ROCK AND ORE MILLING AND REFINING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC6041 and 6045 of 1999 and 1244 of 2001)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Hours 

2.         Recognised Meal Break

3.         Wages

4.         Overtime

5.         Call Back

6.         Classification System

7.         Training

8.         Multi-skilling

9.         Payment of Wages

10.       Holidays

11.       Respirators, Protective Clothing, etc.

12.       Change Room

13.       First-aid

14.       Lavatory Accommodation

15.       Sick Leave

16.       Contract of Employment

17.       Annual Leave

18.       Annual Holidays Loading

19.       Long Service Leave

20.       Mixed Functions

21.       Grievance Procedures

22.       Bereavement Leave

23.       Jury Service

24.       Redundancy

25.       Training Wage

26.       Personal/Carer's Leave

27.       Superannuation

28.       Anti-Discrimination and Harassment

29.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

PART C - INDUSTRY/SKILL LEVEL RATES

 

Table 1 - Weekly Rates Industry/Skill Level A

Table 2 - Weekly Rates Industry/Skill Level B

Table 3 - Weekly Rates Industry/Skill Level C

Table 4 - Weekly Rates School Based Traineeships

Table 5 - Hourly Rates for Trainees Who Have Left School

Table 6 - Hourly Rates for School Based Traineeships

 

Appendix A - Industry/Skill Levels

 

PART A

 

1.  Hours

 

(i)         Day Workers -

 

(a)       

 

(i)         The ordinary working hours shall average 38 per week and be between 6.00 a.m. and 6.00 p.m., Monday to Friday.

 

(ii)        Ordinary hours worked may be increased by agreement between the employer and the majority of employees concerned from eight hours up to ten per day.

 

(iii)       Ordinary hours are to be paid at single time."

 

(b)        The methods of implementation referred to in paragraph (a) of this subclause, shall be any one of the following:

 

(1)        by employees working less than eight ordinary hours per day; or

 

(2)        by employees working less than eight ordinary hours on one or more days each week; or

 

(3)        by fixing one day on which all employees will be off during a particular work cycle; or

 

(4)        by rostering employees off on various days of the week during a particular work cycle.

 

(c)        However, unless stated otherwise in this award, not less than seven days notice shall be given to weekly employees of a rostered day off.

 

(d)        Where a rostered day off falls on a public holiday as prescribed in clause 10, Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle or the next cycle is agreed upon between the employer and an employee.

 

(ii)        Shift Workers -

 

(a)        The average ordinary working hours of shift workers shall be fixed by mutual agreement between the employer and the employees but shall not exceed 38 hours per week or 76 hours in 14 consecutive days or 114 hours in 21 consecutive days or 152 hours in 28 consecutive days.

 

(b)        Shifts shall be rostered so as to provide for a weekly change of shifts.

 

(c)        Shift workers shall be allowed 20 minutes per shift crib time which shall be counted as time worked.

 

(d)        By written agreement between an employer and The Australian Workers' Union, New South Wales, ordinary hours exceeding ten but not exceeding 12 on any day may be worked, subject to:

(1)        the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12-Hour Shifts;

 

(2)        proper health and monitoring procedures being made; and

 

(3)        proper supervision being provided.

 

(iii)       Method of Implementation - In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned.

 

2.  Recognised Meal Break

 

(i)         A period of at least 30 minutes and not more than one hour shall be allowed for meals. The recognised meal break in which such meal period can be taken shall be between 11.00 a.m. and 2.00 p.m.

 

The recognised meal break is to be taken in a manner so as to minimise disruption to the production process and can be taken when directed by the employer, provided that the taking of such meal break falls within the recognised meal break period.

 

(ii)        No employee shall work for more than five hours without a suitable interval for a meal.

 

3.  Wages

 

(i)         The minimum rates of wages payable to adult employees of any classification shall be the rates per week prescribed for that classification as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

In addition to the rates appearing in this subclause, a disability allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, will be payable for all purposes of the award.

 

(ii)        Shift workers on day, afternoon and night shifts shall be paid as set out in Item 2 of the said Table 2 extra per shift.

 

(iii)       Shift workers on permanent afternoon or night shifts shall be paid as set out in Item 3 of Table 2 extra per shift, provided that such allowance shall not be claimed where an employee has requested a permanent afternoon or night shift.

 

(iv)       The minimum rate to be paid to any shift workers for rostered work performed between midnight on Friday and midnight on Saturday shall be time and one-half; such extra rate to be in substitution for and not cumulative upon the shift work allowances prescribed in subclauses (ii) and (iii) of this clause. All time worked by shift workers on holidays shall be paid for at double the ordinary rate of pay and, for ordinary shift of eight hours work on Sunday, shall be paid one and three-quarter times the ordinary rate, such extra rate to be in substitution for and not cumulative upon the shift work allowances prescribed in subclauses (ii) and (iii) of this clause.

