CATERERS EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification of Award Review pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC3748 of 1999)
Before The Honourable
Justice Marks
|
30 January 2001
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
17. Annual
Leave
32. Anti-Discrimination
14. Apprentices
33. Area,
Incidence and Duration
1. Arrangement
21. Bereavement
Leave
25. Blood
Donors
8. Casual
Employees
3. Classification
Structure
2. Definitions
31. Employee
Representative and Union Business
30. Exhibition
of Award in Workplace
29. Grievance
Handling and Disputes Procedure
5. Hours
13. Juniors
24. Jury
Service
23. Laundry
Allowance
6. Make-Up
Time
7. Meal
Break/Rest Pause
10. Mixed
Functions
11. Overtime
and Penalty Rates
18. Parental
Leave
15. Payment of
Wages
20. Personal/Carers’
Leave
12. Public
Holidays
26. Redundancy
19. Sick Leave
27. Supported
Wage
4. Terms of
Employment
28. Traineeships
9. Wages
22. Work
Clothes and Safety Equipment
16. Working
Together
PART B
MONETARY RATES
Table 1 ‑ Wage
Rates
Table 2 ‑ Other
Rates and Allowances
2. Definitions
2.1 "Casual
Employee" means an employee who is engaged as such and paid as such.
2.2 "Establishment"
includes more than one facility if they are operated by the same employer and
are located in the same structure or place.
2.3 "Caterer"
means an employer carrying on the business of catering whether by contract, by
charge for admission, or otherwise within the State; provided that such
business shall not include that carried out in restaurants, tea shops,
cafeterias or other eating establishments attached to, or carried on or in
connection with factories, workshops, banks, business premises or in other like
establishments where food is prepared for or served to employees.
2.4 "Employee"
means an employee whose conditions of employment are regulated by this award.
2.5 "Full‑time
employee" means a permanent employee who is engaged to work an average of
38 ordinary hours in accordance with this award.
2.6 "Part-time
employee" means a permanent employee who is engaged to work not less than
9 or 15 hours per week (as set out in clause 5.7), nor more than 128 hours per
four week period.
3. Classification
Structure
3.1 The following
classification structure shall apply:
3.1.1 GRADE 1 is an
employee who is:
3.1.1.1 undertaking up to three months on-the-job training so
as to enable the employee to be employed as a Grade 2 employee; or
3.1.1.2 providing general assistance to employees of a higher
grade, not including cooking or direct service to customers, and is primarily
engaged in one or more of the following:
• Cleaning,
tidying and setting up of kitchen, food preparation and customer services areas,
including the cleaning of equipment, crockery and general utensils.
• Assembly and
preparation of ingredients for cooking.
• Handling
pantry items and linen.
• Setting
and/or wiping down tables, removing food plates, emptying ashtrays and picking
up glasses.
• General
cleaning, gardening and labouring tasks.
3.1.2 GRADE 2 is an
employee who is primarily engaged in one or more of the following:
• Heating pre‑prepared
meals and/or preparing simple food items, such as sandwiches, salads and toasted
foodstuffs.
• Undertaking
general waiting duties of both food and/or beverages, including cleaning of
equipment, preparing tables and sideboards, clearing tables, taking customer
orders at a table.
• Taking orders
by telephone or whilst stationed at a fixed ordering point, serving food and/or
beverages to tables.
• Service from
a snack bar, buffet or meal counter.
• Receipt of
monies, giving change, operation of cash registers, and use of electronic swipe
input devices.
• Greeting and
seating guests under general supervision.
• Supplying,
dispensing or mixing of liquor, including cleaning of bar areas and equipment,
preparing the bar for service, taking orders and serving drinks and assisting
in the cellar.
• Receiving,
storing and distributing goods not involving the extensive use of documents and
records.
• Attending a
cloakroom.
• Laundry and
specialised cleaning duties involving the use of specialised cleaning equipment
and/or chemicals.
• Allocated
building, maintenance and/or gardening duties.
3.1.3 GRADE 3 is an
employee who is primarily engaged in one or more of the following:
• Preparing
and cooking a limited range of basic food items such as breakfasts, grills and
snacks.
• Waiting
duties of food and/or beverages, including providing assistance in choosing the
meal and wines by providing detailed information when required of each item
listed on menus, advising customers on the appropriate choices of wine and
providing information on wine types and all items on the wine list, taking customer
orders, serving food and/or beverages, supervising or undertaking the clearing
of tables after and during meals, receipt of monies, taking reservations,
greeting and seating guests.
• Preparing and
serving a range of drinks, including blended and other cocktails.
• Receiving,
storing and distributing goods not involving the control of the store or
cellar.
• Security work
requiring the holding of an appropriate licence.
• Assisting in
the instruction on a one to one basis of employees of a lower grade.
3.1.4 GRADE 4 is an
employee who is primarily engaged in one or more of the following:
• Undertaking
general cooking duties, including a la carte cookery, baking, pastry cooking or
butchery.
