CLERICAL AND ADMINISTRATIVE EMPLOYEES (JOHN FAIRFAX PUBLICATION) AWARD
2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Federated
Clerk's Union of Australia, New South Wales Branch, industrial organisation of
employees.
(No. IRC 91 of 2001)
|
Before Commissioner
Murphy
|
5 February and 5 April 2001
|
AWARD
1. Title
This award shall be known as the Clerical and Administrative
Employees (John Fairfax Publications) Award 2000.
2. Arrangement
This award is arranged in the following manner:
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
4. Hours
5. Part-time Employees
6. Casual Employees
7. Classification Structure
8. Wages
9. Higher Grade Work
10. Shift Allowance
11. Weekend Penalty Rates
12. Overtime
13. Extra Rates Not Cumulative
14. Meal Allowance
15. Travelling Expenses
16. Meal Break
17. Sick Leave
18. Public Holidays
19. Termination of Employment
20. Annual Leave
21. Annualisation of Annual Leave Loading
22. Long Service Leave
23. Workers' Compensation
24. Right of Entry
25. Redundancy
26. Parental Leave
27. Family Leave
28. Bereavement Leave
29. Leave Reserved
30. Exemption
31. Grievance Procedure
32. Area, Incidence and Duration
33. Union Recognition and Membership
34. Superannuation
35. Anti-Discrimination
36. Salary Sacrifice
37. First Aid Allowance
3. Definitions
(i) "Casual
employee" shall mean an employee
engaged by the hour.
(ii) "Company" shall mean John Fairfax Publications Pty
Ltd.
(iii) "Day
worker" shall mean an employee
whose ordinary hours are worked between 7:00 am and 7:00 pm Monday to Friday.
(iv) "Fixed
term employee" shall mean an
employee engaged for a specified period of time or to undertake and complete a
specified task.
(v) "Parental
Leave" shall include paternity,
maternity and adoption leave.
(vi) "Weekly
employee" shall mean an employee
who is classified as such and works 38 hours or less per week.
(vii) "Shiftworker" shall mean an employee who is rostered to
work outside the hours of a Day worker.
(viii) "Union" shall mean the Federated Clerks Union of
Australia, New South Wales Branch.
(ix) "Base
hourly rate of pay" shall mean the
appropriate weekly rate (including 1.346% Annual Leave Loading) divided by:
(a) thirty
eight, or
(b) the number of
hours worked by weekly clerical employees in the section or department in which
such person is employed, whichever is less.
(x) "Personal
Margin" shall mean for the purposes of clause 36 Salary Sacrifice an
over-award payment.
4. Hours
(i) The ordinary
working hours for Day workers shall not exceed 38 hours per week, between the
hours of 7.00 a.m. and 7.00 p.m. Monday to Friday.
(ii) The
commencing and ceasing times shall be fixed by the Company in accordance with
the requirements of the business.
(iii) Ordinary
hours may be varied by mutual agreement between the employee and the Company or
by the Company providing no less than two (2) weeks notice.
5. Part-Time
Employees
(i) A Part-time
employee is an employee who is employed to work regularly rostered days and/or
hours.
(ii) The hours
worked by Part-time employees shall not be less than twelve hours per week, and
be up to thirty eight hours per week to be worked on not less than two days per
week.
(iii) Part-time
employees shall be paid at the base hourly rate equal to the appropriate weekly
rate divided by:
thirty eight, or
the number of hours worked by weekly clerical employees in
the section or department in which such person is employed, whichever is less.
The provisions of this award with respect to annual leave,
annual leave loading, workers’ compensation, public holidays, hours, overtime,
shift allowances, sick leave and weekend penalty rates shall apply to Part-time
employees.
Notwithstanding the provisions of this clause, the Union and
the Company may agree, in writing, to observe other conditions in order to meet
special cases.
6. Casual Employees
(i) The hours
worked by Casual employees shall not exceed 20 per week unless additional hours
are needed to meet the requirements of the Company.
(ii) A casual
employee’s base hourly rate will be calculated by dividing the appropriate
weekly rate by thirty-eight. A casual
employee shall be paid for all ordinary time worked at the base rate plus 20%
loading in lieu of any payments for sick leave, bereavement leave, etc. A casual employee shall also be paid 1/12th
of the ordinary rate in lieu of annual leave for all ordinary hours worked.
(iii) Casuals will
have their annual leave paid on a weekly or fortnightly basis rather than as a
lump sum effective 1 July 2000. This
will be shown as a separate item on the payslip.
(iv) A casual
employee shall receive a minimum payment of four hours at the appropriate rate
for each engagement.
(v) The provisions
of this award with respect to Shift Allowances, Weekend Penalty Rates and
Overtime shall apply to casual employees.
7. Classification
Structure
(i) All employees
shall be graded in one of the following grades and informed accordingly in
writing within fourteen (14) days of appointment to the position held by the
employee and subsequent graded positions.
