VAN SALES EMPLOYEES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 1166 and 5745 of 1999)
Before the Honourable Justice Kavanagh
|
22 June 2001
|
REVIEWED AWARD
1. ARRANGEMENT
PART A
Clause No. Title.
1. Arrangement
2. Definitions
3. Hours
4. Wages
5. Arbitrated
Safety Net Adjustment
6. Supported
Wage
7. Redundancy
8. Award
Modernisation
9. Flexibility
Of Work
10. Commitment
To Training And Careers
11. Overtime
12. Time And
Payment Of Wages
13. Time And
Wages Records
14. Particulars
Of Wages To Be Furnished To Employees
15. Exhibition
Of Award
16. Licence
Upgrading
17. Meal Times
18. Meal
Allowance
19. Commissions
20. Saturday
Work
21. Sunday
Work
22. Holidays
23. Absence
Without Leave
24. Annual
Leave
25. Annual
Holidays Loading
26. Termination
Of Employment
27. Sick Leave
28. Personal/Carer's
Leave
29. Bereavement
Leave
30. Rest Pause
31. Expenses
32. Long
Service Leave
33. Right Of
Entry
34. Unauthorised
Person Riding On Vehicles
35. Locomotion
36. Proportion
37. Notice
Board
38. Jury
Service
39. Union
Delegates
40. Pre-Existing
Arrangements
41. Disputes
Procedure
42. Anti-Discrimination
43. Parental Leave
44. Conditions
45. Leave
Reserved
46. Occupational
Superannuation
47. Enterprise
Arrangements
48. Enterprise
Consultative Mechanism
49. Area,
Incidence And Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
2. Definitions
(i) For the
purpose of this award, Van sales employee shall mean an employee in charge of a
motor and/or horse drawn van engaged in soliciting wholesale business and
fulfilling sales from stocks carried on the van.
(ii) Assistant Van
sales employee shall mean a person who assists a van sales employee.
(iii) Van sales
employee local shall mean an employee who is not required by the employer to
remain away from the usual place of residence on more than two nights in any
one week, Monday to Friday, inclusive.
(iv) Van sales
employee country shall mean an employee who is required by the employer to
remain away from the usual place of residence on more than two nights in any
one week, Monday to Friday, inclusive.
3. Hours
(i) The ordinary
working hours, exclusive of meal times shall average 38 hours per week, Monday
to Friday, and shall be worked as follows:
(a) The hours to
be worked will be between the span of hours, 5.30 am. to 6.30 pm. Provided that any employer and his/her
employees may mutually agree to any variation of this subclause to meet the
circumstances of the work in hand.
(ii) Except as
provided in sub-clause (iv) and (v) below the 38 hour average week may be
worked in any one of the following ways:
(a) By employee
working less than 8 ordinary hours each day; or
(b) By employees
working less than 8 ordinary hours on one or more days each week; or
(c) By fixing one
weekday on which all employees will be off during a particular work cycle; or
(d) By rostering
the employees off on various days of the week during a particular work cycle so
that each employee has one weekday off during that cycle.
(iii) The method of
working the 38 hour average week shall be at the discretion of the employer who
shall nominate which method prescribed in the subclause (ii) above shall
apply. Provided that the employer shall
not subsequently alter the method of the implementation without advising the
employees subject to the alteration at least 7 days in advance of the date on
which the altered method of implementation is to take effect. Provided further that the union may approach
any employer to discuss the method of implementation.
(iv) Should the
employer and the majority of employees in any establishment agree, the ordinary
working hours may exceed 8 on any day, to enable a weekday off to be taken more
frequently than would otherwise apply.
(v) Different
methods of implementation of the 38 hour week may apply to various groups or
sections of employees in the plant or establishment concerned.
(vi) Except as
provided in sub-clause (vii) hereof, in cases where an employee in accordance
with paragraph (c) and (d) of subclause (ii) hereof is entitled to a day off
during his work cycle, such employee shall be advised by the employer at least
4 weeks in advance of the weekday he is to take off.
(vii)
(a) An employer
with the agreement of a majority of employees in any establishment, may
substitute the day an employee is to take off in accordance with paragraph (c)
or (d) of sub-clause (ii) hereof, for another day in case of a breakdown in
machinery, a failure or shortage of electric power, to meet the requirements of
the business in the event of rush orders or some other emergency situation.
(b) An employee
who is required by his employer to work on his schedule day off in
circumstances other than those in paragraph (a) of this sub-clause shall be
paid overtime rates or be granted an alternative day off. Such choice shall be at the option of the
employer.
(c) An individual
employee, with the agreement of his employer, may substitute a day he is to
take off for another day.
(d) An employer,
at his discretion, may hold up to a maximum of 5 days accrued in accordance
with (c) and (d) of sub-clause (ii) hereof.
Such days to be taken as time mutually agreed to between the employer
and the employee concerned.
4. Wages
(i) The minimum
rate of pay for any classification shall be as set out in (i) of Table 1 -
Wages of Part B, Monetary Rates.
(ii) Refrigeration
Vans - Employees required to drive a refrigeration van in addition to the rate
already prescribed by the Van Sales Employee Local or Van Sales Employee
Country shall be paid an amount set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iii) Assistant Van
Sales Employee - Employees shall be paid the percentage of wage from time to
time effective for the Van Sales Employee Local as set out in (ii) of Table 1 -
Wages.
(iv) Part-time
Employees -
(a) A part-time
employee shall mean any employee who is employed to work regular days and
regular hours which shall be not less than 12 hours nor more than 32 hours per
week, with a minimum of four hours on any one day. Such employees shall be paid for each hour worked at the rate of
at least one-thirty eighth of the minimum weekly wage prescribed by this award
for the class of work performed by them.
(b) Provided that,
the total provisions of this award shall apply to such part-time employee on a
proportionate basis and, in the case of public holidays, part-time employees
shall only be entitled to payment for the number of hours he or she would
normally have worked had the day been an ordinary working day.
(v) Casual
employees -
(a) A casual
employee shall be paid per hour one thirty-eighth of the adult weekly rate,
plus 25 per cent calculated to the nearest half cent.
(b) Casual
employees shall have a minimum period of engagement of four hours.
(c) For the
purposes of calculating annual holidays, a loading of one-twelfth is to be
added on to ordinary time and the appropriate 25 per cent casual loading.
(vi) There shall be
a proportion of two casuals and/or part-time employees to five full-time
employees.
5. Arbitrated
Safety Net Adjustment
(a) The rates of
pay in this award include the adjustments payable under the State Wage Case
2001. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, adjustments
and minimum rates adjustments.
6. Supported
Wage
(a) This clause
defines the conditions which will apply to employees who, because of the
effects of a disability, are eligible for a supported wage under the terms of
this award. In the context of this
clause, the following will apply:
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in Supported Wage System: Guidelines and Assessment Process.
