GLASS MAKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC5735 of 1999)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Classifications

3.         Wages

4.         Arbitrated Safety Net Adjustment

5.         Special Rates and Allowances

6.         Hours of Work

7.         Substitute Days

8.         Shift Work

9.         Holidays and Sundays

10.       Annual Holidays

11.       Annual Leave

12.       Long Service Leave

13.       Sick Leave

14.       Bereavement Leave

15.       Personal/Carer’s Leave

16.       Meal Breaks

17.       Overtime

18.       Redundancy

19.       Mixed Functions

20.       Payment of Wages

21.       Travelling Time and Fares

22.       Miscellaneous Provisions

23.       Settlement of Industrial Disputes

24.       Jury Service

25.       Motor Vehicle Allowance

26.       First-aid

27.       Rest Pauses

28.       Exemptions

29.       Anti-Discrimination

30.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Classifications

 

Category 1 - Plant Assistant - This category covers work in all areas of the factory and the site on which it is located which calls for the minimum skills covered in this division of the award.

 

The employee is required to have:

 

•           only such general and basic knowledge and understanding of the glass making and ancillary operations as will enable the employee to work with safety;

 

•           only such skills as can reasonably be expected from an adult in normal physical condition.  The work in this category includes: General cleaning and housekeeping of the factory area, site and buildings (other than machinery and equipment which is actually operating) and including special purpose areas such as canteens, locker rooms, amenities and offices, using, where necessary, common cleaning aids such as brooms, detergents, polishes and domestic vacuum cleaners. Manual movement of materials, products, packages, goods and other articles using, where necessary, non-mechanised aids such as barrows, trolleys and handcarts. Security checking of designated areas. Manual work such as digging and shovelling, using appropriate hand tools. Preparation and serving of meals and refreshments. Reconditioning of wooden and similar packaging aids such as pallets and crates using common handyman aids such as nail pullers, hammers and handsaws. Work of a nature consistent with the foregoing which requires equivalent skills and which is not covered by other categories defined in this division of the award.

 

Category 2 - Process Assistant - This category covers work activities which require, in addition to the basic skills referred to in Category 1, an understanding of and competence in working safely with or around specified parts of the process machinery and its ancillary equipment.

 

The employee is required to demonstrate developed skills related to one or more of the following activities:

 

•           The operation of powered housekeeping and cleaning equipment such as mechanical brooms and industrial vacuum cleaners.

 

•           The cleaning of immobilised parts of the plant and equipment using, where necessary, specialised aids such as chemical reagents and steam.

 

•           The lubrication of process and ancillary equipment which may actually be in operation.

 

•           The handling of machine parts, without the use of specialised tools, during such activities as mould gear changes.

 

•           The operation of single purpose powered equipment used in the ancillary process, such as pigment mills, mixers and carton erectors and sealers.

 

•           The operation of single purpose machines used in the subsequent processing of formed ware, such as applied pigment, decorating and labelling machines.

 

Other activities which are equivalent to the examples described in terms of the levels of understanding and skills required.

 

An employee skilled in one of the areas of activity described shall be willing to become proficient, within a reasonable period of time, in related areas of activity.

 

Category 3 - Melt Operator - This category covers the work activities associated with the mixing, conditioning, melting and reacting of the raw materials used in the glass making process and with the refining and temperature control of the molten glass required for the ware forming operation.

 

The employee is required to have a sufficient level of understanding of:

 

•           the raw materials used for glass making;

 

•           the equipment used for mixing and conditioning;

 

•           the melting furnace and its ancillary systems;

 

•           the glass making process; and

 

•           the characteristics of molten glass, to be able to ensure the safe and effective operation of these processes.

 

The employee is required to have developed the range of skills needed to:

 

•           Visually identify the raw materials used.

 

•           Manipulate the operational controls of the mixing and conditioning equipment so as to ensure that batch of the required composition passes to the melting furnace.

 

•           Manipulate the operational controls of the filling on equipment so as to maintain the required level and distribution in the melting furnace.

 

•           Recognise by inspection and from instrumentation the combustion, temperature and pressure conditions in the melting and refining areas of the furnace and its heat exchange system and operate the appropriate controls for these and associated boosting and aeration systems so as to produce molten glass of an acceptable quality at the required rate of throughput.

 

•           Verify the indicated conditions, such as temperatures, pressures and gas compositions, using appropriate aids.

 

•           Identify and rectify where possible malfunctions in the process equipment.

 

•           Identify and report the maintenance needs of the equipment.

 

•           Prepare written operational records as required.

 

•           Carry out work consistent with the foregoing which contributes to the efficiency of the operation.

 

A Category 3 employee is required to attend either:

 

(a)        a batch mixing plant (which may service more than one furnace) or a single melting furnace and its ancillaries; or

 

(b)        more than one melting furnace or one melting furnace and one batch mixing plant.

 

Category 4 - Glass Maker - This category covers all the skills, understanding and work activities described in Category 3.

 

The Category 4 employee is required to accept responsibility for and operate safely and effectively a complex of one or more furnaces and their common batch mixing facility where the monitoring and control instrumentation for each unit in the complex is located in a single centralised control station.

 

Category 5 - Machine Attendant - This category covers work associated with the operation of specialised machinery used in the ware making and processing activities.

 

The employee is required to have a sufficiently detailed knowledge and understanding of

 

•           the operations performed by the specified machinery;

 

•           the materials processed by the machinery;

 

•           the operational needs of the machinery and its ancillaries, to be able to work safely in conjunction with the machinery and to ensure its effective operation.

 

The employee is required to have developed the skills needed to:

 

•           Manipulate the operating controls of the machinery and its ancillaries.

 

•           Maintain the necessary state of cleanliness of the operating machinery and its surroundings.

 

•           Recognise and attend to the lubrication needs of the machinery and its ancillaries.

 

•           Recognise and quantify evidence indicating off-standard performance of the machinery.

 

•           Assist in carrying out operational adjustments needed to correct the performance, using the tools provided as needed.

 

•           Recognise and accurately report the maintenance needs of the machinery.

 

•           Assist in removing and replacing process-related parts of the machinery.

 

•           Clean such parts when they are immobilised.

 

•           Carry out work of an equivalent nature requiring similar understanding and skills.

 

Category 6 - Ware Maker - This category covers work associated with the operational control of specialised machinery used in the ware making and processing activities.

 

The employee is required to have the knowledge, understanding and skill described in Category 5.

 

In addition, the employee is required to exhibit the understanding and skills needed to:

 

•           Reset the machinery to process different items of ware.

 

•           Determine and carry out the adjustments needed to correct off standard performance of the machinery.

 

•           Carry out running repairs on the machinery.

 

•           Interpret and act upon process information transmitted electronically or by other means.

 

•           Operate machinery from remote control centres.

