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SERIAL C0205

 

UNIVERSITY OF NEWCASTLE UNION FOOD AND BEVERAGE STAFF (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 2519 of 2000)

 

Before the Honourable Mr Deputy President Harrison

12 April and 7 May 2001

 

REVIEWED AWARD

 

1.  Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.               Arrangement

2.               Definitions

3.               Rates of Pay and Classification Structure

4.               Grievance/Dispute Settlement Procedure

5.               Casual Employees

6.               Roster Notification

7.               Full-time Employees

8.               Part-time Employees

9.               First-Aid

10.             Hours of Work

11.             Jury Service

12.             Annual Leave

13.             Annual Leave Loading

14.             Personal/Carer’s Leave

15.             Long Service Leave

16.             Sick Leave

17.             Meal and Rest Periods

18.             Mixed Functions

19.             Overtime

20.             Payment of Wages

21.             Public Holidays

22.             Redundancy

23.             Skill, Competency and Training

24.             Part-Time Semester Employment

25.             Structural Efficiency

26.             Termination of Employment

27.             Protective Clothing

28.             Uniforms

29.             No Extra Claims

30.             Voluntary Exemption Agreement

31.             Blood Donors

32.             Occupational Health and Safety

33.             Superannuation

34.             Bereavement Leave

35.             Amenities

36.             Repatriation Leave

37.             Authorised Stop work Meeting

38.             Union Matters

39.             Savings Clause

40.             Anti-Discrimination

41.             Leave Reserved

42.             Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1  ¾  Wage Rates

Table 2  ¾  Other Rates and Allowances

 

2.  Definitions

 

2.1        ‘Casual Employee’ means an employee who is engaged and paid as such.

 

2.2        ‘Employee’ means an employee whose conditions of employment are regulated by this award.

 

2.3        ‘Employer’ means University of Newcastle Union Limited.

 

2.4        ‘Full-time Employee’ means a permanent employee who is engaged to work 38 ordinary hours per week in accordance with the conditions of this award.

 

2.5        ‘Part-time Employee’ means a permanent employee who is engaged to work not less than 20 nor more than 30 ordinary hours per week and not less than four nor more than eight ordinary hours per day.

 

2.6        ‘Semester’ means the dates determined by The University of Newcastle from time to time, which represents a part of the University Academic Year.

 

2.7        ‘Semester Employee’ means an employee engaged in either a full-time or part-time capacity but only during the Semester dates determined by The University of Newcastle.

 

3.  Rates Of Pay And Classification Structure

 

3.1        Classifications -

 

3.1.1     Trainee Assistant - Trainees may be employed on a casual basis at this level if:

 

3.1.1.1  they are required to carry out simple tasks not requiring the skills of a person covered by the Classification Structure and criteria established for Levels (1) to (7) of this clause; or

 

3.1.1.2  they have not had practical experience in the industry relative to the position for which they are to be engaged and trained. Persons employed under this provision will receive on the job training that will enable them to satisfy the criteria to be reclassified to any of the Classification Structure Levels (1) to (7) of this clause.

 

This on the job training will not extend beyond a period of four weeks from the date of commencement of employment and training;

 

3.1.1.3              persons will not be employed under the provisions of this subclause if:

 

3.1.1.3.1           they already possess the skills and have had at least four weeks experience with another employer in the appropriate field; and

 

3.1.1.3.2           they satisfy the criteria to be appointed to a higher level under the wage and classification structure of this clause.

 

3.1.1.4              unless otherwise provided for in this clause the general provisions of clause 5, Casual Employees) shall also apply to employees engaged as trainee assistants;

 

3.1.1.5              for relativity purposes, wages payable under this subclause will be based on 75% of the Level 5 rate provided for in this clause;

 

3.1.1.6              no part-time or full-time staff will be engaged under the provisions of this subclause;

 

3.1.1.7              employees engaged under the provisions of this subclause will be informed at the time of their engagement of the specific conditions relating to this classification;

 

3.1.1.8              a maximum of five trainees may be employed under the provisions of this clause at any given time;

 

3.1.1.9              the employer will establish assessment criteria for each trainee and through the immediate supervisor the trainee will be provided with weekly assessment results and progress reports;

 

3.1.1.10            on completion of the training period the employer will inform the trainee in writing of the outcome of the final assessment and whether or not they have qualified to be reclassified at a higher level. If the trainee is assessed as being unsuitable for reclassification to a higher level the casual employment will be terminated;

 

3.1.1.11 a trainee who disputes the employers assessment, shall have the right to raise the matter under the provisions of the Grievance/Disputes Settlement procedure of this award;

 

3.1.1.12 the provisions of this subclause 3.1.1 Trainee Assistant shall apply on a trial basis for the duration of this award and will be reviewed during negotiations for future award variations.

 

3.1.2     Level 1/Introductory Level - Employees at this level essentially perform simple duties requiring minimal judgement and are required to undertake up to three months on-the-job training in order to be employed at a higher grade.

 

Alternatively, for an employee at this level, their regularly performed tasks shall include:

 

•           general assistance to employees of a higher level, but not involving the employee in actual cooking or direct service to customers;

 

•           general cleaning tasks;

 

•           cleaning and tidying of kitchen, food preparation and customer service areas, including the cleaning of equipment, crockery and general utensils;

 

•           picking up glasses, emptying ashtrays, wiping down tables, removing plates;

 

•           assembling and preparing ingredients for cooking;

 

•           handling, storing and distributing goods not involving the extensive use of documents and records.

 

3.1.3     Level 2 - It is recommended that employees at this level have satisfactorily completed the prescribed standard of training at Level 1.

 

Level 2 employees are required to perform work above and beyond the skills of a Level 1 employee and may be engaged in structured on-the-job training at a Basic Level so as to enable them to work at Level 3.

Regularly performed tasks of a Level 2 employee include duties of a lower level plus:

 

•           supplying, dispensing or mixing of liquor, including cleaning of bar area and equipment, preparing the bar for service, taking orders and serving drinks;

 

•           selling of other goods on sale;

 

•           assisting in a cellar;

 

•           undertaking general waiting duties of both food and/or beverages including cleaning of restaurant equipment, preparing tables and sideboards, taking customer orders, serving food and/or beverages and clearing tables, and under general supervision greeting and seating guests;

 

•           receipt of monies, operation of cash registers, use of electronic swipe input devices;

 

•           serving from a snack bar, buffet or meal counter;

 

•           servicing meeting rooms;

 

•           heating of pre-prepared meals and foods, preparing simple food items such as sandwiches, salads and toasted foodstuffs;

 

•           specialised non-cooking duties in a kitchen;

 

•           completion of simple documents such as stock requisitions or wastage slips;

 

•           laundry and specialised cleaning duties involving the use of specialised cleaning equipment and/or chemicals;

 

•           operation of coin-dispensing machines;

 

•           door duties, attending a cloakroom;

 

•           setting up for functions, internal ordering and/or replenishment of supplies;

 

•           general duties including building maintenance duties;

 

•           receiving, handling, storing and distributing goods not involving the control of the store or cellar.

