Award/Determination
3. Carpenter and/or joiner (inclusive of tool	Joiners (State) Award
Allowance
8. Glazier - first class	Glass Workers (State) Award
Glass Workers (State) Award
13. Storeperson and/or Packer (NSW)	Storeperson and Packers - Not
	Elsewhere Included (State) Award

20.5 Piecework and incentive work -

20.5.1 The total minimum award rate prescribed by this clause shall not apply to employees remunerated under any system or method of payment by results and who are subject to the provisions of clause 23 - Payment by results/incentive work, of this award or to piecework employees subject to the provisions of 13.6 of this award.

20.5.2 The weekly rates for the purposes of clause 23, Payment by results/incentive work, or subclause 13.6 of this award, shall be the base rate prescribed herein for the classification in which the employee is engaged.

20.6 Shifting or erecting camp - An employee employed in shifting or erecting camp or assisting therein or in clearing the site for a camp shall be paid at ordinary rates for the time so employed.

20.7 Wages paid while travelling and working away - The following applies to weekly employees (other than bushworkers):

20.7.1 Daily travel - An employee who on any day or from day to day is required to work at a job away from the employee’s usual place of work shall, at the direction of the employer, attend for work at such place at the usual starting time, but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from home to the employee’s usual place of work and returning) shall be paid for such time spent travelling at the rates outlined in 20.7.3 (a) hereof.

20.7.2 Change of residence - An employee:

engaged in one locality to work in another; or

sent, other than at the employee’s own request, from the employee’s usual locality to another for employment which can reasonably be regarded as permanent;

involving a change of residence shall be paid travelling time whilst necessarily travelling between such localities for a period not exceeding three months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding six months.

20.7.3 Travelling time while on distant work

20.7.3(a) An employee sent from the usual locality to another (in circumstances other than those prescribed in 20.7.1 hereof) and who is required to remain away from the employee’s usual place or abode shall be paid travelling time whilst necessarily travelling between such localities.

20.7.3(b) The rate of pay for travelling time shall be ordinary rates, except on Sundays and holidays when it shall be time and a half. The maximum travelling time to be paid for shall be twelve hours out of every 24 hours, or where a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.

20.7.4 Travelling time and conditions - bushworkers other than pieceworkers -

20.7.4(a) Each employee in the bush shall have a fixed starting place which shall be the existing starting place.

20.7.4(b) New Starting places in the bush shall be fixed by agreement between the employer and the employees, as per clause 8 of this award.

20.7.4(c) When an employee has a fixed starting point in the bush the employee shall be paid at ordinary rates for all time occupied in travelling between the starting place and the work and for all the time in excess of half an hour back from the work to the starting point.

20.8 Arbitrated safety net adjustments - Subject to 20.5 hereof the arbitrated safety net total minimum award rate shall be paid for all purposes of this award.

20.8.1 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.

20.9 Time and/or wage books -

20.9.1 The employer shall keep at each site covered by this award or at a nearby office which is part of the employer’s business premises, a time and/or wage book or sheets or cards.

20.9.2 The wage book must be consistent with Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.

21. Supported Wages System for Employees With Disabilities

21.1 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:

21.1.1 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.

21.1.2 Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessment of an individual’s productive capacity within the Supported Wage System.

21.1.3 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.

21.1.4 Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

21.2 Eligibility criteria -

21.2.1 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.

21.2.2 The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ rehabilitation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

21.2.3 This 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 under s.12A of the Disability Services Act, or if a part only has received recognition, that part.

21.3 Supported wage rates -

21.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according the following schedule:

Assessed capacity	% of prescribed award rate
(refer to clause 21.4)

10%*	10%
20%	20%
30%	30%
40%	40%
50%	50%
60%	60%
70%	70%
80%	80%
90%	90%

Provided that the minimum amount payable shall be not less that $50 per week.

Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

21.4 Assessment of capacity - For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

21.4.1 the employer and a union, where applicable, in consultation with the employee or, if desired by any of these;

21.4.2 the employer and an Accredited Assessor from a panel agreed by the parties to the award and the employee.

21.5 Lodgement of assessment instrument -

21.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.

21.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union, where applicable, is not a party to the assessment, it shall be referred by the Registrar to the union, where applicable, by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

21.6 Review of assessment - The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

21.7 Other terms and conditions of employment - Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of 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.

21.8 Workplace adjustment - An employer wishing to employ a person under the provision of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

21.9 Trial period -

21.9.1 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 twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

21.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

21.9.3 The minimum amount payable to the employee during the trial period shall be no less than $50 per week.

21.9.4 Work trials should include induction or training as appropriate to the job being trialled.

21.9.5 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 21.4 hereof.

22. Training and Skill Development

22.1 Following proper consultation in accordance with clause 10, Consultative mechanism and procedure, which may include the establishment of a training committee, an employer shall develop a training program consistent with:

22.1.1 the current and future skill needs of the enterprise;

22.1.2 the size, structure and nature of the operations of the enterprise;

22.1.3 the need to develop vocational skills relevant to the enterprise and the forest and forest products industry through courses conducted by accredited educational institutions and providers.

22.2 Where it is agreed a training committee be established it shall include employer and employee representatives. The role of the training committee shall be clearly set out and shall include:

22.2.1 formulation of a training program and availability of training courses and career opportunities;

22.2.2 recommending individual employees for training and reclassification; and

22.2.3 monitoring and advising management and employees regarding the ongoing effectiveness of the training.

22.3 Where, as a result of consultation referred to in 22.1 hereof including with the employee concerned, it is agreed that additional training should be by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave. This shall not prevent the employer and employee(s) agreeing to paid leave for other relevant training.

22.4 Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

22.5 Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

23. Payment By Results/Incentive Work

23.1 This clause shall not apply in respect of pieceworkers employed in accordance with subclause 13.6 of this award.

23.2 Subject to the employee receiving at least the appropriate award rate for work performed, an employer may remunerate any weekly employee under any system of payment by results based on rates which will enable employees of average capacity to earn at least 12.5% in excess of the appropriate weekly base rate. Such employees shall be termed incentive workers for the purposes of this award.

23.3 Where an employee works part of a full week at incentive worker rates and part at time rates, the employee shall be paid so much as is entitled to receive for work as an incentive worker and the proportionate amount to which the employee is entitled under this award for work at the appropriate award time rates of pay.

23.4 The union, where applicable, may apply to the Industrial Relations Commission of New South Wales for correction or regulation of any rate or rates payable to incentive workers under any system of payment by results.

23.5 An employee who works as an incentive worker shall be paid as follows for such work outside the ordinary hours fixed in accordance with clause 27 - Hours - day work, of this award:

23.5.1 Where time and a half is payable to time workers, half the appropriate award time rate in addition to incentive rates for work performed.

23.5.2 Where double time is payable to time workers, appropriate award time rate in addition to incentive rates for work performed.

23.5.3 Where double time and a half is payable to time workers, time and a half appropriate award time rate in addition to incentive rates for work performed.

23.6 An incentive worker shall be paid at the appropriate award rate when entitled to payment for a public holiday on which the employee is not required to work and at the same rate when entitled to sick leave, bereavement leave or jury service leave. Payment for annual leave shall be at the rate prescribed by subclause 35.11 of this award.

24. Payment of Wages

24.1 All wages shall be paid weekly except where agreement is reached between the employer and the majority of employees in the workplace, when wages may be paid weekly, fortnightly or four weekly. Agreement in this respect may also be reached between the employer and an individual employee.

24.2 Method of payment

24.2.1 By agreement between the employer and the majority of employees in the workplace, wages shall either be paid by cash, cheque or electronic funds transfer into the employee’s bank (or other recognised financial institution). Agreement in this respect may also be reached between the employer and an individual employee.

24.2.2 Where it is agreed that wages shall be paid via electronic funds transfer (EFT) to the employee’s bank account, wages shall be made available for employee’s withdrawal no later than the close of business, from the nominated bank, on the day such wages are due.

24.3 Absences from duty -

24.3.1 Where the method of payment involves an averaging of payments, an employee absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers’ compensation, bereavement leave, jury service, or any paid absence authorised by the employer, shall for each day so absent lose average pay for that day calculating by dividing the average weekly wage rate by five.

24.3.2 An employee who is so absent from duty for part of a day shall lose average pay for each hour or part thereof the employee is absent calculated at the employee’s hourly rate.

24.4 Time of payment -

24.4.1 Wages shall be paid not later than two days following the expiration of the pay period and in any case not later than Friday.

24.4.2 Where wages payable in cash are not paid during working hours and the majority of employees request payment of wage during the meal break or crib time then such payment of wages shall be made during such meal break or crib time.

24.5 Late payment - Where an employee is kept waiting for wages for more than fifteen minutes after ceasing time on any pay day or for more than fifteen or 30 minutes as the case may be as provided in 24.8 hereof, the employee shall be paid at overtime rates for three hours or until the hour of payment, whichever shall first occur if payment be made on the day of default and if payment be not made on that day shall in addition be paid at overtime rates for all ordinary working hours between the end of the day of default, and the day of payment provided that this penalty shall not exceed payment as for 38 hours.

24.6 Details of pay - On or prior to pay day the employer shall state to each employee in writing the following information:

• day of payment;

• period covered by such payment;

• the amount of wages for work at ordinary rates;

• the number of hours paid at overtime rates and the amount paid;

• the nature and amount of all allowances paid;

• the nature and amount of deductions;

• any annual leave, public holidays or sick leave payments; and:

• the gross and net amount of moneys paid.

24.7 Payment of average pay on termination of employment - In the case where by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle and who is paid average pay and who has not taken the day off due to the employee during the work cycle in which the employment is terminated, the wages due to that employee shall include the total of credits accrued during the work cycle. Where the employee has taken a day off during the work cycle in which the employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

24.8 Payment of wages upon termination -

24.8.1 Upon termination of the employment after the prescribed period of notice of termination has been given by either the employer, or the employee or where the period of notice is dispensed with in accordance with the provisions of 19.1 of this award, all moneys which are legally due shall be paid to the employee at the usual place of payment within fifteen minutes of the ceasing time on the day of termination of the employment, provided that if the usual place of payment be at the work in the bush, then such payment shall be made within 30 minutes of the usual ceasing time on the day of the termination of the employment at the usual place of payment.

24.8.2 Should the employment be otherwise terminated the employer may retain any moneys legally due to the employee no later than the expiration of the pay period.

25. Allowances

In addition to the weekly rates set out in clause 20 - Wage rates of this award, the following allowances shall be paid:

25.1 Submerged timber - Employees carrying off rafts or sunken punts or carrying or handling on any raft, punt, wharf or dump, timber which has recently been submerged and is in a wet condition therefrom shall be paid an allowance as set out in Item 1 of Table 2 of Part I of this award.

25.2 Charred timber - Employees handling or cutting charred timber shall be paid a minimum allowance as set out in Item 2 of Table 2 of Part I of this award in excess of their actual rate of pay when the disabilities associated with handling or cutting such timber are unusually dirty or objectionable.

25.3 Collecting moneys - Employees who are required to collect moneys (excluding not negotiable cheques), on behalf of the employer and/or the employer’s client upon delivery of goods shall be paid the collecting moneys allowance prescribed by the Transport Industry (State) Award.

25.4 Motor vehicle allowance -

25.4.1 An employee who, by agreement with the employer, uses the employee’s own motor vehicle on the employer’s business shall be paid a motor vehicle allowance as set out in Item 3 of Table 2 or Part I of this award.

25.4.2 Where an employee uses the employee’s own motor vehicle with the approval of the employer for travelling to and from a job away from the usual place of work the employee shall be paid the motor vehicle allowance prescribed by 25.4.1 hereof in respect of the distance by which the trip exceeds the distance that the employee normally travels in going to and from the usual place of work.

25.5 Meals and meal allowances - day workers -

25.5.1 An employee required to work overtime for two hours or more without being notified the day before that the employee will be so required to work shall either be supplied with a meal by the employer or paid an allowance as set out in Item 4 of Table 2 of Part I of this award for the first meal and for each subsequent meal after each further four hours’ overtime where the employee is required to continue working after each four hours but such payment need not be made to employees living in the same locality as their place of employment who can reasonably return home for meals.

25.5.2 Unless the employer advises an employee on the previous day that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

25.5.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee shall be paid as above prescribed for the meal or meals provided.

25.6 Meals and meal allowances - shift workers -

25.6.1 An employee required to work overtime for two hours or more without being notified the day before that the employee will be so required to work shall either be supplied with a meal by the employer or paid an allowance as set out in Item 4 of Table 2 of Part I of this award for the first meal and for each subsequent meal after each further four hours’ overtime where the employee is required to continue working after each four hours but such payment need not be made to employees living in the same locality as their place of employment who can reasonably return home for meals.

25.6.2 Unless the employer advises an employee on the previous day that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

25.6.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee shall be paid as above prescribed for the meal or meals provided.

25.7 Camping allowance - An employee who is required by the employer to camp shall be paid a camping allowance as set out in Item 5 of Table 2 of Part I of this award for each working day on which the employee camps as aforesaid with a maximum payment per week as set out in Item 6 of Table 2 in Part I of this award. Provided that an employee working with other employees not covered by this award will be paid the camping allowance (if any) prescribed by the award, order or determination (federal or State) for the majority of such employees.

25.8 Allowance for first aid employees -

25.8.1 In factories, shops, workshops or places where an employer has appointed an employee who holds a certificate as a first aid attendant an additional allowance as set out in Item 7 of table 2 of Part I of this award for each week in which three days or more have been worked shall be paid to such employee and such amount shall be payable in addition to any amounts paid for annual leave, sick leave and public holidays provided that this allowance shall not be subject to any premium or penalty additions.

25.8.2 Provided that nothing in this clause shall be taken as meaning that an employer shall be required to make such an appointment.

25.9 Leading hands - In addition to the award rate prescribed by this award, a leading hand supervising two to six employees shall be paid an allowance as set out in Item 8 of Table 2 of Part I of this award and for more than six employees an allowance as set out in Item 9 of Table 2 of Part I of this award..

25.10 Damage to clothing, tools and other items - Compensation must be made to the extent of any damage sustained where in the course of the work clothing, tools, spectacles, hearing aids and dentures are damaged or destroyed by fire or corrosive substance. Provided that the employer’s liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee’s duties. Provided further that this clause shall not apply to an employee who is entitled to compensation under any workers compensation or any other Act in respect of damage to clothing or tools, spectacles, hearing aids and dentures.

25.11 Protective clothing, footwear and covering -

25.11.1 Allowance for the supply of clothing - If an employee is required to work in the rain or in wet conditions, the employer will reimburse employees the cost of suitable wet weather, waterproof clothing with suitable wet weather footwear, and the replacement cost on a wear and tear basis to such employee. The provisions of this paragraph do not apply where the above clothing and footwear are provided by the employer.

25.11.2 The employer will reimburse employees the cost of protective headwear for all employees employed in or in connection with falling or logging operations in the bush or while working under overhead cranes. The provisions of this paragraph do not apply where such protective headwear are provided by the employer.

25.11.3 For an employee who is required to handle wet or chemically treated timber, glue and glued materials, and painted materials the employer will reimburse employees the cost of such protective footwear and suitable protective clothing including gloves and apron. The provisions of this paragraph do not apply where the above clothing and footwear are provided by the employer.

25.11.4 For an employee who is required to carry bags of cement or who handles timber by hand the employer will reimburse employees the cost of suitable protective clothing such as an protective apron and gloves. The provisions of this paragraph do not apply where the above clothing are provided by the employer

25.11.5 For Saw sharpeners, Saw doctors or Saw doctor apprentice, the employer will reimburse such employees the cost of two pairs of overalls per annum. The provisions of this paragraph do not apply where the above clothing is provided by the employer.

25.12 Allowance for the supply of safety footwear -

25.12.1 The employer will reimburse employees the cost of one pair of safety boots/shoes to each employee and thereafter on a replacement basis the cost of such footwear. The provisions of this paragraph do not apply where the above protective footwear is provided by the employer.

25.12.2 The terms of this clause will not apply to an employee in circumstances where by the relevant legislation or applicable safety standard the nature of work performed by the employee does not warrant the wearing of safety footwear.

25.13 Case hardened glasses - The employer will reimburse an employee who requires prescription lenses to be case hardened the amount necessary to have the prescription lenses case hardened.

25.14 Protective gloves - Where an employee is performing manual tasks, such as the handling of timber, metal, cable or other materials, the employer will reimburse such employees for the cost of protective gloves. The provisions of this paragraph do not apply where the above gloves are provided by the employer.

25.15 Special transport of injured - In the event of an injury to an employee requiring medical attention that cannot be provided by the employer or on the employer’s premises, the employer will reimburse the employee the cost of transporting such employee to the nearest hospital or doctor at which or by whom the employee is to be treated, if such transport is not provided by the employer.

25.16 Mixed functions allowance -

25.16.1 An employee engaged for more than two hours during one day or shift on duties carrying a higher minimum rate of wage than that at which the employee is usually employed, the employer will pay an allowance to ensure that the employee will receive remuneration equal to the higher rate for the time so worked.

25.16.2 For the purpose of this clause the work carrying a higher rate need not be performed during a continuous period but shall be based on the aggregate of the time worked during a particular day or shift.

25.16.3 Where an employee is transferred, without having received at least seven days’ written notice, to a grade of work carrying a lower minimum rate of wage than that at which the employee is usually employed, the employee shall be paid during such seven days or any less time so employed, the rate of wage the employee was receiving for the work usually performed.