• Full control
of a cellar and/or store, including stock control and ordering.
• Designing,
preparing and serving a range of sophisticated cocktails and other drinks, or
duties performed by a head bar person.
• Performing
specialist waiting duties in a fine dining or otherwise complex catering
environment, such as those performed by a head waiter.
• Performing
specialist wine waiting and ordering duties.
• Providing
basic supervision and instruction to employees of a lower grade.
3.1.5 GRADE 5 is an
employee who has completed an apprenticeship or who has passed the appropriate
trade test and who is engaged in any of the following:
• Undertaking
cooking, baking, pastry cooking or butchering duties.
• Undertaking
general and specialised waiting duties.
• Other trade
work appropriate to an employee’s trade.
The employer may require the employee to provide proof of any
previous service or a trade certificate at the time of commencing employment.
Where it is established that the employee failed to disclose that information
when required to do so such service or qualification shall not be taken into
account when assessing any later claim on the employer.
3.1.6 GRADE 6 is an
employee who is engaged in supervising, training and co‑ordinating staff
and who is responsible for the maintenance of service and operational
standards. Duties may include preparation of operational reports, development
of stock control and security procedures, menu planning, staff rostering and
staff recruitment and induction, but an employee at this grade shall not have
the right to engage or terminate the services of employees.
3.1.7 GRADE 7 is an
employee who has completed an apprenticeship or has passed the appropriate
trade test in cookery, butchery, baking or pastry cooking and has completed
appropriate additional training and who is engaged in supervising other trade
qualified cooks.
3.2 In the event
of uncertainty or any dispute arising over classifying employee(s) within the
classification structure, the parties shall refer to the training guidelines
issued by Tourism Training NSW. These
guidelines indicate the relevant training modules, and in more detail, the
required competencies that relate to each grade.
3.3 If an employee
has been assessed as having achieved the competency level by either:
• completing a
course recognised by the Australian Hospitality Review Panel; or
• ACCESS skills
assessment scheme
and is performing the duties/functions referred to
within the appropriate grade then the employee shall be paid at that grade.
3.4 The above
grades cover all employees employed by a caterer, but not managerial staff
whose principal functions are not described in the grade descriptions. Where an employee’s duties are not mentioned
within these classifications, the employee shall be classified in a grade
which, by reference to the grading descriptors, most closely reflects the
skills and responsibilities of the job.
4. Terms of
Employment
4.1 Employees
shall be engaged on a full-time, part-time or casual basis. The basis of the engagement will not be
changed without giving the employee 28 days' notice of the change or, where the
employee requests the change, the basis of engagement may be changed in a
lesser period.
4.2 Upon
engagement an employee shall be informed by the employer of:
4.2.1 Whether the
employee is to be engaged on a full time, part time or casual basis.
4.2.2 The employee’s
classification, job description and the duties
to be performed.
4.2.3 The working
times including when meal breaks and rest breaks will be taken.
4.2.4 Who will
supervise the employee.
4.2.5 The training
the employee will receive.
4.2.6 The career path
the employee can expect.
4.2.7 Whether the
employee starts work on probation (not applicable to apprentices or trainees).
4.3 Probationary
Employment:
4.3.1 Employees
engaged as full-time or part-time employees without any previous service with
the employer may be employed on probation for the first 14 days of employment,
during which period the employment may be terminated with one day’s notice.
4.3.2 The work of
employees on probation will be assessed by the employer, and, the employee will
be told no later than 14 days after the employee has started whether the employee will continue in employment
after the probation period.
4.4 Leaving
Employment:
4.4.1 An employer may
terminate the employment of a full-time or part-time employee by giving the
amount of notice set out below for the employee's period of continuous
employment or by paying the employee the monies the employee would otherwise have earned during this period:
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
4.4.2 An employer
will not terminate an employee’s employment unless the employee has been
employed with the employer for less than one month or the employer has told the
employee that the employer is unhappy with the employee’s employment and the
employee has not improved after being given a chance to do so.
4.4.3 Nothing in this
clause shall affect the right of the employer to dismiss an employee without
notice or without paying any monies instead of notice if the employee has acted dishonestly in employment, the
employee has unreasonably failed to carry out a direction properly given to
them by a person in charge, or the employee has otherwise behaved so badly as to justify being dismissed
without notice
4.4.4 A full-time or
part-time employee when leaving employment must give the employer at least one
week’s notice or the employer may deduct from wages owing any part of the
notice period not worked. An employer
shall not terminate an employee’s employment only because the employee has
given notice.
4.4.5 On termination
of employment for any reason the employer will give a full or part-time
employee a certificate of service stating how long the employee had worked for
the employer and what job the employee did.
4.5 Employees
shall perform such work as the employer shall, from time to time, reasonably
require (including working reasonable overtime) provided the employee is
competent to do the work or, if not, the employer is prepared to train the
employee to do the work.