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991, or any
successor to that scheme.
(iv) "Assessment
Document" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity, and who meet the
impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee who has
a claim against the employer which is subject to the provisions of workers'
compensation legislation or any provision of this award relating to the
rehabilitation of employees who are injured in the course of their current
employment).
The award does not apply to employers in respect of the
facility, program, undertaking, service or the like which receives funding
under the Disability Services Act 1986 and fulfils the dual role of service
provider and sheltered employer to people with disabilities who are in receipt
of, or are eligible for, a disability support pension, except with respect to
an organisation which has received recognition under section 10 or section 12A
of the said Act, or if a part only has received recognition, that part.
(c) Supported Wage
Rates - Employees to whom this clause applies shall be paid the appropriate
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Assessed
Capacity Percentage
of Prescribed
(subclause
(d)) Award
Rate
10* 10
20 20
30 30
40 40
50 50
60 60
70 70
80 80
90 90
(Provided
that the minimum amount payable shall not be less than $57.60 per week).
* Where a person's assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
(d) Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
(i) the employer
and a union party to this award, in consultation with the employee or, if
desired, by any of these;
(ii) the employer
and an accredited assessor from a panel agreed by the parties to the award and
the employee.
(e) Lodgement of
Assessment Document -
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
agreement; provided that, where a union which is party to this award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect, unless an objection is notified to the
Registrar with ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review, or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(g) Other Terms
and Conditions of Employment - Where an assessment has been made, the
appropriate percentage will apply to the wage rate only. Employees covered by the provisions of this
clause will be entitled to the same terms and conditions of employment as all
other workers covered by this award on a pro rate basis.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
(i) Trial Period
-
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks except that, in some cases, additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period, the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less that
$57.60 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialed.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into, based on the outcome of assessment under subclause (d)
of this clause.
7. Redundancy
(a) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in (i) of Table 1 - Wages, of Part B, Monetary Rates.
(ii) This clause
shall also apply in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change -
(i) Employer's
duty to notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) "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.
(ii) Employer's
duty to discuss change -
(1) 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
subclause (b), Introduction of Change, of this clause, 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.
(2) The discussion
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) of
subclause (b) of this clause.
(3) For the
purpose of such discussion, 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 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 -
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (i)
of subclause (b), Introdction of Change, of this clause, 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.
(2) The
discussions shall take place as soon as practicable after the employer has made
a definite decision which will invoke the provisions of the said paragraph (i)
of subclause (b) and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purpose of the discussion the employer shall, as soon as 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, programme, organisation or structure - this paragraph
sets out the notice provisions to be applied to termination by the employer for
reasons arising from production, programme, organisation or structure, in
accordance with paragraph (i) of subclause (b), Introduction of Change, of this
clause.
(1) 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
(2) In addition to
the notice above, employees above 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (i) of subclause (b) of
this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any act amending or replacing either of these Acts.
(iii) Time off
during the notice period -
(1) 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 purposes of seeking other
employment.
(2) 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
to which the employee would have been entitled 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 - 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 the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Employment
Separation Certificate - The employer shall, upon request from an employee
whose employment has been terminated, provide to the employee an Employment
Separation Certificate in the form required by Centrelink.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in 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 of notice still owing.
(e) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to subclause (d),
Termination of Employment, 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:
(1) 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
(2) 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
(3) "Weeks
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
clause 12, Wages.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, and employer may pay a
lesser amount (or no amount) of severance pay than contained in paragraph (i)
of this subclause.
The Industrial Relations Commission of New South Wales shall
have regard to such financial and other resources of the employer concerned as
the Commission thinks relevant, and the probable effect of paying the amount of
severance pay in paragraph (i) of this subclause will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(f) Savings
Clause - Nothing in this award shall be construed so as to require the
reduction or alteration of more advantageous benefit or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award
8. Award
Modernisation
The parties are committed to examining this award to ensure
it reflects the needs of modern business and to eliminate or amend provisions
which restrict the ability of employers to adapt quickly and efficiently to
changes affecting their business and the provision of service to the
consumer/customer.
The parties are committed to modernising the terms of the
Award so that it provides for more flexible working arrangements, improves the
quality of working life, enhances skills and job satisfaction and assists
positively in the restructuring process.
The union/s are prepared to discuss with employers all
matters raised by the union/s and the employers for increased flexibility. As such any discussion with the union/s must
be premised on the understanding that:
(1) Changes will
not be of a negative cost cutting nature.
(2) The
negotiations will include the union and employer associations.
(3) Neither party
will unreasonably oppose agreement.
(4) If agreement
cannot be reached on a particular issue it shall be referred to the Industrial
Relations Commission of New South Wales for resolution.
The parties agree that under this heading any Award matter
can be raised for discussion.
Where any agreement is reached pursuant to this clause
earlier than 6 months from the date of introduction of this clause the parties
will not oppose implementation of the agreement in the award prior to the
expiry of the 6 months.
9. Flexibility
Of Work
An employer may direct an employee to carry out such duties
as are within the limits of the employee's skill, competence and training.
Employees shall take all reasonable steps to achieve
quality, accuracy and completion of any job or task assigned to the employee.
Employees shall not impose any restrictions or limitations
on a reasonable review of work methods or standard work times.
10. Commitment
To Training And Careers
The parties acknowledge that varying degrees of training are
provided to employees, both via internal, on the job and through external
training providers.
The parties commit themselves to continuing such training as
is regarded by them as appropriate and improving training in cases where this
is required.
It is agreed that the parties will co-operate in ensuring
that appropriate training is available for all employees and the parties agree
to co-operate in encouraging both employers and employees to avail themselves
of the benefits to both from such training.
The parties agree to continue discussions on issues raised
related to training.
11. Overtime
All time worked -
(a) In excess of
thirty-eight hours per week;
(b) Before the
commencing time on any day;
(c) After the
prescribed ceasing time on any day;
(d) All time
worked on a Saturday shall not be ordinary hours but classified as overtime and
paid as such;
shall be paid for at the rate of time and one-half for the
first two hours and double time thereafter.
12. Time
And Payment Of Wages
(i) All wages, in
addition to any commission, bonus or premium to which the employee is entitled,
shall be paid weekly.
Provided that where genuine mutual agreement exists between
the employer and his/her employee, wages may be paid fortnightly.
(ii) Weekly wages
shall be calculated up to and including at least the second day preceding the
day of payment. Fortnightly wages shall be paid no later than the third day of
the second week of the pay period.
(iii) Payment of
wages shall be made on the same day of each week or fortnight, which shall not
be a Friday, Saturday or a Sunday, except as herein provided for. Provided that, in a week where an award
holiday falls on the day in which wages are usually paid, payment thereof shall
be made not later than the working day immediately preceding the award
holiday. Other arrangements regarding
payment may be made by agreement between the employer and the union.
