BREWERIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 2234
of 1999 and 906 of 2001)
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Before Commissioner Patterson
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9 July 2001
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REVIEWED AWARD
Arrangement
PART A
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Clause No
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Subject Matter
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1.
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Title
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2.
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Wages
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3.
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Service Increments
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4.
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Definitions
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5.
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Hours
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6.
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Overtime
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7.
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Saturday Work
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8.
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Sunday and Holiday Work
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9.
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Public Holidays
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10.
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Sick Leave
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11.
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Personal/Carer's Leave
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12.
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Annual Leave
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13.
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Long Service Leave
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14.
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Mixed Functions
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15.
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Bereavement Leave
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16.
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Repatriation Leave
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17.
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Paid Leave for Blood Donors
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18.
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Jury Service
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19.
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Trade Union Training
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20.
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Industrial Matters
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21.
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Union Meetings
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22.
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Payment of Wages
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23.
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Waterproof Clothing and Boots
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24.
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Terms of Employment
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25.
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Abandonment of Employment
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26.
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Health and Safety
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27.
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Disputes and Industrial Grievance Procedure
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28.
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Union Delegates
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29.
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Structural Efficiency
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30.
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Training
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31.
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Retirement Plans and Superannuation
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32.
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Anti-Discrimination
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33.
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Redundancy and Technological Change - Application
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34.
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Introduction of Change
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35.
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Redundancy
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36.
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Termination of Employment
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37
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Severance Pay
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38.
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Area, Incidence and Duration
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Schedule A
Schedule B
PART B
MONETARY RATES
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Table 1
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Rates of Pay
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Table 2
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Other Rates and Allowances
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PART A
1. Title
This award shall be known as the Breweries (State) Award.
2 Wages
(i) The minimum rates of pay for adults
shall be the rates assigned to the classifications set out in Table 1 - Rates
of Pay, of Part B, Monetary Rates.
(ii) Allowances - The following allowances
shall be as set out in Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates:
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(a)
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Leading hands in charge of not more than 10 people
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Item 1
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(b)
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Leading hands in charge of more than 10 people
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Item 2
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(c)
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Employees in brew house and refrigerated cellars
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Item 3
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(d)
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Employees qualified and authorised to act as first-aid
attendant
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Item 4
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(e)
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Shift workers, as defined (provided that employees on a
rotating five-day roster shall receive an additional amount as set out in
Item 5 in respect of each night shift worked).
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Item 5
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(f)
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Employees on seven-day continuous shift roster, in lieu of
any other shift allowance
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Item 6
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(g)
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Shift worker on 12-hour rostered shifts
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Item 7
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(h)
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An employee who has been trained to use, and is required
to use, battery-operated pedestrian forklift trucks in the course of his/her
duties shall be paid a skill allowance per week, as set out in Item 8 of
Table 2, for all purposes in addition to the wage prescribed in this clause.
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Item 8
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(i)
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An employee who wears a uniform provided by the employer
at all times whilst on duty and keeps it in an acceptable state of repair and
cleanliness shall be paid an additional amount per week as set out in Item 9
of Table 2, when attending for duty.
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Item 9
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(j)
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A forklift driver who has been trained to use, and who is
required by the employer to use, hydraulic grab attachments on forklift
trucks during the course of his/her duties, shall be paid per week extra the
amount as set out in Item 10 of Table 2.
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Item 10
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3. Service Increments
In addition to the rates prescribed in Table 1 - Rates of
Pay, of Part B, Monetary Rates, an employee shall receive an amount each week
in respect of their service with the employer, as provided in Item 11 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates. This service allowance does not form part of
the rate of pay for all purposes (e.g., overtime) but shall be paid for all
authorised absences (annual leave, including the annual leave loading, long
service leave, etc.).
4. Definitions
"Fermentation Person " means an employee who:
(a) cools wort to the temperature selected
by the brewing supervisor, adds yeast and fills the appropriate fermenter also
determines gravities and at temperatures as required;
(b) transfers beer at end of fermentation to
maturation, operates beer chillers, centrifuges, blending and adding finings as
required;
(c) performs other operations associated
with the above functions as detailed in exhibits and evidence presented in
Compulsory Conference No. 24 of 1977.
"Brewhouse Complex Operator" means an employee
responsible for conducting any of the following procedures: mashing, running
off lauter tuns, boiling of wort and pumping of hot wort receivers and also
means an employee who is responsible for the intake and storage of liquid
sugar, allocation and measuring of hops, as specified, and control of malt
intake.
"Fermentation Person" means an employee who takes
cooled wort, adds yeast and fills appropriate fermenters and determines
gravities and at temperates as required.
"Beer Runner (Storage)" means an employee who
takes beer from the fermenters, cools it and fills the appropriate storage
tanks, and is responsible for quantity and temperature.
"Filterman" means an employee who filters and
pasteurises beer from storage into appropriate bright beer tanks, and is
responsible for clarity, CO2 and quantity.
"Beer Runner (Bulk or Packaged Beer)" means an
employee who takes beer from bright beer tanks after ensuring correct clarity,
CO2 quantity, and maintaining supply to racking, bottling or canning machines.
"Separator Plant Operator" means an employee who
operates a plant, which separates beer or wort from yeast and other solids and
operates, associated equipment.
"Wort Cooler" means an employee who receives boiling
wort from the kettle person, separates trub from wort, cools the wort to the
temperature selected by the brewer and passes the cooled wort to the cellar
person.
"Leading Hand" means an employee who, in addition
to his/her other duties, is required to direct the work and/or conduct during
working hours of other employees.
