PASTRYCOOKS (SPECIFIED WHOLESALERS) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19
of the Industrial Relations Act 1996.
(No. IRC 2248 of 1999)
|
Before Commissioner Patterson
|
18 June 2001
|
REVIEWED AWARD
ARRANGEMENT
PART 1 - GENERAL
Clause No Subject Matter
1. Title
2. Contract of Employment
3. Definitions
4. Occupational Superannuation
5. Hours of Work
6. Hours Payments / Rostered Days Off
7. Payment of Wages
8. Leave
9. Personal/Carer's Leave
10. Public Holidays
11. Jury Service
12. Meal Breaks and Refreshments
13. Relieving in a Higher Classification
14. Limitations of Weights
15. Enterprise Agreements
16. Introduction of Change
17. Disputes Procedure
18. Anti-Discrimination
19. Right of Entry
20. Area, Incidence and Duration
PART 2 - SPECIFIED WHOLESALERS
1. Definitions
2. Wages
3. Arbitrated Safety Net Adjustments
4. Part-time Employees
5. Casual Employees
6. Allowances
7. Overtime
8. Second Tier Agreements
1. Title
This Award shall be known as the Pastrycooks (Specified
Wholesalers) Award.
2. Contract Of
Employment
(i) Employees
shall be engaged on a full-time, part-time or casual basis.
(ii) Subject to
subclauses (iv) and (vi) of this clause, the employment of full-time and
part-time engaged employees may be terminated during the first month of
employment by 1 day's notice on either side and after 1 month's completed
employment by 1 week's notice given on either side at any time during the week,
or by the payment or forfeiture, as the case may be, of wages for the required
period of notice. Casual employees
shall be employed on an hourly basis.
(iii) 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 employment and classification, of the type of work performed, by the
employee.
(iv) Nothing in
this award shall affect the right of the employer to dismiss any employee
without notice for refusal of duty, malingering, inefficiency, neglect of duty
or misconduct and in such cases the wages shall be paid within 30 minutes after
dismissal. Where this is impracticable
due to weekend work, shift work or overtime work situation, then payment is to
be made available to the employee on the next working day.
(v) An employee
not attending for duty shall lose pay for the actual time of such
non-attendance, except where such non-attendance is subject to Clause 8 -
Leave; Clause 10 - Public Holidays; and Clause 11 - Jury Service.
(vi) Subject to
Clause 8 - Leave; Clause 10 - Public Holidays; and Clause 11 - Jury Service; an
employee who is absent without permission from work for a continuous period of
3 days shall be deemed to have abandoned employment without reasonable cause.
Termination of employment by abandonment in accordance with
this subclause shall operate as from the date of the last attendance at work or
the last day's absence in respect of which consent was granted, whichever is
the later.
(vii) Employees are
responsible for the care and safekeeping of all issues to them and shall return
each article to the employer on request or on termination of employment.
(viii) Employees
shall perform such duties, as the employer shall reasonably require. The employees
shall work reasonable overtime, day work and shiftwork as provided by the terms
of this award.
(ix) This clause
shall not affect the right of an employer to stand down any employee without
pay for any day or part of a day during which an employee cannot be usefully
employed because of any industrial action or any cause for which the employer
cannot be held responsible.
(x) In all such
instances as provided for in subclause (ix) of this clause, the employer shall
notify the Union and where practicable shall have prior discussions with the
Union.
3. Definitions
(i) FULL-TIME
EMPLOYEE - means an employee employed by the week to work an average of 38
hours per week.
(ii) PART-TIME
EMPLOYEE - means an employee employed by the week to work on a standard roster
of hours of less than 38 hours per week.
(iii) CASUAL
EMPLOYEE - means an employee employed by the hour and engaged and paid as such.
(iv) TRADESPERSON -
means a person who has (a) completed an indenture as an apprentice Pastry Cook
or (b) received a certificate of recognition from the Vocational Training Board
under the Industrial and Commercial
Training Act.
(v) APPRENTICE -
means a person who is indentured as an apprentice Pastry Cook for a period of 4
years.
(vi) WORK OF A
PASTRY COOK - means a person capable of doing each and all of the following -
weighing, mixing, baking, icing, piping or creaming, filling, ornamenting or
rolling paste or dough, by machine or hand, making muffins, crumpets, hot plate
goods, hamburger buns, doughnuts or fermented baked goods.
(vii) LEADING HAND -
means an employee appointed as such by the employer and who, while working
under supervision, gives instructions to and/or is responsible for work done by
other employees.
(viii) UNION - means
The National Union of Workers, New South Wales Branch
(ix) ASSOCIATION -
means The Baking Industry Employers Association of New South Wales.
(x) WHOLESALE
ESTABLISHMENT - means an establishment where the majority of trade involves the
transportation away from the establishment of goods to retail shops, canteens
or bulk consumers whether or not such retail shops, canteens or bulk consumers
are or are not controlled by the wholesale manufacturer.
