CONCRETE PIPE AND CONCRETE PRODUCTS FACTORIES CONSOLIDATED (STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 5684, 5685, and 7007 of 1999)
|
Before Commissioner McLeay
|
20 December 2000
|
REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Hours of Labour
3. Implementation of the 38-Hour Week
4. Rates of Pay
5. Anti Discrimination and Harassment
6. Classifications
7. Allowances
8. Redundancy
9. Shift
Work
10. Overtime
11. Meal
Intervals and Allowances
12. Sunday and
Holiday Work
13. Holidays
14. Contract
of Employment
15. Settlement
of Disputes, Claims and Grievances
16. Superannuation
17. Training
18. Training
Wage
19. Workplace
Consultation
20. Sick Leave
21. Bereavement
Leave
22. Amenities
and Facilities
23. First-aid
24. Parental
Leave
25. Personal/Carer's
Leave
26. Country
Work
27. Annual
Leave
28. Long
Service Leave
29. Protective
Clothing
30. Clothing
and Safety Boots
31. Payment of
Wages
32. Rest
Periods
33. Right of
Entry of Union Officials
34. Loss of
Clothing
35. Transfer
from Job to Job
36. Tools,
etc.
37. Fares
38. Recognised
Industrial Organisation
39. Enterprise
Arrangements - Parties
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART C -
INDUSTRY/SKILL LEVEL RATES
Table 1 - Weekly Rates - Skill Level A
Table 2 - Weekly Rates - Skill Level B
Table 3 - Weekly Rates - Skill Level C
Table 4 - Weekly Rates - School Based Traineeships
Table 5 - Hourly Rates - Skill Level A
Table 6 - Hourly Rates - Skill Level B
Table 7 - Hourly Rates - Skill Level C
Table 8 - Hourly Rates - School Base Traineeships
Appendix A -
Industry/Skill Levels
Appendix B -
Classifications
2. Hours of Labour
(a) The ordinary
hours of work shall be an average of 38 per week, to be worked over a maximum
cycle of four weeks.
(b) The method for
working the ordinary hours is prescribed in clause 3, Implementation of the
38-Hour Week.
(c) The ordinary
hours of work prescribed herein may be worked on any weekdays or all weekdays,
Monday to Friday. These hours shall be worked continuously, except for meal
breaks, between 6.00 a.m. and 6.00 p.m. in respect to day work, and as
prescribed in clause 9, Shift Work, in respect to shift work, subject to the
following:
(i) the spread of
hours may be altered by mutual agreement between an employer and the majority
of employees in the plant or section or sections concerned.
(ii) Work done
outside the spread of hours fixed in accordance with this clause for which
overtime rates are payable shall be deemed for the purposes of this clause to
be part of the ordinary hours of work when otherwise the ordinary hours worked
would be less than those prescribed herein.
(d) The ordinary
hours of work prescribed herein shall not exceed 10 hours on any day. Provided
that:
(i) 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
written agreement of the employer and the majority of employees in the plant or
section or sections concerned.
(ii) By agreement
between an employer, the union and/or a majority of employees in the plant or
work section or sections concerned, ordinary hours not exceeding 12 on any day
may be worked subject to:
(1) the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on 12-Hour Shifts;
(2) proper health
monitoring procedures being introduced;
(3) suitable
roster arrangements being made;
(4) and proper
supervision being provided.
3. Implementation of
the 38-Hour Week
The method of implementing the 38-hour week shall be
determined, by agreement between the employer and the majority of employees
directly affected, from one or more of the following:
(i) By employees
working less than eight ordinary hours each day.
(ii) By employees
working less than eight ordinary hours on one or more days each week.
(iii) By all
employees having one weekday off, excluding public holidays, in each 20 day
work cycle, eight hours being worked on each of the other 19 days of those four
weeks. The day off is to be nominated by the employer.
(a) By fixing one
weekday upon which all or any number of employees will be off during a
particular 20-day work cycle.
(b) By rostering
employees off on various weekdays during a particular 20-day work cycle.
Subject to operational requirements, preference shall be given to days off
being arranged to suit individual requests.
(c) Flexibility in
relation to rostered days off:
Where the hours of work of an establishment, plant or
section are organised in accordance with this subclause an employer may require
the employees(s) to accrue up to a maximum of five rostered days off.
Were a rostered day off is accrued it shall be allowed
and taken within 12 months of its original due date.
(d) The procedure
for resolving special, anomalous or extraordinary problems shall be applied in
accordance with clause 15, Settlement of Disputes, Claims and Grievances.
The procedure shall be applied without delay.
(e) In any
calendar year, where 20 days annual leave is taken, there shall be a maximum of
12 rostered days off. Provided that, for lesser periods of annual leave taken,
the above will apply on a proportionate basis.
(iv) Provided that
the ordinary hours may be worked by such other method that is agreed upon
between the employer and the majority of employees directly affected.
(v) Circumstances
may arise where different methods of implementing a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
(vi) The day
scheduled to be the day off in accordance with subclause (iii) of this clause
may be worked as an ordinary working day without penalty when substituted by
another day by agreement between the employer and the employee directly
affected or, where a number of employees are directly affected, by agreement
between the employer and a majority of employees in respect of whom a
substituted day off is sought.
(vii) Excluding
circumstances beyond the control of the employer and except as otherwise herein
provided, not less than seven days notice is to be given concerning the days
off thus allocated to employees by the application of the foregoing
arrangements.
(viii) The procedure
for resolving special, anomalous or extraordinary problems shall be applied in
accordance with clause 15, Settlement of Disputes, Claims and Grievances. The
procedures shall be applied without delay.
(ix) In any
calendar year, where 20 days annual leave is taken there shall be a maximum of
12 rostered days off. Provided that, for lesser periods of annual leave taken,
the above will apply on a proportionate basis.
4. Rates of Pay
(a) Wages - For
work done during ordinary hours, an adult employee shall receive (subject to
the other provisions of this award) the rate for the classification as set out
in Table 1 - Wages, of Part B, Monetary Rates.
(b) Junior
Employees - Junior employees shall be paid the following percentages of the
rates prescribed in the said Table I for the classification Level 1:
|
Age
|
Percentage
|
|
16 years
|
60
|
|
17 years
|
70
|
|
18 years
|
80
|
|
19 years
|
90
|
|
20 years
|
100
|
The said percentages shall be calculated in multiples of
five cents, amounts of two cents or less being taken to the lower multiple and
amounts exceeding two cents being taken to the higher multiple.
(c) Casual
Employees - A casual employee is an employee engaged by the hour. Such employee
shall be paid 20 per cent, in addition to the rate prescribed by this award for
the work which the employee performs. Further, the employee shall receive an
additional 1/12thof the hourly rate in lieu of annual leave pursuant to the Annual Holidays Act 1944 for all
ordinary time work which the employee performs.
(d) 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 wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
5.
Anti-Discrimination and Harassment
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) Any conduct or
act which is 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.
(v) 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:
(1) Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act effects ... 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."
6. Classifications
Level 1 (78 per cent) - Undertaking the employer's induction
programme, which may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow workers, training and career
path opportunities, plant layout, work and documentation procedures,
occupational health and safety and quality assurance.
Employees at this level perform routine duties essentially
of a manual nature and, to the level of their training:
(1) perform
general labouring and cleaning duties;
(2) exercise
minimal judgement;
(3) work under
direct supervision;
(4) may undertake
structured training so as to enable them to work at Level 2;
(5) within the
limitations of the skill levels, as defined, employees will be expected to be
responsible for the quality of their own work.
Level 2 (82 per cent) - Employees who have undertaken the
employer's induction programme and who have satisfactorily completed training
so as to enable them to perform work at this level.
Employees at this level perform work above and beyond the
skills of an employee at Level I and, to the level of their training:
(1) work under
direct supervision either individually or in a team environment;
(2) have a basic
product knowledge
(3) understand and
utilise basic control procedures;
(4) understand and
undertake basic quality control/assurance procedure, including the ability to
recognise basic quality deviations/faults;
(5) within the
limitations of the skill levels, as defined, employees will be expected to be
responsible for the quality of their own work.
Indicative of tasks which an employee at this level may
perform are the following:
repetitious work on a minor machine in a production
centre;
use selected hand tools;
maintain simple records;
use hand trolleys and pallet trucks;
assist in the provision of on-the-job training in
conjunction with other employees, supervisors/trainers;
use and operation of pendant cranes, subject to an
employee possessing the required licence or permit.
Level 3 (87.4 per cent) - Employees who have undertaken the
employer's induction programme and who have satisfactorily completed training
so as to enable them to perform work at this level.
Employees at this level perform above and beyond the skills
of employees at Level 2 and, to the level of their training:
(1) are
responsible for the quality of their own work, subject to routine supervision;
(2) work under
supervision either individually or in a team environment;
(3) exercise
discretion within their level of skill and training.
Indicative of the tasks which an employee at this level may
perform are the following:
operate flexibly between production centres;
operate and set machinery and equipment requiring the
exercise of skill beyond that of an employee at Level 2;
operate and is licensed to operate mobile equipment,
including forklifts, overhead cranes and winches;
basic inventory control in the context of a production
process;
basic keyboard skills;
receiving, despatching, sorting, checking and packing
(other than repetitive packing in a standard container in which such goods are
ordinarily sold), documenting and recording of goods, materials and components;
boiler attendant,
ability to measure accurately;
assist in the provision of on-the-job training in
conjunction with other employees, supervisors/trainers.