 

3.1.4     Level 3 - Employees at this level have satisfactorily completed the prescribed standard of on-the-job training at Level 2 or an approved training course so as to enable the employee to perform work within the scope of this level.

 

Level 3 employees are required to perform work above and beyond the skills of a Level 2 employee and may be engaged in structured training at an Advanced Level so as to enable them to work at a higher level.

 

Regularly performed tasks of a Level 3 employee include duties of a lower level plus:

 

•           assisting in the training of employees of a lower level;

 

•           attending a boiler requiring the holding of a certificate (coffee machine);

 

•           operation of a range of mobile equipment requiring the holding of a certificate including forklifts;

•           responsibility for the operation and routine maintenance and cleaning of electronic devices i.e. coffee machines, terminals, the sale of tickets of any kind;

 

•           preparing and cooking a limited range of basic food items such as breakfasts, snacks and grills;

 

•           security work requiring the holding of an appropriate licence;

 

•           reception duties which may include control of a switchboard, ticket sales, etc., door or car park duties where required to assume responsibility for application of Board policy in areas such as dress, age, intoxication and other entry requirements;

 

•           takes classes and/or directs activities;

 

•           cellar duties;

 

•           change box duties where required to balance a float;

 

•           responsible for locking up;

 

•           general clerical or office duties, such as typing, word processing, data entry, maintaining records, switchboard operation, etc.;

 

•           driving a motor vehicle requiring the holding of a New South Wales Class 1A licence.

 

3.1.5     Level 4 - Employees are required to perform work above and beyond the skills of a Level 3 employee.

 

Regularly performed tasks of a Level 4 employee include duties of a lower level plus:

 

•           general cooking duties, including a la carte cookery, baking, pastry cooking or butchery;

 

•           full control of a cellar, general purchasing and stock control duties (including receipt, recording and inventory control of goods, ordering goods of a type directed by the employer from approved suppliers);

 

•           general and specialised waiting and/or drink service in a fine dining room requiring the mixing of a range of sophisticated drinks and a wide knowledge of wines;

 

•           basic direct supervision of a small group of employees in a section of the Union;

 

•           stenographic, bookkeeping and/or clerical duties, responsibility for checking and allocating  work;

 

•           planning, co-ordination and/or conduct of games, promotional and/or entertainment activities;

 

•           the work of a caretaker;

 

•           planning and/or co-ordinating of conferences and/or banquets;

 

3.1.6     Level 5 - Employees at this level have satisfactorily completed the prescribed standard of training at trade or the equipment level so as to enable the employee to perform work within the scope of this level.

 

Level 5 employees are required to perform work above and beyond the skills of a Level 4 employee.

 

Regularly performed tasks of a Level 5 employee include duties of a lower level plus:

 

•           general or specialised cooking, baking pastry cooking or butchering duties;

 

•           supervision, training and co-ordination of staff in one or more sections of the Union;

 

•           trade work appropriate to an employee’s trade, including technical level maintenance of gaming devices;

 

•           responsibility for a safe or counting room from which change is issued to bars and other areas, including responsibility for the safe balance, and for checking the balances reported by operators of tills, change cages etc.;

 

•           driving a bus requiring the holding of a New South Wales Class 1B or Class 4B licence.

 

3.1.7     Level 6 - Employees at this level have satisfied the training requirements of Level 5, and where required to supervise employees have completed the prescribed standard of training in supervision.

 

Level 6 employees are required to perform work above and beyond the skills of a Level 5 employee.

 

•           Regularly performed tasks of a Level 6 employee include duties of a lower level plus:

 

•           specialised cooking, butchering, baking, pastry cooking, may supervise the operation of a section and/or other cooks and kitchen staff, menu planning;

 

•           control of an office and other clerical employees;

 

•           responsibility for preparation and analysis of overall financial and statutory reports, budgeting, control of a substantial clerical function, interpretation and application of complex legislative and/or award provisions and requirements, specialised purchasing duties, including evaluation of suppliers and negotiations of purchasing conditions;

 

•           supervision, training and co-ordination of large numbers of subordinate staff (including Level 5 employees), responsibility for their efficient allocation and control, undertaking budgeting, staff costing and operational reporting, staff  recruitment and induction.

 

3.1.8     Level 7 - Employees at this level have satisfactorily completed the prescribed standard of training at a post-trade or equipment level so as to enable the employee to perform  work within the scope of this level.

 

Level 7 employees are required to perform work above and beyond the skills of a Level 6 employee.

 

Regularly performed tasks of a Level 7 employee include duties of a lower level plus:

 

•           full control of one or more kitchens and/or other food outlets, supervision of other qualified cooks and kitchen staff.

 

3.1.9     In applying this structure to the various classification levels to tasks not specifically described, regard shall be had to those tasks described as being relative to the skill and responsibility of each level.

 

3.2        Rates of Pay - as contained in Table 1 - Wage Rates, of Part B - Monetary Rates.

 

3.3        Apprentices - Apprentices shall be paid the following percentage of the rate for Level 5.

 

Year                 4 Year Term   

 

First                 43%

Second            57%

Third                68%

Fourth             80%

 

4.  Grievance/Dispute Settlement Procedure

 

4.1        It is the intention of the parties to this award to eliminate grievances/disputes and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation.

 

4.2        The parties further agree that subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

 

4.3        Any grievance/dispute which arises shall, where possible, be settled by discussion on the job between the employee and the employee’s immediate supervisor.

 

4.4        If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the employee’s immediate supervisor and the manager of the relevant section or department. If the employee is a member of the ALH and MWU they shall be entitled to have an onsite delegate present during these discussions.  The Human Resources Manager of the employer will participate in these discussions and will act as mediator in an attempt to resolve the matter.

 

4.5        If the matter still remains unresolved and the employee is a member of the ALH and MWU it will then be discussed between the appropriate business unit manager and the Human Resources Manager of the employer and with the union delegate/s and/or a union official nominated by the president and/or the secretary of the union together with such other advisers as each party may require.

 

4.6        In the case of a published roster being the subject of a grievance/dispute, the employee must lodge their grievance within three days after the roster has been notified. Where a roster grievance/dispute is raised within the three days, the grievance shall be immediately addressed with a view to resolution of the issue prior to the scheduled commencement of the disputed roster. The employee must demonstrate that the published roster is either:

 

•           unfair;

 

•           unreasonable;

 

•           iniquitous; or

 

•           restricts the employees opportunities for advancement or to increase their skill levels provided that nothing in this clause shall be read to limit the employer’s ability to  efficiently roster staff to optimise the resources and skill levels available to the employer.

 

4.6.1     Where an employee raises a roster grievance/dispute later than three days following the publication of the roster the disputed roster shall be observed whilst the resolution of the matter proceeds.