25.17 Travel expenses - The following apply to weekly employees:

25.17.1 Work away from usual place of employment - An employee who on any day or from day to day is required to work at a job away from the employee’s usual place of work shall at the direction of the employer attend for work at such place at the usual starting time and will be reimbursed for any fares reasonably incurred in excess of those normally incurred in travelling between the employee’s home and usual place of work.

25.17.2 Change or residence - An employee:

engaged in one locality to work in another; or

sent, other than at the employee’s own request, from the employee’s usual locality to another for employment which can reasonably be regarded as permanent;

involving a change of residence shall be reimbursed, whilst necessarily travelling between such localities, for expenses for a period not exceeding three months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding six months. Provided that such reimbursement of expenses shall cease after the employee has taken up permanent residence or abode at the new location.

25.17.3 Expenses while on distant work - An employee sent from the usual locality to another (in circumstances other than those prescribed in 25.17.1 hereof) and who is required to remain away from the employee’s usual place or abode shall whilst necessarily travelling between such localities be reimbursed expenses whilst so absent from the usual locality.

25.17.4 Definition of expenses - Expenses for the purpose of this clause means:

all fares reasonably incurred;

reasonable expenses incurred whilst travelling shall include the meal allowance as prescribed in 25.5 and 25.6 hereof;

an allowance to cover the cost incurred for reasonable board and lodging.

25.18 Accident pay -

25.18.1 From the commencement of this award should an employee meet with an accident at the place of employment and is subject to and qualifies for compensation under the Workers' Compensation Act 1987, such employee shall have the amount received by way of compensation increased by the employer to the amount of the usual award weekly rate ruling at the time of such accident. The payment made by the employer shall be limited to a maximum period of 39 weeks.

25.18.2 For the purpose of this clause place of employment to a weekly employee shall include on the way to work and on the way home from work.

25.18.3 For the purpose of this clause a casual employee’s "place of employment" shall include travelling directly from or to their place of employment.

25.18.4 Casual employees make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid is the normal weekly rate of pay.

26. Superannuation

26.1 Definitions - In this clause, unless the contrary intention appears:

26.1.1 Employee means an employee who is eligible to be a member of the union.

26.1.2 The Fund shall mean:

26.1.2(a) the Timber Industry Superannuation Scheme (TISS), as amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

26.1.2(b) an alternative superannuation scheme existing within a company conforming to the Commonwealth Government’s operational standards for occupational superannuation and which is agreed to by the union, where applicable. The union, where applicable, will not unreasonably withhold its agreement to any such scheme being recognised; or

26.1.2(c) The Australian Superannuation Savings Employment Trust (A.S.S.E.T.) as established by Trust Deed and Rules on 14 October 1987.

Any dispute arising in relation to this issue shall be referred to the Industrial Relations Commission of New South Wales for determination.

26.1.3 Ordinary time earnings means the award classification rate (including supplementary payments where relevant), overaward payments and shiftwork loadings (where relevant). In relation to piecework employees, ordinary time earnings shall mean the base rate plus 25%.

26.1.4 Union means the Construction, Forestry, Mining and Energy Union.

26.2 Employer contribution to superannuation -

26.2.1 Subject to 26.2.1(d) hereof an employer bound by this award shall contribute to the Fund in respect of each employees as follows:

26.2.1(a) Superannuation legislation

26.2.1(a)(i) As from 1 July 1992, contribution payments for full-time adults, part-time employees, juniors and apprentices and casual employees will be in accordance with superannuation legislation.

26.2.1(a)(ii) The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints Act 1993. The legislation, varied from time to time, governs the superannuation rights and obligations of the parties.

26.2.1(b) Payment of contributions - Contributions under this clause are to be determined in respect of the pay period ending in a calendar month and become due and payable on the last day of that calendar month and shall be forwarded to the administrators of the Fund not later than fourteen days after the end of the month or in accordance with the administration arrangements applying to the Fund generally.

26.2.1(c) Proof of contributions - The amount of contributions paid in accordance with 26.2.1(a) hereof will be included in pay advice notices provided by the employer to each employee or in a manner to be agreed in writing between the employer and the employee.

26.2.1(d) Nothing in this award will require any employer to contribute to the Fund in respect of an employee:

26.2.1(d)(i) in respect of whom the SGA does not require that the contributions be paid; or

26.2.1(d)(ii) an amount greater than the amount an employer would be required to pay in respect of that employee under the SGA.

26.3 Unpaid absences -

26.3.1 An employer shall not be required to make a contribution on behalf of an employee who is absent from work without pay and the employer’s contribution in any week on behalf of such an employee will be reduced by a proportionate amount.

26.3.2 An employee who is absent from work:

26.3.2(a) due to a compensable work related injury as determined by the relevant State Legislation; and

26.3.2(b) for an aggregate period not exceeding 39 weeks for any one injury such absence will be a paid absence for the purpose of this award.

26.4 Employee contributions -

26.4.1 Subject to the rules of the Fund, employees of a respondent employer who may wish to make contributions to the Fund additional to those being paid pursuant to 26.2.1(a) of this award, shall be entitled to do so. Such employees may either forward their own contribution directly to the Fund Administrators or, where it is practicable to do so, authorise the employer to pay into the Fund from the employee’s wages, amounts specified by the employee.

26.4.2 Additional employee contributions to the Fund forwarded by the employer at the employee’s request shall be subject to the following conditions:

26.4.2(a) The amount of contribution shall be expressed in whole dollars.

26.4.2(b) Employees shall have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months’ written notice to the employer. Provided that by agreement with the employer, employees may vary their additional contribution in extenuating circumstances at other times.

26.5 Employer bound by other schemes -

26.5.1 If at any time, after the commencement of this award, the employer becomes bound by an award of any industrial tribunal or by a registered industrial agreement or by legislation to contribute to another superannuation scheme other than the Fund, then the employer’s liability to make employer contributions in respect of that eligible employee shall be reduced by the amount of the contribution the employer makes or is required by the award or registered industrial agreement or legislation to make to the other scheme from the date the employer makes or becomes bound to make payments to the other scheme.

26.5.2 Any disputes in relation to this clause will be referred to the Industrial Relations Commission of New South Wales for determination.

PART F ¾ HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

27. Hours ¾ Day Work

27.1 Ordinary hours of work -

27.1.1 Ordinary hours of work shall be worked as provided for in clause 8, Facilitative provisions, of this award or, in the absence of agreement, between the hours of 6.30 a.m. and 6.00 p.m. Monday to Friday in one of the following manners:

27.1.1(a) 38 hours within a work cycle of one week;

27.1.1(b) 76 hours within a work cycle of two weeks;

27.1.1(c) 114 hours within a work cycle of three weeks; or

27.1.1(d) 152 hours within a work cycle of four weeks.

Different methods of implementation of a 38-hour week may apply to various groups or sections of employees in the establishment concerned.

27.1.2 Where employees are employed in a mixed industry (as defined) their hours of work shall be uniform with those prevailing in such industry.

27.1.3 Where agreement exists through the consultative process established under clause 8¾ Facilitative provisions, of this award the ordinary hours of work can be worked on any day of the week, Saturday and Sunday inclusive.

27.1.4 The usual starting and finishing time once fixed may be altered in accordance with clause 8 ¾ Facilitative provisions, of this award.

27.2 Rate for ordinary hours on Saturday and Sunday - Ordinary hours of work performed on a Saturday shall be paid for at time and a half and on a Sunday at double time.

27.3 Hours for watchpersons -

27.3.1 A watchperson may be employed on the basis of 152 hours in a four week cycle provided that not more than 48 hours may be worked in any one week or 80 hours in a fortnight without payment for overtime.

27.3.2 Subclause 27.1 hereof shall not apply to a watchperson.

27.4 Rostered days off -

27.4.1 Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree, as provided for in 8 - Facilitative provisions, of this award to establish a system of RDO to provide that:

27.4.1(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

27.4.1(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

27.4.1(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 by the employee at times mutually agreed by the employer, or subject to reasonable notice by the employee or the employer.

27.4.2 Subclause 27.4.1 hereof is subject to the employer informing each union 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, where applicable, to participate in negotiations.

27.4.3 Once a decision has been taken to introduce an enterprise system of RDO flexibility, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Regulations 131A - 131R of the Industrial Relations Regulations.

27.4.4 An employer shall record RDO arrangements in the time and wages book as prescribed in 20.9 of this award and inspection of this award, at each time this provision is used.

27.5 Notice of rostered days off - In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.

27.6 Flexibility in relation to rostered days off - By agreement between the employer and an employee rostered days off may be accumulated (banked) up to a maximum of five days and shall be entitled to be taken in a manner agreed upon between the employer and the employee prior to the first of such days accumulating.

27.7 Rostered days off - substitute days

27.7.1 Rostered day off not to coincide with holiday - In cases where, by virtue of the arrangement of the ordinary hours of work, the employee is entitled to a day off during the work cycle, the weekday to be taken off shall not coincide with a holiday fixed in accordance with clause 41 - Public holidays, of this award.

27.7.2 Substitute days -

27.7.2(a) An employer and an employee or the majority of employees may by agreement as provided for in 8, Facilitative provisions, of this award, substitute the day the employee or employees concerned are to take off during a work cycle for another day.

27.7.2(b) An apprentice who is required to attend trade school on a rostered day off shall be entitled to a substitute day as soon as practicable following the attendance at trade school.

27.7.3 Work on a rostered day off - Unless a rostered day off is substituted for another day off in accordance with 27.6 and 27.7.2 hereof work performed on the rostered day off will be paid in accordance with clause 29, Overtime, Saturday, Sunday and holiday payments - day work.

27.8 Rostered days off and averaging of pay -

27.8.1 For enterprises implementing a system of RDOs based on a nineteen day month consistent with this clause or in an enterprise where RDOs based on a nineteen day month exist the following system of averaging pay will apply:

27.8.1(a) Averaging of pay over four weeks for all ordinary hours worked so that in the week during which an employee takes a rostered day off there is no reduction in pay.

27.8.1(b) Under this system each person works eight ordinary hours of work each day for nineteen days in any four-week cycle. An amount of pay equivalent to 0.4 hours of pay is "held over" for each day an employee is at work or absent from work on paid leave such as sick leave, workers compensation, bereavement leave, jury service or public holidays. This amount will be used to pay for the RDO during the week the employee takes a rostered day off.

28. Breaks - Day Work

28.1 Alteration of meal breaks - In any establishment where the ordinary hours of work are worked on the basis of four days of eight ordinary hours each and one day of six ordinary hours in a weekly work cycle, by agreement between the employer and the majority of employees concerned as provided for in clause 8, Facilitative provisions, of this award the six ordinary hour day may be worked without a lunch break.

28.2 Payment for work done during meal breaks - All work done during an employees lunch break shall be paid for at double time rates of pay. For work performed thereafter until a lunch break is allowed time and one half rates shall be paid.

28.3 Time for taking meal breaks - One hour or such other time as may be agreed upon shall be allowed for a lunch break provided that an employee shall not be required to work more than five ordinary hours without a break for a meal.

28.4 Crib time -

28.4.1 Outside ordinary hours

28.4.1(a) An employee working overtime on the instruction of the employer, shall be allowed a crib time of twenty minutes without deduction of pay after each four and one half consecutive hours of overtime worked if the employee continues to work after such crib time.

28.4.1(b) Unless the period of overtime is two hours or less, an employee shall be allowed a meal break of twenty minutes before starting overtime after working ordinary hours, which shall be paid for at ordinary rates.

28.4.1(c) An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

28.4.2 Saturdays

28.4.2(a) An employee working overtime on a Saturday shall be allowed a crib time of twenty minutes without deduction of pay after each four and one half hours of overtime worked if the employee continues work after such crib time.

28.4.2(b) Provided that where a day worker on a five day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

28.4.3 Sundays and public holidays - An employee working on a Sunday or public holiday shall be allowed a crib time of twenty minutes without deduction of pay after each four and a half hours of work, if the employee continues work after such crib time. Provided that where a day worker is required to work on a Sunday or public holiday the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

29. Overtime, Saturday, Sunday and Holiday Payments - Day Work

29.1 Payment for working overtime

29.1.1 All time worked by employees outside the spread of hours prescribed in clause 27, Hours - day work, of this award, or in excess of the ordinary daily number of hours prescribed therein, shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

29.1.2 In computing overtime each day’s work shall stand alone.

29.1.3 For the purpose of this clause ordinary hours shall mean the hours fixed in an establishment in accordance with clause 27 - Hours - day work, of this award.

29.1.4 When computing overtime the hourly rate shall be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 hours per week.

29.1.5 Subject to the following provisions, time off in lieu of payment for overtime, Sunday and holiday work may be taken by an employee. The amount of time off shall be calculated on the basis of the appropriate penalty rate. The time period off shall be taken during ordinary working hours within one month of the work being performed. This alternative to the payment of penalty rates shall only apply by agreement between the employer and the employee concerned.

29.2 Payment for work on Saturdays - All work performed on a Saturday by weekly employees, on the instructions of the employer, shall be paid for at the rate of time and a half for the first two hours and double time thereafter with a minimum payment as for three hours at such rate.

29.3 Payment for work on Sundays - All work performed on Sundays by weekly employees, on the instructions of the employer, shall be paid for at the rate of double time with a minimum payment as for three hours at such rate.

29.4 Payment for work on holidays - Except as prescribed by subclause 43.4, all work performed by weekly employees on holidays, on the instructions of the employer, shall be paid for at the rate of double time and a half with a minimum payment as for three hours at such rate. Such double time and a half shall include the ordinary rate of pay where due under clause 40 - Public holidays, of this award for ordinary hours of work.

29.5 Payment for work on rostered day off - All work performed on a rostered day off by weekly employees, on the instructions of the employer, shall be paid for at the rate of time and a half for the first two hours and double time thereafter with a minimum payment as for three hours at such rate.

29.6 Watchpersons - All overtime for a watchperson shall be paid for at the rate of time and a half.

29.7 Apprentices - Penalty rates for apprentices shall be as prescribed under 13.7 of this award.

29.8 Requirement to work reasonable overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

29.9 Rest period after overtime -

29.9.1 When overtime work is necessary, it shall, whenever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

29.9.2 An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

29.9.3 If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates for such period until released from duty and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

29.10 Call back -

29.10.1 An employee recalled to work overtime after leaving the 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 the call back except when the employee is entitled to payment for standing by in accordance with 29.11 hereof in which case the employee shall be paid for a minimum of three hours’ work at the appropriate rate.

29.10.2 Except in unforeseen circumstances the employee shall not be required to work the full four hours’ work if the work the employee was recalled to perform is completed in a shorter period.

29.11 Standing by - When an employee who is ready, willing and capable to attend for duty is required by the employer to be in readiness for a call back to work the employee shall, until released by the employer or notified of the requirement to attend for duty, be paid for standing by time at ordinary rates from the time so held in readiness.

30. Time Off Instead of Overtime Payment

Notwithstanding provisions elsewhere in the award, the employer and the majority of employees as provided for in clause 8, Facilitative provisions, may agree to establish a system of time off in lieu of overtime provided that:

30.1 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.

30.2 An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in clause 29, Overtime, Saturday, Sunday and holiday payments - day work, for any overtime worked under this clause where such time has not been taken within four weeks of accrual.

30.3 This clause is subject to the employer informing each union which has members employed at the particular enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

30.4 Once a decision has been taken to introduce an enterprise system of time off in lieu, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to regulations Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996).

30.5 An employer shall record time off in lieu arrangements in the time and wages book as prescribed in subclause 20.9, at each time this provision is used.

31. Make-Up Time

31.1 Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree as provided for in clause 8, Facilitative provisions, of this award, to establish a system of make-up time provided that:

31.1.1 An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

31.1.2 An employee on shift work may elect, with the consent of their employer, to work make-up time under which the employee takes time off 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.

31.2 Subclause 31.1 hereof is subject to the employer informing each union which has members employed at the particular enterprise of its intention to introduce an enterprise system of make-up time flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

31.3 Once a decision has been taken to introduce an enterprise system of make-up time in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to regulations Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.

31.4 An employer shall record make-up time arrangements in time and wages book, as prescribed in subclause 20.9, at each time this provision is used.

32. Hours - Shift Work

32.1 Ordinary hours of work - shift work -

32.1.1 The ordinary hours of work fixed by agreement in accordance with clause 8 - Facilitative provisions, of this award shall not exceed an average of 38 hours per week. Different methods of working shifts may apply to various groups or sections of employees in the establishment concerned.

32.1.2 Where employees are employed in a mixed industry (as defined) their hours of work shall be uniform with those prevailing in such industry.

32.1.3 Where agreement exists as provided for in clause 8, Facilitative provisions, of this award, ordinary hours can be worked on any day of the week, Saturday and Sunday inclusive.

32.2 Definitions -

32.2.1 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.

32.2.2 Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.

32.2.3 Rostered shift means a shift of which the employee concerned has had at least 48 hours notice.

32.2.4 Continuous work means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least six consecutive days without interruptions except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

32.3 Payment for ordinary shifts -

32.3.1 Day shift - An employee whilst on day shift shall be paid at ordinary rates.

32.3.2 Afternoon shift - An employee whilst on afternoon shift shall be paid 15% more than the ordinary rate.

32.3.3 Night shift - rotating - An employee whilst on night shift which rotates with another shift shall be paid 15% more than the ordinary rate.

32.3.4 Night shift - non-rotating - An employee who, other than at the employee’s own request works night shifts only shall be paid 30% more than the ordinary rate.

