VEGETABLE OILS, &c., EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5675 1999 and 1704 of 2000)
|
Before The Honourable
Justice Marks
|
15 May
2001
|
REVIEWED AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Hours
3. Rates of Pay
4. State Wage Case Adjustments
5. Casual Labour
6. Mixed Functions
7. Overtime
7A. Time off in lieu of Overtime
8. Meal Breaks
9. Meal Allowances
10. Sunday and Holiday Rates
11. Recall
12. Holidays
13. Sick Leave
14. Bereavement Leave
15. Jury Service
16. Annual Leave
17. Long Service Leave
18. Payment of Wages
19. Termination of Employment
20. First-aid and Safety
21. Personal/Carer's Leave
22. Amenities
23. Protective Clothing
24. Redundancy
25. Dispute Settlement Procedures
26. Superannuation
27. Anti Discrimination
28. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
2. Hours
(a) Day and Shift
Workers - The ordinary hours of work shall be an average of 38 per week, to be
worked on one of the following bases:
(i) 38 hours
within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours
within a work cycle not exceeding 14 consecutive days;
(iii) 114 hours
within a work cycle not exceeding 21 consecutive days;
(iv) 132 hours
within a work cycle not exceeding 28 consecutive days;
(v) any other work
cycle during which a weekly average of 38 ordinary hours are worked as may be
agreed.
(b) The ordinary
hours of work prescribed in subclause (a) of this clause may be worked on any
day or all of the days, Monday to Friday, inclusive.
(c) The ordinary
hours of work prescribed herein for day workers shall be worked continuously,
except for meal breaks, at the discretion of the employer, between 6.00 am and
6.00 pm. Provided that, at the premises of Continental Grain concerned,
ordinary hours of work, with the consent of the employer, may be worked on any
hours of the day on any or all of the days, Monday to Friday, inclusive at
ordinary rates.
(d) The ordinary
hours of work prescribed herein shall not exceed ten on any day. Provided that:
(i) In any
arrangement of ordinary hours where the ordinary working hours are to exceed
eight on any day, the arrangement of hours shall be subject to agreement
between an employer and the majority of employees in the plant or work section
or sections concerned; and
(ii) by
arrangement between an employer, the union or unions concerned and the majority
of employees in the plant or work section or sections concerned, ordinary hours
not exceeding 12 may be worked subject to:
(1) the provisions
of the Occupational Health and Safety Act 2000;
(2) proper health
monitoring procedures being introduced;
(3) suitable
roster arrangements being made; and
(4) proper
supervision being provided.
(iii) Provided
that, when agreement is reached under the provisions of paragraphs (i) or (ii)
of this subclause, overtime shall not be paid for any period worked up to and
including the average ordinary weekly hours of work, Monday to Friday, as
prescribed in subclause (a) of this clause.
3. Rates of Pay
(i) Adult
Employees - The minimum rate to be paid to adult employees of any classification
shall, subject to the other provisions of this award, be ascertained by
reference to Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) Junior
Employees - The minimum rates of pay for junior employees shall be the
percentage of the total wage for the "All Others" classification, as
appears in (ii) of the said Table 1.
(iii) Leading Hands
- A leading hand appointed in charge of other employees shall be paid the
following amounts in addition to the rates prescribed by subclauses (i) and (ii)
of this clause, for the highest classification under his/her control:
An employee in charge of 3 to 6 employees shall be paid an
amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
An employee in charge of 7 to 10 employees shall be paid an
amount as set out in Item 2 of Table 2.
An employee in charge of 11 to 15 employees shall be paid an
amount as set out in Item 3 of Table 2.
An employee in charge of more than 15 employees shall be
paid an amount as set out in Item 4 of Table 2.
(iv) Employees
unloading or stacking seed or copra by hand without the aid of mechanical
appliances shall be paid an hourly rate at the equivalent of one-fourth of the
weekly rate applicable to the classification "All others", plus ten
per cent.
