RUBBER WORKERS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 6119 of 1999)
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Before Commissioner Patterson
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1 May 2001
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REVIEWED AWARD
This award is arranged as follows:
Clause No. Subject Matter
1. Title
2. Definitions
3. Interpretation
4. Contract
of Employment
5. Stand
Down Provisions
6. Part-time
Employment
7. Grievance
and Disputes Procedure
8. Wages
9. Arbitrated
Safety Net Adjustments
10. Delineation
of Warehousing and Manufacturing/
Production Streams
11. Superannuation
12. Training
13. Junior
Rates
14. Special
Rates
15. First-aid
Attendant
16. Shift
Rates
17. Mixed
Functions
18. Hours of
Duty
19. Maximum
Number of Hours
20. Rest Time
21. Washing
Time
22. Travelling
Time Allowance and Board
23. Motor
Vehicle Allowance
24. Overtime
25. Meals
26. Holiday
and Sunday Work
27. Sick Leave
28. Personal/Carer's
Leave
29. Bereavement
Leave
30. Blood
Donors
31. Jury
Service
32. Accident
Pay
33. Annual
Leave
34. Long
Service Leave
35. Parental
Leave
36. Payment of
Wages
37. Record of
Time Book
38. Junior
Workers
39. Tools of
Trade
40. Protective
Clothing
41. Union
Business
42. Union
Officials
43. Shop
Stewards
44. Notice Boards
45. Waterproof
Garments
46. Redundancy
47. Enterprise
Agreement
48. Structural
Efficiency
49. Anti-Discrimination
50. Area,
Incidence and Duration
Appendix A ¾ Wage
Rates (Adults)
Table 1 - Wage Rates
Appendix B -
Allowances/Special Rates
Schedule A - Awards and
Variations Incorporated
Schedule B - Changes made on
Review
1. TITLE
This Award shall be known as the Rubber Workers (State)
Award.
2. DEFINITIONS
(a) Classifications
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(i) "Manufacturing/Production
Employee Level 1" means an employee undertaking up to 38 hours induction
training 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, equal employment opportunity and quality
control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of the employee's training.
(1) performs
routine duties associated with the relevant manufacturing process including
labouring and cleaning duties;
(2) exercises
minimal judgement;
(3) works under
direct supervision in the following functions:
house keeping duties;
assisting machine operators;
using selected hand tools;
maintaining simple records.
(4) Is undertaking
structured training so as to enable them to work at the MP-2 level.
Promotional Criteria - An employee remains at this
level until the employee has been assessed and appropriately certified to be
capable of performing effectively the tasks required by this function to enable
the employee to progress to the next function.
(ii) "Manufacturing/Production
Employee Level 2" means an employee who has completed up to three months
structured training so as to enable the employee to perform work within the
scope of this level.
An employee at this level performs work above and beyond the
skills of an employee at MP-1 level or has completed an ATS traineeship.
The employee:
(1) works under
direct supervision either individually or in a team environment;
(2) understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviation/faults.
Indicative of the tasks or skills which the employee may
perform or have at this level are the following:
repetitious work on automatic, semi automatic or single
purpose machines or equipment;
assembling components using basic written, spoken and/or
diagrammatic instructions in an assembly environment;
the ability to measure accurately using gauges and meters;
maintaining records;
operator fitting pneumatic tyres to rims and/or wheels;
performing basic test functions;
operating hand operated transport and lifting devices;
operating granulating or reclaiming or crumming or shredding
machines;
trimming/cutting/gluing/sealing/assembling or wrapping
finished goods;
operator fitting solid tyres to wheels;
operating slitting and/or setting machines;
operating machinery that requires basic setting up skills;
operating automatic and manual press machines; or
repairing airbags, belts and cables, fitting terminals to
cables.
Promotional Criteria - An employee remains at this level until
the employee has been assessed and appropriately certified to be capable of
performing effectively the tasks required by this function to enable the
employee to progress to the next level when a position becomes available.
(iii) "Manufacturing/Production
Employee Level 3" means an employee who performs work above and beyond the
skills of an employee at MP-2 level and to the extent of the employee's
training and appropriate certification for this level.
The employee:
(1) is responsible
for the quality of the employee's own work subject to routine supervision.
(2) works under
routine supervision either individually or in a team environment;
(3) exercises
discretion within the employee's level of skills and training.
Indicative of the tasks and skills which the employee may
perform or have are the following:
works flexibly between assembly/process stations;
operates machinery and equipment requiring the exercise of
skill, knowledge and discretion beyond that of an employee at level MP-2;
basic tracing and sketching skills;
receiving, dispatching, distributing, sorting, checking,
packing (other than repetitive packing in a standard container or containers in
which such goods are ordinarily sold), documenting and recording of goods,
materials and components;
basic inventory control in the context of a production
process;
basic keyboard skills;
operation of mobile equipment including for lifts, hand
trolleys, pallet trucks and overhead cranes;
ability to measure accurately using gauges and meters;
maintaining records;
setting or drawing kilns; or
setting up and operating mixing and milling machines.
Promotional criteria - An employee remains at this level until
the employee has been assessed and appropriately certified to be capable of
performing effectively the tasks required by this function to enable the
employee to progress to the next level when a position becomes available.
(iv) "Manufacturing/Production
Employee Level 4" means an employee who performs work above and beyond the
skills of an employee at MP-3 level and to the extent of the employee's
training and appropriate certification for this level.
The employee:
(1) works from
complex instructions and procedures and exercises discretion within the limits
of the employee's skills;
(2) assists with
the provision of on-the-job training to a limited degree;
(3) co-ordinates
work in a team environment or works individually under general supervision;
(4) is responsible
for assuring the quality of the work the employee performs.
Indicative of the tasks and skills which an employee at
this level may perform to have are the following:
the use of precision measuring instruments;
maintaining records;
machine setting, die setting, loading and operation;
inventory and store control including;
licensed operation of all appropriate materials handling
equipment;
use of tools and equipment within the scope of basic
non-trades maintenance;
computer operation at a level higher than that of an employee
at MP-3 level;
intermediate keyboard skills;
basic engineering and fault finding skills;
performs basic quality checks on the work of others;
be licensed and certified to drive forklifts and cranes at a
level higher than MP-3;
has a knowledge of the employer's operations relating to
production processes;
performs quality control inspections;
repairing and splicing belting on site;
operates machinery within a fibre optics plant; or
operates calender, multi-headed extruders, mixing and milling machines and
whose duties require significant setting up and operating skills.
Promotional criteria - An employee remains at this
level until the employee has been assessed and appropriately certified to be
capable of performing effectively the tasks required by this level to enable
the employee to progress to the next level when a position becomes available.
(v) "Manufacturing/Production
Employee Level 5" means an employee who performs work above and beyond the
skills of an employee at MP-4 level and to the extent of the employee's
training and appropriate certification for this level.
The employee:
(1) is able
to work from complex instructions and procedures;
(2) is able
to co-ordinate work in a team environment under general supervision;
(3) assist
in the provision of on-the-job training;
(4) is
responsible for checking the employee's own work;
(5) exercises
discretion within the scope of this level;
(6) exercises
keyboard skills at a level higher than MP-4;
(7) performs
work under general supervision either individually or in a team environment.
Indicative of the tasks and skills which an employee at
this level may perform or have are the following;
approves and passes first-off samples and maintains the
quality of the product;
works from production drawings, prints or plans;
uses precision measuring instruments;
complex machine and die setting, loading testing and
operation;
operates all lifting equipment;
operates sets up and adjusts all production machinery
in a plant including production process welding to the extent of the employee's
training;
inventory store control including;
licensing operation of all appropriate materials
handling equipment;
use of tools and equipment within the scope of basic
non-trades maintenance;
computer operation at a level higher than that of an
employee at MP-4;
has intermediate keyboard skills;
has basic engineering and fault finding skills;
is licensed and certified for driving fork lifts and
cranes at a level higher than MP-4;
has knowledge of the employer's operations relating to
production processes;
tyre building;
die setting;
operates a computerised drive line;
supervises, performs and implements quality control
functions;
supervises and performs operations on calender, mixing
and milling machines;
repairs and splices belts off site; or
maintains records.
Promotional criteria - An employee remains at this
level until the employee has been assessed and appropriately certified to be
capable of performing effectively the tasks required by this function to enable
the employee to progress to the next level when a position becomes available.
(vi) "Manufacturing/Production
Employee Level 6" means a production systems employee who works above and
beyond an employee at MP-5 level and to the level of the employee's straining
and who applies the skills acquired through the successful completion of a
certificate level or equivalent qualification in the production, distribution
or stores functions according to the needs of the enterprise.
The employee:
(1) understands
and applies quality control techniques;
(2) exercises
good interpersonal communication skills;
(3) exercises
discretion within the scope of this level;
(4) exercises
keyboard skills at a level higher than MP-5;
(5) performs
work under general supervision either individually or in a team environment.
Indicative of the tasks or skills which an employee at
this level may perform or have are the following:
approves or passes first-off samples and maintains the
quality of the product;
works from production drawings, prints and plans;
operates, sets up and adjusts all production machinery
in a plant including production process welding to the extent of the employee's
training;
can perform a range of engineering maintenance
functions;
can perform manufacturing operations at a level higher
than MP-5;
can operate all lifting equipment;
maintains records;
performs basic production scheduling and materials
handling within the scope of the production process or directly related
functions within raw materials/finished goods locations in conjunction with
technicians;
understands and applies computer techniques relating to
production process operations;
has a higher level of stores and inventory
responsibility beyond the requirements of an employee MP-5;
assists in the provision of on-the-job training in
conjunction with trades persons and trainers;
has a sound knowledge of the employer's operations
relating to the production process.
(vii) "Warehouse
Worker Level 1" means an employee who at this level performs duties to the
level of the employee's training, including appropriate certification.
The employee:
(1) is
responsible dor the quality of the employee's own work subject to routine
supervision;
(2) works
under routine supervision either individually or in a team environment;
(3) exercises
discretion within the level of the employee's level of skill and training.
Indicative of the tasks and skills which an employee at
this level may perform or have are the following;
basic VDU operation;
the ability to measure accurately using gauges and
meters;
maintains records;
allocates and retrieves goods from specific warehouse
areas;
checks periodically housekeeping and stock;
sorts and packages goods and materials in accordance
with operative procedures and regulations;
the preparation and receipt of appropriate
documentation, including liaison with employers.
Promotional criteria - An employee remains at this
level until the employee has been assessed or appropriately certified to be
capable of performing effectively the tasks required of this function to enable
the employee to progress to the next level when a position becomes available.
(viii) "Warehouse
Worker Level 2" means an employee who performs work above and beyond the
skills of a Warehouse Worker Level 1 and to the appropriate level of the
employee's training, including appropriate certification for this level.
The employee:
(1) works from
complex instructions and procedures and exercises discretion within the limits
of the employee's skills;
(2) co-ordinates
work in a team environment or works individually under general supervision;
(3) is responsible
for the quality of the employee's own work.
Indicative of the tasks and skills which an employee at this
level may perform or have are the following:
inventory and store control, including;
the licensed operation of all materials handling equipment;
the use of tools and equipment within the scope of basic
non-trades maintenance;
VDU operation at a level higher than that of a Warehouse
Worker Level 1;
the use of measuring equipment and scales.
Promotional criteria - An employee remains at this level until
the employee has been assessed or appropriately certified to be capable of
performing effectively the tasks required by this function to enable the
employee to progress to the next level when a position becomes available.
(ix) "Warehouse
Worker Level 3" means an employee who performs work above and beyond the
skills of a Warehouse Worker Level 2 to the extent of the employee's training
and appropriate certification for this level.
The employee:
(1) may
perform work requiring minimal supervision either individually or in a team
environment;
(2) is
responsible for checking the quality of the employee's own work;
(3) exercises
discretion within the scope of this grade;
(4) exercise
keyboard skills at a level higher than Warehouse Worker Level 2;
(5) performs
work under general supervision either individually or in a team environment;
(6) possesses
an advanced level of interpersonal and communication skills.
Indicative of the tasks or skills which an employee at
this level may perform or have are the following;
the operation of all materials handling equipment under
licence;
uses a VDU for purposes such as the maintenance of a deposit
storage system, information input/retrieval, etc.;
development and refinement of a store's layout, including
proper location of goods and their receipt and despatch.
Promotional criteria - An employee remains at this level until
the employee has been assessed or appropriately certified to be capable of
performing effectively the tasks required by this function to enable the
employee to progress to the next level when a position becomes available.
(x) "Warehouse
Administrative Officer" means an employee who works above and beyond the
skills of a Warehouse Worker Level 3 and to the level of the employee's
training applying the skills acquired through the successful completion of a
certificate level or equivalent qualification in the distribution or stores
function according to the needs of the enterprise.
The employee:
(1) implements
quality control techniques and procedures;
(2) possesses
a highly developed level of interpersonal communication skills;
(3) has the
ability to supervise and provide direction and guidance to other employees
including the ability to assist with on-the-job training and induction;
(4) exercises
keyboard skills at a level higher than that of a Warehouse Worker Level 3;
(5) performs
work under general supervision either individually or in a team environment;
(6) has a
sound knowledge of the employer's operations relating to the warehouse or a
large section of it.
Indicative of the tasks and skills which an employee at
this level may perform or have are the following:
liaison with management, suppliers and customers with
respect to stores operations;
detailing and co-ordinating the activities of other warehouse
workers;
maintaining control registers, including inventory
control and responsibility for the preparation and reconciliation of regular
reports or stock movement, despatch, etc.
(b) Hours of
Work -
(i) "Afternoon
Shift" means any shift finishing after 8.00 p.m. and at or before
midnight; provided that where an existing afternoon shift in an establishment
or a section of an establishment finishes at an earlier hour, the employer and
a majority of the employees in an establishment or a section of an
establishment may agree to change the arrangement.
(ii) "Continuous
Work" means work carried on with consecutive shifts of employees
throughout the 24 hours of each of at least five consecutive days without
interruption except during breakdowns or meal breaks or due to unavoidable
causes beyond the control of the employer; provided that in any factory or
department or section of a factory where only two shifts are worked in each 24
hours and a third shift is introduced, the employees in such department or
section shall not be regarded as continuous shift workers if the starting and
finishing times of one or more such shifts overlap and provided further that
such third shift does not continue for a period exceeding three continuous
weeks at any one period and does not exceed a total of twelve weeks in any one
year.