(iv) Overtime shall
be paid not later than the pay cycle following the pay day succeeding the day
on which it was earned.
(v) Where
employment is terminated an employee shall be paid forthwith all ordinary wages
due and shall be paid all overtime and other moneys due within seven days of
the date of the termination of employment.
(vi) In the event
of an employer not paying the said overtime and other moneys due at the time on
which he has undertaken to pay them the employer shall reimburse the employee
all expenses he has incurred in attending to collect the amounts due to him.
(vii) When an
employee is required by an employer to wait beyond the ordinary ceasing time of
the employee for payment of ordinary wages or, when an employee is terminated,
to wait for payment of ordinary wages after the period of the termination for a
period of more than 15 minutes, he shall be paid his ordinary wages for the
period during which he is so required to wait.
(viii) Wages shall be
paid in cash or by electronic funds transfer as determined by the
employer. Provided that payment by
electronic funds transfer shall not be used wherever its use would create harsh
or unreasonable circumstances for employees.
Provided further that wherever wages are paid by electronic funds
transfer, the employer shall meet the following costs:
(1) The employer
to cover establishment costs.
(2) The cost of
each deposit of wages in the employee's account, including Government charges.
(3) The cost of a
single withdrawal of each deposit of wages from an employee's account. (This includes both bank and Government
charges).
(ix) All wages paid
by cash shall be paid in the employer's time.
13. Time And Wages Records
Records required to be kept by the employer are listed in
clauses 8 and 9 of Division 2 - Industrial Relations (General) Regulation 1996
(as at 1/7/99) and are as follows:
1) The prescribed
records relating to an employee must contain the following particulars:
a) The full name
of the employer,
b) the full name
of the employee,
c) if any
conditions of employment of the employee are set by an industrial instrument -
the classification of the employee under that instrument.
d) whether the
employee is employed full-time or part-time,
e) whether the
employee is employed on a permanent, temporary or casual basis,
f) if the
employee is an apprentice or trainee within the meaning of the Industrial and Commercial Training Act
1989 - the date the person became such an apprentice or trainee.
g) the date on
which the employee was first employed with the employer,
h) if the
employee's employment is terminated - the date of termination.
2)
(i) Particulars
re remuneration - The prescribed records relating to an employee must contain
the following particulars concerning the remuneration paid and hours worked by
the employee.
a) if the
relevant industrial instrument prescribes the number of hours to be worked per
week, day or other period - the number of hours worked by the employee during
each such period,
b) if the
relevant industrial instrument limits the daily hours of work and provides for
the payment of daily overtime - the number of hours worked by the employee
during each day and the times of starting and ceasing work,
c) if the
relevant industrial instrument prescribes a weekly, daily, hourly or other
period rate of remuneration - the rate of remuneration per week, day, hour or
other period at which the employee is paid,
d) if the
relevant industrial instrument prescribes piece-work - the number and
description of pieces made by the employee and rate per piece at which the
employee is paid,
e) the gross
amount of remuneration paid to the employee, showing the deductions made from
that remuneration,
f) such other
particulars as are necessary to show that the requirements of the relevant
industrial instrument relating to remuneration paid and hours worked are being
complied with.
(ii) Remuneration
defined - In this clause, remuneration includes overtime and other payments.
14. Particulars
Of Wages To Be Furnished To Employees
Particulars of wages to be furnished to employees by the
employer are listed in Division 1 - Industrial Relations (General) Regulation
1996 (as at 1/7/99) and are as follows:
1) Written
particulars - For the purposes of section 123 of the Act, the following written
particulars are to be supplied by the employer to an employee when remuneration
is paid to the employee:
a) the name of
the employee,
b) if the
remuneration of the employee is set by an industrial instrument - the
classification of the employee under that instrument,
c) the date on
which the payment was made,
d) the period of
employment to which the payment relates,
e) the gross
amount of remuneration (including overtime and other payments),
f) the amount
paid as overtime or such information as will enable the employee to calculate
the amount paid as overtime,
g) the amount
deducted for taxation purposes,
h) the amount
deducted as employee contributions for superannuation purposes,
i) the
particulars of all other deductions,
j) the net
amount paid.
15. Exhibition
Of Award
Every award required by section 361 of the Act to be
exhibited and kept exhibited by the employer by being securely attached to a
wall, partition, or other fixture, or noticeboard at the factory or workshop
where the employer carries on the business, or the premises in or upon which
persons are employed by such employer in the industry to which the award
relates so as to be legible by the employees either in their passage to or from
their work or during the performance of their work.
16. Licence
Upgrading
Where an employer requires an employee to upgrade his
licence, the cost of such upgrading shall be borne by the employer.
17. Meal
Times
(i) Each employee
shall be allowed each day not less than half an hour nor more than one hour for
a midday meal, to be taken between 11.30 am and 2.30 pm. Provided that an employer and employee may
mutually agree to a variation of the time when a meal break is to be taken to
meet the circumstances of the work in hand.
(ii) An employee
who is required to work on a day later than 7.00 pm shall be allowed not less
than twenty minutes nor more than 1 hour for an evening meal between 6.00 pm
and 7.00 pm. Provided that any employer
and employee may mutually agree to any variation of this subclause to meet the
circumstances of the work in hand.
Provided than an employee shall not forgo the evening break.
18. Meal
Allowance
(i) An employee
who has commenced work on any day before midday and who works after 7.00 pm on
any day shall be paid an amount as set out in Item 2 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates.
(ii) An employee
required by the employer to work at Trade Fairs, Exhibitions or Agricultural
Shows on Sundays and public holidays shall be paid a meal allowance of an
amount as set out in Item 5, of Table 2, if they work after 12 noon and the
same amount again if they work after 6.00 p.m. on such day.
19. Commissions
(i) Definitions -
(a) Commission,
for the purpose of this award, shall be deemed to include any financial
incentive payment, financial bonus or financial reward directly related to the
soliciting or obtaining of orders or sales from a territory by an individual
van salesman but shall not be deemed to include any incentive payment, bonus or
reward periodically made by the employer on the basis of profitability or
performance of the employer or any section, group or division thereof.
(b) Territory, for
the purpose of this award, shall be deemed to include the geographic boundaries
or any lists of persons or any combinations thereof from where or from whom the
van sales employee is required by his employer to solicit or obtain orders or
sales.
(ii) Payment of
Commission - A van sales employee who is remunerated partly by commission shall
-
(a) be paid the
appropriate minimum remuneration, locomotion allowance and expenses prescribed
by and in accordance with the provisions of this award, and
(b) be paid the
balance of commission outstanding after payment of the appropriate minimum
remuneration in accordance with the provisions of the contract of employment.