 

4.7        If the matter remains unresolved at this time, the employer’s Human Resources Manager will convey the deliberations of the employer to the employee and if the employee is a     member of the ALH and MWU to their onsite delegate. Both parties may then, if they wish, notify their respective industrial representatives.

 

4.8        In the interests of a prompt resolution to any grievances or disputes, the parties agree to address matters raised under the provisions of this clause as soon as possible with the intention of resolving them within three days of the original notification of the grievance or dispute. Subject to the parties mutually accepting some other longer period.

 

4.9        Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

4.10      In the case of dismissal the employer shall, without prejudice to their final rights, ensure that an employee is subject to the accepted counselling procedure, has an opportunity to answer any allegations put to them and has the opportunity to be represented by a person of their choice in accordance with this procedure and prior to dismissing the employee. The employer shall comply with this requirement by advising the employee that dismissal is being considered, that the employee has the right to be represented (by a union official if they so choose) and allowing sufficient time for this representative to attend; provided that where a representative does not attend within three days from the advice of the employer to the employee, the employer may deal with the matter without a representative being present.

 

4.11      Where an employer is considering dismissal they may suspend an employee from attendance at the workplace for the purpose of observing this procedure, in which case the employee shall receive the total wages that would have been payable according to the employee’s roster had the employee not been suspended.

 

4.12      Neither party will notify the Industrial Relations Commission of New South Wales until a final conference between the parties and their advisers determines that the matter is likely to cause an industrial dispute.

 

4.13      Notwithstanding the provisions of subclause 4.9, if an unreasonable period of time has elapsed and the matter is still not resolved, each party is free to proceed as it may decide.

 

5.  Casual Employees

 

5.1        A casual employee means an employee engaged and paid as such.

 

5.2        A casual employee shall be paid an hourly rate equal to one-thirty eighth of the appropriate weekly rate prescribed by this agreement plus the following additional loadings:

 

Monday - Friday                                                                                    20%

Saturday                                   Monday - Friday rate plus                 33%

Sunday                                     Monday - Friday rate plus                 50%

Public Holidays                       Monday - Friday rate plus                 150%

 

5.3        A casual employee will be paid a minimum of three hours for each engagement.  Engagement for the purposes of this clause shall be deemed to mean the period or periods for which the employer notifies the employee that he or she is so required to attend on any one day; provided that each period of engagement shall stand alone and shall be treated as an engagement of not less than three hours and be paid as such.

 

Provided further that where a casual employee is required by the employer to attend a training or work related instruction program it shall not be considered to be an engagement for the purposes of this subclause and the employee will be entitled to payment only for the duration of the training or instruction program but for not less than two hours.

 

5.4        Casual employees will not normally be rostered to work more than ten hours on any one engagement subject to the provision that should this casual work extend beyond ten hours the employee will be paid overtime at the rate of double time for the hours exceeding this figure.

 

5.5        Casual employees are also entitled to be paid 1/12th of their ordinary rate of pay as their entitlement to annual leave under the provisions of the Annual Holidays Act 1944. This loading will be calculated on the 20% loaded rate.

 

5.6        Casual employees whose engagement is more than five hours shall be provided with a meal free of charge or shall be paid a meal allowance as contained in Item 1 of Table 2 - Other Rates and Allowances.

 

5.7        If during the course of a rostered shift unforeseen circumstances results in there being insufficient work to employ a casual for the full extent of the original published roster and no alternative work is available, then subject to satisfying the minimum engagement provisions of subclause 5.3 the shift may be terminated by the employer and the casual employee paid only for actual time worked.

 

5.8        Wherever practicable the employer will offer casual work to existing casual employees before employing any new casual employees.

 

6.  Roster Notification

 

6.1.       Rosters are to be displayed at least seven days in advance of their commencement. However, where there has been an unforeseen and significant downturn of trade or altered trading patterns affecting the available work, it shall be sufficient to give three days notice of an amended roster.

 

6.2        Where unforeseen circumstances arise a casual employee may be added to a roster at less notice or where a function is cancelled or attendance numbers reduced or there is a downturn          in trade or changed trading patterns a casual engagement may be cancelled with the maximum possible but at least twenty four (24) hours notice.

 

6.3        In the event of a late cancellation which would preclude compliance with the 24 hours notice referred to in subclause 6.2 the employer reserves the right to gainfully engage staff in areas other than functions or to come to such other mutual arrangements with the affected employee/s.

 

7.  Full-Time Employees

 

7.1        Full-time employee means an employee engaged to work 38 hours per week in accordance with the provisions of clause 10 Hours of Work.

 

7.2        A full-time employee will be paid the hourly rate equal to one-thirty-eighth of the appropriate weekly rate for all work performed from Mondays to Fridays.

 

7.2.1     In addition to the rate determined in subclause 7.2 the following additional loadings will also apply for any ordinary time worked on a:

 

Saturday         plus 50%

Sunday            plus 75%

Public Holiday            plus 150%

 

8.  Part-Time Employees

 

8.1        Part-time employees means an employee engaged to work a number of hours less than a full-time employee each week.

 

8.2        Part-time employees may be rostered for:

 

8.2.1     not less than 20 and not more than 30 hours per week; and

 

8.2.2     not less than four and not more than eight hours per day.

 

8.3        A part-time employee will be paid an hourly rate equal to one-thirty-eighth of the appropriate weekly rate plus the following additional loadings:

 

Monday - Friday        plus     15%

Saturday                      plus     50%

Sunday                        plus     75%

Public Holidays          plus     150%

 

Provided that when a part-time employee is entitled to the payment of overtime, the rate to which the overtime penalty applies is the same as for a full-time employee (i.e., the ordinary time Monday - Friday rate before the loadings).

 

9.  First-Aid

 

9.1        Employees nominated by the employer to hold the title and perform the duties of First-Aid Officer shall be paid a weekly allowance as contained in Item 2 of Table 2 - Other Rates and Allowances to perform such tasks provided that:

 

•           the employee shall keep the certificate in a state of currency; and

 

•           shall undertake to keep abreast of new first aid methods relevant to such certificate; and

 

•           the employer shall provide training for employees to obtain and maintain a first-aid certificate.

 

9.2        For the purposes of this award the payment of the first aid allowance will also apply during periods of leave to those categories of staff who take leave, i.e., permanent full-time and part-time staff.  Any casual employee who may be appointed as a First-Aid Officer will only receive the allowance in those weeks when they actually work.

 

9.3        Medical first aid kits shall be provided by the employer and be readily accessible to all employees. In addition, supplementary kits for the immediate treatment of cuts or burns shall be provided in each kitchen and bar.

 

9.4        An employee who:

 

•           is not an employer nominated First-Aid Officer; and

 

•           holds a current First-Aid Certificate; and

 

•           is qualified to provide first-aid; and

 

•           who is required to provide first aid during the course of a shift (due to the absence of an appointed First Aid Officer or The University Health Service being closed) may claim a portion of the weekly first aid allowance prescribed in subclause 9.1 of this clause. The entitlement shall be one-fifth of the weekly amount for each shift where first aid is provided (not each occasion). The claim will only be accepted provided that the employee concerned produces evidence of their qualifications to the employer and completes the appropriate first-aid treatment register.