Level 4 (92.4 per cent) - Employees who have undertaken the
employer's induction programme and who have successfully completed a
"certificate" level of qualification and satisfactorily completed
training so as to enable them to perform work at this level.
Employees at this level perform work above and beyond the
skills of employees at Level 3 and, to the level of their training:
(1) work from
complex instructions and procedures;
(2) assist in the
provision of on-the-job training to a limited degree;
(3) co-ordinate
work in a team environment or work individually under general supervision;
(4) are
responsible for assuring the quality of their own work.
Indicative of the tasks which an employee at this level may
perform are the following:
machine setting, loading and operating;
inventory and store control, including licensed
operation of all appropriate handling equipment;
use of tools and equipment within their scope;
computer operation at a higher level than that of an
employee at level 3;
intermediate keyboard skills;
perform basic quality checks on the work of others;
operates and is licensed and certified for forklift,
engine driving and crane driving operations at a higher level than Level 3;
has a knowledge of the employer's operation as it
relates to production processes; lubrication of production machinery equipment;
assist in the provision of on-the-job training in
conjunction with other employees, supervisors/trainers.
Level 5 (100 per cent) -Employees who have undertaken the
employer's induction programme and who apply the skills acquired through the
successful completion of a "trade certificate level" qualification in
the production, distribution or stores functions according to the needs of the
enterprise.
Employees at this level work above and beyond an employee at
Level 4 and, to the level of their training:
(1) understand and
apply quality control techniques;
(2) exercise good
interpersonal communication skills;
(3) exercise
discretion within the scope of this grade;
(4) exercise
keyboard skills at a level higher than Level 4;
(5) perform work
under general supervision, either individually or in a team environment,
(6) are able to
inspect products and/or materials for conformity with established standards.
Indicative of the tasks which an employee at this level may
perform are the following:
approve and pass first-off samples and maintain quality
of product;
work from production drawings, prints or plans;
operate, set up and adjust all production machinery in
a plant;
can perform a range of engineering maintenance
functions, including removing equipment fastenings, including use of
destructive cutting equipment;
lubrication of production equipment; operate all
lifting equipment;
basic production scheduling and material handling
within the scope of the production process or directly related functions within
raw materials/finished goods locations in conjunction with technicians;
understand and apply computer techniques as they relate
to production process operations;
first class engine driver's certificate;
high level stores and inventory responsibility beyond
the requirements of an employee at Level 4;
assist in the provision of on-the-job training in
conjunction with tradespersons and trainers;
has a sound knowledge of the employer's operation as it
relates to the production process.
NOTE: The percentages appearing against each level shall be
calculated on the base rate of a Fitter classification under the Federal Metal
Industry Award.
7. Allowances
(i) Industry
Allowance - In addition to the rates shown herein, please note that an industry
allowance per week as prescribed by Item 2 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, is payable for all purposes of the award
for all establishments other than tile factories whose sole purpose is the
manufacture of tiles. The industry allowance for such tile plants as prescribed
by Item 3 of the said Table 2 is payable for all purposes of the award.
(ii) Lumpers of
cement or concrete articles (in and out of tanks) shall be paid an allowance
per hour as prescribed by Item 4 of Table 2 in respect of such time actually
spent in tanks containing water, with a minimum payment as for four hours. An
employee engaged on the preparation and/or the application of epoxy based
materials shall be paid an allowance per hour or part of an hour as prescribed
in Item 5 of Table 2 whilst so engaged.
(iii) An employee
required to do sand blasting shall receive an allowance per hour as prescribed
in Item 6 of Table 2.
(iv) Working in the
Rain - Any employee required to work continuously in the rain for a period in
excess of one hour shall be paid as prescribed in Item 7 of Table 2 for each
hour the employee is so required to work and, in addition, the employer shall,
free of charge, provide waterproof coats, sou'westers and rubber boots.
(v) Bituminous
Preparations - Any employee engaged in the application of bituminous
preparations shall be issued with a respirator free of charge; such employee
shall be paid an allowance per hour as prescribed in Item 8 of Table 2 in
addition to the ordinary rate of pay.
(vi) Slurry - Any
employee required to clean away or to work in slurry shall be paid an allowance
per day as prescribed in Item 9 of Table 2 in addition to the ordinary rate or
shall be supplied free of charge with suitable protective clothing and/or
footwear.
(vii) Wet Money -
Employees working in conditions which cause them to become wet footed shall be
provided with boots or paid an allowance per day or part thereof as prescribed
in Item 10 of Table 2 in addition to their ordinary rate of pay. Provided that
an employee who becomes entitled to payment under this clause shall wear
satisfactory footwear.
(viii) Leading Hand
Allowances (All-purpose) - A leading hand is one who is directed to control,
supervise and take responsibility for the work performed by two or more
employees. The employee shall be paid the rate prescribed for the highest class
of work so supervised, with the following additions; provided that, where such
employee's own classified rate is higher than the rate for the highest class of
work so supervised, the employee shall be paid that rate, with the following
additions:
In charge of two employees as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
In charge of three to six employees - as set out in the
said Item 1.
In charge of more than six employees - as set out in
Item 1.
The additional rates set out in Item 1 of Table 2 shall be
applicable for all purposes covered by this award.
8. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the classifications
specified by clause 6, Classifications.
(ii) This clause
shall also apply in respect to employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of paragraph (i) of subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not 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 clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction of
Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure, mechanisation or technology that are likely
to have significant effects on employees, the employer shall notify the
employees who may be affected by the proposed changes and the union to which
they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, 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.
(C) Redundancy -
(i) Discussions
Before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause (B), 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 provisions of subparagraph (a) of this paragraph
and shall cover, inter alia, any reason for the proposed terminations, measures
to avoid or minimise the terminations and measures to mitigate any adverse
effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(D) Termination of
Employment -
(i) Notice for
Changes in Production, Programme, Organisation or Structure - This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure, in
accordance with subparagraph (a) of paragraph (i) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice for
Mechanisation and/or Technological Change - This paragraph sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from technology in accordance with subparagraph (a) of paragraph (i) of
subclause (B) of this clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave, Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(iii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of notice,
to a maximum of five weeks, for the purpose of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstance 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
Employment National - Where a decision has been made to terminate the services
of employees, the employer shall notify Employment National 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) Centrelink
separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (a) of paragraph (i) of subclause (B) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee's employment had been
terminated and the employer may, at the employer's option, make payment in lieu
thereof of an amount equal to the difference between the former ordinary-time
rate of pay and the new ordinary-time rate for the number of weeks of notice
still owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to paragraph (i) of
subclause (D) of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the following
severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years
|
|
|
of Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age and Over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years8
|
75 weeks
|
|
3 years and less than 4 years12
|
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 other than expense related
allowances paid in accordance with this award
(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 paragraph
(i) of this subclause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in the said paragraph (i) will have on the employer.
(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 the said paragraph (i) if the employer obtains
acceptable alternative employment for an employee.
(F) 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 agreement, taken as a whole, between
the union and any employer bound by this award.
9. Shift Work
(a) Definitions -
For the purpose of this clause:
"Afternoon shift" means any shift finishing after
6.00 p.m. and at or before midnight.
"Continuous
work" means work carried on with consecutive shifts of persons throughout
the 24 hours of each of at least six consecutive days without interruption
except during breakdown or meal breaks or due to unavoidable causes beyond the
control of the employer.
"Night shift" means any shift finishing subsequent
to midnight and at or before 8.00 a.m.
"Rostered shift" means a shift of which the
employee concerned has had at least 48 hours notice.
(b) Hours -
Continuous Work Shifts - This subclause shall apply to shift workers on
continuous work as hereinbefore defined. The ordinary hours of shift workers
shall average 38 per week, inclusive of crib time, and shall not exceed 152
hours in 28 consecutive days. Provided that, where the employer and the
majority of employees concerned agree, a roster system may operate on the basis
that the weekly average of 38 ordinary hours is achieved over a period which
exceeds 28 consecutive days. Subject to the following conditions, such workers
shall work at such times as the employer may require.
A shift shall consist of not more than 10 hours inclusive of
crib time. Provided that:
(i) In any
arrangement of ordinary hours where the ordinary working hours are to exceed
eight on any shift, the arrangement of hours shall be subject to agreement
between the employer and the majority of employees concerned.
(ii) By
arrangement between an employer, the union and the majority of employees in the
plant, work section or sections concerned, ordinary hours not exceeding 12 on
any day may be worked, subject to:
the employer and the employees concerned being guided
by the Occupational Health and Safety provisions of the ACTU Code of Conduct on
12-Hour Shifts;
proper health and monitoring procedures being
introduced;
suitable roster arrangements being made; and
proper supervision being provided.
(iii) Except at the
regular changeover of shifts, an employee shall not be required to work more
than one shift in each 24 hours.
(iv) Twenty minutes
shall be allowed to shift workers each shift for crib which shall be counted as
time worked.
