TYCO WATER PTY LTD YENNORA GENERAL AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1336 of 2001)
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Before the Honourable
Mr Deputy President Harrison
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4 and 5 July 2001
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REVIEWED AWARD
PART A-GENERAL CONDITIONS
DIVISION 1-APPLICATION AND OPERATION OF AWARD
1. Award Title
This award is entitled Tyco Water Pty Ltd Yennora General
Award 2001.
2. Arrangement
PART A-GENERAL CONDITIONS
Division 1-Application And
Operation Of Award
1. Award
Title
2. Arrangement
3. Area,
Incidence And Duration
4. Definitions
Division 2-Rates Of Pay And
Related Matters
5. Rates
Of Pay
6. Leading
Hands
7. Special
Rates
8. Maximum
Payment
9. Time
And Payment Of Wages
Division 3-Hours Of Work
10. Hours Of Duty
11. Employees Presenting Themselves For Work
And Not Required
Division 4-Shift Work And Overtime
12. Shift Work Allowances For Shift Workers
13. Saturday Rates For Shift Workers
14. Shift Workers Whose Working Period Includes
Sundays And Public Holidays
As Ordinary Working Days
15. Sunday And Public Holiday Rates
16. Night Work For Day Workers And Day Shift
Workers
17. Transfer Of Day Workers From Day Work To
Shift Work
18. Transfer Of Shift Workers
19. Overtime
Division 5-Types Of Leave And
Public Holidays
20. Public Holidays
21. Sick Leave
22. Personal/Carer’s Leave
23. Annual Leave
24. Days Added To The Period Of Annual Leave
Or Long Service Leave
25. Long Service Leave
26. Jury Service
27. Compassionate Leave
28. Parental Leave
Division 6-Employment Relationship
29. Contract Of Employment
30. Requirements To Work In Accordance With
The Needs Of The Industry
31. Termination Of Employment Due To
Retrenchment Or Redundancy
32. Anti-Discrimination
33. Procedure For Resolving Claims, Issues And
Disputes
Division 7-Miscellaneous
34. Delegates
35. Protective Equipment And Clothing
PART B-MONETARY RATES
Table 1-Rates Of Pay
Table 2-Other Rates And
Allowances
3. Area, Incidence
and Duration
3.1 Awards
Rescinded and Replaced - This award rescinds and replaces the Tubemakers of
Australia Limited, Yennora - General Award published on 26 June 1985 (237 I.G.
1423) and all variations of that award.
3.2 Application -
This award applies to all employees of Tyco Water Pty Ltd at Yennora employed
in classifications contained in this Award.
3.3 Effective Date
- This award takes effect on and from the first pay period beginning on or
after 4 July 2001 and remains in force for a period of 3 years (the nominal
term).
4. Definitions
In this award the following definitions apply:
4.1 "Day
Workers" are employees other than Shift Workers, and include employees on
night work within clause 16, Night Work for Day Workers and Day Shift Workers,
of this award.
4.2 "Day
Work" for Day Workers means any work commencing after 6.00 am and
finishing at or before 6.00 pm.
4.3 "Shift
Workers" are employees working on a one, two or three-shift system. For Shift Workers, each day, including
Sunday and Public Holidays will be deemed to commence at 11.00pm of the
preceding day and terminate at 11.00pm.
4.4 "Monday
to Saturday Shift Workers" means Shift Workers whose ordinary working
hours are between Monday to Saturday.
4.5 "Day
Shift" or "day shift" for Shift Workers means any shift
commencing at or after 6.00 am and finishing at or before 6.00 pm.
4.6 "Afternoon
Shift" or "afternoon shift" for Shift Workers means any shift
commencing at or after 12.00 pm and finishing at or before 12.00 am.
4.7 "Night
Shift" or "night shift" for Shift Workers means any shift
commencing at or after 10.00 pm and finishing at or before 8.00 am.
4.8 "Annual
Leave Rate of Pay" means:
4.8.1 In the case of:
(a) annual leave
under clause 23, Annual Leave, of this award and days added to the period of
annual leave under clause 24, Days Added to the Period of Annual Leave or Long
Service Leave, of this award taken by an employee immediately before or after
leave under the Annual Holidays Act 1944
(NSW); or
(b) payment in
respect of annual leave or days added to the period of annual leave being made
to employees under clauses 23 and 24 of this award upon the termination of the
employment of an employee at the same time as payment is being made under the Annual Holidays Act 1944 (NSW), in
respect of such termination, the ordinary pay of the employee is calculated in
accordance with the Annual Holidays Act
1944 (NSW), for the leave taken or payments made under that Act.
4.8.2 In the case of
annual leave under clause 23 of this award and days added to the period of
annual leave under clause 24 of this award being taken otherwise than
immediately before or after leave under the Annual
Holidays Act 1944 (NSW), the ordinary pay of the employee is calculated in
accordance with the Annual Holidays Act
1944 (NSW), as if such leave had been taken under the Act.
4.9 "Company"
means Tyco Water Pty Ltd.
4.10 "Electrical
Tradesman" means an employee who:
(a) has served an
electrical apprenticeship or recognised equivalent; and
(b) has
successfully completed a recognised electrical trades course or recognised
equivalent; and
(c) has obtained
an 'A' grade electrical mechanic's licence.
Provided that the Company may, in its discretion, classify
as Electrical Tradesmen:
(a) Employees
classified as either electrical mechanics or electrical fitters as at 18 May
1987 who have not obtained an 'A' grade electrical mechanic's licence. Such
employees will be employed in the classification of Electrical Tradesman or
Electrical Tradesman Grade 2 provided they can obtain a 'B' grade electrical
mechanic's licence and have the other requirements for the classification;
(b) employees who
are required to perform shop work, such as armature winding, which does not
require either an 'A' grade or 'B' grade electrical mechanic's licence.
4.11 "Electrical
Tradesman Grade 1" means an employee who:
(a) has served an
electrical apprenticeship or recognised equivalent; and
(b) has
successfully completed a recognised electrical trades course or recognised
equivalent; and
(c) has obtained
an 'A' grade electrical mechanic's licence; and
(d) has
successfully completed an "in-house" training course of 100 or more
hours' duration which has been conducted as a result of the introduction of
major technical advancements associated with major capital investment.
Provided that an "in-house" training course
within the meaning of this definition is one which seeks to advance employees
beyond the skills learnt during an electrical trades course to qualify for
reclassification to this grade; further, a course which is aimed primarily at
assisting employees to relearn skills learnt during an electrical trades course
is not an "in-house" training course within the meaning of this
definition.
Employees classified in this grade will perform, as
required, the full range of work up to and including their level of training.
4.12 "Electrical
Tradesman Grade 2" means an Electrical Tradesman (as defined) who:
(a) has successfully
completed a post trade or a special course, offered by the Department of
Technical and Further Education, approved by the Company; or
(b) has
successfully completed one year of a two-year post trades course approved by
the Company; or
(c) has
successfully completed one year of an Engineering Certificate Course, or an
Associate Diploma Course, approved by the Company; or
(d) has
successfully completed one year of a part-time university degree course
approved by the Company.
Employees classified in this grade will perform, as
required, the full range of work up to and including their level of training.