 

9.5        The employer shall request its Occupational Health and Safety Committee to recommend establishment levels for first aid officers and the employer shall appoint employees to these positions in accordance with such recommendations.

 

10.  Hours Of Work

 

10.1      The ordinary hours of work, exclusive of meal breaks, shall not exceed 38 hours per week.

 

10.2      The ordinary hours as prescribed in subclause 10.1 above will initially be worked on the basis of 7.6 hours per day over five days. Subject to mutual consent (which may not be reasonably refused by the employee) the employer and the employee may agree to a changed pattern of hours which will still total 38 per week but which may include a variable number of hours per day being not less than five nor more than ten.

 

10.2.1   during the operation of this award the employer undertakes to consider and review the subject of changed pattern of hours referred to in subclause 10.2 and in particular to:

 

•           test if the changed pattern of hours work;

 

•           implement a management system for its operation;

 

•           conduct a feasibility study on its implementation.

 

10.3      Employees will be granted at least two days off work each week and on at least one occasion during each four weekly roster cycle these days shall be consecutive. Provided that where an employee elects to work a changed pattern of hours under subclause 10.2 that results in their hours being worked over a four day period, at least two of these days per week shall be consecutive.

 

10.4      All ordinary hours shall be worked between the hours of 6.00 a.m. and midnight.

 

10.5      All ordinary hours for full-time and part-time staff shall be worked within a margin of 11 hours.

 

10.6      Any employee whose ordinary hours of work as prescribed in this clause cease after 10.00 p.m. and at or before midnight Monday to Friday shall be entitled to the payment of a late finishing penalty at the rate of time and one quarter of the employees rate for that day for the actual hours worked between these hours.

 

10.7      Full-time and part-time staff will not be rostered to commence work until at least ten hours has elapsed since the completion of the previous engagement.  Provided that on a changeover of roster or having worked an overtime shift the lesser break of eight hours shall apply.

 

10.8      If on the instructions of the employer, a full-time or part-time employee resumes work without having the ten or eight hours break referred to in subclause 10.6 above, the employee shall be paid at the rate of double ordinary time rate until released from duty for such period. With the consent of the employer the employee shall also be entitled to be absent until the required total hours break from duty without any loss of pay for ordinary working time.

 

10.9      Other than by mutual consent, staff will not be rostered to work on more than three consecutive Saturdays.

 

10.10    When an employee has non working time of more than one hour (excluding any meal period) between the commencing and finishing times on any one day, they shall be paid the broken shift allowance as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per shift.

 

11.  Jury Service

 

11.1      A full-time or part-time employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.

 

11.2      An employee shall notify the employer as soon as possible of the date upon which they are required to attend for jury service.

 

11.3      Further, the employee shall provide the employer with proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

11.4      The provisions of this clause are not available for casual staff.

 

12.  Annual Leave

 

An employee covered by this award shall be entitled to annual leave in accordance with annual leave provisions under the Annual Holidays Act 1944 and subsequent amendments to that Act.

 

13.  Annual Leave Loading

 

13.1      In this clause the Annual Holidays Act 1944, is referred to as ‘the Act’.

 

13.2      Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this clause.

 

Note:   The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 13.6.

 

13.3      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

13.4      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each separate period.

 

NOTE: See subclause 13.6 as to holidays taken wholly or partly in advance.

 

13.5      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 13.4 at the rate per week of seventeen and one half percent (17½%) 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 his/her annual holiday, but shall not include the amount prescribed in clause 3, Rates of Pay and Classification Structure, for Saturday, Sunday or public holiday loadings or any other allowances, penalty rates, late finishing penalty, overtime or any other payment prescribed by this award.

 

13.6      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such employee continues until the day when he/she 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 13.5 of this clause applying the award rates of wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

13.7      An employee engaged under the provisions of clause 24, Part-time Semester Employment, shall also be paid a loading of seventeen and one half percent (17½%) when their annual leave is taken in accordance with the provisions of that Clause.

 

13.8      Where 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 became entitled, the employee shall be paid a loading calculated in accordance with subclause 13.4 for the period not taken.

 

13.9      Except as provided in subclause 13.8 no loading is payable on the termination of an employee’s employment.

 

13.10    This clause extends to an employee who is given and takes an annual holiday and who would have worked on a weekend or who might have worked such hours as would qualify the employee to be entitled to a late finishing penalty prescribed in subclause 10.6 if that person was not on holiday, provided that if the amount to which the employee would have been entitled for weekend penalty rates or the late finishing penalty for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

14.  Personal/Carer’s Leave

 

14.1      Use of Sick Leave - An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 14.1.2 who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 16 (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.

 

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.

 

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

 

14.1.1   the employee being responsible for the care of the person concerned; and

 

14.1.2   the person concerned being;

 

14.1.2.1            a spouse of the employee; or

 

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

 

14.1.2.3            a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or    

 

14.1.2.4            a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

14.1.2.5            a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

•           ‘relative’ means a person related by blood, marriage or affinity;

 

•           ‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

•           ‘household’ means a family group living in the same domestic dwelling.

 

14.1.3   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 the 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.

 

14.2      Unpaid Leave for Family Leave - 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 14.1.2 who is ill.

 

14.3      Annual Leave -

 

14.3.1   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 less agreed by the parties.

 

14.3.2   Access to annual leave, as prescribed in 14.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

14.3.3   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.

 

14.4      Time Off in Lieu of Payment of Overtime -

 

14.4.1   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.

 

14.4.2   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.

 

14.4.3   If, having elected to take time as leave in accordance with 14.4.1, 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.

 

14.4.4   Where no election is made in accordance with 14.4.1, the employee shall be paid overtime rates in accordance with the award.

 

14.5      Make-Up Time -

 

14.5.1   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.

 

14.5.2   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.

 

15.  Long Service Leave

 

An employee covered by this award shall be entitled to long service leave in accordance with the provisions under the Long Service Leave Act 1955 and subsequent amendments to that Act.

 

16.  Sick Leave

 

16.1      A full-time employee shall be entitled to five days sick leave in the first year and ten days sick leave in the second and subsequent years with an employer. A part-time employee shall receive a pro rata proportion of these entitlements.

 

16.2      Untaken sick leave shall accumulate from year to year.

 

16.3      During the first year of service an employee shall not be entitled to sick leave until after the completion of three months of service. After three months satisfactory service unpaid sick leave taken in the first three months will be re-accredited to the employee subject to the provisions of subclause 16.1.

 

16.4      Employees shall, before the commencement of taking sick leave, inform their supervisor of their inability to attend for work and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

 

16.5      Employees who fail to notify their supervisor of their inability to attend work or who take more than two  consecutive days sick leave shall be required to produce a medical certificate or such other evidence as may be required by the employer. Failure to produce a medical certificate or evidence as required by the employer shall mean that the employee shall not be entitled to payment for the period of absence.

