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New South Wales Industrial Relations Commission
(Industrial Gazette)





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VAN SALES EMPLOYEES' (STATE) AWARD

  
Date09/07/2001
Volume327
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0435
CategoryAward
Award Code 707  
Date Posted03/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(707)

SERIAL C0435

 

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 17˝ 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.

 

 

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