Appointment to this grade will be within the discretion
of the Company having regard to its manning requirements.
4.13 "Electrical
Tradesman Grade 3" means an employee who:
(a) has served an
electrical apprenticeship or recognised equivalent; and
(b) has
successfully completed a recognised electrical trades course or recognised
equivalent; and
(c) has obtained
an 'A' grade electrical mechanic's licence; and
(d) has
successfully completed a two-year post trades course, approved by the Company,
and has worked as an Electrical Tradesman Grade 2 for one year; or
(e) has
successfully completed two years of an Engineering Certificate Course, or an
Associate Diploma Course, approved by the Company and has worked as an
Electrical Tradesman Grade 2 for one year; or
(f) has
successfully completed two years of a part-time university degree course
approved by the Company.
Employees classified in this grade will perform, as
required, the full range of work up to and including their level of training.
Appointment to this grade will be within the discretion
of the Company having regard to its manning requirements and the Company's
assessment of the employee's suitability for appointment to this grade.
4.14 "Electrical
Tradesman Grade 4" means an Electrical Tradesman Grade 3 (as defined) who
has worked for one year as such and who:
(a) has
successfully completed an Engineering Certificate Course or an Associate
Diploma Course approved by the Company; or
(b) has
successfully completed four years of a part-time university degree course
approved by the Company.
Employees classified in this grade will perform, as required,
the full range of work up to and including their level of training, and with
minimum supervision and technical guidance.
Appointment to this grade will be within the discretion
of the Company having regard to its manning requirements and the Company's
assessment of the employee's suitability for appointment to this grade.
Division 2-Rates of Pay and Related Matters
5. Rates of Pay
5.1 Rates of Pay -
The minimum rates of pay for any classification, subject to the other
provisions of this award, are set out in Table 1 of Part B - Monetary Rates of
this award. These rates are inclusive
of the adult basic wage of $121.40.
5.2 Ordinary Rate
- In addition to the award rate of pay prescribed for the purpose of sub-clause
5.1, an employee will be paid the applicable overaward for the employee's
classification to make up the employee's ordinary or weekly rate of pay.
6. Leading Hands
An employee who is appointed by the Company as a leading
hand will be paid an additional amount as set out in Item 1 of Table 2 - Other
Rates and Allowances, of Part B - Monetary Rates.
7. Special Rates
In addition to the rates of pay prescribed for the purposes
of clause 5, Rates of Pay, the following special rates will apply:
7.1 Electrical
Mechanic's Licence - An additional amount as set out in Item 2 of Table 2 -
Other Rates and Allowances, of Part B - Monetary Rates, will be paid per
38-hour week to an employee employed and working as an electrical tradesperson
and possessing the New South Wales "A" Grade Electrical Mechanic's
Licence issued by the appropriate authority.
This amount will be paid for all purposes of the award.
7.2 Large
("Hot") Conditions Allowance -
7.2.1 An additional
amount as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B
- Monetary Rates, will be paid per 38-hour week to Pipemaking employees and any
other employee whose normal roster requires him or her to work on such jobs for
more than 2 hours in the shift.
7.2.2 This allowance will
only be paid when molten metal is being produced, treated and cast into
pipes.
7.2.3 An employee
required to work in a job attracting this allowance for more than 2 hours in a
shift will be entitled to payment of the allowance for the whole shift.
7.2.4 This allowance
is on a shift basis, the rate being determined by dividing the shift allowance
set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates by five.
7.3 Tool Allowance
- The rates of pay for Electrical Tradespersons set out in Table 1 - Rates of
Pay of Part B - Monetary Rates are inclusive of tool allowances for such
tradespersons.
8. Maximum Payment
8.1 Shift
allowance and special rates are not subject to any premium or penalty
additions.
8.2 All rates prescribed
by this award must not exceed double the rate prescribed by clause 5, Rates of
Pay or clause 6, Leading Hands, of this award.
This sub-clause does not apply to any excess due to payments arising
from clause 12, Shift Work Allowances for Shift Workers, or clause 15, Sunday
and Public Holiday Rates (in respect of work done on Public Holidays) of this
award.
9. Time and Payment
of Wages
All wages will be paid weekly by electronic funds transfer
directly into an account nominated by the employee with a bank, building
society, credit union or other financial institution recognised by the Company.
Division 3 - Hours of Work
10. Hours of Duty
10.1 All Employees -
Ordinary working hours will be an average of 38 hours per week over the full
cycle of the relevant work roster.
Ordinary working hours will not exceed 152 hours in 28 consecutive days,
except in the case of rostering arrangements, which provide for the weekly
average of 38 ordinary hours to be achieved over a period, which exceeds 28 consecutive
days.
10.2 Day Workers
10.2.1 Ordinary working
hours will be worked Monday to Friday, inclusive, between the hours of 6.00 am
and 6.00 pm.
10.2.2 Any work
performed outside the spread of hours specified in paragraph 10.2.1 will be paid
in accordance with the overtime rates set out in sub-clause 19.1 of this
award. However, any work performed by
an employee prior to the spread of hours which is continuous with ordinary
hours for the purpose, for example, of getting the plant in a state of
readiness for production work is to be regarded as part of the ordinary working
hours.
10.2.2 On each day
worked, Monday to Friday, inclusive, 30 minutes will be allowed to Day Workers
for a meal and, except in the case of urgent breakdown work necessary to secure
an immediate resumption of operations, will be allowed between the hours of
11.00 am and 12.30 pm.
10.3 Shift Workers -
Twenty minutes will be allowed to Shift Workers each shift for crib which will
be counted as time worked.
10.4 Daylight Saving
- Where by reason of State legislation, summer time is prescribed as being in
advance of the standard time in that State, the length of any shift:
10.4.1 commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period; and
10.4.2 commencing on or
before the time prescribed by such legislation for the termination of a summer
time period, will be deemed to be the number of hours represented by the
difference between the time recorded by the clock at the beginning of the shift
and the time so recorded at the end of the shift. The time of the clock in each
case is to be set to the time fixed by the relevant State legislation.
In this subclause the expressions "standard
time" and "summer time" will have the same meaning as are
prescribed by the relevant State legislation.
11. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of clause 29, Contract of
Employment, of this award, an employee who presents themself for ordinary work
without notice that he or she will not be required will be paid at least four
hours' pay.
Division 4-Shift Work and Overtime
12. Shift Work
Allowances for Shift Workers
12.1 Subject to the
provisions contained in this award which provide otherwise, Shift Workers will
be paid, in addition to the rates payable under this award, the following shift
work allowances:
12.1.1 Shift Workers
whilst working rotating shifts (day shift, night shift, afternoon shift), with
regular weekly changes - at the applicable rate per 38 hour week as set out in
Item 4 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates of
this award in respect of all shifts worked.
Exceptions to this are that:
(a) each such rotating
Shift Worker, when engaged under a roster system which does not provide for at
least one-third of his or her working time in the full cycle of the roster
being on day shift, will be paid an additional shift allowance at the rate per
38 hour week as set out in Item 5 of Table 2 - Other Rates and Allowances, of
Part B - Monetary Rates in respect of each of any number of afternoon and/or
night shifts more than two-thirds of his or her working time in the roster
worked by the employee;
(b) working time on
day shift will, if necessary, include shifts rostered off on day shift not
exceeding an average over the full cycle of the roster of one per 38-hour week.