 

16.6      Employees who take sick leave on either Saturday, Sunday, public holidays or a day immediately preceding or succeeding a public holiday, a day not rostered for duty, a concession day, flexiday, time in lieu or annual leave shall be required to produce a medical certificate for such period of absence. Failure to produce a medical certificate will mean that the employee shall not be entitled to payment for the period of absence.

 

16.7      Where the services of an employee are terminated by the employer for any reason other than the employee’s serious or wilful misconduct, or by the employee on account of resignation, or by reason of the death of the employee, and the employee had, on 15 February 1993, and continues to have at the date of termination, an accumulated sick leave balance to the equivalent of at least 20 days the money value of 20 days shall be paid to the employee, or to his/her estate. No amount is payable in respect of accumulations less than 20 days nor in respect of any excess over 20 days.

 

17.  Meal And Rest Periods

 

17.1      A period of not less than 30 minutes nor more than 45 minutes shall be allowed for the purposes of an employee taking a meal break. The first meal break taken on any shift shall be unpaid. The second break will be a paid meal break. Meal breaks shall be taken at a time mutually agreeable to the employer and the employee so as to minimise disruption to the work process.

 

17.2      An employee shall not be required to work for more than five hours continuously without a break, except where the work can be completed within the next half hour. No penalty will apply if the work is completed within this half hour period, but if the total shift extends beyond (5½) hours the employee shall be entitled to be paid at the rate of time and one half of their rate for the day for all time worked beyond five hours.

 

17.3      In addition to the meal break provided for under this clause, all employees who are required to work six  hours or more shall be entitled to a ten minute break which shall be counted as time worked.

 

17.4      All employees who qualify for a meal break will be provided with a meal free of charge. If a meal is not available a meal allowance as contained in Item 1 of Table 2 - Other Rates and Allowances shall be paid to the employee.

 

18.  Mixed Functions

 

18.1      An employee engaged for more than 50% of an engagement on work which carries a higher rate of pay than that of their normal classification will be paid at the higher rate for the whole of that engagement.

 

18.2      If engaged for a period of less than 50% of their engagement on work of a higher classification, the employee will only be paid at the rate of pay applicable to their normal classification.

 

18.3      Subclause 18.1 will not apply in the event of an employee being temporarily appointed to a higher classification for a limited period to cover the absence of another employee whilst on maternity leave, workers compensation, long service leave, extended sick leave or some other occurrence.  The employer will notify the employee, in writing, of the temporary nature of the appointment and specify the dates of the engagement at the higher level.  These dates may vary by mutual consent between the employee and the employer.  At the end of the specified period the replacement employee will revert to the rate of pay of their classification prior to the temporary appointment.

 

18.4      An employee may carry out any work at a lower level than their classification, without any reduction in pay, for the purposes of gainful employment.

 

19.  Overtime

 

19.1      Overtime for full-time and part-time employees is payable at the rate of:

 

19.1.1   time and one half for the first two hours and double time thereafter.

 

19.1.2   Provided that where the overtime is worked on a day off under the provisions of subclause 10.3 of clause 10, Hours of Work or the overtime is worked on a Public Holiday, then;

 

19.1.2.1            if the work is performed on a day other than a Sunday the rate specified under subclause 19.1.1 of this clause shall apply, or

 

19.1.2.2            if the work is performed on a Sunday, all overtime shall be paid at the rate of double time, or

 

19.1.2.3            if the work is performed on a Public Holiday overtime shall be paid at the rate of double time and one half.

 

19.1.2.4            Overtime payable under the provisions of subclauses 19.1.2.1, 19.1.2.2 and 19.1.2.3 shall be for a minimum of four hours provided that if the purpose for which the overtime was scheduled is completed before the expiration of four hours, then the employee must agree to be gainfully employed on other reasonably suitable tasks up to the four hour period.

 

If other tasks cannot be allocated the employee will be paid for the minimum four (4) hour period, if the employee refuses or is unwilling to undertake other tasks for the purposes of gainful employment they will be paid the appropriate penalty rates for time worked only.

 

19.1.2.5            In computing overtime each day’s work shall stand alone.

 

19.2      Overtime is Payable:

 

19.2.1   for all work performed outside the spread of hours between 6.00 am and midnight; or

 

19.2.2   for all work performed outside the margin of hours referred to in the Hours of Work Clause 10.5 (i.e. 11 Hours); or

 

19.2.3   for any work performed on a day that the employee would not be rostered to work provided that a part-time employee whose published rostered hours are distributed over less than five days may be invited to work on additional days at ordinary time such that the maximum number of days worked does not exceed five.  Any additional ordinary time shift will be conditional upon:

 

19.2.3.1            the employee being provided with a starting and finishing time before commencing the additional shift.

 

19.2.3.2            the additional shift/s being mutually agreed between the employer and the employee.

 

19.2.3.3            the additional shift/s falling within the limitations of subclause 19.2.5 (overtime for part-time staff).

 

19.2.4   Full-time staff -

 

19.2.4.1            any hours worked in excess of 7.6 hours per day except where by mutual consent a changed pattern of hours have been agreed to, in which case the hours worked in excess of the rostered hours for that day will be overtime;

 

19.2.4.2            all hours worked in excess of thirty-eight (38) hours per week.

 

19.2.5   Part-time staff -

 

19.2.5.1            any hours worked in excess of the rostered hours for any one day provided that in the event of an emergency situation or some other reasonably unforeseen circumstance a part-time employee may be required to work up to an extra 30 minutes beyond their rostered hours at ordinary time rates subject to satisfying the other provisions of this subclause. If the work extends beyond this 30 minutes appropriate overtime penalty rates will apply to all work performed beyond the rostered hours; or

 

19.2.5.2            any hours worked in excess of eight hours on any one day; or

 

19.2.5.3            all hours worked in excess of 30 per week.

 

19.2.5.4            the rate to which the penalty is applied shall be the ordinary full-time hourly rate for the appropriate classification (i.e., the rate before the 15% loading is applied).

 

19.2.6   Casual

 

19.2.6.1            hours worked in excess of ten hours on any single engagement shall be paid at the rate of double time (applied to the loaded casual Monday to Friday rate);

 

19.2.6.2            hours worked outside the spread of hours 6.00am to midnight shall attract a penalty of time and one half for the first two hours and double time thereafter (applied to the loaded casual Monday to Friday rate) unless the work is in excess of ten hours when sub clause 19.2.6.1 will take precedent in the application of penalties.

 

19.3      Call-Back - A full-time or part-time employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate overtime rate for each time he/she is so recalled provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours, if the job the employee was recalled to perform is completed within a shorter period.  This subclause shall not apply, where the overtime is continuous with the completion or commencement of ordinary working time.  Where the actual overtime worked is less than four hours, the period of four hours for which payment has to be made shall not be regarded as overtime worked for the purpose of the ten hours break provision.

