RECORDED MUSIC AND VISUAL ENTERTAINMENT REPRODUCTION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1236
of 2001)
|
Before Mr Deputy President Sams
|
14 May 2001
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classification Structure
4. Wages
5. Arbitrated Safety Net Adjustment and Minimum
Rates Adjustment
6. Hours
7. Superannuation
8. Part-time Employment
9. Overtime
10. Shift Work
11. Mixed Functions
12. Consultative Mechanism
13. Terms of Engagement
14. Counselling Procedure
15. Sundays and Holidays
16. Meals
17. Sick Leave
18. Annual Leave
19. Bereavement Leave
20. Uniforms
21. Protective Clothing
22. First-aid
23. Long Service Leave
24. Disputes and Industrial Grievance Procedures
25. Supported Wage
26. Training Wage
27. Personal/Carer’s Leave
28. Redundancy
29. Leading Hand Allowance
30. Enterprise Arrangements
31. Union Notice Board
32. Anti-Discrimination
33. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
2. Definitions
(i) "Union"
means The Gramophone Records Industry Union of New South Wales.
(ii) A casual
employee is one who is engaged and paid as such. A casual employee for working ordinary time shall be paid per
hour one thirty-eighth of the weekly rate prescribed in this award for the work
which the employee performs, plus 15 per cent. A casual employee shall be paid
for a minimum of four hours per engagement. An employer shall apply all the
provisions of this award to a casual worker, with the exception of the
following clauses:
Clause 15 Sundays
and Holidays.
Clause 17 Sick
Leave.
Clause 18 Annual
Leave.
Clause 19 Annual
Leave Loading.
3. Classification
Structure
(a) Entry Level -
Undertaking up to 38 hours induction training which may include information on
the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational health and safety, equal employment
opportunity and quality control/assurance.
(i) An employee
at this level performs routine duties essentially of a manual nature and, to
the level of their training, for a maximum of three months:
1. Exercises
minimal judgment.
2. Possesses
good interpersonal communications skills.
3. Works under
direct supervision.
4. Is
undertaking structured training so as to enable them to work at Grade 1.
5. Applies basic
numeracy and literacy skills.
6. May use hand
trolleys, pallet trucks.
7. Performance
of basic repetitive work associated with the production and distribution
process.
8. Performs
general labouring and cleaning duties.
(b) Grade 1 - An
employee who has completed up to three months structured training so as to
enable the employee to perform work within the scope of this level.
(i) An employee
at this level performs work above and beyond the skills of an employee at entry
level and, to the level of their training:
1. Works under
direct supervision either individually or in a team environment.
2. Understands
and undertakes basic quality control/assurance procedures, including the
ability to recognise basic quality deviations/faults.
3. Understands
and utilises basic statistical process control procedures.
(ii) Indicative of
the tasks which an employee at this level may perform are the following:
1. Repetition
work associated with the production and distribution process, including work on
automatic, semi‑automatic or single purpose machines or equipment
including a granulator.
2. Assembles
components using basic written, spoken and/or diagrammatic instructions in an
assembly environment.
3. Uses selected
hand tools.
4. Cleaning.
5. Maintains
simple records.
6. Assists in
the provision of on-the-job training in conjunction with tradespersons and/or
supervisor/trainees.
7. Basic testing
operations, which may include checking track sequencing and visual and audible
comparisons.
8. Audio and
visual cassette operations including duplicating, winding, loading and
unloading of spools, cartridges, pancakes and other components.
9. Order
assembly, including the picking and packing of stock.
10. Operation of
mobile equipment including forklifts, overhead cranes and winch operation in
accordance with statutory requirements.
11. Loading and
unloading of trucks.
12. Basic quality
control procedures.
13. General hand
duties.
(c) Grade 2 - An
employee who has training so as to enable the employee to perform work within
the scope of this level.
(i) An employee
at this level performs work above and beyond the skills of an employee at Grade
1 and, to the level of their training:
1. Is
responsible for the quality of their own work, subject to routine supervision.
2. Works under
routine supervision, either individually or in a team environment.
3. Exercises
discretion within their level of skills and training.
(ii) Indicative of
the tasks which an employee at this level may perform are the following:
1. Operates
flexibly between assembly stations.
2. Operates
machinery and equipment requiring the exercise of skill and knowledge beyond
that of an employee at Grade 1 (including machines in the cassette and CD
factory).
3. Machine
setting, adjustment, loading and operation (including machines in the cassette
and CD factory).
4. Basic tracing
and sketching skills.
5. Has a
knowledge of the employer's operation as it relates to production process.