12.1.2 Adult Shift
Workers whilst working shift work, which involves regular weekly changes as follows:
(a) day
shift, night shift;
(b) day
shift, afternoon shift;
(c) day
shift, day shift, afternoon shift;
(d) day
shift, day shift, night shift;
will be paid the applicable amount per 38-hour week as
set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates of this award.
12.1.3 Junior Shift
Workers when working under any of the shift systems set out in paragraph 12.1.2
of this sub-clause will be paid at the rate per 38 hour week as set out in Item
7 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates of this
award.
12.1.4 Adult Shift
Workers whilst working shift work on shift systems as follows:
(a) night shift,
afternoon shift;
(b) night shift
only;
(c) afternoon
shift only;
will be paid the applicable amount per 38-hour week as
set out in Item 8 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates of this award.
12.1.5 Shift Workers
who work any afternoon or night shift other than under the shift systems set out
in paragraphs 12.1.1, 12.1.2 and 12.1.4 of this sub-clause, and are not paid in
respect of any day shift worked, will be paid at the applicable amount per
shift for each afternoon or night shift worked as set out in Item 9 of Table 2
- Other Rates and Allowances, of Part B - Monetary Rates of this award.
12.1.6 Each shift
allowance prescribed above is on a shift basis the rate being determined in
each case by dividing the shift allowance prescribed by five.
13. Saturday Rates
for Shift Workers
Shift Workers who have an ordinary shift rostered on a
Saturday, will be paid at the rate of time and one-half.
14. Shift Workers
Whose Ordinary Working Period Includes Sundays and Public Holidays as Ordinary
Working Days
Employees may be required to work seven-day shift work to
meet the needs of the business. These
employees will be required to work Sundays and Public Holidays as ordinary
working days.
15. Sunday and Public
Holiday Rates
An employee will be paid at the rate of double time for all
work done on Sundays and at the rate of double time and one half for all work
done on the public holidays prescribed in clause 20, Public Holidays, of this
award.
16. Night Work for
Day Workers and Day Shift Workers
16.1 Subject to
clause 8, Maximum Payment, of this award, but otherwise notwithstanding
anything contained in this award:
16.1.1 a Day Worker who
is required in lieu of ordinary day work; or
16.1.2 a Day Shift
Worker who is required in lieu of a day shift on which he or she would
ordinarily be rostered, to work at night for periods of not less than 8 hours
on less than five consecutive nights, or on less than four consecutive nights
when the fifth night is his or her 38-hour week rostered off night, will be
paid at the rate of time and one half of the ordinary rate of pay under clause
5.1, Rates of Pay, of this award, or the corresponding clause of a federal
award, except:
16.1.3 on Saturdays,
Sundays, 38-hour week rostered off days and holidays; and
16.1.4 in
respect of any night for which the employee has not been given at least 48
hours' notice,
when the employee will be paid at overtime rates for
Day Workers. No shift allowance is
payable in respect of night work under this clause.
16.2 In this clause
"night" means any hours between 4.00 pm and 8.00 am, and
"Day Shift Worker" means a Shift Worker employed on a shift system
involving day shift only.
17. Transfer of Day
Workers from Day Work to Shift Work
17.1 Day Workers may
be employed as and become Shift Workers and will be paid accordingly. The period of transfer will not be less
than:
17.1.1 five shifts; or
17.1.2 four shifts when
the fifth shift is his or her 38-hour week rostered off shift.
17.2 Day Workers
should be given at least 48 hours' notice by the Company of the transfer to
shift work. If this notice is not given
by the Company the employee will be paid at overtime rates for any shift upon
which he or she is employed as a Shift Worker under this clause.
18. Transfer of Shift
Workers
18.1 A Shift Worker
who is required to work on a shift other than the shift on which he or she
would not ordinarily be rostered will be paid at overtime rates for any such
shift. This provision does not apply
if:
18.1.1 the Shift Worker
has been given at least 48 hours' notice of the requirement to transfer; or
18.1.2 the Shift Worker
is reverting to the shift on which he or she would ordinarily have been
rostered.
19. Overtime
19.1 Day Workers-
Day Workers for all time worked:
19.1.1 in excess of, or
outside the ordinary working hours and time prescribed by this award; or
19.1.2 in excess of
five hours without a meal break (except in the case of urgent breakdown work
necessary to secure an immediate resumption of operations),
will be paid at a rate of time and one half for the
first two hours and at the rate of double time after that.
19.2 Shift
Workers-
Shift Workers for all time worked:
19.2.1 in excess
of the ordinary working shift hours prescribed by this award; or
19.2.2 on more
than 11 shifts in 12 consecutive days; or
19.2.3 on a
rostered shift off; or
19.2.4 in excess of
five and one-half hours without a crib break, will be paid at the rate of time
and one half for the first two hours and at the rate of double time after that.
This sub-clause will not apply when the time is worked:
19.2.5 by
arrangement between the employees themselves; or
19.2.6 for the
purpose of effecting the customary rotation of shifts.
19.3 General-
19.3.1 Minimum Eight hour rest-
(a) Where overtime
work is necessary it should, where reasonably practicable, be arranged so that
employees have at least eight consecutive hours off duty between the work of
successive days.
(b) An employee who
works so much overtime between the end of his or her ordinary work on one day
and the commencement of his or her ordinary work on the next day that he or she
has not had at least 8 consecutive hours off duty between those times will,
subject to this sub-clause, be released after the completion of working
overtime until he or she has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
(c) If on the
instruction of the Company such an employee resumes or continues working
without having had eight consecutive hours off duty, he or she will be paid at
double rate until he or she is released from duty for such period and he or she
will then be entitled to be absent until he or she has had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such period.
(d) If, immediately
after taking an eight hour rest period, an employee is required to report for
work outside his or her ordinary day or shift commencing time and reasonable
means of transport are not available, the Company should convey or supply the
employee with transport to work.
19.3.2 Minimum Payment-
(a) a Day Worker,
required to work on a Saturday, Sunday, a 38-hour week rostered day off or a
Public Holiday; or
(b) a Monday to
Saturday Shift Worker required to work on a Sunday, a 38-hour week rostered day
off or a Public Holiday,
will be paid for a minimum of four hours' work. Provided that where the actual working time
is less than four hours, the working period will not be regarded as overtime
for the purposes of sub-clause 19.3.1.
19.3.3 Payment for Call-out - An employee
recalled from his or her home to work overtime will be paid for a minimum of
four hours' work. If the actual time
worked is shorter than four hours the working period will not be regarded as
overtime for the purpose of paragraph 19.3.1 - Minimum Eight Hour Rest.
For the purpose of this clause, a recall from home to
work overtime takes place when the employee is notified at home of the
requirement to return to work.
An employee recalled from his or her home without
notice to work overtime will, at the employee's option, be provided with a
suitable meal free of cost for each normal meal break falling during the
overtime for which he or she was called out, or be paid a meal allowance as set
out in Item 10 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates of this award.