(iii) "Five-Day
Shift Work" means work carried on with consecutive shift throughout 24
hours of five days of the week between the hours of 11.00 p.m. Sunday and 8.00
a.m. Saturday without interruption except during breakdowns or meal periods or
unavoidable causes beyond the control of the employer.
(iv) "Night
Shift" means any shift finishing after midnight and at or before 8.00am;
provided that where an existing night shift in an establishment or a section of
an establishment commences or finishes at an earlier hour, the employer and the
majority of the employees in an establishment or a section of an establishment
may agree to change the arrangement.
(v) "Rostered
Shift" means a shift of which the employee concerned has had at least 48
hours notice.
(vi) "Seven-Day
Shift Work" means work carried on with consecutive shifts throughout the
24 hours of each of the seven days of the week without interruption except
during breakdowns or meal periods or unavoidable causes beyond the control of
the employer.
(c) Miscellaneous-
(i) "Acid
curing", "cold curing" or "vapour curing" shall
include only curing by bi-sulphide of carbon or di-sulphide of carbon or
benzine with chloride of sulphur or any other substance declared to be
offensive and/or injurious by the Rubber Workers (State) Industrial Committee.
(ii) "Adult"
as used in this award shall include junior workers receiving the adult wage in
accordance with subclause (c) of clause 38, Junior Workers.
(iii) "Casual
employee" means an employee engaged and paid as such.
(iv) "Confined
space" means a compartment the dimensions of which necessitate an employee
working in a stooped or otherwise cramped position or without proper
ventilation.
(v) "Union"
means the National Union of Workers, New South Wales Branch.
3. Interpretation
In this award, unless the contrary appears, words in the
singular number shall include the plural and words in the plural shall include
the singular.
4. Contract of
Employment
(a) To become
entitled to payment of a weekly wage, an employee must perform such work as the
employer shall from time to time require on the days and during the hours
usually worked by the class of employee affected and in accordance with the
terms of this award.
(i) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award; provided that such duties are not designed to promote
deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to paragraphs (i) and (ii) of this subclause
shall be consistent with the employer's responsibilities to provide a safe and
healthy working environment.
(b) An employee,
other than a casual, engaged for the first time shall, for the first three
weeks of such engagement, be employed from day to day at the weekly rate fixed
by this award.
(c) An employee
failing to attend for duty shall lose pay for the time of such non-attendance
except as provided for elsewhere in this award.
(d) Termination of
Employment -
(i) Notice of
Termination by Employer -
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
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Period of continuous Service
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Period of Notice
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1 year or less
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1 week
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Over 1 year and up to
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the completion of 3 years
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2 weeks
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Over 3 years and up to
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the completion of 5 years
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3 weeks
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Over 5 years
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4 weeks
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(2) In addition to
the notice appearing in subparagraph (1) of paragraph (i) of this subclause,
employees over 45 years of age at the time of the giving of the notice with not
less than two years continuous service, shall be entitled to an additional
week's notice.
(3) Payment in
lieu of the notice prescribed in subparagraphs (1) and/or (2) of this paragraph
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.
(4) For the
purposes of this subclause, notice given at or before the commencement of any
shift shall commence to run from the beginning of such shift and notice given
after the commencement of a shift shall not begin to run until the commencement
of the next succeeding shift.
(5) In calculating
any payment in lieu of notice the wages an employee would have received in
respect of the ordinary time he or she would have worked during the period of
notice had his or her employment not been terminated shall be used.
(6) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices, or employees engaged for
a specific period of time or for a specific task or tasks.
(7) For the
purposes of this clause, continuity of service shall be calculated in a manner
prescribed by subclause (d), Calculation of Continuous Service, of clause 33,
Annual Leave.
(ii) Notice of
Termination By Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, save and except
that there shall be no additional notice based on the age of the employee
concerned.
If an employee fails to give notice, the employer shall
have the right to withhold moneys due to the employee with a maximum amount
equal to the ordinary time rate of pay for the period of notice.
Provided that where an employee, employer and the Union
agree, the employee may be released prior to the expiry of the notice period
with payment of wages to the date of termination only.
(iii) Time Off
During Notice Period - When an
employer has given notice of termination to an employee, an employee shall be
allowed up to one day's time off without loss of pay for the purpose of seeking
other employment. The time off shall be
taken at times that are convenient to the employee after consultation with the
employer.
(iv) 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 his or her employment and the
classification of or the type of work performed by the employee.
(v) Summary
Dismissal - Notwithstanding the provisions of subparagraphs (1) and (4) of
paragraph (i) of this subclause the employer shall have the right to dismiss
any employee without notice for conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty and in such cases the
wages shall be paid up to the time of dismissal only.
(vi) Unfair
Dismissals - Termination of employment by an employer shall not be harsh,
unjust or unreasonable.
For the purposes of this clause, termination of
employment shall include terminations with or without notice.
Without limiting the above, except where a distinction,
exclusion or preference is based on the inherent requirements of a particular
position, termination on the grounds of race, colour, sex, marital status,
family responsibilities, pregnancy, religion, political opinion, national
extraction and social origin shall constitute a harsh, unjust or unreasonable
termination of employment.
(vii) Disputes
Settlement Procedures - Unfair Dismissals:
Subject to the provisions of the Industrial Relations Act 1996, any dispute or claim arising under
paragraph (vi) of this subclause should be dealt with in the following manner:
(1) As soon as is
practicable after the dispute or claim has arisen, the employee concerned will
take the matter up with his or her immediate supervisor affording him or her
the opportunity to remedy the cause of the dispute or claim.
(2) Where any such
attempt at settlement has failed, or where the dispute or claims are of such a
nature that a direct discussion between the employee and his or her immediate
supervisor would be inappropriate, the employee shall notify a duly authorised
representative of his or her Union who, if he or she considers that there is
some substance in the dispute or claim, shall forthwith take the matter up with
the employer or his or her representative.
(3) If the matter
is not settled it shall be submitted to the Industrial Relations Commission of
New South Wales which shall endeavour to resolve the issue between the parties
by conciliation.
(4) Without
prejudice to either party, work should continue in accordance with the award
while the matters in dispute are being dealt with in accordance with this
paragraph.
(e) A condition of
a weekly employee becoming entitled to wages shall be that, before the time of payment
of such wages, the employee shall not have committed a breach of this award by:
(i) After
receiving or giving the notice prescribed by this clause being absent from work
except for reasonable cause (proof of which shall lie upon him/her); or
(ii) leaving the
employment without giving notice as provided in paragraph (ii) of subclause (d)
of this clause.
Provided nevertheless that the employer shall pay wages
for the time worked (and any holiday or sick pay otherwise payable) less wages
calculated at the award rate for a day worker of such employee's
classification, as provided for in the said paragraph (ii).
(f) Casual
employees may be engaged at hourly rates provided such rates calculated from
hour to hour are twenty per cent higher than the rates prescribed for weekly
employees doing the same class of work.
(g) Notification
of Absence -
(i) Subject to
paragraph (ii) hereof an employee who is absent from work without the
employer's consent for a continuous period exceeding one working day shall on
the first day of the absence, if practicable, and in any event within 24 hours
of the commencement of such absence inform his/her employer of his/her
inability to attend for duty and, as far as practicable, state the reason for
the absence and the estimated duration thereof.
(ii) An employee
who satisfies the employer (or in the event of dispute, a Board of Reference)
that his/her failure to give the required particulars of an absence was
reasonable in the circumstances shall not be in breach of this subclause.
(h) Abandonment of
Employment -
(i) The absence
of an employee from work for a continuous period exceeding three working days
without the consent of the employer and without notification to the employer in
accordance with subclause (g) hereof shall be prima facie evidence that the
employee has abandoned his or her employment.
(ii) If within a
period of fourteen days from his/her last attendance at work or the date of
his/her last absence in respect of which notification has been given or consent
has been granted, an employee has not established to the satisfaction of
his/her employer that he or she was absent for reasonable cause, he or she
shall be deemed to have abandoned his/her employment.
5. Stand Down
Provisions
Notwithstanding anything elsewhere contained in this award
the employer shall have the right to deduct payment for any day an employee
cannot be usefully employed because of any strike or any breakdown in machinery
or any stoppage of work through any cause for which the employer cannot
reasonably be held responsible, but subject to the following conditions:
(a) When the
employer proposes to exercise the right conferred by this subclause, he/she
shall notify the employee. During the
period such notification remains in force the employee shall be deemed to be
stood down for the purpose of this clause.
(b) Any employee
who is stood down under this clause shall be treated for all purposes (other
than payment of wages) as having continuity of service and employment
notwithstanding such standing down.
(c) Any employee
who is stood down under this subclause may at any time during the period he/she
is stood down terminate his/her employment without notice and shall be entitled
to receive as soon as practicable all wages and other payments to which he/she
is entitled up to the time of termination.
(d) Any employee
whose employment is terminated under subclause (c) hereof shall for all
purposes (other than payment in lieu of notice) be treated as if his/her
employment had been terminated by the employer without default of the employee.
(e) Any employee
who is stood down under this subclause shall be at liberty to take other
employment, and in the event of his/her so doing, it shall be reasonable excuse
for not reporting for duty after being notified that he/she is required to
attend for work with the company that he/she is working out a period of notice
not exceeding two weeks which he or she is required to give in such other
employment.
(f) Any employee
whom the employer proposes to stand down under this clause shall be entitled to
elect to take any annual leave to which he or she is entitled or which is
accruing to him or her.
(g) Notwithstanding
anything hereinbefore contained, the employer shall not be entitled to deduct
payment for any day prescribed by the award as a public holiday which occurs
during the period in which any employee is stood down except to the extent that
an employee has become entitled to payment for the holiday in other
employment. An employee claiming
payment for a holiday shall, if required by the company, furnish a statutory
declaration setting out details of any other employment during this period and
of the remuneration received therein.
6. Part-Time
Employment
An employer, in addition to employing full-time employees,
may employ part-time employees upon the following terms:
(a) Part-time
employment, for the purposes of this clause, shall be employment for less than
38 hours per week but not less than 15 hours per week on a regular and
continuous basis; provided that hours of part-time work between 30 and 38 shall
be subject to agreement between the employee and the employer.
(b) Part-time
employees shall be rostered to work regular hours on regular days in accordance
with the award provisions for weekly employees. The roster shall be established with the agreement of the
employee(s) concerned. Changes to the
roster shall only be made following consultation with, and the agreement of,
the employee(s) concerned.
(c) Such employee
for working ordinary time shall be paid per hour one thirty-eighth of the
weekly rate prescribed by this award for work which an employee performs, and
in addition shall be entitled to a pro rata basis in shift premiums, where
applicable.
(d) An employee
engaged on a part-time basis shall be entitled to payments in respect of annual
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 subclause (a) of this clause.
(e) A part-time
employee who works outside the hours fixed pursuant to this clause, shall be
paid overtime in accordance with clause 24, Overtime.
(f) Part-time
employees shall be entitled to equal access to all training and promotional
opportunities.
(g) Part-time
employees shall not be subject to any form of discrimination in the case of
redundancies.
(h) A full-time
employee who wishes to:
(A) Convert to
part-time employment shall be permitted to do so, if the employer agrees and
subject to the conditions set out in this clause. If such an employee transfers from full-time to part-time
employment all accrued award, overaward and statutory rights shall be
maintained and employment shall be deemed to be continuous provided that no
break in service occurs. Following
transfer to part-time employment accrual of the aforesaid rights shall occur in
accordance with subclause (d) of this clause and relevant legislation
applicable to the employee.
(B) A full-time
employee who requests part-time work and is given such work may revert to
full-time employment by agreement with the employer at a specified date
recorded in writing.
(C) No existing
full-time employee shall be transferred to part-time employment without the
written consent of the employee nor shall an employer terminate a full-time
employee with the intention of re-engaging that employee as a part-time
employee.
7. Grievance and
Disputes Procedure
The following procedures shall be observed for handling
grievances and settling of disputes.
These procedures will not restrict an employer or a duly authorised
official of an employers' organisation or a duly authorised official of the
Union making representations to each other.
(a) The Union and
the employer shall notify to each other in writing the names and/or titles of
duly accredited job representatives.
The accredited Union job representative will be the only person entitled
to make representations on behalf of members of his/her Union employed by the
employer and the nominated employer's representative will be responsible for
dealing with matters raised by the Union job representative.
(b) The accredited
Union job representative and employer representative shall make themselves
available for consultation as required under the procedures.
(c) In the first
instance, the accredited Union job representative shall discuss matters
affecting the employees he/she represents with the foreman or supervisor of
those employees. Alternatively, an
individual employee may approach his/her immediate foreman or supervisor for
the purpose of resolving his/her grievance.
(d) If the matter
is not resolved at this level, the accredited Union job representative should
ask for it to be referred to the employer's representative nominated under
paragraph (a) above, and the foreman or supervisor shall do so. The employer's representative shall arrange
a conference to discuss the matter within 24 hours or such other period as is
agreed with the accredited Union job representative.
(e) If the matter
is not resolved at the conference convened under paragraph (d) above, the
accredited Union job representative shall advise the appropriate local official
of the Union of the matter in issue. A
conference on the matter will then be arranged, to be attended by such official
or officials and the Union job representative concerned as the Union may
decide, and by the designated employer's representative and such other
representatives of the employer including his/her association as the employer
may decide.
(f) If the matter
has not been resolved when the procedures referred to above have been availed
of, the employer and the Union should enter into consultation about it at a
higher level, on the employer and the Union sides, as the parties consider
appropriate.
(g) At any stage
in the procedures after consultation between the parties has taken place in
accordance with the procedures, either party may ask for and be entitled to
receive a response to his/her representations within a reasonable time. If there is undue delay on the part of the
other party in responding to representations, the party complaining of delay
may, after giving notice of his/her intention to do so, take the matter to a
higher level in the procedures on his/her side.
(h) Without
prejudice to either party, and except where a bona fide safety issue is
involved, work shall continue in accordance with the award while matters in
dispute between them are being negotiated in good faith. A bona fide Safety Authority must be
notified concurrently or at least a bona fide attempt made to notify that
authority.