"Security Officer" means a person who is employed
to watch, guard or protect premises and/or property.
"Security Officer/Controller (Carlton & United
Brewery (NSW) Pty Limited)" means a security officer who has demonstrated,
to his/her employer's satisfaction, his/her additional competency in operating
closed circuit television monitoring equipment, and associated electronic gate
opening and closing devices.
"Casual employee" shall mean and be deemed to be
any employee engaged for a period of less than five days a week, Monday to
Friday, inclusive, and shall be paid 25 per cent extra per hour.
"Store person/Driver" means an employee who, in
addition to their usual stores duties, is required to perform driving duties
incidental to the stores function on a regular basis. The driving duties would require the employee to drive a vehicle
for which a Class 1 Motor Vehicle Driver's Licence is required.
5. Hours
(i) For employees not working on shift
work, the ordinary hours shall be an average of 35 per week to be worked on
nine days per fortnight, excluding Saturdays and Sundays, according to a roster
prepared by the employer. The ordinary
hours to be worked on any day shall not exceed 8 hours. The said hours shall be exclusive of a 45
minutes and shall be worked between 6.00 a.m. and 6.00 p.m. An employee shall not be required to take a
meal break within four hours of their ordinary starting time or work longer
than five hours from their ordinary starting time without a meal break. Provided that in any instance where it is
not possible to grant the meal break within five hours of the ordinary starting
time, all time after the said five hours shall be treated as time worked and
paid for at time and one-half, i.e., half-time extra, until released for a meal
break of 45 minutes.
(ii) Shift workers shall mean and be deemed
to be two or three sets of employees working 16 hours or 24 hours respectively
by shifts of not more than eight hours duration in sequence and, without
limiting the foregoing, shall include all watchmen and those gatekeepers who
work shift work. They shall work their
shift straight out, including crib time of at least 20 minutes during each
shift.
The ordinary working hours for
shift workers shall not exceed an average of 35 per week to be worked according
to a shift roster prepared by the employer, and each shift shall consist of not
more than eight ordinary hours. The
average 35 hours per week may be obtained by rostering shifts on a cycle of up
to five weeks' duration. A roster when
put into operation shall not, except in the case of emergency, be altered
without seven days' notice of such alteration being given to the employees
concerned. Shift workers may relieve
one another before the end of a shift without any liability on the part of an
employer to pay overtime rates for time worked beyond the eight hours per
shift.
(iii) There shall
be a fixed time of starting and ceasing work for each employee which shall not,
except in the
case of emergency, be altered by
the employer without seven days' notice.
(iv) The union and a company may agree upon
the working of fixed shifts in any specified area of that company's operations
and employees working in accordance with such an agreement shall be shift
workers. An employee on a fixed
afternoon or fixed night shall be paid a shift penalty as provided in Item 5 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(v) Notwithstanding anything contained elsewhere
in this award, the hours of shift workers employed at the Kent Brewery of
Carlton and United Breweries (NSW) Pty Limited will be as follows:
(a) Shift workers - Carlton and United
Breweries (NSW) Pty Limited - Kent Brewery, shall mean and be deemed to be sets
of employees working 16 hours or 24 hours respectively by shifts of not more
than 12 hours duration in sequence.
They shall work their shift straight out, including crib time of at
least 20 minutes during each shift.
(b) The ordinary working hours for shift
workers shall not exceed an average of 35 per week to be worked according to a
shift roster prepared by the employer, and each shift shall consist of not more
than 12 ordinary hours.
(c) The average of 35 hours per week may be
obtained by rostering on a cycle of up to eight weeks duration. A roster when put into operation shall not,
except in the case of emergency, be altered without seven days' notice of such
alteration being given to the employees concerned. Shift workers may relieve one another before the end of a shift
without any liability on the part of the employer to pay overtime rates for
time worked beyond the ordinary hours of a particular shift according to the
roster.
6. Overtime
(i) For all time worked by day workers in
excess of the hours prescribed in Clause 5, Hours, payment shall be made at the
rate of time and one-half for the first two hours and double time thereafter.
(ii) For work done by an employee on shift
outside the ordinary hours of his/her shift, double time shall be paid.
(iii) An employee required to work overtime for
2 hours or more prior to a normal starting time or 2 hours or more at the end
of a day or shift shall be paid a meal allowance as set in Item 12 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, provided that a
transportation employee may also qualify for the payment of meal money should
they work after 6.00 p.m.
(iv) An employee who commences duty at or
before 6.00 a.m. and who continues to work beyond 6.00 p.m. on that day shall
be paid a breakfast allowance as set out in Item 13 of the said Table 2 in
addition to other meal payments prescribed in this clause.
(v) An employee who works so much overtime
between the termination of their ordinary work on one day and the commencement
of their ordinary work on the next day that they have not had at least the
prescribed number of hours off duty between those times, shall be released
after completion of such overtime until they have had the prescribed number of
hours off duty without loss of pay for ordinary working time occurring during
such absence. If, on the instructions
of the employer, such an employee resumes or continues work without having had
the prescribed number of hours off duty they shall be paid at double rates
until they are released from duty for such period and they then shall be
entitled to be absent until they have had the prescribed number of hours off
duty without loss of pay for ordinary working time occurring during such
absence. The prescribed number of hours
shall be 10 except where:
(a) a 5-day shift worker is not relieved at
the end of their rostered shift and works to cover a single shift absence at
short notice of the relieving employee, or for the purposes of regulating the
change of shifts or in respect of arrangements made between employees
themselves, when the prescribed number of hours shall be 8; or
(b) where a shift worker is not relieved at
the end of his/her rostered shift and works to cover a single shift absence of
the relieving employee, or in the case of a day worker, when the break actually
taken between the immediately preceding two shifts was not less than 10 hours,
or for the purposes of regulating the change of shifts or in respect of
arrangements made between employees themselves, when the prescribed number of
hours shall be 8.