 

20.  Payment Of Wages

 

20.1      Wages shall be paid weekly on a day which shall be not more than two normal working days after the end of each pay period.

 

20.2      Wages shall be paid by cheque, cash or electronic funds transfer as agreed between the employer and employee.

 

20.3      Wages will be calculated to ten minute intervals for any time worked less than a full hour.

 

20.4      The pay period in operation at the time of the entering into this award shall not be altered without full consultation with staff and the appropriate union delegate/s.

 

21.  Public Holidays

 

21.1      Public holidays which shall be observed under this award are: New Years Day, Good Friday, Easter Saturday, Easter Monday, Union Picnic Day (recognised as the Tuesday immediately following Easter Monday), Christmas Day, Boxing Day and the days proclaimed as public holidays for Australia Day, Anzac Day, Queens Birthday and Labour Day or any other day duly proclaimed as a public holiday in the State of New South Wales.

 

21.2      If an employee, other than a casual employee, does not work and would normally be rostered to work on a public holiday the employee will be paid their normal weekly wages for that week.

 

21.3      If an employee, other than a casual employee, is not normally rostered to work regularly on the same days each week and the employee is not rostered to work on a public holiday the employee will be paid an additional days wage. For the purposes of the application of this subclause one day shall be interpreted as being the minimum number of hours that is payable to employees who actually work on a public holiday as prescribed in subclauses 21.4.1(full-time employees) and 21.4.2 (part-time employees).

 

21.4      Where an employee is required to and does work ordinary time on a public holiday minimum payments shall be as follows:

 

21.4.1   for a full-time weekly employee, the employee’s usual shift on that day of the week, but not less than six hours;

 

21.4.2   for a part-time weekly employee, the employee’s usual shift on that day of the week but not less than four hours;

 

21.4.3   for a casual employee a minimum of three hours;

 

21.4.4   The rate of payment shall be:

 

21.4.4.1            full-time staff - ordinary rate of pay plus 150% for each hour worked;

 

21.4.4.2            part-time staff - the appropriate rate as specified under subclause 8.3 of clause 8, Part-time Employees;

 

21.4.4.3            casual staff - the appropriate rate as specified under the clause 5.2 (Casual employees).

 

21.5      Where an employee is absent from the employee’s employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer the employee shall not be entitled to payment for such holiday.

 

21.6      Permanent full-time and part-time staff shall be entitled to receive payment on full pay for three (3) days between Christmas and New Year subject to satisfying the same criteria as specified in subclause 21.5 for public holidays. These days shall be recognised as concession days.

 

21.7      Employees other than permanent full-time and part-time staff are not entitled to the concession days referred to in subclause 21.6 and should any of these staff work on any of these days it shall not be regarded as working on a public holiday.

 

21.8      Should any permanent full-time or part-time staff work on the concession days referred to in subclause 21.6 to satisfy the employer’s obligation to provide a service to clients then this time will not be regarded as working on a public holiday. The employee shall be paid at ordinary time rates subject to any other entitlements provided under this award, but shall be entitled to time off on full pay for the equivalent concession day/s worked at some other mutually convenient time but within one (1) month of the date of the concession day/s.

 

22.  Redundancy

 

22.1      Notwithstanding anything contained elsewhere in this provision, this provision shall not apply to employees with less than one years 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.

 

22.2      Notwithstanding anything contained elsewhere in this award, this provision 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 cyclical changes in operating parameters.

 

22.3      Introduction to Change -

 

22.3.1   Employer’s duty to notify:

 

22.3.1.1            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 their union delegate;

 

22.3.1.2            ‘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;

 

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

 

22.3.2   Employer’s duty to discuss change:

 

22.3.2.1            the employer shall discuss with the employees affected and their union delegate, the introduction of the changes referred to in subclause 22.3, 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 delegate in relation to the changes;

 

22.3.2.2            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 subclause 22.3;

 

22.3.2.3            for the purpose of such discussions, the employer shall provide to the employees concerned and their union delegate 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 the employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

22.4      Redundancy -

 

22.4.1   Discussions before terminations:

 

22.4.1.1            where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subclause 22.3 ‘Introduction to Change’ and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and their union delegate;

 

22.4.1.2            the discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 22.4.1.1 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 of the employees concerned;

 

22.4.1.3            for the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and their union delegate, all relevant information about the proposed termination/s including the reasons for the proposed terminations, the number and classifications 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 the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

22.5      Termination of Employment -

 

22.5.1   Notice for changes in production, programme, organisation or structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘programme’, ‘organisation’ or ‘structure’ in accordance with subclause 22.3.1.1 ‘Introduction to change’:

 

22.5.1.1            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

 

22.5.1.2            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;

 

22.5.1.3            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.

 

22.5.2   Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘technology’ in accordance with subclause 22.3.1.1 ‘Introduction to Change’:

 

22.5.2.1            in order to terminate the employment of an employee the employer shall give to the employee three months notice of termination;

 

22.5.2.2            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;

 

22.5.2.3            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 the Acts.

 

22.5.3   Time Off During the Notice Period -

 

22.5.3.1            during the period of notice of termination given by the employer an employee shall be allowed up to one day per week off work without loss of pay for the purposes of seeking other employment.  Such entitlement shall not exceed one day per week over a maximum of a five week period;

 

22.5.3.2            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.

 

22.5.4   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.

 

22.5.5   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.

 

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

 

22.5.7   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.

 

22.5.8   Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subclause 22.3.1.2 ‘Introduction to 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.

 

22.6      Severance Pay -

 

22.6.1   When an employee is to be terminated pursuant to the ‘Redundancy Provision’ of this award, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

22.6.1.1            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

 

22.6.1.2            where an employee is 45 years old or over, the entitlement must 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

 

22.6.1.3            ‘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, over award payments, award penalties and allowances paid in accordance with this Award.

 

22.6.2   Incapacity to Pay - Subject to 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 subclause 22.6.1.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect of paying the amount of severance pay in subclause 22.6.1 will have on the employer.

 

22.6.3   Alternative Employment - Subject to 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 subclause 22.6.1 if the employer obtains acceptable alternative employment for an employee.

 

23.  Skill, Competency And Training

 

23.1      The employer may direct an employee and the employee shall follow such direction, to carry out any duties that are within the limits of an employees’ skill, competency and training.

 

23.2      Notwithstanding other provisions of this award, where an employee has been requested by the employer to undertake a specific training course, then the following conditions shall apply:

 

23.2.1   where it is required for an employee to travel to and from training outside of ordinary hours, such travelling shall be deemed to be non-working time;

 

23.2.2   where training cannot be arranged during the employees usual rostered hours, then the employee shall not be entitled to receive in excess of the employee’s ordinary (single time) hourly rate for the period of training;

 

23.2.3   an employee shall not unreasonably refuse to agree to alter rosters or to work flexible hours in accordance with the award to allow training to occur during rostered hours, but not so as to reduce the employee’s earnings for usual time worked.