(i) At any stage
of the procedures, the parties may seek the assistance of the Industrial
Relations Commission of New South Wales.
(j) In the event
of a party failing to observe these procedures, the other party may take such
steps as are open to him/her to resolve the matter.
8. Wages
(a) An adult
employee shall be paid not less than the minimum award wage rate set out in
Appendix A to this award for his or her classification.
(b) Leading Hands
- Employees appointed by the employer to supervise the work of employees shall
be paid at the rates set out hereunder in addition to the rate fixed for the
class of work performed by them:
(i) In charge of
not less than 3 nor more than 10 employees - at the rate set out at Item 1 of
Appendix per week for all purposes.
(ii) In charge of
more than 10 and not more than 20 employees - at the rate set out at Item 2 of
Appendix B per week for all purposes.
(iii) In charge of
more than 20 employees - at the rate set out at Item 3 of Appendix B per week
for all purposes.
Provided, however, that an employee shall not be entitled to
the payments herein fixed by reason only of the fact that they are performing
work coming under any of the classifications set out in the classifications
index in the schedule to this award.
9. Arbitrated Safety
Net Adjustments
(a) The rates of
pay in this award include the first, second and third arbitrated safety net
adjustments ($8.00 per week each 21st February 1994, 12th April 1995 and 17th
March 1998) payable under the State Wage Case - December 1994 Decision. All the above safety net adjustments may be
offset to the extent of any wage increase received at the enterprise level since
29 May 1991. Increases made under
previous State Wage Case principles or under the current principles, excepting
those resulting at the enterprise level, are not to be used to offset
arbitrated safety net adjustments.
(b) 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:
(i) any
equivalent overaward payments; and/or
(ii) award wage
increases since 29 May 1991 other than Safety Net, State Wage Case, and Minimum
Rates Adjustments.
10. Delineation of
Warehousing and Manufacturing / Production Streams
For the purpose of this clause:
(i) An employee
shall fall within either the warehousing or production/manufacturing streams by
reference to the principal nature of the function performed. An employee performing stores related duties
in or incidental to the manufacturing/production functions shall fall within
that stream. An employee principally
performing stores related duties in or incidental to the warehouse shall fall
within that stream.
(ii) A warehouse
is defined as a place where:
(1) goods are
received from a source;
(2) goods are
stored until required;
(3) goods are
picked when required;
(4) goods are
despatched to the user.
11. Superannuation
(i) Definitions -
For The Purposes of this clause:
(a) "Act"
and "Regulations" means the Occupational
Superannuation Standards Act 1987 (C'th) and regulations pertaining
thereto, and as amended from time to time.
(b) "Employee"
means any person covered by Clause 51 - Area, Incidence and Duration.
(c) "Employer"
means any employer of an employee as defined.
(d) "Ordinary-time
Earnings" means an employee's award classification rate (including
supplementary payment where applicable), any overaward payment, leading hand
allowance and shift loading, including weekend and public holiday rates where
shift work is part of the employee's ordinary hours of work. All other allowances and payments are
excluded.
(e) "Superannuation
fund" shall mean either Labour Union Co-operative Retirement Fund or
Australian Retirement Fund.
(f) An
"Exempt Fund" shall mean:
(1) any fund
specified by an award or registered industrial agreement whether made under the
terms of the Industrial Relations Act
1996 or any of its predecessor Acts or the Workplace
Relations Act 1996 (C'th) which has application to the employees in the
principal business of the employer where employees covered by this award are
the minority of award covered employees; or
(2) any approved
fund nominated by the union to which the employer elects to pay;
(3) any approved
fund agreed between an employer and the employees and the union;
(4) any other
superannuation fund for which an employer at 3 May 1990 or at the date of
employing persons covered by the said clause 47, is already making contributions
which satisfy the contribution requirements of this clause.
(g) An
"Appropriate Fund" shall mean either a superannuation fund or an
exempt fund.
(h) "Union"
shall mean the National Union of Workers, New South Wales Branch.
(ii) Eligibility
of Employees -
(a) An employee
shall become entitled to superannuation contributions as set out in subclause
(iii) of this clause who:
(1) is a weekly
employee with not less than 4 weeks' continuous service with the employer; or
(2) is a casual
employee who has:
(A) started with
the employer on thirty days in a period no greater than one year, provided such
period commenced not earlier than one year preceding the operation of this
award; and
(B) worked an
average, in the case of junior employees, of at least twelve hours per week and
in the case of adult employees at least six hours per week with the employer
during the one month immediately preceding any day the employer would (but for
this definition) be required to make the superannuation contributions to make
contributions prescribed by subclause (iii) of this clause.
(iii) Contributions
-
(a) Subject to
subclauses (ii), (iv), (v) and (vi) of this clause, an employer shall
contribute to the superannuation fund chosen by the employee a superannuation
contribution equivalent to three per cent of such employee's ordinary-time
earnings. Such contributions shall
commence from 3 May 1990; provided that such contributions shall be made upon
the completion of the qualifying period specified in subclause (ii) of this
clause; provided further that such eligible employees be given death and
disability cover in accordance with the superannuation fund (at a cost not
exceeding two dollars per week) to provide cover to such employees during the
first six weeks' employment.
(b) Contributions
required by this subclause will be made to the superannuation fund in the
manner and at the times specified by the terms of the fund or in accordance
with any agreement between the employer and the trustees of the fund.
(c) An employee,
entitled to choose the superannuation fund to receive the employer
contributions pursuant to subclause (iii) of this clause, may review the choice
of fund annually or after the employee's anniversary date, subject to the trust
deed and rules of the superannuation fund.
(d) Following the
conclusion or appropriate fund determination prescribed by subclause (iv) of
this clause, the employer shall make contributions in accordance with this
subclause on behalf of each eligible employee who has completed the qualifying
period prescribed by subclause (ii) of this clause and who has completed the
necessary application form to join the appropriate fund.
(e) Where an
employee is not a member of an appropriate fund eligible to join such a fund,
the employer shall remind the employee, in writing, within a period of a
further six months from the date the employee became eligible for
superannuation.
(iv) Fund
Determination - An employer proposing not to make contributions in accordance
with subclause (iii) of this clause, and who is seeking the determination of an
appropriate fund or funds with respect to a particular plant or with respect to
the employer's entire enterprise, shall apply the following consultative
procedure:
(a) The employer
shall write to the Secretary of the union and to the appropriate fund
manager(s) outlining the employer's intention to consider in consultation with
the employees the option of an appropriate fund or funds for the entire site or
enterprise.
(b) The employer
shall provide each appropriate fund manager with information relevant to the
circumstances of the employer, the site or the enterprise and the employees and
seek written advice from any such fund manager(s) concerning the benefits to
the employees of the fund so managed.
(c) Each fund
manager contacted in accordance with paragraph (b) of this subclause shall be
given fourteen days in which to respond.
(d) The employer
shall, after the receipt of responses from the fund manager(s) or fourteen
days, whichever is the earlier, provide all employees or their duly appointed
representative(s) with a copy of each response received. In addition the employer shall advise,
having given at least seven days' notice, that a meeting will be convened to determine
which available fund(s) is most suitable to meet the needs of the employees.
The employer shall also advise the employees that they may contact the union or
any appropriate fund offices in advance of the meeting to make or pursue any
enquiries relating to the services of that fund or their award
entitlements. Further, employees are to
be advised by the employer that the determination of the sole fund need not
necessarily be the outcome of the meeting and that individual employee choice
of funds may be an outcome.
(e) At the meeting
held in accordance with paragraph (d) of this subclause the employer and the
employees or their duly accredited representatives(s) shall endeavour to assess
the alternatives and nominate the preferred fund(s) as a result of any such
assessment.
Where more than one fund is assessed as appropriate the
agreement shall stipulate how the eligibility of each employee to membership of
the fund or choice of fund is to be determined.
(f) Where
agreement is not reached at the plant or enterprise, as the case may be, the
employer shall notify the Secretary of the union of the proposal and the
parties shall, as far as practicable and without delay, deal with the matter in
accordance with clause 7, Grievance and Disputes Procedure.
(v) Exempt Fund
Employers -
(a) An employer
making contributions to an exempt fund, as defined in paragraph (f) of
subclause (i) of this clause, shall notify the Rubber Workers (State)
Industrial Committee within six months of the date of this variation. A register of exempt fund employers shall be
maintained by the Industrial Registrar and be available for inspection by any
employee covered by this award or any employer employing persons covered by the
said clause 50 or any industrial union of employers having members who employ
persons covered by clause 50, Area, Incidence and Duration.
(b) The union or
any industrial union of employers having members who employ labour covered by
the said Clause 51 may challenge the suitability of any exempt fund, as defined
in paragraph (f) of subclause (i) of this clause, before the Rubber Workers'
(State) Industrial Committee or the Industrial Commission of New South Wales
within six months from the date of the operation of the said exempt fund.
(c)
(1) This variation
shall not apply to any employer who at 3 May 1990 or when first employing
persons covered by the said Clause 51, is already satisfying and continuing to
satisfy the requirements of paragraph (a) of subclause (ii) of this clause.
(2) Leave is
reserved to any employer to apply for exemption from this variation on the
grounds that the standard of existing superannuation arrangements provided by
the employer at the date of this variation or upon the financial capacity of
that employer to pay.
(3) In
circumstances where the union is concerned about a fund utilised in accordance
with subparagraph (1) of this paragraph, a union may challenge before the
Rubber Workers (State) Industrial Committee or the Industrial Commission of New
South Wales the suitability of any such fund within six months from 3 May 1990.
(vi) Absence from
Work - Subject to the trust deed of the fund of which the employee is a member,
absences from work shall be treated in the following manner:
(a) Paid
Leave: Contributions shall continue
while a member of the fund is absent on paid leave such as annual leave, long
service leave, public holidays, jury service, sick leave or bereavement leave.
(b) Unpaid
Leave: Contributions shall not be
required to be made for any period the employee is absent from work without
pay.
(c) When an
employee is in receipt of accident pay in accordance with clause 32, Accident
Pay, contributions shall continue.
(vii) Coercion or
Intimidation -
(a) No employer or
employee shall be coerced or intimidated into joining a particular fund by any
part to this award.
(b) A party
alleging a breach of paragraph (a) of this subclause may apply to the Rubber
Workers' (State) Industrial Committee or the Industrial Relations Commission of
New South Wales to determine which fund the employee should join.
(NOTATION: Employees
covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act 1992
(Cth.) and the Superannuation Guarantee
(Administration) Act 1992 (Cth.) and complimentary legislation. Nothing in this notation, however, shall be
used to reduce any benefits enjoyed by employees as at the date of making this
award.)
12. Training
(a) The parties to
this award recognise that in order to increase the efficiency, productivity and
international competitiveness of industry, a greater commitment to training and
skill development is required. Accordingly
the parties commit themselves to:
(i) developing a
more highly skilled and flexible workforce;
(ii) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(iii) removing
barriers to the utilisation of skills acquired.
(b) Following
proper consultation or through the establishment of a training committee, an
employer shall develop a training programme consistent with:
(i) the current
and future needs of the enterprise;
(ii) the size,
structure and nature of the operations of the enterprise;
(iii) the need to
develop vocational skills relevant to the enterprise and the rubber, plastic
and cablemaking industry through courses conducted by accredited educational
institutions and providers.
(c) Where it is
agreed that a training committee be established that training committee should
be constituted by equal numbers of employer and employee representatives and
have a charter which clearly states its role and responsibilities, for example:
- formulation
of a training programme and availability of training courses and career
opportunities for employees;
- dissemination
of information on the training programme and availability of training courses
and career opportunities to employees;
- recommending
individual employees for training and reclassification;
- monitoring
the on-going effectiveness of the training programmes and advising management
and employees of its findings.
(d)
(i) Where its is
agreed that additional training in accordance with the programme developed in
accordance with subclause (b) of this clause shall be undertaken by an
employee, that training may be undertaken either on or off the job; provided
that if the training is undertaken during ordinary working hours the employee
shall not suffer any loss of pay. The
employer shall not unreasonably withhold such paid training leave.
(ii) Any costs
associated with standard fees for prescribed courses and prescribed textbooks)
including 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 reports of satisfactory progress.
(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.
(e) Subclauses
(b), (c) and (d) of this clause are interim provisions to be reviewed as part
of the on-going process of award restructuring and any variation to the Rubber,
Plastic and Cable Making Industry (General) Award, 1996, an award of the
Australian Industrial Relations Commission.
Meanwhile, the parties shall monitor the effectiveness of these
provisions in attaining the objectives outlined in subclause (a) of this
clause. The union reserves the right to
apply for the mandatory prescription of a minimum number of training hours per
hour to be available to an employee without loss of pay when that employee is undertaking
training to meet the needs of the employer's enterprise and/or the rubber,
plastic and cable making industry.
(f) Any dispute
arising in relation to subclauses (b) and/or (c) of this clause shall be dealt
with in accordance with clause 7, Grievance and Disputes Procedures.
13. Junior Rates
(a) The minimum
rates of wages to be paid to junior shall be calculated at the respective
percentages of the appropriate wage for the classification for the area in
which they are working as provided in the table contained in Appendix A, Wage
Rates, as are set out hereunder:
|
|
Percentage
|
|
|
per week
|
|
|
|
|
At 16 years of age and under
|
47.5
|
|
At 17 years of age
|
57.5
|
|
At 18 years of age
|
67.5
|
|
At 19 years of age
|
82.5
|
|
At 20 years of age
|
100.00
|
(b) Adjustments in
accordance with this clause shall be calculated in multiples of 5 cents,
amounts of 2 cents or less being taken to the lower multiple and amounts in
excess of 2 cents being taken to the higher multiple.
14. Special Rates
(a) Any junior
employed in any way in the making, finishing or packing of preventatives,
pessaries, or sheaths shall receive the rate of wage provided for an adult
operator engaged in the individual making of surgical goods.
(b)
(i) Storemen and
packers handling carbon black in a bulk store, employees handling carbon black
elsewhere before processing, and employees engaged in processing free carbon
black shall be paid the sum in Item 4 of Appendix B, to this Award per hour in
addition to the rate herein fixed for the class of work performed.
(ii) Where
cleaners are employed sweeping free carbon black or employees are engaged in
baling used carbon black bags they shall be paid the allowance abovementioned.
