FARRIERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 2953 of 2000)
Before Mr Deputy President Sams
|
13 June 2001
|
REVIEWED AWARD
Clause No. Subject Matter
1. Terms of Employment
2. Anti-Discrimination
3. Hours of Work
4. Rates of Pay
5. Tool Allowances
6. Apprenticeship Wages
7. Meals/Breaks
8. Racecourse Work
9. Casual Employees
10. Reimbursement of Travelling and Other Expenses Incurred
11. Holidays
12. Sick Leave
13. Personal Carers Leave
14. Bereavement Leave
15. Annual Leave
16. Annual Holiday Loading
17. Long Service Leave
18. Payment of Wages
19. Redundancy
20. Dispute Procedure
21. Savings Clause
22. Area, Incidence and Duration
MONETARY RATES AND
ALLOWANCES
SCHEDULE 1
Table A-Clause 3-Rates of Pay
Table B-Clause 5-Tool
Allowances
Table C-Clause 6-Apprentice
Wage Rates
Table D-Clause 7-Racecourse
Work Allowances
1. Terms Of
Employment
All employees shall be engaged on either a full-time,
part-time or casual basis. Such employment may be terminated by the giving of
notice by either party at any time. The period of such notice shall be not less
than 40 ordinary working hours commencing from the time of giving notice. An
employer failing to give such notice shall pay 40 hours ordinary pay in lieu
thereof.
2.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) offering or
providing junior rates of pay to persons under 21 years of age.
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(iv) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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 doctrine of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion".
3. Hours Of Work
(i) The ordinary
working hours shall not exceed 8 hours on any day or 40 hours in any week, to
be worked Monday to Friday, inclusive, between the hours of 6 a.m. and 5 p.m.
(ii) No employer
shall work an employee before or after the hours abovementioned, whether as
overtime or otherwise, and no employee shall work in the employ of an employer
before or after the hours abovementioned whether as overtime or otherwise:
Provided that an employee shall be allowed to work not more than ten minutes
after the ordinary ceasing time when necessity requires it, without payment of
any overtime, and shall in such case cease work ten minutes earlier on the next
full working day.
(iii) Except in the
case of racecourse work as prescribed in clause 8, Racecourse Work, work to
which this award applies shall not be performed between the ceasing time of
each day and the next commencing time as prescribed in this clause. The hours
of Saturday, Sunday and each award holiday and the hours immediately succeeding
the ceasing time of the next preceding working day before each such Saturday,
Sunday or holiday shall be hours prohibited by this award for the performance
of the class of work prescribed by clause 4, Rates of Pay, of this award.
4. Rates Of Pay
(a) Rates of Pay
prescribed by this award are set out in Table A Rates of Pay in Schedule 1
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. 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, and minimum
rates adjustments.
5. Tool Allowance
(i) A
Tradesperson shall be paid an allowance set out in Table B of Schedule 1 for
supplying maintaining tools ordinarily required in the performance of their
work as tradesperson. The allowance shall apply for all purposes of the award.
(ii) Where it was
the practice as at 5 November 1979 for the employer to provide all tools
ordinarily required by tradesperson in the performance of their work, the
employer may continue that practice and in that event the allowance prescribed
in paragraph (i) hereof shall not apply to a tradesperson.
(iii) Notwithstanding
paragraphs (i) and (ii) hereof, an employer shall provide for the use of a
tradesperson all necessary power tools, special purpose tools, precision
measuring instruments and for sheet metal workers, snips used in the cutting of
stainless steel monel metal and similar hard metals.
(iv) A Tradesperson
shall replace or pay for any tools supplied by their employer if lost through
their negligence.
6. Apprenticeship
Wages
(i) The minimum
weekly rates for Apprentices shall be those set out in Table C of Schedule 1 as
follows:
(ii) Tool
Allowance shall be paid to Apprentices in addition to their weekly rate of pay
in accordance with the rates set out in Table B of Schedule 1-
This allowance shall apply for all purposes of the award.