(ii) An employee
shall be graded in the grade where the principal function of his or her
employment, as determined by the Company, is of a clerical nature and is
described in subclause (a) to (e) of this clause.
(a) A Grade 1
position is described as follows:
(1) The employee
may work under direct supervision with regular checking of progress.
(2) An employee at
this grade applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.
(3) Usually work
will be performed within established routines, methods and procedures that are
predictable, and which may require the exercise of limited discretion.
Indicative tasks of a Grade 1 position are:
|
Unit
|
Element
|
|
Information Handling
|
Receive and distribute incoming mail
|
|
|
Receive and dispatch outgoing mail
|
|
|
Collate and dispatch documents for bulk mailing
|
|
|
File and retrieve documents
|
|
Communication
|
Receive and relay oral and written messages
|
|
|
Complete simple forms
|
|
Enterprise
|
Identify key functions and personnel
|
|
|
Apply office procedures
|
|
Technology
|
Operate office equipment appropriate to the tasks to be
completed
|
|
|
Open computer file, retrieve and copy data
|
|
|
Close files
|
|
Organisational
|
Plan and organise a personal daily work routine
|
|
Team
|
Complete allocated tasks
|
|
Business Financial
|
Record petty cash transactions
|
|
|
Prepare banking documents
|
|
|
Prepare business source documents
|
(b) A Grade 2
position is described as follows:
(1) The employee
may work under routine supervision with intermittent checking.
(2) An employee at
this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually
clear, with limited complexity in the choice.
(3) Work will be
performed within established routines, methods and procedures, which involve
the exercise of some discretion and minor decision making.
Indicative tasks of a Grade 2 position are:
|
Unit
|
Element
|
|
Information Handling
|
Update and modify existing organisational records
|
|
|
Remove inactive files
|
|
|
Copy data on to standard forms
|
|
Communication
|
Respond to incoming telephone calls
|
|
|
Make telephone calls
|
|
|
Draft simple correspondence
|
|
Enterprise
|
Provide information from own function area
|
|
|
Re-direct inquiries and/or take appropriate follow-up
action
|
|
|
Greet visitors and attend to their needs
|
|
Technology
|
Operate equipment
|
|
|
Identify and/or rectify minor faults in equipment
|
|
|
Edit and save information
|
|
|
Produce document from written text using standard format
|
|
|
Shutdown equipment
|
|
Organisational
|
Organise own work schedule
|
|
|
Know roles and functions of other employees
|
|
Team
|
Participate in identifying tasks for team
|
|
|
Complete own tasks
|
|
|
Assist others to complete tasks
|
|
Business Financial
|
Reconcile invoices for payment to creditors
|
|
|
Prepare statements for debtors
|
|
|
Enter payment summaries into journals
|
|
|
Post journals to ledger
|
(c) A Grade 3
position is described as follows:
(1)The employee may work under limited supervision with
checking related to overall progress.
(2) An employee at
this grade may be responsible for the work of others and may be required to
co-ordinate such work.
(3) An employee at
this grade applies knowledge with depth in some areas and a broad range of
skills. Usually work will be performed within routines, methods and procedures
where some discretion and judgement is required.
Indicative tasks of a Grade 3 position are:
|
Unit
|
Element
|
|
Information Handling
|
Prepare new files
|
|
|
Identify and process inactive files
|
|
|
Record documentation movements
|
|
Communication
|
Respond to telephone, oral and written requests for
Information
|
|
|
Draft routine correspondence
|
|
|
Handle sensitive inquiries with tact and discretion
|
|
Enterprise
|
Clarify specific needs of client/other employees
|
|
|
Provide information and advice
|
|
|
Follow-up on client/employee needs
|
|
|
Clarify the nature of a verbal message
|
|
|
Identify options for resolution and act accordingly
|
|
Technology
|
Maintain equipment
|
|
|
Train others in the use of office equipment
|
|
|
Select appropriate media
|
|
|
Establish document structure
|
|
|
Produce documents
|
|
Organisational
|
Co-ordinate own work routine with others
|
|
|
Make and record appointments on behalf of others
|
|
|
Make travel and accommodation bookings in line with given
itinerary
|
|
Team
|
Clarify tasks to achieve group goals
|
|
|
Negotiate allocation of tasks
|
|
|
Monitor own completion of allocated tasks
|
|
Business Financial
|
Reconcile accounts to balance
|
|
|
Prepare bank reconciliations
|
|
|
Document and lodge takings at bank
|
|
|
Receive and document payment/takings
|
|
|
Dispatch statements to debtors
|
|
|
Follow-up and record outstanding accounts
|
|
|
Dispatch payments to creditors
|
|
|
Maintain stock control records
|
(d) A
Grade 4 position is described as follows:
(1) The employee
may be required to work without supervision, with general guidance on progress
and outcomes sought. Responsibility for the organisation of the work of others
may be involved.
