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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ICE CREAM COLD STORAGE (STATE) AWARD
  
Date09/07/2001
Volume327
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0466
CategoryAward
Award Code 388  
Date Posted03/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(388)

SERIAL C0466

 

ICE CREAM COLD STORAGE (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4615 of 1999)

 

Before The Honourable Justice Marks

26 April and 21 June 2001

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

PART A

 

Clause No.            Subject Matter

 

1.                       Anti-discrimination

2.                       Definitions

3.                       Hours

4.                       Wage Rates

5.                       Working in Cold Temperatures

6.                       Overtime and Sunday

7.                       Holidays

8.                       Meal Break and Allowance

9.                       Engagement and Termination of Employment

10.                     Casual, Part-time and Seasonal Employees

11.                     Employees' Protection

12.                     Mixed Functions

13                      Annual Leave

14                      Annual Holiday Loading

15                      Sick Leave

16                      Personal/Carer's Leave

17.                     Long Service Leave

18.                     Rest Pause

19.                     Payment of Wages

20.                     Bereavement Leave

21.                     Jury Service

22.                     Superannuation

23.                     Consultative Mechanism

24.                     Redundancy

25.                     Grievance Handling and Disputes Procedure

26.                     Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

 

1.         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 this 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 this clause is to be taken to affect:

 

(a)        any conduct or act which is specially exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

(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

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects....any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

 

2.         Definitions

 

(i)         Freezing Room Employee means an employee who is employed in a freezing room to handle ice cream and other frozen products into a freezing room for storage and/or to remove those products from freezing for delivery.

 

(ii)        Carrier and/or General Hand shall mean an employee handling frozen products or goods received to be frozen and in the loading or unloading of trucks including going into trucks and who may be required to carry packages, etc. into a freezing room for storage but is not required to stay in the room.

 

(iii)       Casual Employee means an employee employed by the hour and paid by the hour with a minimum of four hours at each start.  (See clause 10 for further information.)

 

(iv)       Part-time Employee shall mean an employee engaged to work less than the ordinary weekly hours prescribed by this award.

 

(v)        Seasonal Employee shall mean an employee who is engaged on a weekly basis for the season.

 

(vi)       Subject to existing practices a freezing room is a room where the temperature is artificially reduced to less than minus 18 degrees Celsius (zero degrees Fahrenheit).

 

(vii)      The union means The Australasian Meat Industry Employees' Union, New South Wales Branch.

 

 

3.         Hours

 

(i)         Full-time Employees -

 

(a)        The ordinary hours of work for full-time workers, exclusive of meal breaks, shall not exceed an average of 38 per week.

 

(b)        (1)        Ordinary hours shall be worked between 6.00 a.m. and 6.00 p.m., Monday to Sunday, in one of the following manners:

 

(i)         38 hours within a work cycle not exceeding 7 days; or

 

(ii)        76 hours within a work cycle not exceeding 14 days; or

 

(iii)       114 hours within a work cycle not exceeding 21 days; or

 

(iv)       152 hours within a work cycle not exceeding 28 days; or

 

(v)        Such other methods as may be agreed from time to time between the employer and the employee(s) affected.

 

(2)        The ordinary hours may vary from worker to worker and from section to section within the enterprise, by agreement between the employer and the employee(s).

 

(3)        Ordinary hours worked on a Saturday shall be paid at the rate of time and one-half. Ordinary hours worked on a Sunday shall be paid at the rate of time and three-quarters.

 

(ii)        Shift Workers -

 

(a)        A night shift may be worked provided that the ordinary hours shall not exceed thirty-eight per week, inclusive of crib time.  Such shifts shall be worked each night, Monday to Sunday, between the hours of 5.00 p.m. and 7.00 a.m. on the succeeding day.

 

(b)        An employee engaged on night shift shall be paid at the rate of time and one-quarter of the wages prescribed in Table 1 - Wage Rates, of Part B, Monetary Rates.