19.3.4 Meal - An employee required to continue
at work on overtime for more than one and a half½ hours after his or her
ordinary ceasing time, who was not notified before leaving work on the previous
day or shift that he or she would be required to work overtime, may choose to
receive either:
(a) a suitable
meal, free of cost, and another meal for each subsequent meal break into which
the work extends; or
(b) be paid a meal
allowance as set out in Item 10 of Table 2 - Other Rates and Allowances, of
Part B - Monetary Rates of this award.
19.3.5 Spoilt Meal - If an employee reports to
work on notified overtime to find that he or she is not required to work, or is
required to work less than one and a half½ hours, and he or she has brought a
meal to work, he or she is entitled to be paid a meal allowance as set out in
Item 10 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates of
this award as compensation.
19.3.6 Transport Home - Where an employee
working overtime finishes work at a time when reasonable means of transport is
not available to them, the Company will:
(a) within a
reasonable time transport the employee or supply the employee with transport
to:
(i) a reasonable
distance from his or her home; or
(ii) a place to
which the employee usually travels by public transport when returning home from
work; or
(iii) a place from
which he or she can, within a reasonable time, obtain public transport to a
reasonable distance from his or her home or the place to which he or she
usually travels by public transport when returning home from work; or
(b) pay the
employee his or her current rate of pay for the time reasonably occupied in
reaching his or her home.
Division 5-Types of Leave and Public Holidays
20. Public Holidays
20.1 The days on
which New Year's Day, Australia Day, Good Friday, the Saturday following Good
Friday, Easter Monday, Anzac Day, the local Eight Hour Day, Queen's Birthday,
Christmas Day, Boxing Day and the additional public holidays for employees of
the Company under the Federal Metal, Engineering and Associated Industries
Award 1998 at its Yennora Works, if any, are observed and special days
appointed by proclamation as public holidays throughout the State, are to be
public holidays.
Day Workers and Monday to Saturday Shift Workers not
required to work on a public holiday will be paid for the public holiday at the
ordinary rates of pay under clause 5.1, Rates of Pay, of this award or the
corresponding clause of a federal award, and the applicable overaward payment.
20.2 This
provision for payment does not apply to:
20.2.1 an employee
whose rostered shift falls on a public holiday (subject to the provisions of
sub-clause 24.2 of clause 24, Days Added to the Period of Annual Leave or Long
Service Leave, of this award);
20.2.2 an employee who
is absent without leave, or reasonable excuse, on the working day before or
after a public holiday.
20.3 The overaward
payment referred to in subclause 20.1 of this clause will be payable to an
employee to whom an overaward payment is payable under an overaward setting and
will be either the average overaward payable to employees of the same
classification under that overaward setting for each ordinary shift or ordinary
day worked by those employees during the overaward period in which the holiday
falls or the average overaward payable to the employee for each ordinary shift
or ordinary day worked by him or her during the overaward period in which the
holiday falls.
21. Sick Leave
21.1 Illness or
Incapacity - An employee who is unable to attend for duty during his or her
ordinary working hours due to personal illness or incapacity, and not due to
his or her own serious and wilful misconduct, is entitled to be paid at
ordinary time rates of pay and applicable overaward payment for the time of his
or her absence, subject to the following:
21.1.1 Worker’s
Compensation - An employee is not entitled to be paid for an absence of any
period for which he or she is entitled to workers' compensation.
21.1.2 Absence
Notification- An employee must inform the Company of his or her inability to
attend work within 24 hours of the commencement of his or her absence. An employee should state the nature of the
illness or incapacity and the estimated duration of his or her absence.
21.1.3 Proof of Absence
- An employee must prove to the satisfaction of the Company or, in the event of
a dispute, the Industrial Relations Commission of New South Wales, that he or
she is or was unable to attend for duty, on account of his or her illness or
incapacity, on the day or days for which payment under this clause is claimed.
21.2 Entitlements
-
21.2.1 Calculation of
Entitlements - In any year of continued employment, an employee is entitled to
sick pay for the number of ordinary working hours based on the years of his or
her continued employment as follows:
(a) an employee
with less than 1 year's continued employment is entitled to 40 ordinary hours;
(b) an employee
with one or more years' continued employment but less then 10 years' continued
employment is entitled to 64 ordinary hours;
(c) an employee
with ten or more years' continued employment is entitled to 80 ordinary hours;
and
(d) claimed leave
will be deducted from the employee's accrued leave.
21.2.2 Accumulation of
Entitlements - Unused sick leave will accumulate each year of continuous
employment with the Company, whether under this or any other award. Accumulated sick leave may be used in
subsequent years of continued employment subject to the conditions prescribed
by this clause. The maximum period of
accumulation is 16 years, from the end of the year in which the sick leave
accrued.
21.2.3 Three Months
Minimum Service - There is no entitlement to sick leave until an employee has
completed 3 months' continuous service.
21.2.4 Continuous Service
-For the purpose of this clause, continuous service is considered as not being
broken by:
(a) any absence
from work on leave granted by the Company; or
(b) any absence
from work due to personal illness, injury or other reasonable cause of which the
employee has provided sufficient proof.
These absences will not be taken into account in
computing the qualifying period of 3 months.
22. Personal/Carer's
Leave
22.1 Use of Sick Leave -
22.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 22.1.3(b), who needs the employee's care and
support, is entitled to use, in accordance with this sub-clause, any current or
accrued sick leave entitlement, provided for in clause 21, Sick Leave, of this
award 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.
22.1.2 The employee
will, 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 sub-clause where another person has taken leave to care for the same
person.
22.1.3 The entitlement
to use sick leave in accordance with this sub-clause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a defacto
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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purpose of this
subparagraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
22.1.4 An employee
will, 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 such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee will notify the Company by telephone of such absence at the first
opportunity on the day of absence.
22.2 Unpaid Leave for Family Purpose -
22.2.1 An employee may
elect, with the consent of the Company, to take unpaid leave for the purpose of
providing care and support to a member of a class of person set out in
22.1.3(b) who is ill.
22.3 Annual Leave -
22.3.1 An employee may
elect with the consent of the Company, subject to the Annual Holidays Act 1944 (NSW), 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.
22.3.2 Access to annual
leave, as prescribed in 22.3.1, will be exclusive of any shutdown period
provided for elsewhere under this award.
22.3.3 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.
22.4 Time Off in Lieu of Payment for Overtime -
22.4.1 An employee may
elect, with the consent of the Company, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within 12 months of the
election.
22.4.2 Overtime taken
as time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
22.4.3 If, having elected
to take time as leave in accordance with 22.4.1, the leave is not taken for
whatever reason payment for time accrued at overtime rates will be made at the
expiry of the 12 month period or on termination of employment.
22.4.4 Where no
election is made in accordance with 22.4.1, the employee will be paid overtime
rates in accordance with the award.
22.5 Make-up Time -
22.5.1 An employee may
elect, with the consent of the Company, to work "make-up time", under
which the employee takes time off during 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.
22.5.2 An employee on
shift work may elect, with the consent of the Company, to work "make-up
time" (under which the employee takes time off during 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.
22.6 Rostered Days Off -
22.6.1 An employee may
elect, with the consent of the Company, to take a rostered day off at any time.