 

•           Maintain accurate reports relevant to the machinery and processes controlled.

 

•           Perform work of a nature consistent with this range of skills which contributes to the efficiency of these production processes.

 

Category 7 - Ware Handler - This category covers work activities which are primarily concerned with the annealing, sorting and packaging of formed ware in process.

 

In addition to the basic skills defined in Category 1, the employee is required to have the ability to:

 

•           Understand and take responsibility for the safe and effective operation of the annealing and associated equipment which surface conditions, stress relieves and progressively cools the formed ware to the stage at which it can be handled.

 

•           Identify the presence and magnitude of visible faults in formed ware and to separate, on this basis, faulty from standard ware.

 

•           Assemble sorted ware into standardised packaged forms, such as cartons.

 

•           Work safely and effectively in conjunction with automatic inspection and sorting machinery.

 

•           Work safely and effectively in conjunction with gravity or power operated ware conveying systems or handle ware items using, as necessary, non-mechanised aids or pedestrian operated self powered equipment.

 

•           Understand and take responsibility for the safe and effective operation of powered packaging aids such as ware palletisers, depalletisers and shrinkwrap and stretchwrap equipment.

 

•           Carry out work of a nature consistent with the above which requires equivalent understanding and skills.

 

Category 8 - Mobile Handler - This category covers work which involves the use of non-passenger, self-propelled, drive-operated mobile equipment which is designed primarily for moving, stacking or unstacking materials or goods and which requires the licensing and/or testing of the operator under statutory or Company regulations.

 

The equipment covered by this category includes:

 

•           Fork lift and similar trucks including those equipped with high lift masts and special purpose accessories such as side shift forks, rotatable clamps and the like.

 

•           Front end loaders.

 

•           Order pickers.

 

•           Prime movers such as are used for towing trolly trams

 

•           Other equipment designed for similar tasks and requiring similar skills and driver certification.

 

The employee is required to be proficient initially in the operation of at least one form of such mobile equipment and to be willing, within a reasonable time span, to achieve proficiency in others. The employee is also required to accept responsibility for carrying out the normal operational checks of such equipment such as battery water checks, tyre pressure checks and the like and for identifying and reporting the maintenance needs of the equipment.

 

Category 8 (a) - Work shall include such of those activities described above as required.

 

Category 8 (b) - Personnel, in addition to the above, will operate fork lift trucks and front-end loaders with a rated tare of more than 10 tonnes but less than 20 tonnes.

Category 9 - Goods Handler - This category covers work activities which are related to the warehousing of the goods.

 

The employee is required to accept responsibility for the safe and efficient handling and security of the items warehoused and to exhibit a range of skills which includes the ability to:

 

•           Recognise by sight or by description and to certify the quantities and condition of the materials, packages and loads handled.

 

•           Handle such items using, as necessary, non-mechanised aids or pedestrian operated self-powered equipment or mobile handling equipment such as is described in Category 8.

 

•           Arrange and carry out the placement and stacking of goods so as to make best use of warehousing space and to simplify their later retrieval.

 

•           Assemble loads of goods as specified using, as necessary, handling aids including specialised equipment such as powered order-pickers.

 

•           Work effectively in conjunction with mechanised and automated retrieval and order assembly systems.

 

•           Identify the items, packages and loads assembled by methods such as labelling, marking or branding.

 

•           Arrange and carry out the loading or unloading from road and rail vehicles of the goods handled.

 

•           Perform such clerical activities as are necessary to provide accurate records of goods movements.

 

•           Carry out and report stock checks which certify the accuracy of these records.

 

•           Maintain a high level of housekeeping in the warehouse area.

 

•           Perform other work consistent with the foregoing activities which contributes to the effective operation of the warehousing function.

 

Category 10 - Store Attendant - This category covers work related to the safe and efficient storing of items required in the manufacturing and ancillary operations, such as process materials, spare parts, equipment, tools, protective clothing, fuels, stationery and consumables.

 

The employee is required to demonstrate the level of understanding of store procedures and planning, organising and clerical skills needed to be able to:

 

•           Accept responsibility for the safe handling and security of the items received into the store.

 

•           Check and certify that each item received is in accordance with the order description.

 

•           Arrange the storage of these items so as to make best use of the space available and to simplify their later retrieval.

 

•           Issue and ensure the accuracy of all authorised issues from the store.

 

•           Perform the clerical tasks necessary to provide accurate records of all such transactions.

 

•           Carry out and report stock checks which verify the accuracy of these records.

 

•           Initiate replenishment requests for stock items as indicated by these records.

 

•           Maintain a high level of housekeeping in the store area.

 

•           Perform other work of a nature consistent with the foregoing activities which contributes to the effective operation of the store.

 

Category 11 - Verifier - This category covers work activities which are primarily concerned with the identification, quantification, recording and reporting of raw materials, ware in process and finished goods and with the verification, recording and reporting of the physical properties of ware.

 

The employee is required to have a range of developed skills which include the ability to:

 

•           Identify by sight or by description ware in process and in packaged form.

 

•           Label or otherwise mark the item with the appropriate descriptive information.

 

•           Determine accurately the numerical quantities of such ware and packages.

 

•           Prepare accurate and legible written statements of this information.

 

•           Carry out arithmetic calculations based on this information.

 

•           Determine from specifications or detail drawings the standard physical properties of the ware.

 

•           Verify, using the necessary aids, the actual physical properties of the ware, such as linear dimensions, volume, mass and strength.

 

•           Record accurately and legibly the results of such verifications.

 

•           Carry out arithmetic calculations based on this information.

 

•           Undertake similar work requiring the use of skills equivalent to those described.

 

Category 12 - Artisan - This category covers work which requires a limited and specified range of trade or craft type skills related to the efficient operation of the glassmaking and ancillary processes.

 

The employee is required to exhibit developed skills in using the tools, equipment and other aids necessary to carry out such work safely and effectively.

 

The activities covered shall include one only of the following:

 

•           The making, refurbishing and fitting of screens for applied colour pigment machines; or the reconditioning and refurbishing of mould gear using fixed or portable powered grinders, oxy-acetylene and welding equipment and other necessary aids; or work equivalent to the examples described above which calls for a similar level of specified developed skills.

 

3.  Wages

 

(i)         Adult Employees - The minimum rates of pay of each group shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        Juniors -

 

(a)        The minimum weekly rates of pay for junior employees shall be ascertained by calculating the undermentioned percentages of the ordinary weekly rate as set out in the said Table 1 of Part B.

 

	Percentage per week
Under 16 years of age …………………………….	75
At 17 years of age ………………………………...	85

 

(iii)       Leading Hands -

 

(a)        Leading Hand means an employee other than a Ware Maker who, whilst working, has charge or control of any person or persons, and who has been appointed by the employer to take charge or control and shall be paid an allowance at the rate set in Item 1 of Table 2 - Other Rates and Allowances, of Part B.