 

(iii)       Morning and afternoon shifts may be worked subject to the following conditions:

 

(a)        The ordinary hours shall be worked in shifts of up to twelve hours inclusive of crib time, Monday to Sunday, inclusive.

 

(b)        A crib time of twenty minutes, which shall be counted as time worked, shall be allowed to shift workers on each shift; provided that where a shift exceeding eight hours is worked, a second crib break to be counted as time worked shall be allowed.

 

(c)        The employer shall give the union not less than seven days' notice, or such lesser period of notice by mutual agreement in the case of emergencies, of the intention to alter work shifts and of the times between which such shifts shall be worked; provided that shifts shall not commence before 6.00 a.m. and shall not finish later than 12.00 p.m.

 

(d)        Employees whilst working on afternoon shift shall be paid the amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their normal wages.

 

(e)        Afternoon shift shall mean any shift finishing after 6.00 p.m. and at or before 12.00 p.m.

 

(iv)       12-hour Shifts -

 

(a)        The actual time at which work is to commence and finish shall be fixed by the employer and once fixed will not be altered unless one week's clear notice to the worker is given, provided that such one week's notice shall not be required if any change of hours is by mutual agreement between the employer and the worker.

 

(b)        The ordinary hours may vary from worker to worker and from section to section within the enterprise, with the agreement of the worker(s) concerned.

 

(c)        Where shifts in excess of ten hours and up to twelve hours are sought by the employer and/or worker(s), agreement with the union must also be obtained.  The union shall not unreasonably withhold such agreement.

 

(d)        Where ordinary hours are to be twelve per day the employer and workers concerned will be guided by the following:

 

           Occupational Health and Safety provisions of the ACTU Code of Conduct on twelve-hour shifts. 

           Proper health monitoring procedures being introduced.

           Suitable roster arrangements. 

           Proper supervision being provided.

 

(e)        Any system of work adopted under the ordinary hours of work clause shall provide that all work is to be performed on a continuous shift basis except for meal breaks.

 

 

4.         Wage Rates

 

(i)         Adult Rates  - As set out in Table 1 - Wage Rates, of Part B, Monetary Rates.

 

(ii)        Juniors  - The minimum rates of pay for junior employees shall be as follows:

 

Percentage of Grade 2 adult wage

 

Under 19 years of age

62%

At 19 years of age

70%

At 20 years of age

80%

 

(iii)       Classifications (Definitions) -

 

Grading Structure -

 

Grade 1 - Trainee -

 

(i)         A new employee shall remain a trainee for a period of up to three months.

 

(ii)        He/she will be required to perform routine duties associated with the operation of a warehouse under direct supervision.

 

(iii)       He/she will receive such in-house training as may be required.

 

Grade 2 - Order Picker/Packer, Fork Lift Driver, General Hand -

 

(i)         A Grade 2 employee means an employee employed on order pick or bulk supply duties.  He/she may be required to unload/load product from/into refrigerated vehicles using mechanical and/or manual fork lift, into or out of a refrigerated warehouse.  The employee may also be required to place, select or carry product or goods onto/from a mechanical conveyor inside a refrigerated warehouse.

 

(ii)        He/she shall be required to operate manual mechanical or electrical equipment. That employee must have a current Certificate of Competency Power Crane Driver Licence "Type C" Fork Lift Truck.

 

(iii)       He/she shall stack/de-stack pallets and M.S.U.s (Mobile Store Units) in preparation for storage or loading.

 

(iv)       He/she may attend to battery maintenance and re-charging procedures for battery electric pallet transporters.

 

(v)        He/she may be required to operate an electric scrubber, carry out detailed housekeeping and basic non-trade maintenance.

 

(vi)       He/she will have basic literacy and numeracy skills.

 

(vii)      He/she will, after proper training, be responsible for the:

 

           Quality of his/her own work;

           Work in a team environment;

           Undertake duties in a safe and responsible manner;

           Possess basic interpersonal and communication skills;

           Have the knowledge to identify the correct use of cartons in respect to export packing;

           Preparation and receipt of appropriate documentation;

           Maintain acceptable productivity levels.