4. Occupational
Superannuation
(i) The employer
shall pay on behalf of each full-time adult employee with 6 months continuous
service 3 per cent of the employee's ordinary rate of pay per week into a
superannuation fund meeting the requirements set down by the Commissioner for
Occupational Superannuation.
(ii) The employer
shall pay on behalf of each part-time employee with 6 months continuous service
working more than 20 hours per week 3 percent of the employee's ordinary rate
of pay into a fund meeting the requirements set down by the Commissioner for
Occupational Superannuation.
(iii) Where an
employee is absent on leave without pay, whether or not such leave is approved,
no contribution from the employer shall be due in respect of that employee, in
respect of the period of unpaid absence.
(iv) The obligation
of the employer to contribute to the fund in respect of an employee shall cease
on the last day of such employee's employment with the employer.
(v) From 6 August
1990 where an employer has failed to make application to participate in an
approved fund, the employer shall make application to participate in such fund
and upon acceptance by the Trustee shall make an initial contribution which
would have been payable under this award, had the employer made application to
participate in such fund and been accepted by the Trustee prior to the
operation of this award after which the employer shall then continue to make
payments as prescribed by this award.
Other than for back payment of contributions, the employee shall not be
entitled to:
(a) interest on
contributions; and/or
(b) death and
disability cover,
until such time as the employer becomes a member of such
fund that is the date of acceptance by the Trustees.
(vi) An employer
shall not be liable to contribute on behalf of any employee who refuses to sign
an application form as required by the Trust Deed of an approved 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
employee is a member of the union, such union shall be notified of the
employee's refusal.
(vii) Any employer
who at the date of variation of this award is already contributing to a
superannuation fund meeting the requirements set down by the Commissioner for
Occupational Superannuation in accordance with the Principle established in the
State Wage Case of December 1987 shall be exempt from this clause.
Notation: Employees
covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act,
1992 (Cth.) and the Superannuation
Guarantee (Administration) Act, 1992 (Cth.) and complimentary
legislation. Nothing in this notation,
however, shall be used to reduce any benefits enjoyed by employees as at the
date of making this award.
5. Hours Of Work:
(i) The ordinary
hours of work will be, on average, 38 per week.
(ii) The method of
implementation may be any one of the following methods:
(a) 38 hours per
week;
(b) 76 hours per
fortnight;
(c) 19 days per
20-day cycle;
(iii) In the
absence of agreement the parties will implement the procedures set out in
Clause 17, Disputes Procedure.
(iv) Different
methods of implementation of a 38-hour week may apply to various groups or
sections of employees in the establishment to suit the needs of operations.
(v) The ordinary
hours of daily work shall be notified to employees and shall specify the
commencing and finishing times of any day work or shift roster.
(vi) The time of
commencing and finishing day work or shift work in the establishment or section
of the establishment once having been determined by the employer may be varied
to suit the needs of the operation by agreement between the employer and the
majority of employees concerned at the establishment or section, or in the
absence of agreement by 7 days notice of alteration given by the employer to
the employees.
(vii) The method of
implementation of a 38-hour week, once having been determined, may be varied to
suit the operational requirements by agreement between the employer and the
majority of employees concerned at the establishment or section, or in the
absence of agreement by 1 month's notice of alteration given by the employer to
the employees.
(viii) SUBSTITUTED
DAYS -
(a) Where, in
accordance with paragraph (c) of subclause (ii) of this clause, a 38-hour week
is arranged so that a day off occurs each 20 days, an employer may substitute
the day an employee is to take off for another day in the case of machinery
breakdown or failure or shortage or power, or shortage of stocks or supplies to
meet the requirements of the business, or in other emergency situations. Such substitution shall be arranged after
consultation with the employees involved.
(b) Nothing in
this clause shall prevent agreement being reached between the employer and the
majority of employees at the establishment or section to substitute one day off
for another day.
(c) Where a day
off is substituted for another day, payment for the day worked is to be made
for ordinary hours, at the ordinary time wage rate.
(ix) DAILY
LIMITATION OF ORDINARY HOURS -
(a) Full-time
Employees - Ordinary hours shall be worked in either 4, 5 or 6 days and the
number of ordinary hours may not be less than 4 hours on any day, or more than
12 hours on any day.
(b) Casual or
Part-time Employees - The ordinary working hours of casual or part-time
employees shall not exceed 12 hours per day with a minimum payment on any day
of 4 hours.
(x) Details
relating to employees’ classifications, wages, allowances and overtime are
specified in Part 2 of this award.
6. Hours
Payments/Rostered Days Off
(i) Where the
ordinary hours of work are arranged in accordance with paragraph (c) of
sub-clause (ii) of Clause 5 - Hours of Work, so that an average of 38-ordinary
hours is worked weekly during a particular 4-week cycle, wages shall be paid
weekly according to the average ordinary hours worked per week in the 4-week
cycle even though more or less than 38 ordinary hours may be worked in any 1
week.
