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New South Wales Industrial Relations Commission
(Industrial Gazette)





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VEGETABLE OILS, &c., EMPLOYEES (STATE) AWARD
  
Date08/24/2001
Volume327
Part1
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0424
CategoryAward
Award Code 696  
Date Posted03/20/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(696)

SERIAL C0424

 

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 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 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 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.

 

 

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