 

(v)        Leading Hands - An employee who has been placed in charge of other employees shall be paid an additional amount per day or shift as set out in Item 4 of Table 2.

 

(vi)       Casual Employees -

 

(a)        A casual employee for ordinary working time shall be paid per hour one thirty-eighth of the weekly rate for the work which the employee performs, plus 15 per cent, with a minimum payment of four hours per day.

 

(b)        In addition to this, a casual employee, for ordinary working time, shall be paid an extra one-twelfth of the casual hourly rate in lieu of annual leave, as provided for by the Annual Holidays Act 1944.

 

(vii)      The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case increases, and minimum rates adjustments.

 

4.  Overtime

 

(i)         All work done before the usual starting time or after the usual ceasing time shall be overtime and shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

 

(ii)       

 

(a)        All time worked on Sunday shall be paid for at the rate of double time, with a guarantee of four hours pay for each start.

 

(b)        All time worked on holidays as prescribed by clause 10, Holidays, shall be paid for at the rate of double time and a half with a guarantee of four hours pay for each start.

 

(iii)       An employee, required to work overtime for more than one hour after ordinary ceasing time and who has not been notified before leaving work on the previous day or earlier that the employee would be required to work such overtime, shall either be supplied with a meal or paid in lieu thereof the sum as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iv)      

 

(a)        When overtime is worked it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

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

 

(c)        If, on the instructions of the employer, such employee resumes work without having had ten consecutive hours off duty, the employee shall be paid at double time rates until relieved from duty to take such rest period. Further, the employee shall then be entitled to be absent until they have had ten consecutive hours of duty, without deduction of pay for time off duty occurring during such absence.

 

5.  Call Back

 

An employee who is recalled to work after leaving the employer's premises shall be paid a minimum of four hours at overtime rates.

 

6. Classification System

 

Production Operator Level 1 (83%) - Entry Requirements - An employee at this level will have no previous experience in the mining and processing industry but will be required to have basic literacy skills so as to understand and follow basic, written and verbal instructions and check and record elementary information. A Level 1 operator shall receive training in Basic Induction, Plant Layout and all aspects of Occupational Health and Safety. They shall also be required to pass an appropriate pre-employment examination.

 

Characteristics - Employees at this level will normally perform unskilled labouring tasks and their duties will be performed under close supervision, given that the level of supervision may decrease commensurate with the levels of skills and experience required.

 

Duties at this level are generally manual in nature and offer opportunity for training and development on equipment and machinery essential to the area of work.

 

Indicative typical duties which employees at this level will perform include:

 

general labouring, housekeeping and elementary tasks from verbal and/or written instructions;

 

performing routine and elementary pre-operational equipment checks (e.g., check tyres, oil, fuel, etc.);

 

assisting other employees at this or other levels to the extent of experience acquired or training received;

 

taking action to reduce waste by correcting faults and/or advising Team Leader;

 

other tasks as directed and in accordance with the level of training received.

 

Production Operator Level 2(89.9%) - Entry Requirements - An employee at this level will have previous experience of at least 12 months as a Production Operator Level 1.

 

In addition, this position requires the ability and licenses necessary to operate a front end loader.

 

Characteristics - An employee at this level may be called upon to perform all activities associated with a Level 1 Operator. In addition however, a Level 2 Operator will normally be primarily responsible for the handling of crudes in the yard and will involve the following activities:

 

daily safety inspection of the loader;

 

licensed Fork Lift Operator;

 

receipt and visual inspection of crude deliveries;

 

storage of crudes into bays;

 

feeding of all mills with crudes;

 

operation of the sand plant;

 

cleaning of elevator pits and work area.

 

Production Operator Level 3 (92.4%) - Entry Requirements - An employee at this level will have satisfactorily completed Basic Induction, Orientation and General Safety Training.

 

The employee will be able to competently perform all labouring and equipment/machine operations with minimum supervision.

 

Characteristics - An employee at this level shall be able to perform general labouring and all tasks as required at Operator Level 2. A Level 3 Operator shall display competencies in a range of functions including:

 

performing lower level tasks;

 

general store/stockpile work as required for the correct storage/handling of company products at a particular site;

 

sort, check and use various bulk bags;

 

brand product bags;

 

shrink wrap application;

 

general cleaning duties including the cleaning out of elevator pits fitters, packers, feed tanks, compounds, etc.;

 

complete clean down procedures to enable grade during processing runs;

 

feed crudes to the mills;

 

basic fault finding and minor breakdown and preventative maintenance, including repairs and servicing;

 

other tasks as directed and in accordance with the level of training received;

 

act as Team Leader in the absence of nominated full-time Team Leader.

 

Team Leader Level 1 (100%) - Entry Requirements - An Operator at this level shall be a highly skilled employee who is able to completely perform all lower grade tasks and shall have responsibility for all Operators on their shift. Experience as a Operator Level 2 is considered highly desirable.