 

(viii)     He/she will, after proper training, be responsible for the correct loading of pallets/MSUs onto refrigerated pantechnicon/delivery vehicle/containers/ load patterns.

 

Grade 3 - Turret Truck/Crane Driver -

 

(i)         A Grade 3 employee will be capable of and may perform the duties of Grades 1 and 2.

 

(ii)        A Grade 3 employee is an employee who has, after proper training, qualified for and is currently the holder of a Certificate of Competency Power Crane Driver Licence Type 19C Fork Lift Truck endorsed Turret Truck/Crane Driver.

 

(iii)       A Grade 3 employee is one who will have the knowledge to identify the correct product and pallet stacking procedures so as to avoid product damage during trailer loading and product transportation.

 

Grade 4 - Leading Hand -

 

(i)         A Grade 4 employee is one who is appointed as a leading hand and is responsible for the routine operation of a warehouse/cold store or a large section of a warehouse/cold store.

 

(ii)        He/she will possess a highly developed level of interpersonal and communication skills.

 

(iii)       He/she will supervise and provide job direction and guidance to other employees, assistance in induction and "on-the-job" training, and attend to matters of safety and occupational health as well as the disciplining and counselling of employees under his/her charge.

 

(iv)       He/she may be in charge of any number of employees as designated by the employer.

 

(v)        He/she will implement quality control techniques and procedures.

 

(vi)       He/she will be competent to perform the following skills: liaising with management and customers with respect to store operations; maintain control registers including inventory control and be responsible for the preparation and reconciliation of regular reports of stock movements, despatches, etc.

 

(vii)      He/she will exercise discretion within the scope of this grade.

 

(viii)     Leading hands will be capable of and may perform any duties of Grades 1, 2 and 3.

 

Grade 5 - Senior Leading Hand -

 

(i)         Senior leading hands will be appointed to reflect the higher level of responsibility expected of them.

 

(ii)        Such appointments, and the number of senior leading hands required on individual sites, will be at the discretion of the employer.

 

(iii)       A senior leading hand may be the operator to whom a leading hand reports.

 

(iv)       Senior leading hands will be capable of and may perform any duties of Grades 1 to 4.

 

(iv)       The rates of pay in this award include the adjustments payable under the State Wage Case 2000. This adjustment may be offset against:

 

(a)        equivalent overaward payments, and/or

 

(b)        award wage increases since 29 May, 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

 

5.         Working in Cold Temperatures

 

(i)         Each employee required to work in a freezing room shall have been medically selected as fit to work in extremely cold conditions.

 

(ii)        For every hour or part of an hour during which an employee is working in a freezing room he/she shall be paid the amount as set out in Items 2, 3 and 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iii)       Employees required to work in freezing rooms shall be allowed reasonable time outside the room.  By agreement between the employer and employees alternative arrangements may be entered into.

 

(iv)       For the purpose of this clause the temperature of a room shall be the temperature of the coldest part of such room.

 

(v)        In lieu of the payments prescribed by this clause an employer and the union may agree to incorporate cold temperature allowances in the weekly rate of employees, having regard to the time actually spent in freezing rooms.

 

 

6.         Overtime and Sunday

 

(i)         An employee who works for any time in excess of thirty-eight hours in any one week or before the usual starting time and after the usual finishing time shall be paid for such time at the rate of time and one-half for the first two hours and double time thereafter.

 

(ii)        Notwithstanding subclause (i) of this clause:

 

(a)        the work performed before the earliest prescribed starting time by day workers or day shift workers shall be paid for at the rate of double time; and

 

(b)        any employee who is required and does attend to work overtime on a rostered day off as directed by his/her employer shall be paid a minimum of four hours' pay at the appropriate rate.

 

 

(iii)       When overtime is worked on Saturday and Sunday, the rate for the purpose of this calculation shall be exclusive of the premium prescribed in subparagraph (3) of paragraph (b) of subclause (i), of clause 3, Hours.