6. Receiving,
despatching, distributing, sorting, checking, packing (other than repetitive
packing in a standard container or containers in which such goods are
ordinarily sold), polishing, documenting and recording of goods, materials and
components.
7. Inventory and
store control in the context of a production process and/or distribution
process.
8. Basic fault
finding skills.
9. Use of tools
and equipment within the scope (basic non‑trades) maintenance.
10. Basic keyboard
skills exercised in the context of the production and/or distribution process.
11. Advanced audio
and video quality control and inspection procedures involving electronic
testing equipment.
12. Ability to
measure accurately with precision measuring instruments.
13. Assists one or
more tradespersons.
14. Assists in the
provision of on-the-job training in conjunction with tradespersons and/or
supervisor/trainees.
15. Works from
production drawings, prints or plans.
16. Basic screen
printing of a non-trade nature associated with the production process.
17. Basic
electroplating, including mother and stamp handling and processing, and
associated activities.
(d) Grade 3 - An
employee who holds an appropriate trades certificate or recognition for prior
learning to a trade equivalent.
(i) An employee
at this level performs work above and beyond the skills of an employee at Grade
2 and, to the level of their training:
1. Works from
complex instructions and procedures.
2. Assists in
the provision of on-the-job training.
3. Co‑ordinates
work in a team environment or works individually under limited
supervision.
4. Is
responsible for assuring the quality of their own work.
5. Understands
and applies quality control techniques.
6. Exercises
discretion within the scope of this grade.
7. Exercises
keyboard skills at a level higher than Grade 2.
8. Able to
inspect products and/or materials for conformity with established operational
procedures.
(ii) Indicative of
the tasks which an employee at this level may perform are the following:
1. Intermediate
keyboard skills.
2. Performs
basic quality checks on the work of others.
3. Screen
printing.
4. Approves and
passes first off samples and maintains quality of product.
5. Operates all
production machinery in a plant to the extent of training.
6. Operate all lifting
equipment in accordance with statutory requirements.
7. Production
scheduling and materials handling within the scope of the production process or
directly related functions within raw materials/finished goods locations in
conjunction with technicians.
8. Understands
and applies computer techniques as they relate to production process
operations.
9. High level
stores and inventory responsibility beyond the requirements of an employee at
Grade 2.
10. Assists in the
provision of on-the-job training in conjunction with tradespersons and
trainers.
11. Has a sound
knowledge of the employer’s operations as it relates to the production process.
12. CD tape and
audio and video mastering.
13. Electroplating
at a tradesperson level.
14. Complex set-up
and adjustments and trade maintenance functions, including production process
welding and injection moulding operations.
15. Installing,
servicing, maintaining and repairing recording appliances and/or equipment and
or multi-function printed circuitry using circuit diagrams and test equipment,
testing, fault finding and diagnosing equipment, working under minimum
supervision and technical guidance, provide technical guidance within the scope
of the work prescribed, prepare reports of a technical nature on specific tasks
or assignments as directed within the scope of the work described.
(e) Appeals
Procedure - An employer shall keep a list of employees and the grade in which
they are classified. An employee may request the employer to inform them of
their classification grade. Any dispute arising in relation to the
classification of an employee shall be dealt with in accordance with clause 24,
Disputes and Industrial Grievance Procedures.
4. Wages
(a) Adult
Employees - An adult employee of a classification specified herein shall be
paid per week the wage rate assigned to that classification, according to the
area in which he/she is employed, as set out in Table 1 - Wages, of Part B,
Monetary Rates.
(b) Junior
Employees - Employees under the age of 20 may be employed under the terms of
this award, and be paid as follows:
(i) (a) At 16 years of age 60 per cent of the adult rate
At 17 years of age 70
per cent of the adult rate
At 18 years of age 80
per cent of the adult rate
At 19 years of age 90
per cent of the adult rate
At 20 years of age 100
per cent of the adult rate
Employment of temporary juniors is limited to two months per
engagement and no more than two engagements per year.
(b) The ratio of
junior employees per 100 adult employees shall be 15 - 15 per cent in any one
work area or employer’s premises.
(c) No junior
employee under the age of 17 years shall be employed after 8.00 p.m. or on any
night shift.
(c) Apprentices -
(i) The minimum
weekly wage for apprentices shall be the following:
4-Year Term Percentage
of
Apprenticeship Grade
3 Rate
First 42
Second 55
Third 75
Fourth 88
(ii) An adult
apprentice means a person of 21 years of age or over at the time of entering
into an indenture. Where a person was employed by the employer immediately
before becoming an adult apprentice, such person shall not suffer a reduction
in actual rate of pay by virtue of becoming indentured.
