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New South Wales Industrial Relations Commission
(Industrial Gazette)





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TRANSPORT INDUSTRY - QUARRIED MATERIALS (STATE) AWARD
  
Date08/24/2001
Volume327
Part1
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0421
CategoryAward
Award Code 807  
Date Posted03/20/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(807)

SERIAL C0421

 

TRANSPORT INDUSTRY - QUARRIED MATERIALS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 3624 of 1999)

 

Before The Honourable Justice Marks

 5 July 2001

 

REVIEWED AWARD

 

 

1.  Award Title

 

Transport Industry - Quarried Materials (State) Award

 

2.  Arrangement

 

Section I                 Application And Operation Of Award

 

1.                      Award Title

2.                      Arrangement

3.                      Arbitrated Safety Net Adjustments

4.                      Anti-Discrimination

5.                      Area Incidence And Duration

6.                      Definitions

 

Section II               Wages, Allowances and Hours of Employment

 

7.                      Wages

8.                      Hours of Employment

9.                      Overtime

10.                    Limitation of Overtime

11.                    Shift Work

12.                    Recall

13.                    Saturday and Sunday Work

14.                    Casual Employees

15.                    Limitation of Driving Hours

16.                    Mixed Functions

17.                    Absences from Duty

18.                    Meals

19.                    Travelling and Living Away Allowances

20.                    Union's Picnic Day

 

Section III             Employer And Employee Duties, Employment Relationship

 

21.                    Payment of Wages

22.                    Termination of Employment

23.                    Counselling and Disciplinary Procedure

24.                    Unauthorised Persons Riding on Vehicles

25.                    Tools and Apparatus

26.                    Duties of Drivers

 

Section IV              Leave Entitlements and Public Holidays

 

27.                    Public Holidays

28.                    Sick Leave

29.                    Personal/Carer's Leave

30.                    Annual Leave

31.                    Long Service Leave

32.                    Bereavement Leave

33.                    Jury Service

 

Section V               Occupational Health and Safety

 

34                     Amenities

35.                    Uniforms and Protective Clothing

36.                    First Aid

 

Section VI              Industrial Relations and the Union and Other Provisions

 

37.                    Union Delegate

38.                    Notice Board

39.                    Disputes Procedure

40.                    Right of Entry

 

 

PART B

 

MONETARY RATES

 

Table 1-Wages

Table 2-Other Rates and Allowances

 

3.  Arbitrated Safety Net Adjustments

 

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

 

3.1        any equivalent over award payments, and/or

 

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

 

4.  Anti-Discrimination

 

4.1        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, ex, marital status, disability, homosexuality, transgender identity and age.

 

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

 

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

 

4.4        Nothing in this clause is to be taken to affect:

 

4.4.1     any conduct or act which is specifically exempted from anti-discrimination legislation;

 

4.4.2     offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

4.4.4     a party to this award from pursing matters of unlawful discrimination in any State or federal jurisdiction.

 

4.5        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 Ant- Discrimination Act 1977 provides:

 

"Nothing in the Act affects...any of the act or practiced 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."

 

5.  Area, Incidence And Duration

 

5.1        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Transport Industry - Quarried Materials (State) Award published 31 May 1991 (262 I.G.935) as varied.

 

5.2        This award shall apply to all employees principally engaged in cartage of "Quarried Materials, &c." as defined in clause 6, Definitions, within the State of New South Wales, (excluding the county of Yancowinna).

 

5.3        The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 5 July 2001.

 

5.4        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

6.  Definitions

 

6.1        The Act shall mean the Industrial Relations Act 1996, as amended.

 

6.2        Aggregate Mass shall mean the total weight of a loaded vehicle.

 

6.3        Articulated Truck shall mean a motor propelled vehicle used for the conveyance of material and comprising two separate units, viz., a tractor and a semi‑trailer.

 

6.4        Award shall mean the Transport Industry ‑ Quarried Materials (State) Award.

 

6.5        B‑Double Combination Vehicle shall mean a combination vehicle which consists of a prime mover hauling two semi‑trailers, where the second semi‑trailer is mounted on a turntable coupling located at the rear of the first semi‑trailer.

 

6.6        Casual employee shall mean an employee engaged by the day and paid by the day or at the conclusion of the casual employment.

 

6.7        Double time shall mean the employee's ordinary rate of pay plus 100 per cent.

 

6.8        Driver shall mean any person engaged to drive or control any type of vehicle specified in this award irrespective of other duties.  This definition shall not exclude other duties ordinarily performed by a driver.

 

6.9        Leading Hand shall mean an employee who, in addition to other duties, is required to direct the work and/or conduct, during working hours, of other employees.

 

6.10      Ordinary rate shall mean the employee's ordinary time rate of pay, which the employee is entitled to receive for work performed in ordinary working hours.

 

6.11      Other Agreed Starting Place shall mean a place, other than the Depot at which it is agreed between the employer and the employees affected such employees will be in attendance at the time or times fixed ready to commence work in ordinary working hours. Upon such agreement having been reached between the employer and the employees, as aforesaid, the employer shall forthwith notify the branch or sub‑branch secretary of the union of the location of such other agreed starting place.

 

6.12      Quarried Materials &c. shall mean any material and or by‑product of any material, excluding coal and coal‑ related products, which has been removed from a quarry, a sand pit, or a mine, provided that such material is for use in manufacturing or construction purposes. Quarried materials shall also mean slag and slag by‑ products, excluding coal‑slag products.

 

6.13      Time and one‑half shall mean the employee's ordinary rate of pay plus 50 per cent.

 

6.14      Trailer shall mean a vehicle, not having its own motive power, attached by means of a draw bar to a truck and hauled behind such truck.

 

6.15      Truck shall mean a motor propelled vehicle used for the conveyance of material.

 

6.16      Union shall mean the Transport Workers' Union of Australia, New South Wales Branch.

 

6.17      Year shall mean the period from 1st July to 30 June next following.

 

SECTION II - WAGES, ALLOWANCES AND HOURS OF EMPLOYMENT

 

7.  Wages

 

7.1        The wage rates for the classifications of employees in 7.2 below are as set out in Table 1 of Part B - Monetary Rates.