(c) Employees
required to install or repair any type of belting underground in mines shall be
paid the sum in Item 5 of Appendix B, to this Award per hour in addition to the
rate herein fixed for the class of work performed.
(d) Employees
whilst required to work in a "confined space" as defined shall be
paid the sum in Item 6 of Appendix B, to this Award per hour in addition to the
rate herein fixed for the class of work performed.
(e) Employees
required to work for more than one hour in the shade in places where the
temperature is raised by artificial means to between 115 and 130 degrees
Fahrenheit (46.1 and 54.4 degrees Celsius) shall be paid the sum in Item 8 of
Appendix B, to this Award per hour extra and in places where the temperature
exceeds 130 degrees Fahrenheit (54.4 degrees Celsius) the sum in Item 8 in
Appendix B, to this Award per hour extra.
When the extra rate is claimed by an employee, the foreperson shall take
the temperature at the place where the employee is required to work.
(f) Employees
engaged in processing free coal dust shall be paid the sum of in Item 9 in
Appendix B to this Award per hour in addition to the rate herein fixed for the
class of work performed.
Special Rates Not Cumulative -
(g) Where more
than one of the disabilities entitling an employee to extra rates as prescribed
in subclauses (b) to (i), inclusive, of this clause exist on the same job the
employer shall be bound to pay only one rate, namely, the highest for the
disabilities so prevailing. Provided
that this subclause shall not apply to confined spaces, height money, hot
places, or wet places the rates for which are cumulative.
(h) The special
rates herein prescribed shall be paid irrespective of the times at which the
work is performed and shall not (except in respect of work performed under
subclause (a) of this clause) be subject to any premium or penalty additions.
15. First-Aid
Attendant
(a) Each employer
respondent to this award shall endeavour to appoint at least one person trained
to render first-aid to be in charge of first-aid on each day or shift.
(b) Where the
person appointed in accordance with subclause (a) of this clause is employed
under the terms of this award the employer shall pay that person an allowance
per week, as set out at Item 10 of Appendix B, to this Award.
Provided that an employee appointed to act as first-aid
attendant on a relief basis, to cover an absence of one day or more, shall be paid
the allowance on a daily basis whilst so acting.
(c) An employer in
the State or Territory in which the factory is situated shall be bound by the
requirements of State legislation concerning the provisions of a first-aid
outfit and such legislation shall be deemed to be part of this award for the
purposes of this clause.
(d) Any dispute
which may arise from the application of subclause (a) of this clause may be
referred to the Rubber Workers (State) Industrial Committee or the Industrial
Relations Commission of New South Wales.
16. Shift Rates
(a) Employees
engaged on continuous work shifts, as defined in clause 2, Definitions, shall
in addition to their ordinary rate, be paid per shift an amount equal to 15 per
cent of one-fifth of the weekly wage for MP-3 in Appendix A, Wage Rates -
Adults, when working on afternoon or night shifts.
(b) Employees, not
engaged on continuous work shifts, working on afternoon or night shift, as
defined in the said clause 2, shall in addition to their ordinary rate be paid
per shift an amount equal to 15 per cent of one-fifth of the weekly wage for
MP-3.
(c) The additional
shift rates fixed in subclauses (a) and (b) of this clause shall be calculated
to the nearest cent with any fraction of a cent in the result less than half a
cent being disregarded.
(d) Employees
working shifts shall, for work performed between midnight on Friday and the
ordinary ceasing time on Saturday, be paid at the minimum rate of time and
one-half.
(e) An employee
who is required to work -
(i) during a
period of engagement on shift, on night shift only; or
(ii) on night
shift for a longer period than four consecutive weeks; or
(iii) on a night
shift which does not rotate or alternate with another shift or with day work so
as to give him/her at least one-third of his/her time off night shift in each
three shift cycle, shall, during such engagement period or cycle, be paid at
the rate of 30 per cent additional to his/her ordinary rate for all time worked
during ordinary working hours.
17. Mixed Functions
(a) Any employee
engaged in any one day or shift during ordinary working hours for more than two
hours at work in a higher class than that which he/she is employed to perform
shall be paid for the full day or shift at the highest rates payable for any
such work under this award; but if he/she is so engaged for two hours or less
he/she shall only be paid at the rates fixed by this award for the work he/she
actually performs.
(b) Any employee
who is transferred to a lower grade of work than that upon which he/she is
usually employed shall be paid at the higher wage for the remainder of the day
or shift on which such transfer takes place and from the commencement of the
next working day or shift he/she shall be paid at the appropriate wage for the
class of work performed.
18. Hours of Duty
(a) The ordinary
hours of work, subject to the exceptions hereinafter provided, shall be an
average of 38 per week to be worked on one of the following bases:
(i) 38 hours
within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours
within a work cycle not exceeding fourteen consecutive days; or
(iii) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours
within a work cycle not exceeding 28 consecutive days.
(b) The ordinary
hours of work prescribed herein may be worked on any day or all of the days of
the week, Monday to Friday.
(c) The ordinary
hours of work prescribed herein shall be worked continuously, except for meal
breaks, at the discretion of the employer between 6.00 a.m. and 8.00 p.m. Provided that the spread of hours may be
altered by mutual agreement between the employer and the majority of employees
in the plant or section or sections concerned:
Provided further that work done prior to the spread of hours fixed in
accordance with this subclause for which overtime rates are payable shall be
deemed for the purposes of this subclause to be part of the ordinary hours of
work.
(d) The ordinary
hours of work prescribed herein shall not exceed ten hours on any day. Provided that in any arrangement of ordinary
working hours where the ordinary working hours are to exceed eight on any day,
the arrangement of hours shall be subject to the agreement of the employer and
the majority of employees in the plant or section or sections concerned and the
Union.
(e) After the
first three weeks of employment, the ordinary starting or finishing time of an
employee shall not be changed during the currency of the working week unless
overtime is paid; provided however that the starting or finishing time may be
changed without payment of overtime in the case of sickness or accident or
breakdown of plant or equipment.
(f) Shift Workers
- An employer may work a seven-day shift operation in an establishment or a
section of an establishment provided that in changing to such an operation, the
employer, the majority of employees in the establishment or section and the
Union agree to such change. Provided
further where a minority of employees do not wish to work a seven-day shift
operation, they may be transferred to alternative work without prejudice to
their existing classifications.
Any disagreement over a proposed transfer shall be
dealt with in accordance with clause 7, Grievance and Disputes Procedure.
(g) The ordinary
hours of 5-day or 7-day shift workers shall average 38 per week inclusive of
crib time and shall not exceed 152 hours in 28 consecutive days or a longer
cycle if necessary; provided that, where the employer and the majority of
employees 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 shift workers
shall work at such times as the employer may require. A shift shall consist of not more than 12 hours inclusive of crib
time provided that:
(i) in any
arrangement of working hours where the ordinary working hours are to exceed 8
on any shift, the arrangement of hours shall be subject to the agreement of the
employer, the majority of employees and the Union;
(ii) enterprises
with operations currently providing for 12-hour shifts shall not vary the
existing manner in which work is performed and paid unless agreed between the
employer, the employees and the Union;
(iii) the
introduction of 12-hour shifts for all employees employed at work sites not
subject to paragraph (ii) of this proviso shall be in accordance with clause
47, Enterprise Agreements, of this award;
(iv) except at the
regular changeover of shifts, an employee shall not be required to work more
than one shift in each 24 hours;
(v) 20 minutes
shall be allowed to shift workers each shift for crib which shall be counted as
time worked;
(vi) 12-Hour Shifts
shall be subject to:
- employer and
employees being guided by occupational health and safety provisions and the
A.C.T.U. Code of Conduct on 12-hour shifts;
- the
introduction of proper health and monitoring procedures;
- suitable
rosters being available.
(vii) In accordance
with the said clause 47, any employer seeking to vary a pre-existing method of
working hours by the introduction of 12-hour shifts shall provide the employees
concerned with information regarding the impact that the proposed rostering
will have upon the employees' remuneration.
(h) Non-Continuous
Shifts - The ordinary hours of work shall be an average of 38 hours per week to
be worked on one of the following bases:
(i) 38 hours
within a period not exceeding seven consecutive days; or
(ii) 76 hours
within a period not exceeding fourteen consecutive days; or
(iii) 114 hours
within a period not exceeding twenty-one consecutive days; or
(iv) 152 hours
within a period not exceeding twenty-eight 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 five and
one-half 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 twenty-four hours. Provided that the ordinary hours of work
prescribed herein shall not exceed 10 hours on any day. Provided further that in any arrangement of
ordinary working hours where the ordinary working hours are to exceed 8 on any
day, the arrangement of hours shall be subject to the agreement of the employer
and the majority of employees concerned and the Union.
(i) Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
(j) Variations by
Agreement - Subject to subclauses (g) and (h) of this clause the method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the Union to suit the circumstances of the
establishment.
The time of commencing and finishing shift, 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 the matter shall be dealt with in accordance
with Clause 7, Grievance and Disputes Procedure of this award.
(k) Rostered
shifts for shift workers shall not be changed during the currency of a working
week unless overtime is paid, provided however that rostered shifts may be
changed without payment of overtime in the case of sickness or accident or
breakdown of plant or equipment.
19. Maximum Number of
Hours
(a) No employee
shall be required to work in the factory, workshop or repair shop for more than
12 hours in any one day or shift, except in the case of a breakdown in
machinery or to ensure a continuance of operations.
(b) An employee
having completed his/her shift or day's work or additional hours work, shall
not be called upon for duty until after a lapse of at least ten hours in the
case of day workers and eight hours in the case of shift workers.
20. Rest Time
A rest period of 10 minutes shall be allowed to all
employees in the first half of each day or shift at a time fixed by the
employer; provided that the time of taking the rest period may vary, at the
option of the employer, as between employees; and provided further that
employees shall not leave the department or section in which they are employed
without the consent of the employer.
21. Washing Time
Persons employed in carbon black operations who are entitled
to the special rate prescribed in subclause (c) of clause 14, Special Rates,
shall be allowed fifteen minutes washing time at the end of each shift.
22. Travelling Time
Allowance and Board
(a) Where an
employee goes direct to a job away from his/her usual place of employment, all
travelling time reasonably spent in excess of the time usually taken in
travelling to and from his/her home to his/her usual place of employment shall
be paid for at ordinary rates on all metropolitan and suburban work.
(b) On country and
interstate work, travelling time outside ordinary working hours shall be paid
for at ordinary rates with a maximum of 8 hours out of any period of 24
consecutive hours commencing at 8.00 a.m. on any day.
(c) Travelling
time on Sunday and holidays shall be paid for at time and a half.
(d) All fares,
board and lodging and reasonable travelling expenses incurred whilst travelling
shall be paid on all metropolitan and suburban work.
(e) If so
directed, employees shall present themselves for work on outside jobs at the
usual starting time and shall work up to the usual ceasing time.
23. Motor Vehicle
Allowance
An employee who by agreement with his/her employer uses
his/her own motor vehicle on the employer's business shall be paid an allowance
per kilometre as set out in Item 11 of Appendix B, to this Award.
24. Overtime
(a) Except as
hereinafter provided all time worked before or after the employee's starting or
finishing times shall be paid for at the rate of time and one-half for the
first three hours and double time thereafter.
(b) An employee
shall have completed his/her normal number of daily hours before overtime
payment commences for such day, except where failure to do so is due to causes
outside the employee's control or where time off has been with the employer's
consent.
(c) Requirement to
work reasonable overtime -
(i) An employer
may require any employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with such requirement.
(ii) They shall
not in any way, whether directly or indirectly be a party to or concerned in
any ban, limitation or restriction upon the working of overtime in accordance
with the requirements of this subclause.
(d) An employee
required to work on a Saturday, Sunday or award holiday shall be provided with
three hours' work or paid for three hours at the appropriate rate: Provided that this subclause shall not apply
where the work is continuous with work commencing on the previous day or
extending into the following day.
(e) Unless the
period of overtime is less than one and one-half hours an employee before
starting overtime after working ordinary hours shall be allowed a meal break of
20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this
provision to meet the circumstances of the work in hand; provided that the
employer shall not be required to make any payment in respect of any time
allowed in excess of 20 minutes.
Transport of Employee -
(f) When an
employee, after working overtime or a shift for which he/she has not been
regularly rostered finishes work at a time when reasonable means of transport
are not available, the employer shall provide him/her with a conveyance to
his/her home, or pay him/her his/her ordinary wage for the time reasonably
occupied in reaching his/her home.
(g) Overtime will
not be payable in the case of a change of shifts arranged between employees
themselves. Such arrangements shall
have the approval of the employer and such approval shall not be withheld
without good reason.
25. Meals
(a) An employee
required to work overtime for more than two hours without being notified on the
previous day or earlier that he/she will be so required to work shall either be
supplied with a meal by the employer or be paid the sum as set out at Item 12
of Appendix B to this Award for the first meal and the same amount for the
second meal for meal money: Provided
that such payment need not be made to an employee on afternoon or night shift
working more than two hours overtime before his/her ordinary starting time
where such employee has received notification from the employer at least three
hours prior to the commencement of the overtime on the same day; provided further that if an employee
pursuant to notice in that regard has provided himself/herself with a meal and
is not required to work overtime, he/she shall be paid meal money for the meals
so provided: Provided that this payment
need not be made if the employee concerned could not work overtime on account
of a strike by the Union or any other Union or through any breakdown of
machinery, or any stoppage of work brought about by any cause whatsoever which
the employer could not reasonably prevent.
Provided that such payment need not be made to an
employee on afternoon or night shift working more than two hours' overtime
before his/her ordinary starting time where such employee has received
notification from the employer at least three hours prior to the commencement
of the overtime on the same day.
Further provided that if an employee pursuant to notice
in that regard has provided himself/herself with a meal and is not required to
work overtime, he/she shall be paid meal money for the meals so provided; provided that this payment need not be made
if the employee concerned could not work overtime on account of a strike by the
Union or any other Union or through any breakdown of machinery, or any stoppage
of work brought about by any cause whatsoever which the employer could not
reasonably prevent.