(vi) Where an employee is required by his/her
employer to work more than eight ordinary days or shifts during nine
consecutive days, the ninth day or shift shall be deemed to be overtime, and
shall be paid at the appropriate overtime rate.
(vii) An employer shall not require a 7-day
shift worker to work a double shift except in exceptional circumstances.
(viii) An employee recalled after having left
his/her place of work-to-work overtime shall be paid in accordance with the
practices applying at each company.
7. Saturday Work
(i) A shift worker shall be paid for work
performed between midnight Friday and midnight Saturday at the rate of time and
one-half, unless he/she is working overtime between such hours, in which case
his/her payment shall be as prescribed by Clause 6, Overtime.
(ii) An employee not working on shift and who
is required to work on Saturday shall be paid for a minimum of four hours at
the appropriate overtime rate.
8. Sunday and Holiday Work
(i) All time on duty by an employee on
Sunday shall be paid for at the rate of double time, which shall be in lieu of
any rate otherwise payable. Minimum
payment to be four hours.
(ii) All time on duty by an employee on a
public holiday provided by this award shall be paid for at double time and one
half. Minimum payment to be four hours.
9. Public Holidays
The days on which the following days are ordinarily observed
shall be public holidays: New Year's Day, Australia Day, Good Friday, Easter
Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day,
Picnic Day of the Australian Liquor, Hospitality and Miscellaneous Workers
Union, New South Wales Branch (which shall be held on the third Monday in
February) and all other gazetted holidays observed throughout the State.
An employee shall not be called upon to work on a public
holiday unless he/she shall have received 24 hours' notice of such duty;
provided that in the event of any of the said public holidays falling on a
Sunday and another day in the following week being observed in lieu thereof
throughout the State, then the latter shall be the day to be observed under
this part of this award.
No deduction shall be made from the wage of any employee
engaged by the week because of absence from work on a public holiday.
Payment for a public holiday shall be made to an employee
absent through illness and for whom no payment is due in the pay week in which
the holiday falls, provided such absence does not exceed four weeks prior to
such holiday.
Where a public holiday falls on a rostered day off of an
employee he/she shall be paid an extra day's pay (7.78 hours).
10. Sick Leave
(i) Entitlement - An employee who is absent
from his/her work on account of personal illness or on account of injury by
accident arising out of and in the course of his/her employment shall be
entitled to leave of absence, without deduction of pay, subject to the
following conditions and limitations:
(a) The employee shall not be entitled to
paid leave of absence for any period in respect of which he/she is entitled to
workers' compensation.
(b) The employee shall, as soon as
reasonably practicable and within 1.5 hours after the commencement of the
absence, inform the employer of his/her inability to attend for duty and, as
far as practicable, state the nature of the injury or illness and the estimated
duration of the absence.
If it is not reasonably practicable
to inform the employer within 1.5 hours after the commencement of such absence,
the employee shall inform the employer within 24 hours of such absence.
(c) The employee shall prove to the
satisfaction of his/her employer that he/she was unable on account of such
illness or injury to attend for duty on the day or days for which sick leave is
claimed.
(d) An employee's entitlement sick leave shall accrue as follows:
At the rate of 5 hours 50 minutes
of working time for each month of service during the first six months of the
first year of any period of employment.
During the first year of any
period of employment an employee shall not be entitled to leave in excess of 35
hours of working time. Provided that on
completion of his/her first full year of service he/she shall be entitled to
paid sick leave of a further 35 hours of working time in respect of that year
of service.
For each year of service after the
first year of service with an employer, an employee shall be entitled to paid
sick leave of 70 hours of working time.
(ii) Single Day Absences - An employee who
claims paid sick leave in accordance with this clause for an absence of one day
only and who has already been allowed paid sick leave on more than one occasion
during that year, 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 stating that, in the medical practitioner's
opinion, the employee was unable to attend for duty because of personal illness
or because of injury by accident.
However, an employer may agree to accept from the employee a statutory
declaration stating that the employee was unable to attend for duty on account
of personal illness or on account of injury by accident, in lieu of a
certificate of a duly qualified medical practitioner as prescribed by this
subclause. Nothing in this subclause
limit the employer's rights under paragraph (c) of subclause (i) of this
clause.
(iii) Paid sick leave shall accumulate indefinitely,
provided that an employee who has accrued at least 18 days' sick leave may, on
the anniversary of his/her employment each year, elect to be paid the value of
sick leave credit in excess of 18 days, up to a maximum of 9 sick days, which
shall be deducted from the employee's sick leave accumulation. A day shall mean 7.78 hours.
(iv) Attendance at Hospital, etc. -
Notwithstanding anything contained in paragraph (a) of subclause (i) of this
clause, an employee suffering injury through an accident arising out of and in
the course of his/her employment (not being an injury in respect of which
he/she is entitled to workers' compensation) necessitating his/her attendance
during working hours to a doctor, chemist or trained nurse, or at a hospital, shall
not suffer deduction from his/her pay for the time (not exceeding four hours)
so occupied on the day of the accident, and shall be reimbursed by the employer
all expenses reasonably incurred in connection with such attendance.