The conditions of employment relating to the method of payment, award holidays
and conditions, hours of employment and sick leave, shall be those applicable
to journeymen covered by this award.
7. Meals/Breaks
Each employee shall be entitled to a meal break of one hour
commencing not more than five hours after the commencement of their ordinary
hours of work.
Unless otherwise agreed between the employer and employee,
one ten-minute smoke-oh shall be allowed to each employee during their 8
ordinary hours of work on any day at a time decided by the employer. The period
of a smoke-oh shall be reckoned from the cessation of actual work by an
employee until the recommencement of actual work by that employee. A smoke-oh
taken in accordance with this clause shall be counted as time worked.
8. Racecourse Work
The following provisions shall apply to racecourse work
only:
(i) No limitation
shall be placed on the working time for any day for which the employee is
engaged on racecourse work and the work shall be done at such time as the
employer may
(ii) On
racecourses each full time and part time employee shall receive, in addition to
their ordinary pay, the allowances per day as set out in Table D of Schedule 1
(iii) On
racecourses each apprentice shall receive in addition to their ordinary pay the
allowances per day as set out in Table D of Schedule 1
(iv) Casual
employees engaged on Racecourse Work will be paid 1/40 of the weekly rate with
a minimum of four hours pay for such engagement plus:
(a) A loading of
30 per cent for casual work Monday to Saturday inclusive
(b) A loading of
50 per cent for casual work on Sunday
(c) A loading of
100 per cent for casual work on public holidays
(d) The loadings
prescribed in (a), (b) and (c) above comprehend payment for the casual nature
of the work, statutory obligations under the Annual Holidays Act 1944 and conditions of employment otherwise
available to full-time and part time employees.
9. Casual Employees
(i) Casual
employees are persons engaged and paid as such.
(ii) Casual
employees shall be paid at the 1/40 of the appropriate weekly rate prescribed
by this award plus 25% for each hour worked.
(iii) The payments
specified in this subclause include statutory obligations under the Annual Holidays Act 1944.
10. Reimbursement Of
Travelling And Other Expenses Incurred
(i) Employees
engaged travelling or on work in which they are unable to reach their homes at
night shall be provided by the employer with satisfactory meals and
accommodation, or shall be reimbursed by the employer the actual sum incurred
in obtaining same in addition to any other reasonable travelling expenses
incurred.
(ii) Where an
employee in connection with their work has to travel either by train or other
conveyance after working hours, other than in the normal course of the day's
work, they shall also be paid three-quarter time rates for the time so
occupied; all time spent travelling during ordinary working hours shall be paid
for at ordinary rates.
11. Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed,
together with all public holidays proclaimed by the Government. Picnic Day of
the Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union shall be recognised as a holiday without deduction from employees' wages.
Where another day is observed in a locality in substitute for any of the above
days, that day shall be observed as a public holiday in lieu of the prescribed
day.
(ii) A weekly
employee whose services are dispensed with within fourteen days of the
commencement of any week in which one or more holidays occur and who is
re-engaged by the same employer within fourteen days of the said week, shall be
paid an ordinary day's pay for each holiday so occurring at the rate prescribed
by
12. Sick Leave
(i) An employee
other than a casual employee with not less than three months' continuous
service in the industry who is unable to attend for work by reason of personal
illness or injury (not being illness or injury arising out of or in the course
of his employment) shall be entitled to leave of absence without deduction of
pay, as follows:
(a) Not more than
40 hours of ordinary working time in any year.
(b) Any leave not
taken in any year shall accumulate from year to year so long as his employment
continues with the employer and be available to the employee for a period of
four years, but for no longer, from the end of the year in which the leave
accrued so that any part which has not been allowed in any year may be claimed
by the employee and shall be allowed by the employer subject as aforesaid in a
subsequent year of continued employment. Accumulation under this provision
shall not exceed four years.