(v) Employees
engaged on hulls handling, linting, baling, delinting, cotton seed cleaning,
over oscillating white seed cleaner and yard cleaning during cotton seed
operations, shall be paid an amount as set out in Item 5 of Table 2 in addition
to rates prescribed herein.
(vi) Shift Work -
In addition to their ordinary rates of pay employees who work
(a) on afternoon
shift, being any shift finishing after 6.00pm and at or before midnight, shall
be paid 15 per cent
(b) on night
shift, being any shift finishing subsequent to midnight and at or before
8.00am, shall be paid 17 ½ per cent.
However, a shift worker shall be paid at the rate of time
and a half for all ordinary shift work performed on a Saturday. Such rate shall
be in substitution for and not cumulative upon the shift allowance provided by
this paragraph.
(c) Notwithstanding
anything elsewhere contained in this subclause, in addition to the prescribed
rate of pay, employees required to work
(A) on a permanent
afternoon shift shall be paid 15 per cent.
(B) on a permanent
night shift 22 ½ per cent.
4. State Wage Case Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case May 2000. These adjustments may be offset
against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Casual Labour
(i) Casual labour
shall mean labour engaged by the hour and paid as such.
(ii) The minimum
rate to be paid to all employees engaged as casual labours shall be 15 per cent
in addition to the hourly equivalent of their respective rate as classified.
(iii) Casual
employees whose hours of work exceed 38 in any week shall be paid overtime on
the basis of the hourly equivalent of their respective rate and 15 per cent
casual loading multiplied by the relevant overtime rate.
(Notation: The New South Wales Annual Holidays Act provides
that casual employees under this award are entitled to receive an additional
amount equal to one-twelfth of their ordinary time earnings in lieu of annual
leave)
6. Mixed Functions
Should any employee be transferred temporarily from a higher
paid to a lower paid class of work or from a lower paid to a higher paid class
of work, such employee shall be paid not less than the rate of wages prescribed
for the higher class of work during such temporary employment. However:
(a) An employee
transferred temporarily to a higher paid class of work for two hours or more on
any one day shall be paid the higher rate of wages for the whole of such day,
and
(b) An employee
transferred temporarily to a higher paid class of work for 20 hours of more in
any one week shall be paid the higher rate of wages for the whole of such week.
7. Overtime
(i) (a) All time worked in excess of the
ordinary daily working hours prescribed in clause 2, Hours, or in excess of the
regular hours of shift workers shall be deemed to be overtime and shall be paid
for at the rate of time and one-half for the first two hours in any one day and
at double time thereafter.
(b) However,
continuous seven-day shift workers shall be paid double time for all work done
outside the ordinary hours of their shifts.
(c) Each day's
overtime shall stand alone.
(ii) (a) When overtime is worked on a Saturday
the overtime rates shall be time and one-half for the first two hours and
double time thereafter.
(b) However, an
employee required to work overtime after finishing the said employee’s normal
shift on a Saturday in accordance with subclause (vi) of clause 3, Rates of
Pay, shall be paid double time for such overtime.
(iii) An employee
working in place of another worker after having completed the said employee’s
own shift shall be paid overtime rates for such time worked.
(iv)
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days.
(b) In the case of
an employee (other than a casual employee) who works so much overtime between
the termination of ordinary work on one day and the commencement of ordinary
work on the next day so that the employee has not had at least ten consecutive
hours off duty between those times:
(1) The said employee
shall, after the completion of such overtime, be released from duty until ten
consecutive hours has elapsed and,
(2) Shall be paid
for ordinary working time occurring during such absence.
(c) If, on the
instructions of the employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty the employee shall be
paid at double rates until released from duty for such period and the employee
shall then be entitled to be absent until ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence has
elapsed.
(d) The provisions
of this subparagraph shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked:
(1) for the
purpose of changing shift rosters; or
(2) where a shift
worker does not report for duty and a day worker or shift worker is required to
replace such shift worker; or
(3) where a shift
is worked by arrangement between the employees themselves.