 

23.3      The employer will consider any approach from an employee for training in any work related or career development program. In assessing each application on its merit the employer will consider such issues as; financial constraints, the value of the program to the organisation, the relevance of the program to the employers operations and the commitment of the applicant.

 

23.4      The parties to this agreement acknowledge that any expenditure on training should be spread equitably over time to include all participants in the employer’s organisation, i.e., Board members, management and wages employees.

 

24.  Part-Time Semester Employment

 

24.1      Staff may be engaged to work in a part-time capacity during University Semester dates as promulgated by The University from time to time (or by some other mutually agreed dates).

 

Any engagement under this arrangement shall be subject to the following conditions:

 

24.1.1   operative dates will be from the first day of each semester until the last day of that semester but excluding mid semester breaks (unless other dates mutually agreed);

 

24.1.2   pro rata entitlement to annual and sick leave;

 

24.1.3   the pro rata annual leave balance will be paid to employees after the completion of the second semester each year;

 

24.1.4   any unused sick leave balance will carry forward to the next engagement period;

 

24.1.5   in addition to the pro rata annual and sick leave entitlements referred to in subclause 24.1.2, staff employed under these arrangements will be entitled to all other conditions applicable to the status that they are employed under at that particular time;

 

24.1.6   during University examination and recess periods, staff employed under the provisions of this clause may elect either:

 

24.1.6.1            not to be available to work during such periods;

 

24.1.6.2            to be available for work during such periods in a part time capacity;

 

24.1.6.3            to be available for work but only in a casual capacity.

 

24.1.7   at least three weeks prior to the commencement of a University examination or recess period, the employer will distribute a form to all affected employees to enable them to indicate their choice under provisions of sub clause 24.1.6.  The employee is required to complete and return this form to the employer within one week of receiving it.  If any employee fails to complete this form the employer is entitled to assume that the employee is unavailable for work during such period.

 

24.1.8   during University examination and recess periods, staff engaged under the provisions of this clause will receive preference over casual employees subject to sufficient work being available to comply with the rostering requirements applicable to their status;

 

24.1.9   any non working time resulting from an employee election under the provisions of sub clause 24.1.6 will not be regarded as a break of employment for the purposes of calculating long service leave entitlements;

 

24.1.10             this clause shall not apply to employees engaged under the provisions of clause 8, Part-time Employees.

 

25.  Structural Efficiency

 

25.1      Employees shall carry out all functions within their capacity to perform, including duties of a lower grade where this is reasonably required.

 

25.2      The employer will establish appropriate discussion forums with employees to facilitate the exchange of information affecting efficiency and productivity, including any changes in work practices and the introduction of new technology and plant and equipment.

 

26.  Termination Of Employment

 

26.1      The employment of a full-time or part-time employee may be terminated by the giving of one weeks notice by either party or by the payment by the employer or forfeiture by the employee of one weeks pay in lieu of notice.  This shall not affect the employer’s right to summarily dismiss an employee without notice for serious or wilful misconduct in accordance with the grievance/disputes procedure.  In particular, this includes, but is not limited, to acts of refusal of duty, theft or the consumption of or trading in prohibited drugs on the employers premises.

 

26.2      If an employee is summarily dismissed, they shall only be paid for ordinary time worked up to the time of the dismissal.

 

26.3      Casual employment may be terminated in accordance with the grievance/disputes procedure by the giving of one hours notice by either party.  If this provision is exercised by the employer the employee will be paid as if they had completed that current engagement. If exercised by the employee payment will be made up to the expiration of the notice or the cessation of work whichever occurs first.

 

27.  Protective Clothing

 

Where it is necessary that waterproof or other protective clothing such as waterproof boots, aprons or gloves be worn by an employee such clothing shall be supplied without cost to the employee and shall remain the property of the employer.

 

28.  Uniforms

 

Where the employee is required or encouraged by the employer to wear a distinctive uniform then this uniform shall be supplied, free of charge, to the employee. Such uniform or other clothing as supplied shall remain the property of the employer and the current issue thereof shall be returned to the employer in the event of the termination of the employment.

 

The uniform may be laundered by the employer but where this is done by the employee they shall receive a laundry allowance as contained in Item 4 of Table 2 - Other Rates and Allowances.

 

29.  No Extra Claims

 

It is a term of this award that the union undertakes not to pursue any extra claims, award or over award, and excludes State Wage Case decisions for the duration of this award.  Provided that, in the event of marked economic change, the employer will consider a further approach by the union for a wage variation.

 

30.  Voluntary Exemption Agreements

 

30.1      Except as to the provisions of Clause 4 (Grievance/Dispute Settlement Procedure), Clause 11 (Jury Service), Clause 12 (Annual Leave), Clause 13 (Bereavement Leave), Clause 14 (Family Leave), Clause 15 (Long Service Leave), Clause 16 (Sick Leave), Clause 22 (Redundancy), Clause 37 (Authorised Stop work Meeting) and Clause 38 (Union Matters) of this award, this award shall not apply to persons employed on a weekly basis who are in receipt of a weekly wage package in excess of fifteen percent (15%) above the rate of pay provided for at Level 7 in clause 3 (Rates of Pay and Classification Structure).

 

30.2      The employee (whose weekly wage package qualifies under subclause 30.1) and the employer are free to negotiate any special conditions that may suit both parties and which may or may not include other provisions of this award.

 

30.3      Before entering into any voluntary agreement under the provisions of this clause the employee will be provided with a complete copy of this award.

 

30.4      Agreements entered into under the provisions of this clause must be by mutual consent and in writing.

 

30.5      Employees entering into agreements pursuant to this clause shall obtain independent advice from the union or such other qualified source and produce to the employer a certificate from the union or that other source that advice has been sought.

 

31.  Blood Donors

 

31.1      A full-time or part-time employee who wishes to donate blood shall be allowed to do so during working hours without loss of pay for ordinary time, provided that:

 

31.1.1   the time and day selected meets with the convenience of the employer and does not unduly disrupt the employer’s operations;

 

31.1.2   the employee is able to donate blood at a mobile service of the Blood Bank which is situated in or immediately adjacent to the employer’s premises or at a hospital  within five or less walking minutes from the employees place of employment;

 

31.1.3   having donated blood, the employee provides sufficient proof thereof and return to work thereafter;

 

31.1.4   this entitlement is limited to a maximum of two hours on no more than three occasions in any one year of employment.

 

32.  Occupational Health And Safety

 

The employer and each employee bound to observe the provisions of this award shall also co-operate positively in respect of obligations pursuant to the Occupational Health and Safety Act 1983.