(iii) All
apprentices are to receive time off from work in order to attend training,
provided that proof of attendance is shown to the employer.
(iv) The employer
will reimburse all monies for the purchase of any books required for the
apprenticeship, provided that proof of successful completion of the relevant
subject is shown to the employer.
5. Arbitrated Safety
Net Adjustment and Minimum Rates Adjustment
The rates of pay in this award include the First, Second and
Third Arbitrated Safety Net Adjustments payable under the State Wage Case -
December 1994 decision. These
arbitrated safety net adjustments may be offset to the extent of any wage
increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage
Case principles or under the current principles, excepting those resulting at
the enterprise level, are not to be used to offset arbitrated safety net
adjustments.
The rates of pay in this award include the adjustments
payable under the State Wage Case June 2000.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
The rates of pay in this award include payment for the
first, second, third and fourth minimum rates adjustments for minimum rates in
accordance with the State Wage Case August 1989; Re: Minimum Rates Adjustment
(1990) and the State Wage Case - May 1991 decision.
6. Hours
(i) The ordinary
hours of day work shall not exceed 38 per week. Such hours shall be worked between 6.00 a.m. and 6.00 p.m. over
five days, Monday to Friday inclusive, or four continuous days, subject to an
agreement between the employer and the majority of employees in the section or
sections concerned.
If an employer is experiencing difficulty in obtaining such
agreement, joint counselling sessions involving the employer and union officers
shall transpire to ensure implementation of the four-day working week to meet
the needs and direction of management.
The span of hours may be increased by agreement between the
employer and the majority of affected employees in the work section or
sections.
(ii) The daily
number of hours of work shall be 7.6, except that, by agreement between the
employer and the majority of employees in the section or sections concerned,
work up to and including 12 hours per day can transpire at ordinary rates. In addition, by agreement between an
employer, the union, and the majority of employees in the plant, work section
or sections concerned, ordinary hours not exceeding 12 on any day may be worked
at ordinary rates, 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 introduced;
3. suitable
roster arrangements being made; and
4. proper
supervision being provided.
(iii) Within the
limits prescribed in subclause (i) of this clause, the employer shall have the
right to fix starting and finishing times for employees; provided that, when
such times are fixed, no alteration shall be made until after the expiration of
48 hours from the date upon which the employer gives notice of the intention to
make an alteration. The notice shall be
exhibited in each department affected by the alteration.
7. Superannuation
(i) The employer
shall, after an employee has had four weeks continuous service, contribute an
amount equal to seven per cent (7%) of that employee’s ordinary-time earnings
into a fund complying with the legislation. After four weeks continuous service
the contribution shall be payable from the date of commencement of employment.
(ii) (a) The term "employee" used in
subclause (i) of this clause means a weekly, part-time or casual employee. In respect of a casual employee "four
weeks continuous service" means employment in four successive pay weeks or
after 60 hours of employment, whichever is the greater.
(b) The term
"ordinary-time earnings", used in subclause (i) of this clause, means
the employee’s award classification rate together with casual loading,
overaward payments, leading hand allowance and shift work loadings where
applicable. The term does not include
payment for overtime, meal allowance or first-aid allowance.
(iii) If the
employee nominates an alternative fund, in writing, and the fund is approved by
the employer, the required contributions may be paid into the said alternative
fund, assuming the fund complies with the relevant legislation.
(iv) By agreement
between the employer and the majority of employees, the employer must
contribute to an alternative fund, other than the fund specified in subclause
(i), assuming the fund complies with the relevant legislation.
8. Part-time
Employment
Part-time employees may be employed under the terms of this
award and work a lesser number of hours than the prescribed number of hours for
weekly employees.
(a) Part-time
employees shall be remunerated according to the terms of this award on a pro
rata basis for hours worked.
(b) Any part-time
employee shall be guaranteed a minimum of 15.2 hours of employment per week and
a minimum of four hours on each engagement.
(c) No employer
shall employ more than 20 part-time employees per 100 full-time employees - 20
per cent in any one area or employer’s premises.
9. Overtime
(i) All work
performed before the fixed starting time and after the fixed finishing time, or
in excess of 7.6 hours per day (except where a four-day working week is worked
pursuant to subclause (i) of clause 6, Hours, or where up to 12 hours at
ordinary rates are agreed pursuant to subclause (ii) of the said clause 6),
between the earliest and latest time mentioned in clause 6, shall be overtime
and paid for at the rate of time and a half for the first two hours and double
time thereafter. Double time shall
continue if, on the instruction of the employer, the employee resumes duty
before having ten consecutive hours off duty or seven consecutive hours off
duty if agreed to in accordance with subclause (iv) of this clause.