22.6.2 An employee may
elect, with the consent of the Company, to take rostered days off in part day
amounts.
22.6.3 An employee may
elect, with the consent of the Company, to accrue some or all rostered days off
for the purpose of creating a bank to be drawn upon, at a time mutually agreed
between the Company and employee, or subject to reasonable notice by the
employee or the Company.
22.6.4 This sub-clause
is subject to the Company informing each union which is both party to the award
and which has members employed at the Yennora Works of its intention to
introduce an enterprise system of rostered day off flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
23. Annual Leave
23.1 Day Workers and
Monday to Saturday Shift Workers - For annual leave provisions see Annual Holidays Act 1944 (NSW).
23.2 Shift Workers
under clause 17 Whose Working Period Includes Sundays and Public Holidays as
Ordinary Working Days -
23.2.1 In addition to
the annual holiday of 4 weeks provided by section 3 of the Annual Holidays Act 1944 (NSW) for a year of employment, seven-day
Shift Workers under clause 17 of this award are entitled to the additional
leave specified below:
(a) if an employee
has worked as a seven-day Shift Worker for the full year he or she is entitled
to one week's additional leave;
(b) subject to
subparagraph 23.2.1(d), if an employee has worked as a seven-day Shift Worker
for only a portion of the year, he or she is entitled to 1 additional day of
leave for every 33 ordinary shifts worked as a seven-day Shift Worker;
(c) subject to
subparagraph 23.2.1(d) an employee will be paid for additional leave at the
Annual Leave Rate of Pay, for the number of ordinary hours of work for which
the employee would have been rostered for duty during the period of additional
leave;
(d) where the
additional leave calculated under this sub-clause is or includes a fraction of
a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only;
(e) in this
clause, reference to one week and one day includes holidays and non-working
days.
23.2.2 Where an
employee's employment is terminated and he or she is therefore entitled under
Section 4 of the Annual Holidays Act
1944 (NSW), to payment in lieu of annual leave with respect to a period of
employment, he or she is also entitled to an additional payment of 3 hours at
the Annual Leave Rate of Pay for each 21 shifts of service as a seven-day Shift
Worker which he or she worked during his or her period of employment.
23.3 Monday To
Saturday Shift Workers Who Are Regularly Rostered For Duty On Saturdays As
Ordinary Working Days -
23.3.1 In addition to
the annual holiday of 4 weeks provided by Section 3 of the Annual Holidays Act 1944 (NSW) for a year of employment, Monday to
Saturday Shift Workers who are regularly rostered for duty on Saturdays as
ordinary working days are entitled to the additional leave specified below:
(a) for every 13
Saturdays upon which an employee worked an ordinary shift as a Monday to
Saturday Shift Worker who is rostered for duty on Saturdays as ordinary working
days, is entitled to 1 day additional leave for that year;
(b) where the
additional leave calculated under this sub-clause is or includes a fraction of
a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment
only;
(c) the additional
entitlements under this sub-clause will apply only to leave which becomes fully
due on or after 23 September 1980.
23.4 Annual Close
Down
23.4.1 Where the
company closes down the plant or a section or sections thereof for the purposes
of allowing annual leave to all or the bulk of the employees in the plant or
section or sections concerned the following will apply:
(a) The company
may, by giving not less than one month's notice of the intention so to do,
stand off, for the duration of the close down, all employees in the plant or section
or sections concerned and may allow to those who are not then qualified by
twelve months' service for a full period of annual leave, paid leave on
proportionate basis for each completed month of continuous service.
(b) An employee who
then has qualified for a full period of leave and also has completed a further
month or more of continuous service will be allowed his leave and also will be
paid a proportionate amount in respect of each completed month of continuous
service performed since the close of his last twelve monthly qualifying period.
(c) The next
twelve-monthly qualifying period for each employee affected by such close down
will commence from the day on which the plant or section or sections concerned
is re-opened for work. Provided that
all time, during which an employee is stood-off without pay for the purposes of
this subclause, will be deemed to be time of service in the next twelve-monthly
qualifying period.
(d) If in the first
year of his service with the company an employee is allowed proportionate
annual leave under paragraph (a), of this clause, and subsequently, within such
year, lawfully leaves his employment or his employment is terminated by the
company through no fault of the employee he will be entitled to the benefits of
the Annual Holidays Act 1944 (NSW),
subject to adjustments for any proportionate leave which he may have been
allowed as aforesaid.
(e) Notwithstanding
the provisions of sub-paragraph 23.4.1(d), in the case of such close down the
additional leave prescribed by paragraph 23.2.1, and the additional leave
prescribed by sub-clauses 23.1 and 23.2, may be allocated to employees by the
company at times not necessarily following the period provided by section 3 of
the Annual Holidays Act 1944 (NSW).
23.5 All employees
- Annual Leave Loading -
23.5.1 An employee will
be paid a loading of 20%, for the period of his or her annual leave calculated
on the lesser of:
(a) his or her
ordinary pay pursuant to the Annual
Holidays Act 1944 (NSW), and where applicable, his or her Annual Leave Rate
of Pay pursuant to this clause and clause 24, Days Added to the Period of
Annual Leave or Long Service Leave, of this award; or
(b) the sum of:
(i) the
employee’s award rate of pay for ordinary time at the commencement of his or
her annual leave as prescribed for the purpose of clause 5, Rates of Pay, of
this award; and
(ii) the
employee’s applicable bonus payable at the commencement of his or her annual
leave; and
(c) provided that
an employee who would have worked on shift work had he/she not been on annual
leave will be paid whichever is the greater of:
(i) the loading;
or
(ii) the shift
work allowances specified in clause 12, Shift Work Allowances for Shift
Workers, and the weekend penalty rates specified in clause 13, Saturday Rates
for Shift Workers, and (in respect of Sundays only) clause 15, Sunday and
Public Holiday Rates, of this award that would have been payable to the
employee in respect of ordinary time during his or her period of annual leave
had he or she not been on annual leave.
23.5.2 The loading
prescribed by this sub-clause will apply to payment in lieu of a fully due
annual holiday on termination of employment, but will not apply to
proportionate annual holiday payment on termination of employment.
24. Days Added to the
Period of Annual Leave Or Long Service Leave
24.1 Seven-day Shift Workers - A seven-day
Shift Worker under clause 14 of this award whose working period includes
Sundays and Holidays as ordinary working days is entitled to 1 added day of
annual leave or long service leave, if a public holiday prescribed in clause
20, Public Holidays, falls within the period of leave.
24.2 Rostered Off Duty - An employee who is
rostered off duty on a day which is a public holiday prescribed by this award and
who is not required to work on that day will:
24.2.1 By mutual
consent, be paid, in the pay for the period in which the public holiday falls,
for the public holiday at the rate payable pursuant to sub-clause 20.1, Public
Holidays, of this award; or
24.2.2 have 1 day added
to his or her annual leave period
This sub-clause does not apply when the public holiday
falls:
24.2.3 on a Saturday or
Sunday, except in the case of employees employed as seven-day Shift Workers
under clause 14 of this award; or
24.2.4 on a Sunday in
the case of employees employed as Monday to Saturday Shift Workers who are
regularly rostered for duty on Saturdays as ordinary working days.