(c) Hours - Other
than Continuous Work - This subclause shall apply to shift workers not on
continuous work as hereinbefore defined. Subject to clause 3, Implementation of
the 38- Hour Week, the ordinary hours of work shall be an average of 3 8 per
week to be worked on the following basis:
(i) 38 hours
within a period not exceeding seven consecutive days; or
(ii) 76 hours
within a period not exceeding 14 consecutive days; or
(ii) 114 hours
within a period not exceeding 21 consecutive days; or
(iv) 152 hours
within a period not exceeding 28 consecutive days.
The ordinary hours shall be worked continuously, except for
meal breaks at the discretion of the employer. An employee shall not be
required to work for more than six hours without a break for a meal. Except at
regular changeover of shifts an employee shall not be required to work more
than one shift in each 24 hours.
Provided that:
the ordinary hours of work prescribed herein shall not
exceed ten hours on any one day;
in any arrangement of ordinary working hours where the
ordinary working hours are to exceed eight on any shift, the arrangement of
hours shall be subject to agreement between the employer and the majority of
employees in the plant or work section or sections concerned; and
by agreement between an employer, the union and the
majority of employees in the plant, work section or sections concerned,
ordinary hours not exceeding 12 on any day may be worked, subject to:
the employer and the employees concerned being guided
by the Occupational Health and Safety provisions of the ACTU Code of Conduct on
12-Hour Shifts;
proper health and monitoring procedures being
introduced;
suitable roster arrangements being made; and
proper supervision being provided.
(d) Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
(e) Variation by
Arrangement - Subject to subclauses (b) and (c) of this clause, the method of
working shifts may, in any case, be varied by agreement between the employer
and the majority of employees concerned.
The time of commencing and finishing shifts, once having
been determined, may be varied by agreement between the employer and the
majority of employees concerned to suit the circumstances of the establishment
or, in the absence of agreement, by seven days notice of alteration given by
the employer to the employees.
(f) Afternoon or
Night Shift Allowances -
(i) A shift
worker whilst on afternoon or night shift shall be paid for such shift 15 per
cent more than the ordinary rate.
(ii) A shift
worker who works on an afternoon or night shift which does not continue:
(a) Or at least
five successive afternoons or nights in a five-day workshop or six successive
afternoons or nights in a six-day workshop; or
(b) For at least
the number of ordinary hours prescribed by one of the alternative arrangements
in subclauses (b) or (c) of this clause.
Shall be paid for each such shift 50 per cent for the first two hours
thereof and 100 per cent for the remaining hours thereof in addition to the
ordinary rates.
(iii) An employee
who:
(a) during a
period of engagement on shift work, works night shift only; or
(b) remains on
night shift for a longer period than four consecutive weeks; or
(c) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give at least one-third of working time off night shift in each
shift cycle:
shall, during such engagement period or cycle be paid
25 per cent more than the ordinary rate for all time worked during ordinary
hours on such night shift.
(g) Saturday
Shifts - The minimum rate to be paid to a shift worker for work performed
between midnight on Friday and midnight on Saturday shall be time and a half.
Such extra rate shall be in substitution for and not cumulative upon the shift
premiums prescribed in subclause (f) of this clause.
(h) Overtime -
Shift workers, for all time worked in excess of or outside the ordinary working
hours prescribed by this award on a shift other than a rostered shift shall:
(i) if employed
on continuous shift work, be paid at the rate of double time; or
(ii) if employed
on other shift work, at the rate of time and a half for the first two hours and
double time thereafter.
Except in each case when the time is worked:
(iii) by
arrangement between the employees themselves; or
(iv) for the
purpose of effecting the customary rotation of shifts; or
(v) when not less
than seven hours 36 minutes notice has been given to the employer from a relief
person that will be absent from work and the employee who this relief person
should relieve is not relieved but instead required to continue to work on this
employee's rostered day off, the employee that should have been relieved shall
be paid double time.
(i) Requirement
to Work Reasonable Overtime - An employer may require an employee to work
reasonable (overtime at overtime rates and such employee shall work overtime in
accordance with such requirements.
(j) Sundays and
Holidays - Shift workers on continuous shifts for work on a rostered shift, the
major portion of which is performed on a Sunday or a holiday shall be paid as
follows:
(i) Sundays - at
the rate of double time.
(ii) Holidays, as
prescribed by clause 13, Holidays - at the rate of double time.
Shift workers on other than continuous shift work for all
time worked on a Sunday or holiday shall be paid at the rates prescribed by
clause 12, Sunday and Holiday Work. Where shifts commence between 11.00 p.m.
and midnight on a Sunday or a holiday, then the time so worked before midnight
shall not entitle the employee to the Sunday or holiday rate; provided that the
time worked by an employee on a shift commencing before midnight on the day
preceding a Sunday or holiday and extending into a Sunday or holiday shall be
regarded as time worked on such Sunday or holiday.
Where shifts fall partly on a holiday, that shift, the major
portion of which falls on a holiday, shall be regarded as the holiday shift.
(k) Daylight
Saving - Notwithstanding anything contained elsewhere in this award, where by
reason of the legislation of the New South Wales Government summer time is
prescribed as being in advance of the standard time, the length of any shift:
(i) commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period; and
(ii) commencing on
or before the time prescribed by such legislation for the termination of a
summer period, shall be deemed to be the number of hours represented by the
clock at the beginning of the shift and the time so recorded at the end
thereof, the time of the clock in each case to be set to the time fixed
pursuant to the State legislation.
10. Overtime
(a) For all work
done outside the ordinary starting or ceasing times of work on any one day or
shift, Monday to Friday, inclusive, the rate of time and one-half for the first
two hours and double time thereafter shall be paid.
(b)
(i) If, on the
instructions of the employer, an employee reports for overtime work on a
Saturday, the employee shall be paid for a minimum of four hours work at the
prescribed rate. In the event of an employee attending for work but not being
required, the employee shall be paid the minimum of three hours work at the
prescribed rate.
(ii) An employee
recalled to work overtime, Monday to Friday, inclusive, 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
overtime rate for each time the employee is so recalled.
(c)
(i) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days.
(ii) An employee
(other than a casual employee) who works so much overtime between the
termination of their ordinary work on one day and the commencement of their
ordinary work on the next day or shift that the employee has not had at least
ten consecutive hours off duty between those times shall, subject to this
subclause, be released after the completion of such overtime until the employee
has had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
(iii) If, on the
instructions of the employer, such employee resumes work without having had ten
consecutive hours off duty, the employee shall be paid at double time rates
until the employee is released form duty for such period. Further, the employee
shall then be entitled to be absent until they have had ten consecutive hours
of duty, without deduction of pay for ordinary working time occurring during
such absence.
(iv) 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:
(1) for the
purpose of changing shift rosters; or
(2) where a shift
is worked by arrangement between the employees themselves.
(d) The rostered
day prescribed in paragraphs (a) and (b) of subclause (iii) of clause 3,
Implementation of the 38-Hour Week, may be worked where it is required by the
employer; in which case, in addition to the payment of any accrual which has
not previously been paid, the employee shall be paid time and a half for the
first two hours and double time thereafter shall apply.
(e) The assignment
of overtime by an employer to an employee shall be based on specific work
requirements and the practice of "one in, all in" overtime shall not
apply.
11. Meal Intervals
and Allowances
(a) Employees
shall be entitled to a meal break of not less than 30 minutes and not more than
one hour which must be commenced within the fourth to sixth hours from the
commencement of ordinary working hours.
The employer may, in appropriate circumstances, reasonably require an
employee to change the time of taking the meal break to ensure continuity of
production.
(b) An employee
required to work for five hours on a Saturday, Sunday or public holiday shall
be entitled to a meal interval of 20 minutes to be paid at ordinary rates of
pay, provided the employee continues work for more than one and a half hours
following the conclusion of the meal interval.
(c) An employee
required to defer the meal break beyond the sixth hour of the shift shall be
paid at the rate of time and a half until the meal break is taken or the end of
the shift whichever first occurs.
(d) An employee
required to work overtime for more than two hours without being notified on the
previous day or earlier that they would be required to work overtime shall
either be supplied with a meal by the employer or paid as prescribed in Item 11
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the
first and subsequent meals. If an employee, pursuant to notice, has provided a
meal or meals and is not required to work overtime or is required to work less
than the amount advised, this employee shall be paid as above prescribed for
meals which the employee has provided but which are surplus.
(e) An employee
who is required to work for more than two hours beyond the normal ceasing time
in any day shall be allowed a break of 20 minutes at ordinary rates. After each
further four hours worked an employee shall be entitled to a crib time of 20
minutes without deduction of pay, if the employee continues working after such
crib time.
The employee and employer may agree to any variation of
these provisions to suit the circumstances of the work in hand. Provided that
the employer shall not be required to make payment in respect of any time
allowed in excess of 20 minutes.
(f) The employer
may organise meal breaks to be taken at such times that they will not interfere
with the continuity of work.
12. Sunday and
Holiday Work
(a) All time
worked on Sundays shall be paid for at the rate of double time, with a minimum
of four hours pay.
(b) All time
worked on the holidays prescribed in clause 13, Holidays, shall be paid for at
the rate of double time and one-half, with a minimum of four hours pay.
(c) Where, in a
State or territory or locality within a State or territory, an additional
public holiday is proclaimed or gazetted by the authority of the Commonwealth
Government or of a State or territory government and such proclaimed or
gazetted holiday is to be observed generally by persons throughout that State
or territory or locality thereof, other than those covered by federal awards;
or when such a proclaimed or gazetted day is, by any required judicial or
administrative order, to be so observed, then such day shall be deemed to be a
holiday for the purposes of this award for employees covered by this award who
are employed in the State, territory or locality in respect of which the
holiday has been proclaimed or ordered as required.