 

Characteristics - The Team Leader Level shall:

 

have supervisory responsibility for all employees on their shift and shall be the principal trainer of employees at lower grades;

 

be competent in all skills required to safely operate the plant and be competent in the operation of all mobile equipment and mobile tools pertaining to the particular site;

 

understand and adhere to all Occupational Health and Safety requirements so as not to cause injury to themselves or other workers and ensure adherence by those under their supervision.

 

Indicative typical duties include:

 

overall control of operation of mills, crushers and packaging equipment;

 

execution of milling schedules;

 

receipt and inspection of raw materials.

 

7.  Training

 

Employees may be required to undertake training for a wider range of duties and/or access to higher skill levels as detailed in the classification structure and assist in the implementation of Structural Efficiency negotiations.

 

8.  Multi-Skilling

 

(a)        The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the industry.

 

(b)        Employees shall perform work which is incidental or peripheral to their main tasks or functions and is within the scope of their skills and competence.

 

(c)        Discussions shall take place at the enterprise with the view to allowing workers to perform a wider range of tasks and towards the removal of demarcation barriers.

 

 

 

9.  Payment of Wages

 

(i)         Except Where Otherwise Agreed Upon Between the Majority of the Employees and the Employer, Wages Shall be Paid Weekly on the Same Day Each Week Within 15 Minutes of Leaving Work and Any Employee Kept Waiting Beyond 15 Minutes Shall be Paid Overtime Rates for the Time Kept Waiting Beyond the Said 15 Minutes.

 

(ii)        When an employee's services are terminated by the employer for reasons other than misconduct, the employee shall be paid immediately all wages due. If an employee is kept waiting at the employer's premises for such payment, they shall be paid at the rate of the classification under which they were last employed at ordinary working time until payment is made.

 

(iii)       Where the employment is terminated by reason of the employee's misconduct, the employee shall be paid all wages due to the employee within 24 hours of such termination.

 

(iv)       Payment of wages may be made by cheque or by electronic funds transfer to an individual employee's account at a financial institution mutually agreed upon, in the following cases:

 

(a)        where the majority of employees and the employer agree;

 

(b)        by individual agreement between an employer and any particular employee;

 

(c)        at the employer's discretion, for any new employee employed after 30 June 1992.

 

(v)        Overtime shall be paid within a week from the pay day succeeding the day or days on which such overtime becomes due. Provided that where wages are paid fortnightly, overtime shall be paid within the fortnight from the pay day succeeding the day or days on which such overtime became due.

 

10.  Holidays

 

(i)         Payment (to the amount which would ordinarily have been paid had the day been a working day) shall be made for the following days or the days upon which they are observed: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day, and any other day gazetted or proclaimed as a public holiday within the State.

 

(ii)       

 

(a)        The first Monday in March in each year shall also be a holiday as the picnic day of The Australian Workers' Union, New South Wales, provided that one month's notice of the intention to hold a picnic shall have been given to Australian Business (Industrial).

 

(b)        Employees not required to work on the said picnic day shall be paid for the holiday at the ordinary rates of pay prescribed in clause 3, Wages.

 

(c)        Employees required to work on the picnic day shall be paid at the rate of double time and one-half for a minimum of four hours.

 

(d)        An employer may require from an employee evidence of attendance at the picnic and the production of the butt of the picnic ticket issued for the picnic shall be sufficient evidence of attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.

 

(iii)       No deduction shall be made from the wages of a weekly hand for holidays not worked and, if work is done on a holiday, the employee shall be paid at the rate of double time and a half for the time worked, with a guarantee of four hours' pay.

 

(iv)       When an employee is absent from employment on the working day before or after a holiday without reasonable excuse or without the employer's consent, the employee shall not be entitled to payment for such holiday.

 

11.  Respirators, Protective Clothing, Etc.

 

(i)         Where necessary, the employer shall provide, free of charge, safety helmets, goggles, gloves, respirators, or aprons, and employees shall use such equipment when working on tasks for which the equipment is issued.

 

(ii)        Where necessary, suitable waterproof clothing, including gum boots, shall be provided free of charge by the employer for the use of employees.

 

(iii)       All equipment issued in accordance with this clause shall remain the property of the employer and shall be returned to the employer on demand, and in any event of termination of employment.

 

(iv)       the Employer Shall be Entitled to Deduct from Any Moneys Due to an Employee the Reasonable Value of Such Equipment, If the Employee Fails to Return It.

 

12.  Change Room

 

A change room, equipped with hot and cold shower baths, shall be provided for employees. Such room shall not be used for any purpose other than that for which it is provided.

 

13.  First-Aid

 

(i)         A first-aid outfit shall be provided by the employer at all works to which this award applies (see Factories, Shops and Industries Act 1962).

 

(ii)        An employee appointed by the employer to perform first-aid duty shall be paid per day or shift an amount as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to ordinary rates.