(2) An employee at
this grade applies knowledge with depth in some areas and a broad range of
skills. There is a wide range of tasks, and the range and choice of actions
required will usually be complex.
(3) An employee at
this grade applies competencies usually applied with routines, methods and
procedures where discretion and judgement is required for both self and others.
Indicative tasks of a Grade 4 position are:
|
Unit
|
Element
|
|
Information Handling
|
Categorises files
|
|
|
Ensure efficient distribution of files and records
|
|
|
Maintain security of filing system
|
|
|
Train others in operation of the filing system
|
|
|
Compile report
|
|
|
Identify information source(s) inside and outside the
Organisation
|
|
Communication
|
Receive and process a request for information
|
|
|
Identify information source(s)
|
|
|
Compose reports/correspondence
|
|
Enterprise
|
Provide information on current service provision and
|
|
|
Resource allocation within area of responsibility
|
|
|
Identify trends in client requirements
|
|
Technology
|
Maintain storage media
|
|
|
Devise and maintain filing system
|
|
|
Set printer for document requirements when various
|
|
|
Set-ups are available
|
|
|
Design document format
|
|
|
Assist and train network users Shutdown network
|
|
|
Equipment
|
|
Organisational
|
Manage diary on behalf of others
|
|
|
Assist with appointment preparation and follow-up for
others
|
|
|
Organise business itinerary
|
|
|
Make meeting arrangements
|
|
|
Record minutes of meetings
|
|
|
Identify credit facilities Prepare content of
documentation for meetings
|
|
Team
|
Plan work for the team
|
|
|
Allocate tasks to members of the team
|
|
|
Provide training for team members
|
|
Business Financial
|
Prepare financial reports
|
|
|
Draft financial forecasts/budgets
|
|
|
Undertake and document costing procedures
|
(e) A Grade 5
position is described as follows:
(1) The employee
may be supervised by professional staff and may be responsible for the planning
and management of the work of others.
(2) An employee at
this grade applies knowledge with substantial depth in some areas, and a range
of skills, which may be varied or highly specific. The employee may receive
assistance with specific problems.
(3) An employee at
this grade applies knowledge and skills independently and non-routinely.
Judgement and initiative are required.
Indicative tasks of a Grade 5 position are:
|
Unit
|
Element
|
|
Information Handling
|
Implement new/improved system
|
|
|
Update incoming publications
|
|
|
Circulate publications
|
|
|
Identify information source(s) inside and outside the
organisation
|
|
Communication
|
Obtain data from external sources
|
|
|
Produce report
|
|
|
Identify need for documents and/or research
|
|
Enterprise
|
Assist with the development of options for future
strategies
|
|
|
Assist with planning to match future requirements with
Resource
|
|
|
allocation
|
|
Technology
|
Establish and maintain a small network
|
|
|
Identify document requirements
|
|
|
Determine presentation and format of document
|
|
|
And produce it
|
|
Organisational
|
Organise meetings
|
|
|
Plan and organise conferences
|
|
Team
|
Draft job vacancy advertisements
|
|
|
Assist in the selection of staff
|
|
|
Plan and allocate work for the team
|
|
|
Monitor team performance
|
|
|
Organise training for team
|
|
Business Financial
|
Administer PAYE salary records
|
|
|
Process payment of wages and salaries
|
|
|
Prepare payroll data
|
NOTATION: The
definitions of Grades 1, 2, 3, 4 and 5 in subclause (ii) hereof, shall have no
application to a person employed in a managerial capacity, that is a person who
is employed primarily to control the conduct of the Company's business and who
in the performance of his or her duties regularly makes decisions and accepts
responsibility on matters relating to the administration and conduct of the
business and whose performance of clerical duties is merely ancillary to his or
her managerial employment.
(iii) The Company
shall keep a list of employees and the grade in which they are employed
pursuant to subclause (ii), of this clause.
8. Wages
(i) Adults - The
minimum rates of wages per week for adult employees shall be:
(A) As from 1 July
2000
|
Grade
|
Rate Per Week
1 July 1999
(Non Loaded Minimum Rate)
|
(Non Loaded Minimum Rate)
+ $15.00)
1 July 2000
|
+ Annual Leave Loading 1.346%
|
Base Hourly Rate
1
38th
|
|
Grade1
|
$424.60
|
$439.60
|
$445.50
|
$11.72
|
|
Grade 2
|
$445.50
|
$460.50
|
$466.70
|
$12.28
|
|
Grade 3
|
$477.20
|
$492.20
|
$498.85
|
$13.13
|
|
Grade 4
|
$518.90
|
$533.90
|
$541.10
|
$14.24
|
|
Grade5
|
$578.85
|
$593.85
|
$601.85
|
$15.84
|
(B) As from 1 July
2001
|
Grade
|
(Non Loaded Minimum
|
+ Annual Leave
|
Base Hourly
|
|
|
Rate)
|
Loading
|
Rate
|
|
|
+ $10.00
|
1.346%
|
1
|
|
|
1 July 2001
|
|
38th
|
|
Grade1
|
$449.60
|
$455.65
|
$12.00
|
|
Grade 2
|
$470.50
|
$476.85
|
$12.55
|
|
Grade 3
|
$502.20
|
$509.00
|
$13.39
|
|
Grade 4
|
$543.90
|
$551.20
|
$14.51
|
|
Grade 5
|
$603.85
|
$612.00
|
$16.11
|
(ii) Juniors - The
minimum rates of wages per week for junior employees shall be:
(a) Stenographer,
accounting machine operator, data processing machine operator, computer
operator.