(ii) Where in
accordance with the said paragraph (c) 8 ordinary hours are worked daily, the
time worked shall be divided to provide 7.6 hours wages payment and 0.4 of an
hour work credit.
The daily work credit of 0.4 of an hour will accrue to provide
at the completion of each 4-week cycle fully worked, a work credit of 7.6
hours, which shall be due, and payable as and when the day off is taken, at the
appropriate ordinary time wage rate.
(iii) Where any
employee works less than 19 days in any 4-week cycle, payment for the day off
in connection with that work cycle shall be due and payable based on the total
work credit accrued during that work cycle at the appropriate ordinary time
wage rate.
(iv) Absences -
Where any employee fails to attend for duty on any day the employee shall not
be entitled to payment for the 7.6 hours wages payment or for the 0.4 of an
hour work credit for that day as prescribed in subclause (ii) of this clause.
Where any employee is absent for part of the day, the time
worked shall be allocated to provide the first 0.4 of an hour as the work
credit and the balance of the time worked as the hours wages payment for that
day.
(v) Leave - Where
any employee is entitled to paid leave for Sick Leave or Bereavement Leave, or
to a paid day for a Public Holiday, in accordance with the provisions of this
award, the entitlement shall be 8 hours to apply as 7.6 hours wages payment and
0.4 of an hour work credit.
Where an employee is entitled to paid Sick Leave, in
accordance with the provisions of this award and a day is taken, the employee's
entitlements to Sick Leave will be reduced by 8 hours.
7. Payment Of Wages
(i) Each employer
shall fix a pay period of no more than 7 days, which shall be common to all the
employees covered by this award and this period shall not be altered without 7
days notice: Provided that where
genuine agreement is reached with a majority of employees the pay period may be
extended. Such a variation shall be
subject to the consent of the Union, which shall not be unreasonably withheld.
(ii) All wages and
overtime shall be paid not later than 3 working days after the end of the pay
period, which shall be nominated by the employer and not changed without 7 days
notice.
(iii) Any time
exceeding 15 minutes during which an employee is kept waiting for payment shall
be paid for at the ordinary rate of pay.
(iv) Pay Slips -
Refer to Section 123 of the Industrial
Relations Act, 1996 and Clause 6 of the Industrial Relations General
Regulations.
8. Leave
(i) ANNUAL
LEAVE
(a) See Annual
Holidays Act 1944.
(b) Payment during
Annual Leave - All employees shall receive payment for annual leave periods
calculated at their ordinary rate of pay in accordance with the provisions of
the Annual Holidays Act 1944, and
shall, in addition, be paid all shift or early start allowances, relating to
ordinary time which the employee would have worked if the employee had not been
on annual holidays. Such payment shall
not include any penalty payment in respect of a public holiday occurring during
the annual holiday which the employee would have worked an ordinary shift.
(c) During a
period of annual leave an employee shall receive a loading calculated on the
rate of pay as prescribed by Part 2.
The loading shall be as follows: -
(1) 17 and a half
per cent; or
(2) the shift or
early start allowance an employee would have been entitled to in accordance
with paragraph (b) of this subclause provided that entitlement exceeds 17 and a
half per cent.
(d) The
entitlements prescribed in paragraph (c) of this subclause shall not apply to:
(1) pro rata leave
on termination;
(2) accrued leave
on termination except when the employment of an employee is terminated by the
employer for reasons other than those prescribed in subclauses (iv) and (vi) of
Clause 2 - Contract of Employment;
(3) annual leave
taken wholly or partly in advance, provided that the loading shall be paid if
and when an employee's leave entitlement falls due.
(e) In the event
of annual leave close-down an employee shall receive the entitlements
prescribed in paragraphs (b) and (c) of this subclause on a pro rata basis.
(ii) SICK LEAVE
(a) An employee on
weekly hiring who, after not less than 3 months' continuous service with the
employer, is unable to attend for duty during the employee's ordinary working
hours by reason of personal illness or personal incapacity not due to the
employee's own serious and wilful misconduct, shall be entitled to be paid at
ordinary time rates of pay for the time of such non-attendance subject to the
following conditions and limitations.
(1) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to workers' compensation.
(2) The employee
shall immediately, or as soon as reasonably practicable, notify the employer of
an inability to attend for duty, and as far as practicable, state the nature of
the illness or injury and the estimated duration of the absence.
(3) The employee
shall furnish a doctor's certificate or proof as required by the employer of an
inability on account of such illness or injury, to attend for duty on the day
or days for which sick leave payment is claimed.
(b) For the
purpose of this clause continuous service shall be deemed not to have been
broken by
(1) any absence
from work on leave granted by the employer;
(2) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall fall upon the employee):
Provided that any time so lost shall not be taken into account in
computing the qualifying period of three months.