 

(b)        Section Leader means an employee other than a Foreperson who, while working, co-ordinates the activities of one or more Leading Hands and who has been appointed by the employer to assume such a function shall be paid an allowance in addition to the Leading Hand Allowance at the rate set in Item 1 of the said Table 2.

 

(c)        Charge Hand means an employee who temporarily acts as a foreperson and shall be paid an allowance at the rate set in Item 1 of Table 2.

 

(iv)       Casual Employees - Casual employees for working ordinary time shall be paid an allowance in addition to the ordinary rates of pay for the appropriate classifications at the rate set in Item 2 of Table 2.

 

(v)        Service Increments - In addition to the rates provided in subclause (i) of this clause an employee shall receive as part of his/her ordinary rate:

 

(a)        after six months' continuous service - at the rate set in Item 3 of Table 2;

 

(b)        after twelve months' continuous service - a further amount at the rate set in Item 3 of Table 2;

 

(c)        after eighteen months' continuous service - a further amount at the rate set in Item 3 of Table 2.

 

Additional Allowances -

 

(vi)       Metrology - An employee who is engaged in performing the duties of a Metrologist shall be paid an allowance as set out in Item 4 of Table 2 in addition to their ordinary classified rate of pay prescribed for a Verifier.

 

(vii)      Settler Down - An employee who is engaged in performing the duties of Settler Down shall be paid an allowance as set out in Item 5 of Table 2 in addition to the ordinary classified rate of pay prescribed for a Ware Maker.

 

4. Arbitrated Safety Net Adjustment

 

(ii)        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.

 

5. Special Rates and Allowances

 

In addition to the wage rates prescribed in Table 1 - Wages, of Part B, Monetary Rates, the following special rates and allowances shall be paid to all employees:

 

(A)       Soda Ash - Employees manually engaged in carrying and stacking bagged soda ash shall be paid an amount as set in Item 6 of Table 2 - Other Rates and Allowances, of the said Part B, for the time so engaged.

 

(B)       Boiler Firing - Employees who attend furnaces and who are required, in addition to their normal work, to attend boilers shall be paid an amount per hour extra as set out in Item 7 of Table 2 for the time so engaged.

 

(C)       Raw Materials - Employees, manually engaged in carrying and stacking bagged raw materials (other than soda ash) and crushing cullet, attending a pug mill or in feeding a bag cleaning machine shall be paid an amount as set in Item 8 of Table 2 for the time so engaged.

 

(D)       Skimming and Floater Setting - Flat glass tank - Employees engaged in skimming the drawing pit when a machine is not actually in operation or in the actual operation of floater setting on the tank shall be paid an amount as set out in Item 9 of Table 2 for the time so engaged.

 

(E)        Furnace Repair - Any employee directly engaged on any work associated with the demolition, repair or building of furnaces and their appurtenances shall be paid at the rate prescribed for the employees appearing in this award.

 

When such employees are engaged on the work of building, rebuilding or packing furnace regenerators they shall be paid an amount as set out in Item 10 of Table 2 in addition to the aforesaid rate of pay; provided that the employees engaged on the work mentioned in this subclause shall not be paid less than the rate prescribed by the award, determination or industrial agreement, Commonwealth or State, for the general labouring classification of the majority of employees engaged on similar work under the terms of that award, determination or industrial agreement applicable at that site.

 

(F)        In the event of a furnace going out for repairs and employees who normally attend that furnace being employed on the repair of such furnace, or on other work than building, re-building or packing of furnace regenerators, they shall be paid their ordinary rates of pay for the first three weeks they are employed on such work.

 

(G)       Employees directly engaged in or in connection with the unpacking or repacking of furnace regenerators while a furnace is under fire shall, while so engaged, be paid at the rate of double the hourly rate prescribed for the employees for the respective division appearing in this award.

 

For the purpose of this subclause, "directly engaged or in connection with" means employees who work or take turns of work during their shift inside the regenerator chambers.

 

An employee required to perform the said work on a Saturday, a Sunday, or on any of the holidays prescribed by clause 9, Holidays and Sundays, shall be paid such rate in addition to the ordinary hourly rate of pay. For the purpose of this subclause the ordinary hourly rate of pay is to be ascertained by dividing by 38 the employee's ordinary weekly time rate of pay.

 

(H)       Float Glass Furnace Repair - Employees directly engaged in the removal of molten tin from the float glass bath whilst the float glass furnace is undergoing repair shall whilst so engaged be paid at the rate of double time.

 

(I)         Jack Bolt Tensioner - An employee who is engaged in adjusting the tension of jack bolts while a furnace is under heat shall be paid an additional amount extra per shift or part thereof as set out in Item 11 of Table 2.

 

(J)        Loading and Unloading Away From Employer's Premises - An employee who is engaged in loading and/or unloading operations at wharves or railway yards elsewhere than on the employer's premises shall be paid an additional amount per shift or part thereof as set out in Item 12 of Table 2.

 

(K)       Rates Not Subject to Penalty Addition - The special rates and allowances herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

 

6.  Hours of Work

 

(a)        The ordinary hours of work shall be an average of 38 per week but not exceeding 152 hours in 28 days. Ordinary hours each day shall be no less than six hours and no more than twelve hours, provided that where more than eight hours are to be worked in any one day it shall be by mutual agreement between the company and a majority of affected employees.

 

(b)        Subject to subclause (c) of this clause, the ordinary hours of work prescribed herein may be worked on any or all of the days of the week.

 

(c)       

 

(i)         The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m.  Provided that the spread of hours worked within the prescribed ordinary hours may be altered by mutual agreement between the employer and a majority of affected employees.

 

(ii)        The ordinary hours of work shall be arranged so that in any seven-day period an employee shall be entitled to two consecutive days off duty exclusive of public holidays.  Provided that such two consecutive days off duty in the case of employees employed at the date of this award shall, unless the employer and employee concerned agree otherwise, be Saturday and Sunday.

 

(iii)       All ordinary time worked by day workers on a Saturday shall be paid for at the rate of time and a half.

 

(iv)       All ordinary time worked by day workers on a Sunday shall be paid for at the rate of double time.

 

(v)        An employee shall be given not less than one week's notice of a change in ordinary hours to be worked unless the employer and employee concerned agree to a lesser period.

 

(vi)       "Day" in the case of day work employees means the 24-hour period from midnight to midnight.

 

(d)        Where by reason of State legislation, summer time is prescribed as being in advance of the standard time in that State payment for the relevant shifts will be by the clock.  The time of the clock in each case is to be set to the time fixed by the relevant State legislation. In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.