(ii) An employee
required to work overtime in excess of one and a half hours shall, before
starting overtime, be allowed a crib period of 20 minutes, which shall be
counted as time worked, and a further 20 minutes crib time after each four
hours’ overtime worked if the employee continues to work after such crib time.
(iii) An employee
required to work on Saturday or Sunday or any public holiday shall be provided
10 minutes’ crib time after the first two hours of work, and 30 minutes after
every subsequent four hours of work.
All crib periods shall be counted as time worked.
(iv) When an
employee is required to work overtime exceeding one hour, without being
notified before the conclusion of his or her previous day’s work, the employee
shall be provided with any necessary meal or with an amount as set out in Item
1 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, in lieu
of each meal it would be necessary to provide. If such order is cancelled on
the day upon which overtime was to be worked the employee shall be paid an
amount as set out in the said Item 1.
(v) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days. An employee (other than a casual employee) who works so much
overtime between the termination of his/her ordinary work on one day and the
commencement of his/her ordinary work on the next day that he/she has not had
at least ten consecutive hours off duty between those times shall, subject to
this subclause, be released after completion of such overtime until he/she has
had ten consecutive hours off duty, without loss of pay, for ordinary time
occurring during such absence. If, on the instruction of the employer, such an
employee resumes or continues work without having had such ten consecutive
hours off duty, he/she shall be paid at the applicable overtime rates until
he/she is released from duty for such period and he/she then shall be entitled
to be absent until he/she has had ten consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
(vi) By agreement
between the employer and employee, a lesser period than ten hours may be
provided, but shall not be less than seven hours.
10. Shift Work
The following conditions shall apply unless otherwise agreed
between the employer and the accredited representative of the union:
(i) (a) Four shifts to be known as day, morning,
afternoon and night shift shall be as follows:
Day shift means any shift starting at or after 6.00 a.m. and
finishing at or before 6.00 p.m., unless the ordinary span of hours has been
varied by agreement.
Morning shift means any shift starting before 6.00 a.m.,
unless the ordinary span of hours has been varied by agreement.
Afternoon shift means any shift finishing after 6.00 p.m.
and at or before midnight, unless the ordinary span of hours has been varied by
agreement.
Night shift means any shift finishing after midnight and at
or before 8.00 a.m.
(b) No employee
who has been employed on a shift shall work on the next shift except in case of
emergency and in such case the employee concerned shall be paid the overtime
rate as provided in clause 9, Overtime, for the second shift.
(ii) (a) Morning and afternoon shift employees
shall be paid 15 per cent more than the ordinary rate quoted in clause 4,
Wages.
(b) Night shift
employees shall be paid 25 per cent more than the ordinary rate quoted in the
said clause 4.
(c) All time
worked by shift workers in excess of 7.6 hours shall be paid for at overtime
rates as provided in clause 9, Overtime, except as provided for in subclause
(ii) of clause 6, Hours.
(d) The number of
shifts to constitute a week’s work shall not exceed five.
11. Mixed Functions
An employee required to perform duties for which a higher
rate is fixed shall be paid at the higher rate for the time so worked after a
minimum of four hours. If an employee is temporarily engaged on work for which
a lower rate than his or her usual rate is fixed, the employee shall suffer no
reduction in pay whilst so employed.
12. Consultative
Mechanism
An employer shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
13. Terms of
Engagement
(i) Except in the
case of casual employment and as hereinafter provided, employment shall be by
the week.
(ii) (a) Employment shall be terminated by a
week’s notice on either side, given at any time during the week or by payment
or forfeiture of a week’s wages, as the case may be.
This shall not affect the right of an employer to dismiss
any employee without notice for malingering, inefficiency, neglect of duty or
misconduct and, in such cases, the wages shall be paid up to the time of
dismissal only, or to deduct payment for any day the employee cannot be
usefully employed because of any strike or through any breakdown in machinery
or any stoppage of work by any cause for which the employer cannot be held
responsible.
(b) All weekly
employees shall serve a probationary period of three months from the date of
commencement of employment with the employer.
During the first month termination shall be at one day’s notice, in the
second month two days notice shall apply and, in the third month, three days
notice, subject to the counselling procedure.
(iii) An employee
not attending for duty shall, except as provided by clause 17, Sick Leave, lose
his or her pay for the actual time of such non-attendance.