24.3 Rate for Added Days - Any day or days added
in the case of annual leave will be paid for at the Annual Leave Rate of
Pay. Any day or days added in the case
of long service leave will be paid at the long service leave rate of pay.
24.4 Discharging Added Days - Any day or
days added in accordance with sub-clause 24.1 or 24.2, will be the working day
or working days immediately following the period of annual leave to which the
employees are entitled under clause 23, Annual Leave, or clause 25, Long
Service Leave, of this award.
24.5 Definition of Working Days - For the
purposes of sub-clause 24.4, "working days" will be:
24.5.1 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a Day Worker - any day of the week including a day on which employee
concerned would have been rostered off duty if he or she were not on annual
leave or long service leave, but excluding a Saturday, a Sunday or a public
holiday prescribed by this award.
24.5.2 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a Monday to Saturday Shift Worker - any day of the week other than
a Sunday or a public holiday prescribed by this award including a day on which
the employee concerned would have been rostered off duty if he or she were not
on annual leave or long service leave.
24.5.3 In the case of
an employee who, at the commencement of his or her period of annual leave, was
employed as a seven-day Shift Worker under clause 14 - any day of the week including
a day on which the employee concerned would have been rostered off duty if he
or she were not on annual leave.
24.6 Termination Payment - Where an
employee’s employment has been terminated and he or she becomes entitled, under
Section 4 of the Annual Holidays Act
1944 (NSW), to payment in lieu of an annual holiday with respect to a period of
employment, the employee is also entitled to an additional payment for each day
accrued to him or her under sub-clause 24.2 at the Annual Leave Rate of Pay.
24.7 Seven-day Shift Workers - An employee
who is employed as a seven-day Shift Worker who:
24.7.1 has a day added
to his or her annual leave pursuant to sub-clauses 24.1 and 24.2; and
24.7.2 such a day falls
on a public holiday prescribed by clause 20, Public Holidays, of this award, on
which the employee would have been rostered to work an ordinary shift were it
not for his or her entitlement to an added day,
will be paid for such day, in addition to his or her
entitlement under sub-clause 24.3, at the rate prescribed by sub-clause 20.1 of
clause 20, Public Holidays, of this award.
25. Long Service
Leave
25.1 For long
service leave provisions see the Long
Service Leave Act 1955 (NSW).
25.2 Despite the Long Service Leave Act 1955 (NSW), the
award rate element of ordinary pay for long service leave will be either:
25.2.1 the rate
determined in accordance with the Long
Service Leave Act 1955 (NSW); or
25.2.2 the rate
applicable to the employee at the commencement of his or her long service leave
entitlement, whichever is the greater.
25.3 An employee is
entitled to have all days which are prescribed as Public Holidays by clause 20,
Public Holidays, of this award treated as days appointed by the Governor as
public holidays for the purposes of the application to him or her of Section 4
(4a) of the Long Service Leave Act
1955 (NSW).
26. Jury Service
26.1 An employee
required to attend jury service:
26.1.1 during his or
her ordinary working hours; or
26.1.2 immediately following
an ordinary night shift or immediately before an ordinary afternoon shift on
which the employee is rostered to work and, as a result of attending for jury
service, is not reasonably able to report for work on the night shift or
afternoon shift,
will be reimbursed by the Company the difference
between the amount paid to the employee by the Court for his or her attendance
for jury service and his or her ordinary time rate of pay and applicable
overaward payment for the period he or she would have worked had he or she not
attended for jury service.
26.2 An employee
must notify the Company as soon as possible of the date upon which he or she is
required to attend for jury service.
26.3 An employee
must give the Company proof of his or her attendance, the duration of such
attendance, and the amount received from the Court in respect of the jury
service.
27. Compassionate
Leave
27.1 Entitlement -
An employee, other than a casual employee, will be entitled to up to two days
compassionate leave without deduction of pay, on each occasion of the death of
a person as prescribed in sub-clause 27.3 of this clause. In addition to the ordinary time rate of
pay, the employee will be paid the amount of overaward he/she would have
otherwise received during ordinary working hours.
27.2 An employee is
not entitled to compassionate leave if the period of leave coincides with any
other period of paid leave.
27.3 Compassionate
leave will 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 22.1.3(b) of clause 22, Personal/Carer's Leave, of this award,
provided that, for the purpose of compassionate leave, the employee need not
have been responsible for the care of the person concerned.
27.4 Compassionate
leave may be taken in conjunction with other leave available under sub-clauses
22.2, 22.3, 22.4, 22.5 and 22.6 of clause 22, Personal/Carer's Leave, of this
award. In determining such a request,
the Company will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
27.5 Notification -
The employee must notify the Company as soon as practicable of the intention to
take compassionate leave and will provide to the satisfaction of the Company
proof of death.
28. Parental Leave
For parental leave provisions refer to Part 4, Parental
Leave, of Chapter 2, Employment, of the Industrial
Relations Act 1996 (NSW), as amended from time to time.
Division 6 - Employment Relationship
29. Contract of
Employment
29.1 Weekly
Employment - Employment will be on a weekly basis, subject as provided for
elsewhere in this award.
29.2 Probation - An
employee will be on probation for the first 3 months of his or her
employment. Employment will be on a
daily basis at the weekly rate fixed and may be terminated for the first two
weeks of service at a day's notice and subsequently, may be terminated on one
week's notice, or by the payment in lieu or forfeiture of 1 week's wages, as the
case may be.
29.3 Termination -
Subject to clause 29.2, employment may be terminated by 1 week's notice on
either side, given at any time during the week, or by the payment or forfeiture
of 1 week's wages, as the case may be.
Where an employee has given notice, or has been given notice by the
Company, he or she will, upon request, be granted leave of absence without pay
for 1 day or shift during the period of notice in order to look for alternative
employment.
29.4 Performance of
Work - Employees must perform such work as the Company may, from time to time
reasonably require. An employee who
does not perform or attend for duty will lose his or her pay for the actual
time of non-attendance or non-performance, except as provided by clause 21,
Sick Leave.
29.5 Stand Down -
Despite the provisions of this clause, the Company has the right to stand an
employee down for refusal of duty, malingering, inefficiency, neglect of duty
or misconduct on the part of the employee.
The Company may deduct payment for any day or portion of a day during
which the employee is stood down, subject to the following:
29.5.1 Investigation -
No employee may be stood down before an adequate investigation of the
circumstances of the alleged offence has been made or before the employee has
had an opportunity to state his or her case and present witnesses to the
facts. This does not apply in the case
of a group standing down.
29.5.2 Only Manager May
Stand Down - Only the employee’s manager may make a decision as to the standing
down of the employee when the manager is on duty.
29.5.3 Limited Ability
of Supervisor to Stand Down - The right of the employee's supervisor to stand
down an employee is limited to situations where the employee’s manager is not
on duty. The supervisor can only stand
down an employee for a period not exceeding the balance of the shift, and only
in cases where the employee refuses duty or where the supervisor reasonably is
of the opinion that the continued presence of the employee on the plant would
be likely to:
(a) constitute a
hazard either to that employee or to other employees, or to plant and
equipment; or
(b) interfere with
normal and orderly functioning of the Company's operations; or
(c) be prejudicial
to discipline.