(v) Year of Service - Year of service for
the purpose of this clause means the period between the date of commencement of
the employment in any year and the anniversary of the commencement in the next
year.
(vi) Doctor's Certificate - When an employer demands
a doctor's certificate from an employee absent through personal ill health, the
employer shall defray the cost of that certificate if a payment is involved.
(vii) Extended Sick Leave - Notwithstanding the
foregoing, an employee with not less than two years of service may apply for
extended sick leave (which shall not exceed 12 weeks in any one year of
service) which may be granted at the discretion of senior officers of the
Industrial Relations Department of each company, subject to conditions applicable
at each company. The granting of
extended sick leave shall not be unreasonably withheld. In the event of any dispute arising as a
result of the company decision, the matter shall be referred to the Chairperson
of the Breweries, &c. (State) Industrial Committee for final determination.
11. 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 10, 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, and 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
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(a) An employee may elect, with the consent
of the employer and 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.
12. Annual Leave
(i) The period of annual leave shall be
four weeks, inclusive of rostered days off.
For annual leave provisions, see Annual
Holidays Act 1944; provided an employee when proceeding on his/her four
weeks' paid annual leave (or five weeks in the case of a seven-day shift
worker), shall be paid for the first two weeks of such leave at double his/her
average ordinary hours' rate of pay.
This additional two weeks' pay is only payable where an employee is
taking his/her full period of annual leave, and is not payable in respect of
the pro rata annual leave payment made at the time of termination of
employment.
(ii) The period of annual leave is to be
taken in one consecutive period or, if the employee and the employer agree, in
two separate periods, in which case the first week of the leave shall be paid
at double time.
(iii) Seven-day shift workers (i.e., employees
whose ordinary working period includes Sundays and holidays on which they are
regularly rostered for work) shall be allowed additional leave as specified
below.
If, during the year of his/her
service, an employee has served continuously as a seven-day shift worker, the
additional leave with respect to that year shall be one week inclusive of the
rostered day off to be paid at his/her average ordinary hours' rate of pay.
If, during the year of his/her
service, he/she has served for only a portion of it as a seven-day shift
worker, the additional leave shall be calculated on a pro rata basis; provided
that, if such calculation includes a fraction of a day, such fraction shall not
form part of the leave period and any such fraction shall be discharged by
payment only.
(iv) Where the employment of an employee has
been terminated and he/she thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in
lieu of an annual holiday, a payment of two hours fifty-five minutes at his/her
ordinary wage rate shall be made with respect to each four weeks as a seven-day
shift worker which he/she has rendered during such period of employment.
(v) Annual leave shall be taken at a time
mutually agreed between the employee and the employer. Provided that, where an employee takes
annual leave in accordance with a roster drawn up by the employer, he/she shall
receive six months' notice of the commencement of rostered leave. Provided further that suitable alternative
arrangements will apply in emergency situations.
13. Long Service Leave
Long Service Leave shall be in accordance with the Long Service Leave Act 1955.
14. Mixed Functions
An employee engaged for more than two hours during one day
or shift on duties carrying a higher rate than his/her ordinary classification
shall be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift, he/she
shall be paid the higher rate for the time so worked.
15. Bereavement Leave
(i) An employee, other than a casual
employee, shall be entitled to a maximum of three days bereavement leave
without deduction of pay, on each occasion of the death of a person as prescribed
in subclause (iii) of this clause.
(ii) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will 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 10, 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), (5) and
(6) of the said clause 10. In
determining such a request, the employer will give consideration to the circumstances
of the employee and the reasonable operational requirements of the business.
16. Repatriation Leave
Employees, being ex-service personnel, shall be allowed, as
time worked, lost time incurred while attending repatriation centres for
medical examination and/or treatment; provided that:
(i) such lost
time does not exceed 24 hours in each year of service;
(ii) payment shall be limited to the
difference between ordinary wage rates for time lost and any payment received
from the Repatriation Department as a result of each such visit;
(iii) the employee produces evidence
satisfactory to the employer that he/she is required and subsequently does
attend a repatriation centre.
17. Paid Leave for Blood Donors
An employee who is absent during ordinary working hours for
the purpose of donating blood shall not suffer any deduction of pay, up to a
maximum of two hours on each occasion, and subject to a maximum of three
separate absences for the purpose of donating blood each calendar year,
provided that such employee shall arrange as far as practicable for his/her
absence to be as close as possible to the end of his/her ordinary working
hours.
Provided further, the employee shall notify his/her employer
as soon as possible of the time and date upon which he/she is requesting to be
absent for the purpose of donating blood.
Proof of the attendance of the employee at a recognised
place for the purpose of donating blood, and the duration of such an
attendance, shall be furnished to the satisfaction of the employer.
18. Jury Service
An employee required to attend for jury service during
his/her ordinary working hours shall be reimbursed by the company an amount
equal to the difference between the amount paid in respect of his/her attendance
for the duration of such attendance and the amount he/she would have received
in respect of his/her ordinary hours of work.
The employee shall be allowed to report directly to the courthouse each
morning.
19. Trade Union Training
An employee may apply for paid trade union training leave,
which shall be granted at the discretion of the senior officer of the
Industrial Relations Department of each company, subject to the following:
(a) Applications to attend T.U.T.A. courses
shall be formally endorsed by a union official. An employee shall be entitled to payment for up to a maximum of
three days in any one year while attending such approved courses.
(b) An employee may be granted permission,
at the discretion of the employer, to draw upon any entitlement under subclause
(a) of this clause for future years.