(c) An employee
shall be entitled to paid sick leave not in excess of:
(1) 3-1/3 hours
for each month of service during the first year of employment;
(2) 48 hours
during the second year of employment;
(3) 64 hours
during the third year of employment;
(4) 80 hours
during the fourth and subsequent year of employment.
(d) Sick leave
shall accumulate from year to year, subject to continuous employment, provided
further than an employee shall not be entitled to accumulate sick leave for
more than 792 hours from the end of the year in which it accrues.
(e) To be read in
conjunction with clauses 6 (iv) and 6 (v) - Hours Payments.
(iii) BEREAVEMENT
LEAVE
(a) An employee,
other than a casual employee, shall be entitled to up to three days Bereavement
Leave, without deduction of pay on each occasion of the death in Australia of a
person as prescribed in Paragraph (c) of this subclause.
Provided further, an employee, other than a casual employee,
shall be entitled to a maximum of three days leave without loss of pay on each
occasion and on the production of satisfactory evidence of the death outside
Australia of an employee as prescribed in the said paragraph (c) where such
employee travels outside Australia to attend the funeral.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer, proof of death.
(c) 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 9 -
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.
(d) 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.
(e) Bereavement
Leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said Clause 9. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(iv) LONG SERVICE
LEAVE
See Long Service Leave
Act 1955.
(v) PARENTAL
LEAVE
See Industrial
Relations Act 1996.
(vi) WORKERS'
COMPENSATION AND REHABILITATION
See Workers'
Compensation and Rehabilitation Act 1987 and the Workplace Injury Management and Workers' Compensation Act 1998.
9. 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 8(ii)
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 too that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
2. UNPAID LEAVE
FOR FAMILY PURPOSE
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. ANNUAL LEAVE
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. TIME OFF IN
LIEU OF PAYMENT FOR OVERTIME
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. MAKE-UP TIME
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
6. ROSTERED
DAYS OFF
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, 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 employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
10. Public Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day
or any other gazetted public holiday are observed and special days appointed by
proclamation as public holidays shall be holidays under this award and no
deduction shall be made from the weekly pay of an employee in which any of the
above named holidays fall if the employee is not required to work on any of
such holidays.
(ii) An employee
required to work on any of the holidays named in subclause (i) of this clause
shall, for all time worked on any such holidays, be paid in accordance with
Part 2.
(iii) An employee
absent without leave on the working day immediately preceding an award holiday
or holidays, or on the working day immediately succeeding such holiday or
holidays, shall forfeit wages for the days of absence including the holiday or
holidays, except where such absence is due to illness of the employee or to
another reasonable cause proof whereof shall be upon the employee.
(iv) Employees'
picnic day shall be a recognised holiday.
It shall be observed on the third Wednesday of February. Where an employer requests an employee to
work on such a day, the employee will nominate an alternative day and notify
the Union at least one month in advance.
(v) A special day
appointed by proclamation as a public holiday shall be a holiday under this
award only within the district specified in the proclamation.
11. Jury Service
(i) An employee
required to attend for jury service during ordinary working hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time that would have
been worked had the employee not been on jury service.
(ii) An employee
shall notify the employer as soon as possible of the date required to attend
for jury service. Further, the employee
shall give the employer proof of attendance, the duration of such attendance
and the amount received in respect of such jury service.
12. Meal Breaks And
Refreshments
(i) Each day's
work shall be worked in an unbroken shift except for meal breaks or
refreshments.
(ii) Non-paid meal
breaks shall be as arranged between the employer and the employee but in no
case shall the meal breaks of an employee exceed one hour in the aggregate in
any one day and not less than half an hour in any one break unless mutually
agreed by the employer and the employee:
Provided that an employee shall not, in general, be required to work
more than five hours without a break for a meal.
(iii) During any
shift of eight hours or more, employees shall be allowed opportunities for a
paid refreshment break or breaks of no more than twenty minutes duration in
aggregate and not less than five minutes for any one break, in such manner as
to not interfere with the continuous running of the establishment.
13. Relieving In A
Higher Classification
Any employee performing the work of a higher paid
classification than the employee's usual classification, for 1 hour or more on
any day, shall be paid at the rate for the higher paid classification for the
time the employee performs such higher paid work.
14. Limitation Of
Weights
(i) See
OCCUPATIONAL HEALTH AND SAFETY ACT AND REGULATIONS.
15. Enterprise
Agreements:
(i) As part of
the Structural Efficiency exercise and as an on-going process, the parties
agree that discussion should take place at an enterprise level to provide more
flexible working arrangements, improvement in the quality of working life, enhancement
of skills, training and job satisfaction, and positive assistance in the
restructuring process. The union
delegates at the place of work may be involved in such discussions.