4.6 Where an
employee is detained at work after the normal finishing time and it is then too
late to travel by the employee’s usual transport to go home, the employer shall
either arrange transport or repay the employee’s taxi fare.
4.7 Employees
shall not to be asked to pay any cash
shortages unless the employee deliberately failed to charge the customer the
full amount or deliberately failed to collect the amount payable.
5. Hours
5.1 Full time
employees will work not more than an average of 38 ordinary hours per week in accordance with this award.
These ordinary hours may not be averaged over more than a 4 week period (except
if the employee is a seasonal employee).
5.2 Full-time and
part-time employees will work not more than 5 days per week or, by agreement
between the employer and the employee, not more than 20 days in a 4 week
period.
5.3 Rosters:
5.3.1 The employer
shall display a roster in a place accessible to all employees. The roster shall set out the starting,
finishing and meal times for full-time and part-time employees for each week. The roster shall be posted at least seven
days before its commencement.
5.3.2 Subject to
other clauses of this award, employees must work at such times and on such days
as the employer needs them. An employer cannot change the roster of a full-time
employee without giving the employee 7 days notice except in an emergency
beyond the employer’s control. The
employer will discuss any change with the employee and try to take into account
the employee’s family and personal needs.
5.4 The ordinary
daily working hours of full-time and part-time employees will not be more than
10 hours in any one shift not including the time taken for meal breaks. By agreement between the employer and the
employee, an employee, other than an employee under 18 years of age, may work
up to 12 ordinary hours including the time taken for a paid meal break, without
the payment of a penalty under subclause 11.1 of clause 11, Overtime and
Penalty Rates.
5.5 Full-time and
part-time employees will be given 10 clear hours off between finishing work on
one shift and starting work on the next shift or paid double the employees
ordinary rate of pay for all time worked until the employee has had ten clear
hours off.
5.6 If a full-time
or part-time employee works less than 3 hours on a shift the employee will be
paid for no less than 3 hours worked.
5.7 A part time
employee's ordinary hours shall be:
5.7.1 where there are
less than 15 full-time and part-time employees employed at the establishment,
not less than 9 hours per week and not more than 128 hours per four week
period;
5.7.2 where there are
15 or more full-time and part-time employees employed at the establishment, not
less than 15 hours per week and not more than 128 hours per four week period.
5.8 If a part-time
employee is not given at least 7 days notice or otherwise agrees to a change of
rostered hours the employee will be paid an extra 10% for the whole of the
period of any affected shift(s) (and any overtime or other penalty payments
will be calculated on this extra 10%) except where the change of roster has
been requested by the employee.
5.9 Subject to
clause 11, Overtime and Penalty Rates, if a part-time employee is asked to work
extra hours beyond the employee’s rostered hours, the employer will pay the
employee for the employees work during that time at the rate which will be paid
to a casual employee. In addition to all other payments, the rate shall include
payment required by the Annual Holidays
Act 1944 on termination of employment.
Hours worked under the provisions of this subclause shall not otherwise
be taken into account in determining a person’s entitlement to annual leave
payments whether on termination of employment or otherwise.
5.10 Seasonal
Workers:
5.10.1 If
the amount of the employer’s business changes substantially during the year
because of seasonal factors, the employee and the employer can agree to treat a
full-time or part-time employee as a seasonal employee. If so, the employer will pay the employee
by equal weekly or fortnightly pays notwithstanding the number of hours the
employee works in any one day provided that averaged over any period of 52
weeks the employer will not have paid
the employee less than the monies the employee would be entitled to receive
throughout that period under this award.
5.10.2 If
an employee is terminated by the employer, except in circumstances allowing the
employer to dismiss them without notice or by the employee for pressing social or domestic or personal
reasons the employer will pay the employee any higher amount which would have
been earned if the employee had not become a seasonal worker under this clause,
calculated from the last anniversary of the date the employee commenced working
for the employer as a full-time or part-time employee.
5.11 Where an
employee works a broken shift the employer will pay the employee for not less
than 8 hours worked on any one shift.
The shift will be spread over not more than 2 periods within a span of
not more than 14 hours inclusive of meal breaks. For each broken shift worked, an employee shall be paid an
allowance of one half of the hourly ordinary rate of pay payable from time to
time to employees at the level 2 work classification.
6. Make-Up Time
6.1 An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
6.2 An employee on
a regular night shift 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.
7. Meal Break/Rest
Pauses
7.1 An employee
who is engaged to work in excess of 5 hours shall be given a meal break of
between 30 minutes and 1 hour. This meal break shall be given after working not
more than 5 hours. By agreement, up to
six hours may be worked without a break for a meal. The first meal break taken
on any shift shall be unpaid and a meal shall be provided. For full time and part time employees, the
second meal break will be a paid break, and the employee will be paid a meal allowance for the second
break the amount of which is set out in Item 1 of Table 2 of Part B, or be
given a meal.
7.2 In addition to
a part time or full time employee’s
meal break(s), such employee will be given a paid rest pause of ten minutes
once during each work period of 5 hours.