(c) The granting of leave to attend trade
union training courses shall not be unreasonably withheld. In the event of any dispute arising as a
result of the company's decision, the matter shall be referred to the
Industrial Relations Commission of New South Wales.
20. Industrial Matters
(i) A union delegate shall be entitled to
be paid for time lost in attending arbitration proceedings and award
negotiations as required by his/her union. The union shall notify the company in advance when a delegate is
so required.
(ii) Each authorised union delegate shall be
entitled to be paid for attending a meeting called by the Divisional Secretary
of the union for the purpose of compiling the award log of claims and electing
the Brewery Negotiating Committee. Such
payment shall be limited to four hours in any year and delegates shall produce
proof that they attended the meeting.
(iii) Employees who are members of the Brewery
Negotiating Committee shall be entitled to be paid for attending meetings
called by the Divisional Secretary of the union for the purpose of considering
the reply of the employer association to the log of claims. Such payment shall be limited to four hours
in any year and committee members shall produce proof that they attended the
meeting.
21. Union Meetings
Employees shall be entitled to be paid for two official stop
work meetings in each calendar year, subject to the following:
(a) The meeting shall be called by the Divisional
Secretary of the union, who shall notify the companies forthwith.
(b) The union and each company shall agree
on the composition of "essential staff" who shall remain on duty
during the meeting. The members of the
"essential staff" shall be paid a penalty of half ordinary time extra
for the duration of the stoppage, with a maximum of four hours at such rate.
(c) A maximum of four hours time shall be
allowed away from work for each meeting and shall provide for travelling time
to and from the venue, and the duration of the meeting. Employees shall attend for duty during any
part of the rostered shift occurring before or after the meeting.
(d) Employees
shall produce satisfactory proof that they attended the meeting.
(e) The company shall allow members of the
union to have paid plant meetings on a "needs" basis, provided that
at least six meetings shall be allowed in each plant in each year. Each meeting shall be called by the Divisional
Secretary of the union who shall notify the company.
(f) Paid delegates' meetings shall be
allowed at two monthly intervals. Such
meetings shall be of two hours duration to enable the delegates to confer with
union officials on industrial matters and then to confer with the company.
22. Payment of Wages
Payment of wages shall be in accordance with the
requirements of the Industrial Relations
Act 1996 and the Industrial Relations (General) Regulation 1996.
Employees kept waiting for their wages on pay day for more
than a quarter of an hour after the usual time of ceasing work shall be paid at
overtime rates after that quarter-hour with a minimum of a quarter of an hour;
provided that this clause shall not apply where the circumstances causing the
delay are beyond the control of the employer.
23. Waterproof Clothing and
Boots
Where it is necessary for an employee to wear waterproof
clothing or boots, they shall be provided by the employer. The question as to whether waterproof
clothing or boots are necessary for any employee shall be settled by agreement
between the employer and the union; provided that the employer shall provide
safety shoes in lieu of boots upon receipt of advice from a medical
practitioner or chiropodist that shoes are essential.
24. Terms of Employment
(i) Employment under this award shall be by
the week, but employees not attending for duty shall, except as provided
elsewhere in this award, lose their payment for the actual time of such
non-attendance. Employment shall be
terminated by a week's notice on either side to be given at any time during the
week or by the payment or forfeiture of a week's wages, as the case may be.
Termination of employment by the
company shall be effected in accordance with subclauses (i)(h) or (ii)(i) of
clause 27, Disputes and Industrial Grievance Procedure, as appropriate.
(ii) An employee shall perform such work as
shall from time to time be required on the usual days and within the prescribed
hours.
(iii) For the purpose of meeting the needs of
the employer in the industry, such employer may require an employee to work
reasonable overtime, including work on Saturdays, Sundays and public holidays,
at the rate prescribed by this award and, unless reasonable excuse exists, the
employee shall work in accordance with such requirement.
(iv) An employer may direct an employee to
carry out such duties as are within the limits of the employee's skill,
competence and training, consistent with the classification structure of this
award.
(v) An employer may direct an employee to
carry out such duties and use such tools and equipment as may be required,
provided that the employee has been trained in the use of such tools and
equipment.
(vi) Any direction issued by an employer
pursuant to subclauses (iv) and (v) of this clause shall be consistent with the
employer's responsibilities to provide a safe and healthy working environment.
25. Abandonment of Employment
If an employee is absent from work for a continuous period
exceeding three working days without notification to the employer, the employer
may follow the abandonment of employment procedure as follows:
(i) The employer shall inform the
employee's section delegate that it is proposed to take action under this
procedure and shall provide the delegate with the last known residential
address of the employee.
(ii) The employer shall forward to the
employee a written notification that it is proposed to note the termination of
his/her employment by abandonment. Such
notification shall be sent by certified mail or by telegram to the employee's
last known residential address, and shall contain the name and telephone number
of the company representative to whom he/she should report and the name of the
employee's section delegate.
(iii) Should the employee fail to contact the
employer on the third working day following the date of posting of the
notification, the employee shall be deemed to have abandoned his/her
employment, with effect from the last day attended for duty.
(iv) In any case where it is noted that the
employee has abandoned his/her employment, and it is subsequently found that
the absence and failure to notify the employer was due to a reasonable cause,
the employee shall be reinstated for duty.
(v) Each
employee shall be given a copy of this clause upon commencement of employment.
26. Health and Safety
(i) The employer shall provide for the
injection of anti-influenza virus to an employee upon his/her request, without
cost or loss of pay to the employee, in accordance with the procedure agreed to
at each plant.