 

7.2        Classification Definitions:

 

Transport Worker Grade 1

 

Non‑driver or Driver up to 5 tonnes performing general non‑specialist mechanical duties on vehicles such as fuelling and changing of tyres; trainee driver; probationer driver serving first three months in quarried materials industry without the appropriate experience necessary for the industry.

 

Transport Worker Grade 2

 

Driver of one of the following standard type vehicles at basic, certificated or advanced standard:

 

Vehicle Class 1: Rigid four wheel truck with an aggregate mass of 13.9 tonnes or less.

Vehicle Class 2: Rigid six wheel truck with an aggregate mass of 20.4 tonnes or less.

Vehicle Class 3: Rigid eight wheel truck with an aggregate mass of 25 tonnes or less.

 

Vehicle Class 4: Articulated truck with up to five- (5) axle and with an aggregate mass of 35.4 tonnes or less.

 

Vehicle Class 5: Articulated tri‑axle truck or truck‑trailer combination with five (5) axles or more and with an aggregate mass of 38.3 tonnes or less.

 

Basic Standard refers to a Transport Worker Grade 2 who possesses only the appropriate license for the vehicle the employee is required to drive.

 

Certificated Standard refers to a Transport Worker Grade 2 who has obtained a formal General Certificate of Competency, provided that any Transport Worker Grade 2 who has completed nine months' satisfactory service and been denied the opportunity by the employee's employer to obtain a General Certificate of Competency shall be deemed to have reached certificated standard.

 

Advanced Standard refers to a Transport Worker Grade 2 who has obtained a formal Advanced Certificate of Competency, provided that any Transport Worker Grade 2 driving a Class 4 or 5 vehicle who has completed fifteen months' satisfactory service and been denied the opportunity by the employee's employer to obtain an Advanced Certificate of Competency shall be deemed to have reached advanced standard.

 

For every 2 tonnes or part thereof added to the defined standard aggregate mass of any of the above classes of vehicle, an additional all‑purpose margin as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B- Monetary Rates shall be paid.

 

Transport Worker Grade 3

 

Driver of B‑double combination vehicles. Note: the remuneration for this classification is recognised as being in full compensation for:

 

(a)        All existing legal requirements (including licenses), experience, existing industry certification and existing vehicle permits; and

 

(b)        Future company training programmes which might be introduced for B‑double drivers, as long as such training programmes only relate to matters in (a) above.

 

8.  Hours Of Employment

 

8.1        The ordinary hours of work shall be an average of 38 per week (exclusive of meal breaks) to be worked on one of the following bases:

 

(a)        38 hours within a work cycle not exceeding seven consecutive days; or

 

(b)        76 hours within a work cycle not exceeding 14 consecutive days; or

 

(c)        114 hours within a work cycle not exceeding 21 consecutive days; or

 

(d)        152 hours within a work cycle not exceeding 28 consecutive days; or

 

(e)        304 hours within a work cycle not exceeding 56 consecutive days.

 

The 38 ordinary hours of work may with the agreement of the Union and the employees involved be worked in any of the following ways:

 

(a)        Five equal days per week; or

 

(b)        Four equal days and one short day per week; or

 

(c)        Four equal days per week; or

 

(d)        Three equal days over five weeks and four equal days in the sixth week; or

 

(e)        Any other agreed method of implementation which may include an accrual system for a rostered day off to a pattern determined by the employer with up to five days of accrual.

 

8.2        The ordinary hours of work shall not exceed 8 hours per day, exclusive of meal breaks, on any day Monday to Friday between the hours of 6.30 am and 5.30 pm, provided that:

 

(a)        Employees may be rostered to work five days within a six day spread Monday to Saturday inclusive, with two consecutive days off and with all work on Saturday being subject to a penalty of 50%, and

 

(b)        Employees may be rostered to work five days within a seven day spread Monday to Sunday inclusive, with two consecutive days off and with all work on Sunday being subject to a penalty of 75%.

 

All overtime worked subsequent to a rostered day on a Saturday or Sunday shall be paid at the rate of double time.

 

8.3        Commencing and Finishing Times

 

Within the limits prescribed herein before, the employer shall fix the time and place at which each employee shall be in attendance at the yard, depot, garage or other agreed starting place ready to commence work in ordinary working hours and work shall be deemed to have commenced, for each employee in attendance, at the time and place so fixed. Working in ordinary working hours shall be deemed to have finished, for those employees in attendance, when a period of eight hours, exclusive of a break for a meal, calculated from the fixed starting time, has elapsed.

 

The employer may only alter the time and place fixed in accordance with 8.1, above, by notice posted for 7 days at the yard, depot, garage or other agreed starting place.  In cases of emergency such time or place may be altered on shorter notice by agreement with the employee or employees affected provided that notification of such alteration is given at the time to an authorised official of the union.

 

8.4        Permanent Part‑Time Employees

 

Employees may be engaged to work regular days and regular hours less than 38 per week, provided that:

 

(a)        The set weekly hours for such employees shall be determined upon engagement and thereafter not changed other than by agreement;

 

(b)        Notwithstanding (a) above, a minimum of three (3) days of six (6) consecutive hours shall be worked a week by such employees;

 

(c)        Such employees shall work day‑work only and not shift work;

 

(d)        All work outside the set hours contracted for at engagement shall be paid at overtime penalty rates;

 

(e)        The spread of ordinary hours allowable for part‑time employees shall be as set out in 8.2, and their rate of pay shall be calculated on the basis of an hourly rate equal to the weekly rate for the appropriate classification divided by 38;

 

(f)         The ratio of full‑time employees to non‑full‑time employees (including casuals and permanent part‑ time employees) shall remain at 4:1; and

 

(g)        No current employee shall be forced to become a permanent part‑time employee against the employee's will.

 

9.  Overtime

 

9.1        Overtime at the rate of time and one‑half for the first two (2) hours and double time thereafter shall be paid to all employees, including casuals, as follows:

 

(a)        For all time worked between the earliest and latest times mentioned in Clause 8, Hours of Employment, of this award, in excess of the set ordinary hours of work in any week.

 

(b)        For all time worked between such earliest and latest times in excess of the daily limitations prescribed in the said Clause 8, or before the usual commencing time or after the usual finishing time.

 

(c)        For all time worked before the said earliest time and for all time worked after the said latest time.

 

(d)        For the purpose of the computation of overtime each day shall stand alone; provided that where work continues beyond midnight, double time shall be paid until the completion of such overtime.