 

7.  Substitute Days

 

Due to operational requirements as determined by the employer, rostered day(s) off may be altered in the normal cycle with respect to which day off had been rostered. Such substituted rostered day off shall be rostered on a day agreed between the employer and the employee concerned.

 

8.  Shift Work

 

For the purposes of this clause -

 

(a)       

 

(i)         "Morning Shift" means any shift finishing not earlier than 2.00 p.m. and not later than 6.00 p.m.

 

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

 

(iii)       "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

(iv)       "Continuous Work" means work carried on with consecutive shifts of personnel throughout the 24 hours of each of 7 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

(v)        "Continuous Shift Worker" means a shift worker employed upon continuous work and who is rostered to work on any of the seven days of the week, irrespective of whether those days are Sundays or public holidays.

(vi)       "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.

 

(vii)      "Saturday" means all work worked between 7.00 a.m. Saturday and 7.00 a.m. Sunday.

 

(viii)     "Seven-day Shift Worker" means a shift worker who is rostered to work shift work on any day of the week except public holidays.

 

(ix)       "Sunday" means all time worked between 7.00 a.m. Sunday and 7.00 a.m. Monday.

 

(b)        Hours - Continuous work shifts -

 

(i)         Continuous work, as herein defined, shall be worked as and when required by an employer.  The ordinary hours of work for employees required to perform such work shall not exceed 38 hours per week on average over the shift cycle.

 

(ii)        Subject to the following conditions, shift workers on continuous work shall work at such times as the employer may require:

 

(1)        Ordinary hours of work shall not be less than six hours nor exceed twelve hours on any day.  Provided further that in any arrangement of working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees affected.

 

(2)        Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

(3)        20 minutes shall be allowed to shift workers for crib which shall be counted as time worked.

 

(c)        Hours - Other than continuous work -

 

(i)         The ordinary hours of work of shift workers not upon continuous work as herein defined shall be worked as and when required by an employer and shall not exceed 38 hours per week on average over the shift cycle.  This subclause is facilitative in nature and does not preclude the requirement for consultation and agreement at the enterprise level.

 

(ii)        Provided that the ordinary hours of work prescribed herein shall not be less than six nor exceed twelve hours on any day. Provided further that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and a majority of affected employees.

 

(iii)       Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.

 

(iv)       Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

(d)        Afternoon or Night Shift Allowances -

 

(i)         Shift workers on continuous work or other than continuous work while on afternoon or night shift shall be paid 15 per cent more than the ordinary rates for such shifts.

 

(ii)        An employee who, during a period of engagement on shift, works night shift only or remains on night shift for a longer period than four consecutive weeks or works on a night shift which does not rotate or alternate with another shift or with day work so as to give such employee at least one third working time off night shift in each shift cycle shall, during such engagement, period or cycle, be paid at the rate of 30 per cent more than the ordinary rate for all time worked during ordinary hours on such night shifts.

 

(iii)       An employee who, during a period of engagement on shift, works afternoon shift only or remains on afternoon shift for a longer period than four consecutive weeks or works on an afternoon shift which does not rotate or alternate with another shift or works day work so as to give such employee at least one third working time off afternoon shift in each shift cycle shall, during such engagement, period or cycle, be paid at the rate of 20 per cent more than ordinary hours on such afternoon shift.

 

(e)        Saturdays, Sundays and Holidays -

 

(i)         All ordinary time worked by shift workers on a Saturday shall be paid for at the rate of time and a half. This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.

 

(ii)        All ordinary time worked by shift workers on a Sunday shall be paid for at the rate of double time.  This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.

 

(iii)       In addition to the ordinary rate, a continuous shift worker required to work on a public holiday shall be paid double time extra for the hours worked and for all time worked in excess of ordinary hours shall be paid at the rate of treble time.  This rate is in substitution for and not cumulative upon the allowance prescribed in subclause (d) hereof.

 

9.  Holidays and Sundays

 

(i)         All employees shall be allowed the following holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, August Bank Holiday, Labour Day, Christmas Day and Boxing Day, or any day observed in lieu of any of the aforesaid holidays, and all holidays proclaimed as such throughout the State. Provided that, by agreement between the company and the union, other days may be substituted for the said days or any of them.

 

(ii)        In the case of shift work, a holiday or holidays (as the case may be) shall not begin until the end of the last shift commenced on the day immediately preceding the holiday or holidays and shall not end until the beginning of the first shift commenced on the day immediately succeeding the holiday or holidays.

 

(iii)       Holidays - Absence on Working Day Before or After - No employee shall be entitled to be paid for any holiday or group of holidays not worked without reasonable cause during usual working hours on the day or shift immediately preceding or on the day or shift immediately following such holiday or group of holidays.

 

(iv)       Termination of Employment - Where an employee has been employed for a period of not less than three months and employment is terminated by the employer within seven days immediately preceding any holiday for any cause not being the employee's own fault or misconduct, such employee shall be entitled to payment in respect of such holiday.

 

(v)        Payment for Work on Public Holidays - Except where otherwise specified in this award, employees shall be paid at the rate of double time for work done on Sundays and for work done on public holidays employees shall be paid, in addition to their ordinary public holiday pay, double time extra for the first eight hours worked and for all time worked in excess of eight hours at the rate of treble time.

 

(vi)       Payment for Work on 25 December - An employee required to work on 25 December shall be paid at the rate of treble time for all time worked. This rate is in substitution for and not cumulative upon any other penalty or provision contained in this award.

 

(vii)      Minimum Payment - Sundays and Holidays - Employees, other than shift workers, required to work on Sundays or public holidays shall be paid for a minimum of four hours' work.

 

(viii)     Rostered Day Off Falling on a Public Holiday - An employee whose rostered day off whilst employed as a shift worker (other than as a Monday to Friday shift worker within the meaning of subclause (b) of clause 8, Shift Work) falls on a holiday prescribed by this clause shall be paid an additional day's pay at the appropriate ordinary time rate of pay. For the purpose of this subclause, "rostered day off" means a day on which such employee is shown by the then current roster to be rostered off duty on the holiday.

 

(ix)       Seven-day Shift Workers - This subclause applies to seven-day shift workers who are normally allowed the public holidays specified in subclause (i) hereof.  Where it is impracticable for reasons of excessive cost to close down machinery or processes operated by such shift workers, the employer shall, at least one week prior to the holiday, call for volunteers among the employees who are competent to perform the work in question. If insufficient volunteers apply to perform the work the employer may require any employee to work on the holiday in question.  In the case of unforeseen circumstances arising, the obligation of the employer to give an employee seven days notice of the requirement to work on the holiday shall be waived.

 

10.  Annual Holidays

 

See Annual Holidays Act 1944.

 

11.  Annual Leave

 

(a)        Period of Leave - A period of 28 consecutive days' leave, including non-working days, shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which the award applies.