20. Saturday
Work
Work done on any Saturday shall be voluntary and paid for at
overtime rates of pay as per paragraph (d) of subclause (i) of Clause 10,
Overtime, with minimum payment of four hours.
21. Sunday
Work
Work done on any Sunday shall be paid for at the rate of
double time with a minimum payment of four hours at such rate.
22. Holidays
(i) The days
observed as New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day
and all days proclaimed as public holidays for the State shall be holidays;
provided that any day proclaimed as a holiday for the State for a special
purpose but observed throughout the State on different days also shall be a
holiday.
(ii) In addition
to the holidays prescribed in subclause (i) of this clause, each employee
covered by the terms of this award shall be entitled to one additional paid
holiday each calendar year: Provided
that such additional holiday shall be taken on a day mutually agreeable between
the employer and the employee covered by this award: Provided further that in an establishment where the majority of
employees are granted a holiday other than a holiday as defined in subclause
(i) of this clause such holiday may, for employees covered by this award, be
deemed to be the additional holiday for the purposes of this subclause.
(iii) Every
employee allowed a holiday specified herein shall be deemed to have worked in
the week in which the holiday falls the number of working hours that he would
have worked had the day not been a holiday.
(iv) Work done on
any of the above holidays shall be paid for at the rate of double time and
one-half with a minimum of four hours.
23. Absence
Without Leave
(i) An employee
absent without leave on the day before or the day after any award holiday shall
be liable to forfeit wages for the day of absence as well as for the holiday,
except where an employer is satisfied that the employee's absence was caused
through illness, in which case wages shall not be forfeited for the holiday;
provided that an employee absent on one day only, either before or after a
group of holidays, shall forfeit wages only for one holiday as well as for the
period of absence.
(ii) An employee
absent without leave on any other day shall be liable to forfeit wages for the
period of absence except as provided for in clause 27, Sick Leave, of this
award.
24. Annual
Leave
See Annual Holidays
Act 1944.
25. Annual
Holidays Loading
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an
employee is given and takes his annual holiday, or by agreement between the
employer and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the employer shall
pay his employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does
not apply where an employee takes an annual holiday wholly or partly in advance
- see subclause (vi) of this clause.)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award or where
such a holiday is given and taken in separate periods, then in relation to each
such separate period. (NOTE: See
subclause (vi) of this clause as to holidays taken wholly or partly in
advance.)
(v) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (iv) of this clause at the rate per week of 17½ per cent of
the appropriate ordinary weekly time rate of pay prescribed by this award for
the classification in which the employee was employed immediately before
commencing his annual holiday, together with the allowance provided in
subclause (ii) where applicable, of clause 5, Wages, of this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance,
provided that if the employment of such an employee continues until the day
when he would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (v) of this clause applying the
award rates of wages payable on that day.
(vii) Where, in
accordance with the Act the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned -
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (v) of this clause;
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to him
under the Act such proportion of the loading that would have been payable to
him under this clause if he had become entitled to an annual holiday prior to
the closedown as his qualifying period of employment in completed weeks bears
to fifty two.
(viii)
(a) When the
employment of an employee is terminated by either side for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which he became entitled he
shall be paid a loading calculated in accordance with subclause (v) of this
clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
26. Termination
Of Employment
(i) Except in the
case of misconduct justifying instant dismissal, the employment of any employee
may be terminated by one week's notice on either side or by the payment or
forfeiture (as the case may be) of one week's pay in lieu of such notice,
provided that during the first month of engagement employment may be terminated
by either side by a moment's notice, provided also that the employee whose
employment is terminated by the employer after one week but less than two
weeks' employment for reasons other than wilful misconduct shall be paid up to
his ordinary ceasing time on the day on which his notice has been given; provided
further, that the employment of an employee shall not be terminated except for
misconduct whilst legitimately absent from duty on accrued sick leave.
(ii) Subject to
the provisions of clause 21, Holidays, and clause 22, Absence without Leave, of
this award, an employee whose employment is terminated by the employer on the
business day preceding a holiday or holidays otherwise than for misconduct
shall be paid for such holiday or holidays, but these provisions shall not
apply to an employee employed for one week or less.
(iii) An employee
who has been employed for not less than one month, on leaving or being
discharged shall, upon request, be entitled to a statement in writing
containing the date on which the employment began and the date of termination.
This statement shall be the property of the employee and shall be returned to
the said employee unnoted by a subsequent employer or employers within seven
days of engagement.
27. Sick
Leave
(i) All weekly
employees shall subject to the production of satisfactory proof of their
illness, be entitled to two weeks sick leave each calendar year of employment.
The employee shall furnish to the employer evidence by
Statutory Declaration for any period up to two single days in any sick leave
year and by medical certificate, if required, for any period in excess of two
single days.
(ii) Sick leave
shall accumulate from year to year so long as the employment continues with the
employer so that any part of two weeks which has not been allowed in any year
may be claimed by the employee and shall be allowed by the employer subject to
the conditions prescribed in subclause (i) of this clause, in a subsequent year
of such continued employment.
(iii) Notwithstanding
the above, weekly employees shall accrue their sick leave entitlement as
outlined in subclauses (i) and (ii) of this clause on a pro rata basis, for the
first year of employment. Pro rata
means every 5 weeks a sick day is accumulated by a weekly employee in the first
year of employment. This accumulation
of a sick day every five weeks shall continue until 10 such days or 2 weeks of
sick leave have been accumulated in the first full year of employment. On gaining the 10th or final day of a weekly
employee's sick leave entitlement in the first full year of employment, such
employees shall be subject to subclauses (i) and (ii) of this clause.
(iv) Furthermore,
if an employee is absent from work for a period greater than their pro rata
entitlement during the first year, then as that entitlement increases the
employee shall be entitled to claim and be reimbursed for those days from their
employer.
28. Personal/Carer's
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in Clause 26 Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. 'relative'
means a person related by blood, marriage of affinity;
2. 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. 'household'
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
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.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause above, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry date of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work 'make-up time', under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work 'make-up time'
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
29. Bereavement
Leave
(i) An employee,
other than a casual employee, shall be entitled to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 28(1)(c)(ii), provided
that, for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under (1), (2),
(3), (4), (5) and (6) of clause 28. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operation requirement of the
business.
30. Rest
Pause
(i) When and
where it can be arranged conveniently by the employer each employee shall be
allowed a rest pause of ten minutes either in the morning or in the afternoon,
Monday to Friday, both days inclusive, at a time indicated by the employer.
(ii) Such rest pause
shall be allowed in the afternoon if the meal time is taken at 11.30 a.m., and
in the morning if the meal time is taken at 1.30 p.m. or later.
31. Expenses
(i) Wages payable
to an employee under this award shall be exclusive of all reasonable expenses
actually incurred in the discharge of his duties, and such expenses shall be
paid weekly or fortnightly.
