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New South Wales Industrial Relations Commission
(Industrial Gazette)




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FARRIERS (STATE) AWARD
  
Date09/21/2001
Volume327
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0439
CategoryAward
Award Code 309  
Date Posted03/06/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(309)

SERIAL C0439

 

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.

 

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