32.3.5 Where in any establishment bound by the provisions of this award at which an employee working on shift is engaged and the majority of the employees working on shiftwork therein receive higher shift premiums for working such shifts, then such higher shift allowances shall be paid to the employee in substitution for the shift allowances prescribed by this clause.

32.3.6 If agreement is reached through as provided for in clause 8, Facilitative provisions, a system of averaging the shift allowances may apply.

32.3.7 Engine drivers, firemen, kiln & boiler attendants - Starting up and closing down of engines, boilers, kilns, etc. is to be regarded as time worked payable at ordinary rates unless total hours worked exceed 38 per week in which case overtime rates are payable.

32.4 Rates for ordinary shifts on Saturday, Sunday and public holidays - Ordinary shifts the major portion of which is worked on a Saturday shall be paid for at time and one half and on a Sunday or Holidays at double ordinary time. Such extra rate shall be in substitution for shift allowances as prescribed in 32.3 hereof.

32.5 Day worker changing to shift work - Where a day worker commences shift work at the instruction of the employer without seven days notice (or the reduced period of 48 hours notice where the transfer to shift work is necessitated by absenteeism) the employer shall pay time and one half rates for all ordinary time worked until such required notice would have expired. Such extra rate shall be in substitution for the shift allowance.

32.6 Change of shift rosters - Employees placed on the shift roster will not have their roster changed by the employer without 48 hours notice of such change or payment is made at time and one half rates for ordinary time worked until such 48 hours notice would have expired. Such extra rate will be in substitution for the shift allowance.

32.7 Termination of shift - A shift worker shall be given seven days notice of the cessation of the shift work. If such notice is not given the appropriate shift allowances set out in 32.3 and 32.4 hereof shall apply to ordinary time worked until such seven days notice would have expired.

32.8 Notice of rostered shifts off - In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the day to be taken off by written notice posted by the employer on the notice board.

32.9 Banking of rostered shifts off - By agreement between the employer and an employee rostered shifts off may be accumulated (banked) up to a maximum of five shifts and shall be entitled to be taken in a manner agreed upon between the employer and the employee prior to the first of such days accumulating.

32.10 Rostered shifts off not to coincide with holidays -

32.10.1 In cases where, by virtue of the arrangement of the ordinary hours of work, an employee is entitled to a rostered shift off during the work cycle, the shift to be taken off shall not coincide with a holiday fixed in accordance with clause 43, Public holidays.

32.10.2 Provided that, in the event that a public holiday is prescribed after an employee has been given notice of a rostered shift off in accordance with 32.9 hereof and the holiday falls on such shift the employer shall allow the employee to take an alternative shift off in lieu.

32.10.3 An employee working continuous shift work who by the arrangement of ordinary hours of work is entitled to a rostered shift off which falls on a public holiday prescribed by clause 43, Public holidays, shall at the discretion of the employer, be paid for that day one-fifth the ordinary weekly rate of pay or have an additional day added to the annual leave entitlement. This provision shall not apply when the holiday on which the employee is rostered off falls on a Saturday or Sunday.

32.11 Work on a rostered shift off - Unless a rostered shift off is substituted for another shift off in accordance with subclauses 32.10 and 32.13 hereof work performed on the rostered shift off will be paid for in accordance with clause 34, Overtime - shift work.

32.12 Daylight saving -

32.12.1 Notwithstanding anything contained elsewhere in this award, in any area where, by reason of the legislation of the State, summer time is prescribed as being in advance of the standard time of the State the length of any shift:

32.12.1(a) Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; or

32.12.1(b) Commencing on or before the time prescribed by such legislation for the termination of a summer time period;

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set at the time fixed pursuant to the New South Wales State legislation.

32.12.2 In this clause the expression standard time and summer time shall bear the same meaning as prescribed by the New South Wales State legislation.

32.13 Substitute shift - An employer and an employee or the majority of employees may by agreement substitute the shift an employee or employees concerned are to take off during a work cycle for another shift without thereby incurring a penalty.

33. Breaks - Shift Work

33.1 In the working of non-continuous shift work one hour or such other time as may be agreed upon shall be allowed for an unpaid lunch break provided that an employee shall not be required to work more than five ordinary hours without a meal break.

33.2 All work done during an employees lunch break shall be paid for at double time rates of pay. For work performed thereafter until a lunch break is allowed time and one half rates shall be paid.

33.3 Where a shift roster provides for continuous shifts (as defined) over 24 hours of the day a 20 minute paid crib break shall be allowed to shift workers each shift which shall be counted as time worked. Such crib shall be taken at a time and in a method agreed upon between the employer and the employee or majority of employees concerned so as to meet the needs of the establishment.

34. Overtime - Shift Work

34.1 Shift work payments for overtime -

34.1.1 All work done by shift workers in excess of or outside the ordinary working hours prescribed by this award shall be paid as follows:

34.1.1(a) If on continuous work, at the rate of double time.

34.1.1(b) If on other than continuous work, at the rate of time and a half for the first two hours on any one day and, at the rate of double time thereafter.

34.1.1(c) Except in each case when the time is worked:

34.1.1(c)(i) by arrangement between the employees themselves; or

34.1.1(c)(ii) for the purpose of effecting the customary rotation of shifts; or

34.1.1(c)(iii) on a shift to which an employee is transferred on short notice as an alternative to standing down the employee in circumstances which would entitle the employer to deduct payment for a day in accordance with clause 16 - Stand down of employees, of this award.

34.1.1(d) Subject to the following provisions, time off in lieu of payment for overtime, Sunday and holiday work may be taken by an employee. The amount of time off shall be calculated on the basis of the appropriate penalty rate. The time period off shall be taken during ordinary working hours within one month of the work being performed. This alternative to the payment of penalty rates shall only apply by agreement between the employer and the employee concerned.

Provided that when not less than eight hours’ notice has been given to the employer by a reliever that the employee will be absent from work and the employee who should be relieved is not relieved and is required to continue to work on the rostered day off, the unrelieved employee shall be paid double time.

34.1.2 Sunday - All overtime performed on a Sunday shall be paid at the rate of double time.

34.1.3 Holidays - All overtime performed on a holiday shall be paid at the rate of double time and one half.

34.2 Minimum payment - Saturday, Sunday or holiday - Where a shift worker is required to work overtime on a Saturday, Sunday or holiday such employee shall be afforded at least three hours’ work or be paid for three hours at the appropriate rate except where such overtime is continuous with the employee’s ordinary hours or with overtime commenced on the previous day.

34.3 Non-cumulation of penalties - The rates prescribed herein shall be in substitution for and not cumulative upon the shift allowances prescribed elsewhere in this award.

34.4 Requirement to work reasonable overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

34.5 Crib breaks -

34.5.1 An employee working overtime on the instruction of the employer, shall be allowed a crib time of twenty minutes without deduction of pay after each four and one half consecutive hours of overtime worked if the employee continues to work after such crib time.

34.5.2 Unless the period of overtime is two hours or less, an employee shall be allowed a meal break of twenty minutes before starting overtime after working ordinary hours, which shall be paid for at ordinary rates.

34.5.3 An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand; provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

34.6 Rest period after overtime -

34.6.1 When overtime work is necessary, it shall, whenever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

34.6.2 An employee (other than a casual employee) who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

34.6.3 If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates for such period until released from duty and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

34.6.4 The provisions of this clause shall apply as if eight hours were substituted for ten hours when overtime is worked:

34.6.4(a) for the purpose of change shift rosters; or

34.6.4(b) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

34.6.4(c) where a shift is worked by arrangement between the employees themselves.

34.7 Standing by - When an employee who is ready, willing and capable to attend for duty is required by the employer to be in readiness for a call back to work the employee shall, until released by the employer or notified of the requirement to attend for duty, be paid for standing by time at ordinary rates from the time so held in readiness.

34.8 Call back -

34.8.1 An employee recalled to work overtime after leaving the 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 the call back except when the employee is entitled to payment for standing by in accordance with 34.7 hereof in which case the employee shall be paid for a minimum of three hours’ work at the appropriate rate.

34.8.2 Except in unforeseen circumstances the employee shall not be required to work the full period for which minimum payment is to be made if the work the employee was recalled to perform is completed in a shorter period.

PART G ¾ LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

35. Annual Leave

35.1 Period of leave - Except as hereinafter provided, a period of 28 consecutive days’ leave including non-working days shall be allowed annually to an employee after twelve months’ continuous service (less the period of annual leave) to an employee in anyone or more of the occupations to which this award applies.

35.2 Seven-day shift workers -

35.2.1 In addition to leave prescribed in subclause 35.1 hereof seven‑day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed an additional seven consecutive days’ leave including non-working days.

35.2.2 Where an employee with twelve months’ continuous service is engaged for part of the twelve-monthly period as a seven-day shift worker, the employee shall be entitled to have the period of annual leave prescribed in 35.1 hereof, increased by half a day for each month the employee is continuously engaged.

35.3 Annual leave exclusive of public holidays -

35.3.1 Subject to this clause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 43, Public holidays, and if any such holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of the employee’s annual leave time equivalent to the ordinary time which the employee would have worked if such a day had not been a holiday.

35.3.2 Where a holiday falls as aforesaid and the employee fails without reasonable cause, (proof whereof shall be upon the employee) to attend work at the ordinary starting time on the working day immediately following the last day of the period of annual leave the employee shall not be entitled to be paid for any such holiday.

35.4 Calculation of continuous service -

35.4.1 For the purposes of this clause service will be continuous despite:

35.4.1(a) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

35.4.1(b) any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or

35.4.1(c) any absence with reasonable cause proof whereof shall be upon the employee.

35.4.2 In cases of personal sickness or accident or absence with reasonable cause, an employee, to become entitled to the benefit of this clause, shall inform the employer in writing, if practicable, within 48 hours of the commencement of such absence of the inability to attend for duty, and as far as practicable the nature of the illness, injury or cause, and the estimated duration of the absence. A notification given by an employee pursuant to paragraph 1.1.4, shall be accepted as notification under this clause.

35.4.3 Any absence from work not mentioned in this clause will not break the continuity of service for the purposes of this clause unless the employer, during the absence or within fourteen days of the termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

35.4.4 In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant, in the manner in which general notifications to employees are usually made in that plant and by posting to the union whose members have participated in such concerted or collective absenteeism, a copy of such notification not later than the day it is posted up in the plant.

35.4.5 A notice to an individual employee may be given by delivering it to the employee personally or by posting it to the last recorded address, in which case it shall be deemed to have reached the employee in due course by post.

35.4.6 In calculating the amount of continuous service any of the absences referred to in this clause will not be taken into account except for those that are:

35.4.6(a) 28 days or less in the case of sickness or accident; and

35.4.6(b) annual leave or long service leave granted to the employee.

35.5 Successor or assignee - Where the employer is a successor, an assignee or transmittee of a business if an employee was in the employment of the employer’s predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which the employee was in the service of the predecessor shall for the purposes of this clause be deemed to be in the service of the employer.

35.6 Calculation of month - For the purposes of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month, and if there be no such day in such subsequent month, shall be reckoned as ending at the end of such subsequent month.

35.7 Leave to be taken - The annual leave provided for by this clause shall be allowed and shall be taken and except as provided by 35.13 hereof, payment shall not be made or accepted in lieu of annual leave.

35.8 Time of taking leave -

35.8.1 Except where agreement is reached as provided for in clause 8, Facilitative provisions, annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to annual leave has accrued and after not less than one month’s notice to the employee.

35.8.2 Unless otherwise determined as provided for in clause 8, Facilitative provisions, where the annual leave is given in two or more parts in accordance with subclause 35.9 hereof, the first part of the leave shall be given within a period not exceeding six months from the date the right to annual leave accrued and after not less than one months notice to the employee, and the total period of leave shall be given within a period not exceeding nine months from the date the right to annual leave accrued and after not less than one months notice to the employee.

35.8.3 The months’ notice to the employee required by this clause may be dispensed with by an agreement between the employee or majority of employees concerned.

35.9 Broken leave - Annual leave shall be given and taken in not more than two separate periods unless agreed by the employee or agreement is reached as provided for in clause 8, Facilitative provisions.

35.10 Leave allowed before due date -

35.10.1 An employer may allow annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.

35.10.2 Where leave or part thereof has been granted to an employee pursuant to this clause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the leave was granted, the employer may for each one complete month of the qualifying period of twelve months not served by the employee, deduct from whatever remuneration is payable upon termination of the employment of the employee one-twelfth of the amount in wages paid on account of the annual leave, which amount should not include any sums paid for any of the holidays prescribed by clause 43, Public holidays.

35.11 Payment for period of annual leave -

35.11.1 Each employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on annual leave during the relevant period, exclusive of any public holidays occurring therein.

35.11.2 Subject to 35.12 hereof, for the purposes of this clause and 35.13 and 35.14 hereof, wages shall include shift premiums according to roster or projected rosters including Saturday, Sunday or Public holiday shifts, leading hand, tool and first aid allowances.

35.11.3 Payment in the case of employees employed under any system of payment by results in accordance with clause 23, Payment by results/incentive work shall be at the current award rate plus 12.5%.

35.11.4 Payment in the case of a pieceworker employed by one employer only on a full-time basis to whom the provisions of 13.6 of this award applies shall be the rate of wage then currently prescribed by such award for the standard weekly hours for the area in which the employee was employed and for the classification in which the employee was classified by the employer immediately prior to commencing leave, plus 25%.

35.11.5 If a rate change occurs whilst an employee is on a period of annual leave, the employee’s annual leave pay will be adjusted and paid to the employee on the pay day following the resumption of work from annual leave.

35.12 Loading on annual leave -

35.12.1 During a period of annual leave an employee shall receive a loading calculated on the rate of pay prescribed by 35.11 hereof, in the following manner:

35.12.1(a) Day workers - An employee who would have worked on day work only had the employee not been on leave shall receive a loading of 17.5%.

35.12.1(b) Shift workers - An employee who would have worked on shift work had the employee not been on leave and who would not have been entitled to a shift premium or whose shift premium payable in accordance with 35.11 hereof would have been less than 17.5% of the rate of wage specified in this clause shall receive a loading of 17.5% in lieu of the said shift premium, if the shift premium the employee would have received would have been in excess of 17.5% then the employee shall receive whichever is the greater.

35.12.2 The loading prescribed by this clause shall not apply to any public holiday occurring during a period of annual leave.

35.12.3 The loading prescribed by this clause shall, upon termination of the employment for any reason, also apply in respect of leave not taken for a full twelve months qualifying period of service by the employee with the employer.

35.12.4 The loading prescribed by this clause shall not apply to proportionate payment on termination under 35.13 hereof except in the case of an employee with not less than three months service with an employer whose services are terminated by the employer through no fault of the employee.

35.13 Proportionate payment on termination - If after one month’s continuous service an employee leaves the employment or the employment is terminated by the employer, the employee shall be paid subject to the provisions of 19.1 of this award for each completed week of continuous service worked of which leave has not been granted under this clause, 2.923 hours’ ordinary pay; calculated in accordance with the provisions of 35.11 hereof.

35.14 Close down - An employer may close down the plant or a section thereof, for the purpose of allowing leave to employees in the plant or section or sections concerned in accordance with the following provisions:

35.14.1 Unless otherwise determined by agreement as provided for in clause 8, Facilitative provisions, of this award the employer may, by giving not less than three months notice either close down for one period or for two separate periods.

35.14.2 Each employee affected shall be credited with 2.923 hours leave for each completed week of continuous service for which leave has not already been granted.

35.14.3 Except to the extent than an employee has leave in credit under the provisions of 35.14.2 hereof at the date of the close down, the employee shall be stood down without pay during the period of any close down.

35.14.4 All time during which an employee is stood down without pay in a close down period shall, for the purpose of annual leave credits be deemed to be time worked.

35.14.5 Subject to 35.10 hereof the next twelve months qualifying period for each employee affected by an annual close down shall commence from the day on which the plant or section or sections re-open for work.

35.14.5(a) For employees affected by a second or third close down as prescribed by 35.10 hereof the next twelve month qualifying period shall commence from the day on which the plant or section or sections re-open after the first close down.

35.14.6 For establishments that observe a close down at the Christmas/New Year period the relevant date for the application of the provisions of 35.14.2, 35.14.4 and 35.14.5 hereof shall be 31 December each year.

35.14.7 Unless otherwise agreed between the employer and employees, where a close down is observed during the Christmas/New Year period the leave granted shall be not less than fourteen consecutive days, exclusive of public holidays, except that where an employee is not entitled to fourteen consecutive days leave at such close down, the employee may be granted leave then accrued in accordance with 35.14.2 hereof.

35.15 Annual leave flexibilities -

35.15.1 Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree as provided for in clause 8, Facilitative provisions, of this award to establish a system of single day annual leave absences, provided that:

35.15.1(a) An employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding a total of five days in any calendar year at a time or times agreed between them.

35.15.1(b) Access to annual leave, as prescribed in 35.15.1(a) hereof, shall be exclusive of any shutdown period provided for elsewhere under this award.

35.15.1(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.

35.15.2 Subclause 35.15.1 hereof is subject to the employer informing the union which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

35.15.3 Once a decision has been taken to introduce an enterprise system of single day annual leave, in accordance with this clause, its terms must be set out in the and wages records kept pursuant to Division 2 of Part 3 of the Industrial Relations (General) Regulation 1996.

35.15.4 An employer shall record these short term annual leave arrangements in the time and wages book, as prescribed in subclause 20.9 of this award.