8. Casual Employees
8.1 Casual
employees will not be entitled to annual leave loading or compassionate or
bereavement leave, payment for jury service or as a blood donor and clauses 5,
6, 18, 19, 20, 21, 24, 25, 26, and 28 do not apply to them.
8.2 The ordinary
daily working hours of casual employees will not be more than 10 hours in any
one shift not including the time taken for meal breaks. By agreement between the employer and the
employee, hours per shift may be not more than 12 including the time taken for
meal breaks (employees under 18 years of age will not be required to work more
than 10 hours in any one shift), without the payment of a penalty under
sub-clause 11.1 of clause 11, Overtime and Penalty Rates.
8.3 If a casual
employee works less than 3 hours on a shift the employee will be paid for no
less than 3 hours worked. Provided that casual employees employed by the
Australian Jockey Club or Sydney Turf Club to work at metropolitan gallop
racing fixtures must be paid a minimum
of 4 hours pay for each engagement at such a fixture.
8.4 Casual
employees will not be entitled to any public holiday penalty unless the
employee works on a public holiday.
8.5 An employee
who incurs in excess of one hour in actual and reasonable travelling to a job
at a location irregularly or infrequently serviced by the employer shall be
paid for time spent travelling in excess of one hour at ordinary rates of pay. Such employees shall also be paid an
allowance as set out in Item 4 of Table 2 of Part B for reimbursement of fares.
8.6 A casual
employee who is engaged to attend and attends a function which is postponed
shall be paid 2 hours pay. Provided that no employee shall attend at the place
of employment if public notice of the postponement has been given either by
press, radio or both, or by other means, not less than two hours prior to the
employee’s starting time at the function.
Provided that the employer will be required to prove that such
notification was given.
Where a Race Meeting Has Been Cancelled Or Postponed
and in Lieu Thereof a Phantom Fixture is Conducted, Employees Not Required for
Duty for the Purpose of the Phantom Race Meeting Are to Have Their Entitlements
Determined in Accordance With the Provisions of This Subclause.
9. Wages
9.1 Full-Time
Employees:
9.1.1 Adult full-time
employees shall be paid the appropriate minimum weekly wage rate for the
employees grade as set out in Table 1 of Part B of this award.
9.1.2 Wage rates will
be calculated to the nearest 10 cents.
9.2 Part-Time
Employees:
9.2.1 Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38.
9.2.2 Terms and
conditions of this award applicable to full-time employees shall apply to
part-time employees on a pro-rata basis.
9.3 Casual
Employees:
9.3.1 Casual
employees will be paid for each hour worked 1/38 of the weekly rate for the
grade which applies to the employee plus 20%.
All overtime and other penalty payments will be calculated on this rate.
9.3.2 Casual
employees are also entitled to be paid 1/12th of the employees ordinary pay, as
defined in the Annual Holidays Act,
to pay for the employees annual holiday entitlement.
10. Mixed Functions
An employee who is required by the employer to carry out
work on a temporary basis that carries a higher rate of pay than the employee’s
ordinary classification, shall be paid the higher rate while doing that
work. This clause shall not apply to
work performed under supervision for training purposes.
11. Overtime and
Penalty Rates
11.1 If the employer
requires an employee to work:
11.1.1 overtime being
for full-time employees more than 38 hours per week or the employer may average
these hours over up to a 4 week period (except if the employee is a seasonal
employee);
11.1.2 overtime being
for part time employees more than 128 hours in a 4 week period (except if the
employee is a seasonal employee);
11.1.3 overtime being
more than the ordinary daily working hours set out in subclause 5.4 of clause
5, Hours;
11.1.4 on a Saturday
(except if 11.2 applies to the employee);
11.1.5 on a Sunday
the employer will pay the employee extra wages (called
a penalty) being:
in the case of 11.1.1 and 11.1.2 time and one half of
the ordinary rate of pay for the first 2 hours worked and after that double
time,
in the case of 11.1.3 double the ordinary rate of pay
for all overtime worked,
in the case of Saturday work time and a quarter of the
ordinary rate of pay for all time worked (except if 11.2 applies),
in the case of Sunday work time and a half of the
ordinary rate of pay for all time worked.
11.2 Where an
employee works ordinary hours between midnight and 6.00 am they are to be paid
an extra 30% penalty for all time worked during these hours. Notwithstanding the foregoing, if the
employee works more than half of a regular shift on any day between midnight
and 6.00 am, the employer will pay the employee for all time worked on that
shift an extra 30% penalty and clauses 11.1.3 and 11.1.4 will not apply to the
employee. The above penalties are not
payable for work on Sundays and Public Holidays, or for overtime worked under
subclause 11.1.1.
11.3 Time off in
lieu of payment for overtime:
The employee may, with the consent of the employer take time
off within 12 months of becoming entitled to these payments instead of being
paid with the time off being calculated at the rate of one hour off for every
hour worked. Time off not taken within
12 months will be paid out at the overtime rates applying at the time it was
earned.