(v) The roster of
an employee shall not be changed from one shift to another without 48 hours'
notice of such change being given and in the absence of such notice overtime
rates shall be paid until the expiry of such notice.
(vi) An employee
required to work any period of overtime on a Saturday shall receive a minimum
payment of four hours at overtime rates.
Notation: The provisions of this award, in particular this
clause, shall be read in conjunction with the Occupational Health and Safety
Act 2000.
7A Time off in lieu of overtime
(a) Subject to
genuine agreement between an employer and employee(s), an employee may elect to
take time off in lieu of payment for hours worked outside and/or in excess of
the ordinary hours of work prescribed by this award.
(b) In such cases
the time off shall be calculated on the basis of the penalty prescribed for
work outside and/or in excess of the ordinary hours of work prescribed by this
award.
(c) Provided that
such time off shall be taken within four weeks of becoming due or payment for
such work shall be made by the employer.
(d) Provided
further that the time of taking the time off in lieu is subject to mutual
agreement between the employer and employee and where agreement cannot be
reached the matter shall be dealt with via the Dispute Settlement Procedure.
8. Meal Breaks
(i) A period of
at least 30 minutes for a meal shall be allowed each day, Monday to Friday,
inclusive. No person shall work more than five hours without a break for a
meal.
(ii) All work done
during the recognised meal time shall be paid for under the award overtime
provision until such meal break is allowed.
9. Meal Allowances
(i) Any employee
required to work overtime for any period in excess of one hour after the usual
ceasing time either shall be supplied with a meal by the employer or shall be
paid a sum in accordance with Item 6 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, and if required to work in excess of four hours'
overtime either shall be supplied with a further meal or shall be paid a sum in
accordance with the said Item 6 of Table 2.
(ii) This clause
shall not apply when an employee has been notified the previous day of the
intention to work overtime.
(iii) If such an
employee is notified on the previous day of the requirement to work overtime
and by reason of such notice has prepared a meal, and such overtime is
cancelled, the employee shall be allowed a sum as set out in the said Item 6.
10. Sunday and Holiday Rates
(a) For all work
performed on Sunday, an employee shall be paid at the rate of double time with
a minimum payment of four hours' pay at double time.
(b) For all work
performed on the holidays prescribed by clause 12, Holidays, an employee shall
be paid at the rate of double time and a half with a minimum payment of four
hours' pay at double time and a half.
11. Recall
An employee recalled from home to work overtime after having
left the premises of the employer, shall be paid a minimum of four hours at
overtime rates.
12. Holidays
(i)
(a) The following
days shall be holidays, namely:
New Year's Day,
Australia Day,
Good Friday,
Easter Saturday,
Easter Monday,
Anzac Day,
Queen's Birthday,
Labour Day,
Christmas Day,
Boxing Day and
any other days which may be proclaimed as public holidays
and observed as such; provided that the day on which the Newcastle Show is held
may be worked at ordinary rates even though such day be proclaimed as a public
holiday.
(b) The first
Monday in March each year also shall be a holiday as the picnic day of the
Australian Workers' Union, New South Wales, provided that a picnic is held.
(c) An employer
may require from an employee evidence of attendance at the picnic and the
production of the butt of the picnic ticket issued for the picnic shall be
sufficient evidence of attendance. Where such evidence is requested by the
employer, payment need not be made unless the evidence is produced.
(ii) No deduction
shall be made from the wages of employees for such holidays; provided, however,
that an employee absent the day before or the day after a holiday without
reasonable excuse or without the employer's consent shall not be entitled to
payment for such holiday.
13. Sick Leave
An employee who, having completed three months continuous
service, is unable to attend for duty during ordinary working hours by reason
of personal illness or personal incapacity (including incapacity resulting from
injury within the Workers’ Compensation Act 1987, the Workplace
Injury Management and Workers Compensation Act 1998 or any successor legislation)
shall be entitled to be paid at the ordinary time rate of pay for such absence,
subject to the following:
(i) The employee
shall, as far as practicable, within 24 hours of the commencement of such
absence, inform the employer of any inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of the absence.