35.16 Mixed industries - Employees in mixed industries shall not be entitled to leave in accordance with the preceding clauses but shall be entitled to and shall be allowed the same annual leave, if any, as is prescribed by award or statute - Commonwealth or State - for the general body of employees in the industry in which they are employed.

36. Personal/Carer’s Leave - August 1996

1.1 Use of Sick Leave -

1.1.1 An employee other than a casual employee, with responsibilities in relation to a class of person set out in 1.1.3(ii) 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 39, 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.

1.1.2 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.

1.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

1.1.4 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.

1.2 Unpaid Leave for Family Purpose -

1.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 1.1.3(ii) above, who is ill.

1.3 Annual Leave -

1.3.1 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.

1.3.2 Access to annual leave, as prescribed in paragraph 1.3.1 above, shall be exclusive to any shutdown period provided for elsewhere under this award.

1.3.3 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.

1.4 Time off in Lieu of Payment for Overtime

1.4.1 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.

1.4.2 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.

1.4.3 If, having elected to take time as leave in accordance with paragraph 1.4.1 above, 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.

1.4.4 Where no election is made in accordance with paragraph 1.4.1 the employee shall be paid overtime rates in accordance with the award.

1.5 Make-up time -

1.5.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

1.5.2 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.

1.6 Rostered Days Off -

1.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

1.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

1.6.3 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 time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

1.6.4 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.

37. Sick Leave

37.1 An employee is entitled to 38 hours sick leave in the first year of service and 60.8 hours in the second and subsequent years of service.

37.2 An employee is entitled to use accumulated sick leave for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.

37.3 An employee shall not be entitled to paid leave of absence for any period in respect of which there is an entitlement to workers compensation

37.4 An employee or a person on behalf of the employee shall, prior to the conclusion of the ordinary hours of work inform the employer of the inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of absence.

37.5 An employee shall prove to the satisfaction of the employer or provide proof as agreed through the consultative process established consultative mechanisms and procedures in the workplace, that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. For such purpose the employer may require an employee to make a statutory declaration verifying the cause of the absence.

37.6 An employee shall not be entitled to paid leave in excess of ten hours during the first three months of employment with an employer and a further ten hours during the second three months of such employment. Provided that should employment continue beyond six months the employee shall be paid for the leave for which the employee would otherwise have been entitled to be paid except for the limitations prescribed by this clause and for which payment has not previously been made.

37.7 Statement of employee’s sick leave credits - Upon request by an employee the employer shall advise the employee concerned of the amount of accumulated untaken sick leave held in credit by the employee at the beginning of the employee’s sick leave year.

37.8 Sickness on a rostered day off - Where an employee is sick or injured on a rostered day off the employee shall not be entitled to paid sick leave for that day nor will the employee’s sick leave entitlements be reduced as a result of sickness or injury that day.

37.9 Sick leave on re-engagement - If an employee’s service is terminated by the employer by reason of slackness of trade and is re-engaged by the employer within a period of six months the employee’s unclaimed sick leave shall continue from the date of re-engagement. In such a case the employee’s next year of service will commence after a total of twelve months has been served with the employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment as the case may be.

37.10 Transmitted sick leave - Where a business is transmitted from one employer to another an employee’s service with the transmittor shall for the purpose of sick leave payment be taken as service with the transmittee provided that the employee’s employment with the transmittor is continued with the transmittee.

38. Bereavement Leave

(i) An employee, other than a casual employee, after three months’ service with the employer, shall be entitled 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. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee after three months continuous service with the employer, shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral. Provided further, where the death of a person as prescribed in subclause (iii) occurs outside Australia and a service is held locally, the employee after three months continuous service with the employer, shall be entitled to one day’s bereavement leave for the purpose of attending this service, where such employee does not travel outside Australia to attend an alternative funeral/service.

(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 36, 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 subclauses 1.2, 1.3, 1.4, 1.5 and 1.6 of the said clause 36. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

39. Parental Leave

Refer Industrial Relations Act 1996.

40. Jury Service Leave

40.1 A weekly employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the 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.

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

41. Blood Donors

A weekly employee who with the consent of the employer is absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay, up to a maximum of two hours on each occasion and subject to a maximum of two hours on each occasion and subject to a maximum of four separate absences for the purpose of donating blood each calendar year. Provided that such employee shall arrange as far as practicable for the absence to be as close as possible to the beginning or the ending of his ordinary working hours: Provided further the employee shall notify the employer as soon as possible of the time and date upon which the employee is requesting to be absent for the purpose of donating blood. Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of the attendance.

42. Long Service Leave

Refer Long Service Leave Act 1955.

43. Public Holidays

43.1 Prescribed public holidays - All weekly employees (excepting pieceworkers) shall be entitled to holidays without deduction of pay on the following days:

43.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

43.1.2 The following days, as prescribed in the State and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours Day or Labour Day; and one additional day in each calendar year on a date arranged between the TTIA and the NSW Branch of the union.

43.2 Day off in lieu of holiday falling on a Saturday or Sunday -

43.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

43.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

43.2.3 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

43.3 Additional public holidays - Where in the State or locality, public holidays are declared or prescribed on days other than those set out in 43.2 hereof, those days shall constitute additional public holidays for the purpose of this award.

43.4 Changing public holidays by agreement -

43.4.1 By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

43.4.2 An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.

43.4.3 Where in the State or locality within the State an additional public holiday is proclaimed or gazetted by the authority of the State Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or locality thereof, other than persons covered by Federal awards, or where such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this award for employees covered by this award who are employed in the State or locality in respect of which the holiday has been proclaimed or ordered as required.

43.4.4 An agreement pursuant to this subclause shall be recorded in writing and be available to every affected employee and where a prescribed public holiday is substituted any work performed on such prescribed public holiday shall be at ordinary rates.

43.5 Rostered day off or accumulated time off falling on a holiday - In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off, shall not coincide with a holiday fixed in accordance with this clause. Provided that, where the two events unavoidably coincide, the employer will allow the employee/s to take an alternative weekday off at a different date which will be determined by mutual agreement.

43.6 Termination within fourteen days of a holiday - In the case of an employee with at least three months’ service with the employer whose services are terminated by the employer through no fault of the employee within fourteen days prior to a holiday and who is re-engaged by such an employer within fourteen days of such holiday, or in the case of an annual leave close down within fourteen days after resumption of work, the employee shall be paid for any such holiday the amount the employee would have received had employment not been terminated.

43.7 Full-time employees working non-standard hours - This clause applies to full-time workers who do not regularly work a five day Monday to Friday week.

43.7.1 Holidays falling upon days employees not working - When a prescribed holidays falls upon a day when the employee would not be working in any event the employee shall receive:

43.7.1(a) A day’s paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

43.7.1(b) An additional day’s wage.

43.7.2 Employee rostered to work on a public holiday or its substitute day - If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day) the employee is entitled to:

43.7.2(a) If the employee is not required to work on the public holiday the employee shall receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off.

43.7.2(b) If the employee is required to work on the public holiday the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in 40.8 hereof).

43.7.2(c) If the employee is required to work on the substitute day the employee shall receive the rates of pay for working on a public holiday.

43.7.3 Employee required to work on a public holiday and the substitute day - If an employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to:

43.7.3(a) a day’s paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

43.7.3(b) payment at public holiday rates for the day’s work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday.

43.7.4 Christmas day loading - If employees are rostered to work on a Saturday or Sunday that is a Christmas Day and are required to work, the employee shall receive the normal Saturday or Sunday rate plus a loading of one-half of a normal day’s wages for the full day’s work and be entitled to the substitute day.

43.8 Non-casual part-time employees - Where the normal roster of a part-time employee includes a day that is a holiday, the employee shall receive the normal pay the employee would have received on that day and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours the employee worked during it.

43.8.1 For part-time employees whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following shall apply:

43.8.1(a) The employee shall be granted leave with pay on the "actual day" without any substitution; or

43.8.1(b) The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or

43.8.1(c) The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and receives, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day).

43.8.2 If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary time rates.

43.8.3 Any circumstances for part time workers not covered by this clause should be the subject of negotiations between the employer, the CFMEU and the employees concerned using the principles of this clause to resolve the issue.

43.9 Payment for casual workers working on public holidays - A casual worker who works on the day prescribed as the public holiday or on its substitute day shall be paid the appropriate public holiday pay as described elsewhere in this award. The employee should receive the ordinary casual rate plus the applicable penalty. That is, the casual loading of twenty per cent and the prescribed holiday rate for non-casual workers of 2.5 times ordinary rates. The casual will be paid 2.7 times the ordinary rate for non-casual workers.

43.10 Absences before or after public holidays - Where an employee is absent from employment on the working day before or the working day after a public holiday or group of public holidays to which the employee is entitled, and such absence is without reasonable cause, proof whereof shall be upon the employee, the employee shall not be entitled to payment for the holiday immediately succeeding or immediately preceding the absence, as the case may be.

43.11 Mixed industries - Employees in mixed industries shall not be entitled to holidays in accordance with the provisions of this clause, but shall be entitled to and shall be allowed the same public holidays as are prescribed by the award, determination or agreement - Commonwealth or State - for the general body of employees in the industry in which they are employed.

PART H ¾ MISCELLANEOUS

44. Copy of the Award

An up to date copy of the award is to be put on display by the employer in the workplace.

45. Notice Board

The employer shall supply a notice board of reasonable dimensions to be erected in a prominent position in the plant or in separate buildings in each plant so that it will be reasonably accessible to all the employees working under this award.

Accredited Union representatives, where applicable, shall be permitted to put on the notice board or boards Union notices, signed or countersigned by the representative posting it. The employer shall have the right to put notices on the notice board and such notices shall be removed only by the employer or his representative.

46. Hygiene and Safety

(a) First-aid Outfit - The employer shall provide and maintain a first aid outfit at each workplace as prescribed by the legislation of the State.

(b) Special Transport of Injured - In the event of an injury to an employee requiring medical attention that cannot be provided by the company or on the employer's premises, the employer shall, as soon as is reasonably possible, supply, free of charge, means to convey such employee to the nearest hospital or doctor at which or by whom the employee is to be treated.

(c) Guarding Machinery - The laws in force from time to time in New South Wales in respect of the guarding of machinery and the spaces between machines shall be deemed to be incorporated into this award as part thereof.

(d) Ventilation - State legislation which provides for ventilation or prevention of dust in force from time to time shall be deemed to be incorporated into this award as part thereof. Each employer shall install in each mill, factory, or workshop owned or controlled by him such system of ventilation and prevention of dust as shall be necessary in each case.

(e) Saving of State Laws - Nothing in this clause shall be construed as interfering with any rights of inspection or enforcement available to State Government officials under any State law referred to in this award.

47. Area, Incidence and Duration

(i) This award rescinds and replaces the Sawmillers, &c. (State) Award published 8 December 1976, reprinted 16 August 1984 and further reprinted 17 January 1992 (267 I.G. 242), the Forest and Building Products (State) Training Wage Award published 23 October 1998 (306 I.G. 1260), and the Sawmillers, &c. (State) Superannuation Award published 25 July 1990, (257 I.G. 887), and all variations thereof.

(ii) This award shall take effect on and from 13 October 2000 and shall remain in force for a period of 12 months.

Table 1 ¾ Wages

Skill Level	Supplementary Payment $	Total Rate per Week ffpp 13/10/00 $	Total Rate Per Week ffpp 13/4/01 $
Level 6	54.60	498.10	513.10
Level 5	52.00	477.20	492.20
Level 4	48.10	445.50	460.50
Level 3	45.40	424.60	439.60
Level 2	42.50	402.00	417.00
Level 1	40.60	385.40	400.40

Table 2 ¾ Allowances

Item No.	Clause No.	Brief Description	Amount $
1	25.1	Handling submerged timber	65c per hour
2	25.2	Handling charred timber	3.20 per day
3	25.4.1	Motor vehicle allowance	54c per kilometre
4	25.5 & 25.6	Meal allowance	7.35 per meal
5	25.7	Camping allowance	18.30 per day
6	25.7	Maximum camping allowance	128.55 per week
7	25.8	First-aid Allowance	9.45 per week
8	25.9	Leading Hand: 2 to 6 employees	16.25 per week
9	25.9	Leading Hand: over 6 employees	25.35 per week

SAWMILLERS, &c. (STATE) AWARD APPENDICES

The majority of the appendices of this award describe special rates and conditions for employees working in various industry sectors. Five industry sectors are identified with a grade structure/career path in each sector.

The appendices describe conditions and arrangements for each sector that are unique to each sector.

The main body of the award describes conditions and arrangements that are common for all sectors.

INDEX TO APPENDICES

APPENDIX A ¾ HARVESTING AND ENVIRONMENT/FOREST MANAGEMENT SECTOR

Appendix A Part A - Classification and skill level definitions for the sector.

Appendix A Part 2 - Special rates and conditions for pit-timber cutters

APPENDIX B ¾ MILLING AND PROCESSING SECTOR

Classification and skill level definitions for the sector

APPENDIX C ¾ BOARD, PANEL AND VENEER SECTOR

Classification and skill level definitions for the sector

APPENDIX D ¾ MANUFACTURING, FURNITURE AND JOINERY SECTOR

Appendix D Part 1 - Classification and skill level definitions for the manufacturing/joinery section

Appendix D Part 2 - Special rates and conditions for Furniture manufacturers

Appendix D Part 3 - Special rates and conditions of sporting goods section

APPENDIX E ¾ MERCHANDISING AND RETAIL SECTOR

Classification and skill level definitions for the sector

APPENDIX F ¾ FOREST AND BUILDING PRODUCTS (STATE) TRAINING WAGE APPENDIX

APPENDIX A ¾ HARVESTING AND ENVIRONMENT/FOREST MANAGEMENT SECTOR

PART 1 ¾ CLASSIFICATION AND SKILL LEVEL DEFINITIONS FOR THE HARVESTING AND ENVIRONMENT/FOREST MANAGEMENT SECTOR

Notwithstanding anything elsewhere contained in this award, the following definitions are intended to convey the broad intent of the parties as to the relative skills, responsibilities, and conditions under which employees at each level will work.

The provisions of the Sawmillers, &c. (State) Award as varied, shall apply to persons performing work provided for in this appendix unless such provisions are inconsistent with the provisions of this appendix.

1.1 Forestry - Level 1 - Relativity to Level 5 - 78%.

1.1.1 General -

1.1.1(a) Criteria for extension of term in Level 1 beyond three months - A worker who enters the industry and is unable to meet the competency requirements of Level 2 will remain in Level 1 for a maximum of three months unless an extension for up to a further three months is agreed by the employer and the employee, and the union where the employee is a union member. Extension of the term of Level 1 beyond three months will only be considered when:

1.1.1(a)(i) the employee has participated in a structured and documented skill development programme which sets out and covers the standards of competence the Level 1 worker is required to achieve for progression to Level 2;

1.1.1(a)(ii) any deficiencies in the performance of the employee during the skill development programme have been described clearly to the employee at the time they have occurred and standards for acceptable performance have been made clear to the employee;

1.1.1(a)(iii) suitable conditions have been provided for training including sufficient time, appropriate environment and equipment and a skilled trainer; and

1.1.1(a)(iv) given the above, the employee has not reached the standards of competence set down in the skill development programme.

1.1.1(b) Process for extension of the term in Level 1 beyond three months - Where an employer proposes that the term an employee will spend in Level 1 should be extended beyond three months the following actions will be taken at least three weeks before the expiration of the initial three months:

1.1.1(b)(i) the employee will be advised in writing. This advice will set out clearly the areas where the employee has not reached the competency standards required for progression to Level 2 and are set out in the skill development programme;

1.1.1(b)(ii) where the employee is a member of the union a copy of the advice to the employee will be sent to the relevant branch secretary of the union at the same time as it is provided to the employee;

1.1.1(b)(iii) subsequent to the advice of intention to extend the period in Level 1 beyond three months being issued a meeting will be held between the employer and the employee and a full-time official of the union or their nominee where the employee is a union member. At this meeting the parties will develop and agree on a plan (including time frames) to assist the employee to develop competence to the required standard in the areas identified as deficient agreed with by the employee. This plan will be documented and signed by all parties - that is the employer, the employee and the union official where the employee is a union member;

1.1.1(b)(iv) the employee (and the branch office of the union if the employee is a union member) will be notified immediately by the employer if any further problems arise during this extension period.

1.1.1(b)(v) A Level 1 worker:

1. will complete a program of induction training;

2. will complete a program of skills training to meet the requirement of being able to competently perform work within the scope of Level 2; and

3. where required by Statute or Regulation will obtain the necessary licenses, permits or other authorisations prior to progression to the next level.

1.1.2 General description of skills required - A Level 1 worker will exercise the following skills:

1.1.2(a) the ability to follow instructions;

1.1.2(b) manual handling skills; and

1.1.2(c) the ability to follow standards and procedures.

1.1.3 General description of knowledge required - A Level 1 worker will develop the following:

1.1.3(a) broad knowledge of the industry Sector and operations at the enterprise level;

1.1.3(b) broad understanding of all functions carried out in the enterprise;

1.1.3(c) understanding of health and safety regulations and procedures relevant to the level;

1.1.3(d) an understanding of the employment conditions set out in the award, and enterprise policies and procedures relating to conditions;

1.1.3(e) knowledge of the resource used in the Sector; and

1.1.3(f) knowledge of the range and uses of basic hand tools.