(A) As from 1 July
2000
|
Age
|
Weekly Rate
|
(Non Loaded
|
+ Annual Leave
|
Base Hourly
|
|
|
1 July 1999
|
Minimum Rate)
|
Loading 1.346%
|
Rate
|
|
|
(Non Loaded
|
+ 3.1%
|
|
1
|
|
|
Minimum Rate)
|
1 July 2000
|
|
38th
|
|
At 17 years of age
|
$242.85
|
$250.40
|
$253.80
|
$6.68
|
|
At 18 years of age
|
$295.70
|
$304.85
|
$308.95
|
$8.13
|
|
At 19 years of age
|
$353.75
|
$364.70
|
$369.60
|
$9.73
|
|
At 20 years of age
|
$402.00
|
$414.45
|
$420.05
|
$11.05
|
(B) As from 1 July 2001
|
Age
|
(Non Loaded Minimum
|
+ Annual Leave
|
Base Hourly
|
|
|
Rate)
|
Loading
|
Rate
|
|
|
+ 2%
|
1.346%
|
1
|
|
|
1 July 2001
|
|
38th
|
|
At 17 years of age
|
$255.40
|
$258.85
|
$6.81
|
|
At 18 years of age
|
$310.95
|
$315.15
|
$8.29
|
|
At 19 years of age
|
$372.00
|
$377.00
|
$9.92
|
|
At 20 years of age
|
$422.75
|
$428.45
|
$11.28
|
(b) All other
junior employees:
(A) As from 1 July
2000
|
Age
|
Rate Per Week
|
(Non Loaded
|
+ Annual
|
Base
|
|
|
1 July 1999
|
Minimum Rate)
|
Leave Loading
|
Hourly
|
|
|
(Non Loaded
|
+ 3.1%
|
1.346%
|
Rate
|
|
|
Minimum Rate)
|
1 July 2000
|
|
1
|
|
|
|
|
|
38th
|
|
Under 17 years of age
|
$184.15
|
$189.85
|
$192.40
|
$5.06
|
|
At 17 years of age
|
$231.25
|
$238.40
|
$241.60
|
$6.36
|
|
At 18 years of age
|
$282.55
|
$291.30
|
$295.20
|
$7.77
|
|
At 19 years of age
|
$338.70
|
$349.20
|
$353.90
|
$9.31
|
|
At 20 years of age
|
$386.00
|
$397.95
|
$403.30
|
$10.61
|
(B) As from 1 July
2001
|
Age
|
(Non Loaded Minimum
|
+ Annual Leave
|
Base Hourly
|
|
|
Rate)
|
Loading
|
Rate
|
|
|
+ 2%
|
1.346%
|
1
|
|
|
1 July 2001
|
|
38th
|
|
Under 17 years of age
|
$193.65
|
$196.25
|
$5.16
|
|
At 17 years of age
|
$243.15
|
$246.40
|
$6.48
|
|
At 18 years of age
|
$297.10
|
$301.10
|
$7.92
|
|
At 19 years of age
|
$356.20
|
$361.00
|
$9.50
|
|
At 20 years of age
|
$405.90
|
$411.35
|
$10.83
|
(iii) Weekly
employees shall have all wages paid monthly by electronic funds transfer. During the life of the Award, the company
will have the ability to move weekly employees to fortnightly pay. The company will give three months notice of
it’s intention to implement the change to the employees affected and the Union
to which they belong; and the company will offer workplace seminars to inform
employees of the impact of these changes.
(iv) Casual
employees shall be paid on a weekly or fortnightly basis by electronic funds
transfer. During the life of the Award
the company will have the ability to move employees who are on weekly pay to
fortnightly pay. The company will give
three months notice of it’s intention to implement the change to the employees
affected and the Union to which they belong; and the company will offer
workplace seminars to inform employees of the impact of these changes.
(v) The rates of
pay in this award include the following increases:
$15.00 per week adjustment for adult employees and 3.1%
adjustment for junior employees effective 1 July 2000.
$10.00 per week adjustment for adult employees and 2%
adjustment for junior employees effective 1 July 2001.
In the event that a State Wage Decision be handed down in
2001, which awards a greater minimum rates adjustment than that provided in
this award, the rates of pay shall be adjusted to reflect that greater
increase.