(ii) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that such employee was unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(iii) Subject to
subclauses (iv), (v) and (vi) of this clause, an employee shall be entitled to
the following sick leave:
(a) An employee in
the first year of service shall be entitled to five days sick leave per year.
(b) An employee in
the second year of service and thereafter shall be entitled to ten days' sick
leave per year.
(iv) The rights under
this clause shall accumulate from year to year so long as the employment
continues with the employer so that any part of the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions described by this clause,
in a subsequent year of continued employment. Any rights which accumulate
pursuant to this subclause shall be available to the employee for an unlimited
period.
(v) Service before
the coming into force of this award shall be counted as service, for the
purpose of qualifying thereunder.
(vi) When an
employee has completed three months' continuous service, that employee shall be
entitled retrospectively to sick leave taken in accordance with this clause
during that three months' continuous service.
14. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal carer’s leave as set out in subclause
21.1.3(ii) of Clause 21, Personal Carer’s Leave, provided that for the purposes
of bereavement leave, the employee need not have been responsible for the care
of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with the other leave available under
subclauses 21.2, 21.3, 21.4 and 21.5 of the said Clause 21. In determining such
a request the employer will give special consideration to the circumstances of
the employee and the reasonable operational requirements of the business.
15. Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of such employee’s attendance
for such jury service and the amount of wage the employee would have received
in respect of the ordinary time that would have been worked had the employee
not been on jury service.
16. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) Seven-day
Shift Workers:
(a) In addition to
the annual leave benefits prescribed by subclause (i) of this clause with
regard to an annual holiday of four weeks an employee who, during the year of
employment with the employer with respect to which the employee becomes entitled
to the said annual holidays, works as a continuous seven-day shift worker shall
be entitled to the additional leave as hereunder specified:
(1) if, during the
year of employment, the employee has served the employer continuously as such
seven-day shift worker, the additional leave with respect to that year shall be
one week;
(2) subject to
subparagraph (4) of this paragraph, if, during the year of employment, the
employee has served for only a portion of it as such seven-day shift worker,
the additional leave shall be one day for every 36 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 same rate and under the same conditions as provided in
subclause (i) of this clause for the annual holiday of four weeks;
(4) where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall be discharged by payment only and such payment shall
be at the rate outlined in subparagraph (3) of this paragraph;
(5) in this
clause, reference to one week and one day shall include holidays and
non-working days.
(b) Where the
employment of an employee 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, he or she
also shall be entitled to an additional payment for three and one-third hours
at the annual leave rate of pay with respect to each 21 shifts of service as
such seven-day shift worker which the employee has rendered during such period
of employment.
(c) In the case of
an employee who was, at the commencement of annual leave, employed as a
seven-day shift worker, as defined herein, one day shall be added to the annual
leave period in respect of any holiday prescribed by this award which falls
within the period of annual leave to which the employee is entitled under this
award.
In addition to the foregoing, a seven-day shift worker who
regularly works the 21st shift of the said employee’s roster shall be paid the
equivalent of time worked on that day when proceeding on annual leave.
(iii) In addition
to the entitlement accruing under subclauses (i) and (ii) of this clause, during
a period of annual leave an employee shall receive a loading calculated on the
rate of wage prescribed by clause 3, Rates of Pay.
The loading shall be calculated as follows:
(a) Day Workers -
An employee who would have worked on day work if not on leave - a loading of 17
1/2 per cent.
(b) Shift Workers
- An employee who would have worked on shift work if not on leave - a loading
of 17 ½ per cent.
However, where the employee would have received shift
loadings, Saturday penalties and/or Sunday penalties, as prescribed by this
award had the employee not been on leave during the relevant period, and such
loadings would have entitled the employee to a greater amount than the loading
of 17 1/2 per cent, then the shift loadings shall be added to the rate prescribed
by clause 3, Rates of Pay, in lieu of the 17 1/2 per cent loading.
And further, that if the shift loadings would have entitled
the employee to a lesser amount than the loading of 17 1/2 per cent then such
loading of 17 1/2 per cent shall be added to the rate of wages prescribed by
the said clause 3, in lieu of the shift loading.