1.1.4 Induction training - Introduction training will include the following:

1.1.4(a) Basic Occupational Health and Safety;

1.1.4(b) First-aid;

1.1.4(c) Conditions of Employment; and

1.1.4(d) Company policies and objectives.

1.1.5 Level of responsibility - Workers at Level 1 will work under direct supervision at all times and will be expected to exercise minimal judgement.

1.2 Forestry - Level 2 - Relativity to Level 5 - 82%.

1.2.1 General - An employee at this level performs work above and beyond the skills of a Level 1 employee and is competent to perform work within the scope of this level.

At this level an employee:

1.2.1(a) Will have a broad general knowledge of the industry and the functions carried out in the workplace.

1.2.1(b) Works under direct supervision either individually or in a team environment.

1.2.1(c) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults.

1.2.1(d) Understands and utilises basic environmental procedures in accordance with relevant Forest Codes of Practice.

1.2.1(e) May assist skilled trainers in the provision of on-the-job training.

1.2.1(f) Should be given the opportunity to participate in ongoing skills training to enable progress to Level 3.

1.2.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level.

1.2.2(a) Landing builder or repairer.

1.2.2(b) Operates a chainsaw at a basic level ancillary to normal duties.

1.2.2(c) Crosscut and trim logs on the landing/dump.

1.2.2(d) Segregation of logs and sleepers.

1.2.2(e) Loader trimming and cutting logs in Pine Plantations.

1.2.2(f) Loader or turner sleepers over 1.5 metres long.

1.2.2(g) Pulpwood cutter and/or splitter

1.2.2(h) Spar or plank road builder.

1.2.2(i) Woodcutter for charcoal or firewood.

1.2.2(j) Log Measurer.

1.2.3 General description of skills required - In addition to those outlined in Level 1:

1.2.3(a) manual handling skills;

1.2.3(b) the ability to make judgements by eye of size and shape;

1.2.3(c) ability to use hand power tools safely; and

1.2.3(d) problem solving skills.

1.2.4 General description of knowledge required - In addition to that outlined in Level 1:

1.2.4(a) awareness and understanding of relevant Forest Codes of Practice;

1.2.4(b) basic knowledge of timber use and value;

1.2.4(c) awareness of occupational health and safety procedures; and

1.2.4(d) knowledge of the functions and use of hand tools and base technology saws/machine/equipment for this level.

1.2.5 Level of responsibility - An employee at this level will be:

1.2.5(a) responsible for identifying and solving minor problems which occur in the work process the Level 2 worker is directly responsible for;

1.2.5(b) required to work to predetermined standards and outcomes; and

1.2.5(c) responsible for keeping own work area safe and clean.

1.2.6 Promotional criteria - An employee remains at this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.3 Forestry - Level 3 - Relativity to Level 5 - 87.4%.

1.3.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 2 and is competent to perform work within the scope of this level.

At this level an employee:

1.3.1(a) Is responsible for the quality of own work subject to general supervision.

1.3.1(b) Works under general supervision either individually or in a team environment.

1.3.1(c) Exercises discretion within own level of skills and training.

1.3.1(d) Operates flexibly between landing/dump and machines.

1.3.1(e) May assist skilled trainers in the provision of on-the-job training.

1.3.1(f) Understands and utilises environmental control procedures in accordance with relevant Forest Codes of Practice.

1.3.1(g) Should be given the opportunity to participate in ongoing skills training to enable progress to Level 4.

1.3.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level.

1.3.2(a) Operate mechanical debarking equipment.

1.3.2(b) Operate chipping machines.

1.3.2(c) Operate log splitting machine.

1.3.2(d) Offsider to logging tractor or bulldozer driver.

1.3.2(e) Faller - Pine Plantation.

1.3.2(f) Pole Handler.

1.3.2(g) Operate and maintain chain saws.

Note: Employees must hold appropriate licence/certification.

1.3.3 General description of skills required - In addition to those outlined in Level 2:

1.3.3(a) ability to interpret and follow plans and procedures;

1.3.3(b) problem solving skills;

1.3.3(c) ability to operate machinery/saws/equipment according to prescribed procedures and standards appropriate to this level.

1.3.3(d) ability to grade timber according to obvious defects and to exercise quality control;

1.3.3(e) ability to record simple information on lengths and species of timber in writing.

1.3.4 General description of knowledge required - In addition to that outlined in Level 2:

1.3.4(a) awareness and understanding of relevant Forest Codes of Practice;

1.3.4(b) knowledge of product specifications, their value, and what products they can be used for;

1.3.4(c) knowledge of the functions and use of saws, machines and equipment for this level;

1.3.4(d) knowledge of health and safety procedures/regulations appropriate to this level;

1.3.4(e) knowledge of the industry standards for tasks performed at this level; and

1.3.4(f) knowledge of quality control standards appropriate to this level.

1.3.5 Level of responsibility -

1.3.5(a) An employee at this level will operate under general direction for the whole job. Individual tasks will be completed according to clear, set procedures and standards. An employee will be responsible for the quality of work within these limits.

1.3.5(b) The employee will also be responsible for identifying and solving problems which occur in the work process the Level 3 worker is directly responsible for, and for identifying and reporting problems outside own work process.

1.3.6 Promotional criteria - An employee remains at this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.4 Forestry - Level 4 - Relativity to Level 5 - 92.4%.

1.4.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 3 and is competent to perform work within the scope of this level.

At this level an employee:

1.4.1(a) Works from complex instructions and procedures.

1.4.1(b) May assist skilled trainers in the provision of on-the-job training.

1.4.1(c) Works in a team environment or works individually under general supervision.

1.4.1(d) Is responsible for assuring the quality of work in own area.

1.4.1(e) Ensures application of sound forest environmental practices in accordance with relevant Forest Codes of Practice.

1.4.1(f) Should be given the opportunity to participate in ongoing skills training to enable progress to Level 5.

1.4.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below. They will be expected after suitable training to operate flexibly between work stations at this level.

1.4.2(a) Operation of mobile equipment appropriate to this level up to and including 13,500 kg.

1.4.2(b) Operator of tree harvester.

1.4.2(c) Operator of bucker - limber - buncher machine (LOGMA).

1.4.2(d) Faller who works alone, selects trees and sharpens own saws.

1.4.2(e) Faller other.

1.4.2(f) Operates and maintains chipping machines.

1.4.2(g) Pole dresser.

1.4.2(h) Performs non-trade carpentry functions.

1.4.2(i) Spotter at spot mills.

Note: Employees must hold appropriate licences/certification.

1.4.3 General description of skills required - In addition to that outlined in Level 3:

1.4.3(a) ability to set up and adjust machines;

1.4.3(b) ability to drive and operate mobile machinery;

1.4.3(c) ability to complete simple clerical tasks;

1.4.3(d) problem solving skills;

1.4.3(e) ability to select suitable methods for completing tasks and plan the order in which to complete them; and

1.4.3(f) ability to assess timber for cutting giving regard to quality and the purpose it will be used for.

1.4.4 General description of knowledge required - In addition to that outlined in Level 3:

1.4.4(a) awareness and understanding of relevant Forest Codes of Practice;

1.4.4(b) knowledge of saws, machinery and equipment used at this level;

1.4.4(c) knowledge of health and safety legislation and procedures appropriate to this level; and

1.4.4(d) knowledge of the industry standards for tasks performed at this level.

1.4.5 Level of responsibility -

1.4.5(a) An employee at this level will operate under general direction for the whole job. In completing individual tasks an employee will work to set standards. An employee will be responsible for the quality of work in own area.

1.4.5(b) The employee will also be responsible for identifying and solving problems which occur in the work process the Level 4 worker is directly responsible for, and in conjunction with other for identifying and solving problems in the work area.

1.4.6 Promotional criteria - An employee remains a this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.5 Forestry - Level 5 - Relativity to Level 5 - 100%.

1.5.1 General - A Harvesting employee (Level 5) is an employee who applies the skills acquired through the successful completion of a requisite certification relating to plant and equipment utilised in Forest Harvesting.

An Employee at this level performs work above and beyond the skills of an employee at Level 4 and is competent to perform work within the scope of this level.

At this level an employee:

1.5.1(a) Understands and applies quality control techniques.

1.5.1(b) Exercises good interpersonal and communication skills.

1.5.1(c) Exercises discretion within the scope of this grade.

1.5.1(d) Performs work under limited supervision either individually or in a team environment.

1.5.1(e) Conducts training in conjunction with a skilled trainer as required.

1.5.1(f) Ensures application of sound forest environmental practices in accordance with Forest Codes of Practice.

1.5.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level.

1.5.2(a) Able to inspect logs for conformity with established operational standards (grade and segregate).

1.5.2(b) Operates harvesting and extraction equipment in a mechanical harvesting environment appropriate to this level.

1.5.2(c) Operation of mobile equipment to a level higher than Level 4 over 13,500 kg.

1.5.2(d) Fall and process trees of any species which are possible to work safely.

1.5.2(e) Broad axeperson.

1.5.2(f) Adzeperson.

1.5.2(g) Axeperson employed using chopping axe taking off bark and lumps from logs for use in veneer mills.

1.5.2(h) Rigger or tree climber.

1.5.2(i) Head faller.

1.5.2(j) Forwarder log handling machine.

1.5.2(k) Operator of grapple saw.

1.5.3 General description of skills required - In addition to those outlined in Level 4:

1.5.3(a) ability to make decisions regarding work processes and implement them in own work area;

1.5.3(b) ability to use judgement based on experience to optimise productivity in own work area;

1.5.3(c) ability to supervise workers in the training situation;

1.5.3(d) ability to set up, operate and monitor mechanical equipment used in work area;

1.5.3(e) ability to work to standards requiring precision and attention to detail; and

1.5.3(f) problem solving skills.

1.5.4 General description of knowledge required - In addition to that outlined in Level 4:

1.5.4(a) awareness and understanding of relevant Forest Codes of Practice;

1.5.4(b) detailed knowledge of the sector and work undertaken at the enterprise;

1.5.4(c) understanding of quality control techniques;

1.5.4(d) knowledge of industry standards for product and/or materials;

1.5.4(e) thorough knowledge of equipment/machinery used in the work area;

1.5.4(f) knowledge of occupational health, safety techniques and legislation for work undertaken at this level;

1.5.4(g) detailed knowledge of product used; and

1.5.4(h) knowledge of training principles and practices.

1.5.5 Level of responsibility -

1.5.5(a) An employee at this level has greater responsibility than at Level 4 in that the employee may be responsible for the work of others through the monitoring role. The employee will be responsible for work outcomes regarding quantity and quality in own area, including own work and the work of others. The employee may be required to supervise others in groups in the training situation. An employee at this level will be required to exercise discretion in the planning and carrying out of work.

1.5.5(b) The employee will also be responsible, with others, for identifying and solving problems in their work areas; if supervising others for initiating, coordinating and monitoring problem solving in own work area; for identifying and reporting problems in other work areas where they affect activity in own work area.

PART 2 ¾ SPECIAL RATES AND CONDITIONS FOR PIT-TIMBER CUTTERS

Except as to subclause 25.18 - Accident pay, 36, Personal/carers leave, 43, Public holidays, 27, Hours - Day Work and 29 - Overtime, Saturday, Sunday and holiday payments, in lieu of the rates and conditions in clauses 1 to 47 (both inclusive) of this award the following rates and conditions shall apply to pit-timber cutters and pit-timber workers obtaining timber for coal mines.

Arbitrated safety net adjustments - The rates of pay in this appendix include the arbitrated safety net adjustment payable under the State Wage Case decision - 2000. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

1. Prices

1.1 The minimum prices payable by respondents to timber cutters engaged on piecework cutting timber for coal mines covered by this Appendix shall be as set out in the Schedule annexed hereto.

1.2 Where logs are delivered to mills adjacent to and under the control of collieries or on colliery property, the rates to be paid shall be $13.55 per cubic metre.

1.3 The basis of the rates of pay herein as to piecework Timber cutters are as follows:

	Per week
	$

Base rate	400.75
25 per cent piecework loading	100.20
	500.95

Equipment allowance	90.60
Disability allowance	17.40
Total:	608.95

2. Wage Rates - Adults

2.1 An adult employee of a classification specified in the table set out herein shall be paid not less than the rate per week assigned to that classification for the area in which the employee is working.

		BROADBANDED
Number	Classifications	Group	Base rate
1	timber cutter driver	3	400.40
2	of a motor lorry or wagon
	carrying pit-timber shall be
	paid the relevant rate per
	week, prescribed in
	classification 6, Wage
	rates of the award in force
	from time to time
	Offsider to driver of motor
	lorry or wagon shall be
	paid the wages as provided
	by classification 6, of the award in force
	from time to time
3	Tractor driver	5	440.20

2.2 Indexation of overaward payments - It is recommended that in circumstances where the wage rates prescribed by clause 3 of this appendix are increased by order of a Full Bench of the Commission to reflect movements in the Consumer Price Index as a result of State Wage/Wage Indexation Cases employers party to the award should apply the Indexation increase to an employee’s actual rate of pay as defined hereunder unless the Commission in the State Wage/Wage Indexation Case concerned indicates an attitude that overaward payments should not be so adjusted.

Actual rate of pay is defined as the total amount an employee would normally receive for performing 38 hours of ordinary work. Provided that such rate shall expressly exclude overtime, penalty rates, disability allowance, shift allowance, special rates, fare and travelling time allowance and any other ancillary payments of a like nature. Provided further that this definition shall not include production bonuses and other methods of payment by results which by virtue of their basis of calculation already produce the results intended by this clause.

3. Equipment Allowance

Cutters, other than piecework cutters who supply their own equipment, shall be paid the equipment allowance prescribed by clause 1(c) hereof.

4. Disability Allowance

In addition to the weekly amounts prescribed in clause 2 above, employees working (a) in the open in forest locations and (b) without amenities such as change-rooms, lunch-rooms, lockers, lavatories and washing facilities, shall be paid an allowance at the rate of $17.40 per week which shall be treated as part of the ordinary wage for the purposes of this award.

This allowance is intended as compensation to cover the factors mentioned in (b) above and other factors which arise from (a) above such as working at isolated and undeveloped locations, difficult terrain and undergrowth, exposure to extremes of heat, cold and wind and wet, dusty and muddy conditions.

5. Annual Leave

5.1 Weekly wage employees -

5.1.1 Except as hereinafter provided, a period of twenty consecutive working days leave shall be allowed annually to weekly wage employees after twelve months’ continuous service (less the period of annual leave).

5.1.2 Payment of annual leave for pieceworkers other than casuals shall be based on the following amounts:

	$

Total wage of $394.20 plus supplementary payment of $45.40	439.60
25 per cent piecework loading	109.90
	549.50

Equipment allowance	90.60
Disability allowance	17.40

Total:	657.50

5.1.3 Any weekly wage employee who has worked not less than one month continuously shall be allowed annual leave proportionately to the period worked.

5.1.4 If after one month’s continuous service a weekly wage employee leaves the employment or the employment is terminated by the employer, the employee shall be paid for annual leave at the rate of 2.923 hours in respect of each completed week of service, being service in respect of which leave has not been granted in accordance with this clause.

5.1.5 The annual leave shall be allowed and shall be taken and, except as provided by clause 5.1.4 hereof, payment shall not be made or accepted in lieu of annual leave.

5.1.6 For the purpose of calculating annual leave, the annual leave year shall be deemed to have commenced on 1 January in each year.

5.1.7 Payment for annual leave shall be made on the last pay day before the commencement of such leave.

5.1.8 An employee with twelve months’ continuous service shall be granted five days leave at Easter time (i.e. Easter Thursday and the Tuesday, Wednesday, Thursday and Friday in the week immediately following Easter Monday) and the balance of the entitlement to annual leave shall be granted during the period annual leave is taken by employees in the mining industries in the relevant district; provided that an employee who is not entitled to the full period of leave prescribed by this clause may be stood down without pay for any part of either of the relevant periods of annual leave for which the employee is not otherwise entitled to be paid.

5.1.9 Payment for annual leave for weekly wage employees shall be at the actual weekly rate being received by the employee immediately before the commencement of the leave or the termination of the employment, as the case may be, but exclusive of any allowance for travelling, camping, tools or equipment provided.

5.1.10 In addition to the payment prescribed by clause 5.1.9 hereof weekly wage employees shall receive during the period of annual leave a loading of 17-1/2 per cent calculated at the rate prescribed by clause 2 of this appendix for the classification applicable to the work at which the employee was ordinarily employed immediately prior to the commencement of such leave provided however that the loading shall not apply to proportionate leave on termination.

5.2 Permanent pieceworkers -

5.2.1 Pieceworkers other than casuals shall be entitled to annual leave or pro rata payment therefore in accordance with the provision of clause 5.1 hereof relating to weekly wage employees.

5.2.2 Payment for annual leave for pieceworkers other than casuals shall be based upon the total weekly rate of pay prescribed by clause 1.2 of this appendix.

5.2.3 In addition to the payment prescribed by clause 5.2.2 hereof permanent pieceworkers shall be paid a loading of 17-1/2 per cent calculated in accordance with the provisions of the said clause 5.2.2 hereof.

5.3 Casual pieceworkers - Casual pieceworkers who have earned for piecework in the holiday year at least four times the current weekly wage prescribed by clause 1.2 of this appendix shall be paid pro rata annual leave payment at the rate of eight cents in the dollar earned as wages for cutting and snigging in the holiday year.

Such payment shall be made at the time of taking annual leave by employees within the industry.