(ii) Reasonable
expenses for the purposes of this clause shall include laundry expenses where
an employee is away from his usual place of residence for more than one week,
parking fees, hotel or motel accommodation, fares, towing charges and garage
expenses.
(iii) Any disputes
concerning payment of expenses and the amount thereof may be referred to the
Conciliation Committee for determination.
32. Long
Service Leave
See Long Service Leave
Act 1955.
33. Right
Of Entry
See section 298 of the Industrial
Relations Act of New South Wales 1996.
34. Unauthorised
Person Riding On Vehicles
An employee shall not permit any unauthorised person to
accompany him on his vehicle nor permit any unauthorised person to assist him
in the delivery of goods, wares, merchandise or material unless such person has
been engaged as an employee or is the owner of such goods, wares, merchandise
or material or has been authorised by the employer.
35. Locomotion
All means of locomotion shall be provided by the employer
who shall pay the whole of the cost of the upkeep, registration, insurance,
maintenance and running expenses.
36. Proportion
The proportion of van sales employees to assistant van sales
employees employed by an employer shall not exceed one assistant van sales
employee to one van sales employee.
37. Notice
Board
When requested by the union an employer shall erect in a
prominent position on his premises a notice board of reasonable dimensions or a
number of such notice boards reasonable in the circumstances upon which an
accredited representative of the union, a party to this award, shall be
permitted to post formal union notices signed by the Secretary or organiser of
the union concerned or by the representative posting them. Any notice posted on the board not so signed
may be removed by the accredited representative of the union or by the
employer.
38. Jury
Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
39. Union
Delegates
(i) An employee
appointed Union Delegate in the shop or department in which he is employed
shall, upon notification thereof to his employer, be recognised as the
accredited representative of the Shop Assistants & Warehouse Employees'
Federation of Australia, Newcastle and Northern, New South Wales or the Shop,
Distributive & Allied Employees' Association, New South Wales. An accredited union delegate shall be
allowed the necessary time during working hours to interview the employer or
his representative on matters affecting employees whom he represents.
(ii) Subject to
the prior approval of the employer an accredited union delegate shall be
allowed at a place designated by the employer a reasonable period of time during
working hours to interview a duly accredited union official of the Shop
Assistants & Warehouse Employees' Federation of Australia, Newcastle &
Northern, New South Wales or the Shop, Distributive & Allied Employees'
Association, New South Wales on legitimate union business.
40. Pre-Existing
Arrangements
(i) All employees
working at an establishment who before the first pay period to commence on or
after 22 April 1989, had obtained ordinary weekly hours, of less than 40 by
registered or unregistered Industrial Agreement, with their employer, shall
have the agreed implementation and date of introduction, of that condition,
take precedence over subclauses (iv), (v), (vi), (vii), (viii) & (ix) of
Clause 4, Hours, herein.
(ii) Notwithstanding
the above - all employees at an establishment who had obtained a 4% 2nd tier
wage increase before the first full pay period to commence on or after 22
December 1988; and ordinary weekly hours of less than 40 before the first full
pay period to commence on or after 22 April 1989; shall have such registered or
unregistered Industrial Agreements take precedence over the award settled by
Macken J. on 12 December 1988, in matter nos. 635 of 1984 and, 1505 of 1984 and
832 of 1988.
41. Disputes
Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
shall notify the employer (in writing or otherwise) as the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially de dealt with as close to its source as possible, with graduated
steps for further discussions and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussions at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the employee's
grievance, if the matter has not been resolved, including reasons for not
implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussions and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussions at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
42. 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 to prevent and eliminate discrimination in the workplace. This includes discrimination 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 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.
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.
a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects....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."
43. Parental
Leave
See Part 4 - Parental Leave, Division 1 of the Industrial Relations Act of New South Wales
1996.
44. Conditions
(i) Where an
employee wears a uniform, dust coat, overall or other uniform or special dress
the same shall be provided by the employer and shall be laundered by the
employer at the employer's expense; provided that where by mutual agreement the
laundering is done by the employee or the employer has refused, neglected or
failed to launder the articles and the laundering is done by the employee, the
employee shall be paid as set out in Item 3, of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, except in the cases where the articles
are made of nylon or similar material which do not require ironing, in which
case the allowance shall be as set out in Item 4, of Table 2.
(ii) A van sales
employee engaged in the sale of vehicle spare parts and accessories who is
qualified through an appropriate Technical College Course shall be paid an
amount per week extra as set out in Item 6, of Table 2, in addition to all
other entitlements in this award.
(iii) Where an
employee is required to wash any vehicle, such employee shall be paid as set
out in Item 7, of Table 2.
(iv)
(a) An employer
shall provide gum boots and waterproof coat free of cost for use during the
work of an employee required to wash vehicles.
(b) An employer
shall provide a quarter length waterproof coat to an employee for use in
connection with his work.
(c) Employees
required to operate refrigerated vehicles shall be supplied with insulated
gloves, insulated boots, insulated headgear and insulated clothes when loading
on dock areas and, when requested, insulated gloves shall be supplied to all
van salesmen.
(d) Protective
clothing supplied as above shall be maintained by the employer in a
serviceable condition.
(v) If an employee
temporarily is transferred from one branch to another the employee shall be
allowed any extra cost of travelling and shall be paid at ordinary rates for
any excess time occupied in travelling.
(vi) All vehicles
used by van sales employees shall be equipped with safety devices which prevent
employees from being locked inside the van.
(vii) Each form of
locomotion provided by an employer shall, at the time of its provision, be
fitted with and continue to be fitted with a sunvisor and a weather shield;
provided such equipment is available.
Such equipment shall be fitted at the employer's expense and
maintained by the employer.
45. Leave
Reserved
Leave is reserved to the unions to apply in respect to:
(i) Newcastle
Show Day Holiday
(ii) Trade Union
Training Courses and Seminars
(iii) Vehicle
Equipment
46. Occupational
Superannuation
(i) Definitions -
(a) "The
Fund" - For the purpose of this clause shall be a fund prescribed by and
pursuant to subclause (ii), Funds, herein.
(b) "Approved
Fund" - Is a fund approved in accordance with the Commonwealth Operational
Standards for Occupational Superannuation Fund(s).
(c) "Ordinary
Time Earnings" - Means the employee's award rate of pay as prescribed in
clause 5, Wages, herein including any overaward and/or merit payments, casual
loadings, penalty rates and/or shift loadings (but excluding overtime,
commission and occasional bonus payments).
(d) "Eligible
Employee" - Means an employee, whose work is governed by the industries
and callings of Clause 48, Area, Incidence and Duration herein, with four weeks
continuous service with the employer who works as a full-time employee,
part-time employee or as an adult casual employee (working regularly 12 hours
or more per week). In this clause
employee means eligible employee.