29.5.4 Manager
Interview Following Supervisor Standing Down - Where a supervisor stands an
employee down, the supervisor will arrange for the employee to be interviewed
by the manager not later than the commencement of the employee's next rostered
shift of duty or another mutually arranged time. The manager, after reviewing the case, must inform the employee
of his or her decision on the matter.
29.5.5 Appeal - An
employee is entitled to appeal to the relevant Company human resources
representative for his or her department, against any decision of a
manager. Despite the appeal, the
manager's decision takes effect pending the determination of the appeal.
29.5.6 Working in Other
Departments - If an employee is working in a department other than his or her normal
department, the employee may be stood down by the appropriate supervisor for
that department, in accordance with the other parts of this sub-clause.
29.5.7 Definition of
Manager - "Manager" includes:
(a) any officer
with authority higher than that of a manager;
(b) any officer
acting as a manager's deputy in the absence of a manager;
(c) in a
department where there is no officer with the title of manager the supervisor
who is in charge and in his or her absence his or her deputy.
29.5.8 Definition of
Department - "Department" includes a section of the plant called a
"department" and any other separately administered section of the
plant.
29.5.9 Definition of
Group Standing Down - "group standing down" means the standing down
of a group of not less than four employees who have refused duty or who have
committed misconduct whilst acting in concert.
29.6 Deduction of Pay for Non-work - This
clause does not affect the right of the Company to deduct payment for any day
during which an employee cannot be employed usefully because of any strike, or
through any breakdown of machinery, or due to any cause for which the Company
reasonably cannot be held responsible.
29.7 Summary Dismissal - This clause does
not affect the right of the Company to dismiss an employee without notice for
refusal of duty, malingering, inefficiency, neglect of duty or misconduct. Where an employee is summarily dismissed,
wages will be payable up to the time of dismissal only, subject to the
following:
29.7.1 Investigation -
No employee may be dismissed without notice before an adequate investigation of
the circumstances of the alleged offence has been made.
29.7.2 Only Manager May
Dismiss - Only the employee’s manager may make a decision to dismiss the
employee without notice.
29.7.3 Must State
Reasons for Dismissal - When a manager decides to dismiss an employee without
notice the manager must give the employee the reasons for the dismissal without
notice.
29.7.4 Contesting
Dismissal - If immediately following a dismissal without notice the dismissed
employee, or the employee's delegate, tells the manager that the dismissal will
be contested:
(a) the dismissal
will take effect seven calendar days from the time that the employee was told
of his or her dismissal; and
(b) during these
seven calendar days, despite the provisions of sub-clause 29.5, the employee
will be stood down without pay.
29.7.5 Definitions -
The word "Manager" has the same meaning as in sub-clause 29.5.7.
30. Requirements to
Work in Accordance With the Needs of the Industry
30.1 Overtime - For the purpose of meeting
the needs of the industry, the Company may require an employee to work
reasonable overtime, including work on a Sunday and a public holiday, at the
rate prescribed by this award. Unless reasonable
excuse exists, the employee will work in accordance with this requirement.
30.2 Change of Shift System - Subject to
clause 17, Transfer of Day Workers from Day Work to Shift Work, and clause 18,
Transfer of Shift Workers, of this award, for the purpose of meeting the needs
of the industry, the Company may require any employee to transfer from one
shift system to another shift system prescribed by this award at the applicable
rate. Unless reasonable excuse exists,
an employee will work in accordance with this requirement.
31. Termination of
Employment Due to Retrenchment Or Redundancy
31.1 Retrenchment
31.1.1 Application -
This sub-clause 31.1 applies to collective dismissals by way of retrenchment,
whether made at the same time or over a period of time and where the dismissals
relate to circumstances affecting the Company's enterprise and not to the
conduct of the employees. It does not
apply to the termination of employment on account of the introduction of
mechanisation or technological change.
31.1.2 Informing Unions
and Employees Affected - The Company is obliged to inform the union parties to
this award, and the Company's employees who may be affected by any
retrenchments, of the facts and circumstances of the proposed retrenchments as soon
as the Company becomes aware that the retrenchments are necessary.
31.1.3 Notice of
Termination - Despite any other provision of this award, an employee being
dismissed will receive four weeks' written notice of dismissal, or four weeks'
pay in lieu of notice given.
31.1.4 Leave to Seek
Alternative Employment - If an employee is required to work out his or her 4
weeks' of notice, the employee is entitled to 1 day's leave with pay in each of
the 4 weeks to enable him or her to look for alternative employment.
31.1.5 Severance
Payment - The following severance payments will be made to an employee in
addition to any other pay entitlements:
(a) four week's
basic pay as defined; and
(b) Payments
related to age and service, according to the following table:
|
Age at time of termination
|
Less than 6 months continuous service
|
Benefit after 6 months continuous service
|
|
Under 55
|
No payment
|
1.25 weeks basic pay for each year of continuous service,
or part thereof on a pro rata basis.
|
|
55 or older
|
No payment
|
1.5 weeks basic pay for each year of continuous service,
or part thereof on a pro rata basis.
|
The scheme under sub-paragraph (b) has a maximum
payment of 26 week's pay.
A week's basic pay refers to the award wage, plus applicable
over award. Basic pay does not include
shift work allowances, weekend penalties or overtime.
31.1.6 Less than Six
Months Service Not Entitled - Employees retrenched who have less than 6 months
continuous service, are not entitled to severance pay under this sub-clause.
31.2 Mechanisation or Technological Change -
31.2.1 Application -
This sub-clause 31.2 applies despite the provision of clause 29, Contract of
Employment, where, on account of the introduction or proposed introduction by
the Company of mechanisation or technological changes in the industry covered
by this award, the Company proposes to terminate the employment of an employee.
31.2.2 Notice of
Termination - An employee covered by this sub-clause will be given three
months' notice of the termination of his or her employment. If the employment of an employee is
terminated and the Company fails to give such notice in full:
(a) The Company
will pay the employee at the ordinary rate of pay for the employee's
classification for a period equal to the difference between three months and
the period of the notice given; and
(b) The period of
notice required by this paragraph is deemed to be service with the Company for
the purpose of the Annual Holiday Act
1944 (NSW) and the Long Service Leave Act
1955 (NSW) or any Act amending or replacing either of those Acts.
31.2.3 Less than 12
Months Service Not Entitled - Employees who have less than 12 months continuous
service, are not covered by this sub-clause.
31.2.4 Dismissal for Other
Reasons Not Prejudiced - The right of the Company to dismiss an employee for
reasons specified in clause 29, Contract of Employment, is not prejudiced by
the fact that the employee has been given notice under this sub-clause of the
termination of his or her employment.
31.3 Notifications
-
31.3.1 Application -
This sub-clause 31.3 applies if the Company proposes to introduce into the
industry covered by this award mechanisation or technological changes which
will result in one or more employees becoming redundant.
31.3.2 When
notifications must be given - At least six months before the introduction of
mechanisation or technological changes referred to in paragraph 31.3.1, the
Company will give notifications in accordance with paragraph 31.3.3, and if it
is not practicable for the Company to give such notifications at least six
months before such introduction, then the Company will give the notifications
as early as it is practicable for the Company to give them.