 

33.  Superannuation

 

33.1      Superannuation Legislation -

 

33.1.1   The subject of superannuation is dealt extensively by Federal Legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act, 1993, the Superannuation (Resolution of Complaints) Act 1993, and s124 of the Industrial Relations Act 1996.  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

33.1.2   Subject to the requirements of this legislation, superannuation contributions for full-time and part-time staff  (at the discretion of an employee) may be made to:

 

33.1.2.1            the scheme currently arranged by the employer with Mercantile Mutual Corporation or any subsequent fund arranged by the employer; or

 

33.1.2.2            CLUBPLUS.

 

33.1.2.3            superannuation contributions for casual employees will all be made to CLUBPLUS.

 

34.  Bereavement Leave

 

34.1      Subject to notice being given and adequate proof of death within Australia being provided, employees shall be entitled to a maximum of three days paid leave on the death of a person prescribed for the purposes of Personal/Carer's Leave in subclause 14.1.2 of Clause 14 Personal/Carer's Leave.  Provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

34.2      This clause shall have no operation during any time when the employee would not normally be rostered for work.

 

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

 

34.4      Bereavement leave may be taken in conjunction with other leave available under Clause 14 Personal/Carer's Leave and clause 12 Annual 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.

 

35.  Amenities

 

The employer shall provide a properly equipped staff room, change room and toilets sufficient to satisfy the needs of employees on duty at any time.

 

36.  Repatriation Leave

 

36.1      Permanent full-time and part-time employees, being returned service personnel, shall be allowed as time worked, lost time whilst attending Repatriation Centres for medical examination and treatment, provided that:

 

36.1.1   such lost time does not exceed eight hours on each occasion;

 

36.1.2   payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of each such visit;

 

36.1.3   the provisions of this clause will apply to a maximum of five such attendances in any year of service with the employer, and a further maximum of 24 hours per annum;

 

36.1.4   the employee produces evidence satisfactory to the employer that he/she is required to and subsequently does attend a Repatriation Centre.

 

37.  Authorised Stopwork Meeting

 

37.1      Weekly and part-time employees together with those casual employees usually rostered on at the time and on the day on which an authorised meeting is held, who are members of the ALH and MWU shall be allowed two stop work meeting per year without loss of ordinary pay. The following conditions must be observed:

 

37.1.1   if the matter for discussion at the meeting is related to a grievance or dispute then the  Grievance/Dispute Resolution Procedure provided for under this award must have been followed;

 

37.1.2   such meeting shall be scheduled for a time and date agreed between the employer and the ALH & MWU and for which at least 14 days notice has been given.  In determining the appropriate time and date for the meeting the parties will take into consideration the factors which provide for the minimum disruption to the employer’s operations and the maximum attendance by union members.

 

37.1.3   the duration of the meeting shall be for not more than two hours and the employees must resume normal duties immediately on completion of the meeting;

 

37.1.4   in the interest of good harmonious industrial relations the ALH and MWU shall inform the employer immediately after the completion of the meeting of those matters of which the employer should be aware so that both parties are fully informed on the circumstances that lead to the meeting together with strategies for remedial action;

 

37.1.5   the employer agrees to make available a room in which the meeting can be conducted;

 

37.1.6   the ALH and MWU agrees to exempt from attending any meeting sufficient ALH and MWU members such that will enable the employer to maintain a minimum service to its members;

 

37.1.7   payment shall only be made to staff for the duration of the meeting for times that the employee would normally have been rostered to work during that period. Employees will not be entitled to payment if they have not resumed normal duties after the scheduled time for the meeting as agreed in subclause 37.1.3;

 

37.1.8   payment of wages shall only be made upon the employer being provided with satisfactory evidence of the employee’s attendance at the meeting;

 

37.1.9   employees who are not members of the ALH and MWU and who are rostered to work on the day and for the duration of the meeting of the union members shall continue working as normal.

 

38.  Union Matters

 

38.1      The employer will provide notice boards for the exclusive use of the union to display matters of interest for their members.

 

38.2      The employer supports the concept of training for delegates and will favourably consider any application by a union delegate for annual leave or leave without pay to attend union training programs or delegate’s seminars, provided that the absence of the delegate/s does not adversely impact on the employer’s ability to provide a service to its members.

 

38.3      To the extent that it does not unduly disrupt the workplace and interfere with the employer’s obligation to provide services to its members, union delegates shall be allowed reasonable time to deal with work related union matters as they arise.

 

39.  Savings Clause

 

No employee who was employed by the employer at 14 October 1996 shall be classified at a level under this award the weekly rate of pay for which is less than the weekly rate that applied to the employees classification under the previous employment arrangements.

 

40.  Anti-Discrimination

 

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

 

40.2      It follows that in fulfilling their obligations under the dispute resolution procedures prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operations 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.

 

40.3      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.

 

40.4      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 less than 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.

 

40.5      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."

 

41.  Leave Reserved

 

Leave is reserved for the University of Newcastle Union Limited with regards to IRC No. 678 of 2001 in the section 10 application and the Australian Liquor Hospitality Miscellaneous Workers Union with regards to IRC No. 6825 of 1999 in the section 17 variation currently before the Industrial Relations Commission of NSW.

 

42.  Area, Incidence And Duration

 

42.1      This award applies to all employees who perform work described in the classification structure in this award within the food and beverage operations of The University of Newcastle Union Limited and who were previously engaged under the provisions of the Restaurant &c. Employees (State) Award published 19 January 2001 (321 I.G. 759), as varied.

 

42.2      This award takes effect from the beginning of the first pay period to commence on or after 9 December 1997 and shall remain in force for a period of two years.

 

42.3      This award has been reviewed pursuant to Section 19 of the Industrial Relations Act 1996 and replaces the University of Newcastle Union Food and Beverage Staff (State) Award 1997 published 29 January 1999 (308 I.G. 149), as varied.  The changes to this reviewed award shall take effect on 12 April 2001.

 

PART B

 

MONETARY RATES

 

TABLE 1 - WAGE RATES

 

Clause Number	Classification Level	Weekly Rate $
3.2	Trainee Assistant	383.52
3.2	Level 1	407.07
3.2	Level 2	424.58
3.2	Level 3	450.33
3.2	Level 4	478.14
3.2	Level 5	506.98
3.2	Level 6	553.39
3.2	Level 7	577.08

 

Apprentice - 4 Year Term

 

Clause Number	Classification Level	Weekly Rate $
3.3	First Year	218.00
3.3	Second Year	288.98

 

3.3	Third Year	344.75
3.3	Fourth Year	405.58

 

 

TABLE 2 - OTHER RATES AND ALLOWANCES

 

Item Number	Clause Number	Brief Description	Amount $
1	5.6 & 17.4	Meal Allowance	5.50
2	9.1	First-Aid	11.60 per week
3	10.10	Broken Shift	7.80
4	28	Laundry Allowance:
		Chef's outfit	10.50 per week
		Supervisors	10.50 per week
		General Staff - Basic Uniform:	5.50 per week
		Full-time and part-time staff	1.10 per shift
		Casual staff
		General Staff - Functions Uniform:	2.10 on each occasion
		All general staff	special uniform is worn

 

 

 

 

R. W. HARRISON  D. P

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.