13. Holidays
(a) The following
days shall be paid holidays for weekly employees:
New Year's Day,
Australia Day,
Good Friday,
Easter Saturday,
Easter Monday,
Anzac Day,
Queen's Birthday,
Labour Day,
Christmas Day,
Boxing Day,
and all gazetted or proclaimed holidays for the State
of New South Wales.
(b) The first
Monday in March each year shall also be a holiday as the union Picnic Day.
(c) All weekly
employees shall be given and shall take this day as a Picnic Day, excepting as
hereinafter provided. It shall be paid therefor as for eight hours work at the
rates of pay prescribed in Table I - Wages, of Part B, Monetary Rates. Any
employee required to work on such day shall be paid at the rate of double time
and one-half for not less than four hours work.
(d) An employer
may require from an employee evidence of attendance at the picnic and the
production of the butt of the picnic ticket issued for the picnic shall be
sufficient evidence of attendance. Where such evidence is requested by the
employer payment need not be made unless the evidence is produced.
14. Contract of
Employment
(a) Weekly
Employment - Full-time - Other than casuals, all employees shall be engaged by
the week, except during the first week of employment, which shall be on a daily
basis.
(b) To obtain the
benefit of weekly employment an employee must be ready, available and willing
to work on the days and during the hours prescribed for an ordinary day's work,
less only prescribed or agreed upon remissions. Pro rata reductions of pay may
be made for unauthorised absences.
(c) Weekly
Employment - Part-time -
(i) This
subclause is subject to the approval of the Secretary of The Australian
Workers' Union, New South Wales, such approval will not be unreasonably
withheld.
(ii) An employee
may be engaged by the week to work on a part- time basis which, having regard
to the various ways of arranging ordinary hours, shall average less than 32
hours per week.
(iii) The spread of
ordinary working hours shall be the same as those prescribed for weekly
employees.
(iv) A part-time
employee shall be given a statement, in writing, showing the starting and
finishing times and the days upon which the employee is engaged to work as well
as the number of hours to be worked in each week.
(v) Such employee
for working ordinary time shall be paid per hour one thirty-eighth of the full-time
weekly rate prescribed by the award for work which the employee performs and,
in addition, shall be entitled on a pro rata basis to shift premiums and other
allowances where applicable.
(vi) An employee
engaged on a part-time basis shall be entitled to payments in respect of annual
leave, long service leave, public holidays, sick leave and bereavement leave
arising under this award on a proportionate basis calculated on the normal
ordinary hours the employee would have worked in accordance with clause 2,
Hours of Labour.
(vii) A part-time
employee who works outside the hours fixed pursuant to paragraph (ii) of this
subclause shall be paid overtime in accordance with clause 10, Overtime.
(d) Casual
Employment - Any person employed other than on terms of weekly employment.
Payment shall be in accordance with subclause (c) of clause 4, Rates of Pay, in
this award.
(e) Summary
Dismissal - Notwithstanding other provisions of this clause, the employer shall
have the right to dismiss any employee without notice for conduct that
justifies instant dismissal, including malingering, inefficiency or neglect or
refusal of duty or other misconduct or failure to obey company safety
regulations and in such cases the wages shall be paid up to the time of
dismissal only.
15. Settlement of
Disputes, Claims and Grievances
Subject to the provisions of the Industrial Relations Act
1996, any dispute or claim or grievance arising out of the operation of this
award shall be dealt with in the following manner:
(a) The matter
shall be submitted by the union delegate or relevant union official to the
Plant Manager or other appropriate officer of the employer or by the employer’s
officer to the union representative, when appropriate.
(b) If not
settled, the matter will be formally submitted by the State Secretary or other
appropriate official of the union to the employer concerned.
(c) If the matter
is still not settled it shall be submitted to the Industrial Relations
Commission of New South Wales for decision.
(d) Until the
matter is determined in accordance with the above procedure, work shall
continue normally at the instruction of the employer concerned, unless danger
is alleged to be involved, in which case work shall not proceed until the
alleged danger is removed or a decision is given on the matter.
(e) No party shall
be prejudiced as to final settlement by the continuance of work in accordance
with this clause.
16. Superannuation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act, 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993
and s. 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS).
Australian Superannuation Savings Employment Trust
(ASSET).
and any other complying superannuation fund as defined
by s.124 of the Industrial Relations Act 1996 (NSW).
and shall participate in accordance with the Trust Deed
of that fund.
The employer shall contribute to either of the funds in
accordance with the legislation listed above.
(c) The employer
shall provide each employee upon commencement of employment with membership
forms of the above funds and shall forward the completed membership form to the
fund selected by the employee within 14 days.
(d) An employee
may make contributions to the fund in addition to those made by the employer.
(e) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee's wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(f) An employee
may vary any additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation. There may be only two (2) variations made per annum.
(g) All
contributions shall be made at the completion of each calendar month.
(h) Ordinary time
earnings shall be defined as including:
(i) Award
classification rate
(ii) overaward
payment
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty.
(iv) Casual loading
in respect to casual employees including 1/12 annual holiday loading.
And any other payment made that is defined by the Acts
listed above in this section.
17. Training
(a) The parties to
this award recognise that in order to increase the efficiency, productivity and
competitiveness of industry, a greater commitment to training and skill
development is required. Accordingly,
the parties commit themselves to:
(i) developing a
more highly skilled and flexible workforce;
(ii) providing
employees with career opportunities through appropriate skills; and
(iii) removing
barriers to the utilisation of skills acquired.
(b) Following
proper consultation with employees, the employer shall develop a training
programme consistent with:
(i) the current
and future skill needs of the operations of the plant or enterprise;
(ii) the size,
structure, and nature of the operations of the plant or enterprise;
(iii) the need to
develop vocational skills relevant to the plant or enterprise through courses
conducted on the job or by accredited institutions and providers.
(c)
(i) Where,
arising from the training programme developed in subclause (b) of this clause,
the employer determines that an employee should undertake additional training,
that training may be undertaken either on or off the job. Provided that if the
training is undertaken during ordinary working hours the employee concerned
shall not suffer any loss of ordinary pay. The employer shall not unreasonably
withhold such paid training leave.
(ii) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure.
Provided that reimbursement shall also be on an annual basis, subject to the
presentation of satisfactory progress reports.
(iii) Travel costs
incurred by an employee undertaking training in accordance with this clause,
which exceed those normally incurred in travelling to and from work, shall be
reimbursed by the employer.
(d) The parties to
this award agree that reclassification will only occur where the employee
involved has the training and experience necessary to perform the full range of
functions comprehended by the new classification and is required to exercise
them in the course of employment.
18. Training Wage
(A) Application -
(i) Subject to
subclause (ii) this clause shall apply to persons who are undertaking a
traineeship (as defined) and is to be read in conjunction with any former
industrial agreement or instrument of the Industrial Relations Commission of
New South Wales which covers the terms and conditions of employment of persons
performing work covered by this award.
(ii) Notwithstanding
the foregoing, this clause shall not apply to employees who were employed, as
defined in paragraph (i) of this subclause, prior to the date of approval of a
traineeship relevant to the employer, except where agreed between the employer
and the relevant union(s).
(iii) This Award
does not apply to the apprenticeship system.
(B) Objectives -
The objectives of this clause is to assist with the establishment of a system
of traineeships which provides approved training in conjunction with employment
in order to enhance the skill levels and future employment prospects of
trainees, particularly young people, and the long term unemployed. The system
is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees
shall be displaced from employment by trainees. Except as provided for in subclause (D) Training Conditions,
nothing in this clause shall be taken to replace the prescription of training
requirements otherwise prescribed in this award.
(C) Definitions -
ICTA rneans the Industrial and Commercial Training Act 1989, or any
successive legislation. "Indenture" means a signed contract of
employment and training between the trainee and the employer which is approved
by the State Training Authority pursuant to the ICTA. An indenture may also be referred to in some cases as a
"training agreement".
"Part-time trainee" is a trainee indentured in a
part‑time traineeship.
"Part‑time traineeship" is a traineeship
where the trainee hours worked (including time spent in structured training)
are less than the full time hours for the relevant industry. Furthermore the
structured training is undertaken at the same, or lesser, rate than for a full‑time
trainee.
"Registered Training Organisation" (RTO) means a
training Organisation registered with the NSW Vocational Education and Training
Accreditation Board. The term RTO encompasses TAFE colleges/institutes, private
commercial providers, community providers, schools, higher education
institutions, enterprises and firms, industry bodies or any other Organisation
which meets the requirements for registration.
"Relevant union" means a union party to this award
and which is entitled to enrol the trainee as a member.
"School‑based Trainee" is a Trainee enrolled
in Higher School Certificate, or equivalent qualification, where such
traineeship forms a recognised component of their HSC, or where permitted,
their School Certificate curriculum and is endorsed by the State Training Authority
and the NSW Board of Studies.
"School‑based Traineeship" is a traineeship
undertaken by a student enrolled in the Higher School Certificate, or
equivalent qualification which forms a recognised component of their HSC
curriculum, endorsed by the State Training Authority and the NSW Board of
Studies. A "School - based
Traineeship" may also be referred to as a "School‑based Part‑time
Traineeship" in some literature.