(ii) The terms of
any genuine agreement reached between an employer and employee(s) in any
establishment shall substitute for the provisions of this award to the extent
that they are contrary provided that:
(a) Employees
genuinely agree.
(b) Such agreement
is consistent with the Principles as laid down by the State Wage Case of August
1989, or with such Principles as may be then current.
(c) Such agreement
is processed in accordance with sub-clause (iii) of this clause.
(d) Agreement
shall not be unreasonably withheld, having regard to the productivity and
efficiency of the enterprise and the interests of the employees.
(e) Such agreement
shall be designed to substitute for one or more of the following clauses in
this award:
2. Contract of
Employment
3. Definitions
4. Occupational
Superannuation
5. Hours of Work
6. Payment of
Wages
7. Leave
10. Meal Breaks
and Refreshments
11. Relieving in a
Higher Classification
14. Introduction
of Change
15. Disputes
Procedure
(iii) Enterprise
Agreements shall be processed as follows:
(a) All employees
will be provided with the current provisions (e.g., Award or Industrial
Agreement) that apply at the establishment.
(b) (1) Where agreement is reached between the
employer and employee(s) or the authorised Representative(s) at an
establishment, such agreement shall be committed to writing in the form set out
in Part 2; or
(2) Where
agreement is reached between the employer and an absolute majority of permanent
employees under this award at an establishment, such agreement shall be
committed to writing in the form set out in Part 2.
(c) The agreement
shall be signed by the employer, or their duly authorised representative(s),
the employee(s), or the authorised representative(s) with whom agreement was
reached, and shall be sent to the union and the employer association, if any,
of which the employer is a member.
(d) If no party
objects to the agreement, then a consent application shall be made to the
Industrial Relations Commission of New South Wales or to the Industrial
Committee to have the agreement ratified.
(e) Such agreement
when ratified shall be displayed on a notice board at each establishment or
enterprise affected.
(f) Nothing in
this section removes any of the rights bestowed upon a party to the award under
the Industrial Relations Act 1996.
(g) No employee
shall suffer a reduction in earnings as a result of any agreement reached.
16. Introduction Of
Change
(i) Employer's
Duty to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required; the elimination of 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 the 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 the introduction of the changes
referred to in subclause (i) of this clause, the effects the changes are likely
to have on employees, 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 their 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 subclause (i)
of this clause.
(c) For the
purposes of such discussion, the employer shall provide in writing to the
employees concerned all relevant information about the changes including the
nature of the changes proposed; the expected effects of the changes on
employees and any other matters likely to affect employees; provided that any
employer shall not be required to disclose confidential information the
disclosure of which would be inimical to the employer's interests.
17. Disputes
Procedure:
(i) Subject to
the Industrial Relations Act, 1996,
any grievance, dispute or claim arising out of or relating to this award shall
be dealt with in the following manner
(a) Should any
matter arise which gives cause for concern to an employee, the employee shall
raise the matter with the immediate supervisor.
(b) If the matter
remains unresolved it shall be referred to the union delegate who shall consult
with the appropriate representative of the employer.
(c) If the matter
remains unresolved it shall be referred to the Secretary of the union (or
representative). This official shall
discuss the matter with a senior representative of the employer.
(d) If the matter
remains unresolved it may be submitted to the Industrial Relations Commission
of New South Wales, whose decision shall, subject to any appeal in accordance
with the Industrial Relations Act,
1996, be final.
(e) Whilst the
above procedure is being followed, work shall continue as normal in accordance
with this award.
(f) No party
shall be prejudiced as to final settlement by the continuance of work in
accordance with this clause.
(g) The parties
shall, at all times, confer in good faith and without undue delay.
(h) In the event
of industrial action taking place, the union will endeavour to consult with all
NUW members covered by this award at the site affected, before such action
occurs.
18.
Anti-Discrimination
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,
age and responsibilities as a carer.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
3. Under the Anti-Discrimination Act, 1977, it is
unlawful to victimize an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically 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.
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.
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 the 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."
19. Right Of Entry And
Inspection
See Chapter 5, Part 7 of the Industrial Relations Act, 1996.
20. Area, Incidence
And Duration
(a) This Award
shall apply to:
(i) The
classifications of employees specified in Part 2 within the industries and
callings of Clause 2 of the Biscuit, Cake Makers and Pastrycooks, &c.
(State) Industrial Committee of this award employed or engaged by the employers
specified in Part 2 of this award.
(ii) Apprentices
to the trade of pastry cooking, being a trade declared for the purpose of the
Industrial and Commercial Training Act
by the Industrial and Commercial Training (Declared Trades and Declared
Callings) Orders, 1989.
(b) This award is
made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Pastrycooks (Specified) Wholesalers) Award published 30 April 1999 (309 I.G.
177) and all variations thereof.
(c) The Award
published 30 April 1999 took effect from the beginning of the first pay period
to commence on or after 27 April 1998 and the variations thereof incorporated
herein on the dates set out in the attached Schedule A.