17. Long Service Leave
See Long Service Leave Act 1955. Exemption - This
clause shall not apply to Colgate-Palmolive Pty Ltd in respect of employees who
are now or subsequently become members of the Colgate-Palmolive Pty Ltd Staff
Superannuation Plan. Liberty is reserved to the parties to apply in respect of
this exemption.
18. Payment of Wages
Wages shall be paid weekly on a day other than a Saturday,
Sunday or holiday, during working hours, such day not to be later than a
Thursday. However, should such pay day fall on a Thursday which is a public
holiday, such pay day shall be not later than one day prior to the Thursday. If
wages are paid during the usual meal time, such time so occupied shall be added
to the actual meal time.
The pay period shall close not more than two working days
before the recognised pay day. Any employee required to wait after the usual
ceasing time to receive wages shall be paid at ordinary rates for all time kept
waiting to be paid.
Payment of wages shall be by electronic funds transfer, paid
weekly, to a bank or financial institution of the employee's choice. Provided
that this method of payment shall only be introduced with the approval of all
employees on site.
19. Termination of Employment
(i) After the
first week's service, all employees other than casual employees shall be paid
by the week.
(ii) Employment
shall only be terminated by one week's notice on either side or by forfeiture
of one week's wages in lieu thereof; provided that an employee may be
discharged without notice at any time for misconduct or refusal of duty.
20. First-aid and Safety
(i) Adequate
first-aid facilities shall be provided by the employer (see Factories, Shops
and Industries Act 1962 or any relevant successor legislation).
(ii) Where an
employee is required by the employer to act as a first-aid attendant, that
employee shall be paid an amount per day or shift in accordance with Item 7 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to
the employee’s ordinary rates.
21. Personal/Carer’s Leave
21.1 Use of Sick
Leave -
21.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph 21.1.3 of this subclause who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for in clause 13, 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.
21.1.2 The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
21.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a 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.
21.1.4 An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
21.2 Unpaid Leave
for Family Purpose -
21.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph (ii) of paragraph 21.1.3 of subclause 21.1 of this clause who is
ill.
21.3 Annual Leave -
21.3.1 An employee may
elect, with the consent of the employer and 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.
21.3.2 Access to annual
leave, as prescribed in paragraph 21.3.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
21.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single-day absences, until at least five consecutive annual leave days are
taken.
21.4 Time Off in
Lieu of Payment for Overtime -
21.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
21.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
24.4.3 If, having
elected to take time as leave in accordance with paragraph 21.4.1 of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
24.4.4 Where no
election is made in accordance with paragraph 21.4.1, the employee shall be
paid overtime rates in accordance with the award.
21.5 Make-up Time -
21.5.1 An employee may
elect, with the consent of the employer, to work "make-up time", under
which the employee takes time off ordinary hours and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
21.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
22. Amenities
The employer shall provide adequate dressing room, washing
and toilet accommodation in accordance with the Factories, Shops and Industries
Act 1962 or any relevant successor legislation.
23. Protective
Clothing
(i) Suitable
waterproof coats shall be provided free of cost by the employer for the use of
employees who are required to work in the open in wet weather. Such coats when
provided shall remain the property of the employer.
(ii) Where
necessary, employees washing drums or handling acids or caustic soda shall be
provided with suitable gumboots and/or gloves or goggles.
(iii) Suitable
protective clothing in the form of overalls, boots or shoes shall be supplied
to an employee where the nature of the work requires such protective clothing
to be worn.
(iv) All protective
clothing supplied under this clause shall remain the property of the employer
and if an employee leaves the employment of such employer without returning
such protective clothing, the employer may deduct from any moneys owing at the
time of termination an amount representing the value of such protective
clothing not returned.
24. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 3, Rates of Pay.
(ii) In respect to
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of paragraph (i) of
subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction of
Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matter referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in the said
paragraph (i).