 

(b)        Continuous and Seven-day Shift Workers - In addition to the leave prescribed by subclause (a) of this clause "continuous shift workers" and "seven-day shift workers" as defined in subclause (a) of clause 8, Shift Work, shall be allowed seven consecutive days' leave including non-working days. Where an employee with 12 months' continuous service is engaged for part of the 12-month period as a continuous shift worker or seven-day shift worker, such employee shall be entitled to have the period of annual leave prescribed by the said subclause (a) hereof increased by half a day for each month continuously engaged as aforesaid.

 

(c)        Annual Leave Exclusive of Public Holidays - Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 9, Holidays and Sundays, 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 that period one day for each such holiday falling as aforesaid. Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon such employee, to attend for work on the working day immediately preceding the first day and 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 such holiday.

 

(d)        Broken Leave - Subject to subclause (e) hereof, the annual leave shall be given and taken in a continuous period or, if the employer and the employee so agree, in two or three separate periods and not otherwise.

 

(e)        Cumulative Leave - If the employer and the employee so agree, one week of the employee's annual leave in any year may be deferred for a maximum period of five years and be taken with any other period of annual leave at a time to be mutually agreed upon by the employer and the employee.  In the absence of such mutual agreement all deferred leave which has accumulated over each period of five years shall be taken with the annual leave allowed in respect of the final year of that period.

 

(f)         Calculation of Service - Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed or made under conditions existing prior to this award. Where the employer is a successor or 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 they were employed by the predecessor shall, for the purpose of this clause, be deemed to be in the employment of the employer.

 

(g)        Calculation of Continuous Service - For the purpose of this clause, service shall be deemed to be continuous, notwithstanding:

 

(i)         an 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 annual leave;

 

(ii)        any absence from work on account of personal sickness or accident, proof whereof shall be upon the employee;

 

(iii)       any absence on account of leave granted, imposed or agreed to by the employer; or

 

(iv)       any absence with reasonable cause, proof whereof shall be upon the employee.  In the cases of personal sickness or accident or absence with reasonable cause, the employee, to become entitled to the benefit of this subclause, 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 absence.  A notification given by an employee pursuant to clause 13, Sick Leave, shall be accepted as a notification under this subclause. Any absence from work by reason of any cause, not being a cause specified in this subclause, shall not be deemed to break the continuity of service for the purpose of this clause unless the employer during the absence or within fourteen days of the termination of such absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

 

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 the employees by posting up 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 a copy thereof no later than the same is posted up in the plant.

 

A notice to an individual employee may be given by delivering it personally or by posting to the last recorded address, in which case it shall be deemed to have reached the employee in due course by post. In calculating the period of 12 months continuous service such absence as aforesaid shall not, except:

 

(a)        to the extent of not more than 28 days in a 12-month period in the case of sickness or accident; or

 

(b)        absence on long service leave, be taken into account in calculating the period of 12 months continuous service.

 

(h)        Calculation of Week - For the purpose of this clause a week 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 week in question has the same day name as that which the commencing day had it its week and shall be reckoned as ending at the end of such subsequent week.

 

(i)         Leave to be Taken - The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by subclauses (m) and (n) hereof, payment shall not be made or accepted in lieu of annual leave.

 

(j)         Time of Taking Leave - Subject to subclause (e) hereof, 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 accrued and after not less than two months' notice to the employer.

 

(k)        Leave Allowed Before Due Date - An employer may allow annual leave to an employee before the right thereto has accrued due, but where leave is taken in such case a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which annual leave had been taken before it accrued.

 

Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the continuous service of the employer before completing the 52 weeks' continuous service in respect of which the leave was granted, the employer may, for each one complete week of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment 1/52 of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any holidays prescribed by clause 9, Holidays and Sundays.

 

(l)         Payment for Period of Leave -

 

(A)       Subject to paragraph (B) hereof, an employee before going on leave shall be paid wages for the full period of leave at the rate applicable prescribed by clause 3, Wages, and clause 5, Special Rates and Allowances, together with:

 

(i)         an amount equal to:

 

(1)        a loading of 17.5 per cent of the total of such wages for the full period of leave; or

 

(2)        the full amount of shift allowances, including Saturday and Sunday penalties payable to the employee for work in ordinary time and any rostered overtime shift according to the employee's roster or projected roster during such period, whichever amount is the greater; and

 

(ii)        any extra amount pursuant to clause 19, Mixed Functions, calculated on a daily basis which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise; and

 

(iii)       any other amount to which the employee would have been entitled in accordance with the contract of employment for work performed in ordinary working hours during the relevant period had the employee not been on leave, but excluding any payment of a similar nature to the special rates prescribed by clause 5, Special Rates and Allowances, and any reimbursement for expenses incurred.

 

(B)       An employee employed on bonus work or any other system of payment by results shall be paid for the said period of leave whichever is the greater of:

 

(i)         an amount calculated at the rate of the weekly average of payments made under such scheme for the period actually worked by the employee during the last 3-month period in respect of which such payments have been calculated prior to the time of going on leave; or

 

(ii)        an amount calculated at the rate applicable to the employee's classification prescribed by clauses 3, Wages, and 5, Special Rates and Allowances, plus a loading of 17.5 per cent of such an amount.

 

(m)       Proportionate Leave on Termination of Employment - If after one week's continuous service in any qualifying period an employee lawfully leaves employment or employment is terminated by the employer through no fault of the employee, such employee shall be paid as follows:

 

(i)         If other than a seven-day shift worker, 2.923 hours for each completed week of continuous service, the service being service in respect of which leave has not previously been granted hereunder.

 

(ii)        A seven-day or continuous shift worker shall be paid for 3.654 hours for each completed week of continuous service, the service being service in respect of which leave has not previously been granted hereunder For the purpose of this subclause, payment shall be calculated in accordance with subclause (l) hereof.

 

(n)        Annual Close Down - The employer may, by giving one month's notice of the intention to do so, close down the plant or section or sections thereof for one or, where there is consent between the employer and the majority of the employees concerned, two separate periods.

 

(i)         Subject to the foregoing the employer may, by giving not less than one month's notice of the intention so to do, stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks' leave, paid leave on a proportionate basis at an hourly rate calculated in accordance with subclause (l) hereof for 2.923 hours for each completed week of continuous service performed since the close of the employee's last 12- month qualifying period.

 

(ii)        An employee who has qualified for leave pursuant to subclause (a) of this clause and has also completed a further week or more of continuous service shall be allowed leave, and shall, subject to subclause (g) hereof, be paid at an hourly rate calculated in accordance with subclause (l) hereof for 2.923 hours for each completed week of continuous service performed since the close of the employee's last 12-month qualifying period.

 

(iii)       The next 12-month qualifying period for each employee affected by such close-down shall commence to accrue from the day on which the plant or a section or sections concerned is reopened for work. Provided that all time during which an employee is stood off without pay for the purpose of this subclause shall be deemed to be time of service in the next 12-month qualifying period.