(d) 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) are
set out in the attached Schedule B and take effect on 18 June 2001.
(e) This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule A
Awards and Variations Incorporated
|
Clause
|
Award/Variation Serial No.
|
Date of Publication
|
Date of taking Effect
|
Industrial Gazette
|
|
|
|
|
|
Vol.
|
Page
|
|
Pastrycooks (Specified Wholesalers) Award
|
B6335
|
30th April 1999
|
27th April 1998
|
309
|
177
|
|
Part 2, Clause 2
|
B6873
|
2nd July 1999
|
6th October 1998
|
309
|
1045
|
|
Part 2, Clause 2
|
B8557
|
20th April 2000
|
6th October 1999
|
315
|
15
|
|
15A
|
B8212
|
28th April 2000
|
3rd June 1999
|
315
|
389
|
|
7
|
B9038
|
28th April 2000
|
10th December 1998
|
315
|
443
|
Schedule B
Changes Made on
Review
Date of Effect: 18
June 2001
Provisions Modified -
PASTRYCOOKS (SPECIFIED WHOLESALERS) AWARD
|
CLAUSE
|
Previous Form of
Clause Last Published at
|
|
|
I.G. Vol.
|
Page
|
|
AWARD: Pastrycooks (Specified Wholesalers)
|
|
|
|
Award
|
|
|
|
1
|
309
|
177
|
|
2
|
309
|
177
|
|
3
|
309
|
177
|
|
4
|
309
|
177
|
|
5
|
309
|
177
|
|
6
|
309
|
177
|
|
7
|
315
|
443
|
|
8
|
309
|
177
|
|
9
|
309
|
177
|
|
10
|
309
|
177
|
|
11
|
309
|
177
|
|
12
|
309
|
177
|
|
13
|
309
|
177
|
|
14
|
309
|
177
|
|
15
|
309
|
177
|
|
15A
|
315
|
389
|
|
16
|
309
|
177
|
|
17
|
309
|
177
|
|
Part 2
1
|
309
|
177
|
|
2
|
315
|
15
|
|
3
|
309
|
177
|
|
4
|
309
|
177
|
|
5
|
309
|
177
|
|
6
|
309
|
177
|
|
7
|
309
|
177
|
|
8
|
309
|
177
|
|
|
|
|
PART 2
APPENDIX 1 - SPECIFIED WHOLESALERS
1. DEFINITIONS:
(a) Employer -
means Vrachnas Betabake Pty. Ltd.
(b) Foreperson/Supervisor
- means a person in charge of the bakehouse employees.
(c) Pastry
Cook/Tradesperson - means a tradesperson who is employed to do the work of a
pastry cook.
(d) Pastry
Cook/Other - means a person who is not a tradesperson who is employed to do the
work of a pastry cook.
(e) Head Packer -
means a person who is in charge of the packing room or in charge of packers.
(f) Stacker
(Licensed) - means a person who is mainly engaged in the transportation,
lifting and stacking of cakes, pastry and other goods by fixed or mobile or
mechanical or electrical appliances.
(g) Motor Van
Driver - means a person who is employed in loading and unloading and driving or
delivering by a motor or other power driven vehicle.
(h) Checker/Loader
- means a person who is employed to check the make-up of orders and stack the
loaded trays.
(i) Packer Group
1 - means a person who is engaged in packing pastry and pastry cooking goods
manually and/or in association with packing machinery and who, from time to
time, may be required to lift weights of 16 kilograms or more.
(j) Packer Group
2 - means a person who is engaged in packing pastry and pastry cooking goods
manually and/or in association with packing machinery and who cannot lift, and
whose duties do not include the lifting of, from time to time, weights of 16
kilograms or more.
(k) Assistant
Group 1 - means a person who is engaged washing cartons, trays and boxes.
(l) Assistant
Group 2 - means:
(1) a person who
is employed icing, piping, creaming, filling by machine or hand or shaping by
machine and who is not employed as a pastry cook.
(2) a person who
is employed to do general duties and who, from time to time, may be required to
lift weights of 16 kilograms or more.
(m) Assistant Group
3 - means a person who is employed to do general duties, and who cannot lift,
and whose duties do not include the lifting of, from time to time, weights of
16 kilograms or more.