 

9.2        In the calculations of overtime, portions of hours shall be taken to the nearest one‑tenth of an hour.

 

9.3        Casuals-

 

In the case of casual employees, the overtime rate shall be calculated on the casual rate of pay.

 

10.  Limitation Of Overtime

 

10.1      Subject to the provisions of 10.3, and Clause 18, Meals, an employee may be required to work for a continuous period amounting to fifteen (15) hours, excluding meal breaks, from the time of commencing work.

 

10.2      Except in the case of accident or circumstances over which the employer has no control an employee shall not work and an employer shall not require an employee to work more than a total of twenty (20) hours' overtime in any one week exclusive of unpaid intervals allowed for meals.

 

10.3      An employee, other than one on shift work, who is required to work for a continuous period amounting to twelve (12) hours or more from the time of commencing work shall be entitled to be absent from work until the employee has had ten (10) consecutive hours off duty.  Should the said ten (10) hours or any part thereof coincide with the employee's ordinary hours of work the employee shall be paid at ordinary rates for the time which falls within the employee's ordinary hours of work.

 

11.  Shift Work

 

11.1      Shift Work-Notice

 

Employees may be rostered to work shifts of 8 hours upon 7 days notice in writing, or upon lesser notice by agreement between the employer and the Union delegate.

 

11.2      Shift Work-Rosters

 

Shift rosters shall specify commencing and finishing times of ordinary working hours of the respective shifts.  An employer shall not alter the roster of ordinary hours of shift work except by giving seven days notice, or by agreement with each employee concerned, or by the payment of a quick shift change allowance as set out in Item 2 of Table 2- Other Rates and Allowances, of Part B-Monetary Rates.

 

11.3      The ordinary hours for shift workers shall be an average of 38 hours per week.  Ordinary hours shall not exceed 8 in any consecutive 24 hours to be worked Monday to Friday inclusive.  Such work shall be arranged as provided for by Clause 8, Hours of Employment, provided that employees may be rostered to work shift work over five days within a six or seven day spread with two consecutive days off.

 

11.4      Shifts may be worked in the following ways:

 

(a)        Early Morning Shift - Any shift commencing after 4.00 am and at or before 6.00 am.

 

(b)        Permanent Night Shift - Any shift on which the employee works for a period in excess of four weeks, or for which the employee is specifically engaged, finishing subsequent to midnight and at or before 8.00 am.

 

(c)        Rotating Night Shift - A night shift as in (b) above where it is alternated with an early morning shift or a day shift.

 

(d)        Permanent Afternoon Shift - Any shift on which the employee works for a period in excess of four weeks, or for which the employee is specifically engaged, finishing subsequent to 6.00 pm and at or before midnight.

 

(e)        Rotating Afternoon Shift - An afternoon shift as in (d) above where it is alternated with an early morning shift or a day shift.

 

11.5      Shift Work-Penalties

 

Shifts shall attract the following penalties:

 

(a)        Early Morning Shift - 10%

 

(b)        Permanent Night Shift - 30%

 

(c)        Rotating Night Shift - 20%

 

(d)        Permanent Afternoon Shift - 17.5%

 

(e)        Rotating Afternoon Shift - 15%

 

Provided that where, at the employee’s own request and to suit their own personal requirements, any employee works permanently on afternoon or night shifts, then provided the employer notified the union of the agreement in writing and the union agrees, the employee shall be paid as if the shift were a rotating shift.

 

11.6      Shift Work-Weekends and Public Holidays

 

Shift workers rostered on a shift the major portion of which is performed on a Saturday, Sunday or public holiday shall be paid as follows:

 

(1)        Saturday at the rate of time and a half.

 

(2)        Sunday at the rate of time and three‑quarters.

 

(3)        Public Holidays at the rate of double time and a half.

 

The penalty rates prescribed by this subclause for work on a Sunday or a public holiday shall be payable in lieu of the shift allowances prescribed in 11.5.

 

Notwithstanding anything contained herein, each shift shall be paid for at the rate applicable to the day on which the major portion of the ordinary time of the shift is worked.

 

11.7      Shift Work-Overtime

 

For all time worked outside or in excess of the arranged ordinary shift hours shift workers shall be paid at time and a half for the first 2 hours and double time thereafter and provided that for shifts the major portion of which fall on a Sunday or a public holiday, all overtime shall be paid at the rate of double time.

 

11.8      Shift Work-Casual Employees

 

(a)        Casual employees may be engaged on shift work on less than 38 hours per week.

 

(b)        Leave is reserved for the to parties apply for a minimum period of engagement for casuals on shift work.

 

(c)        Casual shift workers shall be entitled to the appropriate shift penalty as provided for in 11.5 plus 15% loading.

 

(d)        Casual shift workers who work in excess of the arranged ordinary hours of the shift on which they are rostered shall be entitled to the appropriate overtime rates provided for in 11.7.

 

(e)        Casual shift workers for work on a rostered shift the major portion of which is performed on a Saturday, Sunday or public holiday shall be paid at the appropriate rates provided for in 11.6 and in addition thereto a loading of 15%, provided that such payments for work on a Sunday or public holiday shall be in lieu of the shift allowances provided for in 11.5.

 

11.9      Shift Work-Meal Time

 

All shift workers whilst working on early morning, afternoon or night shift shall be entitled to a meal break of not less than twenty (20) minutes.  All meal breaks and crib times of a lesser period than thirty (30) minutes shall be counted as time worked.  Provided that the provisions of subclause 18.5 of Clause 18, Meals, shall override the provisions herein where applicable.

 

12.  Recall

 

An employee recalled for work shall be guaranteed and shall be paid for at least four (4) hours' work for each start at the appropriate rates of pay.

 

This clause shall also apply to any employee called upon to work before normal starting time, and whose overtime work does not continue up to such starting time.

 

13.  Saturday And Sunday Overtime Work

 

13.1      An employee required to work overtime on a Saturday shall be paid at the rate of time and one‑half for the first two (2) hours and double time thereafter for all time worked, with a minimum payment of four (4) hours at the appropriate rate of pay, whether he/she works for that period of time or not.

 

13.2      An employee (other than an employee working on ordinary shift) who is required to commence overtime work on a Saturday at 12 noon or thereafter, shall be paid at double time.