6. Travelling Allowance

6.1 A weekly wage employee engaged to work at a place over three kilometres but less than 32 kilometres distant from the employee’s place of residence shall be paid $1.85 per day as travelling expenses for daily journeys from the employee’s residence to work and return.

6.2 A weekly wage employee engaged to work at a place 32 kilometres or more from the employee’s place of residence shall be paid $2.80 per day as travelling expenses for daily journeys from the employee’s place of residence to work and return.

6.3 A pieceworker engaged to work at a place over three kilometres distant from the pieceworker’s place of residence shall be paid a travelling allowance based on 6.8 cents in the dollar earned per day for daily journeys from the pieceworker’s place of residence to work and return.

6.4 The provisions of clauses 6.1, 6.2 and 6.3 hereof shall not apply when the employer makes suitable provision for transport.

6.5 Where an employer provides transport, it shall, when taking employees to and from their work, consist of a suitable covered-in vehicle with seating accommodation and with adequate protection from the weather by some suitable weather-resisting material.

7. Camping Allowance

7.1 Where an employer provides suitable camping facilities all employees who are required to camp by direction of the employer shall be paid camping allowance of $3.80 for each working day they are so required to remain in camp, Monday to Thursday inclusive.

7.2 Where suitable camping facilities are not provided by the employer and an employee is required by the employer to camp and in addition provide personal camping equipment and gear, the employee shall be paid an allowance of $13.25 per working day Monday to Thursday inclusive; such amount shall be in lieu of, and not cumulative upon, the amount prescribed in clause 7.1 hereof.

7.3 Where an employee is requested by the employer to remain encamped for a day or days in excess of those set out above, the allowance of $3.80 or $13.25 per day, as the case may be, shall be payable for all such days that the employee complies with the request of the employer.

7.4 The allowance in this clause shall not be wages.

7.5 Where employees are camped under the provision of this clause, the employer shall transport fresh water and employees, provisions free of charge.

SCHEDULE

MINIMUM PRICES FOR PIECEWORK CUTTING AND SNIGGING

Item 1

1. The rates for cutting and snigging round mining timbers shall be:

10 cm and under	-	$82.03 per cubic metre
12 cm	-	$75.02 per cubic metre
14 cm	-	$70.29 per cubic metre
16 cm	-	$67.95 per cubic metre
18 cm	-	$70.29 per cubic metre
20 cm and over	-	$76.16 per cubic metre

To calculate the cutting and snigging rate for any individual item the above appropriate cubic metre rate shall be multiplied by the volume of the item as set out in the volume tables included in the Forestry Commission's "Schedule of Stumpage Rates for Round, Split, Hewn and Miscellaneous Timbers".

Provided that in calculating the payment for round and half-round mine timber including baulks any length not exactly a multiple of 0.2 metres shall be deemed to be the next higher multiple of 0.2 metres.

Where the diameter size is not exactly a multiple of two centimetres it shall be deemed to be the next higher multiple of two centimetres.

2. Where the employer provides and/or maintains equipment for use by the employee the following percentage deductions shall apply for various classified duties within the general work structure:

Felling	Per cent
	%
Chain saw allowance	5
Maintenance of chain saw	5
Loading machinery (where cutter assists to load)	4
Maintenance of loading machinery	1
Falling and measuring and cutting to length	20
Debarking	20

Snigging	Per cent
	%
Forwarding machinery	7-1/2
Maintenance of forwarding machinery	2-1/2
Wages	10
Supply gear for snigging	20
Maintain snigging gear	5

When a cutter is not present during loading of the timber an additional five per cent may be deducted. Timber must be transported to a place readily accessible for loading and stacked ready for loading.

Where trucks are compelled to negotiate bad road areas a charge for forwarding may be imposed by the employer.

Item 2

1. Where any article is required to be squared on both sides to show a flat between 5 centimetres and 15 centimetres an additional rate of $0.8964 per metre shall be paid over and above the rate for the article round.

2. Where any article is required to be squared on both sides to indicate an equal distance between flats at both ends an additional rate of $1.1529 per metre shall be paid over and above the rate for the article round.

Item 3

Where it is required that the small end of a prop be sharpened to a point measuring not less than twenty centimetres in length by two centimetres square the following additional rates shall be paid:

10 cm prop	-	51.00 cents each
12 cm prop	-	66.36 cents each
14 cm prop	-	80.79 cents each
16 cm prop	-	94.03 cents each
18 cm prop (leg)	-	$1.0811 cents each

Where the large end is required to be pointed the next larger diameter rate shall be paid.

Item 4

Where any colliery requires and specifies approved hardwood or ironbark the rate paid shall be the hardwood rate plus 25 per cent.

Item 5

1. Sawn Mining Timber - Where an employer provides, runs and maintains a sawmill and all necessary equipment producing sawn mining timber, the following rates per cubic metre shall be paid to piecework employees:

Slabs, Pit Sleepers, Lagging	Ordinary slabs (not gauge cut)	Sawn square (gauge cut)
	$	$
Up to 150 cm2 end section	72.19 m3	85.32 m3
Over 150 cm2 end section	92.86 m3	115.83 m3

Railway Sleepers, Square Sleepers, Sets, Girders, Transoms

		Ironbark and
		Approved
	Hardwood	Hardwood
	$	$
Up to 225 cm2 end section	115.83 m3	131.86 m3
Over 225 cm2 end section	131.86 m3	154.77 m3
Lids
Up to 57 cm2 end section	$73.73 m3
Caps
Over 57 cm2 end section	$96.81 m3
Wedges
10 cm x 2.5 cm and over	$194.01 m3

The above rates when applicable, shall be paid, equally divided, between all employees engaged in the production of the sawn timber from logs landed at the mill site.

Calculation of cubic metre content shall be based on the specified size required at each individual colliery.

2. Where an employer requires an employee to provide, run and maintain equipment to produce sawn mining timber the employer shall pay, in addition to the rates prescribed in clause 1 hereof, the following equipment hiring allowance per cubic metre calculated as per colliery specifications.

Slabs, pit sleepers, lagging caps, lids and wedges $35.69 m3

Railway sleepers, squared sleepers, sets, girders and transoms

Up to 225 cm2 end section	$53.84 m3
Over 225 cm2 end section	$71.91 m3

3. Where employees are engaged under clause 2 hereof the employer shall pay, direct to the owners of the equipment, the appropriate equipment hiring allowance and such allowance shall not be part of wages.

4. Where an employer wishes to pay weekly wages to employees employed under clauses 1 and 2 hereof such payment shall be a matter of determination between the employer and the union, where applicable, providing the basis of any agreement shall be the award wage.

Item 6

Half round baulks - rate per pair (for halving only)

1. Payment shall be calculated at the following cubic metre rate per pair for the sawing of same:

16 x 18 cm	18 x 9 cm	20 x 10 cm	22 x 11 cm and over
$26.56 m3	$23.10 m3	$20.79 m3	$18.46 m3

To calculate the cutting and snigging rate for any individual item the above appropriate cubic metre rate shall be multiplied by the volume of the item as set out in the volume tables included in the Forestry Commission's "Schedules of Stumpage Rates for Round, Split, Hewn and Miscellaneous Timbers".

2. The rates set out in the above schedule include 20 per cent equipment hiring allowance.

3. Where the employer finds, runs and maintains the mill, the employees employed on sawing baulks to produce a pair of half round baulks shall be entitled to 80 per cent only of the price per pair shown in the above schedule.

4. Where the employee finds, runs and maintains the equipment the employee shall be paid the rates set out in the above schedule, 80 per cent of such payment being wages and 20 per cent equipment hire allowance.

Item 7

Special snigging rates

Rate per cubic metre

	$
1. Logs (for conversion into sawn mining timber)	16.80
Sawn timber	28.42
2. Snigging rates

2.1 Where an employee snigs mining timber a distance in excess of 1000 metres the rate paid shall be the ordinary snigging rate plus 33-1/3 per cent, providing the distance is not in excess of 2000 metres.

2.2 Where an employee transports mining timber a distance in excess of 2000 metres to a dump suitable for loading of the employer's particular vehicle and the employee provides a truck or some other suitable vehicle for this purpose, the employee shall be paid in addition to the ordinary snigging rate a rate equal to 50 per cent of the current snigging rate; providing such distance does not exceed a total of ten kilometres from the original falling site of timber.

Item 8

Wedges, Lids, Caps, Props and Half Round Bars - Bundling Per 100 Pieces

	Wages $	Gear Allowance $	Total $
Wedges	2.82	0.65	3.47
Lids	3.81	0.88	4.69
Caps	4.68	1.08	5.76
Props all sizes	44.48	10.44	54.92
Half round bars	44.48	10.44	54.92

Item 9

Drilling of Holes ¾ Right Angle ¾ Rate Per 100 Holes

	Wages $	Gear Allowance $	Total $
Up to 2.5 cm diameter	29.18	6.72	35.90
Over 2.5 cm to 3.15cm	38.85	8.95	47.80
Over 3.15cm to 3.75 cm	73.04	16.83	89.87
Over 3.75cm	97.36	22.44	119.80

Holes Drilled Other Than at Right Angles ¾ Rate Per 100 Holes

	Wages $	Gear Allowance $	Total $
Up to 2.5 cm diameter	38.87	8.84	47.71
Over 2.5 cm to 3.15cm	63.05	14.58	77.63
Over 3.15cm to 3.75 cm	90.17	22.44	112.61
Over 3.75cm	124.02	28.04	152.06

Item 10

Cartage Rates for Owner Drivers

Where any employer engages an owner driver to haul mining timber to any location the following zonal rates of cartage shall apply per cubic metre.

Such cubic metre measure shall be calculated similarly as those designated by the Forestry Commission of NSW and as contained in the volume covering the schedules of Stumpage rates for Round, Split, Hewn and Miscellaneous Timbers based on the following schedules.

Radius distance		Forestry schedule
Miles	Kilometres	applicable

0/25	0/40	43
Over 25/37	Over 40/60	46
Over 37/50	Over 60/80	48
Over 50/62	Over 80/100	49
Over 62/75	Over 100/120	50
Over 75/87	Over 120/140	52
Over 87/100	Over 140/160	53
Over 100/112	Over 160/180	54
Over 112/125	Over 180/200	55
Over 125/137	Over 200/220	56
Over 137/150	Over 220/240	58
Over 150/162	Over 240/260	59
Over 162/175	Over 260/280	60
Over 175/187	Over 280/300	61
Over 187/200	Over 300/320	62
Over 200/212	Over 320/340	64
Over 212/225	Over 340/360	67
Over 225/237	Over 360/380	71
Over 237/250	Over 380/400	74
Over 250/262	Over 400/420	78
Over 262/275	Over 420/440	82
Over 275/287	Over 440/460	85
Over 287/300	Over 460/480	89
Over 300/312	Over 480/500	92
Over 312/325	Over 500/520	96
Over 325/337	Over 520/540	100
Over 337/350	Over 540/560	103

APPENDIX B - Milling and Processing Sector

1. Classification and Skill Level ¾ Definitions for the Milling and Processing Sector

Notwithstanding anything elsewhere contained in this award, the following definitions are intended to convey the broad intent of the parties as to the relative skills, responsibilities and conditions under which employees at each level will work.

1.1 Milling and Processing - Level 1 - Relativity to Level 5 - 78%.

1.1.1 General -

1.1.1(a)(iii) suitable conditions have been provided for training including sufficient time, appropriate environment and equipment and a skilled trainer; and

1.1.1(a)(iv) given the above, the employee has not reached the standards of competence set down in the skill development programme.

1.1.1(b) Process for extension of the Term in Level 1 beyond three months - Where an employer proposes that the term an employee will spend in Level 1 should be extended beyond three months the following actions will be taken at least three weeks before the expiration of the initial three months:

1.1.1(b)(iii) subsequent to the advice of intention to extend the period in Level 1 beyond three months being issued, a meeting will be held between the employer and the employee and a full-time official of the union or their nominee where the employee is a union member. At this meeting the parties will develop and agree on a plan (including time frames) to assist the employee to develop competence to the required standard in the areas identified as deficient agreed with by the employee. This plan will be documented and signed by all parties - that is the employer, the employee and the union official where the employee is a union member;

1.1.1(b)(v) A Level 1 worker:

1. will complete a program of induction training;

2. will complete a program of skills training to meet the requirement of being able to competently perform work within the scope of Level 2.

1.1.2 General description of skills required - A Level 1 worker will exercise the following skills:

1.1.2(a) the ability to follow instructions;

1.1.2(b) manual handling skills; and

1.1.2(c) the ability to follow standards and procedures.

1.1.3 General description of knowledge required - A Level 1 worker will develop the following:

1.1.3(a) broad knowledge of the industry Sector and operations at the enterprise level;

1.1.3(b) broad understanding of all functions carried out in the enterprise;

1.1.3(c) understanding of health and safety regulations and procedures relevant to the level;

1.1.3(d) an understanding of the employment conditions set out in the award, and enterprise policies and procedures relating to conditions;

1.1.3(e) knowledge of the resource used in the Sector; and

1.1.3(f) knowledge of the range and uses of basic hand tools.

1.1.4 Induction training - Induction training will include the following:

1.1.4(a) basic occupational health and safety;

1.1.4(b) first aid;

1.1.4(c) conditions of employment; and

1.1.4(d) company policies and objectives.

1.1.5 Level of responsibility - Workers at Level 1 will work under direct supervision at all times and will be expected to exercise minimal judgment.

1.2 Milling and Processing - Level 2 - Relativity to Level 5 - 82%.

1.2.1 General - An employee at this level performs work above and beyond the skills of a Level 1 employee and is competent to perform work within the scope of this level.

At this level an employee:

1.2.1(a) Will have a broad general knowledge of the Industry and the functions carried out in the workplace.

1.2.1(b) Works under direct supervision either individually or in a team environment.

1.2.1(c) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults.

1.2.1(d) Understands and utilises basic process control procedures.

1.2.1(e) May assist skilled trainers in the provision of on‑the‑job training.

1.2.1(f) Should be given the opportunity to participate in ongoing skills training to enable to progress to Level 3.

1.2.2(a) sorts, stacks and binds materials;

1.2.2(b) uses selected hand tools;

1.2.2(c) racks timber (manually or mechanically);

1.2.2(d) assemble boxes and crates;

1.2.2(e) grades round poles and peels posts for preservation;

1.2.2(f) operates manual transfer equipment;

1.2.2(g) produces beams using nail plates;

1.2.2(h) operates a range of basic pre set wood machines as prescribed within the current definitions of the award appropriate to this level.

1.2.2(i) assists in preparing timber orders by selecting pre-cut timber from stocks; and

1.2.2(j) operates chainsaw at a basic level ancillary to normal duties.

1.2.3 General description of skills required - In addition to those outlined in Level 1:

1.2.3(a) manual handling skills;

1.2.3(b) the ability to make judgements by eye of size and shape;

1.2.3(c) ability to operate basic, pre-set cutting equipment;

1.2.3(d) ability to use hand power tools safely; and

1.2.3(e) problem solving skills.

1.2.4 General description of knowledge required - In addition to that outlined in Level 1:

1.2.4(a) basic knowledge of timber use and value;

1.2.4(b) awareness of occupational health and safety procedures for pre-set cutting equipment, and other health and safety procedures; and

1.2.4(c) knowledge of the functions and use of hand tools and base technology saws/machine/equipment for this level.

1.2.5 Level of responsibility - An employee at this level will be:

1.2.5(a) responsible for identifying and solving minor problems which occur in the work process the Level 2 worker is directly responsible for;

1.2.5(b) required to work to predetermined standards and outcomes; and

1.2.5(c) responsible for keeping own work area safe and clean.

1.3 Milling and Processing - Level 3 - Relativity to Level 5 - 87.4%.

1.3.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 2 and is competent to perform work within the scope of this level.

At this level an employee:

1.3.1(a) is responsible for the quality of own work subject to general supervision;

1.3.1(b) works under general supervision either individually or in a team environment;

1.3.1(c) exercises discretion within own level of skills and training;

1.3.1(d) operates flexibly between work stations and machines;

1.3.1(e) may assist skilled trainers in the provision of on‑the‑job training; and

1.3.1(f) should be given the opportunity to participate in ongoing skills training to enable progress to Level 4.

1.3.2(a) preliminary processing of logs;

1.3.2(b) operates and maintains mechanical debarking equipment;

1.3.2(c) demonstrates basic keyboard skills;

1.3.2(d) assembles pallets, boxes and crates;

1.3.2(e) controls the flow of materials through mill;

1.3.2(f) operates, resets and maintains planing machines;

1.3.2(g) operates recovery bench, breaking down rig (no sizing mode), bench controls;

1.3.2(h) operates and maintains drilling machines, static press, snatcher, tilt hoist;

1.3.2(i) operates and maintains chipping machines;

1.3.2(j) assists breaking down sawyer;

1.3.2(k) sets up single multi‑rip saws, band resaw and circular saws;

1.3.2(l) prepares preservation solution and appropriate paperwork at the appropriate level;

1.3.2(m) operates and maintains chainsaws to a higher level than level 2;

1.3.2(n) prepares timber orders and tallies timber;

1.3.2(o) grades timber visually according to quality; (1)

1.3.2(p) operates pulpwood processing equipment;

1.3.2(q) laminates, fabricates or assembles timber, plywood and veneers;

1.3.2(r) assists a tradesperson to carry out their duties;

1.3.2(s) sets up and operates a range of wood machines as prescribed within the current definitions of the award appropriate to this level;

1.3.2(t) operates waste chipper/hogger;

1.3.2(u) sorts on boardline or similar process;

1.3.2(v) operates traverser machine;

1.3.2(w) tails out moulder, planer or equivalent machinery and pulls out behind saw benches; and

1.3.2(x) operates docking and/or trim saws to eliminate defects.