"State Training Authority" means the NSW
Department of Education and Training, or its successor.
"Structured training" means the training specified
in the Training Plan which forms part of the Training Agreement with the
relevant NSW Training Authority. Structured training may include both on and
off‑the‑job training. It involves formal instruction, theoretical,
practical and supervised practice. The
structured training reflects the requirements of a Traineeship approved by the
relevant NSW Training Authority and leads to a certificate set out in the
Industrial and Commercial Training Act 1989.
Structured training must be delivered by a registered training
Organisation (RTO). "Trainee" is an individual who is a signatory to
a training agreement registered with the relevant NSW Training Authority. The
trainee is involved in paid work and structured training which may be on or off
the job.
"Traineeship" means a system of training which has
been approved by the relevant NSW Training Authority.
'Training Plan" means a programme of training which
forms part of a Training Agreement registered with the relevant NSW Training
Authority.
"Vocational Training Order" means an order in
force pursuant to the ICTA which sets out the terms and conditions of a
declared traineeship. The vocational training order includes details of the
work and training requirements for the successful completion of the traineeship
including the nominal term.
A Vocational Training Order shall not be given approval
unless consultation and negotiation with the relevant union(s) upon the terms
of the proposed traineeship have occurred. An application for approval of a
Vocational Training Order shall identify the relevant union(s) and demonstrate
to the satisfaction of the State Training Authority that the above mentioned
consultation and negotiation have occurred.
"Year 10" for the purpose of this clause, means
that any person leaving school before completing year 10 shall be deemed to
have completed Year 10.
(D) Training
Conditions -
(i) The trainee
shall attend an approved training course or training programme as prescribed in
the Indenture which reflects the provisions of the relevant Vocational Order.
(ii) Employment as
a trainee under this award shall not commence until the indenture papers have
been signed by the employer and by the trainee and lodged with the State Training
Authority.
(iii) The employer
shall ensure that the trainee is permitted to attend the training course or
program provided for in the indenture and shall ensure that the trainee
receives the appropriate on‑the‑job‑ training.
(iv) The employer
shall provide a level of supervision in accordance with the indenture during
the traineeship period.
(v) The employer
agrees that the overall training programme will be monitored by officers of the
State Training Authority and training records or work books may be utilised as
part of this monitoring process.
(vi) Training shall
be directed at:
The achievement of key competencies required for successful
participation in the workplace (e.g., literacy, numeracy, problem solving, team
work, using technology), and an Australian Qualification Framework Certificate
Level 1, Level 11 and Level 111, as appropriate.
(E) Employment
Conditions -
(i) A trainee
shall be engaged, for a period no greater than the equivalent of one year full
time employment, calculated pro rata. For example, a part‑time trainee
working 2 ½ days per week (including time spent in structured training) works
(and trains) half the hours of a full‑time trainee and therefore their
traineeship could extend for a maximum of two years. In any case, unless the
State Training Authority directs otherwise, the maximum duration for a
traineeship shall be thirty‑six months.
By agreement in writing, and with the consent of the
State Training Authority, the relevant employer and the trainee may very the
duration of the traineeship and the extent of structured training, provided
that any agreement to vary is in accordance with the requirements of the
relevant Vocational Training Order.
Where the trainee completes their qualification earlier
than the time specified in the indenture then the traineeship may be concluded
by mutual agreement, in accordance with the provisions of the ICTA.
(ii) A trainee
shall be subject to a satisfactory probation period of up to one month, which
may be reduced at the discretion of the employer.
(iii) An employer
shall not terminate the employment of a trainee without firstly having provided
written notice of termination to the trainee concerned and to the State
Training Authority in accordance with the Indenture and the ICTA.
An employer who chooses not to continue the employment
of a trainee upon the completion of the traineeship shall notify the State
Training Authority of their decision in writing.
(iv) The employer
must be mindful of the requirement for the school‑based trainees to
balance their school, work and training commitments. Employers must set hours
of work consistent with the trainee's obligation to attend school and training
the employer will permit the trainee to be absent from work without loss of
continuity of employment and/or wages to attend the structured training.
(v) Where the
employment of a trainee by an employer is continued after the completion of the
traineeship period, the traineeship period shall be counted as service for the
purposes of any entitlements accrued pursuant to the parent award or any other
legislative entitlements.
(vi)
(a) The Indenture
may restrict the circumstances under which the trainee may work overtime and
shift work in order to ensure the training program is successfully completed.
(b) Trainees shall
not work overtime or shift work on their own unless consistent with the
provisions of the parent award or enterprise agreement.
(c) A trainee
shall not work shiftwork unless the employer and the relevant union agree that
such shift work makes satisfactory provision for an appropriate balance of
school, training and work commitments. Training may be applied over a cycle in
excess of a week but must average, over the relevant period, no less than the
amount of training required for non‑shift work trainees.
(d) The trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates, unless otherwise agreed to by the employer and the relevant union.
(vii) All other
terms and conditions of this award or enterprise agreement(s) that are
applicable to the trainee, or would be applicable to the trainee but for this
award, shall apply unless specifically varied by this award.
(viii) At the
conclusion of the traineeship, the terms of this clause cease to apply to the
employment of the trainee and terms and conditions of the parent award or
enterprise agreement shall apply to the former trainee.
(ix) A trainee who
fails to either complete the traineeship or who cannot, for any reason, be
placed in full‑time employment with the employer on successful completion
of the traineeship, shall not be entitled to any redundancy payment.
(x) The following
employment conditions apply specifically to part‑time trainees and
schoolbased trainees.
(a) A part‑time
trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full time trainee. All
the provisions of this award shall apply to part‑time trainees except as
specified in this subclause.
(b) A part‑time
trainee may, by agreement, transfer from a part‑time to a full time
traineeship position should one become available.
(c) The minimum
daily engagement periods, applying to part‑time employees, specified in
this award or applicable enterprise agreement shall also be applicable to part‑time
trainees.
Where there is no provision for a minimum daily
engagement period in this award or applicable enterprise agreement applying to
part‑time employees, then the minimum start per occasion shall be 3
continuous hours, except in cases where it is agreed that there shall be a
start of 2 continuous hours, on 2 or more days per week, provided that:
(1) a 2 hour start
is sought by the employee to accommodate the employee's personal circumstances,
or
(2) the place of
work is within a distance of 5km from the employee's place of residence.
(d) School‑based
trainees shall not be required to attend work or training during the interval
starting four weeks prior to the commencement of the final year Higher School
Certificate Examination period and depending upon the completion of the
individual's last HSC examination paper.
(e) For the
purposes of this clause, a school‑based trainee shall become in ordinary
trainee as at January 1 of the year following the year in which they ceased to
be a school student.
(F) Wages -
(i)
(1) The weekly
wages payable to trainees are as provided in Table 3 - Skill Level C, Table 4,
Weekly Rates Table 5, Hourly Rates Skill Level A, and Table 6, Hourly Rates,
Skill Level B.
Part-time/School Based Trainees' wages should be
calculated in accordance with the provisions of subclause (G) of this clause.
(2) These wage
rates prescribed by this clause will only apply to trainees while they are
undertaking an approved traineeship which includes structured training as
defined in this award.
(3) For the
purposes of this clause all time spent in training, either on or off‑the‑
job, is paid time.
(4) The wage rates
prescribed by this clause do not apply to apprentices who are covered by the
apprenticeship system.
(ii) Appendix A -
Industry/Skill Levels, of the said Part C, sets out the skill level of an
approved traineeship. The determination of the appropriate skill level, for the
purpose of determining the appropriate wage, will be made by agreement of the
relevant parties to this award, or where agreement cannot be achieved, by the
Industrial Relations Commission of NSW.
In any case the determination will be based on the
following criteria:
(1) any previous
agreement of the parties;
(2) the nature of
the industry;
(3) the total
training plan;
(4) recognition
that training can be undertaken in stages;
(5) the exit skill
level in the award contemplated by the traineeship.
(iii) For the
purposes of this clause, "out of school" shall refer only to periods
out of school beyond Year 10, and shall be deemed to:
(1) include any
period of schooling beyond Year 10 which was not part of nor contributed to a
completed year of schooling;
(2) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10;
(3) not include
any period during a calendar year in which a year of schooling is completed;
and
(4) Have effect on
an anniversary date, being January 1 in each year.
(G) Wages for
Part-time /School Based Traineeships -
(i) This
subclause prescribes the method for calculation of wages for school‑based
and/or part‑time trainees.
(ii) The rates set
out in Table 5, Hourly Rates - Skill Level A, Table 6 - Hourly Rates - Skill
Level B, Table 7 - Hourly Rates - and Table 8, Hourly Rate - School Based
Traineeships of Part C of this award, are the hourly rates of pay, for part
time trainees, where the training in either fully off‑ the‑Job or
where 20% of time is spent in structured training. These rates are derived form a 38 hour week.
The hours for which payment shall be made are
determined as follows:
(a) Where the
structured training for a traineeship (including a school based traineeship) is
provided off‑the‑job by a RTO, for example at school or at TAFE,
these rates shall apply only to the total hours worked by the part time trainee
on the job.