 

13.3      An employee required to work overtime on a Sunday shall be paid at the rate of double time for all time worked, with a minimum payment of four (4) hours at the appropriate rate of pay whether he/she works for that period of time or not.

 

14.  Casual Employees

 

14.1      Casuals shall be paid an hourly rate derived from the rate for the appropriate classification specified in Clause 7, Wages, and in addition thereto 15 per cent of such rate.

 

14.2      Irrespective of hours worked, any casual employee engaged shall be paid for a minimum of:

 

(a)        six (6) hours worked for each start at establishments with a total of more than ten (10) employees employed under this Award;

 

(b)        four (4) hours worked for each start at establishments with a total of ten (10) or less employees employed under this Award.

 

14.3      No employer shall engage casual employees in excess of one quarter of the number of weekly employees employed by it under this Award, provided that each employer may employ one (1) additional casual employee irrespective of the number of weekly employees engaged.

 

14.4      Upon request, any employer employing casual employees under this Award shall furnish an accredited representative of the Union with the number of employees employed on any specified day, showing separately the number of casual employees employed on such day.

 

15.  Limitation Of Driving Hours

 

An employee shall not drive and an employer shall not require an employee to drive for periods in contravention of the appropriate NSW Government legislation.

 

16.  Mixed Functions

 

16.1      An employee required by the employer to work for less than two hours a day on work carrying a higher rate of pay shall be paid at the higher rate for the actual time so worked and when required to work for more than two hours a day on such work the employee shall be paid as for a whole day's work.

 

16.2      This clause shall not apply to actual periods of one hour or less or to interchange of work arranged between employees to meet their personal convenience.

 

17.  Absence From Duty

 

Where an employee is absent from duty (other than on annual leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) the employee shall for each day absent, lose average pay for each such day calculated by dividing the weekly wage rate by 5.  An employee who is absent for part of a day shall lose average pay for each hour or part thereof the employee is absent, calculated by dividing the weekly wage rate by 38.  An employee so absent from duty will not accrue the entitlement for rostered time off.  The employee shall take the time off as rostered but shall be paid, in respect of the week during which the rostered time off is taken, the employee’s weekly pay less an amount calculated according to the following formula:

 

Number of day(s) absent during cycle x 0.4 hrs x weekly wage rate divided by 38.

 

 

18.  Meals

 

18.1      On the days Monday to Friday, inclusive, there shall be one unpaid break of not less than 30 minutes nor more than one (1) hour for lunch between the hours of 11 am and 2 pm

 

Provided that an employee shall not be required to take a lunch break before a period of four hours, calculated from normal starting time, has elapsed.

 

(a)        Within the limitation prescribed in this subclause, the employer shall nominate the length of the lunch break to be taken by various employees and this shall be recognised as their regular lunch break. Once fixed, the length of the lunch break may only be altered by three (3) days' notice being given to the employee concerned.

 

(b)        An employee whose regular lunch break exceeds 30 minutes may be required by the employer, on any day, to take a lunch break of a lesser period, not being less than 30 minutes and in this case the employee shall be paid at the rate of time and one‑half for the time worked during the employee's regular lunch break.

 

18.2      (a)        An employee who is required to work overtime on any week day for a period of two hours or more after the employee’ normal finishing time shall be allowed a paid crib break of 20 minutes not later than 5 hours after the end of the employee’s lunch break and, the employee shall, unless the employee was notified on the previous day or earlier that the employee would be required to work such overtime, be paid a meal allowance as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates.  Where notification to work overtime has been given on the preceding day or earlier and such overtime is then cancelled on the day such overtime was to be worked, an employee shall be paid a meal allowance as set out in Item 7 of Table 2, Other Rates and Allowances, of Part B - Monetary Rates.

 

(b)        An employee, who, on any weekday, is recalled to work after having finished work for the day or who is called upon to work before the employee's normal starting time and where such work does not continue up to the normal starting time shall be allowed a paid crib break of 20 minutes for each 5 hours worked calculated from the time of commencement of work or from the end of the previous crib break, whichever applies.

 

18.3      (a)        An employee required to work on a Saturday, Sunday or public holiday shall be allowed a paid crib break of twenty (20) minutes for each five (5) hours worked; the said five (5) hours to be calculated from the time of commencement of work or from the end of the previous crib break, whichever applies.

 

(b)        An employee required to work for a period of eight (8) hours between the hours of 6.30 am and 5.30 pm on a Saturday, Sunday or public holiday may be allowed the usual weekday lunch break and, in that case, the provisions of paragraph (a), of this subclause, shall not apply.

 

18.4      Employees working, whether permanently or from time to time, in or in connection with an industry or establishment where it is the custom to allow conditions relating to meal breaks, crib breaks or meal allowances different from those prescribed in this clause may, at the discretion of the employer, be allowed such different conditions.

 

18.5      Meal breaks and other breaks shall be taken to ensure compliance with statutory requirements pertaining to the completion of logbooks, and shall correspond where possible with periods of non‑productive time.  Employers shall make use of the following provisions relating to meal breaks if so necessitated by the introduction of new statutory requirements:

 

(a)        On the days Monday to Friday, inclusive, each employee (not being a shift worker) shall receive and shall take one unpaid meal break of not less than 30 minutes nor more than one (1) hour between 4 hours 40 minutes and 5 hours after commencement of work.

 

(b)        Each employee (not working an afternoon or night shift) shall receive a paid break of 10 minutes between 1.00 pm and 2.30 pm.  This break shall be taken when the employer directs it to be taken, or in the absence of such direction according to the demands of work.

 

(c)        Each employee working a shift in accordance with Clause 11, Shift Work, shall receive and shall take one meal break of not more than 30 minutes between 4 hours 40 minutes and 5 hours after the commencement of work.

 

(d)        Each employee shall have a paid break of 30 minutes to be taken between 4 hours 40 minutes and 5 hours after the completion of the meal break when required to work overtime.

 

(e)        Each employee required to work on Saturday, Sunday or a public holiday shall receive and shall take a 30 minute crib break to be taken between 4 hours 40 minutes and 5 hours from the commencement of work. Further crib breaks shall be received and taken between 4 hours 40 minutes and 5 hours from the end of the preceding crib break.