 

14.  Lavatory Accommodation

 

The employer shall provide all necessary and suitable sanitary accommodation and provide attention thereto. The employer shall also provide sufficient and proper materials to keep the sanitary appliances innocuous.

 

15.  Sick Leave

 

(i)         An employee after three months' service shall be entitled to 38 hours sick leave during the first 12 months of employment and shall be entitled to 76 hours sick leave in the second and subsequent years of service with the same employer.

 

(ii)        Any sick leave not taken in a year shall be cumulative and may be taken by an employee in addition to the sick leave to which the employee may be entitled in any one year.

 

(iii)       An employee, if required by the employer, shall produce satisfactory evidence as to the employee’s sickness and shall, as soon as possible, notify the employer of the employee’s sickness.

 

16.  Contract of Employment

 

(i)         Subject as provided elsewhere in this award, employment shall be on a weekly basis.

 

(ii)        Employment of employees on probation for the first two weeks of service shall be from day to day at the weekly rate fixed, determinable at a day's notice.

 

(iii)       Employees shall perform such work as the employer shall from time to time reasonably require. An employee not attending for or not performing their duty shall lose pay for the actual time of such non-attendance or non-performance.

 

(iv)       Employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be.

 

(v)        This clause shall not affect the right of the employer to deduct payment for any day or portion thereof during which the employee cannot be employed usefully because of any strike or through any breakdown of machinery or due to any cause for which the employer cannot be reasonably held responsible.

 

(vi)       The engagement of a casual hand may be terminated at any time.

 

17.  Annual Leave

 

See Annual Holidays Act 1944.

 

18. Annual Holidays Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(a)        An employee who is entitled, under the Act, to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to the employee under the Act, such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close down as the qualifying period of employment in completed weeks bears to 52.

 

(ii)       

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee has become entitled the employee shall be paid a loading calculated in accordance with subclause (v) of this clause for the period not taken.

 

(b)        Except as provided in paragraph (a) of this subclause, no loading is payable on termination of an employee's employment.

 

(iii)       This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday which the employee has become entitled, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing the employee’s annual holiday, together with leading hand allowances.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rates of wages payable on that day.

 

19.  Long Service Leave

 

See Long Service Leave Act 1955.

 

20.  Mixed Functions

 

An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than the employee’s ordinary classification shall be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift the employee shall be paid the higher rate for the time so worked.

 

21.  Grievance Procedures

 

The procedure for the resolution of industrial disputation will be in accordance with the Industrial Relations Act 1996. These procedural steps are:

 

(i)         Procedure relating to a grievance of an individual employee:

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedure for a dispute between an employer and the employees:

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

22. Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to a maximum of two days bereavement leave without deduction of pay on each occasion of the death of a person in Australia 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.

 

(iii)       Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph 26.1.3 of subclause 26.1 of clause 26, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(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 26.2, 26.3, 26.4, 26.5 and 26.6 of the said clause 26.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

23.  Jury Service

 

An employee on weekly hiring required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury services and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. The employee shall notify the employer as soon as practicable of the date upon which the employee is required to attend for jury service and shall provide the employer with proof of attendance, the duration of such attendance and the amount received in respect thereof.

 

24.  Redundancy

 

(A)       Application -

 

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

 

(ii)        In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause (C), Redundancy, of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's 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.

 

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

 

(B)       Introduction of Change -

 

(i)         Employer's duty to notify

 

(a)        Where an employer has made a definite decision to introduce major changes in production, 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.

 

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

 

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

 

(ii)        Employer's duty to discuss change -

 

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

 

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

 

(c)        For the purpose of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(C)       Redundancy -

 

(i)         Discussions before terminations -

 

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

 

(b)       The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (a) 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.

 

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

 

(D)       Termination of Employment -

 

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

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

 

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

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

 

(ii)        Notice for technological change - This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (i) of the said subclause (B).

 

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

 

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

 

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

 

(iii)       Time off during the notice period -

 

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

 

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

 

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

 

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

 

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

 

(vii)      Centrelink 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 Centrelink.

 

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

 

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

 

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

 

Years of service	Under 45 years of age entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

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

 

Years of service	45 years of age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with clause 3, Wages.

 

(ii)        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 (i) 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 paragraph (i) of this subclause will have on the employer.

 

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

 

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

 

25.  Training Wage

 

(A)       Application -

 

(i)         Subject to subclause (iii), this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with any former industrial agreement or instrument of the Industrial Relations Commission of New South Wales which covers the terms and conditions of employment of persons performing work covered by this award.

 

(ii)        Notwithstanding (i) the clause shall apply provisionally for an interim period:

 

(a)        Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been ledged with the Relevant NSW Training Authority; and

 

(b)       Ending upon the expiry of one calendar month period immediately following the employer’s receipt of the Training Agreement Papers for the Relevant NSW Training Authority.

 

In any case the duration for which this clause may provisionally apply shall be no longer than two calendar months, or such longer period as may be required to accommodate a delay in processing the "Application to Establish a Traineeship" which is beyond the control of the employer.