(b) Where the
structured training is under taken on‑the‑job or in a combination
of on the‑job and off‑the‑job, and the average proportion of
time to be spent in structured training is 20% (i.e., the same as for the
equivalent full time traineeship):
(1) If the
training is solely on‑the‑job, then the total hours on the job
shall be multiplied by the applicable hourly rate, and then 20% shall be
deducted
(2) If the
training is partly on‑the‑job and partly off‑the‑job,
then the total of all the hours spent in work and training shall be multiplied
by the applicable hourly rate, and then 20% shall be deducted.
NOTE: 20 % is the average proportion of time spent in
structured training which has been taken into account in setting the wage rates
for most full time traineeships.
(c) Where the
normal full time weekly hours are not 38 the appropriate hourly rate may be
obtained by multiplying the rate in the table by 38 and then dividing by the
normal full time weekly hours.
(iii) General
Formula - For traineeships not covered by subclause G above (i.e. where
training is neither fully off‑ the job and nor is the proportion of time
spent in structured training equal to 20%, the following formula for the
calculation of wage rates shall apply:
The wage rate shall be pro‑rata the full time
rates based on variation in the amount of training and/or amount of work over
the period of the traineeship which may be varied on the basis of the following
formula.
Wage = Full time
wage rate x Trainees hours ‑ average weekly training time
30.4*
(iv) "Full
time wage rate" means the appropriate wage rate as set out in Tables 1,2,3
and 4 of Part C ‑ Industry/Level Skill Rates of this award.
(v) "Trainees
hours" shall be the hours worked per week including the time spent in
structured training. In applying the above formula time spent in approved
vocational training may be taken as an average across a particular year of the
traineeship.
(vi) "Average
weekly training time" is based upon the length of the traineeship
specified in the traineeship agreement or training agreement as follows:
Average weekly training time 7.6 x 12
Length of
Traineeship in months
NOTE 1: The parties note that the traineeship agreement will
require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including on the job work experience and
demonstration of competencies. The parties also note that this would normally
result in the equivalent of a full day's on the job work per week.
|
Example of the calculation for the wage rate for a part
time traineeship
A school student commences a traineeship in Year 11. The
ordinary hours of work in the relevant award are 38. The training agreement
specifies two years (24 months) as the length of the traineeship.
"Average weekly training time" is therefore 7.6 x
12 = 3.8 hours
24
"Trainee hours" totals 15 hours, these are made
up of 11 hours work which is worked over two days of the week plus M/2, 2
hours on the job training plus 2 ‑ 1/2 hours off the job approved
training at school and at TAFE.
So the wage rate in Year 11 is:
$181 x (45 ‑ 3.8) = $66.68 plus any
applicable penalty rates under the award
30.4
The wage rate varies when the student completes Year 11
and passes the anniversary date of 1 January the following year to begin Year
12 and/or if "trainee hours" changes
|
Grievance Procedures -
(i) In general
complaints relating to trainees are dealt with pursuant to Section 65 of Part 4
of the ICTA.
(ii) Procedure
relating to grievances of individual trainees:
(1) A trainee
shall notify the employer (in writing or otherwise) as to the substance of any
grievance and request a meeting with the employer for discussions in order to
settle the grievance.
(2) If no remedy
to the trainee's grievance is found, then the employee shall seek further
discussions and attempt to resolve the grievance at a higher level of
authority, where appropriate.
(3) Reasonable
time limits must be allowed for discussion at each level of authority.
(4) At the
conclusion of the discussions, the employer must provide a response to the
trainee's grievance, if the matter has not been resolved, including reasons for
not implementing any proposed remedy. At this stage an employer or a trainee
may involve an *employer organisation or union of which the employee is a
member.
(5) If the dispute
relates to training then it may be referred to the NSW Commissioner for
Vocational Training in accordance with the provisions of the ICTA.
(6) If the dispute
relates to an industrial issue then the matter may be referred to the
Industrial Relations Commission of New South Wales by either the trainee or the
employer or the industrial organisation representing either party.
(7) Whilst this
grievance procedure is being followed, normal work shall continue.
19. Workplace
Consultation
(a) The parties to
this award are committed to cooperating positively to increase the efficiency,
productivity and competitiveness of the cement and concrete products industry
and to enhance the career opportunities and job security of employees in the
industry.
(b) At each plant
or enterprise, the parties shall establish a consultative mechanism and
procedures appropriate to the size, structure and needs of that plant or
enterprise. Measures raised by the
employer, employees or union for consideration consistent with the objectives
of subclause (a) of this clause shall be processed through the consultative
mechanism and procedures.
(c) Measures
raised for consideration consistent with subclause (b) of this clause shall be
related to implementation of the new classification structure, the facilitative
provisions contained in this award and, subject to clause 17, Training, matters
concerning training.
(d) During the
implementation period, all problems relating to the new structure will be
referred to the joint negotiating committee for resolution without resorting to
conflict or obstruction. This committee
will be comprised of representatives of employers and the union.
Disputes arising subsequent to implementation shall be
subject to the provisions of clause 15, Settlement of Disputes, Claims and
Grievances.
(e) Without
limiting the rights of an employer or the union to arbitrate, measures designed
to increase flexibility at the plant or enterprise shall be processed.
20. Sick Leave
(a) An employee on
weekly hiring who is absent from work on account of personal illness or on
account of injury by accident shall be entitled to leave of absence, without
deduction of pay, subject to the following conditions and limitations:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to workers' compensation.
(ii) The employee,
prior to commencement of starting time, shall notify the employer of such
absence and, as far as practicable, state the nature of the injury or illness
and the estimated duration of such absence.
(iii) The employee
shall prove, to the satisfaction of the employer, that the employee was unable
on account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed.
(iv) The employee
shall not be entitled, in the first year of service with any employer, to sick
leave in excess of three and one‑third hours of working time for each
completed month of service.
(v) The employee
shall not be entitled, in any subsequent year, to leave in excess of 64 hours
of working time.
(b) Notwithstanding
anything contained in subclause (a) of this clause, if the full period of sick
leave as prescribed above is not taken in any year, such portion as is not
taken shall be cumulative from year to year and may be taken in any subsequent
year.
(c) Sickness on a
Rostered Day Off ‑ Where an employee is sick or injured on the weekday
the employee is to take off in accordance with subclause (iii) of clause 3,
Implementation of the 38‑Hour Week, the employee shall not be entitled to
sick pay nor will the employee's sick pay entitlement be reduced as a result of
any sickness or injury on that day.
(d) An employee
who is absent on the ordinary working day preceding and/or the ordinary working
day following a rostered day off shall not be entitled to payment of sick pay
for such day or days unless the employee produces to the employer a certificate
from a duly qualified medical practitioner. Provided that, if satisfactory
evidence of sickness or injury acceptable to the employer is produced, then the
necessity of a medical certificate may be waived.
21. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal carer's leave as set out in
subparagraph, (ii) of paragraph (c) of subclause (1) of clause 25,
Personal/Carer's Leave, provided that for the purposes of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with the other leave available under
subclauses (2), (3),(4),(5) and (6) of the said clause 25. In determining such a request the employer
will give special consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
22. Amenities and
Facilities
See Factories, Shops and Industries, Act 1962, and
Regulations.
23. First‑Aid
(a) A first‑aid
outfit shall be provided by the employer at all works to which this award
applies (see Factories, Shops and Industries, Act 1962).
(b) Any employee
appointed by the employer to perform first‑aid duty shall be paid as
prescribed in Item 12 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in addition to the employee's ordinary rates.
24. Parental Leave
See Industrial Relations Act 1996, Part 4.
25. Personal/Carer's Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 20, sick
leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support 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 factor
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de factor 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 other; and
(3) 'household'
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause above, shall be
exclusive of any shutdown period provided for elsewhere under this award
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make‑up
Time -
(a) An employee
may elect, with the consent of the employer, to work make‑up time', under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work 'makeup time'
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to the
hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
26. Country Work
(i) Country work
shall mean employment at a place which requires the employee to be away from
their usual place of residence.
(ii) All
employees, sent by the employer from the city to the country or from one
country centre to another country centre or from a country centre to the city,
shall have their fares provided by the employer and, on remaining until the
completion of the job or until the special work which they were sent to perform
is completed and no other work is provided by the employer, shall be entitled
to fares back to the place of engagement.
(iii) Any person,
selected for work and sent by an employer or an employer's agent, including National
Service Officer, a Government Employment Bureau or a private employment agency,
from the city to the country or from one country centre to another or from a
country centre to the city, shall have necessary fares provided by the
employer.
(iv)
(a) Where
employees are sent from one place to another as prescribed by this clause, the
employer shall provide reasonable board and lodging or shall pay an allowance
as prescribed in Item 13 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, per week of seven days, but such allowance shall not be wages.
(b) In the case of
broken parts of a week the allowance shall be per night, as prescribed in Item
14 of Table 2.
(v) Time occupied
in travelling to and from country work shall be paid for at ordinary rates in
addition to wages otherwise earned; provided that no employee shall be paid
more than an ordinary day's wages for any time not exceeding 24 hours spent in
travelling.
27. Annual Leave
(i) See Annual
Holiday Act 1944.
(ii) In addition
to the entitlement accruing under subclause (i) of this clause, during a period
of annual leave an employee shall receive a loading calculated on the rate of
wage payable for the annual leave period as prescribed by the, Annual
Holidays Act 1944. The loading shall be calculated as follows:
(a) Day Workers -
An employee who would have worked on day work only had the employee not been on
leave - a loading of 17.5 per cent.