12. Public Holidays
12.1 Public holidays
are New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day,
Boxing Day and the days on which Australia Day, Anzac Day, Queen’s Birthday and
Labour Day are observed as public holidays.
The third Monday in February of each year, which shall be observed as
the picnic day of the union, also shall be a holiday for the purpose of this
clause.
12.1.2 Where a
substitute day is proclaimed or gazetted to replace any of the above days, the
substituted day shall be the public holiday in lieu of the original day.
12.2 If an employee
works on a public holiday, the employee
shall be paid at the rate of double time and one-half for all time
worked.
12.3 All overtime
worked on a public holiday shall be paid at the rate of double time and
one-half.
12.4 If an employee,
other than a casual employee, does not work and would normally be rostered to
work on a public holiday, the employee will be paid the employees normal
ordinary wages for that week.
12.5 If an employee,
other than a casual employee, is not
normally rostered to work regularly on the same days each week and the employee
is not rostered to work on a public holiday, the employer will either pay the
employee an additional day’s wages, or add a day to the employees annual
holiday’s leave, or give the employee another day off on ordinary pay within 28
days after or within one week before that public holiday.
12.6 An employer may
not change an employee’s normal rosters to avoid paying the employee for a
public holiday.
12.7 If an employee,
other than a casual employee, is absent from work on the working day before or
the working day after a public holiday without reasonable excuse, the employee shall not be entitled to
payment for such a holiday.
13. Juniors
The minimum weekly wage rate for a junior employee shall be calculated by applying the following
percentages of the appropriate adult rate for the classification in which the
employee is employed:
Age
|
%
|
|
|
17 years of age and
under
|
62
|
18 years of age
|
70
|
19 years of age
|
80
|
20 years of age
|
90
|
14. Apprentices
14.1 The minimum
weekly wage rate for apprentices shall be calculated by applying the following
percentages to the total rate of a Grade 5 employee.
|
% of
Grade 5
|
Four year apprentice
cooks ‑
|
|
|
|
1st year (or
equivalent training stage)
|
46
|
2nd year (or
equivalent training stage)
|
54
|
3rd year (or
equivalent training stage)
|
67
|
4th year (or
equivalent training stage)
|
80
|
"Equivalent training stage" recognises that an
employee could receive credit for training undertaken prior to the commencement
of the employees apprenticeship or have the ability to accelerate the period of
the employees apprenticeship.
14.2 Tool Allowance:
An apprentice in cooking who provides the employees own
tools shall be paid an allowance set out in Item 2 of Table 2 of Part B.
15. Payment of Wages
15.1 All wages will
be paid weekly or fortnightly by cheque or electronic funds transfer into up to
two accounts nominated by the employee from time to time or by cash as the
employer may choose.
15.2 Casual
employees will be paid at the end of each continuous pay period that they work
(but no longer than weekly or fortnightly by consent) either by cash or as the
employer may choose.
15.3 Wages will be
paid or transferred into the employees nominated account within 2 business days
of the end of each pay period.
15.4 All wages will
be calculated in 10 minute intervals for time worked of less than an hour.
16. Working Together
16.1 The parties to
this award recognise the need for employers and employees to work closely to
make the employers organisation a better place to work and to make business
better. Employers shall consult with
employees either individually, within working groups, or all together.
16.2 Individually:
Employers shall meet with employees from time to time and at least twice a year to discuss
matters such as the employees’ progress, job performance, problems, training
programme and career prospects.
16.3 As work groups:
Employers and employees shall hold meetings from time
to time and at least twice a year to discuss how the business is doing, what
changes can be made to increase business and work efficiency, any concerns
either party has about work or work related matters and any proposed changes
that may lead to employees being made redundant.
16.4 An employer
shall not harm an employee in employment because an employee has expressed an
opinion.
17. Annual Leave
(see the Annual Holidays Act 1944)
17.1 After an
employee has worked for the employees employer for 12 consecutive months the
employer will pay the employee a loading of 17½% on the employees annual
holiday pay each time the employee take holidays or on termination of
employment.
17.2 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed between the employer and the employee.
17.3 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.
18. Parental Leave
An employee, other than a casual employee, is entitled to
unpaid maternity leave, paternity leave or adoption leave under the Industrial Relations Act 1996.
19. Sick Leave
19.1 An employee,
other than a casual employee, who has worked for the employer for more than one
month shall be entitled to up to 38 hours off in the first year of employment
and 60.8 hours off in each of the second and subsequent years of employment
without loss of pay if the employee is unable to attend work because the
employee is ill or has been injured.
19.2 An employee
must give the employer as much notice as possible if the employee is to take
sick leave, and give the employer any reasonable proof that the employer may
ask.
20. Personal/Carer’s
Leave
20.1 Use of Sick
Leave:
20.1.1 An employee,
other than a casual, with responsibilities in relation to a class of person set
out in clause 20.1.3.2 who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at Clause 19 of the award, 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.