(iv) Employees
shall work a reasonable amount of overtime as the employer shall from time to
time require, providing no undue hardship is incurred and the physical
well-being of the employee is not impaired.
(v) An employer
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training.
14. Counselling
Procedure
The parties agree to the following procedure:
(i) Where a
misdemeanour occurs, it shall be appropriate that the employee be counselled by
his/her supervisor in the presence of the union delegate.
(ii) If after
counselling the problem continues, the employee should be counselled and
provided with a written warning detailing the event or behaviour which needs to
be improved or changed. This warning should
be given in the presence of a union representative or other employee
representative. A copy of this warning
shall be placed in the employee’s employment history file.
(iii) If after this
warning to the employee no improvement occurs within a period of three months,
then the employee shall be provided with a written final warning again in the
presence of a union delegate or an employee representative.
(iv) After
receiving this warning, if the employee repeats the event or behaviour within a
period of six months, then the employee can be terminated.
(v) If during the
above six-month period the employee does not repeat the event or behaviour
which produced the need for the final warning, the final warning advice becomes
null and void and cannot be considered grounds for termination.
(vi) The above
procedure shall not be adopted in cases warranting summary dismissal. In the case of an employee in his/her first
three months of employment the first warning shall be the final warning.
(vii) Where, because
of the serious nature of a misdemeanour the Company believes that a final
warning should be given, this should be done in consultation with a delegate.
15. Sundays and
Holidays
(i) This clause
shall not apply to casual employees.
(ii) The following
days shall be observed as holidays and paid for even though not worked,
viz.: New Year’s Day, Australia Day,
recreation day of the union, Good Friday, Easter Monday, Anzac Day, Queen’s
Birthday, Eight-hour Day, Christmas Day and Boxing Day, together with all days
which may hereafter be proclaimed as holidays for the district in which the
employee is employed.
(iii) All time
worked on a holiday or on a Sunday shall be paid for at double rates, with a
minimum payment of four hours on a Sunday.
By agreement between the employer and the majority of employees in the
section or sections concerned, work may be performed on a Saturday and Sunday
at ordinary rates of pay.
(iv) The recreation
day of the union shall be on a day to be determined in advance by mutual
agreement between the employer and the majority of employees.
16. Meals
(i) Not more than
one hour or less than 30 minutes shall be allowed for the meal break, Monday to
Friday.
(ii) No employee
shall work longer than five hours without a break for a meal.
(iii) Meal breaks
may be taken at any time mutually agreed between the employer and the
employee(s).
17. Sick Leave
(i) This clause
shall not apply to casual employees.
(ii) An employee
with not less than three months’ continuous service in the industry covered by
this award, who is absent from work by reason of personal illness or injury
(not being illness or injury arising from an employee’s misconduct or default
or from an injury arising out of or in the course of employment), shall be entitled
to leave of absence without deduction of pay, subject to the following
conditions and limitations and the proviso that on application by the employee
during the fourth month of employment and subject to his or her entitlement and
other conditions of this clause, the employee shall be paid for any sick leave
taken during the first three months in respect of which payment was not made.
(a) The employee
shall, before their normal commencement time (as is reasonably practicable to
do), inform the supervisor or the person responsible for the crewing of their
inability to attend for duty. If it is
not reasonably practicable to give notice before the employee’s normal
commencement time (for example, where the employee is living alone and cannot
get to a phone), then they must still notify by the end of their normally
rostered shift to qualify for sick pay.
(b) The employee
shall furnish to the employer a medical certificate stating that he or she was
unable, by reason of such illness or injury, to attend for duty on the day or
days for which sick leave is claimed.
(c) Sick leave
entitlements shall accrue on the following bases ¾
1st year of service - five days paid leave at ordinary-time
rates.
2nd year of continuous service and each successive year
thereafter - eight days paid leave at ordinary-time rates.
10th year of continuous service and each successive year
thereafter - ten days paid leave at ordinary-time rates.
(iii) The
employee’s unclaimed sick leave shall accumulate from year to year so long as
his or her employment continues with the employer, so that any sick leave which
has not been allowed in any year may be claimed by the employee and shall be
allowed by the employer, subject to the conditions prescribed by this clause,
in a subsequent year of such continued employment.
(iv) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee).
(v) Service before
the date of coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(vi) For the
purpose of this clause, "year of service" means the period between
the date of commencement in employment in any year and the anniversary of the
commencement of employment in the next year.
(vii) The rate of
pay to be paid under this clause shall be the average rate excluding penalty
payments received by the employee for ordinary hours worked during the previous
four pay periods.
