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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BREWERIES (STATE) AWARD
  
Date11/30/2001
Volume329
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0491
CategoryAward
Award Code 059  
Date Posted12/13/2001

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(059)

SERIAL C0491

 

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)

 

Before Commissioner Patterson

9 July 2001

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No

Subject Matter

1.

Title

2.

Wages

3.

Service Increments

4.

Definitions

5.

Hours

6.

Overtime

7.

Saturday Work

8.

Sunday and Holiday Work

9.

Public Holidays

10.

Sick Leave

11.

Personal/Carer's Leave

12.

Annual Leave

13.

Long Service Leave

14.

Mixed Functions

15.

Bereavement Leave

16.

Repatriation Leave

17.

Paid Leave for Blood Donors

18.

Jury Service

19.

Trade Union Training

20.

Industrial Matters

21.

Union Meetings

22.

Payment of Wages

23.

Waterproof Clothing and Boots

24.

Terms of Employment

25.

Abandonment of Employment

26.

Health and Safety

27.

Disputes and Industrial Grievance Procedure

28.

Union Delegates

29.

Structural Efficiency

30.

Training

31.

Retirement Plans and Superannuation

32.

Anti-Discrimination

33.

Redundancy and Technological Change - Application

34.

Introduction of Change

35.

Redundancy

36.

Termination of Employment

37

Severance Pay

38.

Area, Incidence and Duration

 

Schedule A

Schedule B

 

PART B

 

MONETARY RATES

 

Table 1

Rates of Pay

Table 2

Other Rates and Allowances

 

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:

 

(a)

Leading hands in charge of not more than 10 people

Item 1

(b)

Leading hands in charge of more than 10 people

Item 2

(c)

Employees in brew house and refrigerated cellars

Item 3

(d)

Employees qualified and authorised to act as first-aid attendant

Item 4

(e)

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).

Item 5

(f)

Employees on seven-day continuous shift roster, in lieu of any other shift allowance

Item 6

(g)

Shift worker on 12-hour rostered shifts

Item 7

(h)

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.

Item 8

(i)

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.

Item 9

(j)

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.

Item 10

 

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 -

 

(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 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.

 

 

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