(ii) The granting
of sick leave shall be subject to the following conditions and limitations:
(a) The employee
shall, within twenty-four hours of the commencement of such absence, inform the
employer of their inability to attend for duty and as far as possible state the
nature of the illness or injury and the estimated duration of the absence
(b) The employee
shall furnish to the employer such evidence as the employer may reasonably
desire that the employee was unable by reason of such illness or injury to
attend for duty on the day or days for which sick leave is claimed.
(iii) For the
purpose of the clause continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee).
(iv) Service before
the date of coming into force of the clause shall be counted as service for the
purpose of qualifying there under.
(v) For the
purposes of the clause the word "year" shall mean a period of twelve
months commencing on the date on which the employment commences.
13. Personal Carers
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 12, 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 subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
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, 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 lection.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off 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.
14. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, 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 as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 13, Personal
Carer s Leave, provided that, for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(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 subclauses
(2), (3), (4) and (5) of the said clause 13. In determining such a request, the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
15. Annual Leave
Period of Leave-
(a) A period of
twenty-one consecutive days' leave shall be allowed annually to an employee
after twelve months' continuous service (less the period of annual leave) as an
employee in any one or more of the occupations to which this award applies:
Provided that as from 1 January 1974 an employee shall
commence to accrue annual leave at the rate of 3.08 hours for each five
ordinary working days worked in lieu of the rate of 2.3 hours for each five
ordinary working days worked prior to 1 January 1974. This proviso shall only
apply in the case of an employee who is in the employ of an employer on 8 April
1974 and who is given and takes his annual leave on or after that date.
Provided further, notwithstanding anything elsewhere contained in this
subclause, where an employee completes twelve months' continuous service on or
after 1 December 1974 the employee shall be allowed 28 consecutive days' leave
instead of the 21 consecutive days as prescribed in this subclause in a case
where the employee takes such leave on or after 1 December 1974.
(b) Annual Leave
Exclusive of Public Holidays
Subject to this subclause the annual leave prescribed by
this clause shall be exclusive of any of the holidays prescribed by subclause
(a) of clause 11, Holidays, of this award and if any such holiday falls within
an employee's period of annual leave and is observed on a day which in the case
of that employee would have been an ordinary working day there shall be added
to the period of annual leave time equivalent to the ordinary time which the
employee would have worked if such day had not been a holiday.
Where a holiday falls as aforesaid and the employee fails
without reasonable cause, proof whereof shall be upon the employee, to attend
for work at the employee's ordinary starting time on the working day
immediately following the last day of the period of the employee's annual
leave, the employee shall not be entitled to be paid for any such holiday.
(c) Broken Leave
The annual leave shall be given and taken in one or two
continuous periods. If the annual leave is given in two continuous periods then
one of those two periods must be of at least 21 consecutive days.
Provided that if the employer and an employee so agree then
the annual leave entitlement may be given and taken in two separate periods
neither of which is of at least 21 consecutive days, or in three separate
periods.
(d) Calculation of
Continuous Service
For the purpose of this clause service shall be deemed to be
continuous notwithstanding
(i) any
interruption or determination of the employment by the employer if such
interruption or determination has been made merely with the intention of
avoiding obligation hereunder in respect of leave of absence;
(ii) any absence
from work on account of personal sickness or accident or on account of leave
lawfully granted by the employer; or
(iii) any absence
with reasonable cause proof whereof shall be upon the employee. In cases of
personal sickness or accident or absence with reasonable cause the employee to
become entitled to the benefit of this subclause shall inform the employer, in
writing if practicable, within twenty-four hours of the commencement of such
absence of the employee's inability to attend for duty and as far as
practicable the nature of the illness, injury or cause and the estimated
duration of their absence. A notification given by an employee pursuant to
clause 12, Sick Leave, of this award shall be accepted as a notification under
this subclause. Any absence from work by reason of any cause not being a cause
specified in this subclause shall not be deemed to break the continuity of
service for the purpose of this clause unless the employer during the absence
or within fourteen days of the termination of the absence notifies the employee
in writing that such absence will be regarded as having broken the continuity
of service.