(viii) Where an
employee has been, in the opinion of the Company, abusing sick leave, he or she
shall be counselled by the Company in the presence of the union delegate. If there is no improvement as a result, the
employee shall be required to provide a medical certificate for all subsequent
absences.
18. Annual Leave
(i) In this
clause, the Annual Holidays Act 1944
is referred to as "the Act".
(ii) All employees
to whom this award applies shall be entitled to four weeks annual leave, plus
an annual leave loading of 17.5 per cent on the average rate.
(iii) The 17.5 per
cent leave loading does not apply upon termination of employment where employees
are entitled to pro rata annual leave.
(iv) Before an
employee is given and takes his or her annual holiday or where, by agreement
between the employer and the 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 the 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.)
(v) 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.
(vi) The loading is
the amount payable for the period or the separate periods, as the case may be,
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 his or her annual holiday,
together with normal overaward payment or average bonus, as the case may be,
but shall not include other allowances, penalty rates, shift allowances,
overtime rates or any other payments prescribed by this award.
(vii) 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 he or 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 (vi) of this clause, applying
the award rates of wages payable on that day.
(viii) Where, in
accordance with the Act, the employer’s establishment, or part of it, is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(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 him
or her under the Act, such proportion of the loading that would have been
payable to him or her under this clause if he or she had become entitled to an
annual holiday prior to the close-down as his or her qualifying period of
employment in completed weeks bears to 52.
(ix) (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 he/she became entitled, he/she shall be paid a
loading calculated in accordance with subclause (iv) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
(x) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he or she 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 a public or special holiday) exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
19. Bereavement Leave
(i) An
employee other than a casual employee
shall be entitled to up to two days bereavement leave without deduction of pay
on each occasion of the death of a person prescribed in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, it required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for in subparagraph (2) of paragraph (iii) of subclause (a) of clause
27, 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
(b), (c), (d), (e) and (f) of clause 27, Personal/Carer's Leave. In determining such a request the employer
will give consideration to the circumstances of the employee and reasonable
operational requirements of the business.
20. Uniforms
Where uniforms, caps or overalls are required to be worn
they shall be supplied and laundered by the employer.
21. Protective
Clothing
The employer shall provide at their expense all necessary
protective clothing.
22. First-aid
(i) Attendant -
An employer shall endeavour to have at least one employee trained to render
first-aid in attendance when work is performed at an establishment.
(ii) First-aid
Outfit - In each workshop and at other places where employees are regularly
employed, the employer shall provide, and continuously maintain at a place or
places reasonably accessible to all employees, an efficient first-aid outfit;
provided that this subclause shall not apply to any employer who, pursuant to
any other award or determination or any State Act or regulation, provides an
efficient first-aid outfit.
(iii) An employee
who has been trained to render first-aid and who is the current holder of an
appropriate first-aid qualification, such as a certificate from St John
Ambulance or similar body, shall be paid a weekly allowance as set out in Item
2 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, if
appointed by the employer to perform first-aid duty.
23. Long Service
Leave
See Long Service Leave
Act 1955.
24. Disputes and
Industrial Grievance Procedures
A procedure for the avoidance of industrial disputes shall
apply in establishments covered by this award.
The objectives of the procedure shall be to continue to
resolve disputes by measures based on consultation, co-operation and
discussion.
It is acknowledged that in some companies or sectors of the
industry, disputes avoidance/settlement procedures are either now in place or
in the process of being negotiated and it may be the desire of the immediate
parties concerned to pursue those mutually agreed procedures. In other cases, the following principles
shall apply:
(i) Depending on
the issues involved, the size and function of the plant or enterprise and the
union membership of the employees concerned, a procedure involving up to four
stages of discussion shall apply. These are:
(a) discussions
between the employee/s concerned and, at his/her request, the appropriate union
shop steward/delegates, and the immediate supervisors;
(b) discussions
involving the employee/s, shop steward/s and more senior management;
(c) discussions
involving the Secretary of the union or his/her nominee and the employer
organisation branch representatives.
(ii) There shall
be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
(iii) Throughout
all stages of the procedure all relevant facts shall be clearly identified and
recorded.
(iv) Sensible time
limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should
be allowed for all stages of the discussions to be finalised.
(v) Emphasis shall
be placed on a negotiated settlement.
However, if the negotiation process is exhausted without the dispute
being resolved, the parties shall jointly or individually refer the matter to
the Industrial Relations Commission of New South Wales for assistance in
resolving the dispute.
(vi) In order to
allow for the peaceful resolution of grievances the parties shall be committed
to avoid stoppages of work, lockouts or any other bans or limitations on the
performance of work while the procedures of negotiation and conciliation are
being followed.
