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.