2. Wages
(i) FULL-TIME
EMPLOYEES
(a) Adults -
Any employee 21 years of age or over shall be paid not less
than the minimum award wage rates of pay set out opposite the classification
which the employee is allocated by the employer.
|
Classification
|
Former Award Wage
|
Minimum Award
|
|
|
Rate (Per Week)
|
Wage Rate (Per
Week)
|
|
|
$
|
$
|
|
|
6 October 1999
|
6 October 2000
|
|
Foreperson/Supervisor
|
485.90
|
500.90
|
|
Pastry Cook/Tradesperson - Employed Ornamenting
|
458.70
|
473.70
|
|
Pastry Cook/Tradesperson
|
456.40
|
471.40
|
|
Pastry Cook/Other
|
429.40
|
444.40
|
|
Head Packer
|
469.10
|
484.10
|
|
Stacker (Licensed)
|
436.70
|
451.70
|
|
Motor Van Driver
|
432.10
|
447.10
|
|
Checker / Loader
|
417.20
|
432.20
|
|
Packer Group 1
|
414.70
|
429.70
|
|
Packer Group 2
|
406.40
|
421.40
|
|
Assistant Group 1
|
416.80
|
431.80
|
|
Assistant Group 2
|
410.80
|
425.80
|
|
Assistant Group 3
|
406.00
|
421.00
|
(b) Juniors -
The minimum rate of pay for all unapprenticed employees
under the age of 21 years shall be ascertained by applying the following
percentage to the appropriate adult rate of pay as prescribed in subparagraph
(1) of this paragraph to the classification of work to which the junior is
allocated by the employer. Junior rates
will be calculated to the nearest 5 cents, any broken part of 5 cents in the
result not exceeding 2½ cents to be disregarded.
|
Classifications
|
Percentage
|
|
Under 18 Years of Age
|
56
|
|
At 18 Years of Age
|
65
|
|
At 19 Years of Age
|
70
|
|
At 20 Years of Age
|
80
|
(c) Apprentices
-
The minimum rate of pay for apprentices shall be ascertained
by applying the rate of pay set out opposite the year of an apprentice's
indenture.
|
Classification
|
Former Award Wage
|
State Wage Case
|
Minimum Award
|
|
|
Rate (Per Week)
|
$
|
Wage Rate
|
|
|
$
|
June 2000
|
(Per Week)
|
|
|
6 October 1999
|
|
$
|
|
|
|
|
6 October 2000
|
|
1st Year
|
232.70
|
7.20
|
239.90
|
|
2nd Year
|
264.80
|
8.20
|
273.00
|
|
3rd Year
|
304.10
|
9.40
|
313.50
|
|
4th Year
|
369.30
|
11.80
|
381.10
|
(d) Adult
Apprentices - The minimum rate of pay for adult apprentices (21 years of age
and over), shall remain at the second year rate for the first 2 years of the
indenture.
3. Arbitrated Safety
Net Adjustments
(a) The rates of
pay in this Award include the first, second and third arbitrated safety net
adjustments ($8 per week each - 8 March 1994; 8 May 1995, 27 April 1998),
payable under the State Wage Case - December 1994 Decision. All the above safety net adjustments may be
offset to the extent of any wage increase received at the enterprise level
since 29th May 1991. Increases made
under previous State Wage Case principles or under the current principles,
excepting those resulting at the enterprise level, are not to be used to offset
arbitrated safety net adjustments.
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case of
May 2000. These adjustments may be
offset against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increase since 29 May 1991, other than Safety Net, State Wage Case, and Minimum
Rates Adjustments.
4. Part-Time
Employees
(a) Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38.
In addition, part-time employees are entitled to all forms
of leave in accordance with Clause 7.
(b) All
entitlements of this Award shall apply to a part-time employee on a pro-rata
basis.
5. Casual Employees
Casual Employees shall be paid an hourly rate equal to the
appropriate weekly rate divided by 38, plus 15 per cent. In addition, casual employees are entitled
to pro rata:
(1) annual leave
in accordance with subclause (i) of Clause 8 - Leave;
(2) long service
leave in accordance with subclause (iv) of Clause 8 - Leave.
6. Allowances
(a) Day Shift
(1) means any
shift of ordinary hours which commences at or after 2.00am and finishes at or
before 6.00pm
(2) shall be paid
at the rate of 30% above the ordinary rate of pay for time worked between
2.00am and 5.00am.
(b) Afternoon
Shift
(1) means any
shift of ordinary hours that finishes after 6.00 p.m. and at or before
midnight.
(2) shall be paid
at the rate of 15% above the ordinary rate of pay for the whole of the shift.
(3) does not
include a day shift that is working overtime.
(c) Night Shift
(1) means any
shift of ordinary hours that finishes subsequent to midnight and at or before
8.00 a.m.; or
(2) any shift of
ordinary hours commencing subsequent to midnight and at or before 2.00 a.m.
(3) shall be paid
at the rate of 30% above the ordinary rate of pay, for the whole of the shift.
(4) does not
include an afternoon shift that is working overtime.
(d) Saturday Work
- All time worked on Saturday shall be paid at the rate of time and one-half
for the first 4 hours and double time thereafter, with a minimum payment of 4
hours for each start.
(e) Sunday Work -
All time worked on Sunday shall be paid at the rate of double time; with a
minimum payment of 4 hours for each start.