 

19.  Travelling And Living Away Allowance

 

19.1      (a)        An employee who, on any day, is required by the employee's employer to start work at a place other than the employer's yard, depot or any other agreed starting place, shall be in attendance at such place at the time stipulated by the employer ready to commence work but, for all time reasonably spent in reaching such place in excess of the time normally spent in travelling from the employee's home to the employer's yard, depot or any other agreed starting place, the employee shall be paid at ordinary rates (except on Sundays and holidays when the rate shall be time and one‑ half) and the employee shall also be paid any fares reasonably incurred in excess of those normally incurred in travelling between the employee's  home and the employer's yard, depot or any other agreed starting place.

 

(b)        An employee who, on any day, is required by the employee's employer to finish work at a place other than the employer's yard, depot or any other agreed starting place shall, for all time reasonably spent in reaching the employee's home from such place in excess of the time normally spent in travelling from the employer's yard, depot or any other agreed starting place to the employee's home, be paid at ordinary rates except on Sundays or holidays when the rate shall be time and one‑half) and the employee shall also be paid any fares reasonably incurred in excess of those normally incurred in travelling between the employer's yard, depot or any other agreed starting place and the employee's home.

 

19.2      All time spent in travelling by an employee in ordinary working hours in connection with the employee's work shall be paid for at ordinary rates (except on Sundays and holidays when the rate shall be time and one‑half).

 

19.3      All time spent in travelling by an employee outside ordinary working hours in connection with the employee's work shall be paid for at ordinary rates (except on Sundays and holidays when the rate shall be time and one‑half). Travelling referred to in this subclause shall mean travelling either by train, boat or other conveyance and shall not include travelling by an employee between the employee's home and the employer's yard, depot or any other agreed starting place.

 

19.4      Employees engaged on work or in travelling in connection with work which precludes them from reaching their home at night shall be paid all reasonable and actual expenses incurred in obtaining accommodation for the night, including an evening meal, bed and breakfast, provided that:

 

(a)        The employee shall submit to the employee's employer an itemised list, with supporting accounts, showing the detail of the expenses incurred.

 

(b)        Before an employee proceeds on the work, the subject of this subclause, the employee shall be given in advance an amount of money calculated, so far as that is reasonably practical, to cover the expenses to be incurred.  Upon the employee's return from such work and the submission of the itemised list referred to in paragraph (a) above, any balance due to the employer or the employee shall be paid to or by the employee as the case might be.

 

(c)        Should an employee not submit the itemised list as required by paragraph (a) of this subclause, the employee shall be paid an amount as set out in Item 3 of Table 2-Other Rates and Allowances, of Part B-Monetary Rates per day expenses.

 

19.5      An employee, other than an employee referred to in 19.6 and 19.7, who is required by the employee's employer to spend a Saturday, Sunday or a public holiday away from the employee's home but who is not required to work on such days, shall be paid, in addition to the amount due to the employee in accordance with the provisions of this clause, the sum as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates for each day the employee is required to spend away from the employee's home.  The said amount being to compensate the employee for any additional expense and for any inconvenience and/or disability the employee might incur by being required to spend such days away from the employee's home.

 

19.6      An employee who is temporarily transferred to a location which requires living away from home for a period exceeding one week shall be paid all reasonable and actual expenses incurred in obtaining board and lodging.

 

19.7      An employee absent from duty on any working day shall not be entitled to an allowance under this clause except in cases of sickness or for any reason beyond the employee’s own control.

 

19.8      The maximum travelling time to be paid for shall be twelve hours out of every twenty‑four hours, or when sleeping berth is provided by the employer for all‑ night travel, eight hours out of every twenty‑four hours.  A sleeping berth shall not include a vehicle's sleeper cab.

 

19.9      Where public transport is not available to employees at a suitable time within a distance of 3.2 kilometres from the work place by the shortest route of walking, such of those employees whose work involves carting to or from a quarry shall be paid an allowance as set out in Item 5 of Table 2 in recognition of the necessity of making their own transport arrangements.  Provided that if the employer makes private transport available to a point within 3.2 kilometres from the work place, the above stated allowance is not payable.

 

20.  Union’s Picnic Day

 

201.      Easter Saturday shall be recognised as the Union’s Picnic Day.

 

20.2      In addition to all other payments due, an employee who is a financial member of the union, other than a casual employee, shall upon proof thereof, be paid an additional day’s pay in the period in which Easter Saturday falls.

 

20.3      A financial member of the union who is required to work on Easter Saturday shall be paid at the rate of double time and one-half for the actual time worked.

 

20.4      For the purpose of this clause, "financial member of the union" shall mean an employee who is, at the time of the Picnic Day, a financial member, or who was a financial member of the union as at 31st December of the proceeding year.

 

SECTION III - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP

 

21.  PAYMENT OF WAGES

 

21.1      Subject to 21.5, all wages shall be paid weekly in cash or by electronic funds transfer on Thursday and Friday as determined by the employer and the day, on being fixed, shall not be altered more than once in three months. Where a public holiday falls on a Friday, the payment of wages that week shall, as far as practicable, be made on the preceding Wednesday. Provided that wages may be paid by cheque with the agreement of a majority of employees at each yard.

 

21.2      No employee should have the employee's pay day changed unless the employee has been given at least (7) days' notice.

 

21.3      Except as otherwise provided for in this clause no employer shall hold more than two days' pay.

 

21.4      Where an employer holds less than two days' wages in hand, payment for any overtime worked after the normal finishing time on the last day of the pay week shall be paid to the employee on the next succeeding pay day.

 

21.5      Casual employees shall be paid at the end of each day or at the termination of their casual employment.

 

21.6      Where wages are paid in cash, they shall be paid to the employee at the workplace or other agreed starting place or otherwise by agreement between the employer or the employees concerned.

 

21.7      Wages shall be paid without unnecessary delay after the employee ceases work on the day set apart as pay day. An employee kept waiting for the employee's wages on pay day for more than a quarter of an hour after ceasing work shall be paid at overtime rates after that quarter of an hour with a minimum payment equal to 1/5th of an hour.

 

21.8      (a)        In the case of an employee whose services are terminated on other than a payday such employee Shall be paid all wages due either prior to or immediately upon cessation of work on the final day of the employee's employment.