NOTE: (1) Employees must have completed a recognised grading course

1.3.3 General description of skills required - In addition to those outlined in Level 2:

1.3.3(a) ability to interpret and follow plans and procedures;

1.3.3(b) problem solving skills;

1.3.3(c) ability to operate machinery/saws/equipment according to prescribed procedures and standards appropriate to this level;

1.3.3(d) ability to grade timber according to obvious defects and to exercise quality control; and

1.3.3(e) ability to record in writing simple information relating to lengths and species of timber.

1.3.4 General description of knowledge required - In addition to that outlined in Level 2:

1.3.4(a) knowledge of commonly used timbers, their value, and what products they can be used for;

1.3.4(b) knowledge of storage, stacking and drying technique;

1.3.4(c) knowledge of the functions and use of saws, machines and equipment for this level;

1.3.4(d) knowledge of health and safety procedures/regulations appropriate to this level;

1.3.4(e) knowledge of the industry standards for tasks performed at this level; and

1.3.4(f) knowledge of quality control standards appropriate to this level.

1.3.5 Level of responsibility -

1.4 Milling and Processing - Level 4 - Relativity to Level 5 - 92.4%.

1.4.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 3 and is competent to perform work within the scope of this level.

At this level an employee:

1.4.1(a) works from complex instructions and procedures;

1.4.1(b) may assist skilled trainers in provision of on‑the‑job training;

1.4.1(c) works in a team environment or works individually under general supervision;

1.4.1(d) is responsible for assuring the quality of work in own areas; and

1.4.1(e) should be given the opportunity to participate in ongoing skills training to enable progress to Level 5.

1.4.2(a) maintains and fault finds on plant and equipment (including lubrication);

1.4.2(b) maintains mill buildings;

1.4.2(c) performs non-trade carpentry functions;

1.4.2(d) operates and maintains mobile equipment (multi‑skilled operator ‑ loader, forklift, crane); (1)

1.4.2(e) demonstrates intermediate keyboard skills including CNC operations in saws and/or machines where the operator controls one process only;

1.4.2(f) sets up, monitors and operates twin edgers, single and double bandsaws, bench saw not cutting to size;

1.4.2(g) operates optimising docker (computerised) and finger jointer;

1.4.2(h) grades timber (includes mechanical stress grader); (2)

1.4.2(i) undertakes primary conversion of logs (no sizing);

1.4.2(j) analyses log moisture content and select preservation method;

1.4.2(k) prepare preservation solution and appropriate paperwork at the appropriate level;

1.4.2(l) loads/unloads cylinder and monitors faulty operation at the appropriate level;

1.4.2(m) laminated beam maker - responsible for setting up machine, setting out product and operating machine other than on a continuous basis;

1.4.2(n) selects, grades and marks materials for re-manufacture and from stock for filling orders, including tallying, measuring and checking of complete orders and compiling for dispatch;

1.4.2(o) operates and maintains hydraulic debarking equipment;

1.4.2(p) attends boiler/kilns as required and responsible for temperature readings and records;

1.4.2(q) sharpens saws (with or without tensioning) chainsaws, hand tools, knives, grinds and sharpens debarker/chipper blades and operates punching press for saws (without tipping); and

1.4.2(r) operates and maintains mechanical stacking and sorting equipment.

NOTE: (1) Employees must hold appropriate licences/certification

(2) Employees must have completed a recognised stress grading course

1.4.3 General description of skills required - In addition to that outlined in Level 3:

1.4.3(a) ability to set up and adjust machines to produce a specific product;

1.4.3(b) ability to drive and operate mobile machinery;

1.4.3(c) ability to complete simple clerical tasks;

1.4.3(d) problem solving skills;

1.4.3(e) ability to select suitable methods for completing tasks and plan the order in which to complete them; and

1.4.3(f) ability to assess timber for cutting giving regard to quality and the purpose it will be used for.

1.4.4 General description of knowledge required - In addition to that outlined in Level 3:

1.4.4(a) knowledge of saws, machinery and equipment used at this level;

1.4.4(b) knowledge of health and safety legislation and procedures appropriate to this level; and

1.4.4(c) knowledge of the industry standards for tasks performed at this level.

1.4.5 Level of responsibility -

1.4.5(b) The employee will also be responsible for identifying and solving problems which occur in the work process the Level 4 worker is directly responsible for, and in conjunction with others for identifying and solving problems in the work area.

1.4.6 Promotional criteria - An employee remains at this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.5 Milling and Processing - Level 5 - Relativity to Level 5 - 100%.

1.5.1 General

Timber Tradesperson

Milling and Processing Employee

An employee at this level works above and beyond an employee at Level 4 and is competent to perform work within the scope of this level.

At this level an employee:

1.5.1(a) understands and applies quality control techniques;

1.5.1(b) exercises good interpersonal and communication skills;

1.5.1(c) exercises keyboard skills at a level higher than Level 4;

1.5.1(d) exercises discretion within the scope of this grade;

1.5.1(e) performs work under limited supervision either individually or in a team environment;

1.5.1(f) able to inspect products and/or materials for conformity with established operational standards; and

1.5.1(g) conducts training in conjunction with a skilled trainer as required.

1.5.2 Timber tradesperson - A Timber Tradesperson Level 5 is an employee who holds a Trade Certificate or Tradespersons Rights Certificate as a:

1.5.2(a) Timber Tradesperson - Sawdoctor;

1.5.2(b) Timber Tradesperson ‑ Wood Machinist;

1.5.2(c) Timber Tradesperson ‑ Millwright;

and is able to exercise the skills and knowledge of that trade and may be required to supervise other employees.

1.5.3 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level:

1.5.3(a) understands and applies quality control techniques for self and others;

1.5.3(b) exercises good interpersonal and communication skills;

1.5.3(c) exercises keyboard skills at a level higher than Level 4;

1.5.3(d) exercises discretion within the scope of this grade;

1.5.3(e) performs work under limited supervision either individually or in a team environment;

1.5.3(f) operates all lifting equipment incidental to own work;

1.5.3(g) performs non‑trade tasks incidental to own work;

1.5.3(h) performs work which, while primarily involving the skills of the employee’s trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task; such incidental or peripheral work would not require additional formal technical training; and

1.5.3(i) inspects products and/or materials for conformity with established operational standards as required.

1.5.4 Level of responsibility -

1.5.4(a) An employee at this level has greater responsibility than those at Level 4 in that the employee may be responsible for the work of others through the monitoring role. The employee will be responsible for work outcomes regarding quantity and quality in own area, including own work and the work of others. The employee may be required to supervise others in groups in the training situation. An employee at this level will be required to exercise discretion in the planning and carrying out of work.

1.5.4(b) The employee will also be responsible, with others, for identifying and solving problems in their work areas; if supervising others for initiating, coordinating and monitoring problem solving in own work area; for identifying and reporting problems in other work areas where they affect activity in own work area.

1.5.5 Promotional criteria - An employee remains at this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.6 Milling and Processing Employee - Level 5 - Relativity to Level 5 - 100%.

1.6.1 General - An employee at this level performs work above and beyond the skills of a Level 4 employee and is competent to perform work within the scope of this level.

At this level an employee:

1.6.1(a) understands and applies quality control techniques;

1.6.1(b) exercises good interpersonal and communication skills;

1.6.1(c) exercises keyboard skills at a level higher than Level 4;

1.6.1(d) exercises discretion within the scope of this grade;

1.6.1(e) performs work under limited supervision either individually or in a team environment;

1.6.1(f) able to inspect products and/or materials for conformity with established operational standards; and

1.6.1(g) conducts training in conjunction with a skilled trainer as required.

1.6.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level:

1.6.2(a) operates a breaking down rig (primary conversion with sizing);

1.6.2(b) operating No. 1 bench;

1.6.2(c) supervision of kiln operations;

1.6.2(d) hardens/tempers/beats out saws;

1.6.2(e) weighs and records loads of timber and maintains security of the premises;

1.6.2(f) operates ship loading equipment;

1.6.2(g) laminated beam maker - responsible for setting up machine, setting out product and operating machine on a continuous process; and

1.6.2(h) sets up and operates a range of wood machines within the current definitions of the award appropriate to this level.

1.6.3 General description of skills required - In addition to those outlined in Level 4:

1.6.3(a) ability to make decisions regarding work processes and implement them in own work area;

1.6.3(b) ability to use judgement based on experience to optimise productivity in own work area;

1.6.3(c) ability to supervise workers in the training situation;

1.6.3(d) ability to set up, operate and monitor mechanical and CNC equipment used in work area;

1.6.3(e) ability to work to standards requiring precision and attention to detail; and

1.6.3(f) problem solving skills.

1.6.4 General description of knowledge required - In addition to that outlined in Level 4:

1.6.4(a) detailed knowledge of the sector and work undertaken at the enterprise;

1.6.4(b) understanding of quality control techniques;

1.6.4(c) knowledge of industry standards for product and/or materials;

1.6.4(d) thorough knowledge of equipment/machinery used in the work area;

1.6.4(e) knowledge of occupational health, safety techniques and legislation for work undertaken at this level;

1.6.4(f) detailed knowledge of product used; and

1.6.4(g) knowledge of training principles and practices.

1.6.5 Level of responsibility -

1.6.5(a) An employee at this level has greater responsibility than at Level 4 in that the employee may be responsible for the work of others through the monitoring role. The employee will be responsible for work outcomes regarding quantity and quality in own area, including own work and the work of others. The employee may be required to supervise others in groups in the training situation. An employee at this level will be required to exercise discretion in the planning and carrying out of work.

1.6.5(b) The employee will also be responsible, with others, for identifying and solving problems in their work areas; if supervising others for initiating, coordinating and monitoring problem solving in own work area; for identifying and reporting problems in other work areas where they affect activity in own work area.

1.6.6 Promotional criteria - An employee remains at this level until capable of effectively performing through assessment or appropriate certification the tasks required of the next level so as to enable progress as a position becomes available.

1.7 Milling and Processing ‑ Level 6 - Relativity to Level 5 - 105%.

1.7.1 General -

Timber Tradesperson

Milling and Processing Employee

A Timber Tradesperson at this level works above and beyond an employee at Level 5 and is competent to perform work within the scope of this level.

At this level an employee:

1.7.1(a) understands and applies quality control techniques;

1.7.1(b) exercises good interpersonal and communication skills;

1.7.1(c) exercises keyboard skills at a level higher than Level 5;

1.7.1(d) exercises discretion within the scope of this grade;

1.7.1(e) performs work under limited supervision either individually or in a team environment;

1.7.1(f) will be responsible for planning own work and the work of others and for the quantity and quality of the results of that work; and

1.7.1(g) conducts training as required.

1.7.2 Timber tradesperson - A Timber Tradesperson Level 6 is a Saw Doctor Tradesperson who has completed an appropriate post trade course in maintaining high tension saws and stellite tipping or a Wood Machinist Tradesperson who has completed an appropriate post trade course (or equivalent) in CNC and PLC machinery operations and CAD design systems and is able to exercise the skills and knowledge of that trade and may be required to supervise other employees.

1.7.3 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level:

1.7.3(a) exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards of this award;

1.7.3(b) exercises discretion within the scope of this grade;

1.7.3(c) works under limited supervision either individually or in a team environment;

1.7.3(d) understands and implements quality control techniques;

1.7.3(e) provides trade guidance and assistance as part of a work team;

1.7.3(f) exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Timber Tradesperson Level 5;

1.7.3(g) supervision and training of employees as required; and

1.7.3(h) ability to plan, conduct and evaluate training both on and off the job, one to one and in groups.

1.7.4 Level of responsibility - An employee at this level will be responsible in conjunction with others for identifying and solving problems in own work area. If supervising others the employee will be responsible for initiating, coordinating and monitoring problem solving in own work area. The employee will be responsible for identifying and reporting problems in other work areas where they affect activity in own work area.

1.8 Milling and Processing Employee - Level 6 - Relativity to Level 5 - 105%.

1.8.1 General - An employee at this level performs work above and beyond the skills of a Level 5 Milling and Processing employee and is competent to perform work within the scope of this level and has acquired skills recognised by the employer.

At this level an employee:

1.8.1(a) understands and applies quality control techniques;

1.8.1(b) exercises good interpersonal and communication skills;

1.8.1(c) exercises keyboard skills at a level higher than Level 5;

1.8.1(d) exercises discretion within the scope of this grade;

1.8.1(e) performs work under limited supervision either individually or in a team environment;

1.8.1(f) will be responsible for planning own work and the work of others and for the quantity and quality of the results of that work; and

1.8.1(g) conducts training as required.

1.8.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected after suitable training to operate flexibly between work stations at this level:

1.8.2(a) operates a wide range of complex machines, saws and/or equipment in the work place;

1.8.2(b) exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards of this award;

1.8.2(c) exercises discretion within the scope of this grade;

1.8.2(d) works under limited supervision either individually or in a team environment;

1.8.2(e) understands and implements quality control techniques;

1.8.2(f) supervision and training of employees as required; and

1.8.2(g) ability to plan, conduct and evaluate training both on and off the job, one to one and in groups.

1.8.3 General description of skills required - In addition to those outlined in Level 5:

1.8.3(a) the ability to plan work for self and others;

1.8.3(b) problem solving skills;

1.8.3(c) ability to apply quality control techniques to the work of self and others;

1.8.3(d) ability to plan, conduct and evaluate training both on and off the job, one to one and in groups;

1.8.3(e) highly effective interpersonal and communication skills;

1.8.3(f) ability to apply relevant legislation to work of self and others; and

1.8.3(g) ability to exercise Level 6 skills.

1.8.4 General description of knowledge required - In addition to that outlined in Level 5:

1.8.4(a) detailed knowledge of the Sector and operations in the enterprise;

1.8.4(b) in-depth knowledge of health and safety regulations and procedures relevant to this level;

1.8.4(c) a knowledge of training principle and practices; and

1.8.4(d) knowledge of CAD/Cam operations.

1.8.5 Level of responsibility -

1.8.5(a) Workers a this level will operate with limited and intermittent direction. They will be responsible for planning their own work and the work of others and ensuring it is completed on time to established standards.

1.8.5(b) Responsibility for a high degree of precision and accuracy in all work performed will be important.

1.8.5(c) Level 6 workers may be responsible for the operations of a work team. They will be responsible in conjunction with others for identifying and solving problems in their own work area. If supervising others they will be responsible for initiating, coordinating and monitoring problem solving in their own work area. They will be responsible for identifying and reporting problems in other work areas where they affect activity in their own work area.

APPENDIX C ¾ BOARD, PANEL AND VENEER SECTOR

1. Classification and Skill Level - Definitions for the Veneer and Plywood Sector

Notwithstanding anything elsewhere contained in this award, the following definitions are intended to convey the broad intent of the parties as to the relative skills, responsibilities and conditions under which employees at each level will work.

The provisions of the Sawmillers, & c. (State) Award, as varied, shall apply to persons performing work provided for in this appendix unless such provisions are inconsistent with the provisions of this appendix.

1.1 Veneer and Plywood - Level 1 - Relativity to Level 5 General Award - 78%.

1.1.1 General -

1.1.1(a)(iii) suitable conditions have been provided for training including sufficient time, appropriate environment and equipment and a skilled trainer; and

1.1.1(a)(iv) given the above, the employee has not reached the standards of competence set down in the skill development programme.

1.1.1(b)(v) A Level 1 worker:

1. will complete a program of induction training;

2. will complete a program of skills training to meet the requirement of being able to competently perform work within the scope of Level 2.

1.1.2 General description of skills required - A Level 1 worker will exercise the following skills:

1.1.2(a) the ability to follow instructions;

1.1.2(b) manual handling skills; and

1.1.2(c) the ability to follow standards and procedures.

1.1.3 General description of knowledge required - A Level 1 worker will develop the following:

1.1.3(a) broad knowledge of the industry sector and operations at the enterprise level;

1.1.3(b) broad understanding of all functions carried out in the enterprise;

1.1.3(c) understanding of health and safety regulations and procedures relevant to the level;

1.1.3(d) an understanding of the employment conditions set out in the award, and enterprise policies and procedures relating to conditions;

1.1.3(e) knowledge of the resource used in the sector; and

1.1.3(f) knowledge of the range and uses of basic hand tools.

1.1.4 Induction training - Induction training will include the following:

1.1.4(a) basic occupational health and safety;

1.1.4(b) first aid;

1.1.4(c) conditions of employment; and

1.1.4(d) company policies and objectives.

1.1.5 Level of responsibility - Workers at Level 1 will work under direct supervision at all times and will be expected to exercise minimal judgement.

1.2 Veneer and Plywood - Level 2 - Relativity to Level 5 General Award - 82%.

1.2.1 General - An employee at this level performs work above and beyond the skills of a Level 1 employee and is competent to perform work within the scope of this level.

At this level an employee:

1.2.1(a) will have broad general knowledge of the industry and the functions carried out in the workplace;

1.2.1(b) works under direct supervision either individually or in a team environment;

1.2.1(c) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

1.2.1(d) understands and utilises basic process control procedures;

1.2.1(e) should be given the opportunity to participate in ongoing skills training to enable progress to Level 3; and

1.2.1(f) may assist skilled trainees in the provision of on-the-job training.