(b) An interval of
not less than 30 minutes shall be allowed for the midday meal, as near as
possible to the middle of the day's work; provided that on shift operations
other than continuous work shifts a meal period of not less than 20 minutes in
each shift shall be provided which shall not count as time worked.
(c) An employee
shall not be compelled to work for more than five hours after commencing
his/her daily shift without a break for a meal.
(d) On continuous
work shifts, as defined, an employee shall have a meal period of not less than
20 minutes which shall count as time worked.
(e) Any employee
required for duty during his/her usual meal time shall be paid at the rate of
time and one-half until he/she is allowed the usual length of time for a meal
unless he/she is allowed to have his/her meal at his/her job and is paid at the
rate of time and one-half during the time of his/her usual meal time.
26. Holiday and
Sunday Work
(a) Subject to
this clause, all weekly wage employees shall be granted the following holidays
without deduction of pay: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Eight Hour Day, the day observed as Queen's Birthday, Christmas Day and Boxing
Day, or such other day in substitution for any specified day as may be agreed
upon between the Union and any employer and an additional holiday shall be
granted on a working day to be agreed between the Union and the employers together
with any other holiday proclaimed to be observed throughout the State.
Provided that payment shall be at the rates prescribed
by Appendix A - Wage Rates, clause 13, Junior Rates, and 14, Special Rates, for
the occupation in which the employee is employed, and in addition to the above
payment in the case of employees on overaward payments, piece or bonus work or
any other system of payment by results, the average on a daily basis of their
overaward payments, piece or bonus work earnings, ordinary hours as calculated
and utilised for annual leave pay purposes for the immediately preceding period
of annual leave; or in the case of an employee who has not previously taken
annual leave whilst in the service of the employer, the average of their
overaward payments, piece or bonus work earnings during ordinary hours over a
period of not less than 3 months ending 4 weeks prior to the holiday:
Provided further that where an employee is not employed
during the whole of the 3 months, the average shall be calculated on the period
of employment falling within the said 3 months.
(b) Subject to the
provisions of subclause (h) of this clause if any of the above holidays occur
on a Saturday or a Sunday and are not observed on any other day, then employees
shall not be paid for any such Saturday or Sunday.
(c) An employee
absent as the result of an accident sustained in the course of his/her
employment or in the periodic journeying to or from his/her place of employment
and who is receiving payment under any Workers'
Compensation Act shall not be entitled to payment but shall only be
entitled to the difference between the payment received for such day under any Workers Compensation Act and his/her
ordinary award wage for the holiday.
(d) Any employee
absenting himself/herself from work on any portion of the working day preceding
or following a holiday provided for in this clause without a reasonable excuse
or without permission from his/her employer shall not be entitled to payment
for such holiday.
(e) An employee
who is employed on any holiday provided for in this clause shall for all time
worked on that day be paid at the rate of double time and one-half.
(f) Notwithstanding
anything to the contrary contained in this award, if any employer shall give to
any employee a notice of termination of engagement expiring or taking effect as
a dismissal within seven days of the date on which any of the said holidays
fall or are observed, such employer shall pay the employee so dismissed a day's
pay for each such holiday falling or being observed, within seven days of the
termination of the engagement unless the engagement is determined by the
employer by reason of the misconduct of the employee provided that this subclause shall not apply to any employee who
at the date of expiration of such notice shall not have been employed by the
employer concerned for at least 80 per cent of the ordinary working time of the
three consecutive weeks immediately preceding the expiration of such
notice; provided further that when any
holiday is observed on a non-working day, the employee concerned shall not be
entitled to payment for such holiday.
(g) Any employee
who is employed on a Sunday shall for all time worked on that day be paid at
the rate of double time; provided that where, by agreement between an employer
and the Union, shifts are rearranged to commence on Sunday instead of Monday
ordinary rates shall be paid for Sunday work.
(h) An employee
shall not be entitled to payment in respect of a public holiday if he or she
fails to attend for duty on that day after having been notified by the employer
seven days prior to the holiday that he or she was required to work. Notwithstanding the foregoing, an employee
may be notified at short notice to work on a holiday in cases of emergency. The foregoing provisions shall not apply to
Christmas or Easter holidays.
(i) For the
purpose of this award -
(i) where
Christmas Day falls on a Saturday or on a Sunday, the following Monday and
Tuesday shall be observed as Christmas Day and Boxing Day respectively;
(ii) where Boxing
Day falls on a Saturday, the following Monday shall be observed as Boxing Day;
(iii) where New
Year's Day falls on a Saturday or on a Sunday the following Monday shall be
observed as New Year's Day,
and the said Saturday and/or Sunday shall be deemed not to be
holidays.
(j) Seven-Day
Shift Work -
(i) A seven-day
shift worker who is rostered to work regularly on Sundays and holidays, when
his/her rostered shift day off falls on a public holiday prescribed by this
clause shall at the discretion of the employer, be paid for that day at the
ordinary rate or have an additional day added to his/her annual leave. This subclause shall not apply when the
holiday on which he/she is rostered off falls on a Saturday or Sunday.
(ii) A seven-day
shift worker who is required to work on his/her rostered day off when such
rostered day off falls on a public holiday prescribed by this clause shall be
paid at the rate of double time for work performed and have an additional day
added to his/her annual leave.
(k) Daylight
Saving - Notwithstanding anything contained elsewhere in this award, where by
reason of the legislation of the State summer time is prescribed as being in
advance of Eastern 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 time period, shall be deemed to be the number of hours represented by
the difference between the time recorded by the clock at the beginning of the
shift and the time so recorded at the end thereof, the time of the clock in
each case to be set to the time fixed pursuant to the relevant State legislation.
In this subclause the expression "Eastern Standard
Time" and "summer time" shall bear the same meanings as are
prescribed by the relevant State legislation.
(l) Day Worker -
In the case of an employee whose ordinary hours of work are arranged in
accordance with clause 18, Hours of Duty, the weekday to be taken off shall not
coincide with a public holiday fixed in accordance with subclause (a) of this
clause; provided that, in the event that a public holiday is prescribed after
an employee has been given notice of a weekday off in accordance with the said
clause 18, and the public holiday falls on the weekday the employee is to take
off, the employer shall allow the employee to take the day off on an
alternative weekday.
27. Sick Leave
(a) Any weekly
wage employee shall be entitled to leave of absence without deduction of pay;
provided he/she produces or forwards within 48 hours of the commencement of
such absence a medical certificate or other evidence satisfactory to the
management that the absence was the result of personal accident arising out of
and in the course of his/her employment, in respect of which no compensation is
payable under any Workers' Compensation
Act.
(b) An employee on
weekly hiring, after one month's service with his/her employer, who is absent
from work on account of personal ill-health necessitating such absence shall be
entitled to leave of absence without deduction of pay, subject to the following
conditions:
(i) He/she shall
not be entitled to paid leave of absence for any period in respect of which
he/she is entitled to workers' compensation.
(ii) He/she shall,
within 48 hours of the commencement of the absence, produce or forward a
medical certificate, or other evidence satisfactory to the management,
certifying his/her inability to attend for duty.
(iii) In the period
of employment from the date of engagement until 31 December next following
he/she shall not be entitled to paid leave in excess of 3-1/6 hours in respect
of each completed month of service, but thereafter shall be entitled to leave
up to 8 days of working time each year; provided that any employee who has not
had 12 months' service as at 31 December shall in the first subsequent year
have the amount of 64 hours reduced by 2 hours for each completed month short
of 12 months' service.
(iv) Subject to the
provisions of subclause (c) of this clause he/she shall not be entitled in any
subsequent year to paid leave in excess of 8 days.
(v) Subject to the
provisions of paragraphs (ii) and (iv) of this subclause, the employee shall be
paid sick leave in respect of two single days' absence in any year on
notification to the employer within eight hours the employee is absent from
work on account of personal ill-health necessitating such absence.
Provided that this paragraph shall not apply in respect
of a single day absence on the working day immediately preceding or following a
holiday observed under clause 26, Holiday and Sunday Work, of this award, or a
period of annual leave: Provided
further that nothing in this paragraph shall limit the employer's rights under
paragraph (ii) of this subclause.
(vi) The
entitlement to paid sick leave shall be at the rates prescribed by Appendix A -
Wage Rates, and clause 13, Junior Rates, of this award, for the occupation in
which the employee is employed, and in addition to the above payment in the
case of employees on overaward payments, piece or bonus work or any other
system of payment by results, the average on a daily basis or their overaward
payments, piece or bonus work earnings during ordinary hours as calculated and
utilised for annual leave pay purposes for the immediately preceding period of
annual leave; or, in the case of an employee who has not previously taken
annual leave whilst in the service of the employer, the average of their
overaward payments, piece or bonus work earnings during ordinary hours over a
period of not less than 3 months ending 4 weeks prior to the commencement of
the absence; provided that where an
employee is not employed during the whole of the 3 months, the average shall be
calculated on the period of employment falling within the said 3 months.
(c) Sick leave
shall accumulate from year to year so that any balance of the period specified
in paragraphs (iii) and (iv) of subclause (b) of this clause, which has in any
year not been allowed to an employee by an employer as paid sick leave may be
claimed by the employee and subject to the conditions hereinbefore prescribed
shall be allowed by that employer in a subsequent year without diminution of
the sick leave prescribed in respect of that year; provided that sick leave
which accumulated pursuant to this subclause shall not exceed 768 hours and
shall be available to the employee for a period of twelve years but for no
longer from the end of the year in which it accrued.
(d) For the
purposes of this clause "year" shall mean twelve calendar months
starting with 1 January each year.
(e) 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 the day or days unless he/she produces to the employer a certificate from a
duly qualified medical practitioner that in his/her, the medical practitioner's
opinion, the employee was unable to attend for duty on account of personal
illness or on account of injury by accident.
Sick pay will not substitute for a rostered day off.
28. Personal/Carer's
Leave
Use of Sick Leave -
1.
(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 27, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married too that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
2. Unpaid
Leave for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. Annual
Leave -
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. Time Off In
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. Make-Up
Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
6. Rostered
Days Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
29. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of 3 days
bereavement leave without deduction of pay on each occasion of the death of a
person as prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide, to the satisfaction of the employer, proof
of death within 8 weeks of the 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 in subclause (1)(c)(ii)
of clause 28 provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
2, 3, 4, 5 and 6 of clause 28, Personal/Carers' Leave. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
30. Blood Donors
A weekly employee who attends a recognised clinic for the
purpose of donating blood during working hours shall (subject to normal manning
requirements) be allowed the necessary leave of absence without loss of pay on
not more than four occasions in each 12 months: Provided an employee shall not be entitled to payment with
respect to time lost in excess of two hours on each occasion. An employee shall notify his/her employer as
soon as possible of the time and date upon which he/she is intending to be absent
for the purpose of donating blood.
31. Jury Service
An employee required to attend for jury service during
his/her ordinary working hours shall be reimbursed by the employer an amount
equal to the difference between the amount paid in respect of his/her
attendance for such jury service and the amount of wage he/she would have
received in respect of the ordinary time he/she would have worked had he/she
not been on jury service.
An employee shall notify his/her employer as soon as
possible of the date upon which he/she is required to attend for jury
service. Further the employee shall
give his/her employer proof of his/her attendance, the duration of such
attendance and the amount received in respect of such jury service.
32. Accident Pay
(1) An employer
shall pay and an employee shall be entitled to receive accident pay in
accordance with this clause.
(2) Definitions -
For the purposes of this clause and subject to the terms thereof the words
hereunder shall bear the respective definitions set out hereunder:
(a) "Workers'
Compensation Acts" or "Acts" - The Workers' Compensation Act means the Workers' Compensation Act 1987 and the Workplace Injury Management
and Workers Compensation Act 1998,
from time to time.
(b) Injury - For
the purposes of this clause injury shall mean an injury occurring at the place
of employment but otherwise shall be given the same meaning and application as
applying under the Workers' Compensation Acts and no injury occurring at the
place of employment shall result in the application of accident pay unless an entitlement
exists under the Acts.
(c) "Accident
Pay" -
Total Incapacity -
(i) In the case
of an employee who is or is deemed to be totally incapacitated within the
meaning of the Act means a weekly payment of an amount representing the
difference between, on the one hand, the total amount of compensation,
including other allowances, paid to the employee during incapacity pursuant to
the Act for the week in question and, on the other hand, the total weekly award
rate and weekly overaward payment, if any, being paid to such employee at the
date of the injury giving rise to the said payment of compensation, together
with or less as the case may be by variation in award rates which would have
been applicable to the classification of such employee for the week in question
if he/she had been performing his/her normal duties providing that in making
such calculation any payment for overtime earnings, shift premiums, attendance
bonus, fares and travelling time allowances, penalty rates and any other
ancillary payments payable by the employer shall not be taken into account but
piece or bonus work earnings during ordinary hours shall be taken into account.
Partial Incapacity -
(ii) In the case
of an employee partially incapacitated within the meaning of the Acts means a
weekly payment of an amount representing the difference between, on the one
hand, the total amount of compensation paid to the employee during incapacity
pursuant to the Acts for the week in question together with the average weekly
amount he/she is earning or is able to earn in some suitable employment or
business (as determined expressly or by implication by a Workers' Compensation
Commissioner or as agreed between the parties) and, on the other hand, the
total weekly award rate and weekly overaward payment if any, being paid to such
employee at the date of the injury giving rise to the said payments of
compensation together with or less as the case may be any variation in award
rates which would have been applicable to the classification of such employee
for the week in question if he/she had been performing his/her normal duties
providing that in making such calculation any payment for overtime earnings,
shift premiums, attendance bonus, incentive earnings under any system of
payment by results, fares and travelling time allowances, penalty rates and any
other ancillary payments payable by the employer shall not be taken into
account.
The total weekly award rate and weekly overaward
payment abovementioned shall be the same as that applying for a total
incapacity provided that where an employee receives a weekly payment of
compensation under the Act and subsequently such payment is reduced pursuant to
the Act, such reduction shall not increase the liability of the employer to
increase the amount of accident pay in respect of that injury.
Payment for Part of a Week -
(iii) Where an
employee receives accident pay and such pay is payable for incapacity for part
of a week the amount shall be a direct pro rata.