 

(b)        An employee, other than a casual employee, who terminates their employment with notice in accordance with clause 22.1 shall be paid all wages due to the employee when the employee has finished the week's work no later than the cessation of work on the final day of employment.

 

21.9      Each employee shall be supplied with a pay envelope or statement in writing on which shall be endorsed those things required by clause 6 of the Industrial Relations (General) Regulation 1996, including the following:

 

(a)        The name and classification of the employee;

 

(b)        The date on which the payment was made;

 

(c)        The period of employment to which the payment relates;

 

(d)        The gross amount of wages, inclusive of overtime and other earnings;

 

(e)        The amount paid as overtime or such information as will enable the employee to calculate the amount paid as overtime;

 

(f)         The amount deducted for taxation purposes;

 

(g)        The amount deducted as employee contributions for superannuation;

 

(h)        Particulars of all other deductions or the total amount of such deductions; and

 

(i)         The net amount paid.

 

22.  Termination Of Employment

 

22.1      The employment of a weekly or part‑time employee may be terminated only by one week's notice on either side, which may be given at any time, or by payment by the employer or forfeiture by the employee of a week's pay in lieu of notice.  This shall not affect the right of the employer to dismiss an employee without notice in the case of an employee guilty of misconduct.

 

22.2      An employee with more than two months' service on leaving or being discharged shall, upon request, be given a reference or certificate of service in writing. Such reference or certificate of service shall at least contain information as to the length and nature of the employment of the employee.

 

23.  Counselling And Disciplinary Procedures

 

23.1      This clause shall not apply where the actions and/or behaviour of an employee are such as to constitute grounds for summary dismissal.

 

23.2      In cases where the actions and/or behaviour of an employee are unacceptable to the employer the employee shall be counselled.

 

23.3      The following counselling procedure shall apply:

 

(a)        The employee shall be verbally counselled in the presence of the Union delegate or any other authorised Union representative.  The employer shall clearly identify the unacceptable actions and/or behaviour and advise on corrective measures and a review date.

 

(b)        Where the initial counselling has failed to correct the unacceptable actions and/or behaviour a further review will occur and will incorporate a final written warning to the employee identifying the unacceptable actions and/or behaviour, the corrective measures required, review date and advising of subsequent steps which may be taken, including termination of employment.

 

(c)        If no change occurs by the review date the employer may consider the options of disciplinary leave or termination. After review of all the facts the employer may exercise the options available and direct the employee on disciplinary leave or give notice of termination.

 

(d)        Where warnings have been made under the procedure prescribed herein, and a subsequent review shows that the appropriate corrective measures have been taken, then the warnings shall be withdrawn after the expiration of a reasonable period.

 

23.4      Disciplinary leave as referred to in subclause 23.3(c) above shall be applied on the following basis:

 

(a)        In accordance with subclause 23.3(c) above the employer and Union delegate may agree that the employee concerned should be directed to go on disciplinary leave.  Such leave shall be without pay and shall be for a period of not more than ten working days.

 

(b)        Once an employee has been directed on disciplinary leave termination shall occur automatically if the unacceptable action and/or behaviour occurs again.

 

 

24.  Unauthorised Persons Riding On Vehicles

 

An employee shall not permit any unauthorised person to ride in any vehicle or assist in the delivery of material.

 

25.  Tools And Apparatus

 

The employer shall provide and maintain all necessary tools, ropes and packing.

 

26.  Duties Of Drivers

 

26.1      Where required by the employer, drivers' duties shall include minor repairs such as changing tyre lights and each driver shall be ready, willing and able to change tyres and perform similar non‑specialist vehicle maintenance tasks.

 

26.2      An employer may direct and employee to carry out such duties as are within an employee's limits of skill, competence and training.

 

SECTION IV - LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS

 

27.  Public Holidays

 

27.1      (a)        (1)        The days on which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed in the areas concerned together with such other days which may be proclaimed by the Government and which are observed, as public holidays for the area covered by this award shall be recognised as public holidays.

 

(2)        Employees, other than casual employees, shall be entitled to the public holidays specified in subparagraph (1), of this paragraph, without loss of pay.

 

(b)        An employee, other than a casual employee, required to work on:

 

(1)        Christmas Day or Good Friday shall be paid at the rate of double time for the actual time worked in addition to the day's pay to which the employee is entitled for those days in accordance with subparagraph (2), of paragraph (a), of this subclause.

 

(2)        Any of the other days prescribed in paragraph (a), of this subclause, shall be paid at the rate of time and one‑half for the actual time worked in addition to the day's pay to which the employee is entitled for those days in accordance with subparagraph (2) of the said paragraph.

 

(c)        Should any of the prescribed public holidays fall on a Saturday or Sunday and another day in lieu thereof is not proclaimed by the Government for the observance of such public holiday, an employee, other than a casual employee, required to work on such public holiday shall be paid for all work performed on:

 

(1)        Christmas Day, double time for the actual time worked and in addition, ordinary time for the actual time worked up to a maximum of eight (8) hours' pay at ordinary time.

 

(2)        Any of the other days prescribed in paragraph (a), of this subclause, time and one‑half for the actual time worked and, in addition, ordinary time for the actual time worked up to a maximum of eight (8) hours' pay at ordinary time.

 

(d)        A casual employee required to work on any of the public holidays prescribed in subparagraph (1), of paragraph (a), of this subclause, shall be paid double time for all time worked, with the same minimum payments as prescribed in subclause 14.2 of clause 14, Casual Employees.

 

(e)        An employee required to work on any of the public holidays prescribed in subparagraph (1), of paragraph (a), of this subclause, shall be guaranteed four (4) hours' work or shall be paid for four (4) hours at the appropriate rate.

 

27.2      An employee, other than a casual employee, whose services are terminated with within seven (7) days of the commencement of any week in which one or more public holidays occur and who is re‑engaged by the same employer within seven (7) days of the said week, shall be paid an ordinary day(s) pay for each public holiday so occurring at the rate prescribed for the class of work performed by the employee prior to termination.

 

27.3      An employee, other than a casual employee, who, without permission of the employer or without reasonable cause, is absent from duty on the working day immediately preceding or the working day immediately succeeding any public holiday or series of holidays, shall not be entitled to payment for such public holiday, or series of public holidays, provided that if an employee is absent as aforesaid on one only of the working days preceding or succeeding a series of public holidays the employee shall lose the holiday pay only for the holiday closest to the day absent.