20.1.2 The employee
shall, if required, establish 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.
20.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
20.1.3.1 the
employee being responsible for the care and support of the person concerned;
and
20.1.3.2 the
person concerned being:
20.1.3.2.1 a
spouse of the employee; or
20.1.3.2.2 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;
20.1.3.2.3 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
20.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
20.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
20.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
20.1.3.2.5.2 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
20.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
20.1.4 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.
20.2 Unpaid Leave
for Family Purpose:
An employee may elect, with the consent of the employer,
to take unpaid leave for the purpose of providing care and support to a class
of person set out in 20.1.3.2 above who is ill.
21. Bereavement Leave
21.1 An employee,
other than a casual employee, shall be entitled to up to three days bereavement
leave in each year of employment without deduction of pay, up to and including
the day of the funeral, on each occasion of
the death of a person prescribed in subclause 21.3 of this clause.
21.2 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.
21.3 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 in subclause 20.1.3.2 of
clause 20 Personal/Carers Leave provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
21.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has already been granted other leave.
21.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
20.2, 20.3, 20.4, 20.5 and 20.6 of the said clause 20. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
22. Work Clothes and
Safety Equipment
22.1 The employer
will provide an employee with all necessary safety equipment and protective
clothing. The employee must use/wear
these items at all times when necessary and must take good care of them.
22.2 The employer
will replace all broken or lost items but the employer can ask the employee to
pay the employer back if they are lost or broken because of carelessness of the
employee. The onus of proving this will be on the employer.
23. Laundry Allowance
23.1 The employer
will launder an employee’s special clothing or pay the employee a laundry
allowance the amount of which is set out in Item 2 of Table 3 of Part B.
23.2 Special clothes
are those which the employer asks the employee to wear as a uniform and which
the employee could not use for everyday wear or, if the employee is a chef or
cook, the employees uniform.
24. Jury Service
24.1 If an employee,
other than a casual employee, is required to attend for jury service the
employer will pay the employee the difference between what the employee would
have earned while working for the employer and the amount of jury pay received
by the employee.
24.2 The employee
shall give the employer proof that the employee was on jury service and the
amount received.
24.3 The employee
must tell the employer as soon as the employee knows that the employee is
required for jury service.
25. Blood Donors
If an employee wishes to donate blood, the employee may do
so during working hours without loss of pay provided that:
25.1 The time and
day selected meet with the employer’s convenience and does not unduly disrupt
the employers operations.
25.2 The employee
is able to donate blood at a place
within 5 walking minutes of the workplace.
25.3 The employee
must provide the employer with proof that the employee donated blood; and
25.4 This
entitlement is limited to a maximum of 2 hours on no more than 3 occasions in
any one year of employment.
26. Redundancy
This clause only applies to employers which have 15 or more
employees (whether employed under this award or otherwise) immediately before
taking a decision to make an employee redundant.
This clause does not apply to employees with less than one
year’s continuous service. It also does
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.
If it is necessary to make an employee redundant the
employer will:
26.1 Only do so if
there is no other job the employer can reasonably give the employee, bearing in
mind the employee’s skills and experience and any training that can reasonably
be given to the employee.
26.2 Give the
employee as much notice as possible and, in any event, not less than the period
of notice set out below for the employee’s period of continuous employment:
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
|
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.
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.
26.3 If the employee
accepts a transfer to lower paid duties, maintain the employees higher rate of
pay for the period of notice set out in clause 26.2 above.
26.4 Also give the
employee one day a week off without loss of pay for each week of notice set out
in clause 26.2 above to look for another job, provided that the employee tells
the employer beforehand details of what the employee will be doing.
26.5 Give the
employee a written statement that the employee is to be made redundant, together
with details of the employee’s employment record with the employer.
26.6 Pay the
employee severance pay in accordance with the following table:
YEARS OF SERVICE
|
NUMBER OF WEEKS SEVERANCE PAY
|
|
|
|
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
years12 weeks
|
12 weeks
|
5 years and less than 6
years14 weeks
|
14 weeks
|
6 years and over
|
16 weeks
|
|
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
|
"Week’s pay" means the all purpose rate of pay for
the employee concerned at the date of termination, and shall include, in
addition to the ordinary rate of pay, overaward payments, shift penalties and
allowances paid in accordance with this award.
However, an employer can apply to the Industrial Relations
Commission for permission to pay a lower amount if the employee gets another
job or if an employer cannot afford to pay all or part of those severance
moneys.
27. Supported Wage
27.1 Definitions:
27.1.1 "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity with the Supported Wage System.
27.1.2 "Assessment
Instrument" means the form provided for under the Supported Wage System
that records the assessment of the productive capacity of the person to be
employed under the Supported Wage System.
27.1.3 "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991, as amended
from time to time or any successor to that scheme.