 

(iv)       If in the first year of employment with an employer an employee is allowed proportionate annual leave under paragraph (i) of this subclause, and subsequently in such year leaves the employer or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of subclause (m) hereof, subject to adjustment of any proportionate leave which the individual may have been allowed as aforesaid.

 

(v)        If a plant or section(s) is closed down by an employer in two separate periods, one of those periods shall be for a period of at least 21 consecutive days including non- working days.

 

12.  Long Service Leave

 

See Long Service Leave Act 1955.

 

13.  Sick Leave

 

(i)         Any weekly employee not attending for duty shall lose pay for the actual time lost.  Provided that an employee who has been employed by the employer for not less than one calendar month and who is absent from work because of their own ill- health due to any cause other than the employee’s own misconduct, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a)        The employee shall, within 24 hours of the commencement of such absence, notify the employer of their inability to attend for duty and, as far as practicable, state the nature of the illness and the estimated duration of the absence.

 

(b)        The employee shall prove to the satisfaction of the employer that they were unable on account of such illness to attend for duty on the day or days for which sick leave is claimed.

 

(ii)        Subject to the provisions of subclauses (i) and (v) hereof, an employee shall not be entitled in each year of employment by an employer to leave in excess of:

 

(a)        In the first year of service, sick leave is to accrue at the rate of 6.66 hours for each of the first six months with the proviso that in the seventh month if a balance of unclaimed sick leave is available an employee may make application for payment for sick leave taken during the first six months but not paid at the time.

 

(b)        During the second and subsequent years of service the sick leave entitlement shall be increased to 60.8 hours each year.

 

(iii)       An employee, whose employment has been terminated because of a furnace going out of commission and who resumes their employment within seven days of the furnace restarting, shall be deemed to have been constantly employed in the interval between such cessation and restarting.

 

(iv)       A seven-day continuous shift worker who is off duty due to sickness for six consecutive days for all of which the employee is entitled to sick pay, including a Sunday that the employee would have normally lost, shall be paid an amount which represents the penalty rate which they would have received had they worked on the Sunday.

 

(v)        Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (b) of subclause (ii) hereof which has in any year not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and, subject to the conditions herein prescribed, shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

(vi)       "Year" for the purpose of this clause shall commence, as to an employee who commences employment with an employer after the commencement of this award, as from the date such employee commences employment.

 

14.  Bereavement Leave

 

(a)        An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (c) of this clause.

 

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

 

(c)        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 15.1.3 of subclause 15.1 of clause 15, Personal Carer s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(e)        Bereavement leave may be taken in conjunction with other leave available under subclauses 15.2, 15.3, 15.4, and 15.5 of the said clause 15. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.  Personal/Carer's Leave

 

15.1      Use of Sick Leave -

 

15.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph 15.1.3 of subclause 15.1 of this clause who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 13, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

15.1.2   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.

 

15.1.3   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.

 

15.1.4   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.

 

15.2      Unpaid Leave for Family Purposes -

 

15.2.1   An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph 15.1.3 of subclause 15.1 of this clause who is ill.

 

15.3      Annual Leave -

 

15.3.1   An employee may elect, with the consent of the employer and 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. 

 

15.3.2   Access to annual leave, as prescribed in paragraph 15.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

15.3.3   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.

 

15.4      Time Off in Lieu of Payment for Overtime -

 

15.4.1   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.

 

15.4.2   Overtime taken as time off during ordinary-time hours shall be taken at the overtime rate, that is, an ordinary-time hour multiplied by the appropriate overtime rate.

 

15.4.3   If, having elected to take time as leave in accordance with paragraph 15.4.1 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.

 

15.4.4   Where no election is made in accordance with paragraph 15.4.1 the employee shall be paid overtime rates in accordance with the award.

 

15.5      Make-up Time -

 

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

 

15.5.2   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.

 

16.  Meal Breaks

 

(a)        Employees employed upon other than continuous shift work and seven- day shift work shall be allowed a meal break of not less than 30 minutes and not more than 45 minutes each day, to be taken at times fixed by mutual agreement between the employer and an accredited representative of the union.  Nothing in this subclause shall preclude an agreement that meal breaks shall be staggered.

 

(b)        An employee shall not be required to work more than 5.5 hours without a meal break or crib break, provided that no existing practice shall be varied without the agreement of the employer and an accredited representative of the union.

 

(c)        For all work done by an employee during the meal break and thereafter until a meal break is allowed, time and a half shall be paid.

 

17.  Overtime

 

(a)        Time worked in excess of or outside the ordinary hours prescribed by this award or on a day or shift other than a rostered day or shift shall be known as overtime.

 

In each case where time is worked:

 

(i)         by arrangement between the employees themselves and by agreement with the employer;

 

(ii)        for the purpose of effecting the customary rotation of shifts, such time shall not be treated as overtime.

 

(b)        Payment for Overtime Work - For working overtime, employees employed upon continuous shift work and seven-day continuous shiftwork shall be paid double time; day workers and non-continuous shift workers shall be paid at the rate of time and a half for the first hour and double time thereafter.

 

(c)        Requirement to Work Reasonable Overtime - For all overtime work required, the employer, whenever it is reasonably possible to do so, shall make a request to an officer of the union to supply suitable labour for such work and the union shall supply whatever labour is required. In the event of such labour not being supplied in pursuance of such request, or it not being reasonably possible to make such request to an official of the union, all employees shall work such overtime as they are called upon to perform.

 

(i)         An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

 

(ii)        The union shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

 

(d)        Saturday and Sunday Work - For working overtime on a Saturday or Sunday the rate of pay shall be double time.  A day worker required to work overtime on a Saturday or Sunday shall be paid for a minimum of four hours work.

 

(e)        Public Holidays - For working overtime on a public holiday prescribed by this award an employee other than a continuous shift worker shall be paid treble time.  A day worker required to work overtime on a public holiday shall be paid for a minimum of four hours work.  This rate is in substitution for and not cumulative upon any other provision prescribed by this award.

 

(f)         Call Back - 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 each time he/she is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.

 

The foregoing shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee's ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(g)        Rest Period After Overtime - When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

 

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 there is not at least 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until such employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on the instruction of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid at double time until released from duty for such period. The employee shall then be entitled to be absent from duty for 10 consecutive hours without loss of pay for ordinary working time occurring during such absence.

 

The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked.

 

(h)        Travelling Time -

 

(i)         An employee who is contacted on any day of the week at home and responds to a requirement to report for work which involves an additional trip to and from the workplace shall be paid one hour at the appropriate ordinary-time rate of pay for travelling time, irrespective of the distance travelled.