 

27.4      Where an employee is rostered to take time off pursuant to subclause 8.1 of Clause 8, Hours of Employment, and such rostered time off falls on any of the public holidays referred to in subclause 27.1(a)(1) of this clause, the employee shall be entitled to replacement time off, to be taken on the following basis:

 

(a)        Where the time off taken fell on either a Friday or Monday, the next practicable Friday or Monday shall be taken for the purposes of replacement time off.

 

(b)        Where the time off not taken fell on a Tuesday, Wednesday or a Thursday, the replacement time off shall be taken on the first practicable day available for the taking of such replacement time off.

 

28.  Sick Leave

 

28.1      "Year" shall mean a period of twelve months measured for each employee from the date of commencement of the employee's current period of employment.

 

28.2      An employee, other than a casual employee, with not less than three months continuous service as such 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 the employee's misconduct 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:

 

(a)        Unless it is not reasonably practicable to do so (proof whereof shall be on the employee), before the ordinary starting time on the first day of absence, and in any event within twenty‑four hours, inform the employer of their inability to attend for duty and, as far as practicable, state the nature of the illness and the estimated duration of the absence.

 

(b)        The employee shall furnish to the employer such evidence as the employer may reasonably desire that the employee 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)        Except as hereinafter provided, the employee shall not be entitled in any year (as defined) to leave in excess of five days of ordinary time.

 

Provided that:

 

(1)        If the employment continues with the one employer after the first year, the employee's sick leave entitlement shall increase to a maximum of eight days of ordinary working time at which figure it shall remain for each subsequent year of continued employment.

 

(2)        If the employment of an employee who has become entitled to leave in accordance with proviso (1) above is terminated for any reason, the employee shall not be entitled, in that year, to leave in excess of five days of ordinary working time.

 

28.3      For the purpose of administering paragraph (c), of subclause 28.2 an employer, within one month of this award coming into operation or within two weeks of the employee entering the employee's employment, may require an employee to make a statutory declaration or other written statement as to what paid leave of absence the employee has had from any employer during the then current year and upon such statement the employer shall be entitled to rely and to act.

 

28.4      The rights under this clause shall accumulate from year to year, so long as the employee's employment continues with the one employer, so that any part of the leave entitlement which has not been allowed in any one year may be claimed by the employee and shall be allowed by that employer, subject to the conditions prescribed by this clause, in a subsequent year of continued employment.

 

28.5      If an award holiday occurs during an employee's absence on sick leave then such award holiday shall not be counted as sick leave.

 

28.6      Service before the date of coming into force of this clause shall be counted as service for the purpose of assessing the sick leave entitlement in any year under paragraph (c) of subclause 28.2, but shall not be taken into consideration in arriving at the period of accumulated leave.

 

28.7      Accumulated sick leave to the credit of an employee at the commencement of this award shall not be affected nor reduced by the operation of this clause.

 

28.8      Where an employee is sick or injured on the week day the employee is to take off in accordance with the provisions of subclause 8.1, of clause 8 Hours of Employment, the employee shall not be entitled to sick pay nor will the employee’s sick pay entitlement be reduced as a result of sickness or injury on that day.

 

29.  Personal/Carers Leave

 

(1)        Use of Sick Leave-

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 28, Sick Leave for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

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

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

(2)        Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

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

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

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

 

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

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-Up Time

 

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

 

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

 

(6)        Rostered Days Off

 

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

 

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

 

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

 

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

 

30.  Annual Leave

 

30.1      See Annual Holidays Act 1944.

 

30.2      (a)        An employee at the time of entering upon a period of annual leave in accordance with the Annual Holidays Act 1944 shall be entitled to an additional payment of 25 per centum of moneys payable to the employee for the period of annual leave being taken.

 

(b)        Upon an employee taking annual leave, the employee’s work cycle in respect of which the employee becomes entitled to a weekly accrual for time off pursuant to subclause 8.1 of Clause 8, Hours of Employment, shall be suspended and the employee shall not be entitled to further accrual until the employees return from leave.  Upon resumption of work, the entitlement period for accrual shall resume and the employee shall be entitled to be rostered to take time off and shall so take time off upon completing the balance of the work cycle.

 

30.3      Seven‑day shift workers, ie. employees whose ordinary working period includes Sundays and holidays on which they may be regularly rostered for work:

 

(a)        In addition to the benefits provided by 30.2, and by section 3 of the year of the employee's employment with respect of which the employee becomes entitled to the said annual holiday, gives service as a seven‑day shift worker shall be entitled to the additional leave as specified hereunder.

 

(1)        If during the year of employment the employee has served continuously as such seven‑day shift worker ‑ additional leave with respect to that year shall be one week.

 

(2)        Subject to subparagraph (4), of this paragraph, if during the year of the employee’s employment the employee has served for only portion of it as such seven‑day shift worker ‑ the additional leave shall be one day for every thirty‑six ordinary shifts worked as a seven‑ day shift worker.

 

(3)        Subject to subparagraph (4), of this paragraph, the employee shall be paid for such additional leave at the ordinary rate of wages to which the employee is entitled under Clause 7, Wages, for the number of ordinary hours of work for which such employee would have been rostered for duty during the period of additional leave had such employee not been on such additional leave.

 

(4)        Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

(5)        In this clause reference to "one week" and "one day" includes holidays and non‑working days.

 

(b)        Where the employment of a worker has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act, 1944, to payment in lieu of an annual holiday, with respect to a period of employment, the employee also shall be entitled to an additional payment of three and one‑ half hours at such ordinary rate of wages with respect to each twenty‑one shifts of service as such seven‑day shift worker which the employee has rendered during such period of employment.

 

31.  Long Service Leave

 

31.1      See Long Service Leave Act 1955.

 

31.2      Where an employee takes long service leave the entitlement to accrue towards time off pursuant to subclause 8.1 of Clause 8, Hours of Employment, of this Agreement shall cease.  The employee shall not be entitled to time off during the period of long service leave.  In lieu, the employee shall be paid the value of accrued entitlement, which is outstanding to the employee on the last day of work prior to taking long service leave.

 

32.  Bereavement Leave

 

32.1      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 32.3.

 

32.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

32.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (c)(ii) of clause 29, 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.

 

32.4      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.