9. Higher Grade Of
Work
(i) An employee
relieving another on a higher grade shall be paid the higher rate whilst so
relieving.
(ii) An employee
relieving another paid at a lower rate shall not, suffer any reduction in pay
whilst so relieving.
10. Shift Allowance
(i) Employees
required to cease work after midnight and before 7.00 a.m. shall receive $79.35
per week (or $15.87 per shift) in addition to their base rate of pay.
(ii) Employees
required to commence work prior to 7.00 a.m. shall receive $39.90 per week (or
$7.98 per shift) in addition to their base rate of pay.
(iii) Employees
required to cease work after 7.00 p.m. shall receive $67.35 per week (or $13.47
per shift) in addition to their base rate of pay. This subclause shall not apply to employees entitled to payments
pursuant to subclause (i), of this clause.
(iv) The extra
rates prescribed by this clause are not to be included as part of the ordinary
rate of pay for the purpose of overtime calculation.
(v) Where a casual
employee is entitled to shift allowances, the employee shall be paid the
applicable shift allowance found in (i), (ii) and (iii) of this clause. Shift allowances are paid in addition to the
payments detailed in clause 6(ii).
(vi) These
allowances will be increased by 2% as of 1 July 2001. Should the State Wage Case decision of 2001 provide for a greater
increase, then that greater increase will be applied.
11. Weekend Penalty
Rates
(i) All ordinary
time worked between midnight Friday and midnight Saturday shall be paid with an
additional 50 per cent of the base rate.
(ii) All ordinary
time worked between midnight on Saturday and midnight on Sunday shall be paid
with an additional 75 per cent of the shift rate.
(iii) Where a
rostered shift commences on a Sunday but the greater part of the shift is worked
on a Monday, the employee shall receive the additional 75 per cent for each
hour worked on a Sunday. For each hour
worked on the Monday a proportionate penalty as provided for in clause 10(i) of
this award will be paid.
(iv) Where a casual
employee is entitled to weekend penalty rates, the employee shall be paid the
applicable weekend penalty calculated on the base rate of pay. Weekend penalties are paid in addition to
the payments detailed in clause 6(ii).
12. Overtime
(i) All time
worked in excess of the ordinary hours of a shift or in excess of thirty eight
(38) hours per week shall be paid for at time and one-half for the first two
hours and double time thereafter of the base hourly rate of pay.
(ii) All overtime
worked on Saturday or Sunday shall be paid for at the rate of double time of
the base hourly rate of pay.
(iii) In
calculating overtime each day's work shall stand alone.
(iv) An employee
shall, when required, work such overtime as is necessary to meet the reasonable
needs of the Company.
(v) When overtime
work is necessary it shall wherever practicable, be so arranged that employees
have at least ten (10) hours off duty between the work of successive days.
Weekly employees, who as a result of working overtime are
due to recommence work without a break of ten hours off duty shall be entitled
to take such break before returning to work without loss of pay.
If on the instructions of the Company a weekly employee
resumes work without having a ten hour break off duty they shall be paid at
double time until released from duty for a break of 10 hours without loss of
pay for ordinary working time occurring during such absence.
13. Extra Rates Not
Cumulative
The weekend penalty rates and overtime rates prescribed in
this award shall not be cumulative so as to entitle an employee to be paid more
than double time.
14. Meal Allowance
An employee required to work one hour overtime or longer
shall be paid $9.50 meal money in addition to overtime pay, provided that where
overtime worked continues for more than 4 hours, an employee shall receive a
further meal allowance of $9.50.
15. Travelling
Expenses
(i) When
employees, in the course of their duty, are required to go to somewhere other
than their usual place of employment they shall be reimbursed for all
reasonable expenses incurred.
(ii) When
employees, in the course of their duty, are required other than in ordinary
working hours to go somewhere other than their usual place of employment, they
shall be paid at ordinary rates for half the time occupied in travelling
outside ordinary working hours which is in excess of the time normally occupied
by them in travelling from home to their usual place of employment in addition
to reimbursement for all reasonable expenses incurred.
(iii) Any employee
required to provide a motor car shall be paid the amounts set out below.
(a) For a vehicle
1500 cc and under $141.15 per week plus 19.00 cents per km, or
(b) For a vehicle
over 1500 cc $167.40 per week plus 20.70 cents per km.
(iv) Alternatively,
where employees are required to use their motorcar by the Company on a casual
or incidental basis, they shall be paid an amount of 51 cents per kilometre
travelled, during such use.
(v) If the Company
provides a vehicle he or she shall pay the whole of the cost of the upkeep,
registration, insurance, maintenance and running expenses.
16. Meal Break
All employees shall be entitled to not less than thirty
minutes nor more than one hour for a meal provided that no employee shall be
required to work more than five hours without a meal break.