(3) Qualifications
for Payment - Always subject to the terms of this clause, an employee covered
by this award shall upon receiving payment of compensation and continuing to
receive such payment in respect of a weekly incapacity within the meaning of
the Act be paid accident pay by his/her employer who is liable to pay
compensation under the Act, which said liability by the employer for accident
pay may be discharged by another person on his/her behalf provided that:
(a) Accident pay
shall only be payable to an employee whilst such employee remains in the
employment of the employer by whom he/she was employed at the time of the
incapacity and then only for such period as he/she receives a weekly payment
under the Act: Provided that if an
employee on partial incapacity cannot obtain suitable employment from his/her
employer but such alternative employment is available with another employer
then the relevant amount of accident pay shall still be payable: Provided further that in the case of the
termination by an employer of an employee who is incapacitated and receiving
accident pay, accident pay shall continue to apply subject to the provisions of
this clause except in those cases where:
(i) the
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(ii) arises from a
declaration of liquidation of the company in which case the employee's
entitlement shall be determined by the appropriate State legislation.
In order to qualify for the continuance of accident pay
on termination an employee shall if required provide evidence to his/her
employer of the continuing payment of weekly workers' compensation payments.
(b) Accident pay
shall not apply to any incapacity occurring during the first three weeks of
employment unless such incapacity continues beyond the first three weeks and
then subject to paragraph (c) of this subclause and to a maximum period of
payment prescribed by subclause (4) of this clause, accident pay shall apply
only to the period of incapacity after the first three weeks.
(c) Accident pay
shall not apply in respect of any injury during the first five normal working
days of incapacity.
(d) An employee on
engagement may be required to declare all workers' compensation claims made in
the previous five years and in the event of false or inaccurate information
being deliberately and knowingly declared the employer may require the employee
to forfeit his/her entitlement to accident pay under this award.
(4) Maximum Period
of Payment - The maximum period or aggregate of periods of accident pay to be
made by an employer shall be a total of 39 weeks for any one injury as defined
in paragraph (b) of subclause (2) of this clause.
(5) Absences On
Other Paid Leave - An employee shall not be entitled to the payment of accident
pay in respect of any period of paid annual leave, or long service leave, or
for any paid public holiday in accordance with the appropriate award
provisions.
(6) Notice of
Injury - An employee upon receiving an injury for which he/she claims to be
entitled to receive accident pay shall give notice in writing of the said
injury to his/her employer and of its manner of happening as soon as
practicable after the happening thereof and shall provide in writing all other
information as the employer may reasonably require.
(7) Furnishing of
Evidence - An employee who has suffered any injury for which he/she is
receiving payment or payments for incapacity in accordance with the provisions
of the Acts shall furnish evidence to the employer from time to time as
required by the employer of such payment and compliance with this obligation
shall be a condition precedent to any entitlement under this clause:
Any employee who is receiving or who has received
accident pay in respect of any injury shall if required by the employer or
other persons on his/her behalf authorise his/her employer to obtain any
information required by such employer concerning such injury or compensation
payable in respect thereof from the insurance company that is liable to pay
compensation to such employee pursuant to the Acts.
(8) Medical
Examination - Nothing in this clause shall in any way be taken as restricting
or removing the employer's rights under the Acts to require the employee to
submit himself/herself to examination by a legally qualified medical
practitioner, provided and paid by the employer, and if he/she refuses to
submit himself/herself to such examination or in any way obstructs the same,
his/her right to receive or continue to receive accident pay shall be suspended
in like manner as his/her right to compensation is suspended pursuant to the
Acts until such examination has taken place.
Where in accordance with the Acts a medical referee
gives a certificate as to the condition of the employee and his/her fitness for
work or specifies work for which the employee is fit and such work is made
available by the employer and refused by the employee or the employee fails to
commence the work, accident pay shall cease from the date of such refusal or
failure to commence the work.
(9) Redemption of
Weekly Payments - Where there is a redemption of weekly compensation payments
by the payment under the Acts of a lump sum the employer's liability to pay
accident pay shall cease as from the date of such redemption.
(10) Civil Damages
Claims -
(a) An employee
receiving or who has received accident pay shall advise his/her employer of any
action he/she may institute or any claim he/she may make for damages. Further the employee shall, if required,
authorise such employer to obtain information as to the progress of such action
or claim from the employee's solicitors and shall if required provide an
authority to the employer entitling the employer to a charge upon any money
payable pursuant to any verdict or settlement of that injury.
(b) Where an
employee obtains a verdict for damages against his/her employer or is paid an
amount of money in settlement of any claim for damages that he/she has made
against his/her employer in respect of an injury for which he/she has received
accident pay the employer's liability to pay accident pay shall cease from the
date of such verdict; provided that if the verdict for damages is not reduced
either in whole or part by the amount of accident pay made by the employer the
employee immediately upon payment of such verdict or amount in settlement shall
pay to his/her employer any amount of accident pay already received in respect
of that injury by which the verdict has not been so reduced.
(c) Where an
employee obtains a verdict for damages against a person other than the employer
or is paid an amount of money in settlement of any claim for damages that
he/she has made against such person in respect of an injury for which he/she
has received accident pay the employer's liability to pay accident pay shall
cease from the date of such verdict; provided that if the verdict for damages
is not reduced either in whole or part by the amount of accident pay made by
the employer the employee shall pay to his/her employer any amount of accident
pay already received in respect of that injury by which the verdict has not
been so reduced.
(11) Insurance
Against Liability - Nothing in this clause shall require an employer to insure
against his/her liability for accident pay, nor shall it affect the right of an
employer to terminate the employment of the employee.
(12) Variations In
Compensation Rates - Any changes in compensation rates under the Acts shall not
increase the amount of accident pay above the amount that would have been
payable had the rates of compensation remained unchanged.
(13) Death of
Employee - All rights to accident pay shall cease on the death of an employee.
(14) Disputes - In
the event of any dispute arising as to the entitlement of an employee to
payment of accident pay in accordance with the provisions of this award the
matter shall if any party to this award so requires be referred to the
conciliation committee.
(15) Safety
Regulations - Without prejudice to the terms of this clause the Union shall use
its best endeavours to have its members carry out all statutory and other
regulations applicable to the employment of such members and to further carry
out any orders relating to the preservation of safety given by or on behalf of
any employer or its members.
Operative Date - This clause shall apply in respect of any
incapacity resulting from injury when such incapacity and injury causing such
incapacity as aforesaid occurred on or after 11 May 1973.
33. Annual Leave
Period of Leave -
(a) Except as
hereinafter provided, a period of twenty-eight days consecutive leave shall be
allowed annually to an employee after twelve months continuous service (less
the period of annual leave) as an employee on weekly engagement in any one or
more of the occupations to which this award applies.
Annual Leave Exclusive of Public Holidays -
(b) The annual leave
prescribed by this clause shall be exclusive of any of the holidays prescribed
by clause 26, Holiday and Sunday Work, and if any such holiday falls within an
employee's period of annual leave and is observed on a day which in the case of
that employee would have been an ordinary working day there shall be added to
that period one working day for each such holiday falling as aforesaid.
Broken Leave -
(c) Annual leave
shall be taken and given by mutual consent in any number of periods provided
that there shall be one period of at least fourteen consecutive days.
Calculation of Continuous Service -
(d) For the
purposes of this clause service shall be deemed to be continuous
notwithstanding:
(i) Any
interruption or determination of the employment by the employer if such
interruption or determination has been made merely with the intention of
avoiding obligations hereunder in respect of leave of absence;
(ii) Any absence
from work on account of personal sickness or accident or on account of leave
lawfully granted by the employer; or
(iii) Any absence
with reasonable cause, proof whereof shall be upon the employee.
In respect of absence referred to in paragraph (iii) of
this subclause, the employee shall, in addition to his/her obligation
thereunder, inform the employer in writing, if practicable, within 24 hours of
the commencement of such absence of his/her inability to attend for duty, the
reason for and the estimated duration of such absence.
In calculating the period of twelve months' continuous
service any such absence as aforesaid shall not, except to the extent of not
more than 20 working days in a twelve monthly period in the case of sickness or
accident, be taken into account in calculating the period of twelve months'
continuous service.
Any absence from work by reason of any cause not being
a cause specified in this subclause shall not be deemed to break the continuity
of service for the purpose of this clause unless the employer during the
absence or within fourteen days of the termination of the absence notifies the
employee in accordance with this subclause, that such absence will be regarded
as having broken the continuity of service.
In the cases of individual absenteeism such notice
shall be given in writing to the employee concerned but in cases of concerted
or collective absenteeism notice may be given to employees by the posting up of
a notification in the plant in the manner in which general notifications to
employees are usually made in that plant and by posting to each Union whose members
participated in such concerted or collective absenteeism a copy of it not later
than the day it is posted up in the plant.
A notice to an individual employee may be given by
delivering it to him/her personally or by posting it to his/her last recorded
address in which case it shall be deemed to have reached him/her in due course
by post.
Successor or Assignee -
(e) Where the
employer is a successor, assignee or transmittee of a business, if an employee
was in the employment of the employer's predecessor at the time when he/she
became such successor or assignee or transmittee the employee in respect of the
period during which he/she was in the service of the predecessor shall, for the
purpose of this clause, be deemed to be in the service of the employer.
Calculation of Month -
(f) For the
purpose of this clause a month shall be reckoned as commencing with the
beginning of the first day of the employment or period of employment in
question and as ending at the beginning of the day which in the latest month in
question has the same date number as that which the commencing day had in its
month and if there be no such day in such subsequent month shall be reckoned as
ending at the end of such subsequent month.
Leave To Be Taken -
(g) The annual
leave provided for by this clause shall be allowed and shall be taken and
except as provided by subclauses (l) and (m) of this clause payment shall not
be made or accepted in lieu of annual leave.
Time of Taking Leave -
(h) Annual leave
shall be given at the time fixed by the employer within a period not exceeding
nine months from the day when the right to annual leave accrued and after not
less than one month's notice to the employee.
Leave Allowed Before Due Date -
(i) An employer
may allow annual leave to an employee before the right thereto has accrued due
but where leave is taken in such case a further period of annual leave shall
not commence until after the expiration of the twelve months in respect of
which annual leave had been taken before it accrued.
Where leave has been granted to an employee pursuant to
this subclause before the right thereto has accrued due and the employee
subsequently leaves or is discharged from the service of the employer before
completing the twelve months' continuous service in respect of which the leave
was granted, the employer may, for each one complete month of the qualifying
period of twelve months not served by the employee, deduct from whatever
remuneration is payable upon the termination of the employment one-twelfth of
the amount of wage paid on account of the annual leave, which amount shall not
include any sums paid for any of the holidays prescribed by Clause 26, Holiday
and Sunday Work, of this award.
Payment of Period of Leave -
(j) Each employee
before going on leave shall be paid all wages which would normally become due
and payable during the period of leave.
For the purposes of this subclause and subclauses (l)
and (m) of this clause wages shall be at the rates prescribed by clauses 8,
Wages, and 13, Junior Rates, for the occupation in which the employee was
ordinarily employed immediately prior to the commencement of his/her leave or
the termination of his/her employment, as the case may be, and in addition to
the above payment:
(i) any leading
hand allowance, first-aid allowance; and
(ii) in the case
of an employee on overaward payments, piece or bonus work or any other system
of payment by results, the average of his/her overaward payments, piece or
bonus work earnings during ordinary hours over a period of not less than 3
months ending 4 weeks prior to the commencement of such leave.
Provided that where an employee is not employed during
the whole of the three months, the average shall be calculated on the period of
employment falling within the said three months: Provided further that in the case of an employee absent on long
service leave during the three months, both the period of such leave and the
payment made in respect thereof shall be excluded when calculating the average.
Loading On Annual Leave -
(k) During a
period of annual leave an employee shall receive a loading calculated on the
rate of wage prescribed by the said clauses 8 and 13 of this award.
Notwithstanding anything elsewhere provided, an
employee engaged on shift work shall receive either the average shift rates as
appropriate according to the respective full roster cycle preceding going on
leave or a loading of 17½ per cent calculated as in the preceding paragraph,
whichever is the greater.
The loading prescribed by this subclause shall not
apply to proportionate leave on termination.
Proportionate Payment On Termination -
(l) If, after one
week's continuous service of five working days in his/her first twelve-monthly
qualifying period, an employee lawfully leaves his/her employment or his/her
employment is terminated by the employer through no fault of the employer, the
employee shall be paid 3.08 hours for each forty ordinary hours worked prior to
the beginning of the first pay period of commence on or after 15 December 1982
and after that date for 2.923 hours for each thirty-eight ordinary hours worked
at his/her ordinary rate of wage and such other payments, on a pro rata basis,
to which he/she would have been entitled under subclause (j) of this clause.
After the completion of the first qualifying
twelve-monthly period an employee who leaves his/her employment or whose
employment has been terminated for any reason shall be paid 3.08 hours for each
forty ordinary hours worked prior to the beginning of the first pay period to commence
on or after 15 December 1982 and after that date 2.923 hours for each
thirty-eight ordinary hours worked at his/her ordinary rate of wage and such
other payments on a pro rata basis, to which he/she would be entitled under
subclause (j) of this clause.
Annual Close-Down -
(m) An employer may
close down his/her plant or a section thereof for the purpose of allowing leave
to all or the bulk of the employees in the plant or section or sections
concerned, in accordance with the provisions hereunder:
(A)
(i) He/she may,
by giving notice as prescribed in subclause (n) of this clause of his/her
intention so to do, stand off for the duration of the close-down all employees
in the plant or section or sections concerned and allow to those who are not
then qualified for three or four full weeks' leave pursuant to subclause (a) of
this clause, paid leave at the appropriate rate of wage as prescribed by
subclause (j) of this clause as calculated in accordance with section (a) of
subparagraph (i) of paragraph (B) of this subclause.
(ii) An employee
who has then qualified for three or four full weeks' leave pursuant to
subclause (a) of this clause and who has completed a further week or more of
continuous service shall be allowed four weeks' leave and shall also be paid at
the appropriate rate of wage prescribed in subclause (j) of this clause as
calculated in accordance with section (b) of subparagraph (i) of paragraph (B)
of this subclause.
(iii) Alternatively,
he/she may by giving notice as prescribed in subclause (n) of this clause
notice of his/her intention so to do, close down his/her plant or a section or
sections thereof for two separate periods for the purpose of granting annual
leave in accordance with this subclause.