27. Disputes and Industrial
Grievance Procedure
The following procedures will be adopted for the resolution
of any question, grievance, dispute or difficulty on-site, with the view to ensuring
that the issues are resolved at the closest point to the workplace:
(a) Where an employee or group of employees
have a grievance or dispute, they shall discuss the matter with their
supervisor. If they so wish, they may
be accompanied by their union delegate or another employee of their
choice. The parties will endeavour to
resolve the matter within their authority limits.
(b) If the matter is not settled, the
employee may be accompanied by his/her union delegate to discuss the matter
with the departmental head of that department.
(c) If the
matter is not settled, then the matter will be referred to more senior
management.
(d) If the matter is not settled, then it
may be referred to the relevant union official to take up the matter with more
senior management. At this stage, the
employer may be represented by an industrial organisation of employers.
(e) If the matter is not settled, then it
may be referred by the union official referred to in subclause (d) of this
clause to union.
(f) If the matter is not settled, then the
matter may be referred by the union to the Industrial Relations Commission of
New South Wales.
(g) The process contained in subclauses (a)
to (f) of this clause should be completed within seven working days, where
practicable, to prevent escalation of any dispute.
(h) Where an
issue relates:
(i) to a question, dispute or difficulty
concerning the, application or operation of the parent award or this award; or
(ii) to alleged discrimination in employment
within the meaning the Anti-Discrimination
Act 1977, then the process contained in subclauses (a) to (f) shall be
adopted as a means of resolving the issue.
(i) During any dispute or grievance, the
status quo existing immediately prior to the matter giving rise to the dispute
will remain in place. Work will proceed
without stoppage or imposition of any ban, limitation or restriction whilst the
procedures are in progress.
28. Union Delegates
Where the union appoints an employee as an on-the-job
delegate, their name and the section or sections with which they are concerned
shall be given to the employer in writing and the employer shall recognise the
delegate as a union representative. A
delegate's authority is restricted to the application of this award and working
conditions.
29. Structural Efficiency
(i) The parties to this award are committed
to co-operating positively to increase the efficiency, productivity and
international competitiveness of the brewing industry and to enhance the career
opportunities and job security of employees in the industry. Accordingly, employees within each
classification will perform a wider range of duties, including work, which is
incidental or peripheral to their main tasks or functions.
(ii) At each plant or enterprise, an employer
and the employees and their relevant union or unions shall establish a
consultative mechanism and procedures appropriate to the size, structure and
needs of that plant or enterprise. Measures
raised by the employer, employees or union or unions for consideration
consistent with the objectives of subclause (i) herein shall be processed
through that consultative mechanism and procedures.
(iii) Any dispute arising in relation to the
implementation of structural efficiency items shall be subject to Clause 27,
Disputes and Industrial Grievance Procedure.
Any matter left unresolved after structural efficiency negotiations may
be referred to the Industrial Relations Commission of New South Wales for
determination.
30. Training
(i) Parties to this award recognise that in
order to increase the efficiency, productivity and international
competitiveness of industry, a greater commitment to training and skill
development is required. Accordingly,
the parties commit themselves to:
(a) developing a more highly skilled and
flexible workforce;
(b) providing employees with career
opportunities through appropriate training to acquire additional skills;
(c) removing barriers to the utilisation of
skills acquired.
(d) provided that if the training is
undertaken during ordinary working hours the employee concerned shall not
suffer any loss of pay. The employer
shall not unreasonably withhold such paid training leave.
(e) Any costs associated with standard fees
for prescribed courses and prescribed textbooks incurred in connection with the
undertaking of training shall be reimbursed by the employer upon production of
evidence of such expenditure. Provided that reimbursement shall also be on an
annual basis subject to the presentation of reports of satisfactory progress.
31. Retirement Plans and
Superannuation
The subject of superannuation is dealt with extensively by
federal legislation including the Superannuation
Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints)
Act 1993 (Cth), and s124 of the Industrial
Relations Act 1996. This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
The applicable fund for the Brewing Industry is Host Plus
and at Carlton United Breweries is governed by the Brewing Industry
(Superannuation) Award, an Award of the Australian Industrial Relations
Commission and at Tooheys Limited is governed by the Lion Nathan Superannuation
Scheme.
32. 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 effect. 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 victimise 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 he
legislation referred to in this Clause.
6. 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".
33. Redundancy and
Technological Change
33.1 APPLICATION
33.1.1 This Part shall apply in respect to full time
and part time persons employed in the classifications within this Award.
33.1.2 In respect to employers who employ 15 or more
employees immediately prior to the termination of employment of employees, in
the terms of Clause 36.
33.1.3 Notwithstanding anything contained elsewhere
in this Part, this Part shall not apply to employees with less than one year’s
continuous service and the general obligation on employers shall be no more
than to give such employees an indication of the impending redundancy at the
first reasonable opportunity, and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
33.1.4 Notwithstanding anything contained elsewhere
in this Part, this Part 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.
34. Introduction Of Change
34.1 EMPLOYER'S
DUTY TO NOTIFY
34.1.1 Where an employer has made a definite
decision to introduce major changes in
production, program, organisation, structure or technology that are
likely to have significant effects on employees, the employer shall notify the
employees who may be affected by the proposed changes and the Union to which
they belong.
34.1.2 "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where this award
makes provision for alteration, it shall be deemed not to have significant
effect.
34.2 EMPLOYER'S
DUTY TO DISCUSS CHANGE
34.2.1 The employer shall discuss with the employees
affected and the Union to which they belong, inter alia, the introduction of
the changes referred to in subclause 34.1 above, 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.