 

(iv)       An employee recalled to work overtime after leaving the employer's premises (whether notified before or after leaving the premises) shall be paid a minimum of four hours' work at the appropriate overtime rate for each period so recalled.  This subclause shall not apply where overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working hours.

 

(v)        It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the industry.

 

(vi)       Overtime work done on a Sunday shall be paid at the rate of double time, with a minimum of four hours' pay at such rate.

 

(vii)      Rest periods after overtime -

 

(a)        When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days.

 

(b)        An employee (other than a casual) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/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 his/her employer, such an employee resumes or continues work without having had such eight consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(viii)     An employee required to work overtime by his/her employer shall work such overtime as required.

 

(ix)       Time off in lieu  - The employer and the employee may agree to compensate the working of overtime by allowing an equivalent amount of time off without penalty for actual time worked.  The taking of such time off shall be at a time requested by the employee and acceptable to the employer.  Such arrangements shall be indicated in the time and wages records.

 

 

7.         Holidays

 

(i)         The following days will be observed as holidays: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or any days observed in lieu of such days as may be proclaimed as public holidays for the State and observed as such, and the union picnic day as observed by The Australasian Meat Industry Employees' Union, New South Wales Branch. Provided that by agreement between the employer and employee(s) the above holidays may be substituted for another day off.

 

(ii)        Where an employee is absent from employment on the working day or part of the working day before, or the working day or part of the working day after a public holiday or group of public holidays, without reasonable cause, onus of proof of which will lie with the employee, the employee shall not be entitled to payment for the holiday(s) immediately succeeding or immediately preceding the absence.

 

(iii)       Work done on a holiday shall be paid at the rate of double time and one-half, with a minimum of four hours' pay at such rate.

 

 

8.         Meal Break and Allowance

 

(i)         A day worker shall be allowed a meal period of not less than thirty minutes or more than sixty minutes per day.

 

(ii)        Unless otherwise agreed to between the employer and his/her employees, any employee called upon to work for more than one and one-half hours after his/her normal ceasing time, shall be allowed not less than thirty minutes and not more than one hour for a meal break which shall be taken immediately following such normal ceasing time.

 

(iii)       Unless otherwise agreed to between the employer and his/her employees, any employee called upon to work during a meal interval shall be paid at overtime rates for the period so employed, and such overtime rates shall continue until a meal break of not less than thirty minutes is allowed.

 

(iv)       Unless otherwise agreed to, not more than five hours shall be worked without a meal break.  In respect of day workers, such a meal break shall be not less than thirty minutes nor more than one hour.

 

(v)        Meal periods for employees may be staggered by the employer to suit the needs of the business.

 

(vi)       Meal Allowance - An employee required to work overtime in excess of one and one-half hours shall be paid the amount as set out in Item 5 of Table 2  - Other Rates and Allowances, of Part B, Monetary Rates, to provide him/her with a meal and an additional amount for each further four hours so worked.  However, this allowance shall not be payable where the overtime worked by day workers is completed by 5.00 p.m.

 

(vii)      By agreement between the employer and the employee(s) the meal arrangements may be altered to suit the needs of the business.

 

 

9.         Engagement and Termination of Employment

 

(i)         An employee shall be engaged as a full-time, part-time, casual or seasonal employee. The employer shall inform each employee at the beginning of employment and before commencing work whether the employee is a full-time, part-time, casual or seasonal employee.

 

(ii)        The engagement of an employee may be terminated only by one week's notice or the payment or forfeiture, as the case may be, of one week's wages in lieu thereof.

 

(iii)       An employee shall work as reasonably required and employees shall perform such work as the employer shall from time to time reasonably require.

 

(iv)       A new employee will be on a trial period of three months and shall be terminated by two days notice by either side.  Provided that if the appropriate notice is not given during this period the payment or forfeiture of two days' wages, depending upon when termination is effected, will be applied.  This subclause shall not apply to a casual employee.