31.3.3 Who
notifications are to be given to - The notifications to be given in accordance
with paragraph 31.3.2 are notifications in writing to:
(a) the Industrial
Registrar;
(b) the
Commissioner for Vocational Training, Vocational Training Board;
(c) the Managing
Director of the Technical and Further Education Commission; and
(d) the state
secretaries of the relevant unions.
31.3.4 Content of
notifications - The notifications to be given in accordance with paragraph
31.3.2 will state:
(a) the number of
employees who may become redundant;
(b) the occupation
of these employees;
(c) the
approximate date when the employment of these employees is likely to terminate.
32.
Anti-Discrimination
32.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
32.2 It follows that
in fulfilling his or her obligations under the dispute resolution procedure
prescribed by clause 33, Procedure for Resolving Claims, Issues and Disputes,
of 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.
32.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
32.4 Nothing in
this clause is to be taken to affect:
32.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
32.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
32.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
32.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
32.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
33. Procedure for
Resolving Claims, Issues and Disputes
33.1 The parties to
a grievance or dispute will take all reasonable steps to ensure that the
procedure set out below is followed responsibly and expeditiously:
33.1.1 If an employee
has any problem or concern in relation to his or her employment, the employee
will in the first instance discuss the matter with his or her immediate
supervisor who will endeavour to resolve the issue expeditiously;
33.1.2 Any unresolved
matter will then be referred to the Section Supervisor. This can be done by the employee himself or
herself, the employee and his or her union delegate, or by the union delegate
on behalf of the employee;
33.1.3 Should the
dispute still remain unresolved, appropriate assistance should then be sought
from the General Manager or his or her deputy and if necessary an official of
the union concerned;
33.1.4 In the event
that no agreement is reached, the dispute will be referred to the Industrial
Relations Commission of New South Wales for conciliation.
33.2 Where a
grievance or dispute involves either party seeking to change an existing
agreement or practice, the parties will endeavour to identify and agree on what
is the status quo. The status quo will
then continue to prevail until the dispute is either resolved or at least until
the parties have exhausted all steps in the procedure set out in sub-clause
33.1.
33.3 Whilst the
procedure in this sub-clause 33.1 is being followed, work will continue without
interruption and no form of ban, limitation or industrial action will be
applied.
33.4 Other Rights
and Duties -The provisions of this clause will not affect in any way any other
rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any
other Act or at common law in relation to any matter.
Division 7-Miscellaneous
34. Delegates
34.1 Recognition of Delegates -
34.1.1 The Company will
give recognition to an employee who is the delegate representing the employees
in a shop or department where he or she is employed. A delegate will be allowed the necessary time, during working
hours, to interview the Company or its representatives, where there is a
dispute affecting employees in his or her shop or department.
34.1.2 The Company will
not be bound to recognise as a delegate any employee in respect of whom the union
concerned has sent written notification to the Company that it does not
recognise that employee as a delegate.
34.1.3 The Company
will, upon request, provide each recognised delegate with a suitable locker for
the purpose of storing relevant union material at the workplace.
35. Protective
Equipment and Clothing
35.1 Protective
Equipment - The Company will provide, and each employee will wear personal
protective equipment when engaged in any work which, in the opinion of the
Company, necessitates the use of such personal protective equipment for the
purpose of protection.
35.2 Clothing Issue
- The Company will, on an annual basis, issue employees with clothing
(including gloves, work boots etc) and employees will wear all such clothing
when, in the opinion of the Company, the work necessitates their use.
35.3 Return of
Company's Property - Should any employee, on leaving the Company's service fail
to return any of the Company's property including safety glasses, gloves, other
protective clothing and tools, gauges, etc., the Company may deduct from his or
her final wages the reasonable value of the article.
PART B-MONETARY RATES
Table 1-Rates of Pay
Pipemaking
|
Level
|
Total Wage$
|
|
Pipemaker Entry Level
|
691.30
|
|
Pipemaker Level 1
|
755.10
|
|
Pipemaker Level 2
|
799.60
|
|
Pipemaker Level 3
|
839.00
|
|
Pipemaker Level 4
|
889.50
|
|
Pipemaker Level 5
|
940.00
|
Electrical
Tradesperson
|
Level
|
Base Rate
($)
|
Tool Allowance
($)
|
Weekly Award
($)
|
Over Award
($)
|
Total Award ($)
|
|
Electrical Tradesman
|
505.70
|
9.40
|
515.10
|
378.50
|
893.60
|
|
Electrical Tradesman Grade 1
|
519.80
|
9.40
|
529.20
|
392.20
|
921.40
|
|
Electrical Tradesman Grade 2
|
534.50
|
9.40
|
543.90
|
403.00
|
946.90
|
|
Electrical Tradesman Grade 3
|
560.20
|
9.40
|
569.60
|
426.60
|
996.20
|
Table 2-Other Rates and Allowances
|
Item
No
|
Clause
No
|
Brief Description
|
Amount
|
|
1
|
6
|
Leading Hands -
|
Per 38-hour week
|
|
|
|
If in charge of not more than five employees
|
$20.80
|
|
|
|
If in charge of more than five but not more than fifteen
employees
|
$31.20
|
|
|
|
If in charge of more than fifteen
|
$44.00
|
|
2
|
7.1
|
"A" Grade Electrical Mechanic's Licence -
|
$22.70 per 38-hour
week
|
|
3
|
7.2
|
Large ("Hot") Conditions Allowance
|
$45.60 per 38-hour
week
|
|
|
12
|
Shift Work Allowances for Shift Workers -
|
Amount per 38-hour
week
|
|
4
|
12.1.1
|
Shift Workers whilst working rotating shift
|
$46.20
|
|
5
|
12.1.1(a)
|
When at least one-third of working time in the full cycle
of the roster is not on day shift
|
$30.50
|
|
6
|
12.1.2
|
Rotating Shift Worker when engaged under a roster system
which does not provide for at least one-third of working time in the full
cycle of the roster on day shift
|
|
|
|
|
(a) day shift,
night shift
|
$46.20
|
|
|
|
(b) day shift,
afternoon shift
|
$38.50
|
|
|
|
(c) day shift,
day shift, afternoon shift
|
$38.50
|
|
|
|
(d) day shift,
day shift, night shift
|
$38.50
|
|
7
|
12.1.3
|
Junior Shift Workers when working under any of the shift
systems set out in paragraph 12.1.2
|
$46.20
|
|
8
|
12.1.4
|
Shift Workers working shift work on shift systems as
follows:
|
|
|
|
|
(a) night
shift, afternoon shift
|
$61.70
|
|
|
|
(b) night
shift only
|
$95.00
|
|
|
|
(c) afternoon
shift only
|
$61.70
|
|
9
|
12.1.5
|
Shift Workers who work any afternoon shift or night shift
other than under 12.1.1, 12.1.2 and 12.1.4 above and not paid in respect of
any day shift worked
|
$18.20 per shift
|
|
10
|
19.3.3, 19.3.4(b)19.3.5
|
Overtime, meal allowance -
|
$7.60 per meal
|
R. W.
HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.