 

(iii)       The terms and conditions of this award or any former industrial agreement of the Industrial Relations Commission of New South Wales shall apply, except where inconsistent with this clause.

 

(iv)       Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award prior to the date of approval of a Traineeship relevant to the employer, except where agreed upon between the employer and the Australian Workers’ Union, New South Wales.

 

(v)        This award does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 27 April 1998 or in an award that binds the employer.

 

(vi)       At the conclusion of the traineeship, this clause shall cease to apply to the employment of the trainee and the provisions otherwise prescribed in this award shall apply to the former trainee.

 

(B)       Objective - The objective of this clause is to assist win the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees.  Nothing in this clause shall be taken to replace the prescription of training requirements otherwise prescribed in this award.

 

(C)       Definitions - Structured training means the training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority. Structured training may include both on and off-the-job training. It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both practical and theoretical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in subclause (D)(vi).

 

Relevant union means the Australian Workers’ Union, New South Wales.

 

Trainee is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job. A trainee can be full-time, part-time or school-based.

 

Traineeship means a system of training which has been approved by the relevant NSW Training Authority, and includes full time traineeships and part time traineeships including school-based traineeships.

 

Training Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Training Act 1989. (Note: Under the Industrial and Commercial Training Act a training agreement is also referred to as a Training Agreement).

 

School-Based Trainee is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

 

Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.

 

Year 10 for the purpose of this clause, means that any person leaving school before completing year 10 shall be deemed to have completed Year 10.

 

(D)       Training Conditions -

 

(i)         The trainee shall attend an approved training course or training programme as prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.

 

(ii)        A Traineeship shall not commence until the relevant Training Agreement has been signed by the employer and by the trainee and lodged for registration with the Relevant NSW Training Authority.

 

(iii)       The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the trainee received the appropriate on-the-job- training.

 

(iv)       The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.

 

(v)        The employer agrees that the overall training programme will be monitored by officers of the Relevant NSW Training Authority and training records or work books may be utilised as part of this monitoring process.

 

(vi)       Training shall be directed at:

 

(1)        the achievement of key competencies required for successful participation in the workplace (e.g., literacy, numeracy, problem solving, team work, using technology), and an Australian Qualification Framework Certificate Level I.

 

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

 

(2)        the achievement of key competencies required for successful participation in an industry or enterprise (Where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.

(E)        Employment Conditions -

 

(i)         A trainee shall be engaged as a full-time employee for a maximum of one year’s duration or a part-time trainee for a period no greater than the equivalent of one year full time employment.

 

For example, a part-time trainee working 2 ½ days per week (including time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.

 

In any event, unless the Relevant NSW Training Authority directs otherwise, the maximum duration for a traineeship shall be thirty-six months.

 

By agreement in writing, and with the consent of the Relevant NSW Training Authority, the relevant employer and the trainee may vary the duration of the traineeship and the extent of structured training, provided that any agreement to vary is in accordance with the relevant Traineeship.

 

(ii)        A trainee shall be subject to a satisfactory probation period of up to one month, which may be reduced at the discretion of the employer.

 

(iii)       Where the trainee completes the qualification in the Training Agreement earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.

 

(iv)       A Traineeship shall not be terminated before its conclusion, except in accordance with the Industrial And Commercial Training Act 1989 or by mutual agreement.

 

An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.

 

(v)        The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training in accordance with the Training Agreement.

 

(vi)       Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any entitlements accrued pursuant to this award or any other legislative entitlements.

 

(vii)     

 

(a)        The Traineeship Agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.

 

(b)       Trainees shall not work overtime or shift work on their own unless consistent with the provisions as set out otherwise in this award.

 

(c)        No trainee shall work shift work unless the relevant parties to the making of this award agree that such shiftwork makes satisfactory provision for approved training.  Such training may be applies over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.

 

(d)       The trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates as prescribed otherwise in this award.

 

(viii)     All other terms and conditions of this award that are applicable to the trainee, or would be applicable to the trainee but for this clause, shall apply unless specifically varied by this clause.

 

(ix)       A trainee who fails to either complete the traineeship or who cannot, for any reason, be placed in full-time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payment.

 

(x)        The following employment conditions apply specifically to part-time and school-based trainees.

 

(a)        A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full time trainee.  All the provisions of this clause shall apply to part-time trainees except as specified in this subclause.

 

(b)       A part-time trainee may, by agreement, transfer from a part-time to a full time traineeship position should one become available.

 

(c)        The minimum daily engagement periods for part-time trainees shall be 3 continuous hours per occasion, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

 

(1)        a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or

 

(2)        the place of work is within a distance of 5km from the employee’s place of residence.

 

(d)       School-based trainees shall not be required to attend work or training during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.