 

(v)        The employer shall have the right to deduct payment for any day or portion thereof during which the employee is stood down as a result of refusal of duty or malingering, or for any day during which the employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which the employer cannot reasonably be held responsible.

 

(vi)       The employer shall have the right to dismiss an employee, without notice, for refusal of duty, malingering, inefficiency, neglect of duty, or misconduct and in such cases the wages shall be payable up to the time of dismissal only.

 

 

10.       Casual, Part-time and Seasonal Employees

 

(i)         Casual Employee - The spread of ordinary hours of work shall be the same as those worked by full-time employees in the establishment concerned or as per the hours prescribed in clause 3, Hours.

 

A casual shall be paid one thirty-eighth of the appropriate weekly wage plus 15 per cent thereof per hour.

 

(ii)        Part-time Employee -

 

(a)        A part-time employee shall mean an employee who is employed to work regular days and regular hours, either of which are less than the number of days or hours worked by full-time employees employed by the employer.  Provided that the ordinary hours of part-timers shall be for not less than 20 hours nor more than 38 hours in any working week.

 

(b)        Notwithstanding anything else contained in this award, the provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, maternity leave and holidays, shall apply to part-time employees on a proportionate basis.

 

(c)        Notwithstanding the provisions of this clause, the union and an employer may agree, in writing, to observe other conditions in order to meet special cases.

 

(iii)       Seasonal Employee - Shall mean an employee who is engaged on a weekly basis for the season.

 

(a)        A seasonal employee's period of employment shall be determined by the employer to meet the circumstances of the establishment and this agreement shall be in writing.  Provided that, to provide for seasonal fluctuations or circumstances beyond the employer's control, a seasonal employee may be terminated by the giving of 7 days' notice.

 

 

11.       Employees' Protection

 

(i)         Every employee shall be supplied, according to the nature of his/her work, with overalls, boots and gloves or, if working in a freezing room, a blanket suit, gloves, freezer boots and suitable head covering and overalls if requested.  Any dispute as to the adequacy of clothing supplied to employees working in a freezing room may be referred to the Industrial Relations Commission of New South Wales for determination.

 

(ii)        Employees when overheated from working outside, shall be allowed to cool down before entering a freezing chamber.

 

(iii)       The employer shall provide facilities for satisfactory drying of clothes.

 

(iv)       On commencing work for the day or after any meal break, an inside hand shall be allowed five minutes in which to dress for this work and such time shall count as time worked.

 

(v)        No employee shall be called upon to work in a chamber where the floor is wet or where there is a serious dripping of moisture from pipes or where a leak of ammonia exists.

 

 

12.       Mixed Functions

 

(i)         Should any employee engaged at a higher paid class of work be transferred temporarily to a lower paid class of work, he/she shall continue to receive the higher rate during such transferred temporary employment.

 

(ii)        An employee who is required to do work carrying a higher rate than his/her ordinary classification for two hours or more on any day or shift, shall be paid at the higher rate for the whole of the day or shift.

 

(iii)       Subject to subclause (ii) of this clause, an employee who, on any day or shift, is required to do the work of a higher paid classification for at least one hour shall be paid the rate prescribed for such work whilst so engaged.

 

(iv)       Should holiday or holidays occur whilst an employee, including a junior, is being paid at a higher rate of pay, he/she shall be paid for such holidays at the higher rate of pay provided that he/she has performed such work on the working day immediately preceding and the working day immediately succeeding the holiday or holidays.

 

 

13.       Annual Leave

 

See Annual Holidays Act 1944.

 

 

14.       Annual Holiday Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause.

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vii) of this clause.)

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

 

(iv)       Loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. 

 

(NOTE: See subclause (vi) as to holidays taken wholly or partly in advance.)

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate per week of 17 .5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.

 

An employee’s ordinary weekly time rate of pay, however. shall not include the Saturday and Sunday penalties for ordinary hours wherever prescribed by the award, nor shall it include any other allowances, penalty rates, shift allowances, overtime rates, or any other payments prescribed by this award.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance. However, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period for such holiday and is to be calculated in accordance with subclause (v) of this clause applying the award rates of wages payable on that day. 