27.1.4 "Supported
Wage System" means the Commonwealth
Government system to promote employment for people who cannot work at full
award wages because of a disability, as documented in "Supported Wage
System: Guidelines and Assessment Process".
27.1.5 "Commonwealth
Government Authority" means the Commonwealth Government Department whose
responsibility includes the administration of the Supported Wage System.
27.2 Application:
27.2.1 This clause
applies only to employees who are unable to perform the range of duties to the
competence level required within the class of work for which the employee is
engaged, because of the effects of a disability on the employees productive
capacity and who meet the impairment criteria for the receipt of a Disability
Support Pension.
27.2.2 This clause does
not apply to any existing employee who has a claim against the employer which
is subject to the provisions of Workers’ Compensation legislation.
27.2.3 This clause does
not apply to employers in respect of the employers facility, programme,
undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils
the dual role of service provider and sheltered employer to people with
disabilities who are in receipt of or are eligible for a Disability Support
Pension, except with respect to an organisation which has received recognition
under Section 10 or Section 12A of the Act, or if a part only has received
recognition, that part.
27.3 Wages:
27.3.1 Following the
trial period prescribed in clause 27.4.5, employees to whom this clause applies
shall be paid the applicable percentage of the minimum rate of pay prescribed
by the relevant parent award for the class of work which the person is
performing according to the following schedule:
Assessed Capacity Rate
|
% of Relevant Parent
Award
|
|
|
10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
Notation: Where
a person’s assessed capacity is 10% the person shall receive a high degree of
assistance and support.
27.3.2 Notwithstanding
anything otherwise contained in this award, the weekly ordinary time rate of
pay for employees employed under the terms of this clause shall not be less
than the amounts as are fixed from time
to time by a competent Commonwealth Government Authority for the purposes of
the Supported Wage System.
27.3.3 The weekly wage
shall be the rate of pay for all purposes.
27.4 Employment
Conditions:
27.4.1 For the purpose
of establishing the percentage of the award rate to be paid to an employee
under this award, the productive capacity of the employee will be assessed in
accordance with the Supported Wage System and documented in an assessment
instrument by either:
27.4.1.1 The
employer and the union to which the employee belongs, in consultation with the
employee or, if desired by any of these:
27.4.1.2 The
employer, the employee and an accredited Assessor.
27.4.2 Lodgement of
Assessment Instrument:
27.4.2.1 All
assessment instruments under the conditions of this award, including the
appropriate percentage of the award rate to be paid to the employee, shall be
lodged by the employer with the Registry of the Industrial Relations Commission
of New South Wales.
27.4.2.2 All
assessment instruments shall be agreed and signed by the parties to the
assessment, provided that where the union is not a party to the assessment, it
shall be referred by the Registry to the union by certified mail and shall take
effect unless an objection is notified to the Registry within ten working days.
27.4.3 Review of
Assessment:
The assessment of the applicable percentage shall be
subject to annual review or earlier on the basis of a reasonable request for
such a review. The process of review
shall be in accordance with the procedures for assessing capacity under the Supported
Wage System.
27.4.4 Workplace
Adjustment:
An employer wishing to employ a person under the
provisions of this clause shall take reasonable steps to make changes in the
workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,
working time arrangements and work organisation in consultation with other
employees in the area.
27.4.5 Trial Period:
27.4.5.1 In
order for an adequate assessment of the employee’s capacity to be made, an
employer may employ a person under the provision of this award for a trial
period not exceeding 12 weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be needed.
27.4.5.2 During
the trial period the assessment of capacity shall be undertaken and the
proposed wage rate for a continuing employment relationship shall be
determined.
27.4.5.3 Work
trials should include induction or training as appropriate to the job being
trialed.
27.4.5.4 Where
the employer and employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract
of employment shall be entered into based on the outcome of assessment under
clause 27.4.
28. Traineeships
28.1 Application:
This clause applies only to persons employed in a
traineeship which has been registered with the Relevant NSW Training Authority.
28.2 Definitions:
28.2.1 A
"traineeship" is a program of training comprising structured training
with an employer, and it will include training conducted by a Registered
Training Organisation that has been approved by the Vocational Education
Training Accreditation Board. For the
purposes of the traineeship, structured training shall mean formal instruction
and closely supervised practice directly related to that instruction that is
undertaken according to the provisions of the training agreement.
28.2.2 A "training
agreement" means an agreement between an employer and a trainee for
registered training and employment which is approved by the Relevant NSW
Training Authority.
28.2.3 A
"trainee" is an employee undertaking a traineeship who is bound by a
training agreement.
28.2.4 "Relevant
NSW Training Authority" means the Department of Education and Training or
its successor organisation.
28.3 Training
Conditions:
A trainee undertaking a traineeship shall be engaged as
a full-time employee for a traineeship of a nominal period of one year or as
approved by the Relevant NSW Training Authority, provided that the trainee
shall be subject to a satisfactory probation period of up to one month.
28.4 All Trainees:
28.4.1 The time spent
off the job at training shall be allowed without loss of continuity of
employment.