 

(e)        For the purposes of this clause, a school-based trainee shall become in ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

 

(F)        Wages -

 

(i)         The weekly wages payable to full-time trainees shall be as follows:

 

Industry/Skill Level A	Table 1
Industry/Skill Level B	Table 2
Industry/Skill Level C	Table 3
School-Based Trainees	Table 4

 

(ii)        These wage rates prescribed by this clause will only apply to trainees while they are undertaking an approved traineeship which includes structured training as defined in this clause.

 

(iii)       The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.

 

(iv)       The rates of pay in this award include the adjustments payable under the state Wage Case of May 2000. These adjustments may be offset against:

 

(a)        Any equivalent overaward payments; and/or

 

(b)       Award wage increases since 29 May 1991 other that safety net, State Wage Case, and minimum rates adjustments.

 

(v)        Appendix A - Industry/Skill Levels, of Part C, sets out the skill level of a traineeship. The industry/Skill levels contained in Appendix A are illustrative of the appropriate levels but are not determinative of the actual skill levels (i.e., skill levels A, B or C), that may be contained in a Traineeship Scheme. The determination of the appropriate skill level for the purpose of determining the appropriate wage shall be based on the following criteria:

 

(1)        Any previous agreement of the parties

 

(2)        the nature of the industry;

 

(3)        the total training plan;

 

(4)        recognition that training can be undertaken in stages;

 

(5)        the exit skill level in the this award contemplated by the traineeship.

 

(vi)       For the purposes of this provision "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

 

(1)        include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

 

(2)        include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;

 

(3)        not include any period during a calendar year in which a year of schooling is completed; and

 

(4)        Have effect on an anniversary date, being January 1 in each year.

 

(G)       Wages for Part Time /School Based Traineeships -

 

(i)         This subclause shall apply to trainees who undertake a traineeship on a part-time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

 

(ii)        The rates set out in Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-base Traineeships of Part C, Industry/Skill Level Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38-hour week.

 

(iii)       The hours for which payment shall be made are determined as follows:

 

(a)        Where the structured training for a traineeship (including a school based traineeship) is provided off-the-job by a Registered Training Organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on the job.

 

(b)       Where the structured training is under taken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in structured training is 20% (i.e., the same as for the equivalent full time traineeship):

 

(1)        If the training is solely on-the-job, then the total hours on the job shall be multiplied by the applicable hourly rate, and then 20% shall be deducted

 

(2)        If the training is partly on-the-job and partly off-the-job, then the total of all the hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20% shall be deducted.

 

NOTE:  20 % is the average proportion of time spent in structured training which has been taken into account in setting the wage rates for most full time traineeships.

 

(c)        Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time weekly hours.

 

(iv)       General Formula - For traineeships not covered by subclause (b) above, the following formula for the calculation of wage rates shall apply:

 

The wage rate shall be pro-rata the full time rates based on variation in the amount of training and/or amount of work over the period of the traineeship which may be varied on the basis of the following formula.

 

Wage =  Full time wage rate  ´  Trainees hours - average weekly training time

                                                                                                     30.4*

 

*Note: 30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full time trainees (i.e., 20%).  A pro rata adjustment will need to be made in the case where the award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

(iii)       "Full time wage rate" means the appropriate wage rate as set out in Tables 1, 2, 3 and 4 of Part C - Industry/Skill Level Rates of Part C.

 

(iv)       "Trainees hours" shall be the hours worked per week including the time spent in structured training. For the purpose of this definition the time spent in approved vocational training may be taken as an average for that particular year of the traineeship.

 

(v)        "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:

 

Average weekly training time =                     7.6        ´          12                    

Length of Traineeship in months

 

NOTE 1:          7.6 in the above formula represents the average weekly training time for a full-time trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in the case where the award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

NOTE 2:          The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including on the job work experience and demonstration of competencies. The parties also note that this would result in the equivalent of a full day’s on the job work per week.

 

Example of the calculation for the wage rate for a part time traineeship

A school student commences a traineeship in Year 11. The ordinary hours of work in the relevant award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.

"Average weekly training time" is therefore  7.6 ´ 12 = 3.8 hours

24

"Trainee hours" totals 15 hours, these are made up of 11 hours work which is worked over two days of the week plus 1 - 1¤2 hours on the job training plus 2 - 1¤2 hours off the job approved training at school and at TAFE.

So the wage rate in Year 11 is :

$187  ´  (15 - 3.8)     = $68.89 plus any applicable penalty rates under this award

30.4

The wage rate varies when the student completes Year 11 and passes the anniversary date of 1 January the following year to begin Year 12 and/or if "trainee hours" changes.

 

(H)       Grievance Procedures -

 

(i)         Procedure relating to grievances of individual trainees: -

 

(1)        A trainee shall notify the employer as to the substance of any grievance and request a meeting with the employer for bilateral discussions in order to settle the grievance.

 

(2)        If no remedy to the trainee's grievance is found, then the employee shall seek further discussions and attempt to resolve the grievance at a higher level of authority, where appropriate.