(c) For the
purposes of such discussions, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on the employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy -
(i) Discussions
before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subclause (B) -
Introduction of Change, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph (a)
of this paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as is practicable,
provide to the employees concerned and the union to which they belong, all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(D) Termination of
Employment -
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (a) of paragraph (i) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service Period
of Notice
Less than 1 year 1
week
1 year and less than 3 years 2
weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years continuous service, shall be entitled to
an additional week’s notice.
(c) Payment in
lieu of notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice of
Technological Change - This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from mechanisation
and/or technology in accordance with subparagraph (a) of paragraph (I) of
subclause (B) of this clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(b) Payment in
lieu of notice above shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time off
during notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(iv) Employee
leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink (or any relevant successor entity) - Where a decision has been made
to terminate employees, the employer shall notify Centrelink thereof as soon as
possible, giving relevant information, including the number and categories of
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(vii) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink or any relevant
successor entity.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had
been terminated and the employer may, at the employer’s option, make payment in
lieu thereof of an amount equal to the difference between the former ordinary-time
rate of pay and the new ordinary-time rate for the number of weeks notice still
owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to subclause (D) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4
weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5
weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
(c) ‘Week’s pay
means the all-purpose rate of pay for the employee concerned at the date of
termination and shall include in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in the said paragraph (i)
will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in the said
paragraph (i) if the employer obtains acceptable alternative employment for an
employee.
(F) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy agreement, taken as a whole, between
the union and any employer bound by this award.
25. Dispute Settlement Procedures
A procedure for dealing with disputes arising between the
union and the Company has been agreed in the following terms:
Subject to the Industrial Relations Act 1996, any
grievance or dispute shall be dealt with in the following manner:
(i) Should any
matter arise which gives cause for concern to any employee, he or she shall
raise such matter with the immediate supervisor.
(ii) If the matter
remains unresolved it shall be referred to the union delegate who shall consult
with the appropriate representative of management.
(iii) If the matter
remains unresolved it shall be referred to the Branch Secretary of the union or
unions concerned (or their representative). This official shall discuss it with
the senior representatives of the employer.
(iv) If the matter
remains unresolved it shall be notified to the Industrial Registrar in
accordance with the provisions of the Industrial Relations Act 1996.
(v) While the
above procedure is being followed, work shall continue normally in accordance
with this award.
(vi) No party shall
be prejudiced as to final settlement by the continuance of work in accordance
with this clause.
(vii) In the event
of a party failing to observe these procedures, the other party may take such
steps as are open to it to resolve the matter.
(viii) The parties
shall, at all times, confer in good faith and without undue delay.
(ix) This procedure
shall not apply to bona fide safety disputes.
26. Superannuation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act, 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust (ASSET)
and shall participate in accordance with the Trust Deed of
that fund.
(c) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant legislation
are set at 7% until 30 June 2000, when they will increase to 8% and a final
adjustment of 9% from 1st July 2002
(d) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
as soon as practicable.
(e) An employee
may make contributions to the fund in addition to those made by the employer.
Such employee may either forward their own contribution directly to the fund
trustees or authorise the employer to pay into the fund from the employee’s
wage an amount specified by the employee.
(f) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(g) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions as soon as practicable after
the receipt of the authorisation.
(h) All
contributions shall be made at the completion of each calendar month, or at
such other times and in such other manner as may be agreed in writing between
the Trustee and the employer.
(i) Ordinary time
earnings shall be defined as including:
(i) Award
classification rate
(ii) overaward
payment
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime
(iv) Casual loading
in respect to casual employees including 1/12th Annual Holiday Loading.
Ordinary time earnings does not include bonuses, commission,
payment for overtime or other extraordinary payment, remuneration or allowance.
27 Anti Discrimination
(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 (NSW) to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(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.
(3) Under the Anti-Discrimination
Act 1977 (NSW) 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) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW)
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(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.