If the employer closes down his/her plant in two separate periods one of
those periods shall be of at least 21 consecutive days to commence in the month
of December and the second period shall commence not later than the September
next following: Provided that where the
majority of the employees in the plant or section or sections concerned agree
the employer may close down his/her plant in accordance with this subclause in
two separate periods, neither of which is of at least 21 consecutive days, or
in three separate periods. In such
cases the employer shall advise the employees concerned of the proposed dates
of each close-down before asking them for their agreement.
(iv) Alternatively,
he/she may close down his/her plant, or a section or sections thereof for a
period of at least 21 consecutive days to commence in the month of December in
each year and grant the balance of the annual leave due to an employee in one
continuous period in accordance with a roster, with the said balance being
given and taken no later than the September next following.
(v) The next 12
monthly qualifying period of each employee affected by such close-down shall
commence, in the case of subparagraphs (i) and (ii) of this paragraph, from the
day on which the plant or section or sections concerned is reopened for work;
and in the case of subparagraphs (iii) and (iv) of this paragraph, from the day
on which the plant or section or sections concerned is reopened for work after
each December close-down: Provided that
all time during which an employee is stood down without pay for the purpose of
this subclause shall be deemed to be time of service in the next 12 monthly
qualifying period.
(B)
(i) Payment for
annual leave under this subclause shall be calculated as follows:
(a) In the case of
subparagraph (i) of paragraph (A) of this subclause, on the basis of 3.08 hours
for each forty ordinary hours worked prior to the beginning of the first pay
period to commence on or after 15th December 1982, and after that date for
2.923 hours for each thirty-eight ordinary hours worked.
(b) In the case of
subparagraph (ii) of paragraph (A) of this subclause on the basis of 3.08 hours
for each forty ordinary hours worked prior to the beginning of the first pay
period to commence on or after 15th December 1982, and after that date for
2.923 hours for each thirty-eight ordinary hours worked. In the case of both subclauses (a) and (b)
of this clause, service shall be in accordance with subclause (d) of this
clause.
(ii) If in the
first year of his/her service with an employer an employee is allowed
proportionate annual leave under this subclause and subsequently within such
year lawfully leaves his/her employment or his/her employment is terminated by
the employer through no fault of the employee, he/she shall be entitled to the
benefit of subclause (l) of this clause subject to adjustment for any
proportionate leave which he/she may have been allowed as aforesaid.
(iii) Any employee
who terminates his/her employment or is dismissed for any reason after the
December close-down and before any balance of leave due to him/her at the date
under subparagraph (ii) of this paragraph has been granted shall be paid such
balance on termination or dismissal.
(C) Alternatively,
he/she may close down his/her plant or section or sections thereof for a period
of less than 21 consecutive days and allow the balance of the annual leave due
to an employee in one or two continuous periods either of which may be in
accordance with a roster. In such a
case the granting and taking of annual leave shall be subject to the agreement
of the employer and the majority of employees in the plant, or a section or
sections thereof respectively and before asking the employees concerned for
their agreement the employer shall advise them of the proposed date of the
close-down or close-downs and the details of the annual leave roster.
(n) Annual
Close-Down - Notice of - Where an employer intends to close down a plant or
section or sections thereof for the purpose of allowing leave to all or the
bulk of employees in the plant or section or sections concerned, he/she shall
cause a notice to be posted on the factory notice board/s not less than 6
months before the intended close-down, indicating the proposed close-down and
re-opening dates. Provided however such
advice is subject to confirmation or change up until not less than one month
before the actual close-down date.
34. Long Service
Leave
See Long Service Leave
Act 1955.
35. Parental Leave
See Industrial
Relations Act 1996.
36. Payment of Wages
(a) Wages shall be
available not later than three ordinary working days following the end of the
preceding pay week. Provided that when
an award holiday or a rostered day off pursuant to clauses 18, Hours of Duty,
and 26, Holiday and Sunday Work, of this award occurs on any of such three
ordinary working days wages shall be available not later than the fourth
ordinary working day. Provided further
that by agreement between the employer and each individual employee wages may be
paid fortnightly. Provided further that
where the employer is able to make suitable arrangements wages may be paid in
the working day preceding pay day.
(b) All wages
shall be paid during working hours.
(c) Any employee
leaving on proper notice or dismissal shall be paid his/her wages on leaving or
being dismissed; provided that when an employee is dismissed outside ordinary
office ours he/she shall be paid not later than 10.00 a.m. on the next working
day. In the case of pieceworkers or
bonus workers the time wages only need to be paid in accordance with the
foregoing provisions: Provided that
where an employee, on termination of employment, is paid time rates only, any
bonus or piecework earnings in excess of such amount shall, on request, be
posted to the employee within 48 hours of such termination; provided that in
the case of an employee whose ordinary hours are arranged in accordance with
clause 18, Hours of Duty, of this award and who is paid average pay and who has
not taken the day off due to him/her during the work cycle in which his/her
employment is terminated, the wages due to that employee shall include a total
of credits accrued during the work cycle as detailed in the Special Note in
paragraph (ii) of subclause (f) of this clause; Provided further where the employee has taken a day off during
the work cycle in which his/her employment is terminated the wages due to that
employee shall be reduced by the total of credits which have not accrued during
the work cycle.
(d) Each pay day
employees shall be provided with a statement showing the following details:
(i) gross wages;
(ii) award
overtime pay;
(iii) incentive
bonus;
(iv) shift
allowance;
(v) tax;
(vi) total
deductions;
(vii) net pay.
(e) Where an
employer and employee agree, either individually or collectively, the employee
may be paid his/her wages by cheque or into a nominated account.
(f) Transitional
Period -
(1) Prior to 15
December 1982, when ordinary hours are 40 per week, the method of paying wages
in force as at that date shall be continued.
(2) From 15
December 1982, wages shall be paid as follows:
Employee who actually works 38 ordinary hours each week
-
(i) In a case of
an employee whose ordinary hours of work are arranged in accordance with clause
18, Hours of Duty, of this award so that he/she works 38 ordinary hours each
week, wages shall be paid weekly or fortnightly accordingly to the actual
ordinary hours worked each week or fortnight.
Employee who works an average of 38 ordinary hours each
week -
(ii) Subject to
subclauses (c) and (d) of this clause in the case of an employee whose ordinary
hours of work are arranged in accordance with the said clause 18, so that
he/she works an average of 38 ordinary hours each week during a particular work
cycle. wages shall be paid weekly or fortnightly according to a weekly average
of ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
Special Note:
Explanation of Averaging System -
As provided in this subclause an employee whose
ordinary hours may be more or less than 38 in any particular week of a work
cycle, is to be paid his/her wages on the basis of an average 38 ordinary hours
so as to avid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out
below:
(i) Clause 18,
Hours of Duty, provides that in implementing a 38-hour week the ordinary hours
of an employee may be arranged so that he/she is entitled to a day off on a
fixed day or rostered day basis, during each work cycle. It is in these circumstances that the
averaging system would apply.
(ii) If the
38-hour week is to be implemented so as to give an employee a day off in each
work cycle this would be achieved if, during a work cycle of 28 consecutive
days (that is, over four consecutive weeks) the employee's ordinary hours were
arranged on the basis that for three of the four weeks he/she worked 40
ordinary hours each week and in the fourth week he/she worked 32 ordinary
hours. That is, he/she would work for 8
ordinary hours each day, Monday to Friday inclusive for three weeks and 8
ordinary hours on four days only in the fourth week - a total of 19 days during
the work cycle.
(iii) In such a
case the averaging system applies and the weekly wage rates for ordinary hours
of work applicable to the employee shall be the average weekly wage rates set
out for the employee's classification in Schedule A - Wage Rates, of this
award, and shall be paid each week though more or less than 38 ordinary hours
are worked that week.
In effect, under the averaging system, the employee
accrues a "credit" each day he/she works actual ordinary hours in
excess of the daily average which would otherwise be 7 hours 36 minutes. This "credit" is carried forward
so that in the week of the cycle that he/she works on only four days, his/her
actual pay would be for an average of 38 ordinary hours even though, that week,
he/she works a total of 32 ordinary hours.
Consequently, for each day an employee works 8 ordinary hours he/she
accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the employee
may accrue under this system is 0.4 hours on 19 days, that is, a total of 7
hours 36 minutes.
(iv) As provided in
paragraph (3) of this subclause, an employee will not accrue a
"credit" for each day he/she is absent from duty other than on annual
leave, long service leave, public holiday, paid sick leave, workers'
compensation, bereavement leave or jury service. When an employee is absent from duty because of annual leave,
long service leave, public holidays, paid sick leave, workers' compensation,
bereavement leave or jury service, his/her entitlement is determined in
accordance with the appropriate award provision dealing with such entitlements.
(3) Absences From
Duty -
(i) An employee
whose ordinary hours are arranged in accordance with the said clause 18, and
who is paid wages in accordance with subparagraph (ii) of paragraph (2) of this
subclause and is absent from duty (other than on annual leave, long service
leave, public holidays, paid sick leave, workers' compensation, bereavement
leave, or jury service) shall, for each day he/she is so absent, lose average
pay for that day calculated by dividing his/her average weekly wage rate by 5.
An employee who is so absent from duty for part of day
shall lose average pay for each hour he/she is absent by dividing his/her
average daily pay rate by 8.
(ii) Provided when
such an employee is absent from duty for a whole day he/she will not accrue a
"credit" because he/she would not have worked ordinary hours that day
in excess of 7 hours 36 minutes for which he/she would otherwise have been
paid. Consequently, during the week of
the work cycle he/she is to work less than 38 ordinary hours he/she will not be
entitled to average for that week. In
that week, the average pay will be reduced by the amount of the
"credit" he/she does not accrue for each whole day during the work
cycle he/she is absent.
The amount by which an employee's average weekly pay
will be reduced when he/she is absent from duty (other than on annual leave,
long service leave, public holidays, paid sick leave, workers' compensation,
bereavement leave or jury service) is to be calculated as follows:
Total of "credits" not accrued during cycle
Examples: (An employee's
ordinary hours are arranged so that he/she works 8 ordinary hours on five days
of each week or 3 weeks and 8 ordinary hours on four days of the fourth week.)
(1) Employee takes
one day off without authorisation in first week of cycle.
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|
|
1st week
|
= average weekly pay less one day's pay (i.e. 1/5th)
|
|
|
|
|
2nd and
|
|
|
3rd weeks
|
= average weekly pay each week
|
|
4th week
|
= average weekly pay less credit not accrued on day of
absence
|
|
|
|
|
|
= average pay less
|
|
|
|
|
|
0.4 hours x average weekly pay
|
|
|
38
|
(2) Employee takes
each of the 4 days off without authorisation in the 4th week.
|
Week of Cycle
|
Payment
|
|
|
|
|
1st, 2nd and
|
|
|
3rd weeks
|
= average pay each
week
|
|
|
|
|
4th weeks
|
= average pay less
4/5ths of average pay for the four days absent
|
|
|
|
|
|
Less total of credits not accrued that week
|
|
|
|
|
|
= 1/5th average
pay less
|
|
|
|
|
|
4 x 0.4 x average weekly pay
|
|
|
38
|
|
|
|
|
|
= 1/5th average
weekly pay less
|
|
|
|
|
|
1.6 hours x average weekly pay
|
|
|
38
|
|
|
|
(3) Alternative
Methods of Payment -
(i) Provided that
in the case of an employee who prior to 15 December 1982 was working less than
ordinary hours each week and who was paid by a different method from that
provided for in subclauses (b) and (c) of this clause such method may be
continued.
(ii) Provided
further that, where the employer and the majority of employees concerned agree,
an alternative method of paying wages to that provided in subclauses (b) and
(c) of this clause may be introduced.
(4) Calculation of
Hourly Rate -
Except as provided in clause 7, Part-time Employment,
of this award and in paragraph (3) of this subclause, hourly rates shall be
calculated by dividing the appropriate weekly rate by 38.
37. Record of Time
Book
See Industrial
Relations Act 1996.
38. Junior Workers
(a) One junior
shall be allowed to every two adults or fraction thereof.
(b) No junior
shall be employed until he or she attains the age of fifteen years.
(c) Notwithstanding
anything herein contained, juniors receiving the adult wage prescribed for the
class of work being performed by them shall be counted as adults in calculating
the proportion of juniors but in calculating such wage, bonuses shall not be
considered as part of the wage:
Provided however that a junior classified by an employer as an adult
shall thereafter continue to be so classified both in his/her present or future
employment by the said employer and shall be entitled to the adult rate of pay
prescribed by this award.
39. Tools of Trade
(a) The employer
shall provide all tools of trade.
(b) An employer
may require any employee to sign a receipt for any tools issued to such
employee.
(c) An employee
who has been provided by the employer with facilities to lock up tools at the
end of each shift shall be held responsible for the safe custody of tools
issued to him/her and shall replace or pay for any tools so provided if lost
through his/her negligence.
40. Protective
Clothing
(a) Any employee
engaged on acid vats or on reclaiming or washing raw rubber or in wet places,
shall be supplied with an apron or overalls and rubber or other suitable boots
free of charge.
(b) Persons
engaged on carbon black operations who are entitled to the special rate
prescribed by subclause (c) of clause 14, Special Rates, shall be supplied with
two sets of overalls per year: Provided
that an employer in lieu of providing overalls may pay an overalls allowance as
set out at Item 13 of Schedule B to this Award for each day in respect of which
the employee is entitled to the special rate.
41. Union Business
Any member of the Committee of Management of the Union or
any member summoned by the Committee of Management may leave work to attend to
the business of the Union provided that at least three days' notice of such
intention shall have been given to the employer. Any employee so absent shall not be paid for the period of such
absence.
42. Union Officials
(a) The State
Secretary of the Union or any official hereunto authorised by the Union shall
not be prevented by an employer from visiting and conversing with the employees
working under this award in the dining room and/or change room or waiting room
(where provided) at meal times or before or after the hours of work.
(b) By arrangement
with the employer or his/her representative, a duly accredited Union official
shall have the right to visit and inspect any job at any time (in the presence
of the employer or his/her representative, should the employer so desire) when
work is being carried on, whether during or outside ordinary working hours, and
to interview employees covered by this award, provided that he/she does not
unduly interfere with the work in progress.