34.2.2 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 34.1 of this Clause.
34.2.3 For the purpose of such discussions, the
employer shall provide to the employees concerned and the Union to which they
belong all relevant information about the changes, including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees, provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
35. Redundancy
35.1 DISCUSSIONS
BEFORE TERMINATIONS
35.1.1 Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone pursuant to subclause 34.1.1, 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.
35.1.2 The discussions shall take place as soon as
is practicable after the employer has made a definite decision which will
invoke the provision of subclause 35.1.1 and shall cover, inter alia, any
reasons for the proposed terminations, measures to avoid or minimise the
terminations and measures to mitigate any adverse effects of any termination on
the employees concerned.
35.1.3 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.
36. Termination Of Employment
36.1 NOTICE FOR
CHANGES IN PRODUCTION, PROGRAMME, ORGANISATION OR STRUCTURE
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from production, program, organisation or structure, in accordance with
subclause 34.1.1.
36.1.1 In order to terminate the employment of an
employee, the employer shall give to the employee the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than one 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
|
36.1.2 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.
36.1.3 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.
36.1.4 Unless and until the employer has complied
with the requirements of Clause 34, Introduction of Change, and Clause 35,
Redundancy, the status quo will be maintained; that is, the employer will not
implement the redundancy or redundancies which is or are the subject of the
dispute, and the employees will not take industrial action.
36.2 NOTICE FOR
TECHNOLOGICAL CHANGE
This subclause sets out the notice
provisions to be applied to termination by the employer for reasons arising
from technology in accordance with subclause 34.1.1 of this award:
36.2.1 In order to terminate the employment of an
employee, the employer shall give to the employee three months' notice of
termination.
36.2.2 Payment in lieu of the notice above shall be
made if the appropriate notice period is not given. Provided that employment
shall be terminated by part of the period of notice specified and part payment
in lieu thereof.
36.2.3 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.
36.3 TIME OFF
DURING THE NOTICE PERIOD
36.3.1 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.
36.3.2 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.
36.4 EMPLOYEE
LEAVING DURING THE NOTICE PERIOD
If the employment of an employee
is terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this Clause
to which the employee would have been entitled had the employee remained with the
employer until the expiry of such notice. Provided that in such circumstances
the employee shall not be entitled to payment in lieu of notice.
36.5 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.
36.6 NOTICE TO
CENTRELINK
Where a decision has been made to
terminate 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.
36.7 DEPARTMENT OF
SOCIAL SECURITY EMPLOYMENT SEPARATION CERTIFICATE
The employer shall, upon receipt
of a request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by the
Department of Social Security.
36.8 TRANSFER TO
LOWER-PAID DUTIES
Where an employee is transferred
to lower-paid duties for reasons set out in subclause 34.1, the employee shall
be entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rates for the number of weeks of notice still owing.
37. Severance Pay
37.1 Where an employee is to be terminated
pursuant to subclause 36, 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.
37.1.1 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
|
37.1.2 Where an employee is 45 years old 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
|
37.1.3 "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 pursuant to this award.
37.2 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 subclause 37.1 above.
The Commission shall have regard
to such financial and other resources of the employer concerned as the Commission
thinks relevant, and the probable effect of paying the amount of severance pay
in subclause 37.1 of this Clause will have on the employer.
37.3 ALTERNATIVE
EMPLOYMENT
Subject to an application by the
employer and further order of the Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 37.1
above if the employer obtains acceptable alternative employment for an
employee.
38. Area, Incidence and
Duration
(a) This award shall apply to all classes of
persons provided for herein within the jurisdiction of the Breweries, &c.
(State) Industrial Committee.
(b) This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Breweries (State) Award
published 26 June 1992 and reprinted 27 June 1997 (299 I.G. 717) and all
variations thereof and the Breweries (State) Wages Adjustment Award published
25 July 2000 (313 I.G. 777) as varied.
(c) The award published 27 June 1997 took
effect from the beginning of the first pay period to commence on 12 September
1991 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) and take effect on 9 July 2001
(e) This award remains in force until varied
or rescinded, the period for which it was made having already expired.
SCHEDULE A
Award and Variations incorporated
|
Clause
|
Award/Variation Serial No.
|
Date of Publication
|
Date of taking Effect
|
Industrial Gazette
Vol. Page
|
|
Award
|
B5497
|
27 June 1997
|
First pay period from 12 September 1991
|
299
|
717
|
|
Variation
|
B6029
|
9 April 1998
|
First pay period from 9 September 1997
|
304
|
330
|
|
Variation
|
B7379
|
22 October 1999
|
First pay period from 10 December 1998
|
311
|
790
|
|
Variation
|
B7522
|
11 February 2000
|
First pay period from 28 July 1999
|
313
|
486
|
SCHEDULE B
Changes made on
review
Date of Effect: 9
July 2001
Rescinded Obsolete
Awards Related to this Review:
|
Award
|
Previous Form of Clause Last Published at:
I.G. Vol. Page
|
|
Breweries (State) Adjustment Award
|
313
|
777
|
|
Breweries (State) Adjustment Award
|
321
|
179
|
PART B
MONETARY RATES
TABLE 1 - RATES OF PAY
From the first pay period commencing on or after 25 July
2000.
The rates of pay in this award include the adjustments
payable under the State Wage Case of 2000.