(e) "Eligible
Employer" - Means an employer of eligible employees within New South
Wales. In this clause employer means
eligible employer.
(ii) Funds - For
the purpose of this clause, the fund to which payments on a site shall be made
shall be one of the following funds:
(1) Retail
Employees' Superannuation Trust Pty Ltd (REST), constituted by a Deed made on
18 September 1986.
(2) Australian
Superannuation Savings Employment Trust (ASSET), constituted by a Deed made on
14 October 1987.
(3) An
"Approved Fund" applying to an employer engaged in a mixed enterprise
where more than seventy-five per cent of employees are engaged in industries
and callings other than those governed by Clause 48, Area, Incidence and
Duration, of this award; or
(4) Such other
"Approved Fund" as agreed by an employer on the one part and the
Shop, Distributive and Allied Employees' Association, New South Wales, and/or
the Shop Assistants' and Warehouse Employees' Federation of Australia,
Newcastle and Northern, New South Wales, on the other part.
(iii) Contributions
-
(a) An employer
shall pay to the Trustees of the Fund, in accordance with subclause (ii),
Funds, hereof, an amount equal to three per cent of the employees' weekly
ordinary time earnings.
(b) Where an
employee is absent, on leave without pay, whether or not such leave is
approved, no contribution from the employer shall be due in respect of that
employee, in respect of the period of unpaid absence.
(c) When an
employee provided for in paragraph (d) of subclause (i), Definitions, hereof
becomes an eligible employee, the employer shall pay contributions for the
qualifying period.
(d) Employees who
may wish to make contributions to the Fund additional to those being paid by
the employer pursuant to paragraph (a) shall be entitled to authorise the
employer to pay into the fund from the employee's wages amounts specified by
the employee.
Employee contributions to the Fund requested under this
subclause shall be made in accordance with the rules of the fund.
(iv) Frequency of
Payment - Each employer shall pay such contributions together with any
employee deductions in accordance with the requirement of the Trust Deed of the
Fund.
(v) Pre-Existing
Arrangements -
(a) Nothing in
this clause shall affect any arrangement for the payment of 3% occupational
superannuation into an approved superannuation fund to which an employer prior
to 20 March 1991 was making contributions on behalf of employees; provided that
such contributions were intended to be, and are, in full satisfaction of the
superannuation principle adopted by the State Wage Case 1986, as varied from
time to time by subsequent State Wage Case decisions. Also provided the employee is not disadvantaged by the Rules and
Trust Deed of such fund/s as compared to those of the REST and ASSET funds.
(vi) Failure of
Employer to Participate in a Fund - Where an employer has failed to make
application to participate in the approved fund, the employer shall make application
to participate in such fund and upon acceptance by the Trustees shall make an
initial contribution to such fund, in respect of each employee, equivalent to
the contributions which would have been payable under this clause, had the
employer made application to participate in such fund and been accepted by the
Trustee prior to the operation of this clause after which the employer shall
then continue to make payments as prescribed by this clause.
(vii) Failure of
Employee to Participate in a Fund - An employer shall not be liable to
contribute on behalf of any employee who refuses to sign any application form
as required by the Trust Deed of the approved fund. Such refusal shall be in writing, notwithstanding that the
employee can at any time apply to have contributions commencing upon becoming a
member of the fund. Provided further
that where an employee is a member of a Union such Union shall be notified of
the employee's refusal.
(viii) (a) Leave is reserved in regard to employer
contributions on commission.
47. Enterprise
Arrangements
a) The Industrial
Relations Commission may approve of enterprise arrangements reached in
accordance with this principle and the provisions of the Act.
b) Industrial
unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Industrial Relations Commission that
deals with the same matters in so far as they purport to apply to parties bound
the arrangements, provided that where the arrangement is between employees and
an employer a majority of employees affected by the arrangement genuinely
agree.
c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in paragraph (b).
d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such arrangement
shall continue in force until varied or rescinded in accordance with the Act.
e) For the
purposes of seeking the approval of the Industrial Relations Commission, and in
accordance with the provisions of the Act, a party shall file with the
Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
f) On a hearing
for the approval of an enterprise arrangement, the Industrial Relations
Commission will consider in addition to the industrial merits of the case under
the State Wage Case principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from Commission standards of hours of work, annual leave with pay or
long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
g) The operative
date for an enterprise arrangement shall be no earlier that the date of
approval by the Industrial Relations Commission, except that the Industrial
Relations Commission may approve an earlier operative date to achieve
consistency with the operative date of an enterprise arrangement which has
earlier been approved by the Australian Industrial Relations Commission.
h) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the federal tribunal for
approval.
i) The
Industrial Relations Commission is available to assist the parties to
negotiations for an enterprise arrangement by means of conciliation and, in
accordance with these principles and the Act, by means of arbitration. If any party to such negotiations seeks
arbitration of a matter relating to an enterprise arrangement such arbitration
shall be as a last resort.
j) Enterprise
arrangements entered into directly between employees and employers shall be
processed as follows, subject to the Industrial Relations Commission being
satisfied in a particular case that departure from these requirements is
justified:
(i) All employees
will be provided with the current prescriptions (eg award, industrial agreement
or enterprise agreement) that apply at the place of work.
(ii) The arrangement
shall be committed to writing and signed by the employer, or the employer's
duly authorised representative , with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement shall be forwarded in writing to the union or unions with
members in that enterprise affected by the changes and the employer
association, if any, of which the employer is a member.
(iv) A union or
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection and in such circumstances the parties are to confer in an
effort to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Industrial Relations
Commission to vary an award or create a new award to give effect to the
arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the matter approved in accordance with
paragraph (e) of this principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
48. Enterprise
Consultative Mechanism
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters affecting their efficiency and
productivity.
49. Area,
Incidence And Duration
(a) This award
shall apply to van sales employees as defined in clause 3, Definitions, of this
award within the State excluding the County of Yancowinna, within the
jurisdiction of the Warehouse Employees' (State) Conciliation Committee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Van
Salesmen (State) Award published 3 November 1982 and reprinted 11 October 1991
(265 IG 391), the Van Salesmen Redundancy (State) Award published 24 February
1995 (284 IG 174) and all variations thereof.
(c) The award
published 3 November 1982 (227 IG 895) and reprinted 11 October 1991 (265 IG
391) took effect from the beginning of the first pay period to commence on 3
February 1982 and the variations thereof incorporated herein on the dates set
out in the attached Schedule A.
(d) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are
set out in the attached Schedule B and take effect on 22 June 2001.
(e) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
Broken Hill Proprietary Company Limited at Newcastle;
Australian Wire Industries Pty Ltd at its Sydney Wiremill;
Australian Iron and Steel Proprietary Limited.