In each case, entry of a duly accredited Union official
shall be subject to the following conditions:
(i) That he/she
complies with all safety requirements whilst he/she remains on the premises;
(ii) that if any
employer alleges that an accredited Union official is unduly interfering with
his working establishment or is committing a breach of this clause, such
employer may refuse the right of entry, but the union shall have the right to
bring such refusal before the Industrial Relations Commission of New South
Wales and the Commission may thereupon rescind or otherwise deal with such
refusal.
(c) Any official
of the Union shall have access to any repair shop for the purpose of
interviewing any employee engaged therein.
43. Shop Stewards
An employee appointed shop steward in the factory, shop or
department in which he/she is employed shall, upon notification thereof to
his/her employer, be recognised as the accredited representative of the Union
to which he/she belongs. He/she shall
be allowed the necessary time during working hours to interview the employer or
his/her representative on matters affecting employees whom he/she represents.
Additionally, subject to obtaining prior permission from the
employer or his/her representative (such permission not to be unreasonably
withheld), the shop steward may be permitted to interview any employee during
working hours providing that such interview does not unduly interfere with the
said employee's normal duties.
44. Notice Boards
(a) A notice board
shall be provided in the dining room or in some other prominent position at the
works.
(b) Any notice
previously approved by the employer or his/her representative may be posted on
such notice board.
(c) A copy of this
award and every variation thereof shall be posted at the notice board provided
pursuant to subclause (a) of this clause not later than twenty-eight (28) days
after the date of issue of such award or variation thereof.
45. Waterproof
Garments
Notwithstanding anything elsewhere contained in this award
to the contrary the rates for table hands and machinists on waterproof garments
prescribed by this award shall be applicable only to persons employed by
employers who mill, spread and cure the rubber used by them in the manufacture
of rubber goods, or to persons employed by respondents who process plastic
material prior to making such material into plastic garments.
46. Redundancy
(i) Application
-
(a) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified by the parent award.
(b) This award
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) 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.
(ii) Introduction
of Change -
(a) Employer's
Duty to Notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities 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.
(b) Employer's
Duty to Discuss Change -
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a),
Employer's Duty to Notify, 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.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in this subclause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong, all relevant information about
the changes, including the nature of the changes proposed, the expected effects
of the changes on employees and any other matters likely to affect employees;
provided that any employer shall not be required to disclose confidential
information, the disclosure of which would adversely affect the employer.
(iii) Redundancy -
(a) Discussions
Before Terminations -
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone, pursuant to paragraph (a)
of subclause (ii), Introduction of Change, of this clause, and that decision
may lead to the termination of employment, the employer shall hold discussions
with the employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information, the disclosure of which would adversely affect the
employer.
(iv) Termination of
Employment -
(a) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from "production", "program",
"organisation" or "structure", in accordance with paragraph
(a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of
|
Period of Notice
|
|
Continuous Service
|
|
|
|
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Time Off
During the Notice Period -
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(c) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that, in such
circumstances, the employee shall not be entitled to payment in lieu of notice.
(d) 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.
(e) Notice to
Appropriate Government Agency - Where a decision has been made to terminate
employees, the employer shall notify the appropriate Government Agency 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.
(f) Department of
Social Security Employment Separation Certificate - The employer shall, upon
receipt of a request from an employee whose employment has been terminated,
provide to the employee an Employment Separation Certificate in the form
required by the Department of Social Security.
(g) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, 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 rates for the number of weeks of notice still owing.
(v) Severance Pay
-
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
(1) 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
|
(2) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 years of age and
over
|
|
|
Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(3) "Week's
Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments and shift penalties paid in accordance with the parent
award.
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
paragraph (a) will have on the employer
.
(c) 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 (a) if the employer obtains
acceptable alternative employment for an employee.
(vi) Procedures
Relating To Grievances - Grievances relating to individual employees will be
dealt with in accordance with Clause 7, Grievance and Disputes Procedure.
47. Enterprise
Agreements
(a) The union will
negotiate with employers the application of a more flexible approach to the
negotiation of award standards to suit the individual enterprise requirements
on the conditions contained within this clause.
(b) It is a term
of this award that an Enterprise Agreement shall override all or any parts of
this award only to the extent of the express inconsistency pursuant to paragraph
(c)(i) of this clause.
(c) For the
purposes of this award, an Enterprise Agreement shall mean one that complies
with the following conditions:
(i) Such
agreement shall not, in the context of a total package, provide for a set of
conditions of a lesser standard than that provided by the award with no
employee incurring an involuntary overall loss of income as a result of the
conditions provided for in such agreement.
(ii) The majority
of employees at each enterprise must genuinely agree to the implementation of
such agreement.
(iii) Any agreement
that goes beyond award provisions shall be subject to the approval of the union
and where the union does not approve such agreement either party may refer the
matter to the Industrial Relations Commission.
(iv) The union
shall not unreasonably oppose any agreement.
(v) All agreements
must be approved by the Industrial Relations Commission.
(vi) All agreements
shall expressly stipulate the sections of the award intended to be overridden
as a consequence of the agreement's operation.
48. Structural
Efficiency
Arising from the operation of this award and the wage
increases prescribed thereby the union agrees that it will meet a request from
any employer to test the new wage and classification structure prescribed by
clause 8, Wage Rates of this award.
NOTE: The
parties to this award acknowledge that the parties to the Rubber, Plastic and
Cable Making Industry General Award, 1998, an award of the Australian
Industrial Relations Commission and of which this award is a counterpart, have
tested the classification structure which will, form the schedule to this award
and the parties to that award have agreed that a further testing and transition
period is necessary. Accordingly the
parties to this award:
(i) accept in
principle that the descriptions of job functions within the new classification
structure contained in the schedule to this award are more broadly based,
skills based and generic in nature;
(ii) accept that
employees in the groups therein described are to perform a wider range of
duties, including work which is incidental or peripheral to their main tasks or
functions;
(iii) affirm that,
subject to agreement at enterprise level, employees are to undertake training
for a wider range of duties and for access to higher classifications;
(iv) will not create
barriers to advancement of employees within the award structure of through
access to training where it is consistent with the needs of the enterprise;
(v) will co-operate
in the transition from the old structure to the new structure in an orderly
manner without creating false expectations or disputations.
The parties to this award agree that an application shall be
made to the Rubber Workers (State) Industrial Committee to vary the
classification and wage structure prescribed by the said Clause 8 of this award
consequent upon any variation in the classification and wage structure
prescribed by the Rubber, Plastic and Cable Making Industry General Award,
1998, an award of the Australian Industrial Relations Commission.
49.
Anti-Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
3. Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal Jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth Anti-Discrimination Legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects any other Act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
50. Area, Incidence
and Duration
(a) This award
shall apply to all persons engaged or employed within the jurisdiction of the
Rubber Workers (State) Industrial Committee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Rubber
Workers (State) Award published dated 16 April 1999 (308 I.G. 967) and all
variations thereof.
(c) The award
published 16 April 1999 took effect from the beginning of the first pay periods
to commence on or after 17 March 1998 and the variations thereof incorporated
herein on the dates set out in the attached Schedule A.
(d) 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) are
set out in the attached Schedule B and take effect on 1 May 2001.
(e) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
APPENDIX "A"
WAGE RATES (ADULTS)
TABLE 1 ¾ WAGE
RATES
|
Classifications
|
Former Award Wage
Rate
(per week)
$
|
Minimum Award Wage
Rate
(Per Week)
SWC MAY 2000
$
|
|
Manufacturing/Production
Employee Level 1
|
385.40
|
400.40
|
|
Manufacturing/Production
Employee Level 2
|
402.00
|
417.00
|
|
Manufacturing/Production
Employee Level 3
|
424.60
|
439.60
|
|
Manufacturing/Production
Employee Level 4
|
445.50
|
460.50
|
|
Manufacturing/Production
Employee Level 5
|
464.70
|
479.70
|
|
Manufacturing/Production
Employee Level 6
|
477.20
|
492.20
|
|
Warehouse Worker Level 1
|
424.60
|
439.60
|
|
Warehouse Worker Level 2
|
445.50
|
460.50
|
|
Warehouse Worker Level 3
|
464.70
|
479.70
|
|
Warehouse Administration Officer
|
477.20
|
492.20
|
APPENDIX "B"
ALLOWANCES/SPECIAL RATES
|
Item No.
|
Clause No.
|
Subject
|
Amount
|
|
1
|
8(b)(i)
|
Leading Hand (3-10 employees)
|
$18.22 per week
|
|
2
|
8(b)(ii)
|
Leading Hand (10-20 employees)
|
$27.02 per week
|
|
3
|
8(b)(iii)
|
Leading Hand (more than 20 employees)
|
$35.51 per week
|
|
4
|
12(b)
|
Handling Carbon Black
|
63 cents per hour
|
|
5
|
12(c)
|
Installing or repairing belting underground in mines
|
19 cents per hour
|
|
6
|
12(d)
|
Working in a confined space
|
41 cents per hour
|
|
7
|
12(e)
|
Hot places - 46.1 Co - 54.4 Co
|
34 cents per hour
|
|
8
|
12(e)
|
Hot places - more than 54.4 Co
|
40 cents per hour
|
|
9
|
12(f)
|
Processing free coal dust
|
28 cents per hour
|
|
10
|
13(b)
|
First-aid attendant
|
$7.14 per week
|
|
11
|
23
|
Motor Vehicle Allowance
|
31 cents per km
|
|
12
|
25(a)
|
Meal Allowance
|
$7.60 per meal
|
|
13
|
40
|
Overalls Allowance
|
28 cents per day
|
Schedule a - Awards and Variations Incorporated
|
Clause
|
Award/Variation
Serial No.
|
Date of
Publication
|
Date of Taking
Effect
|
Industrial
Gazette
|
|
|
|
|
|
Vol.
|
Page
|
|
Rubber Workers (State) Award
|
B6579
|
16 April 1999
|
First Pay Period From:
17 March 1998
|
308
|
967
|
|
7A
|
B8291
|
12 May 2000
|
First Pay Period From:
3 June 1999
|
315
|
748
|
|
Clause 8A, Appendix A, Appendix B
|
B8554
|
17 March 2000
|
First Pay Period From:
2 October 1999
|
314
|
276
|
|
Clause 8A, Appendix A, Appendix B
|
B6880
|
25 June 1999
|
First Pay Period From:
2 October 1998
|
309
|
939
|
Schedule B - Changes Made on Review
Date of Effect: 1 May
2001
Provisions Modified:
|
CLAUSE
|
PREVIOUS FORM OF
CLAUSE
LAST PUBLISHED AT:
|
|
|
I.G. Vol.
|
Page
|
|
AWARD: Rubber
Workers (State) Award
|
|
|
|
1
|
308
|
967
|
|
2
|
308
|
967
|
|
3
|
308
|
967
|
|
4
|
308
|
967
|
|
5
|
308
|
967
|
|
6
|
308
|
967
|
|
7
|
308
|
967
|
|
8
|
308
|
967
|
|
9
|
308
|
967
|
|
10
|
308
|
967
|
|
11
|
308
|
967
|
|
12
|
308
|
967
|
|
13
|
308
|
967
|
|
14
|
308
|
967
|
|
15
|
308
|
967
|
|
16
|
308
|
967
|
|
17
|
308
|
967
|
|
18
|
308
|
967
|
|
19
|
308
|
967
|
|
20
|
308
|
967
|
|
21
|
308
|
967
|
|
22
|
308
|
967
|
|
23
|
308
|
967
|
|
24
|
308
|
967
|
|
25
|
308
|
967
|
|
26
|
308
|
967
|
|
27
|
308
|
967
|
|
28
|
308
|
967
|
|
29
|
308
|
967
|
|
30
|
308
|
967
|
|
31
|
308
|
967
|
|
32
|
308
|
967
|
|
33
|
308
|
967
|
|
34
|
308
|
967
|
|
45
|
308
|
967
|
|
36
|
308
|
967
|
|
37
|
308
|
967
|
|
38
|
308
|
967
|
|
39
|
308
|
967
|
|
40
|
308
|
967
|
|
41
|
308
|
967
|
|
42
|
308
|
967
|
|
43
|
308
|
967
|
|
44
|
308
|
967
|
|
45
|
308
|
967
|
|
46
|
308
|
967
|
|
47
|
308
|
967
|
|
48
|
308
|
967
|
|
49
|
308
|
967
|
|
50
|
308
|
967
|
|
7A
|
315
|
748
|
|
8A, Appendix A
& B
|
314
|
276
|
R. J. PATTERSON, Commissioner.
.
RUBBER WORKERS (STATE) INDUSTRIAL COMMITTEE
INDUSTRIES AND CALLINGS
All persons engaged in the State, excluding the Country of
Yancowinna -
(i) in the
manufacture or repair or in processes associated with the manufacture or repair
of rubber, rubber goods, or components, or in the manufacture of goods
consisting substantially of rubber or gutta-percha or synthetic rubber and
laying of rubber linos;
(ii) in the
insulating of cables and wire or other similar articles with rubber, or with
fabric containing rubber or rubber mixture and/or substitutes therefor;
(iii) in the
impregnating, insulating, or spreading of all classes of fabric (including
leather cloth) with rubber or substitutes for rubber;
(iv) in the
handling, preparation, manufacture or repair in the rubber industry of
duperite, bakelite, or other plastics or substitutes therefor and/or goods made
therefrom and/or goods in the manufacture of which in such industry the
beforementioned plastics or substitutes are used;
(v) in or about
the manufacture of composition cricket balls; and
(vi) by employers
whose main business is the manufacture or repair of rubber tyres, in the
fitting of such tyres;
excepting employees of -
The Council of the City of Newcastle;
The Commissioner for Motor Transport;
State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
Metal Manufactures Limited in and about the company's works at
Port Kembla;
and excepting also -
Employees engaged in plastic moulding in synthetic
resin or similar materials and preparation of powders and tablets when prepared
in association with such mouldings otherwise than in the rubber industry or in
an industry which manufactures goods by plant and equipment which is normal to
the rubber industry;
and excepting also -
Employees within the jurisdiction of the Saddlery,
Leather, Canvas and Plastic Material Workers, &c. (State) Industrial
Committee.
____________________
Printed by the authority of the Industrial Registrar.