In cases of individual absenteeism such notice shall be
given in writing to the employee concerned, but in cases of concerted or
collective absenteeism notice may be given to employees by the posting up of a
notification in the plant, in the manner in which general notifications to
employees are usually made in that plant and by posting to each union whose
members have participated in such concerted or collective absenteeism a copy of
it not later than the day it is posted up in the plant. A notice to an
individual employee may be given by delivering it to the employee personally or
by posting it to the employee's last recorded address, in which case it shall
be deemed to have reached the employee in due course of post. In calculating
the period of twelve months' continuous service the following absences shall be
taken into account and counted as time worked:
Up to 160 ordinary working hours in a twelve-monthly period
in the case of sickness or accident.
Long service leave taken by an employee in accordance with
clause 17, Long Service Leave, of this award.
Other absences from work shall not be taken into account and
shall not count as time worked in calculating the period of twelve months'
continuous service
(e) Calculation of
Service
Service before the date of this award shall be taken into
consideration for the purpose of calculating annual leave but an employee shall
not be entitled to leave or payment in lieu thereof for any period in respect
of which leave or a payment in lieu thereof has been allowed. The period of
annual leave to be allowed under this subclause shall be calculated to the
nearest day, any broken part of a day in the result not exceeding half a day,
to be disregarded. Where the employer is a successor, or assignee, or
transmittee of a business if an employee was in the employment of the
employer's predecessor at the time when the employee became such successor or
assignee, or transmittee the employee in respect of the period during which the
employee was in the service of the predecessor shall for the purpose of this
clause be deemed to be in the service of the employer.
(f) Leave to be
Taken
The annual leave provided by this clause shall be allowed
and shall be taken and except as provided by subclause (k) hereof, payment
shall not be made or accepted in lieu of annual leave.
(g) Time of Taking
Leave
Annual leave shall be given at a time fixed by the employee
within a period not exceeding six months from the date when the right to annual
leave accrued and after not less than four weeks notice to the employee.
(h) Leave Allowed
Before Due Date
(i) An employer
may allow an employee to take annual leave either wholly or partly in advance
before the right thereto has accrued due. In such case a further period of
annual leave shall not commence to accrue until after the expiration of the
twelve months in respect of which the annual leave or part thereof had been
taken before it accrued.
(ii) Where annual
leave or part thereof has been granted pursuant to paragraph (i), before the
right thereto has accrued due, and the employee subsequently leaves or is
discharged from the service of the employer before completing the twelve months
continuous service in respect of which the leave was granted; and the amount
paid by the employer to the employee, for the annual leave or part so taken in
the advance exceeds the amount which the employer is required to ay to the
employee under subclause (k) of this clause, the employer shall not be liable
to make any payment to the employee under subclause (k) of this clause, and
shall be entitled to deduct the amount of excess from any remuneration payable
to the employee upon the termination of employment.
(i) Payment for
Period of Annual Leave
Each employee before going on leave shall be paid the wages
they would have received in respect of the ordinary time they would have worked
had they not been on leave during the relevant period. Subject to subclause (j)
hereof each employee shall, where applicable, have the amount of wages to be
received for annual leave calculated by including the following where
applicable:
(i) The rate
applicable to the employee as prescribed by clause 4, Rates of Pay.
(ii) Any other
rate to which the employee is entitled in accordance with their contract of
employment for ordinary hours of work: provided that this provision shall not
operate so as to include any payment which is of a similar nature to or is paid
for the same reasons as or is paid in lieu of those payments prescribed by
clause 8, Racecourse Work, clause 10, Reimbursement of Travelling and Other
Expenses Incurred, of this award, nor any payment which might have become
payable to the employee as reimbursement for extra expenses incurred.