17. Sick Leave
(i) Weekly
employees are entitled to paid sick leave of not less than five (5) days per
year for the first year of employment and eight (8) for the second year of
employment and thereafter.
(ii) An employee
shall, as soon as possible, inform the Company of the inability to attend work
and as far as practicable state the nature of the illness or injury and the
estimated duration of the same.
(iii) The Company’s
Sick Leave Policy will be applied in such a manner as to ensure that the
employee does not receive a benefit that is less than the conditions provided
in sub-clause (i) of this clause.
(iv) Weekly
employees may be required to undergo a medical examination:
(a) If the Company
is concerned with the frequency and/or duration of the absence because of
personal ill health;
(b) When the
employee returns to work following a protracted illness;
(c) To assess a
work-related injury; and
(d) To assess the
personal physical suitability for selected areas of work.
(v) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year provided that an employer shall not be
bound to credit an employee for sick leave which accrued more than twelve years
before the end of the last completed year of service.
18. Public Holidays
(i) (a) New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day and any other day gazetted as a public holiday
for the State shall be holidays for the purposes of this award.
(b) In addition to
the holidays referred to in subclause (a), non-exempt weekly employees shall be
entitled to an additional day as a holiday, or alternatively by agreement
between the employee and the company, receive an additional days pay. After the first year of employment, the
additional day shall accrue on the anniversary of each continuous year of
employment.
(c) The right to
the additional holiday prescribed in sub-clause (i)(b) of this clause will
lapse if it is not taken in the year of entitlement.
(d) Any
disagreement concerning the day on which an additional holiday is to be taken
by the employee may be referred to the Industrial Committee.
(ii) No deduction
shall be made from the wages of weekly employees for any of the holidays
referred to in subclause (i), of this clause.
(iii) For work
performed on any of the holidays referred to in subclause (i)(a), of this
clause, employees will be paid double time and one-half with a minimum payment
for four hours.
19. Termination Of
Employment
The employment of any employee may be terminated by one
week's notice on either side or by the payment or forfeiture, as the case may
be, of one week's wages in lieu of notice.
Such notice may be given on any day of the week to take effect one week
after the day on which it is given.
This shall not affect the right of the employer to dismiss any employee
without notice for serious and wilful misconduct, in all of which cases wages
shall be paid up to the time of dismissal only.
20. Annual Leave
(i) Full time
employees are entitled to 4 weeks’ annual leave per year in accordance with the
Annual Holidays Act 1944.
(ii) Part-time
employees are entitled to a pro rata annual leave in accordance with the Annual Holidays Act 1994.
(iii) In addition
to the leave provided for by subclause (i) of this clause, seven-day shift
workers, that is, shift workers who are rostered to work regularly on Sundays
and holidays, shall be allowed an additional one week's leave; provided that if
during the year of employment an employee has served for only a portion of it
as a seven-day shift worker the additional leave shall be one day for every
thirty-six ordinary shifts worked as a seven-day shift worker. In this subclause reference to one week and
one day shall include holidays and non-working days.
21. Annualisation Of
Annual Leave Loading
(i) The base
hourly rate of pay includes an amount of 1.346 per cent to incorporate the
annual leave loading. The effect of
this is set out in Clause 8 of this award.
(ii) Annualisation
will apply to leave accrued from 1 January 2001. The entitlement to loading on accrued Annual Leave as at 31
December 2000 will be paid out at the rate of 16.154% in the first full pay
period to occur on or after 1 February 2001.
(iii) Switch Room
Employees: This clause shall only apply
to switch room employees who elect in writing to the Company, to have their
annual leave Loading annualised. If an
employee does not make an election, then the employee will continue to be paid
the unloaded rate as set out in clause 8 and such employee will receive 17.5%
Annual Leave Loading in addition to their Annual Leave pay when they apply for
and are granted annual leave.
22. Long Service
Leave
See Long Service Leave
Act 1955.
23. Workers’
Compensation
See Workers'
Compensation Act 1987.
24. Right Of Entry
See sections 296 - 302 of the Industrial Relations Act 1996.
25. Redundancy
(i) In the event
of Company redundancies, the Company will nominate those positions, which are
to be made redundant. Where possible,
the Company will consider applications from individual employees. If there are insufficient voluntary
redundancies, the Company will affect compulsory redundancies.
(ii) The Company
will advise employees and their representatives as soon as is reasonably
practicable of the intention to make positions redundant in a particular work
area.
(iii) In the event
an employee is made redundant, the company shall pay the employee no less than
the minimum entitlements with respect to notice and severance pay as provided
for by the Clerks Redundancy (State) Award.
26. Parental Leave
(i) Parental
leave is maternity leave, paternity leave and adoption leave and is available
to weekly employees with at least 12 months continuous service with the
Company.
(ii) Weekly
employees are entitled to 52 weeks’ parental leave after 12 months of
continuous service, six (6) weeks of which are paid at the employee’s base rate
of pay.