(vii) The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with safe working practices and consistent with established
custom and practice at the workplace.
25. Supported Wage
(a) This clause
defines the conditions which will apply to employees who, because of the
effects of a disability, are eligible for a supported wage under the terms of
this award. In the context of this clause, the following definitions will
apply:
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity within the Supported Wage System.
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1996, as amended from time to time, or any successor to that scheme.
(iv) "Assessment
Document" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria ¾
Employees covered by this clause will be those who are unable to perform the
range of duties to the competence level required within the class of work for
which the employee is engaged under this award, because of the effects of a
disability on their productive capacity and who meet the impairment criteria
for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee who has
a claim against the employer which is subject to the provisions of workers’
compensation legislation or any provision of this award relating to the
rehabilitation of employees who are injured in the course of their current
employment.)
The award does not apply to employers in respect of their facility, program, undertaking,
service or the like which receives funding under the Disability Services
Act 1986 and fulfils the dual role of service provider and sheltered employer
to people with disabilities who are in receipt of or are eligible for a
disability support pension, except with respect to an organisation which has
received recognition under s 10 or section 12A of the Act or, if a part only
has received recognition, that part.
(c) Supported Wage
Rates ¾
Employees to whom this clause applies shall be paid the appropriate percentage
of the minimum rate of pay prescribed by this award for the class of work which
the person is performing according to the following schedule:
Assessed Capacity Percentage
of Prescribed Award
(subclause (d)) Rate
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
(Provided that the minimum amount payable shall be not less
than $45 per week.)
*Where a person’s assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
(d) Assessment of
Capacity ¾ For the purpose of establishing the
percentage of the award rate to be paid to an employee under this award, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System and documented in an assessment instrument by either:
(i) the employer
and a union party to the award, in consultation with the employee or, if
desired by any of these;
(ii) the employer
and an accredited Assessor from a panel agreed by the parties to the award and
the employee.
(e) Lodgment of
Assessment Document ¾
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect unless an objection is notified to the
Registrar within ten working days.
(f) Review of
Assessment ¾
The assessment of the appropriate percentage should be subject to annual review
or earlier on the basis of a reasonable request for a review. The process of review must be in accordance
with the procedures for assessing capacity under the Supported Wage System.
(g) Other Terms
and Conditions Employment - Where an assessment has been made, the appropriate
percentage will apply to the wage rate only.
Employees covered by the provisions of the clause will be entitled to
the same terms and conditions of employment as all other workers covered by
this award paid on a pro rata basis.
(h) Workplace
Adjustment ¾
An employer wishing to employ a person under the provisions of this clause must
take reasonable steps to make changes in the workplace to enhance the
employee’s capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
(i) Trial Period ¾
(i) In order for
an adequate assessment of the employee’s capacity to be made, an employer may employ
a person under the provisions of this clause for a trial period not exceeding
12 weeks, except that in some cases additional work adjustment time (not
exceeding four weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$45 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialled.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into, based on the outcome of assessment under subclause (d)
hereof.
26. Training Wage
The parties to this award shall observe the terms of the
National Training Wage Award 1994, as amended.
27. Personal/Carer’s
Leave
(a) Use of Sick
Leave -
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (iii) 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 17, 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.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) 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 paragraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(iv) 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.
(b) Unpaid Leave
for Family Purpose ¾
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 (a)(iii)(2) above who is ill.
(c) Annual Leave ¾
(i) 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.
(ii) Access to
annual leave, as prescribed in paragraph (i) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(iii) 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.
(d) Time Off in
Lieu of Payment for Overtime ¾
(i) 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.
(ii) 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.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) above, 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.
(iv) Where no
election is made in accordance with the said paragraph (i) the employee shall
be paid overtime rates in accordance with the award.
(e) Make-up Time ¾
(i) An employee
may elect, with the consent of their 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.
(ii) 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.
(f) Rostered Days
Off ¾
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in part-
day amounts.
(iii) 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.
(iv) 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.
Note: This subclause shall not apply to workplaces where an
RDO system is not in operation.
28. Redundancy
(1) Application -
(i) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified in this award.
(ii) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to termination of employment of an employee.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, 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.
(2) 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.
(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 paragraph (i) of subclause (1) makes
provision for the 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, inter alia, the
introduction of the changes referred to in subclause (2) above, the effects the
changes are likely to have on employees and measures to avert or mitigate the
adverse effects of the changes, including the nature of the changes proposed,
the expected effects of the changes on the employees and any other matters
likely to affect the employees ; provided that any employer shall not be
required to disclose confidential information the disclosure of which would
aversely affect the employer.