(b) Shift Workers
- An employee who would have worked on shift work had the employee not been on
leave - a loading of 17.5 per cent.
Provided that where the employee would have received shift
loadings as prescribed by this award had the employee not been on leave during
the relevant period, and such loadings would have entitled the employee to a
greater amount than the loading of 17.5 per cent, then the shift loadings shall
be added to the rates of wages prescribed in Table 1 - Wages, of Part B,
Monetary Rates, in lieu of the 17.5 per cent loading.
Provided further, that if the shift loadings would have
entitled the employee to a lesser amount than the loading of 17.5 per cent,
then such loading of 17.5 per cent shall be added to the rate of wages
prescribed by the said Table 1 in lieu of the shift loading.
28. Long Service
Leave
See Long Service Leave Act 1955.
29. Protective Clothing
(a) When an
employee is called upon to work in water the employee shall be provided with
suitable boots and waders which shall be worn by the employee.
(b) Where a
person's place of work is outside the factory building and this person is
required to carry on such work in the rain, the employer shall furnish the
employee with a waterproof overcoat, rubber boots and sou'wester, which shall
be worn by the employee whilst so employed.
(c) All protective
clothing supplied pursuant to this clause shall be as follows:
(i) issued in
good and clean condition;
(ii) retained by
the employee during the relevant period of employment and shall be renewed by
the employer when necessary;
(iii) fumigated
before being transferred from one employee to another;
(iv) shall remain
the property of the employer.
(d) The loss of
such protective clothing due to any cause arising out of the neglect or misuse
by the employee shall be a charge against any wages, provided that no charge
shall be made in respect of reasonable wear and tear.
30. Clothing and Safety
Boots
(a)
(i) Each employee
shall be issued with two sets of overalls or suitable alternative clothing at
the commencement of any employment and at the beginning of each subsequent 12month
period, provided that each employee shall receive, on a needs basis, an
additional issue of overalls or suitable alternative clothing where, due to the
work location and/or type of work, such issue is necessary.
(ii) By arrangement
between the employer and the employees at any particular plant and with the
agreement of the union, an allowance per week as set out in Item 15 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates, may be substituted in
place of the supply of clothing; or
(iii) At the
discretion of the employer each employee may be provided with overalls or
suitable alternative clothing which remain the property of the employer and
which are laundered, at the employer's expense, at least once each week.
(b)
(i) Up to three
pairs of safety boots per annum. shall be provided by the employer on
production of satisfactory evidence that any boots issued previously are no
longer serviceable.
(ii) By
arrangement between the employer and the employees at any particular plant and
with the agreement of the union, an allowance per week as set out in Item 15 of
Table 2, for the purchase of approved safety boots, may be substituted in place
of the supply of boots.
(c) In the case of
a new employee who leaves within a period of four weeks of commencement, such
employee will be charged the cost of boots and clothing supplied, but this
charge will be reduced by 25 per cent for each completed week the employee has
worked.
31. Payment of Wages
(a) Wages shall be
paid weekly or, where agreed, fortnightly, or as otherwise agreed.
(b) Where an
employer and an employee agree, the wages of an employee may be paid by cheque
or direct transfer into the employee's bank (or other recognised financial
institution) account.
Provided an employee has adequate access to banking
facilities, wages may be paid into the employee's bank (or other recognised
financial institution) account.
32. Rest Periods
All employees shall be entitled to two rest intervals of 7.5
minutes duration to be taken prior to the meal interval and a further rest
interval of 7.5 minutes duration shall be taken after the meal interval where
the employee is required to work more than six hours on any day or shift. The
rest intervals shall be taken at such times that will not interfere with the
continuity of work. Such intervals are to be counted as time worked.
33. Right of Entry of
Union Officials
See Industrial Relations Act 1996 (Sections 297 and
298).
34. Loss of Clothing
The employer shall be responsible, up to a maximum of an
amount as set out in Item 17 of Table 2 ‑ Other Rates and Allowances, of
Part B, Monetary Rates, for an employee's clothing which may be destroyed by
fire in a changing house or other shelter, provided that such destruction is
not in any way caused by the employee's own act or neglect.
35. Transfer from Job
to Job
An employee transferred by the employer from one job to
another job on the same day shall be paid for the time spent in travelling as
for time worked.
36. Tools, Etc.
The employer shall supply the employees with all the
requisite tools and gloves for the performance of their duties.
37. Fares
Work away from normal place of working - All fares
reasonably incurred by the employee in connection with work outside the factory
shall be paid by the employer.
38. Recognised Industrial
Organisation
(1) The Australian
Workers Union, New South Wales Branch is recognised, within the limits of its
constitution rule, to be the relevant industrial Organisation of employees in
the concrete pipe and products industry:
(2) Nothing stated
above is to be construed to confer a right of preference of employment in
favour of a member of an industrial organisation of employees over a person who
is not a member of an industrial organisation of employees.
39. Enterprise Arrangements
- Parties
(1)
(a) As part of the
ongoing process for improvements in productivity and efficiency, discussion
should take place at an enterprise to provide more flexible working
arrangements, improvement in the quality of working life, enhancement of
skills, training and job satisfaction, and positive assistance in the
restructuring process and to encourage consultation mechanisms across the
workplace to all employees in an enterprise and consideration of a single
bargaining unit in all multi‑union/union award workplaces. Union
delegates at the place of work may be involved in such discussions.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(i) a majority of
employees affected genuinely agree;
(ii) such
arrangement is consistent with the current State Wage Case principles.
(c)
(i) Before any
arrangement is signed and processed in accordance with subclause (2) of this
clause, details of such arrangements shall be forwarded in writing to the union
or unions with members in that enterprise affected by the changes and the employer
association, if any, of which the employer is a member. A union or an employer
association may, within 14 days thereof, notify the employer in writing of any
objection to the proposed arrangements, including the reason for such
objection.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Procedures to be Followed -
(2) Such
enterprise arrangements shall be processed as follows:
(a) All employees
will be provided with the current prescriptions (e.g., award, industrial
agreement or enterprise arrangement) that apply at the place of work
(b)
(i) Where an
arrangement is agreed upon between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
Where the arrangement is agreed upon between the
employer and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(ii) The
authorised representative of employees at an enterprise may include a delegate,
organiser or official of the relevant union, if requested to be involved by the
majority of employees at the establishment.
(c) the
arrangement shall be signed by the employer, or the employer's duly authorised
representative, and the employees or their authorised representative with whom
agreement was reached.
(d) Where an‑
arrangement is objected to in accordance with subparagraph (i) of paragraph (c)
of subclause (1) of this clause and the objection is not resolved, an employer
may make application to the Industrial Relations Commission of New South Wales
to vary the award to give effect to the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangement agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the arrangement approved and the award
varied in the manner specified in paragraph (g) of this subclause.
Such applications are to be processed in accordance
with the appropriate State Wage Case principles.
(g) When an
arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the
enterprise to which the arrangement applies, the date of operation of the
arrangement, the award provisions from which the said enterprise is exempt, and
the alternative provisions which are to apply in lieu of such award provisions
(or reference to such alternative provisions), shall be set out in a schedule
to the award.
(h) Such
arrangement, when approved, shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as the result of any award
changes made as part of the implementation of the arrangement.
40. Area, Incidence and
Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Concrete Pipe and
Concrete Products Factories (State) Award published 1 August 1997 (300 1.G.
261) as varied, the Concrete Pipes and Concrete Products Factories Redundancy
(State) Award published 22 September 1995 (288 I.G. 148) as varied, and the
Concrete Pipes and Concrete Products Factories Superannuation (State) Award
published 31 May 1991 (262 I.G. 1109) as varied.
The changes made to the award pursuant to the award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take
effect on 20 December 2000.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to all employees of the classifications
mentioned herein within the jurisdiction of the Cement, &c., Pipe Making
(State) Industrial Committee.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Former Rate
Per Week
$
|
SWC
2000
$
|
Total Rate
Per Week
$
|
|
Level 1
|
408.40
|
15.00
|
423.40
|
|
Level 2
|
412.50
|
15.00
|
427.50
|
|
Level 3
|
424.60
|
15.00
|
439.60
|
|
Level 4
|
445.50
|
15.00
|
460.50
|
|
Level 5
|
477.20
|
15.00
|
492.20
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
7(viii)
|
Leading Hands in charge of -
2 employees
3‑6 employees
more than 6 employees
|
12.30
16.25
19.50
|
|
2
|
7(i)
|
Industry allowance (other than tile factories)
|
12.35 per week
|
|
3
|
7(i)
|
Industry allowance for tile factories
|
8.05 per week
|
|
4
|
7(ii)
|
Lumpers of cement/concrete articles
|
0.36 per hour
|
|
5
|
7(ii)
|
Preparing/applying epoxy‑based materials
|
0.48 per hour
|
|
6
|
7(iii)
|
Sand blasting
|
0.48 per hour
|
|
7
|
7(iv)
|
Working in the rain
|
0. 15 per hour
|
|
8
|
7(v)
|
Bituminous preparations
|
0.36 per hour
|
|
9
|
7(vi)
|
Slurry work
|
1.03 per day
|
|
10
|
7(vii)
|
Wet money
|
1.18 per day
|
|
11
|
11(d)
|
Meal allowance
|
8.15 per meal
|
|
12
|
23(d)
|
First‑aid
|
1.80 per day
|
|
13
|
26(iv)
|
(Country work (7‑day week)
|
228.45 per week
|
|
14
|
26(iv)(b)
|
Country work (broken week)
|
32.65 per night
|
|
15
|
30(a)(ii)
30 (b)(ii)
|
Clothing
Boots
|
1.40 per week
1.85 per week
|
|
16
|
Appendix B
|
Fork lift allowance
|
4.15 per week
|
|
17
|
35
|
Loss of clothing allowance - maximum of:
|
499.00
|
*NOTE: The other rates and allowances as set out in the
above Table 2 shall take effect on and from 7 April 1998.