(iii) Parental
leave does not break an employee’s continuity of service, but it is not to be
taken into account in calculating the employee’s period of service for any
purpose.
(iv) Female
employees shall take a minimum period of 6 weeks’ parental leave after the
birth of the child or children.
(v) Both partners
may not take parental leave concurrently.
The combined total of parental leave taken by both partners is 52 weeks.
27. Family Leave
(i) Weekly
employees may take reasonable paid leave to care for their spouse, defacto
spouse (including same sex partners), child, parent, grandparent, or relative
who is a member of the same household, when they are ill, or when normal care
arrangements have broken down and there is no practical arrangement other than
for the employee to provide care until alternative arrangements can be made.
(ii) The employee
and the Company will mutually determine the length of leave.
(iii) Employees
shall, wherever practicable, give the Company 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 the leave and the
estimated length of the absence.
(iv) The Company
reserves the right to decline the reasonable paid family leave prescribed in
subclause (i) of this clause and require the employee to take leave according
to the Personal/Carer’s Leave standards set out below. The type of leave taken shall be by the
consent of the Company:
A. Current or
accrued sick leave entitlement;
B. Unpaid leave;
C. Annual leave
not exceeding five days in single day periods in any calendar year. The employee and the Company may agree to
defer the payment of annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken;
D. Time off in
lieu of payment of overtime at the rate for ordinary time;
E. Make-up time,
where 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; and
F. Long service
leave.
28. Bereavement Leave
(i) Weekly
employees shall be entitled to a maximum of two (2) days’ paid bereavement
leave on the death in Australia of the employee’s (or the employee’s partner)
parent, brother, sister, child; step or foster parent, brother, sister, child;
grandparent, great-grandparent, grandchild.
(ii) Provided
further, an employee shall be entitled to a maximum of two (2) days’ paid
bereavement leave on the death outside Australia of the employee’s husband,
wife, father or mother and where the employee travels outside Australia to
attend the funeral.
(iii) The Company’s
Bereavement Leave Policy will be applied in such a manner as to ensure that the
employee does not receive a benefit that is less than the conditions provided
in sub-clause (i) and (ii) of this clause.
(iv) The Company
can approve bereavement leave when a person not included in sub-clause (i) of
this clause dies and the employee can demonstrate a significant close
relationship.
(v) Bereavement
leave is not available when the employee is on any other form of leave.
29. Leave Reserved
Leave is reserved for the Company to apply during the
currency of the award to vary the definitions in clause 7 Classification
Structure to include clerical duties not included in the definitions.
30. Exemption
(i) Except as to
the provisions of clauses 17 Sick Leave, 18 Public Holidays, 20 Annual Leave,
21 Annual Leave Loading, 22 Long Service Leave, 23 Workers Compensation, 25
Redundancy, 26 Parental Leave, 27 Family Leave, 28 Bereavement Leave, 31
Grievance procedure, 34 Superannuation, 35 Anti-Discrimination, and 36 Salary
Sacrifice of this award, this award shall not apply to clerical and
administrative employees receiving an annual salary (inclusive of overtime,
shift and weekend penalties) in excess of $41,540.00 per annum.
(ii) The Company
and the employee described in subclause (i) of this clause may agree to time
off in lieu of overtime where the employee regularly works well in excess of
the ordinary hours.
(iii) The amount
prescribed in sub-clause (i) of this clause shall be adjusted in accordance
with Clause 8 (iv) of this award.
31. Grievance
Procedure
In the event of a grievance the following procedures shall
be observed:
(i) The employee
shall first discuss the matter with the supervisor or manager.
(ii) If the matter
is not resolved the employee and the appropriate union delegate shall discuss
it with the Unit Manager.
(iii) If the
dispute is not settled promptly the above parties shall, confer as soon as
possible with the Human Resources Manager.
(iv) If the dispute
is not settled the above parties and union officials shall confer with the
Human Resources Manager.
(v) If the matter
is not settled, either party may refer it to the Industrial Commission.
(vi) At any stage
in the procedure, either party may ask for, and be entitled to receive a
response to their representations within a reasonable time. If there is undue delay on the part of the
other party in responding to representations, the party complaining of the
delay may, after giving notice of their intentions to do so, take the matter to
a next level in the procedure.
(vii) Full
co-operation will be provided and goodwill shall be maintained at all times.
(viii) While this
procedure is being followed normal work will continue
32. Area, Incidence
And Duration
(i) This award
rescinds and replaces the Clerical and Administrative Employees (John Fairfax
Publications) Award 1997 published 12 June 1998 (305 IG 229), and all
variations thereof.
(ii) This award
shall apply to all persons employed in any clerical capacity whatsoever by John
Fairfax Publications Pty Limited or within the jurisdiction of the Clerks
(Sydney Daily Newspapers) Industrial Committee and without limiting the
generality of the foregoing shall include telephonists, receptionists,
cashiers, copytakers, copy persons, editorial administration, persons employed
on machines designed to perform or assist in performing any clerical work
whatsoever and, subject to subclause (iii) of this clause, to employees to whom
the Sydney Morning Herald Classified Advertising Call Centre Award applies.