PART B
MONETARY RATES
Table 1 - Wages
(i) From the
first full pay period to commence on or after 30 June 2000:
Classification
|
Former rate per
|
SWC
|
Total
|
|
week
|
2000
|
Rate per week
|
|
$
|
$
|
$
|
Van Sales Employees Local - In charge of
|
|
|
|
a vehicle with carrying capacity of:
|
|
|
|
|
|
|
|
up to or equal to 2 tonnes
|
429.40
|
15.00
|
444.40
|
over 2 and up to 5 tonnes
|
433.10
|
15.00
|
448.10
|
over 5 tonnes
|
437.30
|
15.00
|
452.30
|
Van Sales Employees Country - In charge
|
|
|
|
of a vehicle with a capacity of:
|
|
|
|
|
|
|
|
up to or equal to 2 tonnes
|
444.10
|
15.00
|
459.10
|
over 2 and up to 5 tonnes
|
448.00
|
15.00
|
463.00
|
over 5 tonnes
|
452.40
|
15.00
|
467.40
|
From the first full pay period to commence on or after 30
June 2001:
Classification
|
Former rate per
|
SWC
|
SWC
|
Total
|
|
week
|
2000
|
2001
|
Rate
|
|
$
|
$
|
$
|
per
|
|
|
|
|
week
|
|
|
|
|
$
|
Van Sales Employees Local - In charge of a
|
|
|
|
|
vehicle with carrying capacity of:
|
|
|
|
|
|
|
|
|
|
up to or equal to 2 tonnes
|
429.40
|
15.00
|
13.00
|
457.40
|
over 2 and up to 5 tonnes
|
433.10
|
15.00
|
13.00
|
461.10
|
over 5 tonnes
|
437.30
|
15.00
|
13.00
|
465.30
|
Van Sales Employees Country - In charge
|
|
|
|
|
of a vehicle with a capacity of:
|
|
|
|
|
|
|
|
|
|
up to or equal to 2 tonnes
|
444.10
|
15.00
|
13.00
|
472.10
|
over 2 and up to 5 tonnes
|
448.00
|
15.00
|
13.00
|
476.00
|
over 5 tonnes
|
452.40
|
15.00
|
13.00
|
480.40
|
The carrying capacity shall be the difference between the
tare weight and the aggregate weight as
shown on the vehicle registration certificate.
(ii) Assistant
Van Sales Employee - Percentage of wage Percentage
for Van
Sales Employee Local - per
week
At 17 years of age and under 65
At 18 years of age 75
At 19 years of age 95
At 20 years of age and over 100
Table 2 - Other Rates and Allowances
Amounts for items 2, 3, 4 and 5 are operative from the first
full pay period to commence on or after 24 April 2001 and amounts for items 1,
6 and 7 are operative form the first full pay period to commence on or after 30
June 2000:
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
$
|
1
|
4(ii)
|
Allowance for driving refrigerated vans
|
5.90 per week
|
2
|
18(i)
|
Meal Allowance
|
9.10 per week
|
3
|
44(i)
|
Laundering Allowance - non nylon articles
|
7.80 per week
|
4
|
44(i)
|
Laundering Allowance - nylon articles
|
4.70 per week
|
5
|
18(ii)
|
Meal Allowance for working trade fairs, etc., on
|
9.10 per week
|
|
|
Sundays and public holidays
|
|
6
|
44(ii)
|
Technical Qualification Allowance
|
14.00 per week
|
7
|
44(iii)
|
Washing of any vehicle
|
6.60
|
Amounts for items 2, 3, 4 and 5 are operative from the first
full pay period to commence on or after 24 April 2001 and amounts for items 1,
6 and 7 are operative form the first full pay period to commence on or after 30
June 2001:
Item
|
Clause
|
Brief Description
|
Amount
|
No.
|
No.
|
|
$
|
1
|
4(ii)
|
Allowance for driving refrigerated vans
|
6.10 per week
|
2
|
18(i)
|
Meal Allowance
|
9.10 per week
|
3
|
44(i)
|
Laundering Allowance - non nylon articles
|
7.80 per week
|
4
|
44(i)
|
Laundering Allowance - nylon articles
|
4.70 per week
|
5
|
18(ii)
|
Meal Allowance for working trade fairs, etc., on Sundays
|
9.10 per week
|
|
|
and public holidays
|
|
6
|
44(ii)
|
Technical Qualification Allowance
|
14.40 per week
|
7
|
44(iii)
|
Washing of any vehicle
|
6.80
|
SCHEDULE A
Award and Variations Incorporated
Clause
|
Award/
|
Date of
|
Date of Taking
|
Industrial
|
|
|
Publication
|
|
|
|
Variation
|
|
Effect
|
Gazette
|
|
Serial No.
|
|
|
Vol. Page
|
|
|
|
|
|
Van Salesmen (State) Award
|
78017
|
3/11/82
|
3/2/82
|
227
|
895
|
Award Reprint - No. 1736
|
B0077
|
11/10/91
|
|
265
|
391
|
1, 40, 41
|
B0516
|
18/10/91
|
20/3/91
|
265
|
543
|
1, 4, 5, 6, 7(v), 15, 22, 35A,
|
B0622
|
25/10/91
|
Clause 5 Column B
|
265
|
812
|
35B, 35C
|
|
|
22/3/89
|
|
|
|
|
|
|
Clauses 4(i), 5(iv)(a)
|
|
|
|
|
|
|
and 6 (i)(a)
|
|
|
|
|
|
|
22/4/89
|
|
|
|
|
|
|
All other respects
|
|
|
|
|
|
|
22/12/88
|
|
|
|
1, 5(i), 5(ii), 5A, 5B, 5C, 5D,
|
B0623
|
25/10/91
|
21/3/91
|
265
|
1054
|
|
38(vi)
|
|
|
|
|
|
|
Items 2, 3, 4, 5 and 7 of
|
B1013
|
20/3/92
|
5/9/91
|
268
|
766
|
|
Table 2 of Part B
|
|
|
|
|
|
|
1, 4, 5, 11, 16, 17, 47, 48,
|
B1220
|
18/9/92
|
21/1/92
|
271
|
952
|
|
Part B
|
|
|
|
|
|
|
1, 7, 9, 11, 47A, Part B
|
B1307
|
6/11/92
|
21/4/92
|
272
|
310
|
|
17, 44(i), (iv)(a) and (vii)
|
B2570
|
25/3/94
|
3/9/93
|
278
|
1192
|
|
5, Table 1 and Item 1 of
|
B3040
|
17/2/95
|
19/1/94
|
283
|
1370
|
|
Table 2 of Part B
|
|
|
|
|
|
|
44(vi), Item 6 of Table 2 of
|
B4633
|
15/11/96
|
25/7/96
|
295
|
980
|
|
Part B
|
|
|
|
|
|
|
1, 26A
|
B4964
|
23/5/97
|
30/8/96
|
298
|
763
|
|
1, 5, 5A, 5B, 17, 41, 44(i),
|
B6204
|
7/8/98
|
24/10/97
|
306
|
117
|
|
44(iv)(a), 44(vi), 44(vii),
|
|
|
|
|
|
|
Part B
|
|
|
|
|
|
|
5A, 5A(d), (i) of Table 1 of
|
B6798
|
11/6/99
|
29/6/98
|
309
|
772
|