28.4.2 Where employment
of a trainee by an employer is continued after completion of the traineeship
period, the traineeship period shall be counted as service for all award and
statutory entitlements where consistent with relevant legislation.
28.4.3 For the purposes
of the Long Service Leave Act 1955
where an employee has entered into a contract of employment with an employer
within a 12 month period after the completion of the traineeship with the
employer, the period of the employee’s traineeship with the employer shall be
taken into account for the purposes of ascertaining the period of service of
the employee with that employer under that contract of employment.
28.4.4 Preference in
continuation of employment shall be given to trainees, where possible, should
vacancies occur at the conclusion of the training period.
28.4.5 The provisions
of the Workplace Injury Management and Workers
Compensation Act 1998 and the Occupational
Health and Safety Act 1983 shall apply to trainees.
28.4.6 It is
acknowledged by the parties to this award that the purpose of the relevant
traineeships is to create education and career opportunities for persons who
would otherwise be unemployed, and to that extent the traineeship systems will
not be utilised by employers as a means of displacing existing regular
employees, whether full-time, part-time or casual.
28.4.7 The employer
shall ensure that the trainee is permitted to attend prescribed off-the-job
training and is provided with on-the-job training approved by the Relevant
State Training Authority.
28.4.8 The union shall
be afforded reasonable access to trainees and the trainees records, consistent
with the Industrial Relations Act
1996.
28.5 Wages:
28.5.1 The weekly wage
payable to Trainees shall be calculated by multiplying the hourly rate
applicable to the trainee by 38, less the average weekly training time to be
spent in structured training.
28.5.2 Junior hourly
rates shall be calculated in accordance with Clause 13 - Juniors. The rate for employees 21 years of age and
over shall be calculated at the rate for a Grade 2 employee.
28.5.3 The average
weekly training time to be spent in structured training shall be calculated by
averaging the total number of hours that the trainee, during each year of
employment, spends in structured training over the total number of weeks in
that year of employment under the traineeship.
29. Grievance
Handling and Disputes Procedure
29.1 Procedures
Relating to Grievances of Individual Employees:
29.1.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
29.1.2 A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
29.1.3 Reasonable time
limits must be allowed for discussion and resolution at higher levels of
authority.
29.1.4 At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
29.1.5 While a
procedure is being followed normal work must continue.
29.2 Procedures
Relating to Disputes etc. Between Employers and their Employees:
29.2.1 A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduate steps for further discussion and resolution at higher
levels of authority.
29.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
29.2.3 While a
procedure is being followed, normal work must continue.
29.3 The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
30. Exhibition of
Award in Workplace
A copy of this award must be exhibited in a conspicuous
place at the workplace.
31. Employee
Representative and Union Business
Where there is no union delegate on site, the employer will
recognise any person appointed by a majority of employees as an employee
representative. The employer will not
recognise more than one employee representative for less than 50 persons who
are employed by the employer at any one time.
The employer will provide a notice board in a staff area for the
employee representative (who may be a union delegate) to place notices,
including union notices, provided that the notices do not contain defamatory or
offensive material.
32.
Anti-Discrimination
32.1 It is the
intention of the parties bound by this award to seek to achieve the object of
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.
32.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
32.3 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 or unlawful discrimination or harassment.
32.4 Nothing in this
clause shall 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.
32.5 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.
33. Area, Incidence
and Duration
33.1 This award
replaces the Caterers', &c., Employees (State) Award published 7 August
1998 (306 I.G. 17).
33.2 This award
applies to all employees who perform work described in the classification
structure in this award employed by caterers, whether catering by contract, by
charge for admission, or otherwise, carrying on the business within the State,
excluding the County of Yancowinna, within the jurisdiction of the Restaurant,
&c., Employees (State) Industrial Committee.
33.3 This award
takes effect from the beginning of the first pay period to commence on or after
two months from 6 June 1998 and shall remain in force for a period of one year.
PART B
Monetary Rates
Table 1 - Wage Rates
Grade
|
From The First Pay
Period
On Or After
6 December 2000*
$ Per Week
|
1
|
407.30
|
2
|
424.30
|
3
|
449.90
|
4
|
468.60
|
5
|
501.00
|
6
|
541.60
|
7
|
562.90
|
* The rates of
pay in this award include the adjustments payable under the State Wage Case of
May 2000. These adjustments may be
offset against:
(a) any equivalent
overaward payments, and/or
(b) award
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
Table 2 ‑ Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
7.1
|
Meal Allowance
|
7.50
|
2
|
13.2
|
Apprentices Tool
Allowance
|
0.55 per week
|
3
|
23.1
|
Laundry Allowance:
- special clothing
requiring ironing
- special clothing
not requiring ironing
|
2.30 per day to a
maximum of 6.90 per week
1.30 per day to a
maximum of 4.00 per week
|
4
|
8.5
|
Fares reimbursement
|
$7.50
|
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.