 

(3)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(4)        At the conclusion of the discussions, the employer must provide a response to the trainee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage an employer or a trainee may involve an employer organisation or union of which he/she is a member.

 

(5)        If no resolution of the trainee’s grievance can be found, then:

 

(a)        If the dispute relates to issues of training then the matter may be referred to the NSW Commissioner for Vocational Training in accordance with the Industrial and Commercial Training Act 1989; or

 

(b)        If the dispute relates to industrial issues then the matter may be referred to the Industrial Relations Commission of New South Wales by either that employer, an industrial organisation of employers or a union representing the trainee.

 

(6)        Whilst this grievance procedure is being followed, normal work shall continue.

 

(ii)        Procedures relating to disputes, etc. between employers and their trainees:

 

(1)        A question, dispute or difficulty must initially be dealt with at the workplace level where the problem has arisen. If the problem cannot be resolved at this level, the matter shall be referred to a higher level of authority.

 

(2)        If no resolution can be found to the question, dispute or difficulty, the matter may be referred to the Industrial Relations Commission of New South Wales by any party to the dispute or the industrial organisation representing any of the parties to the dispute.

 

(3)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(4)        While a procedure is being followed, normal work must continue.

 

(5)        The employer may be represented by an industrial organisation of employers and the trainees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

26.  Personal/Carer's Leave

 

26.1      Use of Sick Leave -

 

26.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph 26.1.3 of this subclause 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 15, 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.

 

26.1.2   The employee shall, if required, establish, either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

(c)        a child or an adult child (including an adopted child, a stepchild, 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.

 

26.1.4   An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

26.2      Unpaid Leave for Family Purpose -

 

26.2.1   An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph 26.1.3 of subclause 26.1 who is ill.

 

26.3      Annual Leave -

 

26.3.1   An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.

 

26.3.2   Access to annual leave, as prescribed in paragraph 26.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

26.3.3   An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

26.4      Time Off in Lieu of Payment for Overtime -

 

26.4.1   An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

26.4.2   Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

26.4.3   If, having elected to take time as leave in accordance with paragraph 26.4.1 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. Where no election is made in accordance with the said paragraph 26.4.1, the employee shall be paid overtime rates in accordance with the award.

 

26.5      Make-up Time -

 

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

 

26.5.2   An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

26.6      Rostered Days Off -

 

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

 

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

 

26.6.3   An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

26.6.4   This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

27.  Superannuation

 

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

 

(ii)        The employer shall be a participating employer in any of the following funds:

 

Australian Public Superannuation (APS).

 

Australian Superannuation Savings Employment Trust (ASSET),

 

or such other funds that comply with the requirements of the legislation contained in subclause (I) above and shall participate in accordance with the Trust Deed of that fund.

 

(iii)       The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

 

NOTATION: Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will increase to 8% and a final adjustment of  9% from 1st July 2002.

 

(iv)       The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.

 

(v)        An employee may make contributions to the fund in addition to those made by the employer.

 

(vi)       An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

 

(vii)      An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.

 

(viii)     All contributions shall be made at the completion of each calendar month.

 

(ix)       Ordinary time earnings shall be defined as including:

 

(a)        Award classification rate.

 

(b)        overaward payment.

 

(c)        Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime

 

(d)        Casual loading in respect to casual employees including 1/12 Annual Holiday Loading.

 

(x)        Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

 

28.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age.

 

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

 

(d)        A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

NOTE:

 

1.          Employers and Employees may also be subject to commonwealth anti-discrimination legislation

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

 

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

 

29.  Area, Incidence and Duration

 

This award shall take effect from the first pay period to commence on or after 28 August 1997 and shall remain in force thereafter for a period of twelve months.

 

It shall apply to employees of the classes specified in this award, excepting employees of Omya Southern Pty Ltd, within the jurisdiction of the Rock and Ore Milling and Refining (State) Industrial Committee within the State of New South Wales, excluding the County of Yancowinna.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Rock and Ore Milling and Refining (State) Award published 11 September 1998 (306 I.G. 610), and all variations thereof, and rescinds and replaces the Rock and Ore Milling and Refining Redundancy (State) Award published 7 April 1995 (284 I.G. 1258) and the Rock and Ore Milling Superannuation (State) Award published 31 May 1991 (262 I.G. 1131).