PART C -
INDUSTRY/SKILL LEVEL RATES
Table 1 - Weekly
Rates - Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level A.
|
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
128.00 (50%)
150.00 (33 %)
|
159.00 (33 %)
|
220.00
|
|
Plus 1 year out of school
|
213.00
|
220.00
|
256.00
|
|
Plus 2 years
|
256.00
|
256.00
|
297.00
|
|
Plus 3 years
|
296.00
|
297.00
|
341.00
|
|
Plus 4 years
|
342.00
|
341.00
|
|
|
Plus 5 years or more
|
389.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 2 - Weekly Rates - Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
Industry/Skill Level B.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
128.00 (50%)
150.00 (33%)
|
159.00 (33%)
179.00 (25%)
|
210.00
|
|
Plus 1 year out of school
|
179.00
|
210.00
|
241.00
|
|
Plus 2 years
|
210.00
|
241.00
|
282.00
|
|
Plus 3 years
|
241.00
|
282.00
|
323.00
|
|
Plus 4 years
|
282.00
|
323.00
|
|
|
Plus 5 years or more
|
323.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 3 - Weekly
Rates - Industry/Skill Level C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
Industry/Skill Level C.
|
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
128.00 (50%)
150.00 (33%)
|
159.00 (33%)
179.00 (25%)
|
196.00
|
|
Plus 1 year out of school
|
179.00
|
196.00
|
221.00
|
|
Plus 2 years
|
196.00
|
221.00
|
247.00
|
|
Plus 3 years
|
221.00
|
247.00
|
278.00
|
|
Plus 4 years
|
247.00
|
278.00
|
|
|
Plus 5 years or more
|
278.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 4 - Weekly
Rates - School based traineeships
|
|
Year of Schooling
|
|
|
Years 10 & 11
$
|
Year 12
$
|
|
School based traineeships skill
levels A, B and C
|
128.00 (50%)
150.00 (33%)
|
159.00 (33%)
179.00 (25%)
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 5 - Hourly
Rates ‑ Skill Level A
The table set out below are applicable to part time trainees
only. It provides hourly rates of pay where the training is either fully off
the job or where 20% of time is spent in approved training. These rates are derived from a 38-hour week.
|
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
6.34
|
6.90
|
8.32
|
|
Plus 1 year out of school
|
6.90
|
8.32
|
9.63
|
|
Plus 2 years out of school
|
8.32
|
9.63
|
11.15
|
|
Plus 3 years out of school
|
9.63
|
11.15
|
12.69
|
|
Plus 4 years out of school
|
11.15
|
12.69
|
|
|
Plus 5 years out of school
|
12.69
|
|
|
Table 6 - Hourly
Rates - Skill Level B
The table set out below are applicable to part time trainees
only. It provides hourly rates of pay where the training is either fully off
the job or where 20% of time is spent in approved training. These rates are
derived from a 38 hour week.
|
|
Highest Year of Schooling Completed Year
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
6.34
|
6.90
|
7.99
|
|
Plus 1 year out of school
|
6.90
|
7.99
|
9.14
|
|
Plus 2 years out of school
|
7.99
|
9.14
|
10.65
|
|
Plus 3 years out of school
|
9.14
|
10.65
|
12.10
|
|
Plus 4 years out of school
|
10.65
|
12.10
|
|
|
Plus 5 years out of school
|
12.10
|
|
|
Table 7 - Hourly
Rates - Skill Level C
The table set out below are applicable to part time trainees
only. It provides hourly rates of pay where the training is either fully off
the job or where 20% of time is spent in approved training. These rates are
derived from a 38 hour week.
|
|
Highest Year of Schooling Completed
|
|
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
School Leaver
|
6.34
|
6.90
|
7.66
|
|
Plus 1 year out of school
|
6.90
|
7.66
|
8.55
|
|
Plus 2 years out of school
|
7.66
|
8.55
|
9.53
|
|
Plus 3 years out of school
|
8.55
|
9.53
|
10.62
|
|
Plus 4 years out of school
|
9.53
|
10.62
|
|
|
Plus 5 years out of school
|
10.62
|
|
|
Table 8 - Hourly
Rate - School based Traineeships
The table set out below are applicable to part time trainees
only. It provides hourly rates of pay where the training is either fully off
the job or where 20% of time is spent in approved training. These rates are
derived from a 38 hour week.
|
|
Years of Schooling
|
|
School based traineeships skill levels
A, B & C
|
Years 10 & 11
6.34
|
Year 12
6.90
|
Appendix A -
Industry/Skill Levels
Industry/Skill Level A -
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B -
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level C -
Community Services and Health
Pastoral
Environmental
Wholesale and Retail
Vehicle Repair Services and Retail Sector
Appendix B - Classifications -
Classifications Translation - The translation of the
classification structure prior to 11 September 1991 to the new structure and
the application of the minimum rates adjustments is as follows:
|
Old Classification
|
New Classification
|
|
|
|
|
Group 1
|
Level 3
|
|
Group 2
|
Level 2
|
|
Group 3
|
Level 1
|
|
Group 4
|
Level 3
|
Increases arising from the introduction of the new
classification structure should be absorbed to the extent that overaward
payments will allow. In the case of Group 4 employees, most will properly
translate, on the basis of their current wage rate, to Level 3. Some, however,
will already be in receipt of a wage in excess of the Level 3 rate. In such cases, the difference between their
current rate of pay and the new Level 3 rate should become their overaward
payment.
Classifications -
Group 1 - Operator of concrete mixing machine with a rated
capacity in excess of 0.4 cubic metre (0.5 cubic yard approximately).
Automatic tile/ridge machine operator.
Maker by hand of tiles, ridges, apexes and starters.
Pipe Machine Operator.
Employee making pipe specials, i.e., concreting junctions,
splays or other articles including the use of cortex and who is required to
work from plans and/or specifications.
Pre‑stressed concrete ‑ steel stressing
operator.
Automatic block/brick machine operator.
Off‑bearer operator.
Operator bending, cutting and/or fixing bars, rods or
reinforcement working from plans.
Exposed aggregate maker‑finisher (includes control of
washing off of wet concrete surfaces).
Coating machine operator.
Group 2 - Operator of concrete mixing machine with a rated
capacity of less than 0. 12 cubic metre (3.5 cubic feet approximately).
Colour mixer/applicator operator.
Reinforcement welding machine operator.
Moulder of other cement or concrete articles.
Repairer and/or jointer.
Renderer facing concrete articles with float and trowel.
Mould assembler and/or stripper.
Concrete vibrator operator.
Splitter or cuber operator.
Hydraulic flag press operator.
Operator bending, cutting and/or fixing bars, rods or reinforcement
‑ other.
Exposed aggregate maker ‑ other ‑ including
setting up of moulds and making of reconstructed Aggregate. Machine operator
not elsewhere included.
Group 3 - Operator of concrete mixing machines with a rated
capacity of less than 0. 12 cubic metre, or mixing by hand.
Pipe Tester.
Stacker by hand of articles including bricks, blocks, tiles
and pipes.
All employees not elsewhere classified.
Group 4 -
Mobile Cranes - Lifting capacity:
Up to and including 5 tonnes.
Over 5 tonnes and up to and including 10 tonnes.
Over 10 tonnes and up to and including 20 tonnes.
Over 20 tonnes and up to and including 40 tonnes.
Over 40 tonnes and up to and including 80 tonnes.
Over 80 tonnes.
Fork Lift Operators -
Lifting capacity up to and including 4.5 tonnes.
Lifting capacity over 4.5 tonnes.
NOTE: Where two or more fork lifts or cranes are engaged on
any one lift the drivers thereof shall be paid an additional amount per week at
the rate as set out in Item 16 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, for the time so occupied.
Font End and/or Overhead Loaders -
Up to and including 1 cubic metre capacity.
Over 1 cubic metre and up to and including 2.2 cubic
metres capacity.
Over 4.5 cubic metres capacity.
Tractor (pneumatic tyred) using power operated attachments ‑
Up to and including 37 kW b.p.
Over 37 and up to 75 kW b.p.
Over 75 and up to 112 kW b.p.
Over 112 kW b.p.
Tractor (pneumatic tyred) without power operated attachments
37 kW b.p. or under towing trailer.
Stiff - legged derrick crane.
Overhead traverser.
Truck Drivers 3‑6 tonnes carrying capacity.
Crane Chaser.
Boiler Attendant.
Segmental paving operator ‑ employee preparing
surfaces for and/or placing.
Central batching plant operator operating machine in excess
of 0.4 cubic metres and supplying three or more production centres within a
factory.
Storeman.
J.
McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.