 

(vii)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned -

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause;

 

(b)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close down as his/her qualifying period of employment in completed weeks bears to 52.

 

(viii)     (a)        When the employment of an employee is terminated by his/her employer for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (v) of this clause for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

(ix)       This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on holiday, provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

 

15.       Sick Leave

 

(i)         An employee who is absent from work on account of illness or on account of injury by accident arising out of his/her employment shall be entitled to leave of absence without deduction of pay under the following conditions and limitations:

 

(a)        He/she shall not be entitled to such leave of absence unless employed in the service of the employer concerned for at least three months immediately prior to such absence.

 

(b)        He/she shall, within two hours, or as soon as is practicable, of the commencement of such absence, inform the employer of his/her inability to attend for work and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.

 

(c)        He/she shall provide, to the satisfaction of the employer, or, in the event if any dispute, to the Industrial Relations Commission of New South Wales proof that he/she was unable, on account of such illness or injury, to attend for work on the day or days in respect of which such leave is claimed.  For the purposes thereof the employer may require an employee to make a statutory declaration verifying the cause and length of his/her absence.

 

(d)        He/she shall not be entitled in any one year, except hereafter provided for, to such leave of absence in excess of -

 

           3.5 hours for each completed month during the first six months of employment;

 

           38 hours for the first year of employment;

 

           76 hours for the second and subsequent years of employment;

 

           nor to payment in excess of these hours at ordinary rate.

 

(e)        The right under this clause shall accumulate from year to year so long as the employment continues with the employer, so that any part of the sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continued employment.  Any rights which accumulate pursuant to this subclause shall be available to the employee for an indefinite period from the end of the year in which they accrued, in addition to the current year's entitlement.

 

(f)         In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee if in the year he/she already had been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or on account of injury by accident.  Nothing in this subclause shall limit the employer's rights under paragraph (d) of this subclause.

 

(ii)        For the purpose of paragraph (d) of subclause (i) of this clause an employer may, within one month of the coming into operation of this award or within two weeks of an employee entering his/her employment, require an employee to make a statutory declaration or other written statement as to what leave of absence without deduction of pay he/she has had from any employer during the then current year and the employer shall be entitled to rely and to act upon such statement.

 

(iii)       For the purpose of this clause, an employer may arrange with the Secretary of the union for the recognition of a specified date as the commencing date of each year and when so arranged such date shall be binding for such purpose on the union, the employer and employees.  In the absence of any such arrangement year shall mean:

 

(a)        in the case of an employee in the service of an employer on the date of the coming into operation of this award - a year of service commencing on that date except in the case where the employer has, before that date, allowed paid sick leave when it shall mean the year of service then current;

 

(b)        in other cases - a year of service in the employ of the employer concerned.

 

 

16.       Personal/Carer's Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 15, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (viii) of clause 6, Overtime and Sunday, the following provisions shall apply.

 

(b)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(c)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(d)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(e)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

 

17.       Long Service Leave

 

See Long Service Leave Act 1955.

 

 

18.       Rest pause

 

(i)         A rest pause of fifteen minutes each morning for a day worker or the first part of a shift in the case of a shift worker, and a rest pause of fifteen minutes in the afternoon for a day worker, or the second part of the shift in the case of a shift worker, shall be allowed by an employer.

 

(ii)        A rest pause shall be taken at times as may be mutually agreed to between the employer and the union.

 

(iii)       A rest pause taken in accordance with this clause shall be counted as time worked and paid for as such.

 

(iv)       An employee working continuously in a freezing room for a period of one hour shall be allowed a break of 5 minutes, such break to be counted as time worked and paid for as such.

 

 

19.       Payment of Wages

 

(i)         By agreement between the employer and the existing employees, wages shall be paid by either cash, cheque or Electronic Funds Transfer (EFT). Wages shall be paid on a fixed day each week and shall include all monies up to the finishing time two weekdays earlier.