(f) Public
Holiday Work - All time worked on a public holiday shall be paid at the rate of
double time and one-half, with a minimum payment of 4 hours for each start.
(g) Easter
Provisions - An employee required to work after the time fixed for the
cessation of the ordinary hours of work during the period commencing 6.00pm on
Tuesday preceding Good Friday in each and every year terminating at 12 midnight
on the Thursday preceding Good Friday shall be paid double time for all such
hours worked between 6.00pm and 5.00am on the Tuesday and Wednesday and 6.00pm
and 12 midnight on Thursday.
This sub-clause shall only apply to those employees directly
employed in the manufacture of Easter buns.
(h) Leading Hands
- An employee appointed by the employer as a leading hand shall receive the
following weekly allowance in addition to the appropriate rate for the
employee's classification.
|
In Charge of
|
Per Week $
|
|
10 employees or less
|
15.30
|
|
11 to 20 employees
|
28.00
|
|
20 employees or more
|
32.85
|
(i) Freezer/Cool
Room - An employee who during the course of employment is mainly required to
work in freezers shall be paid -
(1) between 0 and
8 degrees Celsius (inclusive) - $2.55 per day extra;
(2) between 0
degrees Celsius and minus 18 degrees Celsius (inclusive) - $4.30 per day extra;
(3) below minus 18
degrees Celsius - $7.15 per day extra.
In addition, an employee required to work in temperatures
below 7.2 degrees Celsius shall be provided with suitable headgear, gloves and
protective clothing.
(j) First-aid -
An employee appointed by the employer as a first-aid attendant and who is
qualified shall be paid $9.60 per week extra.
(k) Meal - An
employee required to work overtime for more than 2 hours after finishing time
on any day, shall be paid $7.90 for meal money, unless 24 hours notice has been
given.
(l) Laundry -
Uniforms where required by the employer shall be supplied by the employer. Where the employee is required to wear and
launder a uniform, the employee shall receive $6.47 per week extra.
(m) Collecting
Monies - An employee employed as a motor van driver when collecting cash for
the employer shall be paid $5.77 per week extra. In addition, the employer shall provide a suitable cash bag.
(n) Driving
Licence - After 6 month's service an employee employed as a motor van driver
shall be reimbursed by the employer the fees paid annually for the driving
licence.
(o) Apprentices -
An apprentice who obtains and hands to the employer a certificate or statement
of having passed the yearly technical college examination shall be paid $4.50
per week for the ensuing 12 months.
Every apprentice who successfully completes the 2½-year trade course
shall be paid $12.50 per week.
7. Overtime
(a) Full-time
Employees - In computing overtime for full-time employees, such calculations
shall be made as follows:
(1) When
implementing the hours of work under paragraph (a) of sub-clause (ii) of Clause
5 - Hours of Work, all time worked in excess of 38 hours per week or in excess
of the daily limitations as prescribed by sub-clause (x) of Clause 5, shall be
calculated on a weekly basis at the rate of time and one half for the first 8
hours and double time thereafter, provided that no overtime shall be paid for
twice.
(2) When
implementing the hours of work under paragraph (b) of sub-clause (ii) of Clause
5, all the time worked in excess of 40 hours and 38 hours of the respective
weeks or in excess of the daily limitations as prescribed by sub-clause (x) of
clause 5, shall be calculated on a weekly basis at the rate of time and one
half for the first 8 hours and double time thereafter, provided that no
overtime shall be paid for twice.
(3) When
implementing the hours of work under paragraph (c) of sub-clause (ii) of clause
5, all time worked in excess of 40 hours and 32 hours of the respective weeks
or in excess of the daily limitations as prescribed by sub-clause (x) of the
said clause 5, shall be calculated either:
on a weekly basis at the rate of time and one half for the first
8 hours and double time thereafter; or
on a daily basis at the rate of time and one half for the
first 2 hours and double time thereafter.
(b) Part-time and
Casual Employees - Overtime will be computed daily. All time worked in excess of the daily limitations of hours
prescribed by sub-clause (x) of Clause 5 - Hours of Work, shall be overtime. Overtime shall be paid for at the rate of
time and one half for the first 2 hours and double time thereafter.
(c) Rest Period
After Overtime - When overtime is worked, it shall, wherever reasonably
practicable, be so arranged that the employees have at least 10 consecutive
hours off duty between the work of successive days.
If, on the instruction of the employer, such an employee
resumes or continues to work without having had such 10 consecutive hours off
duty, the employee shall be paid at double time until the employee has had 10
consecutive hours off duty without loss of pay for ordinary hours occurring
during such absence.
8. Second Tier
Agreements
Vrachnas Betabake Pty. Ltd - To the extent necessary to give
effect to them, the provisions of Exhibit 11 in matter Number 1398 of 1989 and
Numbers 145 and 1732 of 1988, shall apply in place of any provision of this
award.
R. J.
PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.