|
Part B, Table 2 of Part B
|
|
|
|
|
|
|
37
|
B7149
|
1/10/99
|
10/12/98
|
310
|
1307
|
|
5A(d), (i) of Table 1 of Part
|
B8506
|
17/3/00
|
30/6/99
|
314
|
230
|
|
B, Items 1, 6 and 7 of Table
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
Table 2 of Part B
|
B8702
|
12/5/00
|
9/4/99
|
315
|
739
|
|
1, 41A
|
B8419
|
26/5/00
|
3/6/99
|
315
|
1258
|
|
Items 2, 3, 4 and 5 of Table
|
2180/00 &
|
|
28/6/00
|
|
|
|
2 of Part B
|
2181/00
|
|
|
|
|
|
5A(d), (i) of Table 1 of Part
|
B9809
|
23/3/01
|
30/6/00
|
323
|
431
|
|
B, Items 1, 6 and 7 of Table
|
|
|
|
|
|
|
2 of Part B
|
|
|
|
|
|
|
Items 2, 3, 4 and 5 of Table
|
1993/01 &
|
|
24/4/01
|
|
|
|
2 of Part B
|
1994/01
|
|
|
|
|
|
5A(d), (i) of Table 1 of Part
|
3689/01
|
|
30/6/01
|
|
|
|
B, Items 1, 6 and 7 of Table
|
&
|
|
|
|
|
|
2 of Part B
|
3690/01
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE B
Changes Made on Review
Date of Effect: 22 June 2001
(1) Provisions
Modified:
Award
|
Clause
|
Previous Form of Clause Last
|
|
|
Published at IG:
|
|
|
Vol. Page
|
Van Salesmen (State) Award
|
Title
|
265
|
391
|
Van Salesmen (State) Award
|
1
|
265
|
391
|
Van Salesmen (State) Award
|
3
|
265
|
391
|
Van Salesmen (State) Award
|
5
|
306
|
117
|
Van Salesmen (State) Award
|
5A
|
306
|
117
|
Van Salesmen (State) Award
|
5B
|
306
|
117
|
Van Salesmen (State) Award
|
6
|
265
|
1054
|
Van Salesmen Redundancy (State) Award
|
|
284
|
174
|
Van Salesmen (State) Award
|
8
|
265
|
391
|
Van Salesmen (State) Award
|
12
|
265
|
391
|
Van Salesmen (State) Award
|
13
|
265
|
391
|
Van Salesmen (State) Award
|
14
|
265
|
391
|
Van Salesmen (State) Award
|
16
|
271
|
952
|
Van Salesmen (State) Award
|
17
|
265
|
391
|
Van Salesmen (State) Award
|
18
|
265
|
391
|
Van Salesmen (State) Award
|
21
|
265
|
391
|
Van Salesmen (State) Award
|
22
|
265
|
391
|
Van Salesmen (State) Award
|
25
|
265
|
391
|
Van Salesmen (State) Award
|
26
|
265
|
812
|
Van Salesmen (State) Award
|
26A
|
298
|
763
|
Van Salesmen (State) Award
|
31
|
265
|
391
|
Van Salesmen (State) Award
|
34
|
265
|
391
|
Van Salesmen (State) Award
|
37
|
310
|
1307
|
Van Salesmen (State) Award
|
42
|
265
|
391
|
Van Salesmen (State) Award
|
43
|
265
|
391
|
Van Salesmen (State) Award
|
44
|
265
|
391
|
Van Salesmen (State) Award
|
46
|
265
|
543
|
Van Salesmen (State) Award
|
47
|
271
|
952
|
Van Salesmen (State) Award
|
48
|
265
|
391
|
Van Salesmen (State) Award
|
Part B Table 1 (i)
|
323
|
431
|
Van Salesmen (State) Award
|
Part B Table 1 (ii)
|
306
|
117
|
Van Salesmen (State) Award
|
Part B Table 2
|
|
|
|
Items 1, 6 and 7
|
323
|
431
|
|
Items 2, 3, 4 and 5
|
315
|
739
|
(2) Provisions Removed:
Award
|
Clause
|
Previous Form of Clause Last
|
|
|
Published at IG:
|
|
|
Vol. Page
|
Van Salesmen (State) Award
|
2
|
265
|
391
|
Van Salesmen (State) Award
|
9
|
272
|
310
|
Van Salesmen (State) Award
|
29
|
265
|
391
|
Van Salesmen (State) Award
|
36
|
265
|
391
|
(3) Rescinded
Obsolete Awards Related to this Review:
Award
|
Previous Form of Clause Last
|
|
Published at IG:
|
|
Vol. Page
|
Van Salesmen Redundancy (State) Award
|
284
|
174
|
VAN SALES EMPLOYEES' (STATE) CONCILIATION COMMITTEE
Industries and Callings
Employees engaged in or in connection with the handling,
reception, sale or delivery of goods by wholesale, who are employed in
warehouses, or by any employer in the premises, including wholesale markets,
occupied by him, and also van salesmen within the State, excluding the County
of Yancowinna, but excluding also employees in wholesale markets within the
County of Yancowinna, the County of Northumberland, the Parish of Stockton, and
the Municipality of Raymond Terrace;
Excepting:
Employees in drug warehouses;
Sorters and assemblers in wholesale grocery warehouses;
Storemen and packers;
Watchmen, caretakers, cleaners, lift attendants and porters;
Clerks;
Carters, grooms, stablemen, yardmen, and drivers of motor
and other power-propelled vehicles;
Females engaged in handling and putting up of honey, butter,
cheese and junket tablets;
Persons within the jurisdiction of the Models and Mannequins
(State) Conciliation Committee;
Persons employed in wholesale meat depots;
and excepting employees within the jurisdiction of the
following Conciliation Committees -
Fish, Wholesale Marketing (State);
Special Steels and Steel Products Manufacture (Commonwealth
Steel Company Limited);
Tubemakers of Australia Limited, Newcastle;
Watchmen and Gatekeepers (Waterfront);
Wholesale Fruit and Vegetable Employees (State);
Shortland County Council;
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
Cement Workers, & c. (State);
And excepting employees of -
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
Broken Hill Proprietary Company Limited at Newcastle;
Australian Wire Industries Pty Ltd at its Sydney Wiremill;
Australian Iron and Steel Proprietary Limited.
T. M. KAVANAGH, J
____________________
Printed by the authority of the Industrial Registrar.