 

(ii)        The employer may vary the pay day around public holidays.

 

(iii)       All new employees shall, at the discretion of the employer, be paid by EFT, cheque or cash.

 

 

20.       Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 16, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 16.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

 

21.       Jury Service

 

An employee, other than a casual or seasonal employee, required to stand for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

An employee shall notify his/her employer as soon as possible of the date upon which he/she is required to attend for jury service.  Further, he/she shall give his/her employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

 

 

22.       Superannuation

 

(i)         Definitions -

 

(a)        "Employee" shall mean a full-time adult or junior employee who has completed a total of 4 weeks service with the company, or a casual or junior employee with more than 160 ordinary hours service in any one year, and one who is employed under the terms of an award made by the Industrial Relations Commission of New South Wales.

 

NOTE:  The provision in this subclause relating to casuals shall not apply to Streets Ice Cream Pty Ltd.

 

(b)        "Approved Scheme" means either:

 

(1)        A registered company fund, the Trust Deed of which meets the Commonwealth Government standards for occupational superannuation ("the company Scheme");

 

(2)        The Australian Retirement Fund (the ARF Scheme);

 

(3)        The Australian Superannuation Savings Employment Trust (ASSET);

 

(4)        The Meat Industry Employees Superannuation Fund Pty Ltd.

 

(c)        "Employee's ordinary weekly earnings" means the award classification rate including any overaward payment (including supplementary payments), and shiftwork loadings where applicable.  Provided that it shall not include overtime meal money, occasional bonus payments or any other ancillary payments of a like nature prescribed by this award.

 

(ii)        Contributions -

 

(a)        The employer shall make a superannuation contribution after the qualifying period to an approved scheme (as defined in subclause (i), Definitions, of this clause) of an amount equal to 3 per cent of an employee's ordinary weekly earnings on behalf of each eligible employee.  Payments shall be made in accordance with the fund.

 

(b)        The employer shall not be required to make contributions for any period in which an eligible employee is absent on unpaid leave.

 

(c)        Eligible employees may make contributions in addition to those paid by the employer and may authorise the employer to pay such contributions into the fund directly from the employee's wage.

 

(d)        The obligation of the employer to contribute to the fund in respect of an eligible employee shall cease on the last day of such employee's employment with the employer.

 

(iii)       Fund Membership -

 

(a)        An employer shall apply to the Trustees of the fund to become a participating employer in the fund.

 

(b)        Each employee shall, upon the employer being accepted by the Trustees of the fund, make application to become a member of the fund.

 

(c)        The employer in consultation with the employees shall reach agreement with the employees as to which of the available alternative funds shall be applicable.

 

In the absence of agreement at the plant or in the operation, as the case may be, the employer will notify the relevant State branch of The Australasian Meat Industry Employees' Union, New South Wales Branch, of the fund to operate.

 

(iv)       Refusal of Employee to Participate in a Fund - An employer shall not be liable to contribute on behalf of any eligible employee who refuses to sign any application form as required by the Trust Deed of the fund.  Such refusal shall be in writing notwithstanding that the employee can at any time apply to have contributions commencing upon becoming a member of the fund.  Provided further that where an eligible employee is a member of The Australasian Meat Industry Employees' Union, New South Wales Branch, such union shall be notified of the employee's refusal.

 

 

23.       Consultative Mechanism

 

Each plant or enterprise shall establish a consultative mechanism and procedure appropriate to its size structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

 

 

24.       Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part-time persons employed in the classifications specified by clause 4, Wage Rates.

 

(ii)        This clause shall apply, in respect of employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of paragraph (i) of subclause (D) of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable employment.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(B)       Introduction of Change -

 

(i)         Employer's Duty to Notify -

 

(a)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)        "Significant effect" includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employer's Duty to Discuss Change -

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)        The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).

 

(c)        For the purposes of such discussions, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(C)       Redundancy -

 

(i)         Discussions before Terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause (B), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned, and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(D)       Termination of Employment-

 

(i)         Notice for Changes in Production, Program, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from   production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (B) of this clause.