(j) Loading on
Annual Leave
During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by subclause (i). The loading
shall be as follows: 17.5 per cent. The loading prescribed in this subclause
shall not apply to proportionate leave on termination
(k) Proportionate
Leave on Termination
An employee on weekly hiring who,
(i) after one
week's continuous service in their first qualifying twelve monthly period with
an employer, lawfully leaves the employment of the employer or their employment
is terminated by the employer through no fault of the employee; or
(ii) after twelve
months' continuous service with an employer, leave the employment of the
employer or their employment is terminated by the employer for any reason,
shall be paid at the appropriate rate of wage prescribed by subclause (i)
hereof for 3.08 hours (provided that for service prior to 1 January 1974, any
such employee shall be paid as for 2.3 hours instead of as for 3.08 hours) for
each five ordinary working days worked and in respect of which leave had not
been granted under this clause.
16. Annual Holiday
Loading
(i) In this
clause the Annual Holidays Act, 1944,
is referred to as "the Act".
(ii) Before an
employee is given and takes annual holiday, or where 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 the 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
(vii).
(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 and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled since 31 December 1973 under the Act
and this award (but excluding days added to compensation for public or special
holidays worked or public or special holidays falling on an employee's rostered
day off not worked) and which commences on or after 1 January 1974 or, where
such a holiday is given and taken in separate periods, then in relation to each
such separate period.
NOTE: See subclause (vi) as to holidays taken wholly or
partly in advance after 31 December 1973.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 17.5 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
annual holiday, together with, where applicable, any other allowances, penalty
rates, shift allowances, overtime rates or any other payments prescribed by
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 the employee 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. This subclause applies
where an annual holiday has been taken wholly or partly in advance after 31
December 1973 and the entitlement to the holiday arises after that date.
(vii) Where, in
accordance with the Act and after 31 December 1973 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 (vi) 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 the
employee under the Act such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the close-down as the employee's qualifying
period of employment in completed weeks bears to 52.
(viii) (a) When the employment of an employee is
terminated by the employer on or after 1 January 1974 for a cause other than
misconduct and at time of the termination the employee has not been given and
has not taken the whole of an annual holiday to which the employee became
entitled after 31 December 1973 the employee shall be paid a loading calculated
in accordance with subclause (iv) 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.
17. Long Service Leave
See Long Service Act,
1955.
18. Payment Of Wages
(i) Wages shall
be paid to employees during the ordinary hours of work prescribed by this award
not later than Friday of each week.
(ii) Casual
employees shall be entitled on request, at any reasonable time, to be paid at
the termination of any day's work.
19. Redundancy
(a) Application
(i) This clause
shall apply in respect of full-time, part-time and casual employees.
(ii) In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (d), termination of
Employment, of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be 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 award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change
(i) Employer's
duty to notify
(A) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(B) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the restructuring
of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
duty to discuss change
(A) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (b)(i),
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(B) The discussions
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in subclause (b)(i).
(C) For the purpose
of such discussions, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on 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
Discussions before terminations
(i) 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 subclause
(b)(i)(A) 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.
(ii) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subclause (c)(i),
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.
(iii) 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, 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 subclause sets out the notice provisions to be applied to
terminations by the employer for reasons arising from production, programme,
organisation or structure, in accordance with subclause (b)(i)(A), of this
clause:
(A) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of continuous service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(B) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(C) 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 subclause sets out the notice provisions to be applied
to terminations by the employer for reasons arising from technology in accordance
with subclause (b)(i)(A).
(A) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(B) Payment in lieu
of 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.
(C) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during the notice period
(A) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(B) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period
If the employment of an employee is terminated (other than
for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause 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 receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required.
(viii) Transfer to
lower-paid duties
Where an employee is transferred to lower-paid duties for
reasons set out in subclause (b)(i), 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 rates for the number of weeks of notice still owing.