(iii) This award
shall only apply to employees to whom the Sydney Morning Herald Classified
Advertising Call Centre Award applies to the extent specified in that Award.
(iv) This award
shall take effect from the first full pay period to commence on or after 5
February 2001 and shall remain in force until 30 June 2002.
33. Union Recognition
And Membership
(i) John Fairfax
Publications acknowledge it is the right of every employee bound by this Award
to join the Union.
(ii) John Fairfax
Publications and the Union note that all terms and conditions of employment
contained in this Award have been negotiated on a collective basis for the
benefit of both John Fairfax Publications and the Union and its members.
(iii) For the
duration of this Award, the Union will be recognised by John Fairfax
Publications as being the Union that shall have exclusive representation of all
employees bound by this Award.
(iv) On engagement,
the employer informing them they are working in accordance with an Award, which
contains benefits, and wage rates that have been negotiated for them between
the Union and John Fairfax Publications will give all employees a notice.
34. Superannuation
Superannuation Legislation
(i) The subject
of superannuation is dealt with extensively by federal legislation including
the Superannuation Guarantee
(Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
(ii) Subject to
the requirements of this legislation, superannuation contributions may be made
to:
(1) CARE (Clerical
Administrative and Retail Employees Superannuating Plan); or
(2) Any
superannuation fund nominated by John Fairfax, provided that such fund complies
with the Occupational Superannuation Guidelines.
35.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing in the
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from the anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age.
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56 of the Anti-Discrimination Act
1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
36. Salary Sacrifice
(i) An employee’s
ordinary wage for the purposes of this clause will be defined as the employee’s
grade rate and where applicable, personal margin. An employee may apply to the Company to have their ordinary wage
reduced by an amount nominated by the employee as a Salary Sacrifice
Contribution for the benefit of the employee.
The amount paid to an employee following deduction of the
Salary Sacrifice Contribution is their Post Salary Sacrifice Wage.
Authorisation
(ii) For the
employee’s sacrifice application to be valid, the employee must complete the
application form provided by the Company.
The Company must approve the salary sacrifice application
form before the employee’s ordinary wage is adjusted for salary sacrifice
contributions. A processed application
will be referred to as a Salary Sacrifice Agreement.
Rate for Periods of Paid Leave
(iii) The employee
will receive their Post Salary Sacrifice Wage for periods of annual leave, long
service leave, and other periods of paid leave provided the Salary Sacrifice
Contribution is paid.
Calculation of Benefits on Termination
(iv) Payments on
termination will be calculated by reference to the employee’s ordinary wage.
No salary Sacrifice Contribution will be made in respect to
termination payments.
Variation to a Salary Sacrifice Agreement
(v) Unless
otherwise agreed by the Company, an employee may revoke or vary their Salary
Sacrifice Agreement once in each twelve-months in accordance with Company
policy.
Not less than one month’s written notice shall be given by
an employee of their revocation or variation of a Salary Sacrifice Agreement.
Change to Tax Law or Cost of Offering Salary Sacrifice
(vi) The
continuation of an employee’s Salary Sacrifice Agreement is subject to the
Company not incurring any consequential or additional costs in association with
its operation.
Should changes occur in tax law or practice such that the
Company incurs a cost or expense under or in respect of Salary Sacrifice
Agreements, such agreements cease to apply on the Company giving one month’s
notice, unless an employee elects to accept personal responsibility for the
additional cost.
Similarly, if tax or other changes occur which effect the
employee’s salary sacrifice, the employee may, upon one month’s notice in
writing, terminate or vary the Salary Sacrifice Agreement.
Outstanding Monies on Termination
(vii) (a) If there are any monies owed to the
Company in relation to the Salary Sacrifice Agreement, at the time of its
termination or variation, the Company has the right to deduct monies from the
employee’s future salary payments.
(b) If on
termination of employment, an amount is owing by an employee to the Company in
respect of a Salary Sacrifice Agreement, the Company may deduct (and the
employee authorises the Company to deduct) the amount owing from payments to be
made to the employee on termination.
The Company will provide an employee with a written
statement setting out any deductions made either under subclause (vii), (a) and
(b).
Salary Sacrifice Superannuation and SGC
(viii) The Company
shall not use any Salary Sacrifice Agreement contribution to meet it
obligations under the Superannuation
Guarantee Administration Act 1992 (Cth) or any legislation which succeeds
or replaces it.
37. First Aid
Allowance
An employee who is appointed as a first aid officer by the
Company to perform first aid duty and has been trained to render to first aid
or is the current holder of appropriate first aid qualifications, such as a
certificate from the St John’s Ambulance or similar body, shall be paid an
allowance of $7.60 per week.
J. P. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.