 

(ii)        This clause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or in the case of planned overtime (weekends, public holidays, etc.), where notice of such overtime is given before the employee leaves the workplace, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(i)         Crib Break - A day worker required to work overtime:

 

(i)         extending beyond 1.5 hours from the cessation of ordinary hours of work shall be entitled to a crib which shall be paid at ordinary rates.  Where the overtime work will not extend beyond two hours, the employer may require the employee to defer taking the crib until the completion of overtime work; or

 

(ii)        extending beyond four hours from the cessation of ordinary hours of work shall, before starting overtime after working ordinary hours, be allowed a crib break of 20 minutes which shall be paid at ordinary rates; or

 

(iii)       continuing beyond a further four hours shall be entitled to a further crib which shall be paid at the prevailing overtime rate at the end of each additional four hours worked, provided that the work continues beyond the said four-hour periods.

 

(iv)       Notwithstanding the provisions above, where the overtime work will not extend more than two hours beyond the last four-hour period, the employer may require the employee to defer taking the last crib until the completion of the overtime work. 

 

(v)        A day worker working overtime not continuous with ordinary time shall be allowed a crib time of 20 minutes, without deduction of pay, after each four hours of work if the employee continues to work after each crib time.

 

(vi)       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 20 minutes.

 

Provided that where such employee is required to work overtime not continuous with ordinary time, the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.

 

(j)         An employee required to work overtime for two hours or more shall be paid a meal allowance in accordance with Item 13 of Table 2 - Other Rates and Allowances, of Part B, for the first and each subsequent meal.

 

If an employee pursuant to notice has provided a meal or meals and is required to work less than the amount advised, such employee shall be paid the amount prescribed above for meals which the employee has provided but which are surplus.

 

18.  Redundancy

 

(1)        Application -

 

(i)         This award shall apply in respect of all full-time and part-time persons employed in the classifications specified by clause 3, Wages.

 

(ii)        This award shall apply in respect of employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause (4), Termination of Employment, of this clause.

 

(iii)       Nothwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(2)        Introduction of Change -

 

(i)         Employer's duty to notify - 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.

 

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

 

(ii)        Employer's duty to discuss change -

 

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

 

(b)       The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).

 

(c)        For the purpose of such discussions, 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.

 

(3)        Redundancy - Discussions before terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (2), Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(4)        Termination of Employment -

 

(i)         Notice for changes in production, programme, organisation or structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with paragraph (i) of subclause (2), Introduction of Change:

 

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

 

Period of Continuous Service	Period of Notice
Less than 1 year ……………………………..		1 week
1 year and less than 3 years …………………		2 weeks
3 years and less than 5 years ………………...		3 weeks
5 years and over ……………………………..		4 weeks

 

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

 

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

 

(ii)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with paragraph (i) of the said subclause (2).

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

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

 

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

 

(iii)       Time Off During the Notice Period -

 

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

 

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

 

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

 

(v)        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.

 

(vi)       Notice to Centrelink - Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

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

 

(viii)     Transfer to Lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in paragraph (i) of subclause (2), Introduction of Change, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks of notice still owing.

 

(5)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to subclause 4, Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

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

 

Years of Service	Under 45 years of Age Entitlement
Less than 1 year………………………………….		Nil
1 year and less than 2 years……………………...		4 weeks
2 years and less than 3 years…………………….		7 weeks
3 years and less than 4 years…………………….		10 weeks
4 years and less than 5 years…………………….		12 weeks
5 years and less than 6 years…………………….		14 weeks
6 years and over…………………………………		20 weeks

 

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

 

Years of Service	45 years of Age and Over Entitlement
Less than 1 year………………………………….		.Nil
1 year and less than 2 years……………………...		5 weeks
2 years and less than 3 years……………………..		8.75 weeks
3 years and less than 4 years……………………..		12.5 weeks
4 years and less than 5 years……………………..		15 weeks
5 years and less than 6 years……………………..		17.5 weeks
6 years and over………………………………….		20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with the award, as varied.

 

(ii)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (i) of this clause.

 

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

 

(iii)       Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause if the employer obtains acceptable alternative employment.

 

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

 

19.  Mixed Functions

 

(a)        An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

 

(b)        Where employment involves functions of a mixed character, and an employee is employed for more than eight hours in working time in any one week on work for which a higher rate of pay is prescribed by this award than the rate of pay prescribed for the work usually done by the employee, the minimum rate to be paid to such employee shall be calculated for the week as if such only of the functions as are represented by the higher rate are performed. Provided that if any employee is employed for eight hours or less on work for which a higher rate of pay is prescribed than for the work usually done by the employee, such employee shall be paid the higher rate for the time spent on such work only.

 

(c)        Employees engaged in sorting ware may be employed on other work during the working hours of their shift, but shall not be paid less than they would be entitled to if engaged in sorting throughout the shift. No restriction shall be imposed on the type of container into which an employee may be required to place ware direct from the lehr.

 

(d)        The time occupied by relief employees in relieving other employees for crib and other purposes is not to be taken into account for the purposes of this clause.

 

(e)        If, by the direction of the employer, an employee is employed upon work for which a higher rate of pay is prescribed by this award than the rate prescribed for the work usually done by the employee as part of an agreed training program, such time is not to be taken into account for the purposes of this clause.

 

20.  Payment of Wages

 

(i)         Wages shall be paid fortnightly and not more than 3 days wages shall be kept in hand. Provided that no existing practice at a site shall be altered, except by mutual agreement between the union and the employer, and provided that, by mutual agreement between the employer and the employee, normal weekly wage and penalty payments (where applicable) may be averaged and the employer shall pay the employee such average amount as that employee's normal weekly wage.

 

(ii)        Where the employer and the employee agree, the employee may be paid wages by direct transfer into the employee's bank or other recognised financial institution account.

 

(iii)       Any employee not paid by electronic funds transfer whose rostered day off occurs on a pay day, shall be paid wages due on that day on the employee's next ordinary working day unless such pay falls on a Friday when the wages will be paid to the employee on the ordinary working day immediately preceding the rostered day off.

 

(iv)       An employee kept waiting for wages payable in cash on pay day for more than 15 minutes after the prescribed time for ceasing work or if paid by electronic funds transfer after the agreed time that such wages shall be available, shall be paid ordinary time after that 15 minutes with a minimum payment for 15 minutes. Provided that this subclause shall not apply where wages cannot be paid on time due to a cause beyond the control of the employer.

 

(v)        An employee who is paid by electronic funds transfer and proceeding on annual leave during the week succeeding the normal pay day shall be paid for the period of leave on the pay day prior to the commencement of such leave.

 

(vi)       Upon termination of employment, wages due to an employee shall be available on the day of such termination or where the employee is paid in cash forwarded by post, or where the employee is paid by electronic funds transfer by such transfer, within the next 48 hours, exclusive of Saturdays, Sundays and public holidays, unless other arrangements are agreed upon by the employer and the employee concerned.