(e) Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause (d), Termination of
Employment, of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the employee
the following severance pay in respect of a continuous period of service
(A) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(B) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(C) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
pay
Subject to an application by the employer and further order
of the Industrial Relations Commission of New South Wales, an employer may pay
a lesser amount (or no amount) of severance pay than that contained in
paragraph (i) of this subclause.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in 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 clause, 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 benefits 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.
20. Dispute Procedure
(a) Procedures
Relating to Grievances of Individual Employees
(i) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(ii) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) 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.
(v) While a
procedure is being followed, normal work must continue.
(vi) The employee
may be represented by an industrial organisation of employees.
(b) Procedures
Relating to Disputes, Etc., Between Employers and Their Employees
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) 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 purposes
of each procedure.
21. Savings Clause
The parties agree that there will be no financial
disadvantage to existing employees as a result of the changes implemented in
IRC 2953 of 2001 in respect to:
Clause 3-Hours of Work
Clause 4-Rates of Pay
Clause 7-Racecourse Work
Clause 9-Casuals (fares)
22. Area, Incidence
And Duration
This award is made following pursuant to section 19 of the
Industrial Relations Act 1996 (NSW) and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 13 June 2001 (IRC 2953 of 2000).
This award rescinds and replaces the Farriers (State) Award
published 28 January 1966 and reprinted 11 July 1984 (234 I.G. 251) and, all
variations thereof. It shall apply to all farriers within the jurisdiction of
the Farriers (State) Conciliation Committee.
The changes made to this award take effect from 13 June
2001.
This award will take effect from 13 June 2001 and will
remain in force for a period of 12 months until 13 June 2002.
SCHEDULE 1
Monetary Rates & Allowances
Rates of Pay applicable on or after the first pay period 13
June 2001.
Table A - Clause 3 - Rates of Pay
Journeyman $492.20
Table B - Clause 5 Tool Allowance
Classification Allowance
Tradesman $10.50
1st Year Apprentice $3.50
2nd Year Apprentice $4.60
3rd Year Apprentice $6.20
4th Year Apprentice $7.40
Table C - Clause 6 - Apprentice Wages
Classification Wage
Rates
1st year Apprentice $158.00
2nd year Apprentice $207.90
3rd year Apprentice $303.50
4th Year Apprentice $345.10
Table D - Clause 6 - Racecourse Work and Allowances
Per Day Weekday Saturday or Public Holiday
Full-time $15.63 $54.00
Apprentice up to 4 yrs experience $1.80 $11.78
Apprentice 4 yrs and over $2.38 $17.69
P. J. SAMS D.P.
FARRIERS (STATE) CONCILIATION COMMITTEE
INDUSTRIES AND CALLINGS
Farriers within the State excluding the County of
Yancowinna.
Excepting employees of:
The Blue Circle Southern Cement Limited;
The Kandos Cement Company Limited;
Shire and Municipal Councils;
The Broken Hill Proprietary Company Limited;
The South Maitland Railways Pty Limited;
State Rail Authority of New South Wales;
The Commissioner for Motor Transport:
Australian Iron & Steel Limited within the jurisdiction
of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary
Limited)
Conciliation Committee and the Quarries (Australian Iron
& Steel Pty Limited)
Conciliation Committee Australian Wire Industries Pty Ltd at
its Newcastle Wiremill;
The Council of the City of Newcastle; The Council of the
City of Sydney; the Electricity Commission of New South Wales;
And excepting also employees;
In or about coal mines north of Sydney, in or about the coal
mines in the South Coast district, in or about coal and shale mines west of
Sydney; at the works of J. and A. Brown at Hexham;
And excepting also;
Employees within the jurisdiction of the Cement Workers,
&c. (State) Conciliation Committee;
And excepting also;
Persons coming within the jurisdiction of the Crown Employees
(Skilled Tradesman) Conciliation Committee.
____________________
Printed by the authority of the Industrial Registrar.