These adjustments may be offset against:
(a) any
equivalent overaward payments, and/or
(b) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
Table 1 ¾
Rates of Pay
|
Classification
|
Wage Total
|
|
(ii) Carlton and United Breweries (NSW) Pty
Limited Employees -
|
|
|
Security Officer/Controller
|
526.80
|
|
Process Control Room Operator
|
526.80
|
|
Security Officer
|
512.90
|
|
Quality Control Employee
|
497.50
|
|
Kegging Plant Operator
|
497.30
|
|
Beer Runner
|
497.30
|
|
Packaging Plant Operator
|
496.50
|
|
Storeperson - Main Store
|
|
|
Storeperson/Driver A
|
513.70
|
|
Storeperson/Driver B
|
533.50
|
|
Bottle Shop Assistant
|
496.50
|
|
Production Assistant/General Hand
|
487.80
|
|
Cleaner
|
487.80
|
|
All other adult employees
|
480.10
|
|
(ii) Tooheys Limited - Auburn and Grafton
Employees -
|
|
|
Engine Drivers - Auburn/Grafton
|
555.20
|
|
Fireperson - Auburn/Grafton
|
543.40
|
|
Customer Serviceperson - Auburn
|
541.60
|
|
Forklift Driver - Auburn
|
539.80
|
|
Brewhouse Control Operator (Steinecker Brewing Plant Auburn)
|
536.40
|
|
Forklift Driver - Hunter and Grafton (Auburn Afternoon
Shift)
|
535.70
|
|
Engine Room Greaser
|
535.30
|
|
Plant Greaser - Auburn
|
527.30
|
|
Customer Serviceperson - Grafton and Hunter
|
526.80
|
|
Engine Driver Trainee
|
526.00
|
|
Filterperson - Auburn
|
524.60
|
|
Fireperson Trainee
|
543.40
|
|
Fermentation Person - Grafton
|
520.80
|
|
Fermentation Person - Auburn
|
516.20
|
|
Packaging Operators - Auburn
|
515.20
|
|
Bulk Packaging Operator - Auburn
|
520.10
|
|
Security Officer - Auburn
|
512.90
|
|
Greaser - Grafton
|
514.10
|
|
Bulk Packaging Operator - Grafton
|
509.00
|
|
Recovery Plant Operator - Grafton
|
506.80
|
|
Brewhouse Complex Operator - Grafton
|
506.80
|
|
Filtration Complex Operator - Grafton
|
506.80
|
|
Dispatch Hand/Loadmaker Poly - Auburn
|
522.20
|
|
All other adults packaging - Auburn
|
505.50
|
|
Bottle Shop Hand - Auburn
|
503.50
|
|
Dispatch Hand/Loadmaker - Auburn
|
518.80
|
|
Dispatch Hand - Hunter
|
503.50
|
|
Traffic Controller
|
503.50
|
|
Other Adult - Road Sweeper
|
503.90
|
|
Quality Control Employee - Grafton
|
487.00
|
|
Beer Runner - Auburn
|
487.20
|
|
Gardener - Auburn
|
487.00
|
|
Main Stores Storeperson - Auburn/Grafton
|
496.50
|
|
Barperson - Auburn/Grafton
|
496.60
|
|
Other Adults - Cleaners - Auburn
|
487.80
|
|
Dispatch Hand/Loadmaker - Grafton
|
484.40
|
|
Drivers Gross
Vehicle Weight over 19.73 tonnes to 21.09 tonnes -
|
|
|
Grafton
|
532.90
|
|
(iii) Transportation Employees -
|
|
|
Transportation Employee Grade 1
|
503.90
|
|
Transportation Employee Grade 2
|
507.80
|
|
Transportation Employee Grade 3
|
524.20
|
|
Transportation Employee Grade 4
|
532.90
|
|
Transportation Employee Grade 5
|
544.60
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item
|
Clause
|
Description
|
Amount
|
|
|
Number
|
|
$
|
|
1
|
2(ii)(a)
|
Leading Hands in charge of not more than 10
|
24.80 per week
|
|
|
|
people
|
|
|
2
|
2(ii)(b)
|
Leading Hands in charge of more than 10 people
|
35.30 per week
|
|
3
|
2(ii)(c)
|
Employees in brewhouse, refrigerated cellars and
|
4.50 per week
|
|
|
|
malthouses
|
|
|
4
|
2(ii)(d)
|
Employees, qualified first-aid attendant
|
10.30 per week
|
|
5
|
2(ii)(e)
|
Shiftworkers, as defined -
|
|
|
|
|
Provided employees on 5-day roster of each night
|
41.20 per week
|
|
|
|
shift worked receive additionally
|
1.13 per shift
|
|
6
|
2(ii)(f)
|
Employees on 7-day continuous shift roster
|
55.30 per week
|
|
7
|
2(ii)(g)
|
Shiftworker on 12 hour rostered shift
|
55.30 per week
|
|
8
|
2(ii)(h)
|
Forklift allowance - battery operated
|
7.60 per week
|
|
9
|
2(ii)(i)
|
Uniform allowance
|
6.20 per week
|
|
10
|
2(ii)(j)
|
Forklift driver required to use hydraulic grab
|
12.15 per week
|
|
|
|
attachments
|
|
|
11
|
3
|
Service Increments after -
|
|
|
|
|
1st year
|
16.55 per week
|
|
|
|
2nd year
|
18.65 per week
|
|
|
|
3rd year
|
21.45 per week
|
|
|
|
4th year
|
24.35 per week
|
|
|
|
5th year and thereafter
|
26.70 per week
|
|
12
|
6(i)
|
Meal Allowance
|
5.40
|
|
13
|
6(ii)
|
Breakfast Allowance
|
1.25
|
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.