1.2.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected, after suitable training, to operate flexibly between work stations at this level:

1.2.2(a) uses selected hand tools;

1.2.2(b) centre feeder and/or core feeder and/or coverlayer and/or assistant in glue spreading;

1.2.2(c) veneer joiner and/or repairer where the work is done by hand with less than one year’s experience;

1.2.2(d) tapeless veneer joining machine - with less than one year’s experience;

1.2.2(e) operator on power-operated veneer edge truing or trimming machine (saw, cutter block or guillotine) where the machinist is never required to set up the machine nor to grind the knives and cutters but is merely an operator or feeder of the machine;

1.2.2(f) assembling veneers with film glue;

1.2.2(g) plywood and veneer grader grading into three or more classes;

1.2.2(h) flat press operators and assistants not elsewhere specified;

1.2.2(i) operates manual transfer equipment;

1.2.2(j) assistant to lathe or slicer operator;

1.2.2(k) plywood scarfing machine where the machinist is never required to set up the machine nor to grind the knives and cutters but is merely an operator;

1.2.2(l) assistant to veneer kiln drier or re-drier operator who operates a drying kiln;

1.2.2(m) other operators of immunising plant;

1.2.2(n) assistant on veneer clipper machine;

1.2.2(o) taping and glue thread machinist with less than one year’s experience;

1.2.2(p) operator of plywood trimming machine using parallel saws;

1.2.2(q) belt sander in sanding of plywood faced with rotary peel veneer;

1.2.2(r) edge gluing veneer by hand or roller for tapeless joining machine;

1.2.2(s) guillotine operator, not elsewhere included;

1.2.2(t) feeder and/or assistant on automatic core assembling machine;

1.2.2(u) operator of folding machine; and

1.2.2(v) glue spreading spray gun operator.

1.2.3 General description of skills required - In addition to those outlined in Level 1:

1.2.3(a) manual handling skills;

1.2.3(b) the ability to make judgements by measurement coupled to quality control procedures;

1.2.3(c) ability to operate basic, pre-set cutting equipment;

1.2.3(d) ability to use hand power tools safely; and

1.2.3(e) problem solving skills.

1.2.4 General description of knowledge required - In addition to that outlined in Level 1:

1.2.4(a) basic knowledge of timber, veneer and plywood use and value;

1.2.4(b) awareness of occupational health and safety procedures for pre-set cutting equipment, and other health and safety procedures; and

1.2.4(c) knowledge of the functions and use of hand tools and base technology saws/machine/equipment for this level.

1.2.5 Level of responsibility - An employee at this level will be:

1.2.5(a) responsible for identifying and solving minor problems which occur in the work process the Level 2 worker is directly responsible for;

1.2.5(b) will be required to work to predetermined standards and outcomes; and

1.2.5(c) responsible for keeping own work area safe and clean.

1.3 Veneer and Plywood - Level 3 - Relativity to Level 5 General Award - 87.4%.

1.3.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 2 and is competent to perform work within the scope of this level.

At this level an employee:

1.3.1(a) is responsible for the quality of own work subject to general supervision;

1.3.1(b) works under general supervision either individually or in a team environment;

1.3.1(c) exercises discretion within own level of skills and training;

1.3.1(d) operates flexibly between work stations and machines;

1.3.1(e) may assist skilled trainers in the provision of on-the-job training; and

1.3.1(f) should be given the opportunity to participate in ongoing skills training to enable progress to Level 4.

1.3.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below and will be expected, after suitable training, to operate flexibly between work stations at this level:

1.3.2(a) centre layer and/or corelayer and/or coremaker building up solid timber and/or veneer centres;

1.3.2(b) veneer joiners and/or repairers where the work is done by hand with one year’s experience;

1.3.2(c) operator on power-operated veneer edge truing or trimming machine (cutter block or guillotine) where the machinist has not been required to grind the knives and cutters but is at any time required to set up the machine and then only from such time as the employee is required so to act;

1.3.2(d) operator of hot press who sets the pressure and temperature but is not required to calculate areas and pressures and control temperatures;

1.3.2(e) operator of rotary veneer peeling lathe or slicing veneer machine;

1.3.2(f) plywood scarfing machinist where the machinist has not been required to grind the knives and cutters but is at any time required to grind the knives and cutters but is at any time required to set up the machine and then only from such time as the employee is required so to act;

1.3.2(g) veneer kiln drier heat plant operator or re-drier operator who operates a drying kiln drier or re-drier or who may be required to make temperature readings and records thereof;

1.3.2(h) veneer clipper operator in conjunction with rotary peeling lathe or slicing machine;

1.3.2(i) operates and maintains mechanical debarking equipment including grinding and sharpening blades;

1.3.2(j) taping glue thread, edge glued machinist with more than one year’s experience;

1.3.2(k) band sawyer using band saw up to 90 centimetres capacity, rough cutting and trimming;

1.3.2(l) operator of the belt sander in sanding of plywood faced with fancy sliced veneer;

1.3.2(m) operator employed on gluing jigs and/or cramps for the laminating fabrication or assembling of veneers, timber and plywood;

1.3.2(n) operator of power-operated veneer edge truing or trimming machine saw (saw type) where the operator is required to set up and sharpen the saw;

1.3.2(o) veneer splicing machine; and

1.3.2(p) adhesive solution mixer where test control procedures are not required.

1.3.3 General description of skills required - In addition to those outlined in Level 2:

1.3.3(a) ability to interpret and follow plans and procedures;

1.3.3(b) problem solving skills;

1.3.3(c) ability to operate machinery/saws/equipment according to prescribed procedures and standards appropriate to this level;

1.3.3(d) ability to grade timber veneer and plywood according to obvious defects and to exercise quality control; and

1.3.3(e) ability to record in writing simple information relating to physical dimensions and species of timber.

1.3.4 General description of knowledge required - In addition to that outlined in Level 2:

1.3.4(a) knowledge of commonly used timbers veneers and plywood their value, and what product they can be used for;

1.3.4(b) knowledge of storage, stacking and drying technique;

1.3.4(c) knowledge of the functions and use of saws, machines and equipment for this level;

1.3.4(d) knowledge of health and safety procedures/regulations appropriate to this level;

1.3.4(e) knowledge of the industry standards for tasks performed at this level; and

1.3.4(f) knowledge of quality control standards appropriate to this level.

1.3.5 Level of responsibility -

1.3.5(a) An employee at this level will operate under general direction for the whole job. Individual tasks will be completed according to clear, set procedures and standards. An employee will also be responsible for the quality of work within these limits.

1.4 Veneer and Plywood - Level 4 - Relativity to Level 5 General Award - 92.4%.

1.4.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 3 and is competent to perform work within the scope of this level.

At this level an employee:

1.4.1(a) works from complex instructions and procedures;

1.4.1(b) may assist skilled trainers in provision of on-the-job training;

1.4.1(c) works in a team environment or works individually under general supervision; and

1.4.1(d) is responsible for assuring the quality of work in own areas.

1.4.2 Indicative tasks - An employee at this level will perform any or all of the tasks listed below. They will be expected, as after suitable training, to operate flexibly between work stations at this level.

1.4.2(a) maintains and fault finds on plant and equipment (including lubrication);

1.4.2(b) adhesive solution mixer where the employee is required to mix, test control and check in operation and is responsible for its proper use;

1.4.2(c) veneer matcher responsible for selecting and setting out fancy sliced veneers to design or specification;

1.4.2(d) operator of power-driven veneer edge truing or trimming machine (cutter block or guillotine) where the operator is required to grind the knives and cutters and set up the machine;

1.4.2(e) employee in charge of hot process who sets pressures and temperatures and who is responsible for calculating areas and pressures and controlling temperatures and operators of specialty presses;

1.4.2(f) rotary veneer peeling lathe or slicing machine operator who sharpens knives and/or sets up the machine;

1.4.2(g) sharpens lathe knives, pressure bars, clipper blades and chipper;

1.4.2(h) plywood scarfing machinist where the machinist is ever required to set up the machine and grind the knives and cutters and then only from such time as the employee is required so to act;

1.4.2(i) employee in charge of veneer kiln heat plant operator or re-drier (plate roller or conveyor type) who is required to adjust temperatures, humidity, conditions, calculate moisture contents, test and control;

1.4.2(j) immunising plant operator who is required to control temperatures, preservative contents in solution and analyse treated timbers and/or veneer samples;

1.4.2(k) operator of Torwegge or similar automatic core assembling machine who is required to set up and adjust the machine and is fully responsible for the operation of such machine;

1.4.2(l) employee in charge of paper honeycomb making machine;

1.4.2(m) operator in graining machine where the operator is required to set up the machine and sharpen the blades;

1.4.2(n) operates and maintains mobile equipment appropriate to this level;

1.4.2(o) demonstrates intermediate keyboard skills including CNC operations in saws and/or machines where the operator controls one process only; and

1.4.2(p) operates and maintains hydraulic debarking equipment.

1.4.3 General description of skills required - In addition to that outlined in Level 3:

1.4.3(a) ability to set up and adjust machines to produce a specific product;

1.4.3(b) ability to drive and operate mobile machinery;

1.4.3(c) ability to complete simple clerical tasks;

1.4.3(d) problem solving skills;

1.4.3(e) ability to select suitable methods for completing tasks and plan the order in which to complete them; and

1.4.3(f) ability to assess timber veneer and plywood for cutting giving regard to quality and the purpose it will be used for.

1.4.4 General description of knowledge required - In addition to that outlined in Level 3:

1.4.4(a) knowledge of saws, machinery and equipment used at this level;

1.4.4(b) knowledge of health and safety legislation and procedures appropriate to this level; and

1.4.4(c) knowledge of the industry standards for tasks performed at this level.

1.4.5 Level of responsibility -

1.4.5(a) An employee at this level will operate under general direction for the whole job. In completing individual tasks an employee will work to set standards. The employer will be responsible for the quality of work in own area.

1.4.5(b) The employee will also be responsible for identifying and solving problems which occur in the work process the Level 4 worker is directly responsible for, and in conjunction with others for identifying and solving problems in the work area.

APPENDIX D ¾ MANUFACTURING AND JOINERY SECTOR

PART 1 ¾ CLASSIFICATION AND SKILL LEVEL ¾ DEFINITIONS FOR THE MANUFACTURING/JOINERY SECTOR

Notwithstanding anything elsewhere contained in this award, the following definitions are intended to convey the broad intent of the parties as to the relative skills, responsibilities and conditions under which employees at each level will work.

The provisions of the Sawmillers, &c. (State) Award, as varied, shall apply to persons performing work provided for in this appendix unless such provisions are inconsistent with the provisions of this appendix.

1. Definitions

1.1 Manufacturing ‑ Level 1 - Relativity to Level 5 - 78%.

1.1.1 General

1.1.1(a)(iii) suitable conditions have been provided for training including sufficient time, appropriate environment and equipment and a skilled trainer; and

1.1.1(a)(iv) given the above, the employee has not reached the standards of competence set down in the skill development programme.

1.1.1(b)(iii) subsequent to the advice of intention to extend the period in level 1 beyond three months being issued, a meeting will be held between the employer and the employee and a full-time official of the union or their nominee where the employee is a union member. At this meeting the parties will develop and agree on a plan (including time frames) to assist the employee to develop competence to the required standard in the areas identified as deficient agreed with by the employee. This plan will be documented and signed by all parties - that is the employer, the employee and the union official where the employee is a union member;

1.1.1(b)(v) A Level 1 worker:

(1) will complete a program of induction training;

(2) will complete a program of skills training to meet the requirement of being able to competently perform work within the scope of Level 2.

1.1.2 General description of skills required - A Level 1 worker will exercise the following skills:

1.1.2(a) the ability to follow instructions;

1.1.2(b) manual handling skills; and

1.1.2(c) the ability to follow standards and procedures.

1.1.3 General description of knowledge required - A Level 1 worker will develop the following:

1.1.3(a) broad knowledge of the industry sector and operations at the enterprise level;

1.1.3(b) broad understanding of all functions carried out in the enterprise;

1.1.3(c) understanding of health and safety regulations and procedures relevant to the level;

1.1.3(d) an understanding of the employment conditions set out in the award, and enterprise policies and procedures relating to conditions;

1.1.3(e) knowledge of the resource used in the sector; and

1.1.3(f) knowledge of the range and uses of basic hand tools.

1.1.4 Induction training - Induction training will include the following:

1.1.4(a) basic occupational health and safety;

1.1.4(b) first aid;

1.1.4(c) conditions of employment; and

1.1.4(d) company policies and objectives.

1.1.5 Level of responsibility - Workers at Level 1 will work under direct supervision at all times and will be expected to exercise minimal judgment.

1.2 Manufacturing - Level 2 - Relativity to Level 5 - 82%.

1.2.1 General - An employee at this level performs work above and beyond the skills of a Level 1 employee and is competent to perform work within the scope of this level.

At this level an employee:

1.2.1(a) will have a broad general knowledge of the industry and the functions carried out in the workplace;

1.2.1(b) works under direct supervision either individually or in a team environment;

1.2.1(c) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

1.2.1(d) understands and utilises basic process control procedures;

1.2.1(e) may assist skilled trainers in the provision of on‑the‑job training; and

1.2.1(f) should be given the opportunity to participate in ongoing skills training to enable progress to Level 3.

1.2.2(a) assists in assembling wall frames and roof trusses;

1.2.2(b) sorts, stacks and binds materials;

1.2.2(c) uses and maintains selected hand tools;

1.2.2(d) racks timber (manually or mechanically);

1.2.2(e) assemble boxes and crates or trellis;

1.2.2(f) primes and paints;

1.2.2(g) operates door and/or panel trimming machines where the operator is not required to set up such machine nor to grind the knives and cutters and operates punching and notching machines;

1.2.2(h) operates manual and motorised transfer equipment; (1)

1.2.2(i) produces beams using nail plates;

1.2.2(j) points posts;

1.2.2(k) operates a range of basic pre set wood machines as prescribed within the current definitions of the award appropriate to this level;

1.2.2(l) operates chainsaw at a basic level ancillary to normal duties;

1.2.2(m) operates cross cut and bench saws in box and case factories;

1.2.2(n) measures and records sawn timber; and

1.2.2(o) assists sawyer to change bandsaw.

Note: (1) Employees must hold appropriate permits/licences/certification

1.2.3 General description of skills required - In addition to those outlined in Level 1:

1.2.3(a) manual handling skills;

1.2.3(b) the ability to make judgements by eye of size and shape;

1.2.3(c) ability to operate basic, pre-set cutting equipment;

1.2.3(d) ability to use hand power tools safely; and

1.2.3(e) problem solving skills.

1.2.4 General description of knowledge required - In addition to that outlined in Level 1:

1.2.4(a) basic knowledge of timber use and value;

1.2.4(b) awareness of occupational health and safety procedures for pre-set cutting equipment, and other health and safety procedures; and

1.2.4(c) knowledge of the functions and use of hand tools and base technology saws/machine/equipment for this level.

1.2.5 Level of responsibility - An employee at this level:

1.2.5(a) will be responsible for identifying and solving minor problems which occur in the work process the Level 2 worker is directly responsible for;

1.2.5(b) will be required to work to predetermined standards and outcomes; and

1.2.5(c) responsible for keeping own work area safe and clean.

1.3 Manufacturing - Level 3 - Relativity to Level 5 - 87.4%.

1.3.1 General - An employee at this level performs work above and beyond the skills of an employee at Level 2 and is competent to perform work within the scope of this level.

At this level an employee:

1.3.1(a) is responsible for the quality of own work subject to general supervision;

1.3.1(b) works under general supervision either individually or in a team environment;

1.3.1(c) exercises discretion within own level of skills and training;

1.3.1(d) operates flexibly between work stations and machines;

1.3.1(e) may assist skilled trainers in the provision of on‑the‑job training; and

1.3.1(f) should be given the opportunity to participate in ongoing skills training to enable progress to Level 4.

1.3.2(a) assembles cable drums;

1.3.2(b) demonstrates basic keyboard skills;

1.3.2(c) assembles pallets, boxes and crates appropriate to this level;

1.3.2(d) assembles wall and roof trusses appropriate to this level;

1.3.2(e) assists in setting up jig for standard "A" roof trusses;

1.3.2(f) sets up and operates a range of saws including docking saws appropriate to this level;

1.3.2(g) tails out, checks timber and docks out faults;

1.3.2(h) sets up and operates a range of wood machines as prescribed in the current definitions of the award appropriate to this level;

1.3.2(i) surfaces floors;

1.3.2(j) bends timber by hand and machine;

1.3.2(k) assists in preparation of logs in log cabin manufacture;

1.3.2(l) operates spray painting machine;

1.3.2(m) operates and maintains chainsaws to a higher level than Level 2;

1.3.2(n) prepares timber orders and tallies timber;

1.3.2(o) grades timber visually according to quality; (1)

1.3.2(p) operates door and/or panel machines appropriate to this level;

1.3.2(q) assembler;

1.3.2(r) assistant or other operator to a laminated beam maker;

1.3.2(s) laminates, fabricates or assembles timber, plywood and veneers;

1.3.2(t) assists a tradesperson to carry out duties;

1.3.2(u) removes and replaces saw blades on dresser;

1.3.2(v) operates Traverser machine;

1.3.2(w) tails out moulder, planer or equivalent machinery and pulls out behind saw benches; and

1.3.2(x) operates docking and/or trim saws to eliminate defects.

Note: (1) Employees must have completed a recognised grading course