 

32.5      Bereavement leave may be taken in conjunction with other leave available under subclauses (1), (2), (3), (4) (5) and (6) of the said clause 29.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements, of the business.

 

33.  Jury Service

 

33.1      An employee required to attend for jury service during ordinary hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee's attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked and the employee not been on jury service.

 

33.2      An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service.  Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

33.3      Where the day or days upon which an employee is required to attend for jury service coincide with time rostered for the employee to take off pursuant to subclause 8.1 of Clause 8, Hours of Employment, such rostered time off shall be deemed to have been taken in accordance with the roster.

 

SECTION V - OCCUPATIONAL HEALTH AND SAFETY

 

34.  Amenities

 

34.1      The following facilities shall be available at the Depot or any other place where employees are engaged under the provisions of this award:

 

(a)        Proper dressing rooms with adequate washing facilities, including showers with both hot and cold water.

 

(b)        Proper lock‑up clothing lockers.

 

(c)        Where employees are required to partake of meals at the employers' yard, depot or garage; a dining room with adequate seating and table accommodation for the partaking of meals, also facilities for boiling water and heating food.

 

(d)        Proper lavatory facilities.

 

34.2      Employees shall place all personal belongings in the lockers provided.

 

35.  Uniforms And Protective Clothing

 

35.1      Where an employee is required by the employer to wear distinctive dress the same shall be provided, free of cost, by the employer.

 

35.2      When requested by the employee, an employer shall provide rubber gloves, gumboots and waterproof coat or apron, free of cost, for the use at work by an employee required to wash vehicles.

 

35.3      Wet weather clothing consisting of waterproof hat, coat and trousers shall be provided for employees required to work in rain.

 

35.4      The clothing provided in accordance with this clause shall be renewed when reasonably necessary.  It shall only be worn when the employee is engaged on work for the employer and shall remain the property of the employer and shall be returned to the company on demand in a condition commensurate with normal wear and tear.  An employee may be required by the employer to sign a receipt for such clothing upon it being issued to the employee.

 

36.  First Aid

 

36.1      An employee appointed by the employer to perform first aid‑duty shall be paid as set out in Item 8 of Table 2 - Other Rates and Allowances of Part B - Monetary Rates per day, in addition to the employee's ordinary rate, for such appointment.

 

36.2      The employer shall provide first aid facilities at each establishment, yard or depot as required by the appropriate legislation.

 

SECTION VI - INDUSTRIAL RELATIONS AND THE UNION AND OTHER PROVISIONS

 

37.       Union Delegate

 

37.1      An employee appointed as union delegate to the yard, depot, or garage shall, upon notification thereof to the employer by the branch or sub‑branch secretary of the union, be recognised as the accredited representative of the union.

 

37.2      Any matter arising in the yard, depot or garage affecting members of the union may be investigated by the delegate and discussed with the employer or its representative.  The delegate shall, at the employee’s request, be allowed a reasonable opportunity to carry out such duties at a time reasonably convenient to the delegate and the employer.

 

37.3      If a matter in dispute is not settled, the delegate shall, on request, be allowed access to a telephone for a reasonable opportunity of notifying the union branch or sub‑branch concerned.

 

38.  Notice Board

 

The employer shall supply a notice board of reasonable dimensions to be erected or to be placed in a prominent position in its yard, depot or garage upon which accredited representatives of the union shall be permitted to post formal union notices signed by the representative or representatives.

 

39.       Dispute Procedure

 

39.1      Subject to the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner:

 

(a)        In the event of an industrial dispute, the representative of the Union on the job and the Transport Supervisor shall attempt to resolve the matters in issue in the first place.

 

(b)        In the event of failure to resolve the dispute at job level the matter shall be the subject of discussions between an organiser of the Union and the Transport Manager.

 

(c)        Should the dispute still remain unsolved the Secretary of the Union or the Secretary's representative will confer with senior management.

 

(d)        In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Commission of New South Wales for resolution.

 

39.2      All work shall continue normally while these negotiations are taking place.

 

40.  Right Of Entry

 

See Part 7 of Chapter 5, of the Industrial Relations Act 1996.

 

NOTE: This provides that a duly accredited representative of the union shall have the right to enter any work place or premises for the purpose of interviewing employees and investigating suspected breaches of awards or agreements or the Industrial Relations Act 1996 and in such investigations inspect time and pay sheets - so long as the representative does not unduly interfere with the work being performed by an employee during work time.

 

PART B ¾ MONETARY RATES

 

TABLE 1-WAGES

 

Classification

Former Wage Rate

State Wage Case

New Wage Rate Per

 

$

2000

Week

 

 

$

$

Transport Worker Grade 1

467.00

15.00

482.00

Transport Worker Grade 2

 

 

 

Basic Standard

 

 

 

Vehicle Class 1

470.00

15.00

485.00

Vehicle Class 2

474.10

15.00

489.10

Vehicle Class 3

480.80

15.00

495.80

Vehicle Class 4

502.80

15.00

517.80

Vehicle Class 5

507.90

15.00

522.90

Certified Standard

 

 

 

Vehicle Class 1

477.70

15.00

492.70

Vehicle Class 2

481.80

15.00

496.80

Vehicle Class 3

488.50

15.00

503.50

Vehicle Class 4

510.50

15.00

525.50

Vehicle Class 5

515.60

15.00

530.60

Advanced Standard

 

 

 

Vehicle Class 4

518.20

15.00

533.20

Vehicle Class 5

521.30

15.00

536.30

Transport Worker Grade 3

583.90

15.00

598.90

 

 

Table 2 ¾ Other Rates And Allowances

 

Item

Clause

Brief Description

Amount

No.

No.

 

$

1

7.2

For every 2 tonnes or part thereof added to all purpose the

9.20

 

 

aggregate mass

 

2

11.2

Quick shift change allowance

8.45

3

19.4 (c)

Travelling/Living allowance without itemised expense list

28.60 per day

4

19.5

Weekend and/or Public Holiday away from home

26.55 per day

5

19.9

Allowance to compensate for lack of public transport

2.00 per day

6

18.2

Meal allowance ‑ (notification given)

7.65

7

18.2

Meal allowance ‑ notification (given and then cancelled)

7.65

8

36.1

First‑aid allowance

1.65 per day

 

 

 

F. MARKS  J.

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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