(3) Redundancy -
(i) Discussions
Before Terminations ¾
(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 (2), and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union.
(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, 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.
(4) Termination of
Employment -
(i) Notice for
Changes in Production, Program, Organisation or Structure -
This subclause sets out the notice provisions to be applied
to termination by the employer for reasons arising from "production",
"program", "organisation" or "structure" in
accordance with subparagraph (a) of paragraph (i) of subclause (2) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of Continuous Service Period of Notice
Less than 1 year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice for
Technological Change - This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "technology" in accordance with subparagraph
(a) of paragraph (i) of subclause (2) of this clause:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months notice of termination.
(b) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(iv) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such 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
Commonwealth Employment Service - Where a decision has been made to terminate
employees, the employer shall notify the Commonwealth Employment Service
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) 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.
(viii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (2), 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.
(5) Severance Pay
-
(i) Where an
employee is to be terminated pursuant to subclause (4), subject to further
order of the Industrial Relations Commission of New South Wales, the employer
shall pay the following severance pay in respect of a continuous period of
service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4 weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service 45
Years of Age or 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 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, shift penalties and allowances paid in accordance with
this award.
(ii) Incapacity to
Pay - Subject to application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount of
severance pay than that contained in paragraph (i) of this subclause.
The Industrial Relations Commission shall have regard to
such financial and other resources of the employer concerned as the
Commission thinks relevant, and the
probable effect paying the amount of severance pay in the said paragraph (i)
will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount of severance pay than that
contained in paragraph (i) above if the employer obtains acceptable alternative
employment for an employee.
29. Leading Hand
Allowance
A leading hand in charge of more than three and not more
than 10 persons shall be paid an amount as set out in Item 3 of Table 2 - Other
Rates and Allowances, of Part B - Monetary Rates.
A leading hand in charge of more than 10 and not more than
20 persons shall be paid an amount as set out in Item 3 of the said Table 2.
A leading hand in charge of more than 20 persons shall be
paid an amount as set out in Item 3 of Table 2.
30. Enterprise
Arrangements
The Industrial Relations Commission of New South Wales may
approve of enterprise arrangements reached in accordance with the Enterprise
Arrangements Principles of the State Wage Case - August 1997 and the provisions
of the Industrial Relations Act 1996.
31. Union Notice
Board
The employer shall provide at the workplace a notice board
for the union to display notices dealing with legitimate union business,
provided that such notices are authorised by an accredited union
representative.
32.
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 (NSW) 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 in 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
(NSW) it is unlawful to victimise an employee because the employee has been
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 effect:
(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 (NSW).
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Note:
1. Employers and
Employees may also be subject to Commonwealth Anti Discrimination legislation.
2. Section 56(d)
of the Anti-Discrimination Act (1977)
provides:
"Nothing in the Act effects....any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
33. Area, Incidence
and Duration
This award rescinds and replaces the Recorded Music and
Visual Entertainment Reproduction (State) Award published 31 March 2000 (314
I.G. 702), and all variations thereof.
It shall apply to all employees engaged in, or in connection
with, the manufacture, replication and distribution of all kinds of musical
records, compact discs, digital audio tapes, music videos, music cassettes,
film videos, compact disc videos, CD Rom, digital versatile discs and/or any
other medium used for the reproduction of sound, information or visual product
throughout the State of New South Wales.
It shall take effect from the beginning of the first pay
period to commence on or after 14 May 2001 and shall remain in force for a
period of 12 months.
PART B
MONETARY RATES
Table 1 - Wages
Adult Employees
|
Classification
|
Weekly Rate $
|
|
Entry Level
|
444.00
|
|
Grade 1
|
474.00
|
|
Grade 2
|
494.00
|
|
Grade 3
|
537.00
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount $
|
|
1
|
9 (iv)
|
Meal Allowance - working overtime for more than one hour,
|
|
|
|
|
without being notified previous days
|
6.55 per meal
|
|
|
|
|
|
|
|
|
- If order for overtime is cancelled
|
6.55 per meal
|
|
2
|
22 (iii)
|
First-aid
|
12.00 per week
|
|
3
|
29
|
Leading Hand in charge of -
|
|
|
|
|
- more than three and not more than 10 persons
|
24.55 per week
|
|
|
|
- more than 10 and not more than 20 persons
|
31.75 per week
|
|
|
|
- more than 20 persons
|
43.50 per week
|
P. J.
SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.