Note:
(1) Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti - Discrimination Act 1977 provides:
"Nothing in the Act effects...any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
28. Area, Incidence and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Vegetable Oils,
&c., Employees (State) Award published 15 May 1998 (304 IG. 1002) and all
variations thereof and the Vegetable Oils, &c., Employees Superannuation
(State) Award published 31 May 1991 (262 IG. 1085).
It shall apply to all persons employed in the extraction and
refining of vegetable oils in the State, excluding the County of Yancowinna, within
the jurisdiction of the Vegetable Oils, &c., Employees (State) Industrial
Committee.
The changes made to this award pursuant to section 19 of the
Industrial Relations Act 1996 take effect on and from 15 May 2001. This
award remains in force until varied or rescinded, the period for which it was
made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
(i) Adult
Employees -
|
Classification
|
Base Rate Per
|
SWC May
|
Total Rate of Pay
Per
|
|
|
Week $
|
2000 $
|
Week (Effective
from first full pay period
|
|
|
|
|
to commence on or
|
|
|
|
|
after 17 November
2000) $
|
|
Level One (96%) -
|
460.50
|
15.00
|
475.50
|
|
|
|
|
|
|
Solvent Extractor
|
|
|
|
|
Refiner
|
|
|
|
|
Level Two (89.9%) -
|
435.10
|
15.00
|
450.10
|
|
|
|
|
|
|
Machine Operator
|
|
|
|
|
Assistant Refiner
|
|
|
|
|
Press Person
|
|
|
|
|
Employee Working Expellers
|
|
|
|
|
Oil Pump person
|
|
|
|
|
Delinter &/or Dehuller Operator
|
|
|
|
|
Fork lift Operator
|
|
|
|
|
Meal Packer and Sewer
|
|
|
|
|
Level Three (87.4%) -
|
424.70
|
15.00
|
439.70
|
|
|
|
|
|
|
Crusher Feeder
|
|
|
|
|
Solvent Extractor Hand
|
|
|
|
|
Baler Operator
|
|
|
|
|
Seed Intake Operator
|
|
|
|
|
Level Four (83%) -
|
406.40
|
15.00
|
421.40
|
|
|
|
|
|
|
All Others
|
|
|
|
(ii) Junior
Employees - Percentage of the total wage for "All Others" -
Percentage
At 17 years and under 75
At 18 years of age 100
Table 2 - Other Rates and Allowances
|
Item
|
Clause No
|
Brief Description
|
Amount (Effective
from
|
|
No.
|
|
|
first full pay
period to
|
|
|
|
|
commence on or
after 17 November 2000) $
|
|
|
|
|
|
|
|
3(iii)
|
Leading Hand Allowance -
|
Per Week
|
|
|
|
|
|
|
1
|
|
In charge of 3 to 6 employees
|
17.10
|
|
2
|
|
In charge of 7 to 10 employees
|
21.10
|
|
3
|
|
In charge of 11 to 15 employees
|
25.40
|
|
4
|
|
In charge of over 15 employees
|
31.80
|
|
5
|
3(v)
|
During cotton seed operations
|
0.20 per hour
|
|
6
|
9(i),(iii)
|
Meal allowance
|
7.60
|
|
7
|
20(ii)
|
First-aid allowance
|
2.00 per day or shift
|
|
|
|
|
|
Vegetable Oils, &c., Employees (State) Industrial
Committee
Industries and Callings
Employees engaged in the extraction and refining of
vegetable oils in the State, excluding the County of Yancowinna;
excepting employees engaged in the manufacture of margarine
and butterine, and employees engaged in the hardening and deodorising of
vegetable oils or the production of edible fats therefrom;
and excepting also -
Engine drivers and firemen, greasers and trimmers, cleaners
and pumpers engaged in and about the driving of engines, electrical crane,
winch and motor drivers;
Carters, grooms, stablepersons, yardpersons and drivers of motor
and other power-propelled vehicles;
Watchpersons, caretakers, and cleaners;
Storepersons and packers; and
Clerks;
and excepting also employees within the jurisdiction of the
Watchmen and Gatekeepers (Waterfront) Industrial Committee.
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.