 

The changes made to this award pursuant to section 19 of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on 23 March 2001.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Base Rate   $	SWC 2000   $	Total Rate of Pay $
Production Operator Level 1 (83%)	406.30	15.00	421.30
Production Operator Level 2 (89.9%)	435.10	15.00	450.10
Production Operator Level 3 (92.4%)	445.50	15.00	460.50
Team Leader	477.20	15.00	492.20

 

 

 

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount $
1	3(i)	Disability Allowance	34.25
2	3(ii)	Shift Workers on day, afternoon and night shifts	7.20 per shift
3	3(iii)	Shift Workers on permanent afternoon or night shifts	8.95 per shift
4	3(v)	Leading Hands	3.70 per day or shift
5	4(iii)	Overtime - meal or allowance	7.30
6	13(ii)	First-aid	1.60 per day or shift

 

PART C - INDUSTRY/SKILL LEVEL RATES

 

Table 1 - Weekly Rates - Skill Level a

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

 

The rates set out in the table below are effective from the first full pay period on or after first full pay period after 23 March 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	160.00	193.00	236.00
Plus 1 year out of school	193.00	236.00	276.00
Plus 2 years	236.00	276.00	322.00
Plus 3 years	276.00	322.00	369.00
Plus 4 years	322.00	369.00
Plus 5 years or more	369.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	187.00	205.00	249.00
Plus 1 year out of school	205.00	249.00	290.00
Plus 2 years	249.00	290.00	337.00
Plus 3 years	290.00	337.00	386.00
Plus 4 years	337.00	386.00
Plus 5 years or more	386.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 2 - Weekly Rates - Skill Level B

 

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level B.

 

The rates set out in the table below are effective from the first full pay period on or after 23 March 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	158.00	188.00	239.00
Plus 1 year out of school	188.00	225.00	276.00
Plus 2 years	225.00	255.00	322.00
Plus 3 years	255.00	302.00	369.00
Plus 4 years	302.00	323.00
Plus 5 years or more	343.00

 

 

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	187.00	205.00	239.00
Plus 1 year out of school	205.00	239.00	275.00
Plus 2 years	239.00	275.00	323.00
Plus 3 years	275.00	323.00	368.00
Plus 4 years	323.00	368.00
Plus 5 years or more	368.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

 

 

Table 3 - Weekly Rates - Industry/Skill Level C

 

Where the accredited training course and work performed are for the purpose of generating skills which  have been defined for work at Industry/Skill Level C.

 

The rates set out in the table below are effective from the first full pay period on or after 23 March 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	165.00	198.00	213.00
Plus 1 year out of school	198.00	213.00	238.00
Plus 2 years	213.00	238.00	267.00
Plus 3 years	238.00	389.00	298.00
Plus 4 years	367.00	398.00
Plus 5 years or more	398.00

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Highest Year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School Leaver	187.00	205.00	230.00
Plus 1 year out of school	205.00	230.00	258.00
Plus 2 years	230.00	258.00	289.00
Plus 3 years	258.00	289.00	323.00
Plus 4 years	289.00	323.00
Plus 5 years or more	323.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 4 - Weekly Rates - School Based Traineeships

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Year of Schooling
	Years 10 & 11 $	Year 12 $
School based traineeships skill levels A, B and C	187.00	205.00

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

Table 5 - Hourly Rates for Trainees Who Have Left School

 

The table set out below are applicable to part time trainees only. It provides hourly rates of pay where the training is either fully off the job or where 20% of time is spent in approved training.  These rates are derived from a 38 hour week.

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Highest Year of Schooling Completed
Skill Level A	Year 10 $	Year 11 $	Year 12 $
School Leaver	6.15	6.74	8.19
Plus 1 year out of school	6.74	8.19	9.54
Plus 2 years out of school	8.19	9.54	11.09
Plus 3 years out of school	9.54	11.09	12.70
Plus 4 years out of school	11.09	12.70
Plus 5 years out of school	12.70
	Highest Year of Schooling Completed
Skill Level B	Year 10 $	Year 11 $	Year 12 $
School Leaver	6.15	6.74	7.86
Plus 1 year out of school	6.74	7.86	9.05
Plus 2 years out of school	7.86	9.05	10.63
Plus 3 years out of school	9.05	10.63	12.11
Plus 4 years out of school	10.63	12.11
Plus 5 years out of school	12.11
	Highest Year of Schooling Completed
Skill Level C	Year 10 $	Year 11 $	Year 12 $
School Leaver	6.15	6.74	7.57
Plus 1 year out of school	6.74	7.57	8.49
Plus 2 years out of school	7.57	8.49	9.51
Plus 3 years out of school	8.49	9.51	10.63
Plus 4 years out of school	9.51	10.63
Plus 5 years out of school	10.63

 

Table 6 - Hourly Rates for School Based Traineeships

 

The rates set out in the table below are effective from the first full pay period on or after 28 August 2001.

 

	Year of Schooling
	Year 11	Year 12
Skill Levels A, B & C	6.15	6.74

 

Appendix a - Industry/Skill Levels

 

Industry/Skill Level A -

 

Office Clerical

Commonwealth Public Sector Clerical

State Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

 

Industry/Skill Level B -

 

Wholesale and Retail

Recreation and Personal Services

Transport and Storage

Manufacturing

 

Industry/Skill Level C -

 

Community Services and Health

Pastoral

Environmental

Wholesale and Retail - Vehicle Repair Services and Retail Sector

 

 

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.