 

(a)        In order to terminate the employment of an employee, the employer shall give the employee the following notice:

 

Period of continuous service

Period of notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(ii)        Notice for Technological Change - This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (i) of subclause  (B) of this clause.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

(b)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time Off during the Notice Period -

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(b)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(iv)       Employee Leaving during the Notice Period  - If the employment of an employee is terminated  (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of Employment  - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(vi)       Notice to Centrelink  - Where a decision has been made to terminate the employment of employees, the employer shall   notify the Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Centrelink.

 

(viii)     Transfer to Lower-paid Duties  - Where an employee is transferred to lower-paid duties for reasons set out in subparagraph (a) of paragraph (i) of subclause  (B) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to   if the   employee's   employment had   been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time  rate of pay and the  new  ordinary-time rate  for  the  number of  weeks  of notice still owing.

 

(E)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to paragraph (i) of subclause  (D) of this clause, subject to further order of   the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

(a)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of service

Under 45 years of age entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)        Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of service

45 years of age and over entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(c)        "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward   payments, shift penalties and allowances paid in accordance with clause 4, Wages.

 

(ii)        Incapacity to Pay  - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

 

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

 

(iii)       Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause if the employer obtains acceptable alternative employment for an employee.

 

(F)        Savings Clause - Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy agreement, taken as a whole, between the union and any employer bound by this award.

 

 

25.       Grievance Handing and Dispute Procedure

 

(i)         Procedures relating to grievances of individual employees:

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion and resolution at higher levels of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(ii)        Procedures Relating to Disputes etc. Between Employers and their Employees

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

 

26.       Area, Incidence and Duration

 

 

This award shall apply to employees of the classifications specified herein employed in the ice cream manufacturing and/or storage industry within the Industries and Callings of this award.

 

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Ice Cream Cold Storage (State) Award published 4 December 1992 (272 IG 790), and all variations thereof.

 

The award published 4 December 1992 took effect from the beginning of the first pay period to commence on or after 18 October 1991.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 21 June 2001.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Adult Rates

 

 

Former Rate per week

Increase per week

Total Rate per week

 

 

incorporating SWC 2000,

 

 

 

SWC 1999, SWC 1998,

 

 

 

SWC 1997 and SWC 1994

 

 

$

$

$

 

 

 

 

Gd.1 Trainee

370.30

75.00

445.30

Gd. 2 General

 

 

 

Hand

 

 

 

Order Picker

 

 

 

Packer/Forklift

 

 

 

Driver

381.60

75.00

456.60

 

 

 

 

Gd. 3 Turret

 

 

 

Truck/Crane

 

 

 

Driver

395.40

75.00

470.40

Gd. 4 Leading

 

 

 

Hand

409.80

75.00

484.80

Gd. 5 Senior

 

 

 

Leading Hand

411.20

75.00

486.20

 

 

 

Table 2 - Other Rates and Allowances

 

Item No

Clause No

Brief Description

Amount ($)

1

3(iii)(d)

Afternoon Shift

12.55 per shift

2

5(ii)

Working in Freezing Room with a temperature -

Per hour

 

 

between 0OC and minus 180C

0.94

3

 

between minus 19OC and minus 250C

1.02

4

 

between minus 250C and below

1.44

5

8(vi)

Meal Allowance

4.90

 

 

F. MARKS,  J.

 

____________________

 

 

Industries and Callings

 

Employees in ice manufactories, and in cold storage works or chambers, persons delivering ice and carters, grooms, stablemen, yardmen, and drivers of motor or other power-propelled vehicles employed in connection therewith in the State, excluding the Counties of Northumberland and Yancowinna;

 

Excepting -

Engine drivers, firemen, greasers, trimmers, cleaners, and pumpers, engaged in or about the driving of engines, and electrical crane, winch and motor drivers;

 

And excepting also -

Employees at the Council of the City of Sydney and of the Riverstone Meat

Company Proprietary Limited at Riverstone.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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