 

(vii)      By agreement between the employer and the majority of affected employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly.

 

21.  Travelling Time and Fares

 

(a)        Employees who on any day or from day to day are required to work at a job away from their accustomed workshop or depot shall, at the discretion of the employer, present themselves for work at such job 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 their homes to such workshop or depot and returning) they shall be paid travelling time and also any fares reasonably incurred in excess of those normally incurred in travelling between their homes and such workshop or depot.

 

(b)        The rate of pay for travelling time shall be ordinary rates, except on Sundays and the holidays prescribed by clause 9, Holidays and Sundays, when it shall be time and a half.

 

22.  Miscellaneous Provisions

 

(a)        As far as it is practicable, all employees shall be protected from wet weather during the course of their duties.

 

(b)        Suitable wet weather clothing shall be supplied, where necessary, to all employees working out in wet weather.

 

(c)        Gloves shall be supplied by the employer to all employees engaged on work requiring same. Employees shall return old gloves when applying for new ones.

 

(d)        Employees engaged in sorting and cutting glass shall each be supplied with a suitable apron which shall be maintained by them in a clean condition and returned to the employer upon termination of employment. The old apron shall be returned before a replacement issue is made.

 

(e)        Suitable boots shall be supplied to employees engaged in keeping clean the bottle making machinery and the surrounding floor.

 

(f)         600 mls of milk shall be supplied to an employee when making lead batch.

 

23.  Settlement of Industrial Disputes

 

Should any dispute arise between an employer and the union on any industrial matter arising out of the operation of this award, the employer and the union shall confer in good faith with a view to the settlement of such dispute by conciliation in accordance with the following procedure:

 

(i)         Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee and the individual supervisor.

 

(ii)        If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the union shop steward or union official, the foreman and the superintendent of the relevant department.

 

(iii)       If not settled, the matter shall be submitted by the shop steward or union official to the industrial officer or other appropriate officer of the employer.

 

(iv)       If not settled, the shop steward or union official shall submit the matter to the branch Secretary or nominee thereof, who shall discuss the matter with the employer.

 

(v)        If agreement has not been reached at the preceding level, the matter shall then be referred to the Federal office of the union and the employer's Head Office and discussed at that level.

 

(vi)       If the matter is not settled it shall be referred to the Industrial Relations Commission of New South Wales which shall endeavour to settle the matter by conciliation.

 

(vii)      While the above procedure is being followed, work shall continue normally where it is agreed that there is an existing custom, but in other cases work shall continue at the instruction of the employer.

 

(viii)     No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

24.  Jury Service

 

An employee on weekly hiring required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time they would have worked had they not been on jury service.

 

An employee shall notify their 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 their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

25.  Motor Vehicle Allowance

 

An employee who, by agreement with their employer, uses their own motor vehicle on the employer's business shall be paid an amount as set out in Item 14 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

26.  First-Aid

 

An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications such as a certificate from St John Ambulance or a similar body shall be paid an amount as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, if an employee is appointed by the employer to perform first-aid duty.

 

27.  Rest Pauses

 

(a)        Each employee shall be permitted during the first or second half of a day or shift to a rest pause of ten minutes for refreshment.

 

(b)        The time at which the rest pause referred to in subclause (a) of this clause shall be taken in the case of each employee shall be at the discretion of the employer.

 

(c)        The rest prescribed by this clause shall be counted as time worked.

 

28.  Exemptions

 

(i)         Pilkington A.C.I. Pty Limited at its Alexandria Plant and Newcastle Glass Works Pty Limited are exempt from the provisions of this award.

 

(ii)        Philips Lighting Industries Holdings Limited, trading as Philips Lighting Industries are exempt from the terms of this award so long as the company observes the terms and conditions of Industrial Agreement No. 3558 and any Industrial Agreement or any Industrial Agreement rescinding and replacing the said Principal and Supplementary Agreements.

 

(iii)       James A. Jobling Pty Limited are exempt from the terms of this award so long as the company observes the terms and conditions of Industrial Agreement No. 4683 and any Industrial Agreement supplementary to and having the effect of varying the said Principal Agreement or any Industrial Agreement rescinding and replacing the said Principal and Supplementary Agreements.

 

29.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in 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.

 

NOTE:

 

(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 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."

 

30.  Area, Incidence and Duration

 

This award rescinds and replaces the Glass Makers (State) Award published 3 April 1998 (304 I.G. 119), and all variations thereof.  It shall apply to all employees engaged in or in connection with the manufacture of glass articles and of glass within the jurisdiction of the Glass Makers (State) Industrial Committee.

 

This award is to take effect from the first full pay period to commence on or after 20 December 2000, and shall remain in force for a period of 12 months.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Former Rate Per week	SWC 2000	Total Rate per week
	$	$	$
Plant Assistant	410.60	15.00	425.60
Process Assistant	416.70	15.00	431.70
Melt Operator
(a)        as defined	422.60	15.00	437.60
(b)       as defined	436.30	15.00	451.30
Glass Maker	448.50	15.00	463.50
Machine Attendant -
(a)        as defined	416.70	15.00	431.70
(b)       as defined	436.30	15.00	451.30
Ware Maker	483.70	15.00	498.70
Ware Handler	422.60	15.00	437.60
Mobile Handler
(a)        as defined	422.60	15.00	437.60
(b)       as defined	435.60	15.00	450.60
Goods Handler	445.30	15.00	460.30
Store Attendant	422.60	15.00	437.60
Verifier	434.10	15.00	449.10
Artisan	434.10	15.00	449.10

 

 

Table 2 - Other Rates and Allowances

 

Item No	Clause No	Brief Description	Total Amount
			$
1	3(iii)(a)	Leading hand	27.37
	3(iii)(b)	Section Leader	12.40
	3(iii)(c)	Charge Hand	23.30
2	3(iv)	Casual Employees	20%
		Additional Rates -
3	3(v)	6 months	10.36 per week
		12 months	11.24 per week
		18 months	11.75 per week
4	3(vi)	Metrology	10.93
5	3(vii)	Settler Down	12.40
6	5(A)	Soda Ash	1.07 per hour
7	5(B)	Boiler Firing	0.60 per hour
8	5(C)	Raw Materials	0.41 per hour
9	5(D)	Skimming and Floater Set	1.55 per ½ hour
10	5(E)	Furnace Repair	8.46 per day
11	5(I)	Jack Bolt Tensioner	4.57 per shift
12	5(J)	Loading /Unloading	4.57 per shift
13	17(J)	Meal Allowance	7.73
14	25	Motor Vehicle Allowance	0.40 per km
15	26	First-aid	2.23 per shift

 

 

 

J. McLEAY, Commissioner.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.